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HomeMy WebLinkAbout00-01706 , . 1 LAURl A. BECKER, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-1706 CIVIL TERM DAVID J. BECKER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ,2001, upon consideration of the attached Petition, we hereby order and decree as follows: 1. The Plaintiff, Lauri A. Becker, is hereby authorized to take the minor children, Kaitlin Becker, born November 16, 1989 and Jordan Becker, born March 25, 1994 with her to Cancun,. Mexico between the dates of 4 January 2002 and 12 January 2002. 2. In the event that the father of the children, David J. Becker, does not sign a written document consenting to her taking the children with her on the trip, this order shall be deemed sufficient authority for her to take the children with her on the trip without further written authorization from the father. BY THE COURT, J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, P A 17043 Laurie A. Saltz giver, Esquire (Attorney for Defendant) 410 North Second Street, Harrisburg, PA 17101 . / vs. ) ) ) ) ) ) ) ) ) IN 'tHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI A BECKER, Plaintiff CIVIL ACTION - LAW NO. 00-1706 CIVIL TERM DAVID J. BECKER, Defendant IN CUSTODY ORDER AND NOW this day L2001, a conference is hereby scheduled before the undersigned, in his chambers at the Cumberland County Courthouse on Plaintiffs attached Petition. The conference is to be held at o'clock .m.on . the day of , 2001 and shall be attended by counsel for both parties. Both parties shall be available, in person or by telephone, to participate in the conference or answer questions that may arise at the conference. BY THE COURT, J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 Laurie A Saltzgiver, Esquire (Attbrneyfor Defendant) 410 North Second Street, Harrisburg, PA 17101 I , ' - LAURl A. BECKER, Plaintiff } } ) ) ) ) ) } } IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW NO. 00-1706 DAVID J. BECKER, DefendaJit ORDER AND NOW this 1'O~ day ~ CIVIL TERM ,2001, a hearing is hereby scheduled before the undersigned, in his chambers at the Cumberland County Courthouse on Plaintiff's attached Petition. The hearing is to be held at.}) : \ 'S. O'c1ock-fl .m.on~H.~A-A{,9 the 8rfi'- dayof ..QfL~-<: .. ,2001 and shall be attended by counse for both parties. ..... Distribution: / J. (C(l~Q1..SO~ L(y )~<1:,fY VYl~('-=C IJ../tp!Oj Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12'h Street, Lemoyne, P A 17043 Laurie A. Saltzgiver, Esquire (Attorney for Defendant) 410 North Second Street, Harrisburg, PA 17101 ,',I' ", ,.",- o ~ r~0 1 8 I. ;'.: I: CUk',:.::::::.i ,_r" ,,...' U'~)-,<<.iY PEr.lNSY~J/\i\J J; . , , . vs. ) ) ) ) ) ) ) ) 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI A. BECKER, Plaintiff CIVIL ACTION - LAW NO. 00-1706 CIVIL TERM DAVID J. BECKER, Defenn:mt IN CUSTODY PLAINTIFF'S PET{'l'10N FOR AUTHORIZATION TO TAKE CHILDREN ON TRIP AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for permission and authorization to take her two minor children on a trip to Cancun, Mexico, based upon the following: 1. The Petitioner herein is the Plaintiff, Lauri A. Becker. The Respondent herein is the Defendant, David J. Becker. 2. The parties are the parents of two minor children, Kaitlin Becker, born 16 November 1989 and Jordaii Becker, born 25 March 1994. The children reside in the primary physical custody of Plaintiff and are the subject of an order of this court dated 20 July 2000, a copy of which is attached hereto and marked as Exhibit A. 3. In early January of 2002, Plaintiffs cousin will be married in Cancun, Mexico at a ceremony at which Plaintiff and most of the members of her extended family will attend. Plaintiff's cousin has arranged for both of Plaintiff's children to participate in the marriage ceremony. 4. Plaintiff has made all arrangements necessary for the children to accompany her to Cancun, Mexico for this family wedding. Those arrangements include: A. She prOVided Defendant with notice of her intended trip on 29 October 2001. A copy of her letter of notification is attached hereto and marked as Exhibit B. B. She obtained permission from the two schools attended by the children for them to be out of school for four days for the purposes of their trip -r.o with Plaintiff to Cancun, Mexico. Copies of the two letters of approval for the two children are attached hereto and marked as Exhibit C. 5. Plaintiff has been advised that the airline on which she and the children are scheduled to fly to Cancun, Mexico will not allow the children to board the plane without the written permission or presence of both parents or an Order of Court authorizing them to make the trip with just one parent. 6. Defendant has refused to grant permission for the children to go with Plaintiff on the trip to the family wedding in Cancun, Mexico. 7. Defendant's refusal to consent to the children accompanying Plaintiff on this trip has been made in bad faith and without proper regard for the best interests of the children. Defendant's action in this regarq. is improper and vexatious. 8. Plaintiff has incurred legal fees and expenses, and will continue to incur such fees to obtain authorization to take the children on this trip for their benefit WHEREFORE, pl,.;ntiff prays this court to enter an order authorizing her to take the children with her on the trip to Cancun and to award to Plaintiff reasonable attorneys fees for the costs incurred in her effort to take the children on that trip. ~ Attorney for Plaintiff Supreme Court LD. #17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.s. 4904 (unsworn falsification to a'1l1)nriti..,,). Date: ld-I Co {" I LA . BECKER .' . LAURI A. BECKER, : IN THE CDURT OF CDMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BECKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY CEDER OF COJRT AND l'Di, this ,;lOl.:h day of ~J:i. consideratioo of the attached Custody Conc Ii ion Report, and directed as follows: , 2000, upon it is ordered 1. The Mother, Lauri A. Becker, and the Father, David J. Becker, shall have shared legal custody of KaitHn Becker, born November 16, 1989, and Jordan Becker, born March 25, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall have primary j;X1ysical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Monday at 8:00 a.m., beginning Friday, June 23, 2000. During weeks following the Father's weekend period of custody, the FatheJ; shall also have custody of the Children on Thursday fran 5:30 p.m. through 8:00 p.m. during the school year and through 8:30 p.m. during the summer school break. During weeks following the Mother's weekend period of custody, the Father shall have custody of the Children on Tuesday and Thursday evening from 5:30 p.m. through 8:00 p.m. during the school year and through 8:30 p.m. during the summer school break. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CBlUSl'MAS: The Christmas holiday shall. be divided into Segment A, which shall run fran Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run fran Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even nUlllbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. B. THANKSGIVING: In every year, the Mother shall have custody of the Children on Thanksgiving Day until 2:00 p.m. and the A . Father shall have custody from 2:00 p.m. until 8:30 p.m. on Thanksgiving. C. EASTER: The Easter holiday shall be divided into Segment A, which shall run from 12:00 noon on the Friday before Easter through 12:00 noon on the Saturday before Easter and Segment B, which shall run from noon on the Saturday before Easter through 12:00 noon on Easter Sunday. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd m.nnbered years, the Father shall have custody of the Children during Segment A and the Motheru shallha:ve custody during Segment B. D. FATHER'S DAY/MOTIlER'S DAY: The Father shall have custody of the Children every year on Father's Day and the Mother shall have custody of the Children every year on Mother's Day from 8:00 a.m. until 8:00 p.m. Notwithstanding the foregoing, in 2000, the Father shall have custody of the Children for Father's Day from Saturday, June 17 when the Mother returns from vacation with the Children through Sunday, June 18 at 8:00 p.m. E. The parties shall have custody of the . Children on the remaining holidays as arranged by agreement. F. The holiday custody schedule shall s_upersede and take precedence over the regular custody schedule. G. In the event the Father's period of hoHday CUstody falls inrnediately before or after his regular period of custody, the Father's holiday/regular period of custody shall run continuously. 5. Each party shall be entitled to have custody of the Children for 2 non-consecutive weeks for vacation, which shall be scheduled during the surrmer school break Imless otherwise agreed between the parties. The parties shall schedule extended periods of custody under this provision to fall immediately before or after that party's regular weekend period of custody. Each party shall provide the other party with at least 30 days advance notice of his or her selection of dates under this provision. The party providing notice first shall be entitled to preference in his or her selection of vacation dates. 6. The party receiving custody of the Children shall be responsible to provide transportation for the exchange of custody unless otherwise agreed between the parties. 7. telephone parent or The non-custodial parent. shall be entitled to have reasonable contact with the Children which may be initiated either by the the Children. 8. The partiesu shall cooperate and work together in making any necessary adjustments to the custody schedule and in addressing issues conce=ing the Children. 9. 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 IlRltual consent. In the absence of IlRltual consent, the terms of this Order shall control. BY THE <XlURT, /5/ cc: samuel L. Andes, Esquire - Counsel for Mother Laurie A. Saltzgiver, Esquire - Counsel for Father T""e:: I'''M'r fOr">' I h'-C. ORD .l.....".. . ~ ", ~ h _' ;\;1 I~,t: In Te"timu^,Y '" ,.: ,d, : k:FC unto set my hand *Ild j "~""!;f 'ld C 'urt at Carlisle, Pa. W H...J'il.~Y of...::JuJ.~... ,~ . wJ... . f'l1Jjho~ikffff" . -.' LAURI A. BECKER, : IN TBE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BECKER, : CIVIL AcrION -LAW Defendant : IN CUSTODY OJSTCOY CCN::ILIATICN SUMMARY REI?CRL' IN ACCCIIDI\NCE WITH COMBERLAND CXXlNTY RULE OF CIVJ:L PROCEDURE 19l5.3-8, the nndersigned CUstody Conciliator submits the following report: 1. 'lhe pertinent information. conce-rning the Children who are the subjects of this litigation is as follows: NAME DI\TE OF BIRTH CURRENl'Ly IN OJSTCOY OF Kai tlin Becker Jordan Becker November 16, 1989 March 25, 1994 Motner Mother 2. A Conciliation Conference was held on Jnne 8, 2000; with the following individuals in attendance: 'lhe Mother, Lauri A. Becker, with her counsel, Samuel L. Andes, Esquire, and the Father, David J. Becker, with his counsel, Lauri A. Saltzgiver, Esquire. 3. 'lhe parties agreed to entry of an order in the form as attached. Date J//71/J Q ~(J 1/ {J-s~ CUstody Conciliator . . October 29, 2001 Ms. Saltzgiver: This is to inform you to inform your client, David Becker, of my impending vacation schedule for 2002. I will be taking the children to a cousin's wedding in Cancun, Mexico from January 4th tbru January 12th, 2002. The children are in the wedding. I will also be taking them on their normal beach vacation in the Outer Banks on June 7th thru June 15th 2002. Please inform your client of these dates. ., Sincerely// , ,7 -J-l/? CPfV ~ ~ r3 - -~'LJ ALLen 1Vllaale :::,cnOOl . . . November 19,2001 Ms. Lauri Becker 4002 Gettysburg Road Camp Hill, P A 17011 Re: Educational Field Trip Request for Kaitlin Becker - Grade 6 Dear Ms. Becker: I have received and approved your request for an educational field trip for Kaitlin for January 7 through 11, 2002. For these dates to be considered as excused absences the following requirements must be met within five (5) days of Kaitlin's return to school: a. A written report must be presented to the office on January 22, 2002 by 2:45 p.m. which explains how the trip provides an educational experience. b. She must complete any work that she misses during her absence. According to the West Shore School District's educational field trip policy, a student is only permitted a total of five (5) days of absence for an educational field trip during a school year. In closing, I would like to wish you and your family an enjoyable trip. Since JAG/ des Cc: Student File Teachers MAITHEW J. SZEJK I.M-E. 4225 Gettysburg Road Camp Hill. Pennsylvania 17011-6630 Phone (717) 761-1500 www.wssdk12.pa.us An equal apport\.Jnity employer LARRY A. SAYRE Superintendent JOSEPH A. GARGIULO Principal JEAN M. DYSZEL Assistant Superintendent c... " "qLJ Lower Allen Elementary School November 21, 2001 Ms. Lauri Becker 4002 Gettysburg Road Camp Hill, Pa. 17011 Dear Ms. Becker: Please be advised that the educational field trip request for your child, Jordan, has been approved for January 7 - 11, 2002. (a) Within five days of your child's retum to school, a report from Jordan, must be presented to me. The report must explain and show what he learned on this trip. (b) All work missed during the period of absence must be completed within five days of the student's return to schooL According to the West Shore School District's educational field trip policy, a student is only permitted a total of five days of absence for an educational trip during a school year. I hope your child will have a rewarding experience. I look forward to receiving a report from Jordan. The report is due by January 17, 2002. Sincerely, l._ch"tMw"'- ,;/:~/;':' J1tC./ Mrs. Joanna L. McIntyre Principal JOANNA L. McINTYRE Principal 4100 Gettysburg Road Camp Hill, Pennsylvania 17011-6709 Phone (717) 761-8415 www.wssd.k12.pa.us An equal opportunity employer LARRY A. SAYRE Superintendellt JEAN M. DYSZEL Assistallt Superintendent 12/21/213131 13:47 2352817 PAGE 82 . . . . VB... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1706 LAURI A. BECKER . Plaintiff . . DAVID .41 .. BECKER . Dafendant ~ CIVIL ACTION , LAW , IN CUSTODY ORDER AND NOW, this day of , 20_,. uIJcm consideratiqn of Def~nn~nt'B Motion for Continuance, the . . conferencescneduledfor Thursday, Dece~er~27, 2001 at.2:1: p.m. is hereby continued to .o'Glock.. , 20 at BY THE COURT: , . J. i j . , , r I IIEYEtt5t Dc5f"U~ SALJ.LtifVCH !tI. HUYLIi -4.10 NORrH SSCONO snU::ET Ii P.O.130X 1062 .. HARRISBURG. FA 17~e.e . . ('11" (!\3G (J,c:l'$- ". F~ ('T17):!$6 ::!S17 . 12/21/2001 13:47 2362817 PAGE 03 . . LAtmI A.. I;IECKEF. plaintiff ys.. IN THE COORT OF COMMONP~~ CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1706 CIVIL ACTION - LAW IX; t,;Uo'~'VI.n: DAVID.J~ BECKER. Defendant HpTION FOR CONTlmJANClj: AND NOW comes the Defendant, David J. Becker, .by and through his attorneys. Meyers, Desfor, Saltzgiver & Boyle, and files this Motion for continuance, and in support.thereof aVers as follows:. L Movant is .bav),.d. J, Becker, Defendant in the above-captioned action (hereimi.fter referred to as "Father"). 2. Res];>orident..1s :Lauri ./I.. Becker, Plaintiff in. theiiliove':' 9apt.ionedac:ction (hereinafter referred to as "Mot,her").. 3 _ . . Mother filed a. Petition for Authorization to Take Children On Trip on December 13, 2001. This Honorable Court issued an Drder on December 18, 2001 scheduling a. conference regarding saiq petition for December 27. 2001. Exhibit "A"l. (See 4 .Fat:h~r'!'l <"<'1ll.Ti"'..', T"",rie A. Saltzeriv..r. Esquir\> is: ou.t. .or . . . town for.t?e holidays during the week ofth... conference ~d will beuriable. to attend. Me. S~ltzgivcr'o partner, .C",thcrinc..1\.i B';'ylc, Esquire, is "-1150 out of .town. for the h01:Lday". du",",ing. that week and wi;Ll 1>.. ulldJJ1.. Lt.> rill in ~or Laurie A. salt~g~V~Lr E~qulre_ S.. Jr..l.h",,r;' L...qlolests. that the conference scheduled foi; DeCember. MEYERS, DEaFeR, SALTZG1VEIl .. BOYlE . . .,'oNOfrmSEGONDETREET . P.O.BOX1062 . HARRISBURG,PA171OS . . (717) 2~'942B . FAX (717) 2SQ-2.'7 12/2112001 13:47 2362817 PAGE 04 . 27, 200~ beC9ntinued to a date and time wh~n ~ath~r'a ,oounSEll - is available. WImnBl?OrlE" Defendant, bavid J. Deoker re"pect.fully requei!its I:.bis. Hono:rable COUl'..'~ ~p:~i1.t_ hi:s Motion fOL CU.L.Ll..l.LJ.udl.lt.:~ cLLlU.. rescheduie't.he ~Onference present.ly scheduled-for December 27, 2UU.L. Respecttuily submitted, \~ Laurie A. MEYF.RS. DI':SF'01<, & BOYLE . Attorney I.D. #6~3B2 410 North Second Streee 1;'.0. Box J.062 Harrisburg, PA 17108 (717) 236 !)428 Attorney for Defendant " " I I MEYERS. DESFOR. SA1.TXG:1VQII .It. BOYLE 410 NOR11i SECONO 'STREeT . P.O, eox 1002 . HARRISBURG, PA "1<'. lI'nl!:.1t>-l.M~B . J-AX{7'7)236-~'1 12/21/2001 13:47 2362817 PAGE 05 - .----. ..-- LAURI A. BECKER, . Plaintiff IN THE COURT OF COMM:ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) ) ) ) .) ) ) ) ) VB.. . CIVIL ACTION- LAW NO. 00"1706 CIVIL TERM DAVIDJ. BECKER. D'ilfandanJ; IN CUSTODY ORnE!\, AND NOW this l~ day i};("f" ~J,~ ,2001, a conferenpe is hereby sched.ule.d befare the. undersigned, in his chambers at the Cumberland Caunty . I I Gaurthouse on Plaintiff's attiched Pe~tion. The conference is to. be heldat.,,2. . /... ( o'clock i :fJ- .m, on ....7t;.,jJfi,~~t the ..Yl'f-t day of ~,-~......,b~A' -..... ., 2001 and shall be .! attended by caurtsel tor botli parties. Bath parties shall be avanabl~, ill fJtW;U.' 01 by I r telepb.ane"W p.artlClpate.!n:tbbl cour",.",u"", or allswer questions that may arise at the I , I confer~nce*. I . BY THE COURT; N~2 i1v~ .I)istributian: Samuel L. Andes, Esquire (Attorney far PlaiIltiff) 525 North 12'" Street, Lemoyne, P A l'/U4a . .' . Laurie A.. SaltZgiver, ESqillre . '(Attarney {QJ; Defendant) 410 Nbr1;hSecond Street, IIan:lsburg. rA 17101 '.,. " L:;.uE OOPY FROM RECORD ~;J:nwf WhoJroot, , here unto set my ha~~ r'''; 1 ~ Mid . rt 111 Car1lsl.o. i. ,. ay .. 0 . EXHIBIT. . f I~A" I I i I , i I I I I ! 12/21/2001 13:47 ''''. ;~ ,. 2362817 PAGE 06 . LAURI A. .BECKER pl",i-nt:if'f IN TH~ COURT OF COMMON PLEAS CUMBERLAND CODNTY., PENNSYLVANIA v... NO. 00-170" DAVID J. EEC1CE:R. Defendant CiVIL ACTION - LaW IN COSTODY cERTIFlCA~ ~SERVlCE . . ..~ ."A . I hereby oer1:ifY on this J-\~day Of~~\.2001, that a qopyofthe foregoing Motion for Continuance was sent. via facsimiJ.e. to:. . The Honorable Edgar B. Bayley CUMBERLAND COUNTY COURTHOUSE . One. Courthouse Square Carlisle, PA 17013 Samuel Andes, Esquire 525 North Twelfth StrQQt P.O. Box 168 Lcmoyn~. PA 1?0~3 , I MEYER$, DESFOA. ......lZGII/ER i. aOYLE ..nO"NOR1H SecoND STREET ". P.O.ro,X101S2 . HAHf1ISBURG.PA ~7J08 .171'7"'. _.tU~ . t:'AY I"1t7\ 1>'lR.~A'l" LAW OF"FICES MEYERS, DESFOR, SALTZGIVER & BOYLE ....10 NORTH SECOND STREET P.o. BOX 1062: l. EMANUEL MEYERS (1915-1970) BRUCE 0_ DESFOR LAURIE A, SALTZGIVER CATHERINE A. BOYLE. HARRISBURG, PA. 17108 (717) 236-9428 FAX(717) 2:36-2:817 WEBSITE www.meyersdesfor.com EMAIL IsaltzgiverOmeyersdesfor.com cboyIeCmeyersdesfor,com December 19, 200l VIA FAX ~ U.S. MAIL The Honorable Edgar B. Bayley CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA l70l3 RE: Becker v. Becker OO-l706 Dear Judge Bayley: I have received a Petition for Authorization to Take Children on Trip filed by Sam Andes on behalf of Lauri Becker. This petition was apparently filed with the Court on December l3, 200l, however, I have only received a copy today. Accordingly, I would request that Your Honor postpone any decision on the petition without an opportunity to review my client's response. I intend to file a response to the petition on my client's behalf by the end of the week. Thank you for your attention and cooperation in this matter. ~erel~' , Laur~al z v LAs/clk cc: David Becker Samuel Andes, Esquire LAURI A. BECKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant CIVIL ACTION - LAW NO. a:J- /70t!, ti;../ IN CUSTODY vs. DAVID J. BECKER, ORDER OF CQUBT AND NOW, 3/;;)'1 2000. upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ~v...\"S.~ Esquire, the conciliator, at.:39 W V\o\r) -S\"1 ~llcm\(sb.G; , Pennsylvania. on ~ )~'S. the \C-, day of. N~ .2000, at \ o'clock ~.m., 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. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By <~'(o~.n\\ ~,.~\\~~~> Custody Conciliator C~) 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LAURI A. BECKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Defendant CIVIL ACTION - LAW NO. (TtJ- /76(, IN CUSTODY CIVIL TERM DAVID J. BECKER, COMPLAINT IN CUSTODY AND NOW comes LAURI A. BECKER, by her attorney, Samuel L. Andes, and makes the following Complaint for custody based upon the following: 1. The Plaintiff is LAURl A. BECKER, who resides at 4002 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is DAVID J. BECKER, who resides at 3500 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the parents of two minor children, Kaitlin Becker, born 16 November 1989, and Jordan Becker, born 25 March 1994. 4. The Plaintiff and Defendant are husband and wife. 5. Plaintiff seeks custody of the minor children, Kaitlin Becker and Jordan Becker. 6. The children were not born out of wedlock and are presently in the custody of the Plaintiff. 7. During the past five years, the minor children have resided with the following persons at the following addresses: 1995 to September 1998 3500 Lisburn Road Mechanicsburg, PA Plaintiff and Defendant September, 1998 to September, 1999 1453 Hillcrest Court Camp Hill, PA Plaintiff 1 .. September, 1999 to 1 8 February 2000 3500 Lisbum Road Mechanicsburg, PA Plaintiff (Defendant was present in the house but Plaintiff provided the custodial care of the children and Plaintiff and Defendant were physically separated.) 18 February 2000 to the present 4002 Gettysburg Road Camp Hill, PA Plaintiff 8. The father of the children is thePefendant who resides at the address set out above. He is married to the Plaintiff. 9. The mother of the children is the Plaintiff who resides at the address set out above. She is married to the Defendant. 10. The Plaintiff is the natural mother of the children. Plaintiff currently resides with the children. 11. The Defendant is the natural father of the children. Defendant currently resides alone. 12. There was a divorce action between the parties to file No. 98-3499 Civil Term before the Court of Common Pleas of Cumberland County in which a temporary custody order was entered in December of 1998. The divorce action, however, was terminated in 1999 and such termination also terminated the prior custody order. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights with the said children. 2 13. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. She has been the primary care provider and the custodial parent of both children since their birth; B. The Defendant is not close to the children and is not in a position to provide properly for their emotional and other needs; C. Plaintiff, because of her personality, disposition, and work schedule, is best able to meet the needs of the children and provide a safe, secure, and appropriate home for them. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, LAURI A. BECKER requests this Court to grant her custody of the children, Kaitlin Becker and Jordan Becker. BYS?'~ Sa el e. Ande Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 3 ~ .j COMMONWEALTH OF PENNSYLVANIA ) ( 55.: ) COUNTY OF CUMBERLAND LAURl A. BECKER, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint for Custody are true and correct to the best of her knowledge, information, and belief. .".- '\ (~h LAURI A. BECKER Sworn to and subscribed before me thisC:O-hday of tltlAcn ,2000. tJ!2~~~V{lt9-uU~ ~SEIll MInI. oosew. '*"*YPlltiIlc ~Ilml.O.t'lL!".1~.PA uro.:~.:: .:::"~~\,~ " :.::':~~<~:~l 4 LAURI A. BECKER Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY ANSWER TO COMPLAINT IN CUSTODY AND COUNTERCLAIM 1. No answer required. 2. Admitted. 3. Admitted. 4. Admitted. 5. No answer required. 6. Admitted. 7. Denied. This averment is denied insofar as Plaintiff alleges that Defendant did not care for the children from September 1999 until February 18, 2000. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. By way of further answer, the documents speak fo themselves. 13. Denied. The best interest and permanent welfare of the children will be served by granting the parties shared lega and physical custody of the children because it is in the children's best interests that they develop lasting, nurturing relationships with both parties. Furthermore, MEYERS, DESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 Plaintiff has attempted to interfere with Defendant's relationship with the children and to alienate the children from the Defendant. Defendant believes that awarding the parties shared physical custody will minimize the effects 0 Plaintiff's efforts to alienate the children from him. 14. No answer required. WHEREFORE, Defendant requests the Court grant the parties shared legal and physical custody of the children Kaitlin Becker and Jordan Becker. COUNTERCLAIM 15. Numbers one through fourteen are incorporated herein by reference, as if set forth in full. 16. The parties to this action have separated on two separate occasions. During both periods of the parties separation, Plaintiff has interfered with Defendant's relationship with the children, and has attempted to alienate the children from Defendant. 17. Defendant requests that the Court award the parties shared physical and legal custody so that he may minimize the effects of Plaintiff's alienation on his relationship with the children, and so that Defendant can develop lasting and loving relationships with the children. 18. Defendant requests that the parties be awarded shared legal and physical custody of the children. WHEREFORE, Defendant, David A. Becker, respectfully request the Court grant shared legal and physical custody of the MEYERS, DESFOR, $ALTZGIVER & BOYLE 410 NORTH SECOND STREET . P,O. BOX 1062 . HARRISBURG, PA 17108 (717) 236.9428 . FAX (717) 236-2817 children, Kaitlin Becker and Jordan Becker to both parties. Respectfully s ~ 1 gi R,\SALTZGI & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1082 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY I hereby CERTIFICATE ,fIJ, SERVICE certify on this ~ day of June, 2000, that a copy of the foregoing Answer to Complaint in Custody and Counterclaim was hand-delivered to: Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemay,\; " "';< Ii MEYERS, DESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236.9428 . FAX {717) 236.2817 ~ LAURI A. BECKER, : IN THE COURT OF OOMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BECKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY CRDER C8!" CCURT AND I'D'I, this 2-0 tt, day of I I{ h ' consideratioo of the ",t-t-"C'hed Custody Conc1l1ation Report, and directed as follows: , 2000, upon it is ordered 1. The Mother, Lauri A. Becker, and the Father, David J. Becker, shall have shared legal custody of Kaitlin Becker, born November 16, 1989, and Jordan Becker, born March 25, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the. Children's general well-being includin;;, but not limited to, all decisions regarding their health, education and religion. . 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Monday at 8:00 a.m., beginning Friday, June 23, 2000. During weeks following the Father's weekend period of custody, the Father shall also have custody of the Children on Thursday fran 5:30 p.m. through 8:00 p.m. durin;; the school year and through 8:30 p.m. during the summer school break. During weeks followin;; the Mother's weekend period of custody, the. Father shall have custody of the Children on Tuesday and Thursday evening from 5:30 p.m. through 8:00 p.m. durin;; the school year and through 8:30 p.m. during the S\.1lXllle!." school break. 4. The parties shall share or: alternate having custody of the Children on holidays as follows: A. CHRISTMllS: The Christmas holiday shall be divided into Segment A, which shall run fran Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. B. TBl\NKSGIVlNG: In every year, the Mother shall have custody of the Children On ThanksgIvIng Day until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 8:30 p.m. on 'Ihanksgiving. C. EASTER: The Easter holiday shall be divideCl into Segment A, which shall run from 12:00 noon on the Friday before Easter through 12:00 noon on the Saturday before Easter and Segment B, which shall run from noon on the Saturday before Easter through 12:00 noon on Easter sunday. In even numbered years, the Mother shall have custody of the Children during Segment A and the Fathe.. shall have custody during Segment B. In odd numbe..eCl yea..s, the Fathe.. shall have custody of the Child..en during Segment A and the Mother shall have custody during Segment B. D. FATBER'S DAY/MOl'IlER'S DAY: The Fathe.. shall have custody of the Children every year on Father's Day and the Mother shall have custody of the Children every year on Mother's Day from 8:00 a.m. until 8:00 p.m. Notwithstanding the foregoing, in 2000, the Father shall have custody of the Child..en fo.. Father's Day fran saturday, June 17 when the Mother returns from vacation with the Children through sunday, June 18 at 8:00 p.m. E. The parties shall have custody of the Children on the remaining holidays as arrangeCl by agreement. F. The holiday custody scheClule shall superseCle and take precedence over the regular custody scheClule. G. In the event the Father's period oX holiday custody falls immeCliately before or after his regular period of custody, the Father's holiday/regular period ofcuatody shall run continuously. 5. Each party shall be entitleCl to have custody of the Children for 2 non-consecutive weeks for vacation, which shall be scheCluleCl during the surrrner school break unless otherwise agreed between the parties. The parties shall schedule extendeCl periods of custody under this provision to fall immeCliately before. or after that party's regular weekend period of custody. Each party shall provide the other party with at least 30 days advance notice oX his or her selection of dates under this provision. The party providing notice first shall be entitleCl to preference in his or her selection of vacation dates. 6. The party receiving custody oX the Children shall be responsible to provide transportation for the exchange of custody unless otherwise agreeCl between the parties. 7. telephone parent or The non-custodial parent shall be entitleCl to have reasonable contact with the Children which may be initiateCl either by the the Children. 8. The parties shall cooperate and work together in making any necessary adjustments to the custody scheClule and in addressing issues concerning the Children. 9. 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 terms of this order shall control. BY THE CXJURT, J. =: Samuel L. Andes, Esquire - Counsel for Mother Laurie A. Saltzgiver, Esquire - Counsel for Father ~~ ~ -;);). -00 ~t<~ . . LAURI A. BECKER, : IN THE COURT OF CXJMMrn PLEAS OF Plaintiff : . CUM5ERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BECKER, : CIVIL ACrrClil - LAW Defendant : IN CUSTODY CllS'.l'CIJY CCtiCILIATIClil SU!lMARY REPCRI.' IN ACO:lIDl\NCE WITH <nmERLAND CClJIlITY RIlLE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH alIlRENTLY IN CllS'.l'CIJY OF Kaitlin Becker Jordan Becker November 16, 1989 March 25, 1994 Mother Mother 2. A Conciliation Conference was held on June 8, 2000, with the following individuals in attendance: 1he Mother, Laud A. Becker, with her counsel, Samuel L. Andes, Esquire, and the Father, David J. Becker, with his counsel, Lauri A. saltzgiver, Esquire. 3. 1he parties agreed to entry of an Order in the form as attached. Date J/A10 o r) e!n{) {l~ Custody Conciliator (\ 'I OC - 1,,/01.,. Gu',ll-W'-l o(\~,. i \, VERIFICATION I, David J. Becker , verify that the statements made in this Defendant's AmAnded Answer to Complaint I I, I of my knowledge, information and belief. I I II in Divorce and New Matter are true and correct to the bes I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to I il !I 'I I, II il I I. " !I II I authorities. Dated: ----8.L3 I 0 0 ~-M ~:#.-- ) Plaintiff (X) Defendant MEYERS, DESFOR, SALTZGIVER &: BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236.9428 . FAX (717) 236.2817 @ 0 0 0 ..,., :;:: :x- ::;:j ~G c= i';:;; :!J rii = "r- T, -r1rn ti5S -'-;0 0 Q6 '<~. :::~;-i ~O Cl ~:s:n ~8 :r zO ~ Om ~ <::) ~ -< LAURI A. BECKER PLAINTIFF V. DAVID J. BECKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYL VANIA 00-1706 CIVIL ACTION LAW IN CUSTODY ORDER OF COlTRT AND NOW, this 23rd day of August ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawu S. Suuday, Esq. , the conciliator, at 39 West MaiuStreet, Mechauicsburg.,PA 17055 on the 26th day of September ,2000, at 3:00 p.m. 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 children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl \ Dflwn S. Sunda;y. ES~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A ITORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FLF} OFFiCE cr . . ::", :~::r;TNW 08 ~.UG 28 PH 3: 08 Cu;/t.:~~:)~~>',..J GOUN1Y PE~~~~3YLV.~,~\iJ\ -1~1P tJ-~ ~-~-?$405~~ IdtfJJlJ c.;t~ ~ z 4: ~ 1;#RIYtJ '~,M~ -tP 4~ I I ~------- ~.~ LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, , upon consideration of the attached complaint, it is hereby directed that the partie and their respective counsel appear before on th day of 2000, at ___.m, 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 eempurary order. All children age five or older may also be present at the conference Failure to appear at the conference may provide grounds for entr of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonabl accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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 TH OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUmberland County Courthouse One Courthouse Square, 4th Floor Carlisle, pennsylvania 17013 (717) 240-6200 MEYERS, OESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET .. P.O. BOX 1062 .. HARRISBURG. PA 17108 (717) 236-9428 .. FAX (717) 236-2817 II LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant : CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT AND FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Defendant, David J. Becker, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Petition for Contempt and for Modification of Custody Order and in support thereof avers as follows. 1. Petitioner is David J. Becker, Defendant in the above- captioned action. (hereinafter "Father"). 2. Respondent is Lauri A. Becker, Plaintiff in the above- captioned action. (hereinafter "Mothern). 3. The parties are the parents of two minor children namely Kaitlin Becker, date of birth 11/16/89 and Jordan Becker, date of birth 3/25/94. 4. The parties attended a conciliation conference before Dawn Sunday, Esquire on June 8, 2000 and reached an agreement which became an Order of Court dated June 20, 2000. (See Exhibit "An). 5. Pursuant to the Order of June 20, 2000, paragraph 3, Father is provided alternating weekends of partial physical custod with the children, as well as one or two evenings during th week. The weekend of July 21, 2000 was Father's alternatin weekend of custody. MEYERS, DES FOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 - 6. On July 22nd, Father had an open house and block party to celebrate the Grand Opening of his new business Camp Hill Auto & Truck, located at 3303 Hartzdale Drive, Camp Hill, pennsylvania. On that Saturday, July 22nd, Mother appeared at the business next door to Father's business "Kathies Christmas and Collectibles" and coaxed the children to her, and then refused to return the children to Father. When Father approached Mother and requested she return the children, she screamed rude things at him causing the children to cry and become upset. Because Mother refused t return the children, Father was forced to call the police. The police spoke to all involved and advised Mother to return the children to Father, which she eventually did. 7. Father believes and therefore avers that Mother is in contempt of the Order of June 20, 2000 by interfering with his weekend of partial physical custody on July 22, 2000. 8. Pursuant to paragraph 7 of the Order of June 20, 2000, the parties are afforded reasonable telephone contact with the children. Mother has continuously refused to permit Father's telephone contact with the children. Father calle Mother's residence on Monday, July 24, 2000 and asked to speak with their son, Jordan. Jordan had severe poison ivy and Father wanted to speak to him to ask how he was doing. Mother refused to let Father speak to Jordan. Additionally, Father telephones Mother's residence daily and leaves a 3 MEYERS, DESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236.2817 message for the children to call him. andMother does not permit the children to return their Father's telephone calls. 9. Pursuant to the Order of June 20, 2000, the parties have shared legal custody of the children. Additionally, paragraph 8 of the Order, requires the parties to cooperate and work together in making any adjustments to the custody schedule as well as in addressing any issues involving the children. Mother has clearly and continuously violated these provisions of the Order, as well as the spirit and intent of the Order, by consistently interfering with Father's relationship with the children, as follows: a. Mother has advised the children that their Father is a "mean, rotten, evil. person and is out to destroy the three of them" (meaning the two children and mother) . b. Mother has advised the children that: they do not have to take a shower at Father's house, and that they do not have to obey Father. Furthermore, specifically on July 23, 2000, Father Overheard a conversation wherein Mother advised their daughter, Kaitlin, that she does not have to take a shower, and if her Father tries to make her take a shower or if he touches her, then she (Mother) would call the police and get her dad arrested. c. On Friday, August 4, 2000, Mother spoke to Kate on the 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND S1REET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9428 . FAX (717) 236-2817 telephone and spoke negatively about Father. Mother convinced xate that she hates her Father and doesn't want to be at his house. Kate was extremely upset and crying when she got off the telephone with her Mother. Father got Kate calmed down and Father and both children had an enjoyable weekend. d. Additionally, during various exchanges of the children, Mother has sworn at Father and made rude and insulting comments to him. Also, Mother frequently makes obscen gestures toward Father inclUding giving him "the finger" in front of the children. Specifically, Mothe gave Father "the finger" in front of the children at a soccer game on July 18, 2000. Mother also frequently gives Father "the finger" when she picks the children up from his home, and specifically on Monday, August 7 2000. e. On numerous occasions, Mother has made a scene during the exchanges of custody and in front of the children. Specifically, on Monday morning, July 24, 2000, Mother went to Father's residence to pick up the children fro the weekend and during the exchange, Mother hit Father with Jordan's suitcase. f. Father believes and avers that Mother is taking the children to a psychologist without his consent and agreement. 5 MEYERS, DESFOR, SALiZGIVER & BOYLE 410 NORTI-i SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . f:"AX (717) 236-2817 g. Mother refuses to consult with Father regarding the children's activities. Mother unilaterally enrolled Jordan in a soccer league without consulting with Father. Furthermore, Father believes that Jordan wanted to play football and Mother refused to sign him up for football. Also, Mother failed to consult with Father in enrolling Kate in a soccer league. 10. Father believes and avers that the above referenced actions by Mother are a conscious effort on her part to interfere with Father's relationship with the children and to alienat the children from him. 11. Pursuant to the Order of June 20, 2000, paragraph 5, each party is entitled to have the children for two non- consecutive weeks of vacation time during the school summer break. Because the conciliation conference was not held until June 8th, the parties agreed that they would attempt to provide each other with as much notice as possible in requesting vacation time with the clilTaren. 12. Mother has previously requested a week of vacation time wit the children and Father agreed to same despite Mother's failure to comply with the thirty (30) day notice requirement. 13. Father advised Mother of the two weeks of vacation which he wanted with the children, by way of letter dated July 21, 2000. (See Exhibit "B"). 6 MEYERS. DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STFtEET . P.O. BOX 1062 . HARRISBURG, PA 17108 {717} 236-9428 . FAX. (717) 236-2817 14. Father was advised by Mother's counsel's office that Mother's counsel was out of town when the correspondence of July 21st was received, but that the correspondence had bee forwarded to Mother. However, Mother did not provide any information on the children's availability, nor did she provide any justification as to why they would be unavailable at that time. Accordingly, Father's counsel faxed a letter dated July 26, 2000 advising the date and time that Father would be picking up the children for his first week of vacation. (See Exhibit "C"). 15. Father appeared at Mother's residence at the specified time and Mother was not home and did not have the children available for the period of vacation time. 16. In light of all of the above, and Mother's efforts to interfere with Father's custody and relationship with the children, Father requests this Honorable Court award him additional periods of partial physical custody of the children, so he can repair his relationship with them. 17. Mother has attempted to alienate the children from Father and Father should be afforded additional periods of custody with the children so they can repair their relationship. 18. Mother has continuously and repeatedly violated both the letter and the intent of the custody Order of June 20, 2000 by her actions and efforts to thwart Father's attempts to have a relationship with the children. As a result, Father 7 MEYERS, DESFOR, SAl TZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 should be afforded additional time with the children so tha he may repair his relationship with them. Furthermore, Mother should be ordered to pay Father's counsel fees, cost and expenses incurred in bringing the within Petition. WHEREFORE, Petitioner, David J. Becker, respectfully requests this Honorable Court find Mother in contempt of the custody order of June 20, 2000, award Father additional periods of custody of the children and order Mother to pay Petitioner/Father's counsel fees, costs and expenses incurred in bringing the within Petition. Respectfully submitted, Laur~ A. a z i r, MEYERS, DES FOR , SALTZ & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Petitioner MEYERS, DESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET . F'.O. BOX 1062 . HARRISBURG, PA 1710B (717) 236-9428 . FAX (717) 236-2817 LAORI A. BECKER, : IN THE COURT OF COMMON' PLEAS OF Plaintiff : CUMBERLAND caJNTY, PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BECKER, : CIVIL AcrION' - LAW Defendant : IN CUSTODY CEDER OF CXXlRT AND fOg, this ~ot'n day of ~ ~\ I. ~n e.. consideraticn of the attached Custody Conc~l:Lat:Lon Report, and directed as follolo1S: , 2000, upon it is ordered 1. The Mother, Lauri A. Becker, and the Father, David J. Becker, shall have shared legal custody of lCaitlin Becker, born November 16, 1989, and Jordan Becker, born March 25, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being inCluding, but not limited to, all decisions regarding their health, education end religion. 2. The Mather shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Monday at 8:00 a.m., beginning Friday, June 23, 2000. During weeks fallowing the Father's weekend period of custody, the Father shall also have custody of the Children an Thursday fran 5:30 p.m. through 8:00 p.m. during the school year end through 8:30 p.m. during the summer school break. During weeks fallowing the Mother' s weekend period of custody, the Father shall have custody of the Children an Tuesday and Thursday evening fram 5:30 p.m. through 8:00 p.m. during the school year end through 8:30 p.m. during the SUllUUE!r school break. 4. The parties shall share or alternate having custody of the Children an holidays as follows: A. CIlRIm1'!AS: The Christmas holiday shall be divided into Segment A, which shall = fram Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run frcm Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mather shall have custody of the Children during Segment A and the Father shall have custody during Segment B. B. TBl\NKSGIVING: In every year, the Mather shall have custody of the Children on Thanksgiving Day until 2:00 p.m. and the 'I ~BIT 1 Father shall have custody from 2:00 p.m. nntil 8:30 p.m. on Thanksgiving. c. EAS:rER: The Easter holiday shall be divided into Segment A, which shall run from 12:00 noon on the Friday before Easter through 12:00 noon on the Saturday before Easter and Segment B, which shall run from noon on the Saturday before Easter through 12:00 noon on Easter SUnday. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. D. FATHER'S DAY/M:Jl'IlER'S DAY: The Father shall have custody of the Children every year on Father's Day and the Mother shall have custody of the Children every year on Mother's Day from 8:00 a.m. nntil B:DO p.m. Notwithstanding the foregoing, in 2000, the Father shall have custody of the Children for Father's Day from Saturday, Jnne 17 when the Mother returns from vacation with the Children through sunday, June 18 at 8:00 p.m. E. The parties shall have custody of the Children on the remaining holidays as arranged by agreement. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. G. In the event the Father's period of holiday custody falls irn:nediately before or after his regular period of custody, the Father's holiday/regular period of custody shall run continuously. 5. Each party shall be entitled to have custody of the Children for 2 non-consecuti ve weeks for vacation, which shall be scheduled during the summer school break unless otherwise agreed between the parties. The parties shall schedule extended periods of custody under this provision to fall immediately before or after that party's regular weekend period of custody. Each party shall provide the other party with at least 30 days advance notice of his or her selection of dates under this provision. The party providing notice first shall be entitled to preference in his or her selection of vacation dates. 6. The party receiving custody of the Children shall be responsible to provide transportation for the exchange of custody unless otherwise agreed between the perties. 7. telephone parent or The non-custoClial parent shall be entitled to have reasonable contact with the Children which may be initiated either by the the Children. 8. The parties shall cooperate and work together in making any necessary adjustments to the custody schedule and in addressing issues concerning the Children. 9. 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 =nsent. In the absence of mutual =>sent, the terms of this Order shall control. BY TEE OOURT I 151-1, (..Jy c0L 1 J. cc: Samuel L. Andes, Esquire - Counsel for Mother Laurie A. Saltzgiver, Esquire - Counsel for Father LAURI A. BECKER, : IN THE COURT OF CDMMON' PLEAS OF Plaintiff : CUMBERLAND COtJNTY, PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BECKER, : CIVIL AcrION' - LAW Defendant : IN CUSTODY ~"".I.UlJY CCtilCILIATIW SOMMl\RY REPCRI.' IN Aca:IIDANCE WITH cnmERLl\ND CCXlNTY RULE OF CIVIL PROCEOORE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF IlJRl'H C!lRRml'Ly IN ~"".I.UlJY OF Kai tlin Becker Jordan Becker November 16, 1989 JI',arch 25, 1994 Mother Mother 2. A Conciliation Conference was held on June 8, 2000, with the following individuals in attendance: The Mother, Lauri A. Becker, with her counsel, Samuel L. Andes, Esquire, and the Father, David J. Becker, with his counsel, Lauri A. Saltzgiver, Esquire. 3. The parties agreed to entry of an order in the form as attached. Date J/A'ltJ ~ ,,? &Y>f) {d<s~ Custody Conciliator LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STRm P.O. BOX 1062 l. EMANUEL MEYERS (1915-1970) BRUCE: D. DES FOR LAURIE A. SALTZGIVE.R CATHERINE A. BOYLE. HARRISBURG. PA. 17108 (717) 236-9428 FAX (717) 236-2817 July 21, 2000 VIA FAX & U.S. MAIL Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 RE: Becker Dear Sam: Please be advised that my client would like to ~ave ~is weeks of summer vacation during the week of July 31, 2000 until August 7, 2000 and the week of August 14, 2000 until August 21, 2000. Thank you for your attention. Sinceyely, '\ \ \ . " , ~". ." .... :. 1_:, ,-\ ~, . ,-'..... ~ '-./' Laurie A......... I ,1 ( , '--- " ~ci.1tzg~ver " '. LAS/clk cc: David Becker EXHIBIT I 8 LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 0410 NORTH SECOND STREET P.O. BOX 1062 I. EMANUE.L ME.YERS (\9\S.1970) BRUCE o. OESFOR LAURlE. A.. SALTZGlVER CATHERINE: A. BOYl-E HARRISBURG, PA. 17108 (7171 23e;..942.B F'AX (717) 236-;::617 July 26, 2000 VIA FAX & U.S. MAIL Samuel Andes, Esquire ATTN: Lynn Ehrenfeld 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 RE: Becker Dear Lynn and Sam: I am addressing this letter to Lynn as I am aware that Sam is presently out of town on vacation. I am aware that Lynn has forwarded my letter of July 21, 2000, which specifies my client's weeks of vacation time, to Lauri. Since Lauri has not provided any information regarding the children's availability, Dave will pick the children up on Monday morning, July 31, 2000 at 10:00 a.m. for his first week of vacation. Please advise Lauri, as such. Thank you for your attention. LAS/clk cc: David Becker (~~~~aLivar' // /' V EXHIBIT J l-, I, " I' II I ;i i 'I I I' '. "ovid .'. Be",", VERmCArrOl' . verify <ha. <he I 111,OSFtatements made in this PRTITION FOR r.ONTRMPT ANn FOR MonTFICATIO~ CUSTODY ORDER are true and correct to the bes1 I of my knowledge, information and belief. I understand that fals, I statements herein are made subject to the penalties of 18 Pa. I I, C. S. Section 4904, relating to unsworn falsification to I 'I I ~ authorities. ! II i' :1 Dated: 'I 11 Ii I , :1 , R/g/OO ~Lldd-. " Plaintiff (X Defendant MEYERS, DESFOR, SAl TZGIVER & BOYLE 410 NORTH SECOND STRE:ET . P_O. sox 1062 . HARRISBURG, PA 17108 (717) 236-9428 . fAX (717) 236-2817 II LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this 9th day of Auqust, 2000, that a copy of the foregoing Petition for Contempt and for Modification of Custody Order was mailed, first-class, postage pre-paid to: Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 MEYERS, DESFOR, SALTZG1VER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 ~I LAURI A. BECKER, Plaintiff vs. ) } ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-1706 DAVID J. BECKER, Defendant IN CUSTODY ANSWER AND CROSS PETITION FOR MODlEl!d\TIQN Qf CUSTODY ORDER AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the fOllowing Answer to the Plaintiff's Petition and her own Cross Petition for Modification, all based upon the following: 1 through 5. Admitted. 6. Denied. It is admitted that Defendant had the children at his place of employment where they were not properly supervised. Following a disagreement with her father, the daughter, Kaitlin, called Plaintiff and asked her to come see her. Sensing that the children were extremely upset and being concerned for their well-being, Plaintiff went to a location near Defendant's place of business in an effort to speak to the children to calm them down. Defendant became argumentative and belligerent when he saw Plaintiff and called the police to whom he made false claims about Plaintiff's conduct. The other averments set out in Paragraph 6 of Defendant's Petition are denied. 7. Denied. Plaintiff did not attempt to interfere with Defendant's period of temporary custody and came to Defendant's place of business only to mollify the children who were extremely upset and worried. 8. Denied. Plaintiff has not denied Defendant's telephone access to the children. To the contrary, Defendant has refused to permit the children to call Plaintiff or to have reasonable contact with Plaintiff when the children are in his temporary custody. .1 9. Denied. Plaintiff denies that she has interfered with Defendant's relationship with the children and further specifically states: a. Plaintiff has not made such statements about Defendant. The children have reached their own conclusions about Defendant based upon his conduct in their presence. b. Although it is admitted that Plaintiff has advised the children that they need not shower at Defendant's home, she has done that only because the children have expressed concern about the cleanliness of the Defendant's home and bathroom. Plaintiff has not advised the children that they do not have to obey Defendant or that she has made any statements to the effect that she would have the Defendant arrested. c. Denied. Plaintiff has not made such statements about Defendant. Defendant has a difficult time with the children, particularly the parties' daughter, because of his own misconduct in the children's presence. d. Denied as stated. Plaintiff denies that she makes obscene gestures or statements to Defendant or in his presence. To the contrary, it is Defendant who is guilty of such conduct directed at Plaintiff. e. Denied. Plaintiff has not Mmade a scene" during custody exchanges. Plaintiff admits that the parties have disagreed and exchanged unpleasant words during those exchanges but states that Defendant himself is guilty of that conduct and causes it by his own misconduct. f. Denied. Plaintiff has consulted a psychologist, who has met with the children and with Defendant himself, for guidance in assisting the children through the difficult time the children are having with the periods of the Defendant's temporary custody. Defendant is aware of that process and has cooperated in it. -*. g. Defendant is aware of the children's activities and Plaintiff has not involved the children in the regular activities without Defendant's knowledge. 10. Denied. Plaintiff wants the children to have a calm and good relationship with Defendant so as to reduce the trauma in their lives and reduce the problems such trauma causes for her. Plaintiff has not done anything to interfere with Defendant's relationship with his children. 11. Admitted. 12. Admitted. By way of further answer, however, Plaintiff states that she and the children have had the same week for vacation for a period of five years or more, that Defendant knows that, and that Plaintiff's request for that week of vacation time was anticipated by, and knowing in advance to, Defendant. 13. Admitted. However, Defendant's notice was inadequate because it was not timely (coming many weeks after Defendant had a full opportunity to give the thirty days notice) and did not advise Plaintiff of where the children would be or how they could be contacted. 14. Plaintiff's counsel was unavailable to assist in resolving the problem of the summer visitation. Unfortunately, Defendant's counsel just unilaterally issued a ultimatum that Defendant would take the children. 15. Plaintiff does not know whether the Defendant appeared at her residence but acknowledges that the children did not go with the Defendant at the time he demanded to have them. 16. Plaintiff denies that she has attempted to interfere with the Defendant's relationship with the children or that Defendant should have additional time with them. The averments set out in Plaintiff's Cross Petition are incorporated herein by reference. 17. The averments set out forth in Paragraph 16 above are incorporated herein by reference. ,- )) 18. Denied. Plaintiff has not violated the custody order in this matter and has not attempted to thwart the Defendant's attempts to have a relationship with the children. Defendant should not be given additional time with the children. The averments set forth in Plaintiff's Cross Petition are incorporated herein by reference. WHEREFORE, Plaintiff prays this court to deny Defendant's Petition, including his request for counsel fees, and to modify the custody order in accordance with her Cross- Petition. CROSS PETITION FOR MODIFICATION OF CUSTODYORDERANQ~EQa PSYCHOLOGICAL EXAMINATION OF THE PARTIES AND CHILDREN 19. Defendant, by his own conduct, has impaired his relationship with his children. Defendant's conduct includes, but is not limited to, the following: A. Defendant takes the children to his place of employment during his periods of temporary custody, takes them along on business calls and trips he makes during those periods of time, and generally fails to supervise them and to make any effort to provide an enjoyable experience for them while they are with him. B. Defendant refuses to take the children to their regularly-scheduled activities or to permit them to participate in those activities during his periods of temporary custody. C. Defendant makes little or no effort to participate in enjoyable activities with the children or to entertain them or have fun with them while they are in his temporary custody. D. Defendant fails to maintain his home in a clean and orderly fashion, to the extent that the children are uncomfortable staying at Defendant's home. E. Defendant loses his temper in the presence of the children, raises his voice and shouts at them, verbally abuses them, and generally terrorizes them when he loses his temper. ~ ) F. Defendant has physically abused the children by slapping them and by hitting the daughter Kaitlin with other objects. G. The Defendant, by his conduct, has made the children afraid of him and afraid to speak candidly and open with him. 20. As a result of the conduct of Defendant, the younger child is afraid to stay at the Defendant's home without his older sister and the parties' daughter is afraid of the Defendant and does not wish to be in his presence or stay at his home. 21 . Defendant has aggravated the problems described above by demanding that the children obey the letter of the custody order and by becoming angry at them when they show any reluctance or hesitation to do so. 22. Defendant has refused to allow the children to communicate with Plaintiff during the times that he has them in his temporary custody. 23. Defendant has verbally argued and fought with Plaintiff in the presence of the children, which has further aggravated_the problems he has in his relationship with the children. 24. Plaintiff believes that Deferiifiuif requires the intervention and advise of a professional to help him deal with problems he is experiencing, which problems include, but are not limited to: A. The Defendant's failure to control his temper and anger; and B. The Defendant's inability to understand what the children need from him so that he can provide that in such a way to establish a healthy parent- child relationship; and c. An ability to cooperate with Plaintiff as a co-parent in raising the children and shielding them from the disputes between Plaintiff and Defendant. 25. Plaintiff further believes that the children require the intervention and assistance of a professional to help them deal with the problems they are experiencing in the current , I custody arrangement, particularly those problems caused by the anger and unreasonableness of the Defendant. 26. Plaintiff believes that the children are suffering irreparable, emotional, psychological, and personal harm as a result of Defendant's conduct and the disruption that conduct has worked upon the children's relationship with the Defendant. WHEREFORE, Plaintiff prays this court to take the following actions: A. Modify the current custody order to reduce the Defendant's time with the children and to suspend overnight visitations with the children until they are better able to adjust to the present situation and form a better parent- child relationship with Defendant; and B. Direct both parties and the children to meaningfully participate in family counseling, including anger management instruction for Defendant, in an effort to reduce the friction between Plaintiff and Defendant, to protect the children from the stresses they are under as a result of the current custody situation, and to assist the children in dealing with the problems the Defendant causes in his relationship with them; and C. Such other action as the court deems appropriate or necessary for the protection of, and in the best interest of, the parties' children. ~~~ Samuel l. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 - . COMMONWEALTH OF PENNSYLVANIA } ( 55.: ) COUNTY OF CUMBERLAND LAURI A. BECKER, being duly sworn according to law, deposes and says that the Answer & Cross Petition facts set forth in the foregoing are true and correct to the best of her knowledge, information, and belief. h~ . BECKER Sworn to and ~scribed be{.o[e me this f-t~day of .:::::.e~\fi.-\. 2000. ~~~~l U-- Notary Pu lie. ~_"'.'''_.'_ 1<<.n1iRiAl. S$AL ~\w.~~~~PA Q..::: r ~_ .~~~!~....~,~4..--of.?rl, ~ ~ ." - - .' -~ . ". ....".-.., -', . . . " CERTIFICA TE OF SERVICE I hereby certify that I served an original of the foregoing Answer and Cross Petition for Modification of Custody order upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Laurie A. Saltzgiver, Esquire 410 North Second Street Harrisburg, P A 1 71 08 Date: \\.,~ ~ ~>- .~,9, Samu L. Andes . Attorney for Plaintiff < . .... . LAURI A. BECKER, : IN THE COURT OF cx:t1M0N' PLEAS OF Plaintiff : CUMBERLAND CXXJNTY, PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BECKER, : CIVIL ACTION' - LAW Defendant : IN CUSTODY aIDER OF <nJaT AND ~,this ;4S(t, clay of , 0 r...-'t:L<:) upon consideration of the attached CuStodY CO~~;1iat~on ordered and directed as follows: , 2000, Report, it is 1. The parties .shall submit themselves and their minor Children to a custody evaluation to be performed by a professional selected by the Father at the Father's sole cost. The parties shall sign any authorizations deemed necessary by the, evaluator' in order to cbtain additional information pertaining to the parties or the '-Ch,ildren. The Mother shall cooperate in completing the evaluation process and shall make herself and the Children available for all necessary sessions. 2. The parties shall ensure that Kaitlin continues in her current course of counseling with Sally Rooney. 3. Pending further order of Court or agreement of the parties, the prior Order of this Court dated June 20, 2000 shall continue in effect. 4. Within 60 clays of receipt of the evaluator's written reCOlmllendations, counsel for either party may contact the Conciliator if it is necessary to schedule an additional Custody COnciliation COnference. BY THE COURT, =: samuel L. Andes, Esquire - COunsel for Mother .. . . ;. .1 " c...u.u;. /r~ Laurie A. Saltzgiver, Esquire - COunsel for Father / r )tJ' oU,. /rO ....,...,'"' FiLEO-{;CFICE OF -,., ,,' c,-- --- ',-' 'OT'AlR'" irp'--, "'~'_ 'I 'J.,N, .f'\i. I 00 OCT 26 PM 2: 1 6 CUMBERLAND COUf'ffi' PENN::.11.VANIA , ~' LAURI A. BECKER, : IN THE COURT OF COMMON' Pr.EAS OF Plaintiff ~ CUMBERr.AND caJNTY, PENNSYI,VANIA : vs. : NO. 00-1706 CIVIr. TERM : DAVID J. BECKER, : CIVIr. ACTION - LAW Defendant : IN CUSTODY PRICR JUDGE: J. WESLEY CLER, .JR. "ISI(;OY CY'N('TT.Tl>.'l'TCH ~ REPCRr IN ACXn<<lANCE WITH <nmERLAND ClJCH'l'Y RIlLE OF crvn. PROCEDURE 1915.3-B, the tindersigned Custody COnciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN c.....",.....uu:l OF Kaitlin Becker Jordan Becker November 16, 1989 March 25, 1994 Mother _Mother 2. A Conciliation Conference was held on September 26, 2000, with the following individuals in attendance: The Mother, Lauri A. Becker, with her counsel, Samuel r.. Andes, Esquire, and the Father, David J. Becker, with his counsel, Laurie A. Saltzgiver, Esquire. 3. The parties agreed at the Conference to have a custody evaluation performed. However, the Mother's counsel requested that the conciliator retain the proposed Order for a couple of days to enable the Mother to determine whether she would agree to share the costs of a joint evaluation or to participate in an evaluation obtained at the Father's expense. The conciliator was subsequently advised that the Mother is financially uniilile to share the evaluation costs. Acoordingly, the Conciliator recorrnnends an Order in the form as attached. CJcNbv. ..2fl.~ Date I DatQ~ custody conciliator LAURI A. BECKER PLAINTIFF V. DAVID J. BECKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00.1706 CIVIL ACTION LAW IN CUSTODY ORDER OF COFRT AND NOW, Friday, June 01, 2001 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, June 18, 2001 at 10:30 AM 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 defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is! Dawn s. Sund~. Esq. ~I\, Custody Conciliator i The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All an'angements must be made at least n hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFI'ORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 l:" _ f'!ED-DfFICE 0, ,[.,.... ppry[' 'rJN01',n ..";:" It'.n.Y Of JUN - 5 PM I: r 2 CUMBERlfND COO PENNSYD/ANIA N1Y ) ';u',?f M- ~ _/#.:.dr -F .dIt ~ ~-s"'OI '?!~ ~ Z 4 ~ ~5"-c1 t~ ~ 7i; 4 ~ . !) LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, . , upon consideration of the attached complaint, it is hereby directea that the parties and their respective counsel appear before FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact .our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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. OFFICE OF THE COURT ADMINISTRATOR Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTI-I SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9429 . FAX (7f7) 23E>>2S17 II LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes Defendant, David J. Becker, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Petition for Contempt and in support thereof avers as follows. 1. Petitioner is David J. Becker, Defendant in the above- captioned action. (hereinafter "Father"). 2. Respondent is Lauri A. Becker, Plaintiff in the above- captioned action. (hereinafter "Mother"). 3. The parties are the parents of two minor children namely Kaitlin Becker, date of birth 11/16/89 and Jordan Becker, date of birth 3/25/94. 4. The parties attended a conciliation conference before Dawn Sunday, Esquire on June 8, 2000 and reached an agreement which became an Order of Court dated June 20, 2000. (See Exhibit "A"). 5. Pursuant to the Order of June 20, 2000, paragraph 3, Father is provided alternating weekends of partial physical custody with the children, as well as one or two evenings during the week. The weekend of May 11-13, 2001 was Father's alternating weekend of custody. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 23$-9428 . F'AX (717) 236~261'7 6. On Saturday, May 12, 2001, both children had various activities. Kaitlen had a soccer and a baseball game and Jordan, also had a baseball game. 7. In addition to the children's activities that Saturday, May 12, 2001, was the Penndot dump truck and equipment auction on the farm show grounds. Father is self-employed in two businesses namely, Becker's Service Center and Camp Hill Auto and Truck. Father's businesses engage in auto and truck repair as well as towing and snow removal. Father intended to attend the penndot auction on Saturday, May 12, 2001 in the hopes of purchasing a dump truck. The parties' son, Jordan, was excited about the auction and wanted to bid on the dump trucks with his Father. 8. Mother was well aware of Father's plans that weekend and his intention to attend the auction. Jordan's baseball game started at 1:00 p.m. Father left the game early to attend the Penndot auction, however, Father's parents, the children's grandparents, were in attendance at the game. The children were aware that after Jordan's baseball game, the grandparents were taking them to their Father at the auction. Jordan hoped to make it to the auction in time to bid on the dump trucks with his Father. 9. After Jordan's game was over, Mother told the children they were not going with their grandparents, and since their dad was not there, she was taking them with her. Mother 3 MEYERS, DESFOR. SALlZGlVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 2'36-&428 . FAX (717) 236-2817 informed Father's parents that because Father was not there, she was taking the children with her. 10. Father's parents, the children's grandparents, became concerned and contacted Father at the auction. Father left the auction and went to Mother's home to retrieve the children. When Father retrieved the ~hildren, Mother laughed in his face because she knew he missed the auction and the chance to bid on cheap equipment. Father reminded her that Jordan was excited to bid on the dump trucks with him. Mother did not care that Jordan was disappointed and advised Father that now no one could bid on the dump trucks. 11. Father believes that Mother is in contempt of the Court Order of June 20, 2000 by interfering with his alternating weekend of custody with the children. 12. Additionally, the Court Order of June 20, 2000 provides vacation time for the parties and their children, specifically in paragraph number 5. 13. Pursuant to paragraph 5 of the Order of June 20, 2000, each party is entitled to have two nonconsecutive weeks of vacation time with the children, which are to be scheduled over the parties' regular weekend period of custody. 14. Since the parties are also required to provide each other with thirty (30) days advance notice of vacation time, Mother advised Father that she wanted Friday, June 8 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9429 . FAX (717) 236-2S17 II through Saturday, June 16th for vacation time. 15. Mother scheduled her vacation time over Father's alternating weekend of custody in June and therefore, Father will not see the children for at least three weeks. 16. Father advised Mother that she was in violation of the Order, by scheduling her vacation time in such a manner, and further advised that while he believed she was in violation of the Order, in an effort to be flexible, Father would permit Mother to have that vacation period provided she provided him with a make-up weekend of custody with the children. (See Exhibit "B"). 17. Mother refused to cooperate with Father's request. (See Exhibit "Cn). 18. Father believes that Mother's insistence upon the scheduled vacation time is in blatant violation and contempt of the Court Order of June 20, 2000. 19. Father had difficulty in retaining vacation~time during the Summer of 2000 and accordingly, Father filed a Petition for Contempt and for Modification of Custody Order on August 14, 2000. Said Petition remains pending and the parties are engaged in a custody evaluation. 20. Wherefore, in light of all of the above, Father requests this Honorable Court find Mother in contempt of the Custody Order of June 20, 2000, award Father additional periods of custody as the Court may deem appropriate, and impose fines 5 MEYERS, DESFOR. SALlZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (117) 236-9428 .. FAX (717) 236-l;!817 Ii and sanctions upon her as well as reimburse Father for his attorney fees incurred in bring the within Petition. WHEREFORE, in light of all of the above, Father requests this Honorable Court find Mother in contempt of the Custody Order of June 20, 2000, award Father additional periods of custody as the Court may deem appropriate, and impose fines and sanctions upon her as well as reimburse Father for his attorney fees incurred in bringing the within Petition. Respectfully submitted, Laurie A. S 1 MEYERS, DESFO & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Petitioner MEYERS, DESFOR. SALTZGIVER & BOYLE 410 NORm SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 2~6-9429 FAX (717) 236-2917 , LAURI A. BECKER, : IN THE CXJURT OF COMMa:! PLEAS OF Plaintiff : CUMBERLAND CXXJNTY, PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BECKER, : CIVIL AC:!'ION' - LAW Defendant : IN CUSTODY C1lDER OF CCXJRT AND~, this cJOth day of ~~\\l ~I"\e.. , 2000, upon consideration of the attached Custody Conc IJ.at~on Report, it is ordered and directed as follows: ~ - 1. The Mother, Lauri A. Becker, and the Father, David J. Becker, shall have shared legal custody of Kaitlin Becker, born November 16, 1989, and Jordan Becker, born March 25, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall have primary );hysical. custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends frem Friday at 6:00 p.m. through Monday at 8:00 a.m., beginning Friday, June 23, 2000. During weeks following the Father's weekend period of custody, the Father shall also nave custody of the Children on Thursday fran 5:30 p.m. through 8:00 p;m. during the school year and through 8:30 p.m. during the summer sChool break. During weeks following the Mother I s weekend period of custody, the Father shall have custody of the Children on Tuesday and Thursday eVening frotn 5:30 p.m. through 8:00 p.m. during the school year and through 8:30 p.m. during the stllIllIl8r school break. 4. The parties shall share = alternate having custody of the Children on holidays as follows: A. CBIlTm>M"'::' The Christmas holiday shall be divided into Segment A, which shall run !rem ChristIrias Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run fran Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Children during segment II and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Children during Segment A and the Father shall. have custody during Segment B. B. iWINKSGIYJ:NG: In every year, the Mother shall have custody of the Children on Thanksgiving Day until 2:00 p.m. and the EXHIBIT r A Father shall have custody from 2:00 p~m. until 8:30 p.m. on Thanksgiving. c. EASTER: The Easter holiday shall be divided into Segment A, which shall run from 12:00 noon on the Friday before Easter through 12:00 noon on the saturday before Easter and Segment B, which shall run from noon on the saturday before Easter through 12:00 noon on Easter Sunday. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during segment B. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. D. FATHER'S DAY/MOTHER'S DAY: The Father shall have custody of the Children every year on Father I s Day and the Mother shall have custody of the Children every year on Mother's Day from 8:00 a.m. until 8:00 p.m. Notwithstanding the foregoing, in 2000, the Father shall have custody of the Children for Father's Day from Saturday, June 17 when the Mother returns from vacation with the Children through SUnday, June 18 at 8:00 p.m. E. The parties shall have custody of the Children on the remaining holidays as arranged by agreement. F. 1he holiday custody schedule shall supersede and take precedence over the regular custody schedule. G. In the event the Father's period of holiday custody falls irrnnediately before or after his regular period of custody, the Father's holiday/regular period of custody shall run =ntinuously. 5. Each party shall be entitled to have custody of the Children for 2 non-consecutive weeks for vacation, which shall be scheduled during the summer school break unless otherwise agreed between the parties. The parties shall schedule extended periods of custody under this provision to fall inunediately before or after that party's regular weekend period of custody. Each party shall provide the other party with at least 30 days advance notice of his or her selection of dates under this provision. The party providing notice first shall be entitled to preference in his or her selection of vacation dates. 6. 1he party receiving custody of the Children shall be responsible to provide transportation for the exchange of custody unless otherwise agreed between the parties. 7. 1he non-custodial parent shall be entitled to have reasonable telephone =ntect with the Children which may be initiated either by the parent or the Children. 8. 1he parties shall cooperate and work together in making any necessary adjustments to the. custody schedule and _in addressing issues concerning the Children. 9. This Order is entered pursuant to an agreement of the parties at a CUstody Ccnciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE OJURT, 151-1.. f.J,t- cDJ,,) ,. co: Samuel L. Andes, Esquire - Ccunsel for Mother Laurie A. Saltzgiver, Esquire - Ccunsel for Father yo.;.. ...........,~. .. .-r- Protho/lO'fary . LAURI A. BECKER, : IN THE COURT OF COMMON' PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1706 ClVIL TERM : DAVID J. BECKER, : CIVIL ACl'IOO - LAW Defendant : .IN COSTODY UJ>>LuJY cx:.NCILIATIrn SUMMARY REJ?CRr IN ACCCIIDANCE WITH cnmE:RLAND COJNTY RULE OF CIVIL PRCCEDURE 1915.3-8, the undersigned CUstody Conci1iat= submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH OJRRENTLY IN aJSTODY OF Kaitlin Becker Jordan Becker November 16, 1989 March 25, 1994 Mother Mother 2. A Conciliation Conference was held on June 8, 2000, with the following individuals in attendance: The Mother, Lauri A.. Becker, with her counsel, Samuel L. Andes, Esqu:l:re, ana the Father, David J. Becker, with his counsel, Lauri A_ Saltzgiver, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date cL~o q ~() I {l~s~ CUstody Conciliator LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STRE:E:T P.O BOX 1062 I. EMANUEL MEYERS n91S-1970l BRUCE p, DESFOR LAURIE A. SAL TZGIVER CATHERINE: A. BOYLE HARRISBURG, PA. 17108 (717) 236-9428 FAX.{717J 236-2617 WEBS1TE www.meyersdesfor.com EMAIL lsa!tzQiverCmeyersdesfor.com cboyleCmeyersdesfor.com May 1, 2001 VIA FAX & U.S. MAIL Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 RE: Becker v. Becker Dear Sam: Dave has advised that Lauri has given him notice that she wants to take vacation with the children from Friday, June 8th until Saturday, June 16th. She has scheduled her week of vacation over Dave's weekend with the children, accordingly Dave would not see the children for three weekends in a row. That arrangement is contrary to the Order of J~~e 20, 20QO, paragraph 5. According to the Order, the parties are to schedule their vacation time over their Qwn weekend of custody. However, if Lauri has already made reservations for that time, Dave is agreeable to permit her to have this vacation time, provided he gets a make-up weekend with the children over the weekend of June 1st, 2nd and 3rd. I believe thac this is more than fair under the circumstances, and provides an amicable resolution for everyone. Thank you for your attention. . Please contact me. Sincerely, ~~a 4 tzgiver LAS/cay cc: David Becker EXHIBIT I B SA.MUEL L. ANDES ATTORNEY AT LAW 15.2~ NORTH TWELFTH STREET P. O. :BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-15::131 9 May 2001 FAX (7171 761'143~ Laurie A. Saltzgiver, Esquire 410 North Second Street Harrisburg, PA 17101 RE: Becker - Custody Dear Laurie: I reviewed your letter of 1 May 2001, with Lauri Becker regarding her vacation. I simply do not agree with your interpretation of the existing order. All that order requires is that each party take their week of vacation adjacent to one of their weekends. If they comply with the order. there is no way that the week of vacation will not deprive the other parent of one weekend of their regular schedule of custody. It simply cannot work any other way. Moreover, my client has arranged her schedule so that she actually has the children for less than a week. She plans to return from her vacation late Saturday night so the children can spend Father's Day with your client. Everything concemed, it appears that she is actually taking less than a full week of her vacation as contemplated by the order. - Finally, this is the arrangement the parties have had for several years and your client has not complained before. In fact, she fook her week's vacation at the same time last year and, although there was a dispute about Father's Day itself, your client did not protest her taking her weeks vacation last year the same way she intends to take it this year. Having said all of that, I do not believe your client is entitled to a "make-up" weekend. I suggest that he make up any "lost" time by taking his vacations the same way my client does. In that way, each of the parties will have the children for a long enough time to enjoy a reasonable vacation with them, and neither party will owe the other any "make.up" time. Sincerely, ~ Samuel L. Andes amh EXHIBIT cc: Lauri A. Becker I c ,!j 'I II II Ii II d i\ " " ,; :i Ii VERIFICATION i' 'I " David Becker r verify that tee I, statements made in this petition for Contempt aye crue and correct to the bes~ of c.y knowledge, infor~a=io~ a~c te_~e=. ~ ~~=srsL&~d t~o~ fa~s2 sta~e~e~ts herei~ are ~aje s~tjes~ LC :~~ .. - !=-2:-.~~:2.es :::: lE D- .a. c.s. Section 4904, rEla~i~g LO u~s~=r~ f~lsi:ica~icr. tc autr..orities. 1Jate:i: ("/y ~/f-L - 5/2]/01 :;::"&.:..:-_:..:.::f XI Ce.:-:=:-.c:a.:1t MEYERS, DESFOR. SALTZG1VEA & SOYLE 4'10 NORTH SEconD STREET . po BOX 10&2 . H,t.P,R1SBUFG PA 17~08 !717l23F.'9428 . FAX (717) 236-2817 Ii LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this ~ day of Mav, 2001, that a copy of the foregoing Petition for Contempt and for Modification of Custody Order was mailed, first-class, postage pre-paid to: Samuel N1des, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9428 .. FAX (717) 236-2817 " . LAURI A. BECKER, : IN THE COURT OF o::lMMal PLEAS OF Plaintiff : CUMBERLAND CXXlNTY I PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BECKER , : CIVIL ACrICIil - LAW Defendant : IN CUSTODY aIDER OF a::.uRT AND NCK, this '\.;.... consideratico of the attached and directed as follows: day of ),.~v ~_ CUstody Conciliatico Report, , 2001, upon it is ordered 1. The prior Orders of this Court dated June 20, 2000 and the subsequent Order entered in July, 2000 shall continue in effect- as modified by this Order. 2. The parties shall engage in a course of counseling with Deborah L. Salem, MRS, CAe, includin;j at a minimum, one separate session for each party and two joint sessions. The purpose of the counseling shall be to assist the parties in establishin;j sufficient ccmnunication, cooperation and conflict resolution skills to enable them to effectively coparent their Children. Each party shall be responsible to pay one-half of all costs which are not covered by insurance. Each party shall contact the oounselor within two weeks frcxn the date of the CUstody conciliatico conference to schedule the first session. 3. The Father's periods of vacation custody during the summer school break in 2001 shall run from 6:00 p.m. on July 27 through 6:00 p.m. on August 5 and, fran 6:00 p.m. on August 16 through 6:00 p.m. on August 25. 4. Each party shall provide advance notice to the other party of the address and telephone rnJmber where the Children can be contacted during vacation periods. 5. The noncustodial parent shall be entitled to have one telephone contact per day with the Children with the exceptico of emergencies. In the event a party provides the Children with a cellular phone in order to effectuate this provision, the custodial parent shall ~J:jtit the Child to retain the phone and to have the phone remain on for ~es of compliance . 1 with this provision. . - .Y fir tfJd.;l..d... BY TJlE OOURTt Lt.)$ -0 I l Rj{ 5 \ V'"11./) Edgar B. Bayler,- 1 J. , =: Samuel L. Andes, Esquire - Counsel for Mother Laurie A. Saltzgiver, Esquire - Counsel for Father '- (") c ~-. "Cr- D;C- ::: f-"' (.:;J. -::'." ~~--~: ).':;t~ ~ -< , '-~, r~ "",) , . LAURI A. BEK:KER, : IN THE CXJURT OF CCt1MClSl PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BEK:KER, : CIVIL ACTION' - LAW Defendant : IN CUSTODY PRIm JUDGE: Edgar B. Bayl.ey Ub.....OOy caqcn.IATJ:CN ~ REPCRT IN ACCClIDANCE WITH cmBERLAND CCUNTY RIlLE OF crvn. PROCEOORE 1915.3-8, the undersigned CUstody COnciliator submits~the following report: 1. The pertinent information concernin:J the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUS'1OOY OF Kaitlin Becker Jordan Becker November 16, 1989 March 25, 1994 Mother Mother 2. A Conciliation Conference was held on June 18, 2001, with the following individuals _in attendance: The Mother, Laud A. Becker, with her counsel, Samuel L. Andes, Esquire, and the Father, David J. Becker, with his counsel, Laurie A. Saltzgiver, Esquire. 3. The parties agreed to entry of an order in the form as attached. Date+vU dO, ;1m}~e CUstody Conciliator - ". LAURI A, BECKER PLAINTIFF V, DAVID J, BECKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS'r'L VANIA 00-1706 CIVIL ACTION LAW IN CUSTODY ORDER OF COlTRT AND NOW, Wednesdat, AUllust 01, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S, Sunday, Esq. , the conciliator, at 39WestMainStreet,Mechani~csbllrg,PA 17055 on Thursday, August 30, 2001 at 1:00 p.m. 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 children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq. M Custody Conciliator The Court of Common Pleas ofCwnberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 <fJ'.,;;-tJ( 'if'';;'!}1 "t.;I .()/ "'1'[ r: ,-- 1-.-{';,:-FIr:r- O'~ r,..-' -~"::, ~::-l ,,,...:~ .r" '" , . ,. "t'.nY , -- ~ "~ ~-;....) hn 01 AUG -2 Mi II: 33 CUM8ERLAI~O COUNTY PENNSYLVANIA M-&?7-~ $4~ 7?~ ~ -g 4' .a./-0 ttP$ -M~ ~ 4 ~1r "< .' . , ;... .. r", LAURI A. BECKER Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY RULE TO SHOW CAUSE AND NOW, this day of , 200l, a RULE is issued upon the Respondent, Lauri A. Becker, to show cause why the within Petition for Contempt should not be granted. Said Rule returnable at hearing on the day of , 2001 at m. o'clock, in Courtroom No. BY THE COURT: Judge MEYERS, DESFOR, SAL1ZG1VER & BOYLE 410 NORTH SECOND STREET .. P,O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 .. FAX (717) 236-2617 '. ;;. It. IiII LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Defendant, David J. Becker, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following petition for Contempt and in support thereof avers as follows. 1. Petitioner is David J. Becker, Defendant in the above- captioned action. (hereinafter "Father"). 2. Respondent is Lauri A. Becker, Plaintiff in the above- captioned action. (hereinafter "Mother"). 3. The parties are the parents of two minor children namely Kaitlin Becker, date of birth 11/16/89 and Qordan Becker, date of birth 3/25/94. 4. The current custody schedule is set forth within the Order of June 20, 2000. (See Exhibit "An). 5. Pursuant to the Order of June 20, 2000, paragraph 3, Father has custody of the children every Thursday evening. 6. Thursday, July 5, 2001 was Father's regularly scheduled period of physical custody. 7. Approximately one week prior to July 5th, Mother advised Father she had purchased concert tickets for herself and the two children and intended to take the children to a MEYERS. DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRTSBURG, PA 1710B (717) 236-9428 .. FAX (717} 236-2817 . -, " . concert at Hershey Park on Thursday evening, July 5th. Mother purchased said tickets with the full knowledge that Thursday evening is always Father's evening for custody of the children. Mother offered Father a make-up evening of time. however, Father was unavailable on that date. Father suggested that the parties exchange the evenings of Wednesday, July 4th and Thursday, July 5th, however, Mother refused to do same. 8. After the parties were unable to agree upon an exchange of evenings, Mother's counsel forwarded a letter to Father's counsel. (See attached Exhibit "B"). 9. Father advised Mother that in light of their inability to arrange a suitable exchange of evenings, that he was more than willing to take the children to the concert during his Thursday evening of custody and additionally would reimburse Mother for the concert tickets. (See Exhibit lien) . 10. Mother did not respond to said correspondence and when Father went to Mother's home to pick up the children on Thursday, July 5, 2001, neither Mother nor the children were home. 11. By correspondence of June 18, 2001, Mother advised Father she intended to take the children for vacation from 6:00 p.m. July 17, 2001 to 6:00 p.m. July 25, 2001. (See Exhibit "Dn). 3 MEYERS, OESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET. p.o. BOX 1062 . HARRISBURG, PA 17108 (T17) 2:36-94213 . FAX (717) 236-2817 ~-, --.. " . 12. Pursuant to the Order of June 23, 2001, paragraph 4, the parties were to provide advance notice of the address and telephone number where the children can be reached on vacation. (See Exhibit "E"). 13. Mother did not provide Father with an address or telephone number for their vacation and accordingly, is in contempt of the Order of June 23, 2001. 14. Father believes that Mother is in contempt of the Court Order of June 20, 2000 by refusing to provide him with his Thursday evening visitation of the children on July 5, 2001. Father also believes Mother is in contempt of the Order of June 23, 2001 by failing to provide Father with an address and telephone number for the children while on vacation. 15. Father has filed two prior Petitions for Contempt in this action. The first petition was a Petition for Contempt and for Modification of Custody Order which was filed on August 14, 2000. Said petition is still pending. Father filed a Petition for Contempt on May 24, 2001. A conciliation was held before Dawn Sunday on said Petition and an Order dated June 23, 2001 was issued. 16. Father believes that Mother's blatant disregard of the Court Order is willful and malicious contempt and requests that Mother be found in contempt of the Orders of June 20, 2000 and June 23, 2001 and ordered to reimburse his 4 I ~ MEYERS, DESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 ~ attorney fees incurred in bringing the within petition. Father requests that he be awarded an additional period of custody of the children to replace the evening of custody he missed with them. Father further requests that Mother be sanctioned for her continued failure to abide by the Court Order. WHEREFORE, Defendant/Father requests this Honorable Court find Mother in contempt of the Orders of June 20, 2000 and June 23, 2001 and order her to reimburse his attorney fees incurred in bringing the within petition. Father requests that he be awarded an additional period of custody of the children to replace the evening of custody he missed with them. Father further requests that Mother be sanctioned for her continued failure to abide by the Court Order. Respectfully . La r MEYERS, & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA l7108 (717) 236-9428 Attorney for petitioner MEYERS, DESFOR, SAL TZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (T17) 236-94Z8 .. FAX (717) 236-2617 '. . ) .' , . ., . LAURI A. BECKER, : IN THE COURT OF COMMON' PLEAS OF Plaintiff : CUMBERLAND ca:JNTY, PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BECKER, : CIVIL AcrION' - LAW Defendant : IN CUSTODY aIDER OF <XXlRT AND!ni, this r20+h day of ~ ~\ i. XI'"I e. , consideration of the attached CUstody Conc~lJ_at~on Report, it and directed as follows: 2000, upon is ordered 1. The Mother, Lauri A. Becker, and the Father, David J. Becker, shall have shared legal custody of Kaitlin Becker, born November 16, 1989, and Jordan Becker, born March 25, 1994. Each parent shalluhave an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all. decisions regarding their health, education and religion. 2. lhe Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Monday at 8:00 a.m., beginning Friday, June 23, 2000. During weeks following the Father's weekend period of custody, the Father shall also have custody of the Children on Thursday fran 5:30 p.m. through 8:00 p.m. during the school year and through 8:30 p.m. during the summer school break. During weeks following the Mother I s weekend period of custody, the Father shall have custody of the Children on Tuesday and Thursday evening from 5:30 p~m. through 8:00 p.m. during the school year and through 8:30 p.m. during the surmner school break. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CBRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run fran Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run frcm Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody cJ,uring segment B. In odCl numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. B. THIlNKSGIVING: In every year, the Mother shall have custody of the Children on .Thanksqivinq Day until 2:00 p.m. and the EXHIBIT I "A" ,. . . . II .' Father shall have custody from 2:00 p.m. illltil 8:30 p.m. on Thanksgiving. C. EASTER: The Easter holiday shall be divided into Segment A, which shall = from 12:00 noon on the Friday before Easter through 12:00 noon on the saturday before Easter and Segment B, which shall = from noon on the saturday before Easter through 12:00 noon 00 Easter SUnday. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father sPall have custody during Segment B. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. D. FATHER'S DAY/MOTHER'S DAY: The FatheJ::" shall have custody of the Children every year on Father's Day and the Mother shall have custody of the dlildren every year on MotheJ::"'s Day from 8:00 a.m. until 8:00 p.m. Notwithstanding the foregoing, in 2000, the Father shall have custody of the Children for Father's Day from saturday, June 17 when the MotheJ::" returns from vacation with the Children thJ::"ough Sunday, June 18 at 8:00 p.m. E. The parties shall have custody of the Children on the remaining holidays as arranged by agreement. F. The holiday custody schedule shall supeJ::"sede and take precedence over the regular custody schedule. G. In the event the Father's period of holiday custody falls illll11ediate1y before or after his regular period of custody, the Father's holiday/regular period of custody shall run continuously. 5. Each party shall be entitled to have custody of the Children for 2 non-consecutive weeks for vacation, which shall be scheduled during the surruner school break unless otherwise agreed between the parties. The parties shall schedule extended periods of custody illlder this provision to fall immediately before or after that party's regular weekend period of custody. Each party shall provide the other party with at least 30 days advance notice of hi", or her selection of dates illlder this provision. The party providing notice fiJ::"st shall be entitled to preference in his or her selection of vacation dates. 6. The party receiving custody of the Children shall be responsible to provide transportation for the exchange of custody unless otherwise agreed between the parties. 7. telephone parent or The non-custodial parent shall be entitled to have reasonable contact with the Children which may be initiated either by the the Children. 8. The parties shall cooperate and work together in making any necessary adjustments to the custody_ schedule and in addJ::"essing issues .1 r." . . , "\' '.ll =nceroing the Children. 9. 'Ihis 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 llUltual =nsent. In the absence of llUltual consent, the terms of this Order shall =ntrol. BY THE COURT, Isl i (,Jy rSJ!. i J. =: Samuel L. Andes, Esquire - Counsel for Mother Laurie A. Saltzgiver, Esquire - Counsel for Father 'I . , . tl ',' ,,. LAURI A. BECKER, : IN THE COURT OF CDMMON' PLEAS OF Plaintiff : CUMBERLAND cctJN'l'Y, PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BECKER, : CIVIL ACTION' - LAW Defendant : IN CUSTODY Cub~(uy o:NC:II.IATICN SUMMARY REPCRl' IN ACO:IIDANCE WITH cnmERLAND CCONTY RULE OF CIVIL PRO:::EDURE 1915.3-8, the undersigned CUstody conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CORREI:IITLY IN CIJS'.I'C[lY OF Kaitlin Becker Jordan Becker November 16, 1989 March 25, 1994 Mother Mother 2. A Conciliation Conference was held on June 8, 2000, with the following individuals_in attendance: The Mother, Lauri A. Becker, with her counsel, Samuel L. Andes, Esquire, and the Father, David J. Becker, with his counsel, Lauri A. Saltzgiver, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date J//11tJ 9 ~I ~() f {2~ cUstody Conciliator ,~ . , . ,,1,1 .. SAMUEL L. ANDES .ATTORNl!;Y AT LAW ~2t!o NORTlI TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761.!S361 29 June 2001 FAX (717) 761-143"" Laurie A. Saltzgiver, Esquire 410 North Second Street Harrisburg, PA 17101 RE: David Becker Dear Laurie: I spoke with Mrs. Becker about the house. She will agree to list the house for sale and she has agreed t.o allow me to select the realtor. As we discussed, I suggest we use Donna Fleetwood of ReMax Realty. J have only ever had one dealing with her before, in a divorce case, and she was able to perform very fairly. Please contact your client and, if Donna Fleetwood is satisfactory, let me know so you and I can contact her. David is going to have to give her a key to the house so she can inspect it and come up with some suggestions about listing it. In the meantime, another problem has arisen in the custody part of the case. Lauri was able to get tickets for herself and the children to attend the Backstreet Boys concert at Hershey next Thursday evening. She has requested that David exchange custody evenings with her so she can take the children to the concert and he can have them some other time. Up to now, he has refused. r trust you can impress upon him the importance of cooperating on this matter so that the chiidren can attend the concert and so the parties can at least start to show a little cooperation. Please confer with David on these two points and get back to me as soon as you can. I cannot imagine there will be a problem with exchanging custody evenings so, unless I hear from you to the contrary by some time Monday, I will assume that she can plan to take the children to the concert Thursday evening and that the two of them will work out another evening for him to make up his lost time. SIncerely, ~es amh EXHIBIT cc: Lauri A. Becker J liB" ~. f " -- . . " _.1,1 .... LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECONO STREET P.O. BOX 1062 I, EMANUEL MEYERS (1915-1970J BRUCE D. DESFOR LJt.URIE. A, SALTZGIVER CATHERINF; A. BOYLE HARRISBURG. PA. 17/08 (717) 23a.!M28 FAX (7!7) 236-28!7 WE:BS1TE: wwwmeyersdesforcom E:MAlL IsaltzglVer@meyersdesfof.com cboylaCmeversdestor.com July 2, 2001 VIA FAX & U.S. MAIL Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 RE: Becker v. Becker Dear Sam: Please be advised that my client is agreeable to using Donna Fleetwood of ReMax Realty to list the marital residence for sale. You have advised that upon my okay you would send a letter to Donna Fleetwood advising her of same. Please do so as soon as possible. Regarding the Backstreet Boys concert on Thursday, July 5th, Dave has advised that he and Lauri have been unable to work out an exchange of evenings. Dave told Laurie that he was willing to exchange Wednesday evening for Thursday eveninguof this week and she has refused. Because Lauri has backed out of so many agreements in the past, Dave is unwilling to exchange Thursday for an unspecified future day. Accordingly, Dave is not agreeable to Lauri having the children on Thursday, however, Dave is more than willing to take the children to the concert. If Lauri is agreeable to this, Dave will reimburse her for the amount she paid for the tickets. Please advise. LAS/elk cc: David Becker \~i ~l EXHIBIT I lien ~'l t-\- -- . . '. ..., "'I' .~ SAMUEL L. ANDES ATTORNEY AT LAW ~25 NORTH TWEL1"'Y'H STREET P_ O. EOX 168 LEMOYNE, PENNSYLVANIA 17043 TEI..1':1>HO~E (717) 7131-1536( 18 June 2001 FAX (717) 751-[-1.:3:5 SENT BY FAX & REGULAR MAIL Laurie A. Saltzgiver, Esquire 410 North Second Street Harrisburg, PA 17101 RE: David Becker Dear Laurie: Now that your client has selected his two weeks of summer vacation, Lauri Becker has selected her remaining week. She would like to have the children from 17 July 2001, which is a Tuesday, through 25 July 2001. Her period of would start at 6:00 p.m. on 17 July 2001 and terminate at 6:00 p.m. on 25 Jury 2001. Please consider this letter our formal notice to you and your client of those dates. Sincerely, eJ L. Andes amh cc: Lauri A. Becker EXHIBIT I "D" ...._ ff\ ' . .. ;,. .. ~I "... LAURI A. BECKER, : IN THE COURT OF COMMON' PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BECKER, : CIVIL ACTION' - LNiI Defendant : IN CUSTODY etmER OF COJRT AND liD'I, this J3 consideration of the attached and directed as follows: day of Custody , 2001, upon ~t is ordered 1. The pri= Orders of this Court dated June 20, 2000 and the subsequent Order entered in July, 2000 shall continue in effect as modified by this Order. 2. The parties shall engage in a course of counseling with Deborah L. Salem, MHS, CAC, including at a minimum, one separate session for each party and two joint sessions. The purpose of the counseling shall be to assist the parties in establishing sufficient communication, cooperation and conflict resolution skills to enable them to effectively coparent their Children. Each party shall be responsible to pay one-half of all costa which are not covered by insUJ:"ance. Eaci1 party shall contact the counselor within two weeks fran the date of the CUstody Conciliation Conference to schedule the first session. 3. The Father's periods of vacation custody during the sumner school break in 2001 shall rIm from 6:00 p.m. on July 27 through 6:00 p.m. on August 5 and, from 6:00 p.m. on August 16 through 6:00 p.m. on August 25. 4. Each party shall provide advance notice to the other party of the address and telephone number where the Children can be contacted during vacation periods. 5. The noncustodial parent shall be entitled to have one telephone contact per day with the Children with the exception of emergencies. In the event a party provides the Children wi th a cellular phone in order to effectuate this provision, the custodial parent shall permit the Child to retain the ;;::hone and to have the phone remain on for purposes of compliance with this provision. TRUE COPY FRO.Y. rrCC'"RD In T8itimonY~Vhere f, 1 here lI"K "j ICIY hanG' 'd ~and the 11 of said au at Carlisle, Pc. 1 ..........'i..... y f.JLuJs::..., .~.. .. .... .. . 'or . Pr, honata(Y cc: Samuel L. Andes, Es e - Counsel for Mother Laurie A. Saltzgiver, Esquire - Counsel for Father BY THE CJORT, I?J~J/J~ J /5. ih!V-A/ Edgar B Bayley, J.l EXHIBIT liE" ..' '....~ A' '( .. ;".l/",f j,. LAORI A. BECKER , : IN THE CXJURT OF COMMON' PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1706 CIVIL TERM : DAVID J. BECKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRICR JtJDGE: Edgar B. Bayley CUSTODY CCNCILIllTICN SlNARY REPCRr IN ACCClIDANCE WITH <XlMBERLAND CXXlN.I.'Y RIlLE OF CIVIL PRu..:t;/JUl<E 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who aJ:"e the subjects of this litigation is as follows: NAME DATE OF BIRTH ClJRRENl'LY IN CUS.Luu:l OF Kaitlin Becker Jordan Becker November 16, 1989 March 25, 1994 Mother Mother 2. A Conciliation Conference was held on June 18, 2001, with the following individuals in attendance: The Mother, Lauri A. Becker, with her counsel, Samuel L. Andes, Esquire, end the Father, David J. Becker, with his counsel, Laurie A. Saltzgiver, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ J/YJ Date -J () d(X"J I , ~Lr.{~ Dawn S. Sunday, Esqu e Custody Conciliator .' -.~-. , " 'I .. ..." . II !I I II ., Ii " 'I " Ii Ii '1 II I: VERIFICl'.TION " I' i! David Becker .;...~ " verify that: the I, !' statements made in this Petition for Contempt a~e true a~d correc~ to the tes~ of ~y knowledge, infQr~a=ic~ a~d ce:ie:. sta~e~e~ts herei~ are ffia=e I ~~6ers~a~d t~a~ fals~ ~- '::-0.. . . . s~~je~~ ~~ t~e Fe~a~~les C.s. Section 4904, rela~~~g ~~ u~s~~rn falsi=icatich tc autr.orities. Da'.:.e3: 7/19/01 (' /.J d .tfL. __ v - :::"a:.!"".'::" :f x Gefe:-.ca:1C MEYERS, DESFOR, SALTZG1VER & BOYLE 410 tlORTH SECOND STFlEEi . PO BOX 1062 . H.ARRlSEUi=G PA 17108 /717) 23f..9428 . FAX (717) 23f3-2S\7 :5 -.... .-.,-~ . .- '" r4 . . --~~ ,- LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY I hereby CERTIFICATE:}l SERVICE certify on this ~ day of QMly, 2001, that a copy of the foregoing petition for Contempt was mailed, first- class, postage pre-paid to: Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 r e ndant MEYERS, OESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9-428 .. FAX (711) 236-2817 SEP ~001 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA LAURI A. BECKER, vs. : NO. 00-1706 CIVIL TERM DAVID J. BECKER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 19th day of September, 2001, the Conciliator, being advised by counsel for both parties that the Conference scheduled on the Father's Petition for Contempt is not necessary at this time, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for September 19, 2001 is canceled. FOR THE COURT, ~~ Dawn S. Sunday, Esquire Custody Conciliator (") c: .~ -0-"- Q.!{:-' ?i .:::;::J.... f~~ -.c $ :.., C'") Cj a -, .,-.{ c -.:., ;:; ~ -' ,-J ~~~l . C) :T! :.;"} -" LAURI A. BECKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVID J. BECKER, Defendant NO. 00-1706 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of December, 2001, this matter having come before the court on a petition by Lauri A. Becker, it is ordered that Lauri A. Becker may take Kaitlin Becker, born November 16, 1989, and Jordan Becker, born March 25, 1994, on a vacation trip to Cancun, Mexico, between January 5 and January 12, 2002. Edgar B. Samuel L. Andes, Esquire For Plaintiff. .teJ,~~ /~.;.?l.y -1/~ />t~ /.:1.);.:>;0/ Laurie A. Saltzgiver, ~squire For Defendant Sheriff prs r:1EO OJ::F,~CE (): "f., : ':. ;T.!"'Ci.\',)TA9'1 01 DFC 27 Pi, 2: 37 CWAi3tRLA;'!cJ COUNTY PENNSYLVANIA .#<#. .11u~ P lfffiu -fuJ 0 U~ r;!J' 2ft, ~ J~Ltv ~c! O/~~h/ , /f1-d~:,.,.J . II LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, on this day of , 20_, upon consideration of Defendant's Answer to Plaintiff's Petition for Authorization to Take Children on Trip, it is hereby ORDERED and DECREED that Plaintiff's Petition is denied. BY THE COURT: J. MEYERS. DESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717') 236.9428 .. FAX (717) 236-2817 Ii LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR AUTHORIZATION TO TAKE CHILDREN ON TRIP AND NOW, comes the Defendant, David J. Becker, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Answer to plaintiff's Petition for Authorization to Take Children on Trip and in support thereof avers as follows. 1. No answer required. 2. Admitted, and by way of further answer, the Court Order speaks for itself. 3. Neither admitted nor denied. Proof thereof will be demanded at time of trial. 4. Neither admitted nor denied. Proof thereof will be demanded at time of trial. By way of further answer, Plaintiff has not previously advised Defendant regarding any arrangements made with either of the children's schools. 5. Neither admitted nor denied. Proof thereof will be demanded at time of trial. 6. Admitted. Defendant has previously advised Plaintiff that he is concerned for the children's safety in traveling outside of the country in light of the September 11th MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9426 . FAX (717) 236-2817 attacks and security issues. Defendant is especially concerned about the children's safety in boarding a plane for the return trip from Mexico. Defendant has previously advised plaintiff regarding his concerns by correspondence of December 12, 2001. (See Exhibit "A"). 7 . Denied. Defendant denies that his objection to the children traveling outside of the country has been made in bad faith, in light of the September 11th attacks and their aftermath. In fact, Defendant is withholding his agreement in light of his concern for the children's safety. Furthermore, pursuant to the Court Order of July 20, 2000, paragraph 5, "the parties are entitled to have the children for two nonconsecutive weeks for vacation which shall be scheduled during the children's summer school break unless otherwise agreed between the parties." The parties have previously agreed that vacations should be taken during the summer school break. Additionally, the parties' son, Jordan, has recently been having problems in school, has claimed he doesn't like school, doesn't want to go to school, and cries about going to school on a daily basis. The parties have been working on this issue with Jordan and his counselor. Defendant does not believe it would be in Jordan's best interest to miss a week of school at this time. 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9426 . FAX (717) 236-2817 8. Denied. Defendant has, in fact, incurred legal fees and expenses in defending himself against the within petition. Defendant denies that taking the children on this trip is in any way for their own benefit. Defendant believes that the safety of the children should come first and that they should not be permitted to travel outside of the country at this time. WHEREFORE, Defendant requests this Honorable Court deny Plaintiff's request for permission to take the children to Cancun, Mexico and award Defendant attorney fees and costs incurred in defending himself against the within petition. Respectfully r Laurie MEYERS, & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Defendant 4 MEYERS. DESFOR, SALlZGIVER & BOYLE 410 NORTH SECOND STREIT . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9428 . FAX (7'17) 236-21317 LAW OFFICES MEYERS, DESFOR, SALTZGIVER .;. BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 I. EMANUEL MEYERS (1915.1970) BRUCE: Q. DESFOR LAURIE: A. 5AL TZGlVER CATHERINE: A. BOYLE: HARRISBURG. PA 17108 (717) 236-9428 FAX {717} 23e.'ZSI7 WE85lTE W>NW,meyersdesfor.com E:MAIL lsalttglver@meyersdesfcr.com cboy!e@meyersdesfor_com December 12, 2001 VIA FAX & U.S. MAIL Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 RE: Becker v. Becker Dear Sam: I received your correspondence of December 5, 2001, and consent form. I have discussed this issue with Dave after forwarding the prior correspondence on this issue. Dave has seriously pondered the issue of the children going out of the country, and in light of the September 11th attacks and the aftermath, Dave cannot agree to permit the children to travel out of the country. Additionally, taking the children out of school is not in compliance with the current Court Order which provides that vacation time "shall be scheduled during the summer school break unless otherwise agreed between the parties." In light of the current situation in the world today, Dave just cannot agree that the children can travel outside the country with a clear conscience, as he is concerned for the children's safety. Thank you for your attention. \S.i ( ;~~ Laurie A. S~~i LAS/elk cc: Dave Becker EXHIBIT I "An , " (! Ii :1 II VERI FI Cl'.T ION I, verify that the David Becker , statements made in this Defendant's Answer to Plaintiff~s Petition for Authorization to Take Children on Trip a~e true and correc~ to the bes~ of ~y knowledge, infor~aci~~ a~c ce:ief. I ~~dersca~d t~a~ 'false sta=e~ents herein aye ffiaG: s~~je=~ cc t~e ~2~alties cf 18 Pa. c.s. Section 4904/ relat~~; t8 ~~s~~r~ falsi:ica~ic~ to aCltr~oyi;:ies . D---~. 0._'=_. 12/20/01 cd d/fL v - ?=-a.ir..~iff x) D~feCldant MEYERS, DESFOR. SALTZ GIVER & BOYLE 410 NORTH SECQrJD STREET. PO BOX 1062 . HARRIS8URG PA 1;108 1717) 2310-(>4:28 . FAX (71'7J 236.2817 LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO . 00 -1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY I hereby 1, that a copy of Defendant's Answer Plaintiff's Petition for Authorization to Take Children on Trip was mailed, first-class, postage pre-paid to: Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemo e, PA 17043 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (?17} 236-9428 .. FAX (717) 236-2917 CJ <::> ~ c:: :s: t::::J ...!' EP trJ i." .~:-n Q' C""") r:l~ :<cP' "" ~:;;r"r1 C1?~ -. 'i? :-0:.;, ~_.. ~::~C) ~C7 " :-.-~i{ ;P~C' ::r z(j ~C) ~c: ~ om ~ .:.." ~ <J1 -<: " , LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 -1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, on this day of , 20_, upon consideration of Defendant's Answer to Plaintiff's Petition for Authorization to Take Children on Trip, it is hereby ORDERED and DECREED that Plaintiff's Petition is denied. BY THE COURT: J. MEYERS, DESI="OR. SAL TZQIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) ~6~94::!8 . FAX (717) 236.2817 " LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 -1 706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR AUTHORIZATION TO TAKE CHILDREN ON TRIP ~ 0 ~ AND NOW, comes the Defendant, David J. Becker,~ a~ .~ ~q n , ,pI through his attorneys, Meyers, Desfor, Saltzgiver &~yl~anifp:jr' cn.....~ C) -.. '< .<- -~J ,., files the following Answer to Plaintiff's Petition ~g ~ 6~ ::C:o .....-~rn Authorization to Take Children on Trip and in suppo~~he~eo~ =< (ll ~ avers as follows. 1. No answer required. 2. Admitted, and by way of further answer, the Court Order speaks for itself. 3. Neither admitted nor denied. Proof thereof will be demanded at time of trial. 4. Neither admitted nor denied. Proof thereof will be demanded at time of trial. By way of further answer, Plaintiff has not previously advised Defendant regarding any arrangements made with either of the children's schools. 5. Neither admitted nor denied. Proof thereof will be demanded at time of trial. 6. Admitted. Defendant has previously advised Plaintiff that he is concerned for the children's safety in traveling outside of the country in light of the September 11th " !J MEYERS, DESFOR. SALTZGlVER & BOYt..E 410 NORTH SECOND STREET . P.O. BOX fG62 . HARRISBURG, PA 1710a- (717) 236.9428 . FAX (717) 236-2817 , attacks and security issues. Defendanc is especially concerned about the children's safety in boarding a plane for the return trip from Mexico. Defendant has previously advised Plaintiff regarding his concerns by correspondence of December 12, 2001. (See Exhibit "A"). 7. Denied. Defendant denies chat his objeccion to che children traveling outside of the country has been made in bad faith, in light of the September 11th attacks and their aftermath. In fact, Defendant is withholding his agreement in light of his concern for the children's safety. Furthermore, pursuant to the Court Order of July 20, 2000, paragraph 5, "the parties are entitled to have the children for two nonconsecutive weeks for vacation which shall be scheduled during the children's summer school break unless otherwise agreed becween the parties." The parties have previously agreed that vacations should be taken during the summer school break. Additionally, the parties' son, Jordan, has recently been having problems in school, has claimed he doesn't like school, doesn't want to go to school, and cries about going to school on a daily basis. The parties have been working on this issue with Jordan and his counselor. Defendant does not believe it would be in Jordan's best interest to miss a week of school at this time. 3 MEYERS, DESFOR SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P_C. BOX 1062 . HARRISBURG, PA 1710$ (717) 236.9428 . FAX (717) 236-2817 1/ 8. Denied. Defendant has, in fact, incurred legal fees and expenses in defending himself against the within petition. Defendant denies that taking the children on this trip is in any way for their own benefit. Defendant believes that the safety of the children should come first and that they should not be permitted to travel outside of the country at this time. WHEREFORE, Defendant requests this Honorable Court deny Plaintiff's request for permission to take the children to Cancun, Mexico and award Defendant attorney fees and costs incurred in defending himself against the within petition. Respectfully submitted, Laurie MEYERS, & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Defendant \ " 4 MEYERS, DESFOR, SALTZGIVER & BOYtE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-281"7 < LAW OFF"rCES MEYERS, DESFOR, SALTZGIVER.s. BOYLE 410 NORTH SECOND S'rREET P.O_ SOX JO'SZO I. EMANUEl. MEYERS ~J915-19'70) BRUCE:. O. DespeR LAURIE A. SALTZGIVER CATHERINE A. SOYLE HARRISBURG. PA. 17106 (717) 236.9426 F'AX. (717) 23G-ZEl17 W(BS1TI: \'\f\oV'W,mayersdesfor,com E:MAIL lsaltzgiverCmeyersdes.for.com cboyle@mQyersdesfor_com December 12, 2001 VIA FAX & U.S. MAIL Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 RE: Becker v. Becker Dear Sam: I received your correspondence of December 5, 2001, and consent form. I have discussed this issue with Dave after forwarding the prior correspondence on this issue. Dave has seriously pondered the issue of the children going out of the country, and in light of the Sepcember 11th attacks and the aftermath, Dave cannot agree to permit the children to travel out of the country. Additionally, taking the children out of school is not in compliance with the current Court Order which provides that vacation time "shall be scheduled during the summer school break unless otherwise agreed between the parties." In light of the current situation in the world today, Dave just cannot agree that the children can travel outside the country with a clear conscience, as he is concerned for the children's safety. Thank you for your attention. ~ ~~ Laurie A. S~9i LAS/clk cc: Dave Becker EXHIBIT J "AIf . . y " i:' II I. ,I I! II " il " I; , '" '. I! " II VERIFICp.T:ON I ;: David Becker verify that the I, I, statements made in this Defendant's Answer to Plaintiff's Petition for Authorization to Take Children on Trip a~e true 2~d correct to t~e ces~ of l:".y k:1owledge r infor:-na.::..:::-. a:-:d . ~. ~ .::e_l.et. I 1",':'::8.ers~a.:1d t:--_a:. fals.e sta:.e~e~ts he~ei~ are ~a~e s~tje=:. tS :~e ~e~~l:.ies :'.6 Pa. ~- ~~ C.S. Section 4904, re~at:"::2 C~ ~::2~2r~ falsi:icatic~ to a'J'C!:crities. :);;;.'.:e::.: 12/20/01 (' J':J d J1'L. v __ - ~. . ....- .:-'_~':;.:.lI 1: x ) DE:=e:-~dant MEYERS, DES FOR. SALTZGIVER &: BOYLE 410 ~JORTH SECOtJD STREET. PO BOX 1062 . HARAIS8uO::G PA. 1;108 1717) .2:>;:-9.:.:a . FAX ;7C') 2':.16-2817 , II . LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF, SERVICE . ~J\\l.;~ I hereby certify on this(}C:, ~ay of~\JR: iLAfJ ,20\n, if that a copy of Defendant's Answer to Plaintiff's Petition for Authorization to Take Children on Trip was mailed, first-class, postage pre-paid to: Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemo e, PA 17043 quire MEYERS, DESFOR, SALlZGlVER & BOYLE 410 NORlH SECOND STREET .. P.O, BOX 1062 .. HARRISBURG, P!- 17106 (717) 236.9428 .. FAX (717) 236-2817 , LAURI A. BECKER plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, on this day of , 20_, upon consideration of Defendant's Answer to Plaintiff's Petition for Authorization to Take Children on Trip, it is hereby ORDERED and DECREED that Plaintiff's Petition is denied. BY THE COURT: J. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARF\.lSBURG,?A 17108 (717) 2:36.9428 . FAX (717) 236-2817 LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR AUTHORIZATION TO TAKE CHILDREN ON TRIP8 Cl ~ AND NOW, comes the Defendant, David J. Becker,~ a~ ~;~ :z :IJ ' Fi through his attorneys, Meyers, Desfor, Saltzgiver &~Yl~anj$. files the following Answer to Plaintiff's Petition t:Q$ ~ /,::1 ~O-- - 5(") :s> W ."rn Authorization to Take Children on Trip and in suppor~th€feo~ =< U1 -< avers as follows. 1. No answer required. 2. Admitted, and by way of further answer, the Court Order speaks for itself. 3. Neither admitted nor denied. Proof thereof will be demanded at time of trial. 4. Neither admitted nor denied. Proof thereof will be demanded at time of trial. By way of further answer, Plaintiff has not previously advised Defendant regarding any arrangements made with either of the children's schools. 5. Neither admitted nor denied. Proof thereof will be demanded at time of trial. 6. Admitted. Defendant has previously advised Plaintiff that he is concerned for the children's safety in traveling outside of the country in light of the September 11th MEYERS, DESFOR, $AlTZGIVER & BOYLE 410 NORm SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 Ii . attacks and security issues. Defendant is especially concerned about the children's safety in boarding a plane for the return trip from Mexico. Defendant has previously advised Plaintiff regarding his concerns by correspondence of December 12, 2001. (See Exhibit "An). 7. Denied. Defendant denies that his objection to the children traveling outside of the country has been made in bad faith, in light of the September 11th attacks and their aftermath. In fact, Defendant is withholding his agreement in light of his concern for the children's safety. Furthermore, pursuant to the Court Order of July 20, 2000, paragraph 5, "the parties are entitled to have the children for two nonconsecutive weeks for vacation which shall be scheduled during the children's summer school break unless otherwise agreed between the parties." The parties have previously agreed that vacations should be taken during the summer school break. Additionally, the parties' son, Jordan, has recently been having problems in school, has claimed he doesn't like school, doesn't want to go to school, and cries about going to school on a daily basis. The parties have been working on this issue with Jordan and his counselor. Defendant does not believe it would be in Jordan's best interest to miss a week of school at this time. 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 1710B (717) 236-9428 . FAX (717) 236-2817 , r 8. Denied. Defendant has, in fact, incurred legal fees and expenses in defending himself against the within petition. Defendant denies that taking the children on this trip is in any way for their own benefit. Defendant believes that the safety of the children should come first and that they should not be permitted to travel outside of the country at this time. WHEREFORE, Defendant requests this Honorable Court deny Plaintiff's request for permission to take the children to Cancun, Mexico and award Defendant attorney fees and costs incurred in defending himself against the within petition. Respectfully r \ Laurie MEYERS, & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Defendant 4 MEYERS, DESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236.9428 . FAX (717} 236.2B17 LAW OFFICES MEYERS, DESFOR;SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 l. EMANITELM,EYERS 0915-1970) BRUCE-o. DESFOR LAURIE-A.SALTZGIVER CATHERINE A. BOYLE HARRISBURG, PA. 17108 (717) 236-9428 FAX 1717J ,236.2617 WF:BSlTE ,^"""",",.meyersdesfor.com EMA.1L lsq:ltzgiver@meyersdesfor.com cboyleCmeyersdesfor.com December 12, 2001 VIA FAX & U.S. MAIL Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 RE: Becker v. Becker Dear Sam: I received your corresponde~ce of December 5, 2001, and consent form. I have discussed this issue with Dave after forwarding the prior corresponde~ce on this issue. Dave has seriously pondered the issue of the children going out of the country, and in light of the September 11th attacks and the aftermath, Dave cannot agree to permit the children to travel out of the country. Additionally, taking the children out of school is not in compliance with the current Court Order which provides that vacation time "shall be scheduled during the summer school break unless otherwise agreed between the parties." In light of the current situation in the world today, Dave just cannot agree that the children can travel outside the country with a clear conscience, as he is concerned for the children's safety. Thank you for your attention. ~ ~~ Laurie A. S~9i LAS/elk cc: Dave Becker EXHIBIT I "A" , , /i 'I II II II :1 ;; " i , " VERIFICATION I, , verify that the David Becke+ " statements made in this Defendant's Answer to Plaintiff's Petition for Authorization to Take Children on Trip a~e true a~ci correc~ to the bes~ of r:-:y k:1owledge, infor:na,::.::::-: a.::c . ~. ,- r::E:_le::. I ;.:::derSCCi!1d t::a: fals~ sta:e~e~ts he~ei~ a~e ~a~e . . . ~. .- S~~:~~: c::: ~;.e F2~~~~~es ~= 1 ^ _c Pa. C.S. Section 4904, relac~~~ t~ ;':::S~2r~ falsi:icatic~ to a:.ltr:.c!:"ities. ::a~e:i: 12/20/01 ('v y1-/!-L - :?='ai~.,:iff x ) DE: f e::c.a.:l t MEYERS. DESFOR. SALTZGIVER & BOYLE 410 rJOATH 5ECOtJQ STRE:::T . PO BOx lG62 . HARAISBURG PA 1il08 1717: 2::<:-r!'4:e . F-\X ;71;": .?.J6-2817 , . LAURI A. BECKER Plaintiff IN THE COURT OF COl~I~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICAT I hereby certify on thiS'~ that a copy of Defendant's Answer to petition for Authorization to Take Children on Trip was mailed, first-class, postage pre-paid to: Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoy e, PA 17043 -_ f\ MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORlli SECOND SIAEtT .. P.O. BOX 1062 .. HARRISBURG, PA 17108 (717) 2:36-9428 .. FAX (717) 236-2817 ~ ~ [T1 ::0 .(Jl o :r' [T1 > i5 (j) ~ z ." iii ~"O!> '" :I: ~ ?J '" C ::0 m ~ (J) 0 91 ('))(....."FI o ,::!l ~. z 0 !:i ~ ore N (.n ~ ~ G) 'O;v - III S ;;; :0 1/1 m o ..( r [T1 j:"<'tit11[f.l ro. N\ll ;3 0 t11 S O. C '< Z (1) ::HP 0 f-' (1) 0 ti - X rr :J:' ::>""::l 'til-' ~ :J:'0\>-1(1) "".;tIl I-' (1)- ..., l-' o H\t':I "'" ("ttll W ::>""..0 C ro \-'- ("tti ti (1) (1) (1) ("t - , '~ .~~. . 1 :;:: fT1 -< fT1 ;u .00 o :r ~ fTI :>- 0 00 :u z "T] :u 0 0 iii~~:o~ ~~~~~ "Ozoro . -l ~ ;>- 0 f\) NUl 'oJ ~ G) '" o J:r <: Cll -l fT1 ;U ~ OJ o -< r fT1 ~'d:3: Pi. ID >i 0>-<: >i. ID f-'- >i rntorn t) 0 ' " >< >i t::J LQ >-' ID , 0 rn en..." 'dNO "" >i >-' -.l (f.) >-' Pi o I-' CO rt N LQ f-'. <: ID >i i<' to o '<: I-' ID '- ~ '~ II LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of , 20_, upon consideration of Defendant's Motion for Continuance, the conference scheduled for Thursday, December~27, 2001 at 2:15 p.m. is hereby continued to 20 at o'clock. BY THE COURT: J: MEYERS, DESFOR, SALTZGIVER " BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717' 236-9426 .. FAX (717) 236-2817 II LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW comes the Defendant, David J. Becker, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Motion for Continuance, and in support thereof avers as follows: 1. Movant is David J. Becker, Defendant in the above-captioned action (hereinafter referred to as "Father"). 2. Respondent is Lauri A. Becker, plaintiff in the above- captioned action (hereinafter referred to as "Mother"). 3. Mother filed a Petition for Authorization to Take Children on Trip on December 13, 2001. This Honorable Court issued an Order on December 18, 2001 scheduling a conference regarding said petition for December 27, 2001. (See Exhibit "A"). 4. Father's counsel, Laurie A. Saltzgiver, Esquire is out of town for the holidays during the week of the conference and will be unable to attend. Ms. Saltzgiver's partner, Catherine A. Boyle, Esquire, is also out of town for the holidays during that week and will be unable to fill in for Laurie A. Saltzgiver, Esquire. 5. Father requests that the conference sCheduled for December MEYERS, DESFOR, SALlZGIVER & BOYLE 410 NORTH seCOND STREET. P.D, BOX 1062 . HA~RISBUAG, PA 17106 (717) 236-9426 . FAX (717) 236-2817 II 27, 2001 be continued to a date and time when Father's counsel is available. this Honorable Court grant his Motion for Continuance and WHEREFORE, Defendant, David J. Becker respectfully requests 2001. reschedule the conference presently scheduled for December 27, Respectfully submitted, Laurie A. 1 MEYERS, DESFOR, & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236,9428 .. FAX (717) 236-2817 LAURI A. BECKER, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV~ CIVIL ACTION. LAW NO. 00-1706 CIVIL TERM DAVID J. BECKER, Defendant IN CUSTODY ORDER AND NOW this I~ day ~E" h'\J,~ ' 2001, a conference is hereby scheduled before the undersigned, in his chambers at the Cumberland County Courthouse on Plaintiff's attached Petition. The conference is to be held at";;.. "- (' o'clock fL.m.on "-rt:<I''iASt the ..27"+1. daYOfV~r~I'h/"~/?___ ,2001 and shall be attended by counsel for both parties. Both parties shall be available, in person or by telephone, to participate in the conference or answer questions that may arise at the conference. BY THE COURT, N8fT~2~ Distribution~ Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, P A 17043 Laurie A. Saltzgiver, Esquire (Attorney for Defendant) 410 North Second Street, Harrisburg, PA 17101 ~ ;:;.u;:: OQPY FROM RECORD li1T~j\'f~ lhereu ' ">i? too . at said' rt at ~: my ha~c f.--r "'y' . EXHIBIT r nAil LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY I hereby CERTIFICATE OF SERVICE~ certify on this ~day of , 2001, the foregoing Motion for Continuance was sent via that a copy crf facsimile to: The Honorable Edgar B. Bayley CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 / Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 ,. ,.r LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of , 20_, upon consideration of Defendant's Motion for Continuance, the conference scheduled for Thursday, Decembe~~27, 2001 at 2:15 p.m. is hereby continued to , 20 at o'clock. BY THE COURT: J. MEYERS, DESFOR,. SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9429 . FAX (717) 23S-2817 J r ... LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW comes the Defendant, David J. Becker, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Motion for Continuance, and in support thereof avers as follows: 1. Movant is David J. Becker, Defendant in the above-captioned action (hereinafter referred to as "Father"). 2. Respondent is Lauri A. Becker, Plaintiff in the above- captioned action (hereinafter referred to as "Mother"). 3. Mother filed a Petition for Authorization to Take Children on Trip on December 13, 2001. This Honorable Court issued an Order on December 18, 2001 scheduling a conference regarding said petition for December 27, 2001. (See Exhibit "A"). 4. Father's counsel, Laurie A. Saltzgiver, Esquire is out of town for the holidays during the week of the conference and will be unable to attend. Ms. Saltzgiver's partner, Catherine A. Boyle, Esquire, is also out of town for the holidays during that week and will be unable to fill in for Laurie A. Saltzgiver, Esquire. 5. Father requests that the conference scheduled for December I ~ MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STReET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9428 . FAX (717) 236-2817 ,r r 27, 2001 be continued to a date and time when Father's counsel is available. WHEREFORE, Defendant, David J. Becker respectfully requests this Honorable Court grant his Motion for Continuance and reschedule the conference presently scheduled for December 27, 2001. Respectfully submitted, Laurie A. 1 MEYERS, DES FOR , & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Defendant ~. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 238.9428 .. FAX (717) 236-2917 ~ vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI A. BECKER, Plaintiff CIVIL ACTION. LAW NO. 00-1706 CIVIL TERM DAVID J. BECKER, Defendant IN CUSTODY ORDER AND NOW this I~ day ~F h'lJ~_ ,2001, a conference is hereby scheduled before the undersigned, in his chambers at the Cumberland County Courthouse on Plaintiffs attached Petition. The conference is to be held aVo. "- (' o'clock -p- .m. on '--r/;;-fl'~,...( ~t the.:2 7'1-1. day of ~ r(" "",bf'J?-.. ' 2001 and shall be attended by counsel for both parties. Both parties shall be available, in person or by telephone, to participate in the conference or answer questions that may arise at the conference. BY THE COURT, N-8fr~t ~ Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 Laurie A. Saltzgiver, Esquire (Attorney for Defendant) 410 North Second Street, Harrisburg, PA 17101 !f ,;.JE OOPY FROM to.;::CORD' '-.'7~ n..... ....,. 'i~ ,. 00;01 w~, llJera unto set mv h"~- ;"? too . c{ said . rt al Carll&:!. . (t,., JIt ""'Y EXHIBIT I nAil LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 0 0 - 1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY I hereby CERTIFIC~ ~SRRVlCE .~ G certify on this J-\~day of ~02001, the foregoing Motion for Continuance was sent that a copy of via facsimile to: The Honorable Edgar B. Bayley CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 MEYERS, DESFOR. SALTZGIVER " BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 3: M -< M ;U (f) o J:' M )> 0 (f) ~ z 'TJ Iii g" 0): ~ :i! 9 ~ ~ AJ ~ ~ (J) 0 pl nx)>~ ~, ~ ~ ~ g ~ f\) N (J) ..... ~ (j) ~ E <: M ;0 II> OJ o -< r M t"''1:1lJ1rn roo tv III Z 0 lJ13 o C '<: zro ::ltdOf--' ro 0 ti -~:;5' '1:1>-' 0. :<>O'\,..,ro "'O;:Ul ro - f--' rntrJ rtUl ::o-.g rn 1-'- rtti ti ro ro ro rt >-' -..J o "" w '~ ~ '~ 0/ .. . LAURI A. BECKER plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 -1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of 20_, upon consideration of Defendant's Motion for Continuance, the conference scheduled for Thursday, Decembe~'27, 2001 at 2:15 p.m. is hereby continued to , 20 at o'clock. BY THE COURT: J. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 239-9429 .. FAX (717) 23(1-2817 / LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-1706 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW comes the Defendant, David J. Becker, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Motion for Continuance, and in support thereof avers as follows: 1. Movant is David J. Becker, Defendant in the above-captioned action (hereinafter referred to as "Father"). 2. Respondent is Lauri A. Becker, Plaintiff in the above- captioned action (hereinafter referred to as "Mother"). 3. Mother filed a Petition for Authorization to Take Children on Trip on December 13, 2001. This Honorable Court issued an Order on December 18, 2001 scheduling a conference regarding said petition for December 27, 2001. (See Exhibit "A"). 4. Father's counsel, Laurie A. Saltzgiver, Esquire is out of town for the holidays during the week of the conference and will be unable to attend. Ms. Saltzgiver's partner, Catherine A. Boyle, Esquire, is also out of town for the holidays during that week and will be unable to fill in for Laurie A. Saltzgiver, Esquire. 5. Father requests that the conference scheduled for December MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . PO. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 .. F)I.X (717) 2$-2817 " 27, 2001 be continued to a date and time when Father's counsel is available. WHEREFORE, Defendant, David J. Becker respectfully requests this Honorable Court grant his Motion for Continuance and reschedule the conference presently scheduled for December 27, 2001. Respectfully submitted, Laurie A. 1 MEYERS, DESFOR, & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Defendant ~ MEYERS, DESFOR. SALTZGIVER & BOYLE 410 NORm SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236.9428 .. FAX (717) 236-2817 / vs. ) ) ) ) ) ) ) ) ) IN THE COuRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI A. BECKER, Plaintiff CIVIL ACTION - LAW NO. 00-1706 CIVIL TERM DAVID J. BECKER, Defendant IN CUSTODY ORDER AND NOW this ,P--I-L--. day ~"'f' h-\J~ ,2001, a conference is hereby scheduled before the undersigned, in his chambers at the Cumberland County Courthouse on Plaintiff's attached Petition. The conference is to be held at,.,:7: /... \ o'clock -p-.m. on '-rt'Nl '>...-I~t the .;)7'1-1. day of ~r€" """J.,f"/?_ ,2001 and shall be attended by counsel for both parties. Both parties shall be available, in person or by telephone, to participate in the conference or answer questions that may arise at the conference. BY THE COURT, N8fr~t.~ Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, P A 17043 Laurie A. Saltzgiver, Esquire (Attorney for Defendant) 410 North Second Street, Harrisburg, PA 17101 "An EXHIBIT I LAURI A. BECKER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 0 0 - 170 6 DAVID J. BECKER Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE . ~ ~ . I hereby certify on this ~day of ~02001' that a copy of the foregoing Motion for Continuance was sent via facsimile to: The Honorable Edgar B. Bayley CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 ~ I ! MEYERS, DESFOR. $ALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 2.36.942B . FAX (717) 236-2817 ~ LAURI A. BECKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-1706 CIVIL ACTION LAW DAVID J. BECKER, Defendant IN CUSTODY ORDER OF COURT .! ,/ AND NOW, thisZ---"1 day of ,1 i'\.ti(I">C, ,2092, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. Paragraph 3 of the prior Order of this Court dated June 20, 2000 is modified so that the Father's alternating weekend periods of custody shall end on Sunday at 9:00 p.m. when there is school the following day and on Monday at 10:00 a.m. when there is no school on Monday. 2. Unless otherwise agreed between the parties, all exchanges of custody shall take place in the parking lot of the Kmart located on the Carlisle Pike in Mechanicsburg, as close to the main doors of the store as possible. BY THE~<;:_OURTA /:7:? /';P ,. , t. J. / cc: Laurie A. Saltzgiver, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother ~ ~ 4- 01-0-'-' ().. ~ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION LAW 00-1706 LAURI A. BECKER, Plaintiff DAVID J. BECKER, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaitlin Becker Jordan Becker November 16,1989 March 25,1994 Mother Mother 2. A Conciliation Conference was held on March 13, 2002, with the following individuals in attendance: The Mother, Lauri A. Becker, with her counsel, Samuel L. Andes, Esquire, and the Father, David J. Becker, with his counsel, Laurie A. Saltzgiver, Esquire. 3. At the Conference, the Mother requested a modification of the current Order to establish an exchange time for return of the Children following the Father's alternating weekends on Sunday evening and to specify a public place for exchanges of custody so that exchanges would no longer take place at the Father's residence. 4. The Conciliator submits a proposed Order in the form as attached reflecting the parties' agreement on the exchange time for alternating Sunday evenings and the Conciliator's recommendation as to a public place for exchanges of custody. It should be noted that the Father objects to exchanges at any place other than the parties' residences as he believes it is neither necessary nor in the Children's best interest. The recommendation is based upon discussions at the Conference concerning an incident in which the police were contacted (not during the exchange) in response to the Father's complaint that the Mother drove through his yard at the time of an exchange and upon the and upon the escalating antagonism between the parties in general. The Conciliator strongly recommended that the parties reinitiate co-parenting counseling to develop at least minimal cooperation for the sake of the Children. l~ch Date I y, dO();:r . ~~~~ Dawn S. Sunday, Esquire Custody Conciliator :;:: 1"1 -< 1"1 :0 en o :J:' 1"1 :> 0 en ~ z II (fJ g... 0 r ; :i! p.?J ~ c .~ ~ ~ (J) ~ \.l' O)()>-it -0 ~ (5 r () ?'" 0 (J) -I f"1 N N 00 'oJ ~ G) 01f <: .. -l 1"1 :0 ~ m o -< r 1"1 ~'1:13: 11>. (l) ti 0'< 'i' (l) 1-" ti tJl t:d tJl tr 0 - <:: X ti tl l!:i >-' (l) - 0 tJl "',." '1:1000 ;l; ti >-' --.J CIl >-' PJ 0 f-' CO rt N l!:i 1-" '" (l) ti I?> t:d 0 '< f-' (]) ~ , -- '-~ '~ 'm