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Home My WebLink About96-03101 " ',I, 'i ." , I, " II . . 1 " " 1 , , " " ", 'I!. \ 'I ,I ~ '> [' I' '. , . ... 'I ~. , , I ,I' ~ I I " , ' , 1 " , , , , ! , i! \. I I, ~ \ " , , ,I,' ,/,1 ':) ," 'IIJ '" , 10, .... 1 I, , , ,I.. Cj " 1,1 , Iii ";11 " " Ii " ) ", , , , , , I ", !' f \", / , , ", , , 'I , i , ,I;! , I '" I' 't! " I I' , t'; , " " "i 'I "J! I , I ! , , " , " " , I' , , " " I " , ", ., " " , 1;1 , , , , ,. , , r I I , ! I i 'If, , 1 I ". l. ., I , ' .,. " ~ I ,,' I , '" I " ", ~ '1 " , , , i , , I , J 'I', ' , I , , I' , ,. ;,';, " I, 1,1, , t, ...... ,I , , " , Q , ; " " - , , cY) " , f , ...., 0-, LEROY E. GIVLER, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I NO. 'I (. (/, t:t ( va. I ;' I (J I I lCATHRYN E. GIVLER, I CIVIL ACTION - LAW Defendant I CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respectivG counsel appear before (1,1" "'I': I -v':1. ,,( _, the Conciliator, on the jJ'-I/' day of /:)..,,,,,1 : 1996, at J: ()() e.m. in t.. r ~ S-I (""f iJ..LL-, Gulllber-land_County Courthouse., 1- Goul'thot:ll!le.-8quare, earlie-lei Pennsylvania, for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All chil- dren age five or older may at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. For the Court, Date of order:.J.u.. 'A' 19,,1. , By: AI 'j; l;l,,- ( ,iL'''-9JL) Qc.:>-, costo~y concil~ator C7 {) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 3387 (717) 240-6200 LEROY E. GIVLER, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I (l".~ji .7;1.1.... va. I NO. '71, 11t,1 I KATHRYN E. GIVLER, I CIVIL ACTION - LAW Defendant I CUSTODY COMPLAINT FOR SHARED CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURTI AND NOW comes the Plaintiff, LEROY E. GIVLER, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Plaintiff is LEROY E. GIVLER, who resides at 4800 Road, Mechanicsburg, Cumberland County, Pennsyl- Delbrook vania. 2. Defendant is KATHRYN E. GIVLER, who resides at 18774 Main Street, Dry Run, Franklin County, Pennsylvania. 3. Plaintiff and Defendant are married and are the natural parents of JOSHUA M. GIVLER, born August 3, 1995. 4. The best interests and welfare of the minor child would be served by placing shared physical and legal custody of the minor child with both parents. 5. Since April 29, 1996, Defendant has denied visita- tion by Plaintiff with the child, which certainly is not in tho best interests of the child. 6. The minor child has resided at the following addresses since birth: (a) From birth until April 29, 1996 at 4800 Delbroook Road, Meohaniosburg, Pennuylvania, with both parent.. (b) From April 29, 1996 until present at 18774 Main street, Dry Run, Pennsylvania with Mother. 7. Plaintiff does not have any information of any oustody proceeding concerning said minor child in any court in Pennsylvania or any other stat.. 8. Plaintiff hbs not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other state. 9. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to him. WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that shared physical and legal custody of the minor child, JOSHUA M. GIVLER, ,be with both parents. /' i~~! MAX J. S Attorney P.O. Box Hershey, PA 17033 (717) 533-3280 DATE: May ~, 1996 re . I verity that the statements made in this complaint 'I \' are true And correct. I understand that talse statements herein are made subject to the panalties of 18 Pa. C.S. section 4904, relating to unsworn falsification to authori- tie.. I ~e~ r.ER~E. ~IVLER " , ,. I , , " \.'.1 I I... I .. 111' (}, . \. .'1. , " tJ , , " ,I \I V, I f' ,) '. \, .,', ~.. " " , , . l!i~ca Vl j " ;:j~1 "," ...:I~l!l !~i~~l "'Vl O~ ~e'" ~... ~"'~ ... d~ t ... ... I ":::I '.. R I>llol ... ~ "'~=- R .." ~~ o ~ .... . .. R <"l~Ea .. ~ lol u ~8i' lol'" <II si"ii si'" > 8E , 10: '" r;: tl'" ... i:.i ~ ' ~ I .... ~" l.!- J 8!;;: I.'l ~ " , ! Ij; - , r;: , 1Al ~ 9. Q " II>< , lol :~ ~ I:: 1olO' :: " I ~lol~€l lol ~ ..;!l~~':: lI: ~ . In ~ ~~ oJ ~t~ .. Illi -, I ~OO::;. ~ ~~ < 3! lI:<.l lol ...:I ~ I '" LEROY E, mVLER. 1)lnllllll1' : IN TIlE COURT OF COMMON I'LEAS : CUMUEIU,ANI> COUNTY.I'ENNSYLV ANIA vs, : NO, 'In.lIOI Civil KATHRYN E. GIVLER. [)efendnnt , : CIVil, ACTION. LA W : CUSTODY ANSWER AND COUNTERCLAIM OF In:FENI>ANT. KATIIRYN E. mVLER Now. comes the Delendnnt, Knthryn E. Givler, by her nllomey, Dnvld C. SehnnbllCher, Esquire nnd the law lirm of Mnrk, Weigle nnd Perkins nnd nnswers the Plnlntill's complalntns lollows: 1. Admitted. 2, Admitted, 3, Admitted, 4, The averments of Pnragrnph 4 are legal conclusions to which no responsive pleading is required. To the extent a reponsive pleading may be detennined to be required, said nvennel'lls arc denied, By way of further IU1swer it is specifically denied thntthe best interestnnd welfare of the minor child would be served by grlU1ting to both parents shared physicnllU1d legnl custody, Mother/Detendant hIlS since the birth of the child consistently provided, IU1d continues to provide. the child with the proper supervision, care and nurturing required of n parent, nnd has been the primary caretaker of the minor child, 5, Denied, It is specifically denied that Defendant hIlS denied Plaintitl'visitation with the child. since April 29. 1996, nnd strict proofthereol: is demnnded at trial. By way of further answer mother hIlS taken rellSonable steps nnd ell'orts to accommodate and grlU1t father's requests lor visitation with the child since on or about May I, 1996, 6, Denied IlS stated, It is specifically dcnied that minor child resided with both parents until April 29, 1996, and it is further denied that minor child has solely resided with mother since April 29, 1996. and strict proof thereof is dcmanded at trial. 7, Aller rellSonable investigation, Delendnnt is without knowledge or infonnation sufticientto form a be'!ief as to the truth of these averments. and proof thereof is demanded at trial. 8, Aller reasonable Investigation, Delendnnt Is without knowledge or inlonnation sufficient to form a belief as to the truth of these averments. and proof thereof is demnnded at trial. 9, Aller reasonable investigntlon, Delendant is without knowledge or information sullicient to lorm a belief as to the truth of these nverments, and proof thereof is demanded at trial. WIIEREFOI~E, DefendlU1t requests this Court to dismiss the Plaintill's Complaint lor Custody and to grant custody oflhe minor child to mother, Kathryn E, Givler, subject to certain rights of partial physical custody and visitation in the fnther. Leroy E. Givler, MARK, WEIG\"U AND PERKINS - ATTOANEV5 AT LAW - 128 EAST I'<ING STREET - 5HIPPlN5BURG, PA 17257-'397 ,', I verily that the statements mode in this Answer and Counterclaim ore true and correcl. I understllnd that Iidse statements hercin ore mode subject to the penolties of 18 Po, C.S, Section 4904 relotinll to unsworn falsilication to authorities, , I , , MANK. ""lIOLE ANb PERKINI5 - ATTOANIYS AT LAW - 128 EAST ~.INa 51'''.IT - IJHIPPIN5BURO, PA 17aIl7.1387 LEROY E. GIVLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KATHRYN E. GIVLER, Defendent CIVIL ACTION - LAW NO, 9t'l.3101 CIVIL TERM CUSTODY /VISIT A TlON AND NOW, this . ORDER l y ~ay of _vkw- , 1996, upon receipt of the Conciliator's Report, It appearing thet the parties have agreed to the terms and provisions of this Order which was dlctatad In their presence and epproved by them and their counsel, It Is hereby ordered and directed as follows: , " 1. The parties shall share legal custody of their minor child, Joshua M. Givler, d.o.b, 3 August 1995. 2, Mother shall have primary physical custody of the minor " . child subject to periods of partial custody and visitation with Father in accordence with the fl)lIowlng schedule: A. For a period of three (31 months commencing on Friday, 16 August 1996, and ending Friday, 17 November I I 1996, Fat~er shell have the child every other weekend beginning on Friday at 6:00 p,m. until Sunday at 6:00 p.m, In addition, he shall have the child one evening during the week, the evening and times to be agreed upon by the parties, It Is specifically understood thst this evening during the week Is not to be overnight. B. Beginning 16 November 1996, the Fether shell have periods of partial custody with tha child every weekend in eccordencQ with the following schedule: I. On alternetlng weekends beginning Seturday et 6:00 p.m, until Sunday et 6:00 p.m. This altarnatlng weekend schedule to coincide with Saturday, 16 November 1996. II. On the other weakends, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. The intention of this visitation schedule Is so that Father will heve custody of the child avery weekend. C. Beginning the second weekend of February, 1997, Fether shl!lll have the child every weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m, 3. The pertles shall share time on the holidays es agreed upon between them. 4. Beginning in the summer of 1997 and all summers thereafter, the Father shall have one weele. of uninterrupted custody ALED-OrFlCE Cr: rI'I' r+:" 'I 'C:'OTlFiY ~ 9G'ftl'rll4 rllllOS '. "'Ii\' '. "1' \J."J' ,1.'1.1 ,~_ . \'... l..... ',",I. I PENr'\SYLVI~~1A ~ I. , , 'II 1 '~ , j , -I " " " , , " " " , ' LEROY E. GIVLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KATHRYN E. GIVLER, Defendant CIVIL ACTION - LAW NO. 96-3101 CIVIL TERM CUSTODY /VISIT A TION JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1916.3-Blbt, the undersigned Custody Concllietor submits the following report: 1. The pertinent Informetlon concerning the chlld(ren) who Is(ere) the subject of this litigation is es follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Joshua M. Givler 3 August 1996 Defendant 2. A Concilietion Conference wes held on B August 1996, end the following Indivlduels were present: the Plaintiff end his attorney, Mex J. Smith, Jr., Esquire; the Defendant appeared with her attorney, David C. Schanbacher, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 6. The Plaintiff's position on custody Is as follows: See atteched Order. 1 , , , , 7. Need for seperate counsel to represent child: None requested. ji , ,I \ J 6. The Defendant's position on custody Is ss follows: See attschad Order. 8. Need for independent psychological evaluation or counstlllng: Neither party raquested snd the Conciliator does not beliove any is necessary. I, :\ Date: 1 2 August 1996 INI . , . ~fJ",.'/. ( ([;,c..;.-J Michael L. Bangs ! Custody Conciliator \1 'I ~ , , " : , '. f' " ' " , " , , " 2 I " ~ ci:, ~ w', 2; I"'~ ~ .) ,,- I rC: 1..)-.), ..... ., l',.:';"?" .'() J_:1' I.... .,,':) " ',.', . . ""~ I ti'.: l' . t "1 C'J ,',,'. "1" ".-..,. G._I..' I I jt't1 t. ; " Ie. ~'. ; c..; ~\ ll, ,'". U c.: .,J . I ~ = ~ B=- u >- .... ..:It;: II ~ c: I I c: loA II lldll 0 II 'tl I~= .... ~ c: ~. .... 8. iii< .... 0 "'", .... .... III Ollll II II 00 Po . . '" E", r i I Ill'" ~~,~ . Pollll ~o gj ~~ ~ ~ ~ ~ ..:I ~~ ZO ! ~ > o~ '" . "'Ill i I =t t!l ~ . . E-Ip lIIlllll "'u . E-I ..:I.c~ lIIl ~~ lIIl lIIllll 0 Po , ~ lII"..:I~ ~ mgj .. '" =-1Il III ~.. I~ ; ~ p. ~ ::5 .... " , , " " ", . .. , " LEROY E. GIVLER, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO. 96-3101 r1VIJ.TERM KATHRYN E, KREPPS, fomterly KATHRYN E. GIVLER, Respondent : CIVIL ACTION. LAW : CUSTODY ORDER OF COURT AND NOW, upon consideration oflhe aUached Petition, it is hereby directed that the parties and their respective counsel lip pear before , the Concilialor, on the day of ,2002 al _.m. at , Pennsylvania, for a Pre-Heuring Custody Confercnce. Al such Conferencc, an effort will be made to resolve the issues in disputc; or iflhis cannot bc accomplished. to define and narrow the issucs to be hcard by lhe Court, and to enter inlo a Temporary Order. All ehildren age five or older may atlhe request of either auomcy or party, be prcscnt at the conferencc, Failure to appcar at the Conference may provide grounds for the cntry of a temporary or pcrmancnl Order, The Prothonotary shall not send notice to the Dcfcndanl in accordance with Local Rule 206-6, as servir.e shall be effecled uponthc Defendant by counsel for Plaintiff. For the Court, Date ofOrdcr: By: Cuslody Concilialor YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR I COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 170133387 (717) 240-6200 LEROY E. GIVLER, Petitioner vs. IN THE COURT OF COMMON Pl.EAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.3101 CIVIL TERM KATHRYN E. KREPPS, fonnerly KATHRYN E. GIVLER, Respondent CIVIL ACTION - LAW : CUSTODY illLTION TO MODIFY CUSTODY 01illfB TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Petitioner, LEROY E. GIVLER, by his allomey, MAX J. SMITH, JR" Esquire, and respectfully represents the following: J. Petitioner, LEROY E. GIVLER, is an adult individual who resides at R.R. 2, Box 918, Port Trevorton, Snyder County, Pennsylvania 17864. 2, Respondent, KATHRYN E. GIVLER, is an adult individual who resides at ApI. E-I, Spring Hollow Drive, Spring Grove, York County, Pennsylvania 17362. 3. The parties are divorced and are the par~nls of JOSHUA M. GIVLER, born August 3, 1995. 4. On August 14, 1996, an Order of Court was issued by the Honorable Edgar B. Bayley awarding shared legal custody of said child and awarding Mother primary physical custody, subject to Father's rights of partial custody. (See copy of Order, marked Exhibit "A", allached hereto and made part hereof.) 5, The best interests and welfare of the minor child, JOSHUA M. GIVLER, require that primary physical custody be transferred to Petitioner, subject to rellsonable partial custody privileges with Respondent. 6, Petitioner is the parent best-equipped to care lor Joshua, as Respondent's declining health makcs it impossible to capably rcnder full-time care for Joshua, who has special needs. 7. The minor child has resided at the following addresses for the past five (5) years: (a) From 1997 until September 1999 in Dry Run, north em Franklin County, Pennsylvania with Mother and matemal grandmother, Mmha Delzingaro, (b) From September 1999 until September 2001 at G3 Spring Hollow Drive, Spring Grove, York County, Pennsylvania with Mother. (c) From Septembcr 2001 until April 2002 at Menges Mills, York County, Pennsylvania with Mother and Joe Krepps, (d) From April 2002 until present at 82 W. Hoke Street, Spring Grove, York County, Pennsylvania with matemal grandmother, Martha Dclzingaro and at Apt E-I, Spring Hollow Drive, Spring Grove, York County, Pennsylvania with Mother. 8. Petitioner does not have any information of any custody proceeding conceming said minor child in any court in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number, 9. Pctitioner has not participatcd as a party, witness or otherwise in any other litigation coneeming the custody of said minor child in Pennsylvania or any other State, other than as heretofore referenced. " .. '. .' 'I" , " 'I~I ::~.':) IJr1 ',iii V"t',\ I II il'.I,i,.'1 ',I hL /')\1 .:'1 ','I ,. irl ,:,1 \-1/'/ i}./ . , " " " , ,I ,I ':r 'I I '/{J>, _' Ifl'l,,'I' :i :: fi,l': J "I,. /. . "il f I~ , (,I'. 1:1- ,., I' i ~I' ;\,1', " ~! :1 " ~;'I ' ~i .'11 ~lll '.' !i1'1,'(' 'ill,I.1 I ~ I.. L i jl~r;\A 'Vir': ,'I I f.!' .,I! ,'I,\!"/I '\i ;:,:'i' "" ,..! k!, ),_1,1 I", n;\, \' ~ I ,'" ({':"I 'i',. 'I ,:,."[ " ,> I" 'J t II {I 1,'11, , ~ ~, ,), . :1 I'" 'I." I 'I ,,\ '1', " , , " " "'\ " Exhibit A ,',' .- '-", ""'~;"",,"""',ll.~'~f,,-..J I"""'ll!-"";~I"'l' "'~ -... ~~ 1 ) ii'",: ,. , ',''''';1''''",'", 'I" II ., " ~~ ~ ',r :'''......~,.. " \ ,", ' '\' I. .~ "~ '." , , . ~ l', .... ",, ..4 . ,- "J ,) .' \ ~.\ , i I .. " ( , , " " " , r .' ,. It Is specifically understood thet this evening dUring tha week Is not to be overnight. B, Baglnnlng 16 Novembar 1996, the Father shall have parlods of partial custody with the child every weekend In accordence with the following schedule: I, On alternating we"kends beginning Saturday et 6:00 p,m, until Sunday at 6:00 p.m, this alternating weekend schedule to coincide with Saturday, 16 November 1996. II. On the other weekends, from Friday et 6:00 p,m, until Sunday at 6:00 p.m. The Intention of this visltetlon schedule Is so that Fathar will have cl,lstody of the child every weekend. C. Beginning the second weekend of February, 1997, Father shall have the child every weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 3, The parties shall share time on the holidays as agreed upon between tham. 4, Beginning In the summer of 1997 and all summers thereafter, the Father shall have one week of uninterrupted custody with the ohlld provided that he gives Mothar thirty (30) days edvenoe notice, 5, Father shall provide all transportation In order to effectuate thase periods of partial custody provided thet Mother continues to raslde at or near the same residence that she currently resides. 6, This schedule may be altared or Changed In accordence with any agreement reached between the parties. 7, In order to bagln this custody schedule, Fathar has agreed to take care of the following Items In his house: A. Fix all gates that are attached to or near any steps In the resldencaj B. Repair the air conditioning or Install air conditioning In the child's room; C, Provide adequate bedding facilities for the child; and D, Have the carpeting In the residence professionally cleaned, BY THE COURT, IY /'d~ -tJ. -13~, Max J. Smith, Jr" Esquire Attorney for Plaintiff TRUE COPY FROM RECORD In T.",,,,,,, wtInof. I... unID lilt my hIIId ....,..." "" ~ -. ...~ Ji J/,~". 'Jr, ~~~: David C. Schanbacher, Esquire Attorney for Defendant " I \ , J. , I, i' LEROY E, GIVLER, Plaintiff VI. I ) I t I ) ) I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN E. GIVLER, Defendant CIVIL ACTION - LAW NO. 96-3101 CIVIL TERM CUSTODY /VISIT A TION JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent Information concerning the chlld(ren) who Is(arel the subJect of this litigation Is as follows: NAME BIRTHDA T, CURRENTLY IN CUSTODY OF .Joshua M. Givler 3 August 1995 Defendant 2, A Conciliation Conference was held on 8 August 1996, and the following Individuals were present: the Plaintiff and his attorney. Max J. Smith, Jr., Esquire; the Defendant appeared with her attorney, David C. Schanbacher, Esquire. 3. Items resolved by egreement: See attached Order. 4. Issues yet to be resolved: See ettached Order. 5. The Plaintiff's position on custody Is as follows: See attached Ordar, 1 " " 8, The Defendant's position on custody Is as follows: Sae attllched Order, 7. Need for saparata counsel to represent child: None requasted, 8, Naed for Indapendent psychological evaluation or counseling: Nalther perty requested and the Conciliator does not balleve any Is necessary. Dete: 12 August 1996 l~lrJ!JJJ /, JJL1tf M c eel L. Bangs Custody Conciliator , " , , 2 ----- -... ~ " lY'\ ,~ " ~ (11 VI ~ ~ ;.1'1 LJ', i':: ~ ~ .. :,~ ~ ~ 11.1'. ('oJ ~) .r -..J ~, ) ,. () ~ ..... ,"'. . ~ ~ ~i,., ' ., ~' j ..;J I;": , (. I ~ ~ ~ u. ~. t.i t...' C;.. ."11.. ~.. ....., 'S ) u G 'I! " " ., .. , , , -' ~. >- ~,.: Ii l1i It; ~IP: r;:l' (\', .. "1 ..-. ',\': 1\.. IJ -, '32 .'\ ~l~ ~ z~ , , , , = '" ..l .. . oj ) of ) of I , I I - :::! u I>. .... :I ~j II ~ c; I I c: U II lIIl 0 II 'tl U .... ~ c: ... .... 8. > .... 0 '" I~* 6J .... III lIIl II II III Po . . '" , R' i I ~~ Ill'" iii< . Pollll 0 ~J ~ ~~I '" ~~ lIIl lIIl ...8121 o..l ~... ... > lOll.? 0< 8=~ ... . u i r t.? ~ . . ... lIIllll iii< U U , ... ..:IO<~ III ~~ E-I lIIl~ Q '" j ~=~~ >< mlll lIIl 0 U L!>1Il '" ...~ ~J1ii ~ ~ ,,' " .... i, r,:,; '" . , II ii.: !~~ C) :i , - '~'S , , L) ...... l,~ ~, N t.:J ,.. ( l I : , " ", " " " , , , " -- II", " ., , , ' , , , , " , . , " II ! T ' ~ J~~ II t'l . t'lt'l S rlU ' . s~ ~ . h. i II . f. !I' ~ , ;s · J' H "il~ ~fi J ~. ~ ~ i~Q . VI rt , I" " , , , . , , F I" I , , , , , ' .,' I LEROY E. GIVLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 96.3101 CIVIL ACTION LAW KATHRYN E. KREPPS, fonnerly KATHRYN E. GIVLER, Defendant IN CUSTODY ORDER OF COU~T AND NOW, this '.::j of'.L day of _~ ~ f , 2002, upon consideration of the attached Custody Conciliation Report, it Is ordered and ~irected as follows: I, The prior Order of this Court dated August 14, 1996 shall continue in effect as modified by this Order. 2. The parties agree that the Father will select a qualified physician to review the Child's diagnoses and medical care regimen and provide a second opinion conceming ongoing treatment for the Child. The parties shall cooperate in ensuring that the reviewing physician has access to all of the Child's medical records from prior or current physicians. The parties shall jointly meet with the reviewing physician to address cone ems and obtain recommendations. 3. Pending the review of the Child's existing medical diagnoses and treatment, the Father shall have custody of the Child every Satul'day from 11 :00 a.m. until 7:00 p.m. and at such other times as arranged by agreement of the parties. 4, Within 30 days of completion of the medical review, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference if necessary. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tenns of this Order shall control. BY THE COURT, ;/ / . #/~/ Edgar B. Bayley, J. cc(Max J. Smith, Jr" Esquire - Counsel for Father {l ap ~.~ /C~IJ. U,'"y. Eoqwro - C"'~If~ M,.a > L.:11.~. I~'~'O~ LE!ROY E. GIVLER, Plaintiff OCT 1 5 2004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VI, . . : NO, 98.3101 KATHRYN El, KREPPS, formarly, KATHRYN E, GIVLER, Defendant , , : CIVIL ACTION. LAW : IN CUSTODY O~DER OF CQU~T AND NOW, this -LSlL day of (,~ t. , 2004, upon consideration of the within Stipulation of the Parties, the terms of said Stipulation are hereby made an Order of Court. By the Court. SAlOIS SHUFF, FLOWER & LINDSAY ATTOlNIVlIM,TOW 26 W. HI&It 5"ft' CuU,I., PA 10 t\' -d1 n,\W~tLOQ~ 'j< wc...c.~ cLAL~~1 ') LM..J"W-C)',tst {u {",'.O,/ IJ.-M~..l It ~7 ";-0(/ <L~j\.-U (,JOI60.- I~pj,t'- (~ {so ~ ! , , ,.." .,.w i .[1,'1.1 II" I I , I. I ./, I I I , ('I ,j 1."',',.\: (/1-;''1' 200lt ocr l;j (','I 2: 51, "",,\! Id I '" .\ I ,I t ,', 'I '1, I, ., , ' " , 1-\ '.{l ! " i 'j ,\ , ~ :l.. " :1 " oi :' take the minor child to any such mcdical visit; and/or make decisions as to the medical treatment administered to the minor child, whcther of an emcrgency or nOll-emergency nature, Mother shall havc no right, rcsponsibility, nor authority over any of the aforementioned detemlinations to bc made in the bcst interests of the minor child, MOTHER shall not administcr any medications or drugs to the minor child during any period of partial custody contcmplated hcrein whatsoevcr, Including both prcscription and non-prescription medications and/or drugs. This provisions shall rcmain in eliect until further Order of Court. 2. FATHER, Leroy Givler, shall have primary physical custody of the minor child, Joshua M. Givler. 3. MOTHER, Kathryn E. Krepps, shall have partial custody of Joshua Givler as follows: (a) Every Saturday from 12:00 p.m, to 7:00 p.m. By exprcss agreement of the parties only, this weekend visitation may altemativcly occur on Sunday from 12:00 p.m. to 7:00 p.m. (b) One mid-week visit, from Monday to Friday, from afier school until 7:30 p.m, MOHlER shall provide notice of the day on which she wishes to exercise her mid- week visit no later than the Saturday preceding the week in which the visit will be exercised. MOTHER shall not exercise her mid-week visit on any holiday, except for Christmas day which will be govemed by the provision below, (c) MOTHER shall have partial custody of Joshua on Christmas Day from 12:00 p,m. until 7:30 p,m. Cd) MOTHER shall not have any ovemight periods of partial custody with the minor child until further Order of Court or Stipulation, " 4. The purties ugree to submit to u custody evuluutlonto be conducted by Amold Scheinvold, Ph.D, The evuluutlon shull commence us soon us ull medicul Info011utlon is uccumuluted und Dr. Schcinvold's schedule pennits the commcnccmcnt of thc cvuluution. Dr. Schcinvold will usscss thc custodiul rclationshlp th.ltls in the bcst intercsts of the minor child. und more specilicully, will contuin u psychologicul usscssmcnt of MOTHER pertulning to her pust conduct us it rclutes to the child's heulth und I1Icdicul cure and detennine whl'thcr such conduct constitutes Munchuu5en by Proxy Syndrome or reluted behuvior. In conjunction with the uforesuid evuluution, it is ugreed by the purties thut Dr. Scheinvold shull conduct u mcdicul records review rcluting to the minor child's pust und present heulth, including ulltesting results obtuincd Inthc child's most reccnt medicul cure. The purtics agree to cooperate in obtaining any und all mcdical records necessary to peOllit Dr. Schcinvold to conduct his evuluation, including cooperating in the conduct of any and all additional testing of the minor child reljucsted by Dr. Scheinvold. MOTHER shall pay $1,000.00 towurds the costs of this cvaluutlon and FATHER shall pay the remaining costs. 5. FATHER ngrees to rC<.juest and cooperate in thc withdrawal of the Children nnd Youth uction currently pcnding in York County, Futhcr hus rCljuested thut the pending Petition aguinst Mothcr, filed by York County Children und Youth, bc withdrawn with prejudice. Howcver, it is cxpressly ugrecd by the partics thutthc withdrawal of the York County Children und Youth Pctition docs not in any wuy hinder FATHER'S right to ruise the same issues raised in such Pctition in this or any subsc<.jucnt custody proceeding, 6, The parties agree that Cumberland County shall rctuin jurisdiction over this custody maller, 7. The parcnt without custody of the minor child shull huve the ability to enjoy reusonuble telcphone contuet with the child. , . . 8. The parties agree that neither will utlll;le his or her rights with respeetlo the minor child to harass and interfere with the other party, including the scheduling of partial custody arrangcments, The parties further agree thatlhey will not harass or malign each other in the presence of the minor child and will not make any derogatory comments about one another in the presence of the minor child, as both partics recognize that such conduct is detrimental to the best interests and welfare oflhe minor child. 9. Each party acknowledges that this Stipulation is fair and cquiluble, thul it is being entered into volunlurily, and thut it is not the result of uny duress or undur: influr:nce, This Stipulntion und its legal effect have been fully explained to MOTHER by her legal counsel, Carol Lindsay, Esquire. This Stipulation and its legal effect have been fully explained to FATHER by his legnl counsel, Jurad W. Hundelman, Esquire. 10, This Stipulution shall supercede any prior Custody Order entered in this matter and shall be modifiable by the Court ut the requcst of either party upon the completion of the custody evaluation contemplated hcrein. IN WITNESS WHEREOF, the Parties hcreto, intending to be legally bound hereby, affix their hands and scals below, the day and year first above-written. ~o c;L. ~(.~ LEROY E, GIVLER ~ , , " " , I , , " , " " I': - 1- .:i' I' ., (.~ ,.~ '. 'j..,' " II ,".,. ~.f: , '\ w.. '. , (,):,.'.'~ " In ,",'1 " I r,\,'; , ,.- iL\.1! ::.J " /'-" ,;1, .1, :,1 f-' , ,1/,: ....t. d , , . U t-_l ..... , , " ',' , , " " ,