HomeMy WebLinkAbout97-00984
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I~ VACATION REQUEST
DiZess ~Oil Less
ASSOCIATE NAME: ~JJE1 SffI RJJER
STORE# 9'7), DEPn 1J'l:l. fltJrEL ~
SEE BACK FOR INSTRUCTIONS
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FROM '7-/~- 19 THRU ,/-/(,- 99
(ONE WEEK PER REQUEST UNLESS THE WEEKS ARE CONSECUTIVE)
ASSOCIATE # 0 ", '7 OK
DATE: ,,1I"/f9
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MANAGEMENT PAYROLL 0
HOURLY PAYROLL 0
NO. OF DAYS
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O . CHECK BOX IF
ADVANCE VACATION
PAY REQUESTED
(Send to Payroll 3
weeks in advance,)
~1i1pio)y:_
HAVE A GREATTIME':dl'
MANAGER'S APPROV~L /I.. ~d "-
. All advance vacation checks will be received on the Friday preceding your vacation,
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AVERAGE HOURS WORKED EACH WEEK
ASSOCIATE SIGNATURE: ~
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SEND TO PAYROLL SPECIALIST
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Less ~Oil LeSS VACATION REQUEST
ASSOCIATE NAME: JRAlE:i Sr"!}/? AlER
STORE# 9'7:1. DEPT# IJI/;/ ll/J/EL :2.
SEE BACK FOR INSTRUCTIO
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FROM f- .n- 'If THRU f -';}'l-1'l
(ONE WEEK PER REQUEST UNLESS THE WEEKS ARE CONSECUTIVE)
ASSOCIATE # tJ6/1ot-
DATE: cl-/6- 99
MANAGEMENT PAYROLL
HOURLY PAYROLL
NO, OF DAYS
~
o . CHECK BOX IF
ADVANCE VACATION
PAY REQUESTED
(Send to Payroll 3
weeks in advance.)
AVERAGE HOURS WORKED EACH WEEK
ASSOCIATE SIGNATURE: -ffmoi:
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MANAGER'S APPROVA
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All advance vacahon checks will be rccOlved on the Friday preceding your vacation.
SENDTO PAYROll SPFr.IAIIST
SHERRIE ANN STARNER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
.
.
BRIAN WESLEY STARNER,
Defendant
NO. 97-0984 CIVIL TERM
ORDER OF COURT
AND NOW, this '2.1Il~ day of April, 1998, upon consideration of
Defendant's Petition, a Rule is hereby issued upon the Plaintiff to
show cause why the relief requested should not be granted.
RULE RETURNABLE within 10 days of service.
BY THE COURT,
Joan Carey, Esq.
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
Michael A. Scherer, Esq.
17 West South Street (',
Carlisle, PA 17013 .':\ ")
- , "
Attorney for Defendant '.,
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Carol J. Lindsay, Esq. ,
<,'
11 East High Street " ,
Carlisle, PA 17013 ,
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'11" /98, ., :,1 : J
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SHERRIE ANN STARNER,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-984 CIVIL TERM
PROTECTION FROM ABUSE
BRIAN WESLEY STARNER,
Defendant
ORDER OF COURT
AND NOW, upon review of the Defendant, Brian Wesley Starner's Petition
seeking the return of certain firearms confiscated by the Cumberland County Sheriff in
connection with the above-captioned matter, a hearing is set on the Petition for
, the
day of
, 1998 at
a,m/p,m, in Courtroom No,
of the Cumberland County Courthouse, Carlisle,
Pennsylvania,
BY THE COURT,
J,
6 The Cumberland County Sherifl's Depanment is ordered to maintain custody of the
weapons confiscated from the defendant for the duration of this Order, and the defendant is prohibited
from acquiring or possessing any weapons lor the tenn oflhis Order,
7, The defendant made an interim suppon payment to the plaintiff for the panics' tllO
minor children in the amount of $400,00 ($100,00 per week) retroactive from February IS, 1997, the
date the plainliffand the panics' two children lell the marital home, through :>'Iarch 14, 1997, by check
made payable to the plainliffwhich she received on March II, 1997, at the offices of Legal Ser.ices,
Inc. By agreement of the panies, this $400,00 payment completely satisfies the defendant's Ileekly
suppon obligation from the date the plaintiff filed for suppon, February 20, 1997, through March 14,
1997. The defendant shall continue to make weckly suppon payments each Friday payable to the
plaintiff in the fonn of a check or money order, mailed to her mailing address at P,O. Box 81,
Gardners, P A 17324-0081, at the amount delennined by the Cumberland County Domestic Relations
Order pending gamishment of his wages,
8, Coun costs and fees are waived,
9, This Order shall remain in effect for a period of one (I) year and can be e:\1ended
beyond that time if the Coun finds that the defendant has committed an act of abuse or has engaged ill
a pattern or praclice that indicates risk of hann to the plaintill~ This Order shall be enforceable in the
same manner as the Coun's prior Temporary Protection Order entered in this case This order may be
modified or cancelled at any time by the plaintiffs initiative
10, This Order may subject the defendant to. i) arrest under :3 Pa,C,S, ~6113; ii) a private
criminal complaint under 23 Pa,r.S. g611ll; Hi) a charge of indirect criminal contempt under 23
PaC.S, ~6114, punishable by imprisonment up to SLX months and a fine ofS1OOOO.S1.000,OO, and iv)
civil contempt under 23 Pa,C.S. ~6114.1.
II. The Pcnnsylvania State Police and any other appropriate police department shall be
provided ....ith a cenified copy of this Order by thc plaintiffs allorney and may enforce this Order by
arrcst for indirect criminal contempt \\;thout warrant upon probable cause that this Order has been
violated, whether or not the violation is committed in the presence of the police officer, In the event
that an arrest is made under this section, the defendant shall be taken without unnecessary delay before
the court that issucd the order, When that coun is unavailable, the defendant shall be taken before the
appropriate district justice. (23 Pa.C.S. ~6113).
By the Coun.
/~J, ~~r a f~A ~
'J. "'estey Oler. Jr., Ju e '
Joan Carey
LEGAL SERVICES. INC.
Attorney for Plaintiff
TRUE COpy FROM RECORD
I" ~~$~:ir,(,~y ",::mol, I hare unto set my It;nd
, . .' 1~;J se~! ~: ~~:t1 CIJU~ at Canlslo, Pl.
tJ!/ . ~?! ff?JtA-~ ~
_ .VI . fulti.LL J' .
,J Proth6notarv
William S. Daniels
HUMER& DANIELS
Attorney for Defendant
I
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SHERRIE ANN STARNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97.984 CIVIL TERM
PROTECTION FROM ABUSE
v,
BRIAN WESLEY STARNER,
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on March ~ , 1998, I, Jennifer S, Calaman secretary to
Michael A, Scherer, Esquire, did serve a copy of the Petition, by first class U,S, mail,
postage prepaid, to the party listed below, as follows:
Joan Carey, Esquire
Legal Services, Inc.
a Irvine Row
Carlisle, Pennsylvania 17013
Carol Lindsay, Esquire
Flower, Morgenthal, Flower & Lindsay
11 East High Street
Carlisle, Pennsylvania 17013
,
;
Thc dcfcndant is cnjoined from removing, damaging, destroying or selling any property owned
jointly by thc partics or owned by thc plaintiff
A violation of this Ordcr may subject the dcfendant to: i) arrest under 23 Pa,C.S. *61\3; ii) a
privatc criminal complaint under 23 Pa,C.S, *61\3,1; iii) a charge of indirect criminal contcmpt undcr
23 Pa,C,S. *6114, punishablc by imprisonmcnt up to six months and a finc 01'$100,00-$1,000.00; and
iv) civil contcmpt undcr 23 Pa.C.S, *6114.1. Rcsumption of co-rcsidcncc on the part of the plaintifi'
and dcfcndant shall not nullify thc provisions of the court ordcr.
This Ordcr shall rcmain in effect until modified or tcnninated by thc Court and can be extcnded
beyond its original cxpiration datc if the Court finds that thc dcfendant has committed an act of abuse
or has cngaged in a pattcm or practice that indicatcs risk ofhann to thc plaintiff.
Tcmporary custody of Brian Dcnnis Howard Stamcr and Samantha Ann Stamcr, is hcrcby
awarded to thc plaintiff. Shcrric Ann Stamer,
The defendant is ordcred to relinquish to thc shcriffs department any wcapons which hc owns
or possesses, and thc dcfendant is prohibited from acquiring or possessing any wcapons for thc
duration of this Ordcr.
A HEARING SHALL BE HELD ON THIS MAlTER ON '7?7tl.Il.('I!..J 7- ,1997,
AT 1/: 0 0 11- .M" IN COURTROOM NO",[," OF THE CUMBERLAND COUNTY
COURTHOUSE, CARLISLE, PENNSYLVANIA.
The plaintifi' may proceed without prc-paymcnt of fees pcnding a further ordcr aftcr thc
hearing,
SHERRIE ANN STARNER.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-_t8'-/-_ CIVIL TERM
BRIAN WESLEY STARNER,
Defcndant
PROTECTION FROM ABUSE
PETITION FOR PRon:CTION ORDER
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa,C.S, *6101 ct scq.
A. ABUSE
I. Thc plaintiff, Shcnic Ann Stamcr, is an adult individual temporarily residing at \3 \3
Wcnksville Road, Biglerville, Adams County, Pcnnsylvania 17307,
2, Thc dcfcndant, Brian Wcslcy Stamcr (SSN: 190-52-2565) (008:5/09/62), is an adult
individual residing at 1328 Goodyear Road, Gardners, Cumberland County, Pennsylvania 17324.
3, Thc dcfendant is thc husband of thc plaintiff and thc fathcr of thc parties' two minor
childrcn, Brandon Dcnnis Howard Stamcr and Samantha Ann Stamer.
4, Since approximatcly 1995, thc defcndant has attcmpted to cause and has intcntionally,
knowingly, or recklessly caused bodily injury to thc plaintiff, has placed the plaintiff in reasonable fear
of imminent serious bodily injury, has knowingly engaged in a course of conduct or repeatedly
committed acts toward the plaintiff undcr circumstances which have placed the plaintiff in reasonable
fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse:
a) On or about Fcbruary 15, 1997, thc dcfcndant held his fist near the side of the
plantifl's head in a threatening manncr, Whcn thc plaintiff wcnt to her bedroom to
avoid furthcr abuse and threats of abuse, the defendant followed her, pushed and
shoved her aboutthc room causing hcr to fall againstthc drcsser, bed, and wall, As thc
plantiff walked up thc stairs, thc dcfcndant pushed hcr from behind, knocking hcr into
the wall. Thc dcfcndant grabbed the plantift' by thc shoulders and pushed her into the
son's bedroom whcrc hc shoved hcr into thc bunkbed, Whcn thc plantifftried to leavc,
thc defcndantthreatcned hcr saying, "('II blow you the fuck away." The plantiff heard
thc defcndant pump thc cylindcr of his rinc, eausing hcr to ICar for her safety. As thc
plaintiff was leaving thc house, shc saw thc dcfcndant loading wnmunition into his
handgun. Thc dcfendant followed thc plaintil1: who attcmped to leave the house with
the childrcn and rcpeatedly pushed hcr away from thc door. When thc plaintiff was
able to get away from thc dcfendant, shc telcphoned 911 lor help, got in hcr car and
drovc away, Thc Pcnnsylvania Statc Police rcsponded, Thc plaintiff took thc parties
children and moved to a safc place for her own protection and to avoid ful1hcr abuse,
b) (n or aboutthc summcr of 1996, thc dcfcndanttreatened the plaintiff saying, "If
you cvcr leavc, ('II comc aIlcr you and kill you or ('II have someone do it for me,"
c) Sincc approximatcly ] 995, thc dcfcndant has abused the plaintiff approximately
oncc a month in ways including, but not limited to, pushing and shoving hcr about,
grabbing her and shaking her, and rcstaining her, In addition, thc defcndant has thrown
objects including a tapc measurc, and a roll of duct tape at the plaintiff eausing her to
havc to movc to avoid being hit by thc objects,
5, On or about Fcbruary ] 5, 1997, thc plaintiff and thc partics' two minor children left
thcir residence at 1328 Goodyear Road, Gardncrs, Cumberland County, Pcnnsylvania, in order to
avoid ful1hcr abuse,
6, The plaintiffbelicves and therelbre avers that she is in immediate and prCSt.'I1t danger of
abuse from the defendant and that she is in need of protection from such abuse.
7, The plaintiff desires that the dcfendant be prohibit\.-d from having any direct or indircct
contact with the plaintiff including. but not limited to, telephonc and wrine!1 communications,
8, The plaintiff desires that the dcfcndant be enjoined from harassing and stalking her, and
from harassing her relatives, or the minor children,
9, The plaintiff dcsires that thc dcfendant be restrained from entering her place of
employment or school or day care facility of the minor children,
] O. The plaintiff desires that the defendant be enjoined from removing. damaging.
destroying or selling any property owned jointly by the partics or owned by the plaintilI
11. The plaintiff desires that any wcapons the defendant owns or possesses be confiscated
by the Sheriffs Department and that the defendant be prohibited from acquiring or possessing any
weapons for the duration of the Temporary Protcction Ordcr,
R. EXCLUSIVE POSSESSION
12, Thc home from which the plaintiff is asking the Court to order thc defendant to stay
away from is rented in the names of Shirley Kress and Harry Smith. and the defendant has ncver
resided there,
] 3. The plaintiff desires the defendant to provide suitable alternate housing for her and the
parties' minor children,
C. SlJPPORT
14, The defcndant has a duty to support thc parties' minor children,
22. The plaintiO' has no knowledge of any custody proct'Cdings concerning these children
pcnding before a court in this or any other jurisdiction,
23. The plaintiff does not know of any person not a party to this action who has physical
custody of the children or claims to have custody or visitation rights with respect to the children.
24. The best interests and pcnnanent welfare of the minor children will be met if custody is
temporarily granted to the plaintiffpcnding a hearing in this mailer filr reasons including:
a, The plaintiff is a responsible parent who can best take care of
the minor children and who has provided for the emotional and
physical needs ofthe children since their births.
b, The defendant has shown by his abuse of the plaintiff that he is
not an appropriate role model for the minor children,
c. The defendant's behavior ha~ adversely affected the children,
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of Octo her 7,
1976, 23 P.S. ~6101 ~ ~" as amended, the plaintiff prays this Honorable Court to grant the
following relief:
A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:"
), Ordering the defendant to refrain from abusing the plaintiff or from
placing her in fear of abuse;
2. Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff including. but not limited to, telephone and wrinen
communications;
3. Ordering thc dcfendant to rclTain trom harassing and stalking thc
plaintiff and from harassing hcr rclatiVl.'s and thc partics' minor childrcn;
4. Prohibiting thc dcfcndant from entering thc plaintill's place of
employmcnt and the school and day eare facility of the partics' minor children;
5, Prohibiting thc defendant from removing, damaging, destroying or
selling property jointly owned hy the parties or owned by the plaintiff;
6, Ordering thc defcndant to stay away from thc plaintiffs currcnt
rcsidcnce located at 1313 Wenksvillc Road, Biglcrvillc, Adams County,
Pcnnsylvania, which thc partics have never shared, and ordcring thc dcfendant
to stay away from any rcsidcnce thc plaintill' may in the future cstablish for
hcrself;
7, Ordering thc dcfendant to providc suitable altcmate housing for thc
plaintiff and thc minor childrcn;
8, Granting temporary custody of thc partics' minor children to thc
plaintiff;
9, Ordcring thc dcfcndant to relinquish to the shcriffs departmcnt any
weapons which he owns or possesses, and prohibiting thc defcndant from
acquiring or possessing any othcr weapons for thc duration of thc Tcmporary
Protection Ordcr.
B, Schedulc a hearing in accordancc with thc provisions of thc "Protection from Abuse
Act," and, after such hearing, entcr an ordcr to be in cffect for a period of one year:
1. Ordering the defendant to refrain from abusing the plaintitr or from
placing her in fear of abuse.
2. Ordering the defendant to refrain from having any direct or indirect
contact with the plaintil1' including. but not limited to, telephonc and written
communications, cxccpt for thc limited purpose of facilitating custody
arrangcmcnts,
3, Ordcring thc dcfendant to rcfrain from harassing and stalking thc
plaintiff and tTom harassing her relatives and thc parties' minor children.
4. Prohibiting thc defendant from cntcring thc plaintiff's place of
cmploymcnt or thc school or day care facility of the parties' minor children.
S. Prohibiting thc dcfcndant tTom rcmoving. damaging. dcstroying or
selling property jointly owned by thc parties or owned by the plaintiff.
6, Ordering thc dcfendant to stay away from thc plaintifl's current
residcncc located at 1313 Wenksvillc Road, Biglervillc, Adams County,
Pcnnsylvania, which thc partics havc ncvcr shared, and ordering thc dcfendant
to stay away tTom any residencc thc plaintiff may in thc future establish for
herself.
7, Ordering the dcfendant to providc suitable alternate housing for the
plaintiff and thc parties' minor childrcn.
8. Ordcring thc dcfcndant to relinquish to the sheriff's department any
wcapons which hc owns or possesses, and prohibiting thc defendant from
acquiring or possessing any othcr weapons for thc duration of thc Protection
Ordcr.
9. Granting support to thc plaintiff for thc partics' minor childrcn in thc
amount 01'$100.00 pcr week payablc to thc plaintilfin thc fonn ofa check or
moncy ordcr, mailed to hcr rcsidcncc; ordcring thc dcfcndantto providc health
coveragc to thc plaintilf and thc partics' minor childrcn; ordcring thc dcfcndant
to pay all of thc unrcimburscd medical cxpcnses of thc partics' minor childrcn
to thc providcr or to the plaintiff when shc has paid for thc medical treatment,
and ordcring the defendant to make or continue to makc mortgage payments
on thc marital rcsidcnce located at 1328 Goodyear Road, Gardners, wherc he
continues to reside,
10, Ordering the defendant to pay $250.00 to Cumberland County, cne of
Legal Services, Inc.'s funding sources, in lieu of allomcys' fees, as
reimbursement for the cost of litigating this case and assessing the $25,00
surcharge and court costs to the defendant if the case goes to hearing,
II. Granting temporary custody of the partics' minor children to the
plaintiff.
The plaintiff further asks that this Petition be filed and served without payment of fees and
costs by the plaintiff, pcnding a further order at thc hearing, and that a certified copy of this Petition
and Order be delivered to the Pcnnsylvania Statc Police and any other appropriate police departments
which have jurisdiction to enforce this Order.
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6. The Cumberland County Sherill's Department is order\.-d to maintain custody of the
weapons confiscated from the defendant for the duration ofthis Order, and the defendant is prohibited
from acquiring or possessing any weapons lor the tern! ofthis Order,
7. The defcndant made an interim support payment to the plainlilf for the parties' two
minor children in the amount of $400,00 ($100.00 per week) retroactive from Februll/)' IS, 1997, the
date the plaintiff and the parties' two children lellthe marital home, through March ]4, 1997, by cheek
made payable to thc plaintiff which she reeeived on March II, 1997, at the olIices of Legal Services,
Inc. By ab'l'eement of the parties, this $400.00 payment completely satisfies the defcndant's weekly
support obligation from the date the plaintill'fiIed for support, February 20, 1997, through March 14,
1997, The defendant shall continue to make weekly support payments each Friday payable to the
plaintiff in the fonn of a check or money order, mailed to her mailing address at P.O. Box 81,
Gardners,PA 17324-0081, at the anlOunt detennined by the Cumberland County Domestic Relations
Order pending garnishmcnt of his wages,
8. Court costs and f\.'Cs are waived.
9, This Order shall remain in effect for a period of one (I) year and ean be extended
beyond that time if the Court finds that the delcndant has commilled an act of abuse or has engaged in
a pallem or practice that indicates risk of hann to the plaintilf This Order shall be enforceable in the
same manncr as the Court's prior TempoI'll/)' Protection Ordcr entered in this case. This order may be
modified or cancelled at any time by the plaintill's initiative.
10. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. 96113; ii) a private
criminal complaint under 23 l'a.C.S, 96113,]; iii) a charge of indirect criminal contempt under 23
6. Thc partics shall altcrnatc thc following holidays Irom 1):00 a,m, until 6:00 p.m.:
Mcmorial Day, July 4th, and Labor Day, Thc father shall begin thc sch~'<Iulc with Memorial Day, 1997.
In thc event that thcrc is a conniet between the weekcnd and holiday schedulcs, thc holiday schedule
shall supersede thc weekend schedule.
7, Thc partics shall share Eastcr, Thanksgiving Day, and Ncw Year's Day as follows:
The father shall have the childrcn from 9:00 a,m, until 1:00 p.m on Easter, and thc mother shall havc
the children from 1:00 p.m, until 5:00 p,m.; thc fathcr shall have thc children from 9:00 a.m, until 3:00
p.m. on New Year's Day and thc mothcr shall havc thc childrcn from 3:00 p,m" and on Thanksgiving
Day thc fathcr shall havc thc childrcn Irom 3:00 p,m. until thc lollowing day (Friday) at 7:00 p.m.
unless it is his weekcnd to havc thc childrcn whcn hc shall rcturn thcm on Sunday at 5:00 p,m,
8, The partics shall a1tematc sharing thc Christmas holiday with onc parcnt having thc
childrcn from noon on Christmas Evc until noon on Christmas Day, and thc othcr parcnt having thc
children from noon on Christmas Day until noon on Decembcr 26, Thc mothcr shall havc the children
on Christmas Evc in 1997,
I), Thc mothcr shall havc thc childrcn on Mothcr's Day from 9:00 a.m until 6:00 p.m, and
thc father shall havc thc childrcn on Father's Day from 9:00 a.m, until 6:00 p,m This arrangement
shall supersedc thc weekcnd schedule.
10, Each parcnt shall havc the right to one week of vacation with thc childrcn (including
two weekends) during thc summcr with 30 days notification to the other parent of the intended
vacation period, Ncither parent shall takc thc childrcn out ofPcnnsylvania without providing the other
with thc addrcss and tclcphonc number of thc vacation destination whcrc they can be reached in the
cvcnt ofan cmcrgcncy,
I~
rcsidcnce thc plaintiff may in thc future cstablish filr hcrscll: except for thc limitl.'lI purpose of
transfcning custody.
6. Thc dcfcndant agrl.'Cs that thc weapons conliscatl.'tl by thc Cumberland County
Shcrin's Dcpanmcnt will rcmain in thc Dcpartmcnt's custody lor thc duration ofthc Protection Ordcr,
and thc dcfcndant agrees not to acquirc or possess uny wcupons for thc tcon ofthc Protection Ordcr,
7. Thc dcfcndantugrees to puy intcrim support to thc plaintilTfor thc panics' two minor
childrcn in thc amountof $1 00,00 pcr week rctrouctivc Irom Fdmmry IS, 1997, thc datc thc pluintin'
and thc partics' two childrcn Icll thc marital homc, Thc dcfcndarll agrees to makc intcrim support
paymcnts payablc to thc plaintilT in thc fonn of a check or moncy ordcr, rt1lIiled to hcr mailing addrcss
at P.o. Box 81, Gardncrs, PA 17324-0081. Thc first paymcnt at thc forcgoing ratc for thc period
starting February 15, 1997, through March 14, 1997, is madc hcrcwith by thc dcfcndant, thc receipt of
which is hcreby acknowledged by thc plaintill; with subSt.'tJucnt weekly paymcnts at thc amount
detcnnincd by thc Cumbcrland County Domcstic Relations Ordcr to bc madc by thc dcfcndant each
Friday thcrcal\cr pcnding gamishmcnt of his wagcs,
8, Thc dcfcndant, although cntcring into this Agrl.'Cmcnt. docs not admit thc allegations
madc in thc Pctition,
9, Thc dcfcndant undcrstands that this Protection Ordcr cntcred in this mattcr will be in
clTect for a period of onc (I) year and can be extcnded beyond that time if thc Court finds that thc
dcfcndant has committl.'lI an act of abusc or has cngagl.'lI in u pattcrn or practicc that indicates risk of
hann to thc plaintiff. Thc dcfcndant undcrstands that this Ordcr will bc cnforceablc in thc samc
manncr as thc Court's prior Tcmporary Protection Ordcr cntered in this case, This Order may be
modilk'll or cancellcd at any timc by thc plaint ill's initiativc
10, Violation of the Protection Order may subject the delendant to: i) amost under 23
l'a,C,S. ~6113; ii) a private criminal complaint under 23 Pa,C,S, ~6113.1; iii) a charge of indirect
criminal contempt under 23 Pa.eS ~6114. punishable hy imprisonment up to six months and a line of
$ I ()(),()()-$ I ,000,00; and iv) civil contempt under 23 l'a.C.S, ~6114,1.
II, The defendant and the plaintifi' agrcc to the entry of an Order providing for the
following custody schedule for their children, Brandon Dennis Howard Stamer and Samantha Ann
Stamer,
a) The parties will share legal custody of the children.
b) The mother will have primary physical custody of the children.
c) The father will have partial costody of the children for thrcc consecutive weeks
on Saturdays from 3:00 p,m. until 7:00 p,m" commencing March 8, 1997. After the
thrcc week period. the father will have custody of the children on alternating weekends
from Saturday at 3:00 p.m. until Sunday at 5:00 p,m., and on such other dates and at
times mutually agn.'Cd upon by the parties, The parties will notify cach other 24 hours
in advance of any changes to the schedule,
d) The mothcr will deliver the children to the paternal grandparents' residence and
the father or his parents will return the childrcn to the mother's residence,
e) The lather will not use alcohol within 12 hours prior to, or during his periods of
custody with the children,
t) The parties will alternatc the following holidays from 9:00 a,m. until 6:00 p.m.:
Memorial Day, July 4th, and Labor Day, The father will begin the schedule with
Mcmorial Day, 1997, In thc cvcnt that thcrc is a connict bctween thc wl.'Ckcnd and
holiday schedulcs, thc holiday schedulc will supcrsedc thc weekcnd schedulc.
g) The panics will sharc Eastcr, Thanksgiving Day, and Ncw Year's Day as
fbllows: The fathcr will havc thc childrcn IrOln 9:00 a,m, until 1 :00 p.m, on Easter, and
thc mothcr will havc thc childrcn from 1 :00 p,m, until 5:00 p.m,; thc fathcr will havc
the children from 9:00 a,m. until 3:00 pm, on Ncw Year's Day and the mothcr will
havc thc childrcn from 3:00 p,lI1., and on Thanksgiving Day thc fathcr will havc the
childrcn from 3:00 p.rn. untilthc following day (Friday) at 7:00 p,m. unlcss it is his
weekcnd to have the childrcn when hc will return thcm on Sunday at 5:00 p.m,
h) Thc panics will altcmate sharing thc Christmas holiday with onc parent having
the children from noon on Christmas Eve until noon on Christmas Day, and the othcr
parent having thc children from noon on Christmas Day until noon on Deccmbcr 26.
The mothcr will have thc childrcn on Christmas Eve in 1997.
i) The mothcr will have thc childrcn on Mothcr's Day trom 9:00 a.m. until 6:00
p,m. and the father will have the childrcn on Fathcr's Day from 9:00 a,m. until 6:00
p,m, This arrangcmcnt will supcrsedc thc weekcnd schedulc.
j) Each parcnt shall havc thc right to one wcck of vacation with thc childrcn
(including two weekcnds) during thc summcr with 30 days notification to the othcr
parent of the intcnded vacation pcriod. Ncithcr parcnt will takc thc childrcn out of
Pcnnsylvania without providing thc othcr with thc addrcss and telcphonc numbcr ofthc
vacation dcstination whcrc they can bc rcached in thc cvcnt of an emcrgency,
SHERRIE ANN STARNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-984 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
v,
BRIAN WESLEY STARNER,
Defendant
PETITION TO MODIFY CUSTODY
AND NOW, comes the Petitioner, Brian Wesley Starner, the Defendant in the
above captioned action, by and through his attorney, Michael A. Scherer, Esquire, and
respectfully represents as follows:
1, Your Petitioner, Brian Wesley Starner (hereinafter ''father''), is the
Defendant in the above captioned action, and he presently resides at 132B Goodyear
Road, Gardners, Cumberland County, Pennsylvania,
2, The Respondent is Sherrie Ann Starner (hereinafter "mother"), who is the
Plaintiff in the above captioned action, and her present mailing address is
Pennsylvania, 17072,
3. The parties, who are separated and awaiting a divorce, are the parents of
two minor children, Brandon Dennis Howard Starner, born April 22, 1991 and
Samantha Ann Starner, born February 17, 1996,
4, The custody rights of the parties have been established by Court Order
dated March 13, 1997, which is attached hereto and marked as "Exhibit A."
5, By virtue of the March 13, 1997 Order, the mother has primary physical
custody of the children, while the father has partial physical custody of the children on
alternating weekends and on many holidays,
SHERRIE ANN STARNER,
Plaintiff
: IN THE COliRT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 97-98-1 CIVIL TERM
BRIAN WESLEY STARNER,
Defcndant
. PROTECTION FRO~I ABUSE
ellSTODY ORDER
AND NOW, this ~ of ~larch, 1997, upon considcration of the panics' Conscnt
Agreement, the follol'.ing Order is entered \\ith regard to custody of the panies' childrcn, Brandon
Dennis Howard Stamer and Samantha Ann Stamer.
1. The plaintiff. hereinafter rcferred to as thc mother, and the defendant, hcrcinafter
referred to as the fathcr, shall share legal custody of the childrcn,
2. The mother shall have prirruuy physical custody of the childrcn.
3. The father shall have panial custody of thc children for three consecutivc weeks on
Saturdays from 3:00 p,m. until 7:00 p,m., commencing March 8, 1997, After thc three weck period,
thc father shall have custody of the childrcn on altcrnating weekcnds from Saturday at lOO p,m until
Sunday at 5:00 p,rn., and on such othcr dates and at times mutually agreed upon by thc panics The
panics shall notify cach other :!-I hours in advancc of any changcs to thc schedule,
4. The mother shall dclivcr the ~hildren to the patcrnal grandparents' rcsidencc and thc
fathcr or his parcnts shall rcturn thc ~hildren 10 the mother's rcsidcnce
5, The lather shall nl't use alcohol \lithin I:! hours prior to, or during his pcriods of
custody with the childrcn
EXHIBIT "A"
6, The panics shall alternate the following holidays from 9:00 a,m, until 6:00 p,m.:
Memorial Day, July 4th, and Labor Day, The father shall begin the schcdule with Memorial Day, 1997,
In the event that there is a conllict between the weekend and holiday schedules, the holiday schedule
shall supersede Ihe weekcnd schedule.
7, The parties shall share Eastcr, Thanksgi~ing Day, and New Ycar's Day as follows,
The father shall have the children from 9:00 a,m, until 1:00 p,m. on Easter, and the mothcr shall have
the children from J:oo p.m, until 5:00 p,m,; the father shall have the childrcn from 9,00 a,m, until):OO
p.m. on New Year's Day and the mother shall have the childrcn from 3:00 p,m" and on Thanksgiving
Day the Iiuher shall have the children from 3:00 p,m, until the fbUol~ing day (Friday) at 7:00 p.m.
unless it is his weekend to have the children when he shall return them on Sunday at 5:00 p,m.
8, The parties shall alternate sharing thc Christmas holiday with one parcnt having the
children from noon on Christmas Eve until noon on Christmas Day, and the other parent having the
children from noon on Christmas Day until noon on December 26. The mother shall have the children
on Christmas Eve in 1997.
9, The mother shall have the children on :>'lother's Day from 9:00 a,m, until 6:00 p,m, and
the father shall have the children on Father's Day from 9,00 a,m, until 6:00 p,m. This arrangcment
shall superscdc the Iveckend schedulc,
10 Each parcnt shall have the right to onc Iwck of vacalion wilh the childrcn (including
two weckends) during lhc summcr \\ith 30 days notification to the othcr parcnt of thc intendcd
vacation period ~cithcr parent shaJltakc the childrcn out of Pennsylvania without providing thc other
with lhc addrcss and tclcphonc numbcr of thc vacation dcstination whcre thcy can bc rcachcd in thc
C\'Cnl of an cmcrgcncy
II, The mother and father shall notify the other of all medical care the children receive
while in that parent's care. Each parent shall not iI)' the other immediately of medical emergencies
which arise while the children are in that parent's care,
12. Neither party shall do an}1hing which may estrange the children from the other parent,
or injure the opinion of the children as to the other parent or which may hamper the free and natural
development of the children's love or respect for the other parent,
13. This Order shall remain in effect until further Order of Court ,
By the Court,
{1:e~;::1:1:;( t2b J,-,
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
William S, Daniels
HUl\IER & DAflilELS
Attorney for Defendant
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SHERRIE ANN STARNER, . IN THE OOURT OF aJMMON PLEAS OF
.
Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA
.
.
.
VS. . NO. 97-984 CIVIL TERM
.
:
BRIAN WESLEll STARNER, CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
CIU>BR OF CXlJRT
AND lO, this 1'1 tf, day of 0 :l:bG> , 1998, upon
consideration of the at~custody Conciliation Report, it is ordered
and directed as follows:
1. The prior Orders of this Court dated June 5, 199B and March
13, 1997 are vacated and replaced by this Order.
2. The Mother, Sherrie Ann Starner, and the Father, Brian
Wesley Starner, shall have shared legal custody of Brandon Dennis starner,
born April 22, 1991 and Samantha Ann Starner, born February 17, 1996. 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.
Children.
3. The Mother shall have primary physical custody of the
4. The Father shall have partial physical custody of the
Children on alternating weekends fran Friday at 4:30 p.m. until the Father
(or paternal grandfather) transports Brandon to school on the following
Monday morning and retains custody of Samantha until 4:30 p.m. on Monday.
When there is no school on the Monday following the Father's weekend period
of custody, the Father shall have custody of the Children until Monday at
7:00 p.m. During his periods of custody, the Father shall ensure that the
Children are in bed by 8:00 p.m. Any written notice fran any of the
Children's teachers indicating that a Child or the Children are tired in
school on the Mondays following the Father's weekend periods of custody
shall have the effect of automatically terminating the Sunday overnight
periods of custody.
The alternating weekend periods of custody shall begin with the
Father having custody on October 9, 1998.
In addition, the Father shall have custody of the Children every
Wednesday evening from 4:30 p.m. until 7:00 p.m.
The Father may have additional periods of custody as arranged by
Illltual agreement of the parties.
5. The parties shall continue to alternate having custody of
the Children on the following holidays from 9:00 a.m. until 6:00 p.m.:
Memorial Day, July 4th and Labor Day. In the event that there is a
conflict between weekend and holiday schedules, the holiday schedule shall
supersede the weekend schedule.
6. The parties shall share Easter, Thanksgiving Day and New
Years Day as follows: The Father shall have the Children fran 9:00 a.m.
until 1:00 p.m. on Easter, and the Mother shall have the Children from 1:00
p.m. until 5:00 p.m.: the Father shall have custody of the Children from
9:00 a.m. until 3:00 p.m. on New Years Day and the Mother shall have
custody of the Children beginning at 3:00 p.m. on New Years Day: and on
Thanksgiving Day the Father shall have custody of the Children from 3:00
p.m. until the following day (Friday) at 7:00 p.m., unless it is his
weekend to have the Children in which case the Father shall return the
Children on Sunday at 5:00 p.m.
7. The parties shall alternate sharing the Christmas holiday
with one parent having the Children fran noon on Christmas Eve until noon
on Christmas Day, and the other parent having the Children from noon on
Christmas Day until noon on December 26. The alternating schedule shall
continue as started with the Mother having custody of the Children on
Christmas Eve in 1997.
8. The Mother shall have custody of the Children on Mother's Day
from 9:00 a.m. until 6:00 p.m. and the Father shall have custody of the
Children on Father's Day from 9:00 a.m. until 6:00 p.m.
9. The Father shall have custody of the Children every year
during the aunmer school break for up to two (2) non-consecutive weeks upon
providing thirty (30) days advance notice to the Mother. The Father's
periods of custody under this provision shall not be scheduled over the
Mother's regular weekend periods of custody. The Mother shall have a one
week period of uninterrupted custody with the Children after the Christmas
holiday periods of custody but during the remainder of the Children's
Christmas school break each year. In the event the Mother's extended
period of custody under this provision falls over the Father's regular
weekend period of custody, the Father's weekend period of custody shall be
rescheduled to either the weekend inmediately preceding or following the
missed weekend.
10. For exchanges of custody under this Order, the Mother shall
deliver the Children to the paternal grandparents' residence and the Father
or his parents shall return the Children to the Mother's residence.
11. The Father shall not use alcohol within twelve (12) hours
prior to, or during his periods of custody with the Children.
12. Neither party shall remove the Children from Pennsylvania
SHERRIE ANN STARNER, . IN THE COURT OF <XlMMON PLEAS OF
.
Plaintiff CUMBERLAND COUN'l'Y, PENNSYLVANIA
.
.
vs. . NO. 97-984 CIVIL TERM
.
.
.
BRIAN WESLEY STARNER, . CIVIL ACTION - LAW
.
Defendant : IN CUSroDY
PRIm JUDGB: J. wesley Oler, Jr.
CllS'lOOY aH:ILIATIOO SlMlARY REPCRl'
IN AaXlUlANCB WI'l'H cnmBRLAND c:x:ufn' RULE a! CIVIL mer "I<) (JRB
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 BIRTII
CllRRFNl'Ly IN CllS'lOOY OF
Brandon Dennis Howard Starner April 22, 1991
Samantha Ann Starner February 17, 1996
Mother
Mother
2. A Conciliation Conference was held on october 8, 1998, with the
following individuals in attendance: The Mother, Sherrie Ann Starner, with
her counsel, Carol J. Lindsay, Esquire, and the Father, Brian Wesley
Starner, with his counsel, Michael A. Scherer, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
() dnw/I 11./ /1'7 f
Date .
L~~-r#r
Dawn S. Sunday, Esquire
Custody Conciliator
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OCT 16'i99~
starner - petition for special relief May 25, 1999
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 984 CIVIL TERM
.
II
I
I
it
SHERRIE ANN STARNER,
Plaintiff/Petitioner
BRIAN WESLEY STARNER,
Defendant/Respondent
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW this '7 (, t~ day of It! ?1 ' 1999, upon
consideration of the Petition for Special Relief, a Rule is issued upon Respondent to show cause
why the relief requested should not be granted,
RULE returnable at a hearing set for June 3, 1999 at 9:00 a,m, in Court Room No, 1, of the
Courthouse at Carlisle, Pennsylvania.
By the Court,
/1
1/ (j,
.V l/1.<. (j
J, Wesl y'Oler, Jr,
J,
(
cc. c~rol ~. Lindsay, Esquir: ---;r;;-?<'" L ,,;tri ,]' ,17,~'j
M1chaelA. Scherer, Esqu1re (''t', .1l",~'<A ';)1,<;1
','
I'.
file #
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 984 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
SHERRIE ANN STARNER,
Plaintiff/Petitioner
BRIAN WESLEY STARNER,
Defendant/Respondent
eEnnONFORSPEC~~
NOW comes Sherrle Ann Starner, Plaintiff above. by and through her counsel. Flower,
Flower & Lindsay. P,C.. and petitions this Honorable Court for special rollef as follows:
1. The parties hereto are parents of two children: Brandon Donnis Howard Starner,
born April 22. 1991; and Samantha Ann Starner, born February 17.1996.
2. On or about October 19. 1998. after a custody evaluation and upon the agreement
of the parties entered at a conciliation conference. this Honorable Court entered an Order
providing shared legal custody of the children with primary physical custody to Petitioner, A copy
of the Court's Order of October 19. 1998 is aUached hereto as Exhibit "A",
3, The Court Order of October 19, 1998 provided to Father alternating weekends of
custody and one evening per week from 4:30 to 7:00 p,m, The Order also called for the father to
have custody of the children every year during the summer school break for up to two non-
consecutive weeks upon providing 30 days advanced notice to the Mother.
4, Although the children are with Petitioner during most of the remaining time. the
Court Order is silent on her ability to take the childrer, for a vacation during the summer,
5, On February 26, 1999, Petitioner wrote Respondent asking to switch alternating
weekends with her on July 16, 1999 as hor sister was getting married, and her family was
tile #
gathering for the wedding over the weekend of July 16, 1999 in Phoenix, Arizona where the
wedding would take place, A copy of the letter of February 26, 1999 is attached hereto as Exhibit
"B", In the letter, Petitioner offered to exchange weekends with the Respondent.
6, On or about February 26, 1999, Respondent advised Petitioner orally that he
refused to switch weekends, and that in the meantime, he had put in for a vacation time during
that week, Petitioner memorialized the conversation with Respondent in her letter to him of
March 8, 1999, a copy of which is attached hereto as Exhibit "C",
7, On March 17, 1999, counsel for Plaintiff or Petitioner wrote Respondent's counsel
seeking an exchange of weekends so that Petitioner and the children could attend the family
wedding, Counsel also asked for a voluntary amendment of the Order to permit two weeks of
uninterrupted vacation time for Petitioner as well as for Respondent. A copy of the March 17,
1999 letter is attached hereto as Exhibit "0",
8, On March 26, 1999, counsel for Respondent advised that he refused to make the
switched vacation time, and he was not willing to stipulate that Petitioner might have two weeks'of
uninterrupted custody during the summer just as he does, A copy of the March 26, 1999 letter is
attached hereto as Exhibit "E",
9, Petitioner has made airline reservations and has purchased said tickets at the cost
of $222,00 each, Their advanced purchase was made necessary by the need to purchase tickets
early enough to obtain a low fare, The tickets call for a departure on early Thursday moming,
July 15, 1999, Petitioner and children will spend the night of July 14, 1999 in Baltimore to
facilitate the early morning flight.
starner - petition for special relief April 22, 1999
SHERRIE ANN STARNER,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 984 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
vs.
BRIAN WESLEY STARNER,
Defendant/Respondent
CERTIFICATE OF SERVICE
AND now, this 2 7 day of Ibv,.{ ,1999, I, Carol J,
Lindsay, Esquire, of the law firm of FLOWER, F~ LINDSAY, P.C., Attorneys, hereby certify
that I served the within Petition for Special Relief this day by depositing same in the United States
Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Michael A, Scherer, Esquire
O'Brien, Baric & Scherer
17 West South Street
Carlisle, PA 17013
FLOWER, FLOWER & LINDSAY
Attorneys for Plaintiff/Petitioner
By:
arol J, Lindsay Esquire
D # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
SHERRIE ANN STARNER, . IN THE COURT OF CXX>lMOO PLEAS OF
.
Plaintiff . CUMBERLAND CXXJNTI, PENNSYLVANIA
.
.
.
vs. . NO. 97-984 CIVIL TERM
.
.
.
BRIAN WES~ STARNER, . CIVIL ACTlOO - LAW
.
Defendant . IN CUS'IODY
.
ClUlBR OF a:xJRr
AND tUf, this 1'It/.- day of (Q,:TJ"h' , 1998, upon
consideratiat of the attached CUstody conciliili~~Report, it is ordered
and directed as follows:
1. '!he prior Orders of this court dated June 5, 1998 and March
13, 1997 are vacated and replaced by this Order.
2. '!he Mother, Sherrie Ann Starner, and the Father, Brian
Wesley Starner, shall have shared legal custody of Brandoo Dennis Starner,
born April 22, 1991 and Samantha Ann starner, born February 17, 1996. Each
parent shall have an equal right, to be exercised jointly with the other
parent, to llBke all IlBjor non-emergency decisions affecting the O1ildren 's
general well-being including, but not limited to, all decisions regarding
their health, education and religion.
3. '!he Mother shall have primary IXlysical custody of the
O1ildren.
4. '!he Father shall have partial IXlysical custody of the
Children at alternating weekends fran Friday at 4:30 p.m. until the Father
(or paternal grandfather) transports Brandon to school on the following
Monday morning and retains custody of Samantha until 4:30 p.m. on Monday.
When there is no school at the Monday following the Father's weekend period
of custody, the Father shall have custody of the Children until Monday at
7:00 p.m. During his periods of custody, the Father shall ensure that the
Children are in bed by 8:00 p.m. Any written notice fran any of the
O1ildren's teachers indicating that a Child or the O1ildren are tired in
school at the Mondays following the Father I s weekend periods of custody
shall have the effect of automatically terminating the Sunday overnight
periods of custody.
'!he alternating weekend periods of custody shall begin with the
Father having custody on October 9, 1998.
In addition, the Father shall have custody of ~e Children every
Wednesday evening from 4:30 p.m. until 7:00 p.m.
~e Father may have additional periods of custody as arranged by
nutual agreement of the parties.
5. ~e parties shall continue to alternate having custody of
the Olildren on the following holidays from 9:00 a.m. until 6:00 p.m.:
Memorial Day, July 4th and Labor Day. In the event that there is a
conflict between weekend and holiday schedules, the holiday schedule shall
supersede the weekend schedule.
6. ihe parties shall share Easter, 1banksgiving Day and New
Years Day as follows: ~e Father shall have the Children fran 9:00 a.m.
until 1:00 p.m. at Easter, and the Mother shall have the Olildren fran 1:00
p.m. until 5:00 p.m.: the Father shall have custody of the Children from
9:00 a.m. until 3:00 p.m. at New Years Day and the Mother shall have
custody of the Children beginning at 3:00 p.m. on New Years Day: and on
ihanksgiving Day the Father shall have custody of the Olildren from 3:00
p.m. until the following day (Friday) at 7:00 p.m., unless it is his
weekend to have the Children in which case the Father shall return the
Children on Sunday at 5:00 p.m.
7. ihe parties shall alternate sharing the Christmas holiday
with one parent having the Children fran noon at Christmas Eve until noon
on Christmas Day, and the other parent having the Olildren from noon on
Christmas Day until noon on December 26. ~e alternating schedule shall
continue as started with the Mother having custody of the Children on,
Christmas Eve in 1997.
8. ~e Mother shall have custody of the Olildren on Mother's Day
fran 9:00 a.m. until 6:00 p.m. and the Father shall have custody of the
Children on Father's Day from 9:00 a.m. until 6:00 p.m.
9. ihe Father shall have custody of the Children every year
during the SUlIIIler school break for up to two (2) non-consecutive weeks upon
providing thirty (30) days advance notice to the Mother. ~e Father's
periods of custody under this provision shall not be scheduled over the
Mother's regular weekend periods of custody. The Mother shall have a one
week period of uninterrupted custody with the Olildren after the Christmas
holiday periods of custody but during the remainder of the Children's
Olristmas school break each year. In the event the Mother's extended
period of custody under this provision falls over the Father's regular
weekend period of custody, the Father's weekend period of custody shall be
rescheduled to either the weekend inmediately preceding or following the
missed weekend.
10. For exchanges of custody under this Order, the Mother shall
deliver the Children to the paternal grandparents' residence and the Father
or his parents shall return the Olildren to the Mother's residence.
11. The Father shall not use alcohol within twelve (12) hours
prior to, or during his periods of custody with the Children.
12. Neither party shall remove the Children fran Pennsylvania
for an overnight period or longer without first providing the other party
with the address and telephone number where the Children can be reached by
the non-custodial party in the event of an emergency.
13. Each party shall notify the other of all medical care the
Children receive while in that party's care. Each parent shall notify the
other imnediately of medical emergencies which arise while the Children are
in that party's care.
14. ~e parties agree to cooperate in further discussing the
Father's request that the paternal grandparents provide daycare for the
Children during the sunmer.
15. Both parties shall refrain fran, and shall ensure that third
parties refrain fran I doing or saying anything which may estrange the
Children frail the other parent, injure the opinion of the Children as to
the other parent or hanper the free and natural developnent of the
Children's love and respect for the other parent.
16. ~e parties agree that Brandon shall continue his current
course of counseling and the Father agrees to cooperate with the
reccmnendations of the counselor and attend any sessions as requested by
the counselor.
17 . ~is Order is entered pursuant to an agreement of the
parties at a CUstody ConciliatiCXl Conference. The parties may modify the
provisions of this Order by mutual agreement. In the absence of mutual
agreement, the terms of this Order shall control.
BY TIlE CXlURT,
~JJi~~\.~1~~J0", <tv J.
cc: Carol J. Lindsay, Esquire - Counsel for Mother
Michael A. Scherer, Esquire - Counsel for Father
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SHERRIE ANN STARNER, . IN THE CXlURT OF <ll'lMCX'l PLEAS OF
.
Plaintiff . CUMBERLAND COON'l'Y, PENNSYLVANIA
.
.
.
vs. . NO. 97-984 CIVIL TERM
.
.
.
BRIAN WESLEY STARNER, . CIVIL ACTlOO - LAW
.
Defendant . IN CUS'roDY
.
PRICE JlIDGB: J. Wesley Oler, Jr.
UJ::i'J.un:' CXH::ILvaIOO SlHfARY REPCRr
IN AaX:IUlANCB wr.m CDIIlERLAND <XXNl'Y RIJr;E Of" crvIL PRe' "KI ~
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. ~e pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DME Of" BIRI.'B
amRENTLY IN l.U:>'J.UJ.i Of"
BrandCXl Dennis Howard Starner April 22, 1991
Samantha Ann Starner February 17, 1996
Mother
Mother
2. A ConciliatiCXl Conference was held CXl October 8, 1998, with the
following individuals in attendance: ~e Mother, Sherrie Ann Starner, with
her counsel, carol J. Lindsay, Esquire, and the Father, Brian wesley
Starner, with his counsel, Michael A. SCherer, Esquire.
3. ~e parties agreed to entry of an Order in the form as attached.
() rj'nh"" /1/ I 'i 7 ,f
Date .
Lc;~~--#r
Dawn S. sunday, Esquire
custody Conciliator
FebrullJ)' 26, 1999
Brian,
I am writing to you to ask if you will switch weekends with me on Jul) 16,
1999. The family is getting together and would like the kids to be present. If
you will switch, you can have the weekend before or the weekend after July
J 6, 1999, which ever one is ok with you. Please give me your response to
this request in writing when the kids come home on Monday, March I, 1999
and also put in there which weekend YOll prcfer if the switch is ok, Thank
you.
Sherrie
r.'d
~ISS-l.l.S-l.ll.
SHERRIE ANN STARNER.
Plaintiff
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-984 CIVIL TERM
BRIAN WESLEY STARNER,
Defendant
CIVIL ACTION.LAW
IN CUSTODY
PETITION TO MODIFY CUSTODY
AND NOW, comes Brian Wesley Starner, the Defendant in the above captioned
action, by and through his attorney, Michael A Scherer, Esquire, and respectfully
represents as follows:
1, Petitioner IS Brian Wesley Starner (hereinafter "father"), who resides at
1328 Goodyear Road, Gardners, Cumberland County, Pennsylvania.
2, Respondent is Sherrie Ann Starner (hereinafter "mother"), who has at all
times been represented by Carol Lindsay. Esquire In connection with thiS matter
3. The parties are the parents of two children Brandon Dennis Howard
Starner, born Apn127. 1991: and Samantha Ann Starner, born February 17,1996. The
custody of the children is governed by a custody order dated October 19, 1998, which
is attached herelo as Exhibil "A".
4, Father would like to spend additional time with the children and as such,
he desires that the court award hlln additional physical custody of the children during
the summer months, and at other tllnes which may be convenient.
5. Presently, the children are In daycare dUring the summer while they are
not in school despite the fact that paternal grandfather would be available \0 provide
daycare/babysilling for the children
SHERRIE ANN STARNER, . IN THE CXlURT OF ~ PLEAS OF
.
Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA
.
.
.
vs. . NO. 97-984 CIVIL TERM
.
.
.
BRIAN WESLEY STARNER, . CIVIL ACTIOO - LAW
.
Defendant . IN cusrooy
.
CIUlER OF CXlURl'
AND tOt, this I q7J.J day of ~~....
consideration of the attached CUstody Conc 1 ation Report,
and directed as follows:
, 1998, upon
it is ordered
1. ~e prior Orders of this Court dated June 5, 1998 and March
13, 1997 are vacated and replaced by this Order.
2. ~e Mother, Sherrie Ann Starner, and the Father, Brian
Wesley Starner, shall have shared legal custody of Brandon Dennis Starner,
born April 22, 1991 and Samantha Ann Starner, born February 17, 1996. 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.
3. ~e Mother shall have primary physical custody of the
Children.
4. ~e Father shall have partial physical custody of the
Children on alternating weekends from Friday at 4:30 p.m. until the Father
(or paternal grandfather) transports Brandon to school on the following
Monday morning and retains custody of Samantha until 4:30 p.m. on Monday.
When there is no school on the Monday following the Father's weekend period
of custody, the Father shall have custody of the Children until Monday at
7:00 p.m. Ouring his periods of custody, the Father shall ensure that the
Children are in bed by 8:00 p.m. Any written notice from any of the
Children's teachers indicating that a Child or the Children are tired in
school on the Mondays following the Father's weekend periods of custody
shall have the effect of automatically terminating the Sunday overnight
periods of custody.
~e alternating weekend periods of custody shall begin with the
Father having custody on October 9, 1998.
In addition, the Father shall have custody of ~e Children every
EXHIBIT "A"
Wednesday evening from 4:30 p.m. until 7:00 p.m.
~e Father may have additional periods of custody as arranged by
lllItual agreement of the parties.
5. ~e parties shall continue to alternate having custody of
the Children on the following holidays from 9:00 a.m. until 6:00 p.m.:
Memorial Day, July 4th and Labor Day. In the event that there is a
conflict between weekend and holiday schedules, the holiday schedule shall
supersede the weekend schedule.
6. ~e parties shall share Easter, ~anksgiving Day and New
Years Day as follows: The Father shall have the Children fran 9:00 a.m.
until 1:00 p.m. on Faster, and the Mother shall have the Children fran 1:00
p.m. until 5:00 p.m.: the Father shall have custody of the Children from
9:00 a.m. until 3:00 p.m. on New Years Day and the Mother shall have
custody of the Children beginning at 3:00 p.m. on New Years Day: and on
~anksgiving Day the Father shall have custody of the Children fran 3:00
p.m. until the following day (Friday) at 7:00 p.m., unless it is his
weekend to have the Children in which case the Father shall return the
Children on Sunday at 5:00 p.m.
7. ~e parties shall alternate sharing the Christmas holiday
with one parent having the Children fran nOCXl on Christmas Eve until noon
on Christmas Day, and the other parent having the Children fran noon on
Christmas Day until noon on December 26. 1'he alternating schedule shall
continue as started with the Mother having custody of the Children on,
Christmas Eve in 1997.
8. ~e Mother shall have custody of the Children on Mother's Day
fran 9:00 a.m. until 6:00 p.m. and the Father shall have custody of the
Children on Father's Day from 9:00 a.m. until 6:00 p.m.
9. ~e Father shall have custody of the Children every year
during the sunmer school break for up to two (2) non-consecutive weeks upon
providing thirty (30) days advance notice to the Mother. The Father's
periods of custody under this provision shall not be scheduled over the
Mother's regular weekend periods of custody. The Mother shall have a one
week period of uninterrupted custody with the Children after the Christmas
holiday periods of custody but during the remainder of the Children's
Christmas school break each year. In the event the Mother's extended
period of custody under this provision falls over the Father's regular
weekend period of custody, the Father's weekend period of custody shall be
rescheduled to either the weekend illll1ediately preceding or following the
missed weekend.
10. For exchanges of custody under this Order, the Mother shall
deliver the Children to the paternal grandparents' residence and the Father
or his parents shall return the Children to the Mother's residence.
11. ~e Father shall not use alcohol within twelve (12) hours
prior to, or during his periods of custody with the Children.
12. Neither party shall remove the Children from Pennsylvania
SIIERRIE ANN STARNER, : IN THE CXXJRT OF <ll'lMCX'l PLEAS OF
plaintiff . CUMBERLAND COUN'l'lC, PENNSYLVANIA
.
.
.
vs. . NO. 97-984 CIVIL TmM
.
.
.
BRIAN WESLEY STARNER, . CIVIL ACTION - LAW
.
Defendant : IN cusrooy
PRICR JtIDGB: J. WeBley Oler, Jr.
aJS'lOOY CXH:ILIATICfi stJoIlARY REPCRT
IN ACXDUlIlNCE WI'l'II ClJlBERLAND <XUn'Y IUlLB Of" CIVIL PRU "1<1 >JRE
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. ~e pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
IllITE OF BDmJ
CURRPNrLY IN CUS'lOOY OF
Brandon Dennis Howard Starner April 22, 1991
Samantha Ann Starner February 17, 1996
Mother
Mother
2. A Conciliation Conference was held on October 8, 1998, with the
following individuals in attendance: The Mother, Sherrie Ann Starner, with
her counsel, Carol J. Lindsay, Esquire, and the Father, Brian Wesley
Starner, with his counsel, Michael A. SCherer, Esquire.
3. ~e parties agreed to entry of an Order in the form as attached.
()dnhM III 1791
Date .
LC~~.-r~
Dawn S. Sunday, Esquire
CUstody Conciliator
SHERRIE ANN STARNER . IN THE CXlURT OF cnIMON PLEAS OF
.
Plaintiff . CUMBERLAND CCXlNTY, PENNSYLVANIA
.
. qS'1
.
vs. . NO. 97-98719 CIVIL TERM
.
.
.
. CIVIL ACTION - LAW
.
BRIAN WESLEY STARNER, .
.
Defendant . CUSTODY
.
_'1'
,': -'
r'ie!
aIDER Ol! CXXJRT
( ,
.,
C'
l.
AND tUi, this :l:z., J day of f 't!E: (..
consideration of the attached CUstody COnc 1 ation
. and directed as follows:
, 2000, upon
Report, it is ordered
1'. ~e prior Order of this COurt dated October 19, 1998 shall
continue in effect as modified by this Order.
2. ~e parties shall participate in a course of counseling with a
professional selected by mutual agreement of the parties and counsel. The
purpose of the counseling shall be to assist the parties in developing
sufficient direct coarnunication and cooperatiCXl to enable them to address
custody issues and effectively co-parent their Children. The parties shall
equally share all costs of counseling which are not covered by insurance.
The parties shall follow the recomnendations of the counselor with respect
to the duration ~~ frequency of counseling sessions.
3. During the surrmer school break, the Father shall have partial
physical custody of the Children during alternating weeks fran Wednesday
after the Father's work through the following Monday at 6:00 p.m. During
the interim weeks, the Father shall also have custody of the Children fran
Wednesday after the Father's work through ~ursday after the Mother's work.
~e Father may have additional periods of custody with the Children as
arranged by agreement between the parties directly without involvement of
the Children in the scheduling.
4. ~e Father shall have custody of the Children every year during
the surrmer school break for up to two non-consecutive weeks. The Father
shall have preference in selection of dates for vacation periods under this
provision as long as he provides notice to the Mother by April 15 each
year. After April 15, the party providing notice first shall be entitled
to preference of his or her selection of vacatioo dates. The Father's
periods of custody under this provision shall not be scheduled over the
Mother's regular weekend periods of custody. The Mother shall have a one
week period of uninterrupted custody with the Children after the Christmas
holiday period of custody during the remainder of the Children's Christmas
school break each year. In the event the Mother's extended period of
custody under this provision falls over the Father's regular weekend period
of custody, the Father's weekend period of custody shall be rescheduled to
either the weekend illll1ediately preceding or following the missed weekend.
In addition, the Mother shall have a one week period of uninterrupted
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6, Mother works full time during the summer and the children are placed with
a babysitter while mother is at work,
7, During the summer of 2000, mother allowed the paternal grandfather to
provide child care for both children while mother was at work,
8, Paternal grandfather would again be available to provide child care for
both children during the summer of 2001 and ensuing summers,
9, Father would be able to spend time with the children each morning and
evening during the summer if his request to modify custody is granted,
10. Father would also like to have the children during the school year every
Wednesday after school until Thursday morning,
11, Paternal grandfather would be available to make certain that the children
get to school if the children were permitted to stay with the Father overnight each
Wednesday during the school year.
12, The best interest and permanent welfare of the children would be served
by granting father's request,
WHEREFORE, Father respectfully requests this Honorable Court modify the
existing court custody orders:
a. to provide Father with primary physical custody of the children
during the summer months when the children are not in school and to provide Mother
with alternating weekends and vacation time with the children throughout the summer;
and,
b, to provide father with partial custody every Wednesday after school
until Thursday morning during the school year,
SHERRIE ANN STARNER, . IN TIlE CXXJRT OF cnlMOO PLEAS OF
.
Plaintiff . CUMBERLAND COON'1'lC, PENNSYLVAI'lIA
.
.
.
vs. . NO. 97-984 CIVIL TERM
.
:
BRIAN WESLEY STARNER, . CIVIL ACTlOO - LAW
.
Defendant : IN CUS'roDY
OODER OF CXlRI.'
AND tDI, this I q~ day of (Q..-j;;./......... , 1998, upon
consideration of the attached CUstody Conci[i~t1~~ Report, it is ordered
and directed as follows:
1. ~e prior Orders of this Court dated June 5, 1998 and March
13, 1997 are vacated and replaced by this Order.
2. ~e Mother, Sherrie Ann Starner, and the Father, Brian
Wesley Starner, shall have shared legal custody of Brandon Dennis Starner,
born April 22, 1991 and Samantha Ann Starner, born February 17, 1996. 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.
3. ~e Mother shall have primary physical custody of the
Children.
4. ~e Father shall have partial physical custody of the
Children on alternating weekends from Friday at 4:30 p.m. until the Father
(or paternal grandfather) transports Brandon to school on the following
Monday morning and retains custody of Samantha until 4:30 p.m. on Monday.
When there is no school on the Monday following the Father's weekend period
of custody, the Father shall have custody of the Children until Monday at
7:00 p.m. During his periods of custody, the Father shall ensure that the
Children are in bed by 8:00 p.m. Any written notice fran any of the
Children's teachers indicating that a Child or the Children are tired in
school on the Mondays following the Father's weekend periods of custody
shall have the effect of automatically terminating the Sunday overnight
periods of custody.
~e alternating weekend periods of custody shall begin with the
Father having custody on October 9, 1998.
In addition, the Father shall have custody of ~e Children every
"EXHIBIT A"
Wednesday evening from 4:30 p.m. until 7:00 p.m.
The Father may have additional periods of custody as arranged by
IlUtual agreement of the parties.
5. ~e parties shall continue to alternate having custody of
the Children on the follOl/ing holidays from 9:00 a.m. until 6:00 p.m.:
Memorial Day, July 4th and Labor Day. In the event that there is a
conflict between weekend and holiday schedules, the holiday schedule shall
supersede the weekend schedule.
6. ~e parties shall share Easter, ~anksgiving Day and New
Years Day as follOl/s: The Father shall have the Children from 9:00 a.m.
until 1:00 p.m. on Easter, and the Mother shall have the Children from 1:00
p.m. until 5:00 p.m.: the Father shall have custody of the Children from
9:00 a.m. until 3:00 p.m. on New Years Day and the Mother shall have
custody of the Children beginning at 3:00 p.m. on New Years Day: and on
~anksgiving Day the Father shall have custody of the Children from 3:00
p.m. until the following day (Friday) at 7:00 p.m., unless it is his
weekend to have the Children in which case the Father shall return the
Children on Sunday at 5:00 p.m.
7. ~e parties shall alternate sharing the Christmas holiday
with one parent having the Children from nOCXl on Christmas Eve until noon
on Christmas Day, and the other parent having the Children from noon on
Christmas Day until noon on December 26. The alternating schedule shall
continue as started with the Mother having custody of the Children on,
Christmas Eve in 1997.
8. ~e Mother shall have custody of the Children on Mother's Day
from 9:00 a.m. until 6:00 p.m. and the Father shall have custody of the
Children on Father's Day from 9:00 a.m. until 6:00 p.m.
9. ~e Father shall have custody of the Children every year
during the BUllIlIer school break for up to two (2) non-consecutive weeks upon
providing thirty (30) days advance notice to the Mother. The Father's
periods of custody under this provision shall not be scheduled over the
Mother's regular weekend periods of custody. The Mother shall have a one
week period of uninterrupted custody with the Children after the Christmas
holiday periods of custody but during the remainder of the Children · s
Christmas school break each year. In the event the Mother's extended
period of custody under this provision falls over the Father's regular
weekend period of custody, the Father's weekend period of custody shall be
rescheduled to either the weekend ilTlllE!diately preceding or following the
missed weekend.
10. For exchanges of custody under this Order, the Mother shall
deliver the Children to the paternal grandparents' residence and the Father
or his parents shall return the Children to the Mother's residence.
11. The Father shall not use alcohol within twelve (12) hours
prior to, or during his periods of custody with the Children.
12. Neither party shall remove the Children from Pennsylvania
--
SHERRIE ANN STARNER . IN THE CXlURT OF CXll'lMOO PLEAS OF
.
Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA
.
.
.
vs. . NO. 97-9849 CIVIL TERM
.
:
. CIVIL ACTlOO - LAW
.
BRIAN WESLEY STARNER, .
.
Defendant . CUSTalY
.
au>m Of" CXllRr
J\ND tOt, this J.J....J. day of ~
consideration of the attached CUstody c aUon
and directed as follows:
, 2000, upon
Report, it is ordered
1. ~e prior Order of this Court dated October 19, 199B shall
continue in effect as modified by this order.
2. ~e parties shall participate in a course of counseling with a
professional selected by mutual agreement of the parties and counsel. ~e
purpose of the counseling shall be to assist the parties in developing
sufficient direct communication and cooperation to enable them to address
custody issues and effectively co-parent their Children. ~e parties shall
equally share all costs of counseling which are not covered by insurance.
The parties shall follow the reccxrmendations of the counselor with respect
to the duration and frequency of counseling sessions.
3. During the BIlIlIller school break, the Father shall have partial
physical custody of the Children during alternating weeks fran Wednesday
after the Father's work through the following Monday at 6:00 p.m. During
the interim weeks, the Father shall also have custody of the Children fran
Wednesday after the Father's work through ~ursday after the Mother's work.
The Father may have additional periods of custody with the Children as
arranged by agreement between the parties directly without involvement of
the Children in the scheduling.
4. ~e Father shall have custody of the Children every year during
the sunmer school break for up to two non-consecutive weeks. The Father
shall have preference in selection of dates for vacation periods under this
provision as long as he provides notice to the Mother by April 15 each
year. After April 15, the party providing notice first shall be entitled
to preference of his or her selectiCXl of vacatiCXl dates. The Father's
periods of custody under this provision shall not be scheduled over the
Mother's regular weekend periods of custody. The Mother shall have a one
week period of uninterrupted custody with the Children after the Christmas
holiday period of custody during the remainder of the Children's Christmas
school break each year. In the event the Mother's extended period of
custody under this provision falls over the Father's regular weekend period
of custody, the Father's weekend period of custody shall be rescheduled to
either the weekend illll1ediately preceding or following the missed weekend.
In addition, the Mother shall have a one week period of uninterrupted
"EXHIBIT B"
SHERRIE ANN STARNER, . IN THE CXlURT OF c:x:x-IMOO PLEAS OF
.
Plaintiff . CUMBERLAND CXXlNTY, PENNSYLVANIA
.
.
.
vs. . NO. 97-984 CIVIL TERM
.
.
.
. CIVIL AC"l'IOO - LAW
.
BRIAN WESLEY STARNER,
Defendant . CUSTa:lY
.
ClU>BR OF CXXlRT
AND 1Di, this L day of A fl(, l , 2001, upon
consideratiCXl of the attaChed Custody Concilihtion Report, it is ordered
and directed as follows:
1. ~e prior Orders of this Court dated October 19, 1998 and June 22,
2000, shall continue in effect as modified by this Order pending the
completion of the custody evaluation and further Court Order or agreement
of the parties.
2. ~e Father shall cooperate in participating in a supplemental
custody evaluatiCXl to be initiated by the Mother with Arnold Shienvo1d,
PhD. ~e parties shall sign all authorizations deemed necessary by the
evaluator in order to obtain additional informatiCXl pertaining to the
parties and the Otildren. 'Itle Mother agrees to pay the costs in the
evaluatiCXl initially but reserves the right to request that the Court
apportion the costs if a Hearing is ultimately necessary to resolve the
custody issues.
3. Within 60 days after receipt of Dr. Shienvo1d's custody
reconrnendations, in the event the parties are not at that tirre able to
reach an agreerrent as to all outstanding custody issues, counsel for
either party may contact the Conciliator to schedule an additional Custody
Conciliation COnference.
4. ~e exchanges of custody at the beginning of the Father's periods
of partial custody on alternating Fridays and every Wednesday under
paragraph 4 of the October 19, 1998 Order shall take place at 4:45 p.m.
rather than 4:30 p.m.
BY THE CXlURT,
J
cc: Carol J. Lindsay, Esquire - Counse for Mother
Michael A. Scherer, Esquire - COunsel for Father
r ~ ()\
If ~.\t~
SHERRIE ANN STARNER, . IN THE CXJURT OF mIMOO PLEAS OF
.
Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA
.
.
.
VS. . NO. 97-984 CIVIL TERM
.
.
.
. CIVIL ACTION - LAW
.
BRIAN WESLEY ST,l\RNER, .
.
Defendant : CUSTODY
'I
.i
I
ammy CXH:ILIATIOO SlMlARY RBl'CRl'
PRICE JDIlGB: J. Wesley Oler, Jr.
IN AanUlIlNCB wr.m cummu.AND CXUf1.'Y RULE ex! CIVIL PWlo 't(J .m
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. ~e pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME DATE ex! BIR1'lI
CURRPNl'LY IN ammy ex!
BrandCXl Dennis Howard Starner 4/22/91
Samantha Ann Starner 2/17/96
Mother
Mother
2. A ConciliatiCXl Conference was held CXl April 6, 2001, with the
following individuals in attendance: tt1e Mother, Sherrie Ann Starner, with
her counsel, Carol J. Lindsay, Esquire, and the Father, Brian Wesley
Starner, with his counsel, Michael A. Scherer, Esquire.
3. ~e parties agreed to entry of an Order in the form as attached.
f4,niJ ~ J 00 I
Date
Qv~~
Dawn S. Sunday, Esqu re
CUstody Conciliator
(I '>
. : I,
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,
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The mother ofthe children is Plaintiff, SHERRIE ANN STARNER, residing at
50 Old Railroad Road, Biglerville, Adams County, Pennsylvania, 17037. She is presently
unmarried, but is residing with a boyfriend named Kevin Trimmer.
The father of the children is Defendant, BRIAN WESLEY STARNER, residing
at 1328 Goodyear Road, Gardners, Cumberland County, Pennsylvania, 17324. He is
presently unmarried.
4. The relationship of Plaintiff to the children is that of mother.
5. The relationship of Defendant to the children is that of father.
6. Except as set forth herein, the Defendant has not participated as a party or
witness, or in any other capacity, in other litigation concerning the custody of the children in
this or any other court.
Defendant has no infonnation of a custody proceeding concerning the
custody of the said children pending in a court of this Commonwealth or any other state.
3
Defendant does not know of a person not a party to the procccdings who
hIlS physical custody of the children or claims to have custody or visitation rights with respect
to the children.
7. Prior Orders Of Court have been entered in this matter on October 19, 1998,
June 22, 2000, and Aprilll, 2001. Copies of the said Orders arc attached hereto as Exhibits
"A", "B", and "C". Pursuant to the said Orders, Plaintiff and Defendant were granted shared
legal custody of the said children. Plaintiff was granted the primary physical custody of the
said children, and Defendant was granted partial physical custody of the said children.
8. Defendant believes that it is in the best interest of the minor children that he
be granted primary physical custody because he is better able to provide a stable home to
them, and the children have repeatedly expressed their preference to live primarily with their
father. Further, Plaintiff has engaged in a course of conduct directed at limiting Defendant's
contact with the said children and at damaging Defendant's relationship with the children,
9. Each parent whose parental rights ofthe child have not been tenninated and
the person who has physical custody of the child havc been named as parties to this action.
4
Exhibit A
SHERRIE ANN STARNER, : IN THE CXXlRT OF COOMOO PLEAS OF
Plaintiff . CUMBERIJ\ND COONTY, PENNSYLVANIA
.
vs. : NO. 97-984 CIVIL TERM
.
.
BRIAN WESLEY STARNER, . CIVIL ACTIOO - LAW
.
Defendant . IN CUS'roDY
.
QU)f!R OF <XllRT
AND tuf, this I q:tlv day of fOcj;~,- , 199B, upon
consideratioo of the attached CUstody Concifiation Report, it is ordered
and directed as follows:
1. ~e prior Orders of this Court dated June 5, 199B and March
13, 1997 are vacated and replaced by this Order.
2. ~e Mother, Sherrie Ann starner, and the Father, Brian
Wesley Starner, shall have shared legal custody of Brandon Dennis Starner,
born April 22, 1991 and Samantha Ann Starner, born February 17, 1996. Each
parent shall have an equal right, to be exercised jointly with the other
parent, to rrake all rrajor non-emergency decisions affecting the Children's
general well-being including, but not limited to, all decisions regarding
their health, education and religion.
Children.
3. ~e Mother shall have primary physical custody of the
4. ~e Father shall have partial physical custody of the
Children 00 alternating weekends from Friday at 4:30 p.m. until the Father
(or paternal grandfather) transports Brandon to school on the following
Monday morning and retains custody of Samantha until 4:30 p.m. on Monday.
l'/hen there is no school on the Monday following the Father's weekend period
of custody, the Father shall have custody of the Children until Monday at
7:00 p.m. During his periods of custody, the Father shall ensure that the
Children are in bed by B:OO p.m. Any written notice from any of the
Children's teachers indicating that a Child or the Children are tired in
school 00 the Mondays following the Father's weekend periods of custody
shall have the effect of automatically terminating the Sunday overnight
periods of custody.
~e alternating weekend periods of custody shall begin with the
Father having custody on October 9, 199B.
In addition, the Father shall have custody of the Children every
Wednesday evening from 4:30 p.m. until 7:00 p.m.
~e FatheL' may have additional periods of custody as arranged by
IlUtual agreement of the parties.
5. ~e parties shall continue to alternate having custody of
the Children on the following holidays from 9:00 a.m. until 6:00 p.m.:
Memorial Day, July 4th and Labor Day. In the event that there is a
conflict between weekend and holiday schedules, the holiday schedule shall
supersede the weekend schedule.
6. ~e parties shall share Easter, Thanksgiving Day and New
Years Day as follows: The Father shall have the Children from 9:00 a.m.
until 1:00 p.m. CXl Easter, and the Mother shall have the Children from 1:00
p.m. until 5:00 p.m.: the Father shall have custody of the Children from
9:00 a.m. until 3:00 p.m. on New Years Day and the Mother shall have
custody of the Children beginning at 3:00 p.m. on New Years Day: and on
~anksgiving Day the Father shall have custody of the Children from 3:00
p.m. until the following day (Friday) at 7:00 p.m., unless it is his
weekend to have the Children in which case the Father shall return the
Children on Sunday at 5:00 p.m.
7. ~e parties shall alternate sharing the Christmas holiday
with one parent having the Children from noon on Christmas Eve until noon
on Christmas Day, and the other parent having the Children from noon on
Christmas Day until noon on Decenber 26. The alternating schedule shall
continue as started with the Mother having custody of the Children on,
Christmas Eve in 1997.
8. The Mother shall have custody of the Children on Mother's Day
from 9:00 a.m. until 6:00 p.m. and the Father shall have custody of the
Children CXl Father's Day from 9:00 a.m. until 6:00 p.m.
9. ~e Father shall have custody of the Children every year
during the sumner school break for up to two (2) non-consecutive weeks upon
providing thirty (30) days advance notice to the Mother. The Father's
periods of custody under this provision shall not be scheduled over the
Mother's regular weekend periods of custody. The Mother shall have a one
week period of uninterrupted custody with the Children after the Christmas
holiday periods of custody but during the remainder of the Children's
Christmas school break each year. In the event the Mother's extended
period of custody under this provision falls over the Father's regular
weekend period of custody, the Father's weekend period of custody shall be
rescheduled to either the weekend inmediately preceding or following the
missed weekend.
10. For exchanges of custody under this Order, the Mother shall
deliver the Children to the paternal grandparents' residence and the Father
or his parents shall return the Children to the Mother's residence.
11. The Father shall not use alcohol within twelve (12) hours
prior to, or during hia periods of custody with the Children.
12. Neither party shall remove the Children from Pennsylvania
for an overnight period or longer without first providing the other party
with the address and telephone number where the children can be reached by
the non-custodial party in the event of an emergency.
13. Each party shall notify the other of all medical care the
Children receive while in that party's care. Each parent shall notify the
other inmediately of medical emergencies ~Ihich arise while the Children are
in that party's care.
14. The parties agree to cooperate in further discussing the
Father's request that the paternal grandparents provide daycare for the
Children during the summer.
15. Both parties shall refrain fran, and shall ensure that third
parties refrain fran, doing or saying anything which may estrange the
Children fran the other parent, injure the opinion of the Children as to
the other parent or h8lltJE!r the free and natural develop1lent of the
Children's love and respect for the other parent.
16. ~e parties agree that Brandon shall continue his current
course of counseling and the Father agrees to cooperate with the
recomnendations of the counselor and attend any sessions as requested by
the counselor.
17 . ~is 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 agreement. In the absence of mutual
agreement, the terms of this Order shall control.
BY THE OOURT,
L5'~1~fef:;}Jr~~' ~, J.
cc: Carol J. Lindsay, Esquire - Counsel for Mother
Michael A. Scherer, Esquire - Counsel for Father
"'~"r:- r~"'{ r,:rl I r'~rI'\RD
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hi I ",'.'] '..!...., I' r ". .~II;l'l hand
and Iha ul lJi ,',1' ! ::0" I Ji Cili:!;I~/ ra.
lIHS ....J.,9,:~,.. d'lY of ..@c..t..:, 19".'J:i
...,_M.........Jl~J....,6..~. ~~""-"......._...
rJ)n' Prothonotary
Exhibit B
--
SIIERRIE ANN STARNER
plaintiff
IN TilE OOURT OF cx:tlMOO PLEAS OF
CUMBERLAND COONTY, PENNSl!LVANIA
vs.
NO. 97-9849 CIVIL TERM
CIVIL ACl'Ial - LAW
BRIAN WESL~ STARNER,
Defendant
CUSTOOl!
aIDER Of" allRT
AND tuf, this J.7.1....( day of ~
consideration of the attached CUstody cation
and directed as follows:
, 2000, upon
Report, it is ordered
1. ~e prior Order of this COurt dated October 19, 1998 shall
continue in effect as modified by this Order.
2. ~e parties shall participate in a course of counseling with a
prOfessional selected by mutual agreement of the parties and counsel. The
purpose of the counseling shall be to assist the parties in developing
sufficient direct cOllll1lll1ication and cooperatiCXl to enable them to address
custody issues and effectively oo-parent their Children. ~e parties shall
equally share all costs of counseling which are not covered by insurance.
The parties shall follow the recOlllTlElndations of the counselor with respect
to the duration and frequency of counseling sessions.
3. During the sumner school break, the Father shall have partial
physical custody of the Children during alternating weeks fran Wednesday
after the Father's work through the following Monday at 6:00 p.m. During
the interim weeks, the Father shall also have custody of the Children from
Wednesday after the Father's work through ~ursday after the Mother's work.
The Father may have additional periods of custody with the Children as
arranged by agreement between the parties directly without involvement of
the Children in the scheduling.
4. ~e Father shall have custody of the O1ildren every year during
the sumner school break for up to two non-consecutive weeks. The Father
shall have preference in selection of dates for vacation periods under this
provision as long as he provides notice to the Mother by April 15 each
year. After April 15, the party providing notice first shall be entitled
to preference of his or her selectiCXl of vacatiCXl dates. The Father's
periods of custody under this provision shall not be scheduled over the
Mother's regular weekend periods of custody. The Mother shall have a one
week period of uninterrupted custody with the O1ildren after the Christmas
holiday period of custody during the remainder of the Children's Christmas
school break each year. In the event the Mother's extended period of
custody under this provision falls over the Father's regular weekend period
of custody, the Father's weekend period of custody shall be rescheduled to
either the weekend irrmediately preceding or following the mined weekend.
In addition, the Mother shall have a one week period of uninterrupted
SHERRIE ANN STARNER
Plaintiff
IN TflE CXXlRT OF ().:XolMOO PLEAS OF
CUMBERLAND CXXJN'n', PENNSYLVANIA
NO. 97-9849 CIVIL TERM
vs.
CIVIL ACTION - LAW
BRIAN WESLEY STARNER,
Defendant
CUSTOOY
PRIOO JODGB: J. Wesley, Jr.
CUS'.lOOY CXB:ILIATIOO SlMWlY REPCRr
IN AOCXJUlI\NCB wrm CDlBBRLAND c:x:Dn':! RIlLE Of" CIVIL PlO "I<I'.JRB
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. '1he pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NMB
DATE OF BIRm
CUIUUlNl'Ly IN ClRlU)Y OF
Brandon Howard starner
Samantha Ann Starner
April 27, 1991
February 17, 1996
Mother
Mother
2. A ConciliatiCXl Conference was held CXl June 14, 2000, with the
following individuals in attendance: ~e Mother, Sherrie Ann starner, with
her counsel, Carol J. Lindsay, Esquire, and the Father, Brian Wesley
Starner, with his counsel, Michael A. SCherer, Esquire.
3. '1he parties agreed to entry of an Order in the form as attached.
DateJ-, (}I'l, ~
r!1.
Dawn S~~
Custody Conciliator
Exhibit C
cc: Brian Starner
SHERRIE ANN STARNER, I IN THE OOURT 011' CXX'IMOO PLEAS OF
plaintiff . CUMBERLAND CXXJNTY, PENNSYLVANIA
.
.
.
vs. . NO. 97-984 CIVIL TERM
.
.
.
. CIVIL ACTlOO - LAW
.
BRIAN WESLEY STARNER, .
.
Defendant . CUSTODY
.
OODIlR OF cxxm
AND 101, this L day of
consideratiCXl of the attached CUstody Con
and directed as follows:
, 2001, upon
Report, t is ordered
1. ~e prior Orders of this court dated October 19, 1998 and June 22,
2000, shall continue in effect as modified by this Order pending the
coopletion of the custody evaluation and further Court order or agreement
of the parties.
2. ~e Father shall cooperate in participating in a supplemental
custody evaluatiCXl to be initiated by the Mother with Arnold Shienvo1d,
PhD. ~e parties shall sign all authorizations deemed necessary by the
evaluator in order to obtain additional information pertaining to the
pa~ies ,and the Olildren. 'ltIe Mother agrees to pay the costs in the
evaluation initially but reserves the right to request that the Court
apportion the costs if a Hearing is ultimately necessary to resolve the
custody issues.
3. Within 60 days after receipt of Dr. Shienvo1d's custody
recomnendations, in the event the parties are not at that time able to
reach an agreement as to all outstanding custody issues, counsel for
either party may contact the Conciliator to schedule an additional CUstody
Conciliation COnference.
4. 'll1e exchanges of custody at the begiming of the Father's periods
of partial custody on alternating Fridays and every Wednesday under
paragraph 4 of the October 19, 1998 order shall take place at 4:45 p.m.
rather than 4:30 p.m.
TRUE C"l>Y FR':'I,i RECCRD
In Testl ,. ", .'. n ,r~ unto set my lland
end th ;al 0:' sa:d ' urt pJ. Carlisle; Pe.
This ......1.2.... ...I,:;'tpIL.. '
J.
cc:
quire - counsel for Mother
Esquire - counsel for Father
SHERRIE ANN STARNER, . IN THE CXlURT OF c:x:x-I/'lOO PLEAS OF
.
Plaintiff . CUMBERLAND CXXJNTY', PENNSYLVANIA
.
.
.
V5. . NO. 97-984 CIVIL TERM
.
.
.
. CIVIL ACTION - LAW
.
BRIAN WESLE:{ STARNER, .
.
Defendant . cusrooy
.
,.
,
PRIm JUDGE: J. Wesley Oler, Jr.
CUS'lOOY CX:U::IL:uaI~ stIlI1ARY REl'CRl'
IN ACXXlIDANCE wrm cnmERLAND cnNl'Y RULE (F CIVIL ~ .'" ClRB
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. ~e pertinent information concerning the O1ildren who are the
subjects of this litigation is as follows:
NAME DATE (F BIRTl:I
Brandon Dennis Howard Starner 4/22/91
Samantha Ann Starner 2/17/96
<llRRI!Nl'Ly IN aJS'lOOY OF
Mother
Mother
2. A conciUatiCXl Conference was held CXl April 6, 2001, with the
following individuals in attendance: ~e Mother, Sherrie Ann Starner, with
her counsel, Carol J. Lindsay, Esquire, and the Father, Brian Wesley
Starner, with his counsel, Michael A. Scherer, Esquire.
3. ~e parties agreed to entry of an Order in the form as attached.
fIriJ ~ JOO/
Date
a.,~J4u~
Dawn S. sunday, Esqu re
CUstody Conciliator
. ' . .
. " .
CERTIFICATE OF SERVICE
I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the 711- day of
::;;"Wi
, 2003, I served a true and correct copy ofthe foregoing Defendant's
Complaint For Modification Of Custody Order by depositing same in the United States
Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows:
Sherrie Ann Starner
50 Old Railroad Road
Biglerville, PA 17037
Plaintiff
Carol J, Lindsay, Esquire
SAlOIS, SHUFF, FLOWER & LINDSAY
26 West High Street
Carlisle, P A 17013
Attorney for Plaintiff
b~
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court ID # 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
Attorney for Defendant
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MAR 2 J 2003 ~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-984 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
SHERRI ANN STARNER,
Plaintiff
v,
BRIAN WESLEY STARNER.
Defendant
OLER, J. --
ORDER OF COURT
AND NOW, this 2.~ tl. day of March, 2003, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1, The parties shall participate in an updated independent Custody Evaluation
with Dr. Arnold T, Shienvold. The parties shall share the costs of their participation in the
updated Custody Evaluation in a SO/50 ratio, Either party, at their option, may request to
reconvene the Custody Conciliation Conference within thirty days of their receipt of Ihe
Report of the Custody Evaluator, or may request the scheduling of a hearing before the
Court,
BY THE COURT:
ili
J.
Ois!: Carol J, Lindsay, Esquire, 26 West High Street, Carlisle, PA 17013
Constance p, Brunt, Esquire, 1820 L1nglestown Road, Harrisburg. PA 17110 u'1\..uA 'It.~ .3.?; 1- O'~
q...
\'
SIIEIUUE ANN STARNER,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: CIVIL ACTION . LAW
\',
: No. 97-984 CIVIL TERM
BRIAN WESLEY STARNER,
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, this _ day of
, 200 _ , the Motion For
Conciliation Conference filed by the Defendant herein and in which PlaintitThas concurred, is hereby
granted, This matter is hereby assigned to Melissa Peel Greevy, Esquire, for the scheduling ofa
Custody Conciliation Conference,
BY THE COURT:
J. Wesley Oler, Jr., J.
lJistrihllllllW Cllrol J, Lindsay, Esquire. 26 Westlligh Slreel, Carlisle.I'A 17013
ClInslllnee (', Uronl,l;squire.lleauron Proressional Cenler, 1820 Lingleslown RODd.lIl11Tisburg, PA 17110
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following a harmonious policy in the childrcn's bcst intcrcst.
2. Access To Information: Each parcnt shall be cntitlcd to complcte and full
information, from any doctor, dcntist, tcachcr or authority and have copies of any reports given to
them as a parent. Such documcnts includc, but arc not limitcd to, medical rcports, academic and
school report cards, birth ccrtificates, etc, Both parents may and are encouragcd to attend school
confercnces and activitics, The parties shall coopcratc to list both parcnts with the children's
schools to bc contacted in thc cvent of un cmergcncy and to be notified rcgarding school cvents,
Each parent will be responsible to try to obtain as much information aboutthc children as
possible dircctly from any third partics involved, such as medical providcrs and school
authorities, However, it shall bc cach parent's responsibility to providc the other parcnt with
copies of report cards, all notifications of school cvcnts and all cxtra curricular activity noticcs
and schedules involving thc children thatthcy might rcccivc to ensurc that both parcnts have full
and complete information relating to thcir children and an opportunity to participatc in all
important events and issues.
3, Communication: Each parent shall permit and encouragc communication by thc
other parcnt with doctors, clinics, hospitals, and othcr health carc providers, teachers, guidancc
counselors, and other school pcrsonnel rcgarding the childrcn's health, cducation, and welfarc.
4. Scheduling: Ncither parent shall schedulc activitics or appointments for a child
which would requirc his attendance or participation at said activity or appointment during the
time whcn hc or shc is schedulcd to bc in thc physical custody ofthc othcr parcnt, without that
parent's express prior approval. Furthcr, thc parties shall makc rcasonable cfforts to schedulc
appointments with medical providers and school authoritics as early as possiblc in thc morning,
or as late as possiblc in the afternoon, or during the cvcning to permit both parcnts to bc prcscnt.
The party scheduling any such appointment shall inform thc other parent of the appointmcnt and
its purpose within 24 hours of making thc appointmcnt. In thc event that the othcr parent is not
,2,
able to allend the appointment, the parent taking the child or children to the appointment will
report to the non-allending parent within 24 hours the outcome of the appointment and any
recommendations made by the medical provider or school authority.
5. Non-maior Decisions: Non-major decisions involving thc childrcn's day to day
living shall be made by the parent then having custody, but to the extent possible, the parents
shall allemptto make such rules and follow such schedules as would provide the children with
continuity regardless of the then-existing custodial parent.
6. Emerl!encv Decisions: Emergency decisions regarding the children shall be made
by the parent then having physical custody, but that parcnt shall communicate to the other parent
the nature and extent of the cmergency and shall provide that other parent with all infonnation
pertaining to the treatment so that the other parent may be fully involvcd in the decision-making
process at the earliest possible time.
7. Communication Rel!ardinl! Parentinl! Issues: The parents shall communicate
directly with one another concerning any parenting issue rcquiring consultation and agreement
and regarding any proposed modifications to the physical custody schedule which may from time
to time become neccssary, and shall specifically not use the children as mcssengers.
8. Mail: Each parent, upon reccipt of mail or packages addressed to the children from
the other parent or from any member of the other parent's family, shall see to it that such
unopened mail or packages are immediotely given to children,
9. Teleohone Contact: Both parents shall be afforded reasonable telephone contact
with the children while in the other parent's custody and, for said purposes, cach parent shall
provide the other parent with his or her phone number where the children can be reachcd when in
that parent's custody. Each parent, stcp-parent or othcr household resident shall not unreasonably
,3,
interfere with the childrcn's right to privacy during such telephone conversations, nor shall they
listen to that conversation on an extension telephone, Each parent shall make all reasonable
efforts to make sure that the children receive any phone message from the other parent in a timely
fashion,
10. Derol!atorv Comments: While in the presence of the children, neither parent shall
make or permit any other person to make any remarks or do anything which could in any way be
construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of
each parent to uphold the other parent as one whom the children should respect and love.
II, TemDorarv Absencc From Residcnce: If either parcnt intends on removing the
children from the Commonwcalth of Pennsylvania for an overnight period or longer, that parcnt
shall provide the other parent with the address and telephone number where the children can be
reached during the period of absence,
12, Brandon's Treatment For ADHD: The parties' son, Brandon, has been diagnosed
with ADHD and is currently being treated for that condition. Both parties will comply with the
medicaltreatr:lent plan, including the administration of any prescribed medication at such times
and on such days as recommended by Brandon's treating physician. Mother shall provide Father
with the appropriate amount of medication for any of his pcriods of custody. In the event that a
recommendation for any change in Brandon's treatment, including any change in the type or
dosage of prescribed medication, is communicated to one parent, such recommendation shall be
promptly communicated to the othcr parcnt in order to pcrmit thot parent to consult with thc
trcating physician about the recommcndation, Thc parents shall arrangc ajoint mccting with thc
prescribing physician in May of each year to make a dccision as to whcthcr or not Brandon shall
takc thc medication during the summcr school vacation. Both parcnts will follow thc advicc of
thc doctor as to that issuc. If eithcr parcnt bclievcs thatthc othcr is not following thc trcatment
recommendations of Brandon's treating physician, including recommendations for administration
.4,
HOLIDAYS TIMES EVEN ODD
YEARS YEARS
New Years Day From 9:00 a.m. until 6:00 p,m, on Father Mother
New Years Day
Easter From 9:00 a.m, on Easter until Mother Father
10:00 a,m. on the Monday
following Easter
Memorial Day From 9:00 a.m. until 6:00 p.m, on Mother Father
Memorial Day
July 41h From 9:00 a,m, until 11 :00 p.m, Father Mother
on July 41h
Labor Day From 9:00 a,m. until 6:00 p,m. on Mother Father
Labor Day
Thanksgiving From 9:00 a,m, until 6:00 p,m. on Mother Father
Thanksgiving
Monday After From 8:00 p,m, on the Sunday Father Father
Thanksgiving evening following Thanksgiving
Day until 6:00 p.m, on the
Monday after Thanksgiving
(Father to provide transportation
both ways.)
Christmas Segment # I From 12:00 noon on Christmas Father Mother
Eve until 12:00 noon on Christmas
Day
Christmas Segment #2 From 12:00 noon on Christmas Mother Father
Day until 12:00 noon on
December 26
Mother's Day From 9:00 am, on Mother's Day Mother Mother
until delivery to school on the
Monday following Mother's Day
Father's Day From 9:00 a,m. on Father's Day Father Father
until 10:00 a,m. on the Monday
following Father's Day
-7,
2. No Interruotion: In the event that a parent is to have custody on a holiday that
immediately precedes or follows his or her regularly-scheduled weekend or other period of
regularly-scheduled custody, that parent shall have custody without interruption between the
holiday and the weekend or other such custody period.
3. Vacation Custodv: During the summer school vacation period, each parent shall be
permilled to exercise three (3) non-consecutive periods of uninterrupted custody for seven (7)
contiguous days. Each parent must provide the other parent with advance wrillen notice of his or
her intention to exercise his or her vacation custody. Father shall have preference in selection of
dates for his vacation periods under this provision, provided that he provides wrillen notice to
Mother within 10 days of receipt from his employer of approval of his vacation schedule, but no
later than March IS each year. After March IS, the first parent to notify the other parent of his or
her selection shall have the right to exercise vacation custody on the days selected.
4. Location Of Custodv Exchanl!es: Except as otherwise mutually agreed between
the parties from time to time, Mother shall deliver the children to the paternal grandparents'
residence at the commencement cfFather's periods of custody, and Father or his parents shall
return the children to Mother's residence or to school at the conelusion of his periods of custody,
5. Modification: The parent shall be at liberty to modify the custodial periods herein
provided to accommodate their respective schedules and special events, subject nonetheless in all
respects to the mutual agreement of the parents for any such modifications.
6, Precedence Of Holidavs/SDecial Davs: The Holidays/Special Days schedule set
forth herein shall take precedencc over any other custodial period. The vacation custody periods
allowed to each parent shall toke precedence over the regular weekly summer school vacation
custodial periods set forth herein,
,8,
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