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HomeMy WebLinkAbout96-01384 , . " ~ ~ ~ , J' IV ~ J J :;:,-. c:Ao:) ....., ....... ~f OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreel Carlisle, PA 17013 (717) 240-6535 I. Robert IlIcker, II Divo,ce Masle, Treel .10 Colver July 1, 1996 OIflce ManagerlReporter Jenniter L. Lehman Attorney at Law 3540 North Progress Avenue suite 207 Harrisburg, PA 17110 RE: christinalynn E. MCCoy-Poley vs. Daniel R. Poley No. 96 - 1384 In Divorce We.' Shore 697-0371 Exl. 6535 Daniel R. Poley 107 East ~eller Street Mechanicsburg, PA 17055 Dear Ms. Lehman vs. Mr. Poley: By order ot Court ot President Judge Harold E. Sheely dated June 26, 1996, the full-time Master has been appointed in the above reterenced divorce proceedings. A divorce complaint was filed on March 14, 1996, raising grounds tor divorce ot irretrievable breakdown of the marriage. The complaint also raised the economic claim of equitable distribution. I am going to proceed on the assumption that grounds for divorce are not an issue and that either the parties have been separated tor a period in excess of two years or they will sign aftidavits of consent to conclude the divorce under the irretrievable breakdown provisions of the Domestic Relations Code. With respect to the economi.c claim ot equitable distribution, I am directing Ms. Lehman as attorney for the Plaintiff and Mr. Poley, who apparently is unrepresented by counsel, to each file a pre-trial statement in accordance with P.R.C.P. 1920.JJ(b) on or before Monday, July 22, 1996. Upon receipt of the pre-trial statements I will immediately schedule il ]I !!l~ ,. !I !l ~=~ .... ... II II i;J~ f ;! ~.~ i d i~~; " ~ :j Ii i~ ... ! .... ~~ ~'J 2! ~~ ,I ~ ,i h :3 ~ r: Ii - .Q ~ - ,~ fj , -; ..:: jl ,i .. 'I', 1ii c .. . I ~>< . I -:; :C . III il~~ Cal > ~ Ii ;.t -Ii ! :i ~ ~! d a ,;'-- ~ jl = E :~-~ ~ ~ .9 : 1 ~I~ g . I ;a p';;; ., i D\ ~ . '" f;l tl /!l i ~ H I ~ ! i) . CHRIsTINALYNN E. McCOY-POLEY, Plaintiff : IN THE COURT OF caoIMON PLEAS OF : CUMBERLAND COUNT'i, PENNSYLVANIA vs. NO. 96-1384 CIVIL TER.'1 DANIEL R. POLEY, Defendant : : IN CUSTODY aU>I!R OE' CXXlRT AND lUI, this S, J day of ~ ,') of the attached Custody Conciliatlon Report, it follows: , 1996, upon consideration is ordered and directed as 1. The Mother, Christinalynn E. McCoy-Poley, and the Father, Daniel R. Poley, shall have shared legal and physical custody of Oanielle E. poley, born June 10, 1992. 2. For a trial period of three (3) months, the parties shall share physlcal custody of the Child on alternating blweekly periods. The parties ehall exchange custody under this schedule on alternating Sunday evenings at 7:30 p.m. The alternating biweekly schedule shall begin with the Father having physical custody of the Child from April 28 through May 12, 1996. 3. The parties agree to cooperate with each other in scheduling a period or periods of partial custody for the non-custodial parent during the interim weekend or on a weekday evening as arranged by mutual agreement of the parties. 4. The parties shall share or alternate custody on holidays as arranged by mutual agreement of the parties. 5. The custodial party shall contact the other party in the event he or she requires childcare for the Child. The custodial party shall make arrangements with a third party to provide care only if the non-custodial party is either unable or unwllling to assume custody of the Child during the period for which the custodial parent requires childcare. 6. The parties and cousel shall meet the Custody Conciliator, Dawn S. Sunday, Esquire, for a second Conference on July 30, 1996 at 8:00 a.m. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms .J ( r; .~ , > ,.. ) ,v J~} (~ , , ~..! ~ r~ ,~ ;:1- ~ -T' """'P"-o .; 0 C.l ," ,,'1 0 J II) r <.) 1,1 ':J ,.. 0 \..~ c-- r '3 - .... 111' r~. \ II") 1...) (!'- ,~ ~ (. . ,Q (r) ) n; L_ ~ . to 1.1 I v' rt, 11 i r-: ,: -:tJ , , .. ....; 'it.. '"-.' "" ~ d , I <.. ~ ;~~ ~~ +J ~ ih; ~ ~~ Ql ..... 2l . . i~~~ Cd III - > ~ ~ I~ ~ . 0: ~ ~ s !;j H ~ ,.. 'f. "'J - I;""' ---... ~1 J , j j ~ . l oJ I{ c: J " ,I i Ii I ~ il II ~ ~ il 11::l ' : . 8 I I I :;' "'.J :~ .. .g _ 0> ,oQ .. 1- = . 11_ ,:. g I' i ~ #( 'it. ii :: ~ . 'I ";:; ~ ': 'Ii. I! ~ ~ ~ ~ :'" 0 !l j ." ': == ~ ~ .- .~ ia~. · ~ ] " CHRISTINALYNN E. McCOY-POLEY, Plaintiff : IN THE COUR'r OF CCfo1l-Ol PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-1384 CIVIL TERM DANIEL R. POLEY, Defendant : IN CUSTODY ~ a!' <DR!' AND rDII, this ~ rt, day of tt. _ \_, ..... ~ , 1996, upon consideration of the attached Custody con~t, it is ordered and directed as follows: 1. The prior Order of this Court dated May 3, 1996 is vacated. 2. The Mother, Christinalynn E. McCoy-poley, and the Father, Daniel R. Poley, shall have shared legal ana physical custody of Danielle E. Poley, born June 10, 1992. 3. The parties shall share physical custody of the Child on an alternating weekly basis, with the exchange of custody to take place each week on Sunday evening at 7:30 P.M. The alternating weekly schedule shall begin with the Mother having physical custody of the Child from August 4, 1996 through August 11, 1996. 4. The parties agree to cooperate with each other in scheduling a period or periods of partial custody for the non-custodial parent each week to be arranged by mutual agreement. 5. The parties shall alternate or share custody of the Child on holidays as follows: A. Thanksgiving/Easter - The parties shall share custody of the Child on Thanksgiving Day and Easter Sunday every year with each party having an equal period of custody with the Child. B. New Years Eve/New Years Day - Recognizing that New Years Eve and New Years Day fall in separate years every holiday season, the Mother shaU have custody of the Child in even numbered years on New Years Eve and on New Years Day and the Father shall have custody of the Child in odd numbered years on New Years Eve and New Years Day. The exchange of custody for the New Year holiday shall occur on New Years Day morning. C. Memorial Day/July 4th/Labor Day - The Father shaU have custody of the Child on July 4th in even numbered years and on Memorial Day and Labor Day in odd numbered years. The Mother shall have custody of the Child on Memorial Day and Labor Day in even numbered years and on July 4th in odd numbered years. For purposes of this provision, ~ Ch '- C If .. > , ~ >.:.:; - ,...... -. ~... z.: ~:..::j f . )o- le IN ';<1 ... l,',. ..... :}(iJ (., .,,"- ;:=: 0 ." l; V) "j 0' () CHRISTINALYNN E. McCOY-POLEY, Plaintiff : IN THE COURT OF CQ1/oO'l PLEAS OF : CUMBERLAND OJUNT'{, PENNSY.tVANIA : vs. : NO. 96-1384 CIVIL TERM : DANIEL R. POLEY, : Defendant : IN CUSTODY ClUlER OF cnJRT ..tJ.. r, l AND N:;W, this.5 day of l.l.~<,.., , consideration of the attachea Custody ConCIIIilt:ro'J\ "Report, and directed as follows: 1996, upon it is ordered 1. The prior Order of this Court dated May 3, 1996 is vacated. 2. 'l'he Mother, Christinalynn E. McCoy-Poley, and the Father, Daniel R. poley, shall have shared legal and physical custody of Danie1le E. Poley, born June 10, 1992. 3. The parties shall share physical custody of the Child on an alternatl.ng weekly basis, with the exchange of custody to take place each week on Sunday evening at 7:30 P.M. The alternating weekly schedule shall begin with the Mother having physical custody of the Child from August 4, 1996 through August 11, 1996. 4. The parties agree to cooperate with each other in scheduling a period or periods of partial custody for the non-custodial parent each week to be arranged by mutual agreement. 5. The parties shall alternate or share custody of the Child on holidays as follows: A. Thanksgiving/Easter - The parties shall share custody of the Child on Thanksgiving Day and Easter Sunday every year with each party having an equal period of custody with the Child. B. New Years Eve/New Years Day - Recognizing that New Years Eve and New Years Day fall in separate years every holiday season, the Mother shall have custody of the Child in even nurrbered years on New Years Eve and on New Years Day and the Father shall have custody of the Child in odd numbered years on New Years Eve and New Years Day. The exchange of custody for the New Year holiday shall occur on New Years Day morning. C. Memorial Day/July 4th/Labor Day - The Father shall have custody of the Child on July 4th in even numbered years and on Memorial Day and Labor Day in odd numbered years. The Mother shall have custody of the Child on Memorial Day and Labor Day in even numbered years and on July 4th in odd numbered years. For purposes of this provision, ....... e' c-: , \. ~ I ~ <.c- ~ \'" \..~) : .) (-" C' c- I ,." ,n () (, , C) '- If> i." W' , ~\I' , '~ ,. . '0 r? 0.. 9:- C'"\ 0' U" -'e l.: ..... i. -, I' r- Cl u' I._} ;j I ii~ :1 d '.... j I II ~~ " i.J5 ~ :! , ... , i ~~ ::,t ot'J j H ;; :.r.a -,8 . !~5~1 2! L ~i "',.~ r- I - ~ , - -. II II ::: :i I ..e ." -1/;; ~ ": . . II ~I .' . I . f!lD .il~~~ ow g! ~ I' ~ -1/ a. il 1 I II I = - II ll~~~' ~~ I gre.;;, ~2 I~" . I a: I ~ . tl ~ 2 ~ H 1/ ~ II . . . /y CHRISTINALYNN E. McCOY-POLEY, . IN THE COURT OF <n1MCtl PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-1384 CIVIL TERM . . DANIEL R. POLEY, : CIVIL ACTION - LAW Defendant . IN CUSTODY . PRICR JUDGE: J. Wesley Oler aJS'1'COY CXH:ILIATICN SlMlARY RBPCRT IN ACXXIUlANCB WI'l'H aJIBERLAND <X:.UlrY RULE OF CIVIL PflCo.""'lRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME BIRTIlIlATE alRRBN'l'Ly IN ammy (R Danielle E. Poley June 10, 1992 Plaintiff/Defendant 2. The initial Conciliation Conference was held in this matter on April 23, 1996, which resulted in an Agreement between the parties establishing a shared custody arrangement. Due to the Mother's change in residence and the fact that the Child will begin school next Fall, the Mother filed this petition for Modification and a second Conference was held on January 8, 1997, '.lith the following individuals in attendance: The Mother, Chrlstinalynn E. McCoy (formerly McCoy-Poley), who is no longer represented by counsel in this matter, and the Father, Daniel R. Poley, with his counsel, Keith o. Brenneman, Esquire. 3. The parties were able to agree that one party would serve as the primary custodian of the Child during the school year with the other party serving as primary custodian during the swnner school break. The parties, to their credit, were also able to negotiate a partial custody arrangement for the noncustodial parent as well as a holiday schedule. The only issue left unresolved at the Conference was which party would have primary custody of the Child during the school year. The parties agreed to submit their dispute on this one issue to a professional custody evaluator and agreed to be bound by the evaluator's determination. The parties will advise the Conciliator of the evaluator's determination upon receipt. The Conciliator wiU then submit a substitute order clarifying which party will serve as primary custodian during the school year and during the swnner school break. 4. The parties agreed to entry of DATE . Ja../I-U..(j I if, /9'17 an Order in the form as attached. (~LviL-ddtL-~l~*' Dawn S. Sunday, Esqu1r Custody Conciliator CHRISTINALYNN E. McCOY-POLEY, : IN THE COURT OF CCfolMCtl PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. : NO. 96-1384 CIVIL TERM DANIEL R. POLEY, CIVIL ACTION - LAW Defendant : IN CUSTODY CROeR 06' cnJRT AND !Oil, this ~ day of J' 217u V~ ' 1997, upon consideration of the attached Custody ConcIT'Iation Reporl:, it is ordered and directed as follows: 1. The prior order of this Court dated August 5, 1996 is vacated and replaced by this order. 2. The Mother, Christinalynn E. McCoy (formerly McCoy-Poley), and the Father, Daniel R. Poley, shall have shared legal custody of Danielle E. Poley, born June 10, 1992. 3. Until one week before cOlTlllencement of the 1997-1998 school year, when the Child begins kindergarten, the parties shall continue to share physical custody of the Child on an alternating weekly basis, with the exchange of custody to take place on Sunday evenings at 7:30 p.m. The parties shall cooperate with eachother in scheduling a period or periods of partial custody for the noncustodial parent each week to be arranged by mutual agreement. 4. The parties shall submit themselves, the Child and any other family members or significant others deemed necessary by the evaluator, to a custody evaluation to be performed by a professional chosen by the parties and counsel. The parties shall select the evaluator within twenty (20) days of the date of the Custody Conciliation Conference. The purpose of the evaluation is to obtain a professional determination as to which party would best serve as the primary custodian of the Child during the school year. For purposes of the evaluation, it shall be assumed that the remainder of the custody arrangements are established as set Corth in this Order. The Father shall be responsible to contribute toward the cost of the evaluation in an amount up to one-half of the total cost. The Mother shall be responsible for payment of the remaining cost. 5. The follOWing custody arrangements shall become effective one week prior to conmencement of the 1997-1998 school year: A. Custody of the Child shall be transferred to the party who has primary custody dur!.ng the school year. B. The Ol<Irty who has primary custody of the Child during the school year shall have custody of the Child one weekend in each four wEll/kund cycle. -nlQ noncustodial party shall have partial custody of the Chlld from ~'riday after school untii Sunday tlvanin'J on three weekends in every four weekend cycle. C. The party who does not h,wu primary custody of the Child durinrJ the school yeilr shaU hilVII primary physical custody of thll Chiid durin'! the UU/llllllr from the beginning of the sUl1lllllr schooi break untU one week before corrmencement of the next schooi year. The party WhCl has primary custody of thll ChUd durinrJ thll sunlner shall also have custody on one weekend durin'J each four weekend cycle. The noncustodial parent shall have partilll custody of the Child durinfj the sUl1lllllr from ~'riday evening through Sunday evenin<J on threo weekend" dudnrJ esch four weekend cycle. D. 'rh. party who is the noncustodial parent during the summer school break Shllli have a one week period of uninterrupted custody with the Child upon providing thirty (30) days notico to the other party. E. The Mother and t'ather shall cooperate in rescheduling weeJtend periods of custody for the Mother for any weekends missed due to the Mother's military reserve duty. F. The party who is the noncustodial parent during the school year shall have partial custody of the Child (with the exception of FAster Sunday stated in paragraph 6A) during the Child's spring break from school every year. G. The parties agree that it is their intention to alternate custody of the Child by agreement on school holidays which are not otherwise addressed in this Order. 6. The parties shall alternate or share custody of the Child on holidays as follows I A. ~iyi/1l1/Eaat.r - The parties shall share custody of the Chiid on Thanksgiving Day and Easter Sunday every year with each party having an equal period of custody with the Child. 8. Olrisl:llBs - The Christmas holiday shall be divided into 5e<Jment A and Segment B, with Se<Jment A beginning at 10:00 a.m. on Christmas Eve and ending on Christmas Day at 1:00 p.m., snd Se<Jlllent B beginning on Christmas Day at 1:00 p.m. and ending on December 26 at a time to be arranged by agreement of the parties. Segment B shall also include a two hour period of custody between 4:00 p.m. and 9:00 p.m. on Christmas Eve. The Father shall have custody of the Chiid in 00d numbered years during Segment A and in even Ol.lllt>ered years during Segment B. The Mother shall have custody of the Child in even numbered years during Segment A and in odd numbered years during Segment B. C. Nav Years Eve/New Years Day - The party who has custody of the Child during Sagment B over the Christmas holiday shall have custody of the Child in the fOllowing week from New Years Eve through New Years Day at times to be arranged by agreement of the parties. D. MlIIIIodal Day/July 4th/Labor Day - The Father shall have custody of the Child on July 4th in even nurrbered years and on Memorial Day and Labor Day in odd numbered years. The Mother shall have custody of the Child on Memorial Day and Labor Day in even nurrtlered years and on July 4th in odd nurrtlered years. E. Mother's Day/Father's Day The Father shall have custody of the Child in every year on Father's Day and the Mother shall have custody of the Child in every year on Mother's day. F. Child's Birthday - Each party shall have a reasonable period of custody with the Child on the Child's birthday in every year. 7. If either party intends to remove the Child from his or her residence for a period of a weekend or longer, that party shall provide reasonable advance notice and a telephone nurrtler where the Child can be reached by the noncustodial party. 8. The custodial party shall contact the other party in the event he or she requires childcare for the Child for an overnight period or longer. The custodial party shall make arrangements with a third party to provide care under those circumstances only if the noncustodial party is either unable or unwilling to assume custody of the Child during the period in which the custodial parent requires childcare. 9. This Order is entered pursuant to an Agreament of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. BY THE CXXJRT, J. , , cc: Keith o. Brenneman, Esquire - Counsel Christinalynn E. McCoy, Pro Se for Father _ c.~~. '/~3/97 ..d.t'.