HomeMy WebLinkAbout97-01526
~ 1
1
d
..!: I
if) \
\
I
I .,
I
I
I
~ 1
I
J I
1
I
I
!
i
,
'-,
'.....
-
/
/'
(
l~
J
.
~
("b,
to
-
I
.~
'0- I
.;
o
2'
-
LARRY E. BOWERS,
Plaintiff
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
KATHLEEN M. SHAFFER
Defendant
NO. 97-1526 CIVIL TERM
ORDER OF COURT
AND NOW, thio r day of
issued upon Defendant to show
should not be granted.
AI.~,-L,.. , 1997, a Rule is
cause why the relief requested
Rule returnablo twenty (20) days from the date of service
hereof.
BY THE COURT:
A4-
J.
I
LARRY E. BOWERS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
KATHLEEN M. SHAFFER
Defendant
CIVIL ACTION - LAW
NO. 97-1526 CIVIL TERM
A~'o...... f:or RULE TO SHOW CAUSE
AND NOW comes the Plaintiff, Larry E. Bowers, by and through
his attorney, Mary A. Etter Dissinger, and requests the Court to
enter a Rule to Show Cause upon the Defendant, Kathleen M.
Shaffer, to show cause why the attached custody stipulation and
agreement should not be made an Order of Court, and to show cause
why she should not pay counsel fees to the Plaintiff, Larry E.
Bowers, for bringing this motion and further to show cause why
Plaintiff should not be granted extra time with his children from
this date forward as a result of her failure to execute this
custody stipulation and agreement in mid-August 1997.
1. Petitioner is Larry E. Bowers, residing at 35 Annette
Drive, Enola, Cumberland County, Pennsylvania.
2. Respondent is Kathleen M. Shaffer, residing at 909
Magnolia Drive, Enola, Cumberland County, Pennsylvania.
3.
Plaintiff filed a complaint for custody
this docket number, which complaint is
reference.
on March 25,
incorporated
1997, to
herein by
4. A custody conference was held on May
time the parties reached an interim agreement,
to an order as dictated by the conci liator.
attached hereto as Exhibit "A".)
1, 1997, at which
which was reduced
(Copy of order
,-
lto-.',
5. Because there was no complete and comprehensive
agreement, this matter was scheduled for hearing on August 28,
1997, at 9:30 a.m. before The Honorable Kevin A. Hess.
6. After that interim order of May 1, 1997, the parties
continued to negotiate details of the agreement and expanded
visitation for the Plaintiff herein.
7. After extensive negotiation and exchanges of drafts of
custody agreements and revisions, the parties reached an agreement
and the hearing was cancelled. (Copy of letter to Judge Hess dated
August 13, 1997 cancelling hearing attached hereto as Exhibit
"B".)
8. The Defendant's counsel drafted an agreement on behalf
of Defendant and submitted it to Plaintiff and his counsel for
Plaintiff's signature under cover of letter from Defendant's
counsel dated August 19, 1997.
9. Additional negotiations ensued because the agreement did
not satisfy Plaintiff.
10. By letter of August 29, 1997, Defendant's counsel sent
Plaintiff's counsel another letter and a modified custody
stipulation and agreement for Plaintiff's aignature. (Copy of
letter dated August 29, 1997 attached hereto as Exhibit "C".)
11. Plaintiff signed that stipulation (See copy attached
hereto as Exhibit "0".)
12. The stipulation as executed by the
returned to Defendant's counsel on September 17,
handwritten change, which was approved in advance
counsel.
Plaintiff was
1997, with one
by Defendant's
13. Defendant now refuses to sign the stipulation that was
drafted for her benefit by her counsel.
14. The agreement of the parties reached back in mid-August
1997, provided that the Plaintiff, father herein, was to have
custody of the children every other Friday from 4:00 p.m. until
Monday morning, and every Wednesday evening from 4:00 p.m. until
Thursday morning, and every other Tuesday following mother's
weekend of custody from 4:00 p.m. until Wednesday morning, in
addition to other terms.
15. since mid-August the Plaintiff has been unable to enjoy
the fruits of his negotiated settlement with Defendant because of
Defendant's failure to execute the stipulation and insistence that
Plaintiff was not to exercise this visitation until the
stipulation was signed by Defendant.
16. Defendant's refusal to sign the agreement as drafted by
her counsel at her request is unreasonable.
17. Plaintiff has incurred needlp.ss attorney's fees in
attempting to obtain Defendant's sign?ture to an agreement she
drafted and submitted to Plaintiff f~r his acquiescence.
18. Plaintiff estimates that he has expended approximately
$500.00 in legal fees attempting to obtain Defendant's signature
to the agreement that her counsel drafted and which he has already
signed at Defendant's request.
WHEREFORE, Plaintiff requests that the Defendant be directed
to execute the stipulation and in the alternative that the Court
make the Defendant's stipulation an Order of Court without her
signature, and that Defendant be directed to pay to Plaintiff the
sum of $500.00 within ten days of the date of any Order of Court
directing such payment, and to award to Plaintiff additional make
~~
VERIPICATION
I, Larry E. Bowers, verify that the foregoing facts are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn
falsification to authorities.
5. The Plaintiff's position on custody is as follows: Plaintiff patitloned the
Court for expanded visitation with the children. He wanted to expand the weBkend
schedule so that he cou1d have the children over until Monday evening, He also
wanted an additional overnight during the week and transfer the children all
summer to him, Additionally, in light of Mother's accusations, he believes that the
custody should be transferred to him as will be explained more fully in the
Conciliator's cornrnents,
."
"
6, The Defendant's position on custody,is as follows: DBfendant wants
.
Father to have supervised visit~tion because of allegations made by the
Defendant's niece, Ginny Thornas, who is currently 22 years old, Allegedly
. .
t
j
t
I
I
!
Ms. Thornas began to remember being rnolested by Mr, Bowers as a result of
thBrapy sessions she began undergoing in 1995, The inforrnation suggested that
.these rnemories were brought back by some type of hypnosis. Apparently the
rnolestation~ occurred for" periodlof seven years from the time fihe was 7 to 14,
although they never came to surface until 1995, and apparently she nBver felt able
to bring them to light to testify against Mr. BoweJs until now, which coincidBd with
the filing of the custody petition by Father, 'The Mother did acknowledge that the
Father had followed through with the schedule that is the temporary Order and has
been following through with that si~ce t~ey entered into a custody agreernent in
1994 when they were divorced. She also indicated that ShB had he'r two daughters
,
.
interviewed and checked out and apparently there has been no abuse of thern by
anyone.
The Mother also "made some complaints about the fact that when the
children are with Father, that he does not spend ~uality tirne with them but rather
is spending more tirne with his fiance's children. She had other concerns about
how she believEls the Father treats the girls when they are with him, all of which
."
Father denies.
7. Need for separate counsel to represent child(ren): Neither party
.
requested,
8. N,eed for independent psychological evaluation or counseling: None
requested and thB Conciliator does not believe any is necessary.
9. A--hearing in this rnatter will take one day,
10, Other matters or comments: This is an interesting case in that we have
,
a situation ~herebY the p:rties'ha\1e been following through with a custodial
arrangement which came about through an agreement that they reached through
their div~rce in 1994, That agreement was never made a court order, but is
essentially what the temporary Order is in this c~se. Mother indicated that she
never pursued a change in the custody based upon these alleged sexual abuse
, .
incidents with her niece because the niece was unwilling to testify against thB
Father until now. Apparently the niece finally was willing to testify' once the
petition for qxpanded visitation was filed by Father. Supposedly the abuse occurred
r
,
!
I
I
i
J
for a seven year period when the child was between the ages of 7 through 14 and
she never rnade any accusation against her uncle, who is the father of these
children, until she was "22 years of age.
The Conciliator indicatnd to MothBr that t~esB are very serious allegations to
be raising at this time and that she should be very cBrtain that thBY are true before
going forward in the case. It is significant, frorn the Conciliator's standpoint, that
."
the two children ""{ho are the subject' of this custody battle, have never exhibited
any signs of abuse and have never claimed to have been abused by the FathBr.
.
Given these facts, the first question to dBtermine by the court is how these
allegations ,by the niece at this, time are even relevant to the case.
.'
ISI U( (llIut (, ,JtL A..cJ.L-
Michael L. Bang~
Custody Conciliator
DatB: May 6, 1997
.
f
I
,
,
11\issinger
&: .
11\il1Singer
lllttomt!,SS sm laW
, .
.
MARY A, UnR DilliNGER
WILLIAM CHUnR DIIIINOER
InPHEN GEORGE HELD
August 13, 1997
, ,
Camp Hilt Ollie.:
28 N. Thlrty'Slcond St,nt
Camp Hill, Plnn.vlvanla 1701'
717176.21140
fAX 717171.3124
MarylvUI.Otllu:
.00 South Stat. Rold
Mlry,villl. pinn.vlvlnll 17053
717 SS7.3474
fAX 7\1 067.2310
File 96-566
,
The Honorable Kevin A. Hess
One courthous~ square
carlisle, PA 17013
RE: Bowers v. Shaffer
~
.
..
Dear Judge Hess:
opposing counsel and I have reached an agreement in principle
and opposing counsel is drafting an agreement for the parties'
adoption and for submission to you so you may enter an order in
this m"tter. Therefore, the hearing presentlY scheduled for August
28, 1997 at 9:30 a.m. shoulq be c~ncelled. 9pposing counsel, sco~t
staller, Esquire, can be contacted at 582-7574 to confirm our I
agreement that this custody hearing should be cancelled.
"Very truly yours,
,,'
Mary A. Etter Dissinger
MAED:ces
cc: Scott M. staller, Esquire
Larry E. Bowers
.
G PlAINTIFF'S
. ',' EXHIBIT'
I"'~, it.... .. ',.' .""!'.,, , .
. ,c' ,.... .. ....,' .~, . ".
~ J', _'. l ""D.1'> r..' . .
'}: .t'~< ~"'-);~.; ~.;'-.
LARRY E, I3O\VERS,
PlaintifT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,'
PENNSYLVANIA
\IS.
NO, 97.1526 CIVIL TERM
KATHLEEN M, SHAFFER,
Dcfendant
,
ClvI~ ACTION. LAW
CUSTODY STIPULATION AND AGHEE!\IENT
!\lADE by and between LARRY BOWERS. (hcreinafter "Mother"), Plaillliff, and
KATHLEEN M. SHAFFER (hcreinafter "Father"), Defcndant,
.
.
.
WHEREAS, Larry Bowcrs and Kathlecn M Shaffer are the natural parents of two
children. both daughters. namely, Stacey A, Bowers, born July 30, 1986, and Stephanie E.
Bowers, born July 30, 1986; and
WHEREAS. the parties intend to modify the prcvious court ordcr dated May 7, 1997;
and
WHEREAS, the parties believe'that it is in the best interests of Stacey Bowers and
Stephanie E. Bowers to settle the within custody matter by stipulation and agreement;
WITNESSETH:
For and in consideration of the mutual promises herein contained, and other good and
valuable consideration. the partics hercto, intending to be legally bound hcreby, agree as follows:
.
.
I, The parties shall share legal custody of thcir minor childrcn, Stacey A, Bowers and
Stephanic E. Bowers.
2. Primary physical custody ofthc minor children shall be with Mothcr subject to periods
of partial custody and visitation with Fathcr .as follows:
~ PLAINTIFF' 5
. EXHIBIT
J .:J)
-..~
hereby agree that spring brcak shall be altcrnated from time to lime when it is not n part of the
Enster holiday, Ifspring brcak is part of the Enster holiday, the schedule set forth above in
Paragraphs 3, A., 3. D, nnd 3. C. shall supersede spring brcak,
E. The partiL'S hereby agree that Memorial Day, Independence Dny, nnd Lnbor
Day shnll be split into two time slots from 7 A.M, of the holiday until 3 P,M. oflhe holidny, nnd
from 3 PM, of the holiday until 7 A.M. the dny nfter the holiday, Mother shall have the first time
slot for Memorial Dny nnd Labor Day in even numbered ycars, and Fnthcr shall hnve the first time
slot for Memorial Day and Labor Day in odd numbered years, Mother shall havc the first time
slot for Independence Day in odd numbered years, and Father shall hnvc the first time slot for
,
Independence Day in even numbcrcd years, The party who does not havc the first time slot shnll
have the second timc slot for that holiday.
F, Thc parties hercby agree that the Thanksgiving holidny shall bc split from 3:00
p, M, Wednesday, the day immediately preceding Thanksgiving. until 3:00 P,M, Thanksgiving
Day, and from 3:00 P,M, Thanksgiving Day until 3:00 P,M. Friday. Thc party whose alternatc
weckend fnlls on that weckend shall obtain custody and/or partial custody of~he children from
3:00 P,M, Friday until Sundny at 7:30 P,M, Mother shall have thc first timc slot in odd numbered
years and Father the first time slot in even numbered years.
G. The parties hereby agree to combine the Christmas holiday and New Year's
Day holiday as follows:
,
I. In odd numbered years, Fnther shall have the first time slot from
Christmas Eve at 3:00 P,M, until Christmas Day at 3:00 P,M, Mothcr shall have this time slot in
even numbercd ~ears.
,.
modificntion thereof,
13, The within Agreement shall be interpreted under the laws of the Commonwealth of
Pennsylvania,
14, The within Agreement shall be effectivc on the day and date hereof,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _
day of
,1997,
..,
Kathleen M. Shaffer
d~/@ou~/ /
Ul:,r:y E, Bowers
.'
,-
"',
.
"
.
LARRY E. BOWERS,
Plaintiff
vs.
KATHLEEN M. SHAFFER
Defendant
. ,.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-1526 CIVIL TERM
CERTIFICATE OF SERVICE
" .
1, Mary A. Etter Dissinger, hereby certifY that on the date
set forth below 1 served a true and correct copy of the foregoing
document upon the attorney for Defendant, by First class united
states mail addressed as follows:
Date:
/tJ/.i'1/!7
, I
scott staller,
P.O. Box
New Bloomfield,
Esquire
264
PA 1706B
~~ t2 /~;7iD6
Mary A. Etter Diss nger
.--..--......
\ ,
,".M..:...~lHIat'..e.~,,';. .
-~--- ~ ~,'
,':
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
LARRY E. BOWERS,
Plaintiff
v,
: No, 97-1526
KATHLEEN M. SHAFFER,
Defendant
service hereof.
I
,
I
!'J
I
I
,
1--
I'
I
NOTICE TO PLEAD
To the Plaintiff:
You are hereby notified to plead to the within New Matter within twenty (20) days from
Respectfully submitted:
d~?:!r~e
p, 0, Box 264
New Bloomfield, P A 17068
Telephone: (717) 582- 7574
Attorney for Kathleen Shaffer
,
'I
I
1
;
I. ..'
LARRY E, BOWERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
KATHLEEN M, SHAFFER,
Defendant
NO, 97-1526 CIVIL TERM
ANSWER TO RULE TO SHOW CAUSE
AND NOW, comes the Defendant, Kathleen M, Shaffer, who by and through her
attorney, Scott M, Staller, Esquire, files this her following Answer to Rule to Show Cause:
J. Admitted,
2, Admitted,
3, Admitted,
4, Admitted,
5, Admitted,
6, Admitted,
7, It is admitted that an agreement was reached and the hearing was cancelled after
extensive negotiations and exchanges of letters detailing the specific aspects of the agreement.
Prior to July 15, 1997, Defendant's counsel sent a Custody Stipulation and Agreement to
Plaintiff's counsel for review based upon the numerous letters exchanged by counsel. On July IS,
1997, Plaintil1's counsel sent a letter requesting modifications to the Custody Stipulation and
Agreement. After the exchange of two more letters (one letter from Defendant's counsel dated
August 2, 1997 and one letter from Plaintil1's counsel dated August 6, 1997), Defendant's counsel
revised the previously prepared Custody Stipulation and Agreement.
I
I
8. It is ad milled that Defendant's counsel revised the previously prepared Custody
Stipulation and Agreement and sent it to Plaintiffs counsel under cover of leller dated August 19,
1997.
9. Admilled. A copy of the facsimile sent by Plaintiffs counsel dated August 22, 1997 is
attached hereto and made a part hereof as though the same were set forth herein at length as
Exhibit "A".
10. Admitted.
11. Admitted.
12. Admitted.
13. It is admilled that Defendant refuses to sign the Custody Stipulation and Agreement,
which was frrst sent to her for her review by letter dated September 21,1997. Defendant refuses
to sign the Custody Stipulation and Agreement because Defendant believes that Plaintiff will
refuse to cooperate in transporting the children to their activities or refuse to allow the children to
participate in any other activities, due to Plaintiffs past and present conduct whereby Plaintiff has
refused to transport the children to their scheduled activity or has arrived late. Plaintiff has had a
history of being very uncooperative with regard to the children's activities and has even voiced his
displeasure that the children were involved in organizations and activities. Defendant believes it is
in the best interest of the children to have Paragraph Nine (9) of the Custody Stipulation and
Agreement to provide that the parties consult one another, but not to require the other party's
consent.
14. It is admitted that the parties reached an agreement, however, Plaintiff and his
counsel continued to negotiate the terms of the agreement as evidenced by the attached facsimile
dated August 22, 1997. Furthermore, the prepared Custody Stipulation and Agreement speaks
for itself.
I S. Denied. Plaintiff and his counsel continued to negotiate the terms of the agreement as
evidenced by the attached facsimile dated August 22, 1997. Furthermore, Plaintiff's counsel did
not return the signed agreement to Defendant's counsel until September 17, 1997.
16. Denied. Defendant refuses to sign the Custody Stipulation and Agreement for the
reasons stated above in her answer to Paragraph 13.
17. Denied. Plaintiff refuses to modify the provisions of Paragraph Nine (9) to the
satisfaction of the Defendant even though Plaintiff and his counsel continued to negotiate over the
terms of the Custody Stipulation and Agreement to the end of August, 1997.
18. It is admitted that Plaintiff signed the agreement, but Defendant is without sufficient
knowledge to form a belief as to the remaining allegations contained in the averment.
WHEREFORE, Defendant requests this Honorable Court to deny Plaintiff's Rule to Show
Cause, deny Plainitiff's request for attorney's fees, and deny Plaintiff's request for additional
visitation.
,
NEW MATIER
19. Paragraph 1 through 18 are hereby and herein incorporated by reference as though
the same were set forth herein at length.
20. Defendant has incurred needless attorney's fees in responding to the allegations
contained in Plaintift's Rule to Show Cause, which Defendant believes to be baseless.
21. Defendant estimates that she has expended or will expend approximately $400.00 in
I
I
legal fees as a result of defending herself against these baseless allegations.
WHEREFORE, Defendant requests this Honorable Court to direct Plaintiff to pay to
Defendant the sum of$400.00 within ten days of the date ofany Order of Court directing such
payment.
Respectfully submitted by,
jiJ{ ~ I -JiJA
Scott M. Staller, Esquire
P. O. Box 264
New Bloomfield, PA 17068
Telephone: (717) S82-7S74
Attorney for Defendant
VEIUI<'ICATlON
I verjty that thnlatemclllS made in this Answer to Rule 10 Show C.usure tNund corroot, 1
unde18tand that false statements herein are made subject to the penalties on 8 Pa, C, S. 04904 relltins
to unsworn falsification to authorities.
~a.tJtJ P1Ad-M .~~
Defcf1danl
i.
...................-...-....--....---.-----...--.---------..---..-------..................................
II
lJlSS1tlCER 1:.. 1I1S';:.11IGE..'
j'l 7 ';,7~ "!.';.~:-l
1--'.1.1:':
,
missitlger
&:
missinger
~UtomtpS at laW
M4RY A, IT IIR DI"'NO'R
WilLIAM CHIIlIR DIU'NQ'R
."'HIN QIOROI HIlD
August 22, 1997
('11I10.' IIlIi "11l1~oC
HI h Thln~'''I,t'lh,1 :tl'~';'
CDIf\D 11111. rnr",,,,IVllllljl \/e;l.
1I/!H'.'/tI,III
FA,'II ",~.wl'
r...III,..,II.lIIIIi,-"
1""1">""11..:.1.111.11,,...1
t.~,J' ~. ,.1,"', I'''''II~ '11~ .1' II.' I /11'1"
11"",1.11/
.,
,AK 717 :1!)7 :.111',t
f'i lc 91>"';"'"
Vi~ Facsimile
Scott St~ller, Eaquire
P.O. Box 264
Naw Bloomfield, PA 17066
REI Dowers v. Shattor
..
Dear Mr. staller:
In reviewing tho final draft of the custody ~tip\lli.'\tic)n, 1,1.
Paragraph 3, Subpart"., my client advises me that both ht! ,\/lei i'oUt'
client are tlsUlIlly off work on the Thursday preceding Good ~'rid"Y.
lie would likQ this: paratJl'lIph r~wdtton so that. if the parent WII05'l'
holiday this is happens to be of f l.wrk on Thursday, they can I~ccj i/1
thoir. visit at 7:00 a.m. if the childr.en are off school. It' tM
childrloln have school on that ~articular Thursday or the pi.\t'cnt: dons
not Qet off work that day, then the visitation period (or Holy
ThurlOday ~Iould bagin afr.J.,!. 45.J?.tA; thrOug~ Gf~~h~r \~~;::"~~ 11\1 p. m,. ,
Is this acceptable? ~,$## L)/?-'3/r;=!~':'~1, ,
In Paragraph 3, subpart f'" my understanding .~ lli,':' tll\.'
Thanksgiving holiday wa9 to begiruJ,t A::b9P ~.ml,.,..,f'r~~a,L~'.?r ^ '?fl.;;;;;'
through 7:00 a.m. Nonday morning.P-W"~ S'/~""3"'~-rvroj.8J(..~CJI
In Paragraph 4, 1 would liko the last sentence to ru.~d,
II Furthel'n\orll, fathQr and mothor shall each give the other ilt lCilst
48 hours adVllnc~otico f his or her intention to obS~1r\jO an
, . ,I "
1l1SerV1Ce tAtly.
In Pnril'i/raph 5, at the entl of subparts A., B.. and ,:., .!,.
would likQ to have the following language inserted, "or ~1Il.) d,.y
cat'o provider", Thi.. permitll your olient to elect whether t"
return the childrgl'l to my cliant or a day care provider, i t ()t1(~ l;.,
encJa<J'.ld. I have inf.Ol'lnad my cliant that your client will bl" llll!
one \:0 IHllect ~Ihothllr gha brincJs thaln to him or a day care provi.'!t:l
. .
Dl':.':.ltll:.tER tl. DJ':;';.lIIGER
717 97~ -!,.,~.,
P. \'J-y,
If th~ro i.G one. In that same parilcJt'/lph, untie!: C., bur. ....n.lIl)iJl. I
sublette!:, where it provides for your client to have twu rull ~OD~~
of unintert'uptec1 time, I ~Iould I ika the last sent.anc:o t I) n",rt,
"Mothllr shall always have custody of the children for the l;;lr~r, 1.'\1 J 1.
week immediately precedinq tho start of the school year in ^Uqll~t.,
which said week ill not: part of Mother's two weeks ot uninterrupted
time, durinq which ~Ieek father shall exercise his nrf(~.\I1,'.h
~IQdnQGday/altern/lta wggkend visitation schedule. II f'VS) ~P,'J.#,~~'I./).
Paragr~ph 7, should read, "It is agreed ~nd undo~sCDOd that
the ho liday &chadule shall s:upllrsede the ~Ieekend v is 1 tll t ion. " III:i
rQ~lindQr of that QQntence Which you have confuses me. J.l t.lll
intention iu to allow thQ part illS to mutually modify the ,Igrocmc,nt,
feel free to insert a separate paragraph for that purpose.
In Paragraph 8, the first sentence should read, "rhe I:" ru.;.
h...rQby agree. if ong party is off work... II The last ~,," "II','P
should rQad, "The childrlln shall be returned to the Ol:llar pnrr.
the day care provider no latar than 4:45 p.m."
In Paragraph 9, vie would like an additional sentmi;:;e,dm'd
that e~ys, "The parent with physical custody of the children ~t the
ti.me of an activIty shall attQmpt to accon\l1\odatg the chilcln,lls'
schedule."~
Let me knovl it' these sllggested changes are satit.tactor',..
V~ry truly yours,
'/1(4-'1 /I, cH.:~ :])....
Mary A, Etter Dissing~1
HAED:ces
Ge: J"arry E. Bowers
,~ ....,
!:!? lr,
,. i-,':
rllf -
Cl. -
G-'I
'-.
~r r.~. . '.i
(-, ;J}
10L '"
-J -,~
~! :.-. . ~'_:{e
,-.' -:.
-.-
lL ,... :5
0 en (.;J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LARRY E, BOWERS,
Plaintiff
: CIVIL ACTION
v,
NO, 97-1526 CIVIL TERM
KATHLEEN M, SHAFFER,
Defendant
MOTION FOR CONTINUANCE
AND NOW, comes Kathleen M, Shaffer, who by and through her attorney, Scott M,
Staller, Esquire, files this her following Motion for Continuance:
1. Following a custody conference and by order dated May 7, 1997, a custody hearing
has been scheduled for July 23, 1997 at 9:30 A,M, in Courtroom No, 4 of the Cumberland
County Courthouse,
2, Counsel for Defendant has a family vacation scheduled for the period of July IS, 1997
through and including July 2S,1997, which has been planned since February, 1997.
3, Counsel for Defendant has contacted Mary A. Etter Dissinger, Esquire, counsel for
Plaintiff. and she has no objection to a continuance of this matter.
4, For all of the reasons above, counsel for the Defendant respectfully requests that this
matter be continued to another date and time.
i~
,
'.
I.
:'
"
i!
,
"
"
I'
:t-
11.
if
,
~ .-
\
0\
oN
,N
-
.-
I-'
~"':
:j~
~:~~
....tf,
'j'/
.~
[R~
.~,;
:-5
u
'W'
',...1
II<
,,'.,
.:Z:.',.
,o~~ .
,..; ,
,. . :a'
i~' ...:'
'0',0 ...
.lIoU ..
;,0... I
,'~~~a..
0~:5104
,U w ...,Eo<
""'.i ::i...U
.: . 1>0.."':'
.(1)1''': - .
\..,.~..~J::. .
,e;"roi ;:U::; 0
:.(OIl<'U'~
,.
. ~
III
~Ill~ .
. ~
...
2-:;.'
. ...
Wftl
.ooi
511<
...:.
...1'..
.",. ..
.
~
~ ~
~ ~l)
~~
III
III
ra.
ra.
.c
ttl4>
IIlI:l
:z:~
III ffi~
I> I':! Gl
...p
is ..
.c:
Ill:
Eo<
Z
...
...:
w
II<
:z:
o
CJ
1M
P
o
E-<
III
e
~. fu~..,
~l~~- ..
~~I~t I .
, ~I~!....I......'.I::::"
6~j!:;;[t
. la'. z:r: ,. ..'
o:~~ ...
. .
,'.:
LARRV E. BOWERS,
PlaL,tiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTV
PENNSVLVANIA
vs.
CIVIL ACTION - LAW
NO. f?- /5"J(. d,J d~f..'1
KATHLEEN M. SHAFFER
Defendant
ORDER OF COURT
AND NOW, j1\(\C \ \, ;~ Cr, I \ CF'I -, , upon
consideration of the attached complaint, it is hereby directed
that the parties and their respective counsel appear before ,~
Ml( \"](1(' \ I .. ~.nr'\"S'A..E,..,.q\ ),r\:..., the conciliator, at 3Clr) \..~
31: S Qi~_ \1-1 LL--tB on the 1 ,>1- day of 1'-1 (\::::,,[ ,
19 c" , at , ',nC", F-.m., for a Pre:"Hearing custody
Conference. At such conference, an effort will be made to resolve
the issues in dispute; or if this cannot be accomplished, to
define and narrow the issues to be heard by the court, and to
enter into a temporary order. All children age five or older may
also be present at the conference. Failure to appear at the
conference may provide grounds for entry of a temporary or
permanent order.
FOR THE COURT,
By:jjlt~SJO~, 'BOAf,\
Custody Conciliator (\.Dj
The Court of Common Pleas of cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the court, please contact our office. All arrangements
must by made at least 72 hours prior to any hearing or business
before the court. Vou must attend scheduled conference or
hearing.
VOU SHOULD TAKE THIS PAPER TO VOUR LAWVER AT ONCE. IF VOU DO NOT
HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE VOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
.it
~-. RU:O-O'RC-
v. 1/"" 1-,. ," t
,". !IIY~'I")." .
'.'. ","",
'Ii.tt,
97 API? _I P" I;}
'1 ..: 10
el"",,,, . . .
....,.l...., , . ",
PENI~sYi.G~IJ~1J.\ i~-
1/'/-?7 d',,/. t~'y' /H,~B J, d~ O~~/~
{/''f,} 'll"~'t Md..tV,~ 111
.if. / 9) h~ ~~e/ 04< I't. ~c> #'
"
LARRY E. ~OWERS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
I
I
vs.
I
I
I
CIVIL ACTION - LAW
KATHLEEN M. SHAFFER
Defendant
NO.
NOT ICE T 0 D E FEN D
You have been sued in court. If you wish to defend against
the claimo set forth in the fOllowing pages, you must take action
within twenty (20) days after this complaint and notice are .,
served, by entering a written appearance personally or by attorney
and filing in writing with the court your defenses or object~ons
to the claims set forth against you. You are warned that if you
fail to de so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE ~ LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN r.ET LEGAL HELP.
~~~~~R~~~~N~;T~~~~~HOUSE 4th FLOOR ,
1 COURTHOUSE S~~~~~ 3387
CARLISLE PA
(717) 240 6200
NOTICIA
Le han demandado a usted en la corte. 5i usted quiere defenderse
de estas demandas expuestas en las paginas siquientes, usted tiene
veinte (20) d1as de plazo al partir de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita 0 en
persona 0 por abogado y archival en la corte en forma escrita sus
defensas 0 sus objecciones alas demandas en contra de su persona.
Sea avisaoo que si usted no se defiende, la corte tomara medidas
y puede entrar una orden contra usted sin previo aviso 0
notificac~on y por cualquier queja 0 alivio que es pedido en la
peticion de demanda. Usted puede perder dinero 0 sus propiedades
o otros derechos importantes para usted.
'f
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 North Front Street
Harrisburg, PA 17101
(717) 232-7536
.----]&1 C<A.;< C/h...~f., -
Ma'fy A.fEttef Dlssinger, Esquire
Attorney for Plaintiff
,.
LARRY E. BOWERS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
VB.
CIVIL ACTION - LAW
KATHLEEN M. SHAFFER
Defendant
NO.
COMPLAINT FOR CUSTODY
1. Plaintiff is Larry E. Bowers, residing at 42 Stephen Drive,
Apartment 7F, Camp Hill, Cumberland County, Pennsylvania.
2. Defendant
Avenue, Enola,
is Kathleen M. Shaffer, residing
cumberland county, Pennsylvania.
Queen
at 52
3. Larry E.
custody of the
Bowers seeks joint
fOllowing children:
legal and partial physical
Name
Stacey A. Bowers
Present Residence
52 Queen Avenue
Enola, PA
Age
10
Stephanie E. Bowers
10
52 Queen Avenue
Enola, PA
4. The children were not born out of wedlock.
5. The children are presently in the custody of Kathleen M.
Shaffer who resides at 52 Queen Avenue, Enola, Cumberland County,
Pennsylvania.
il
I
6. During the past five years, the children have resided with
the following persons at the following addresses:
Person
Larry E. Bowers
Kathleen H. Bowers
stacey A. Bowers
stephanie E. Bowers
Kathleen M. Bowers
stacey A. Bowers
stephanie E. Bowers
Kathleen M. Shaffer
Merrill Shaffer
stacey A. Bowers
Stephanie E. Bowers
Addresses
10 Princeton street
Duncannon, PA
Date
3/92 to
to 6/94
505 Front street
Marysville, PA
6/94 to
9/96
52 Queen Avenue
Enola, PA
9/96 to
Current
7. The mother of the children is Kathleen M. Shaffer who
currently resides at 52 Queen Avenue, Enola, Cumberland County,
Pennsylvania.
B. She is married to Merrill Shaffer.
9. The father of the children is Larry E. Bowers who currently
resides at 42 Stephen Drive, Apartment 7F, Camp Hill, Cumberland
County, Pennsylvania.
10. He is not married.
11. The relationship of Plaintiff to the children is that of
father. The Plaintiff currently resides alone.
12. The relationship of Defendant to the children is that of
mother. The Defendant currently resides with Merrill Shaffer,
Stacey A. Bowers, and Stephanie E. Bowers.
1
13. Plaintiff has not participated as a party or witness, or in
another capacity, in other litigation concerning the custody of
the children in this or another court.
14. Plaintiff
concerning the
has no
children
information of a cust~dy proceeding
pending in a court of this Commonwealth.
15. Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the children or claims to
have custody or visitation rights with respect to the children.
16. The best interest and permanent welfare of the children will
be served by granting Plaintiff joint legal and partial physical
custody because it would best promote the parental relationship
each parent has with the children.
17. Each parent whose parental rights to the children have not
been terminated and the person who has physical custody of the
children have been named as parties to this action. All other
persons, named below who are known to have or claim a right to
custody or visitation of the children will be given notice of the
pendency of this action and the right to intervene: None.
WHEREFORE, Plaintiff requests the Court to grant joint legal
and partial physical custody of the children to him.
Respectfully submitted:
DISSINGER & DISSINGER
"----0A"..... {1f:7. {'
By: /~ ~ ~/)-
Mary A. E ter Dissinger
Attorney for Plaintiff
supreme Court 1.0. #27736
28 N. Thirty-second street
Camp Hill, PA 17011
(717) 975-2840
VERIFICATION
I
,
I ve..ify that the statements made in the Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa,C.S, 54904 relating to unsworn
falsification to authorities.
~
,
(") 1.0 0
S -J -n
,..~ ..J
~\;' \1 L-:!J
(n!.~ :-J ~\r
...... -,en
7:' - .,~
U}. . )
-.. 'J.:B
~;:' ~:
;.: ~ ..:.. <~C)
~.,.( - ;~rn
:,t:- \~_ -
., .....
.;:::> 0",--
:-:1
J; (11 -.
..
...
i .~.~ t _",2 ""__, 11110 wtlh to rlCe/velhe
.~. IIomo 3, 4., ond 4b, following ..rva3 (fat an
I .:: r:;,.~ ond - on.......... of Itit Ionn 10....... con ,",urn IN. .m raa): j
._Itit Ionn 10"'_ of... maIlploco, "'on... b..*" apo<:o _ noc 1, 0 Addro....'. Addro..
. '=-~_Il"""'~acron"'moIjliocobolow"'ll1ldonurT'llor, L2,jl(R..trlctod De/lvtry/
Ii .ThoRolurnR_p1...0h0wI...........II1JdoWllcloll_ond..._ - I
& -, Conaut1 pot1mU1l, for r..,
13, MId. Addtoalld 10: ..., Mlda Number ~
{,' '07 2-0
k"~~lee~ fY1. Sh~FFe'" 4b,SaMcaTypo j
!;" <;l Q lA-ee" A tJe,,(..l~ 0 Rool.lared lli Certified ,
.( hol 0. PA 0 Exprou MeU 0 Insured
170~5 0 AotumAocolplfatMotchrdIl 0 COD
7, Dat. D.llvory ..
I
8, Addrouo.'. Addt.u (~/J rtqfMr.d 1
and foe Is paid) ~
5, R Ived By: (Print Narns)
6..4-111[", ,-'II
I 8, Sl~l1J'O: (Add,."H or Agent)
. )(\-(ICC" \..DLn1,~
PS Form 3811, o-nbo,l894
t
EXHIBIT "A"
,
I
I
i
I
!
.
~
/iii
~
Q .0) :J
, -!
"tl
rn .",
Z I....;:.
Z 'J
~.
r.: .'f_'
-S ~J
Z .\...-)
)i; .:')111
- , ..1
.- "-') ~~
--j
-<. ([1
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LARRY E. BOWERS,
CIVIL ACTION - CUSTODY
Plaintiff
v.
No. 97-1526 Civil Term
KATHLEEN M.SHAFFER,
Respondent
NOTICE TO PLEAD
.,
To the Plaintiff:
You are hereby notified to plead to the within New Matter and
Counterclaim within twenty (20) days from service hereof, or a
default judgment may be entered against you.
it!! ~l:1#!"i<'
P. O. Box 264
New Bloomfield, PA 17068
Telephone: (717) 582-7574
Attorney for Defendant
12, Admitted,
13, No answer is deemed necessary,
14, No answer is deemed necessary,
1 S, No answer is deemed necessary,
16, Denied, The best interest and permanent welfare of the children will be served by
limiting father's contact to supervised visitation for the following reasons:
A, Mother's niece indicates she was sexually abused by Plaintiff as a young girl
from the approximate age of five (S) until the approximate age of twelve (12), Mother is
concerned for the health, safety and welfare of the children while the children are in the custody
of Plaintiff,
B. Father has not taken full advantage of the current custody arrangement in that
he has left the children with a baby-sitter numerous times while he went out and/or he does not
take advantage of all designated periods of visitation,
C, Father does not spend lime with the children while the children are in his
custody in that the father prefers to do what his friend's boys desire, Father has shown a lack of
desire to take the children to their activities, and he has not been ensuring the children have
adequate study time for their classes, especially on weekends, when the children are in his
c:Jstody,
D, Father and the children stay at father's friend's house during his periods of
partial custody where the children do not have their own bedroom,
WHEREFORE, Respondent requests that Plaintiffs Complaint for Custody be dismissed,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA
LARRY E, BOWERS,
: CIVIL ACTION. CUSTODY
I
I
Plaintiff
v,
: No, 97.1S26 Civil Term
KATHLEEN M.SHAFFER,
Respondent
CERTIFICATE OF SERVICE
.,
1 hereby certify that 1 am this day serving a certified copy of Defendant's Answer
and New Matter to Plaintiffs Complaint for Custody on the person at the address
below by first class mail by depositing the same at the U. S. Post Office, New
Bloornfield, PA 17068, which service satisfies the requirements ofP.R,C.P. 440:
--
"
.~
...,
Mary A, Dissinger, Esq.
28 N. 32nd St.
Camp Hill, PA 17011
Attorney for Plaintiff
Dated: April16,1997
".~ fJI/ ~
Scott M. Stal er, Esquire
P.O.Box264
New Bloornfield, PA 17068
Telephone: (717) 582-7574
Attorney for Defendant
~~, ,:,', u
:!;~~~':;
~~~;~f.: .
'~""
:f/j:
,it,;, i
:t~!j.~ (,
'.~~\..~~;
.~f5:l.,,:
'. "" '.
., '_.1!.', 0
~/t,.':
f~~)\;: .
.!~<:. ~ ".
-
. C\I G
~ g ! ~~
~ :a! tH~
&,.. fI
. en B
'~};,.,-;: .
::1.'
!Ii:.
:z:.. .
0'
2.C:.
o ,.
C1
~B ~.
. ~.~~...~
f3,.;;~ 0 .
01ll0<,",1D
. C1roJ> t ~
:'SB j Jl
c; la.roJ ~o
, 0A.C1:Z:
..
fI)
1ll'W
(:'W
0;:
/Ila
...
roJ "'.
~ri
III A.
PI
0<
.,.;;
PI
roJ
....
....
m:u
fl)a
:z:~
:z:~
:> r.l'W
r.lCII
";;1:)
i:
0<
II:
II:
E
~
-
~ j~
~ ~Il, 1
dG1, ~.'."
, ;?; <~iE
l:l z . ,
i5 ~J..
:J:
~
o
Eo<
r.l
fQ
o
A.
fI)
roJ
II:
I'
.J': .
,,-.,.,
;:'.
.,
'. .'. .J
'.a, . ....
d. Admitted in part and denied in part. It is denied that
the father and the children stay exclusively and continually at
his "friend's house during his periods of partial custody".
WHEREFORE,
existing custody
of the children.
Plaintiff requests the Court to modify the
Order and expand plaintiff's periods of custody
DISSINGER & DISSINGER
By: '--;;7/f......, /.-fL2b:cA1:~
Mary A. Etter Dis6inge
Attorney for Plaintiff
supreme Court 1.0. #27736
28 North 32nd Street
Camp Hill, PA 17011
(717) 975-2840
LARRY E. BOWERS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
KATHLEEN M. SHAFFER
Defendant
NO.
CERTIFICATE OF SERVICE
I, Mary A. Etter Dissinger, hereby certify that on the date
set forth below I served a true and correct copy of the foregoing
document upon the attorney for Plaintiff, by First Class United
States mail addressed as follows:
SCOTT M STALLER ESQUIRE
POBOX 264
NEW BLOOMFIELD PA 17068
Date:
.5/1 (fl
, /Jf~,t?<<~~
Mary A'. Etter D1SS nger(!
- . ....-... .~_........
3. The parties shall alternate the following major holidays such
that Father has Memorial Day, Mother has Fourth of July, and Father
has labor Day.
4. Father shall have the children for a period of vacation from
June 23, 1997, until June 27, 1997, and additionally from July 21,
1997 until July 28, 1997. Mother shall have the children for a period
of vacation from July 3, 1997, through July 13, 1997.
5. Father shall have reasonable telephone access with the
children which should occur between 6:30 p.m. and 8:00 p.m.
6. A hearing is scheduled for the
:J,slt{ day of
'jtd} ,1997, at (1; ~o o'clock-L.M., in Court
Room Number i of the Cumberland County Court House, Carlisle,
Pennsylvania. Both parties, through counsel, will provide each other
and the court with a list of witnesses ten (10) days prior to the date of
the hearing along with a statement as to their expected testimony.
Additionally, both parties will submit their proposal for a resolution of
the matter.
BY THE COURT,
Mary A. Etter Dissinger, Esquire _ C
Scott M. Staller, Esquire
. /IlL
J.
~LS/8i'17.
."A ,1' ,
LARRY E. BOWERS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 97-1526 CIVIL TERM
KATHLEEN M. SHAFFER,
Dafendant
CIVIL ACTION - LAW
JUDGE PREVIOUSLY ASSIGNED: None
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the child(ren) who is(are) the
subject of this litigation is as follows:
NAME
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Stacey A. Bowers
Stephanie E. Bowers
July 3D, 1986
July 30, 1986
Defendant
Defendant
2. A Conciliation Conference was held on May 1, 1997, and the following
individuals were present: the Plaintiff and his attorney, Mary A. Etter Dissinger,
I
,
j
!
i
?
I.
~ .
. '
,
\ .
t,
I
i
Esquire; the Defendant appeared with her attorney, Scott M. Staller, Esquire.
3. Items resolved by agreement: A temporary Order.
4. Issues yet to be resolved: Permanent custody schedule.
5. The Plaintiff's position on custody is as follows: Plaintiff petitioned the
Court for expanded visitation with the children. He wanted to expand the weekend
schedule so that he could have the children over until Monday evening. He also
wanted an additional overnight during the week and transfer the children all
summer to him. Additionally, in light of Mother's accusations, he believes that the
custody should be transferred to him as will be explained more fully In the
Conciliator's comments.
6, The Defendant's position on custody is as follows: DefendAnt wants
Father to have supervised visitation because of allegations made by the
Defendant's niece, Ginny Thomas, who is currently 22 years old. Allegedly
Ms. Thomas began to remember being molested by Mr. Bowers as a result of
therapy sessions she began undergoing in 1995. The information suggested that
these memories were brought back by some type of hypnosis. Apparently the
molestations occurred for a period of seven years from the time she was 7 to 14,
although they never came to surface until 1995, and apparently she never felt able
to bring them to light to testify against Mr. Bowers until now, which coincided with
the filing of the custody petition by Father. The Mother did acknowledge that the
Father had followed through with the schedule that is the temporary Order and has
been following through with that since they entered into a custody agreement In
1994 when they were divorced. She also indicated that she had her two daughtars
Interviewed and checked out and epparently there has been no abuse of them by
anyone.
The Mother also mada soma complaints about the fact that when the
childran are with Father, that he does not spend quality time with them but rather
is spending more time with his fianc~'s children. She had other concerns about
how she believes the Father treats the girls when they are with him, all of which
Father denies.
7. Need for separate counsel to represent child/ren): Neither pany
requested.
8. Need for independent psychological evaluation or counseling: None
requested and the Conciliator does not believe any is necessary.
9. A hearing in this matter will take one day.
10, Other matters or comments: This is an interesting case in that we have
a situation whereby the parties have been following through with a custodial
arrangement which came about through an agreement that they reached through
their divorce in 1994. That agreement was never made a court order, but is
essentially what the temporary Order is in this case. Mother indicated that she
never pursued a change in the custody based upon these alleged sexual abuse
incidents with her niece because the niece was unwilling to testify against the
Father until now. Apparently the niece finally was willing to testify once the
petition for expanded visitation was filed by Father. Supposedly the abuse occurred
,
>
for a seven year period when the child was between the ages of 7 through 14 and
she never made any accusation against her uncle, who is the father of these
.1
i
children, until she was 22 years of age.
The Conciliator indicated to Mother that these are very serious allegations to
Date: May 6, 1997
M
be raising at this time and that she should be very certain that they are true before
going forward in the case. It is significant, from the Conciliator's standpoint, that
the two children who are the subject of this custody battle, have never exhibited
any signs of abuse and have never claimed to have been abused by the Father.
Given these facts, the first question to determine by the court is how these
allegations by the niece at this time are even relevant to the case.
Michael L. Bangs
Custody Conciliator
LARRY E. BOWERS,
Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
vs,
97-lS26 CIVIL
I
I
i
t
KATHLEEN M, SHAFFER,
Defendant
CIVIL ACTION - LAW
ORDER
AND NOW, this
'Z- -=l-' day of Augusl. 1997. it appearing that settlement of the
above matter is pending, hearing sel for August 28.1997. is continued generally.
BY TIlE COURT.
Mary A, Etter Dissinger, Esquire
For the Plaintiff
e7';...."'[1.~(~L~1 ;1'1)9'1,
A -f,
.Ad
. Hess, J.
Scott M, Staller, Esquire
For the Defendant
:rlm
'(1
r
..,
':-/V:' I
I:
('-;
(' "
..".,;
I
VERIFICATION
I verify that the statements made in the Response to New
Hatter are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 54904
relating to unsworn falsification to authorities.
LARRY E. BOWERS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
KATHLEEN M. SHAFFER
Defendant
NO.
CERTIFICATE OF SERVICE
I, Mary A. Etter Dissinger, hereby certify that on the date
set forth below I served a true and correct copy of the foregoing
Response to New Matter upon the attorney for Plaintiff, by First
Class United states mail addressed as follows:
Scott M. Staller, Esquire
P.O. Box 264
New Bloomfield, PA 17068
Date:
12 /lS-/n
"-?A c--c-, af/J./). ~ _
Mary A,I Etter 'DIssinger
I
I
LARRY E. BOWERS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
KATHLEEN M. SHAFFER
Defendant
NO. 97-1526 CIVIL TERM
CERTIFICATE OF SERVICE
I, Mary A. Etter Dissinger, hereby certify that on the date
set forth below I served a true and correct copy of the Order of
Court dated November 5, 1997, upon the attorney for Plaintiff, by
First Class United States mail addressed as follows:
SCOTT M STALLER ESQUIRE
POBOX 264
NEW BLOOMFIELD PA 17068
Date: 11/7 I~ I
lAtiO~
Mary . Etter D sSlnger
'~"::
(: ..~J ~. )
".J "
...,
; I
'''''j -n
'In
..r;,
(..", ;(:7
',S
~, ',' "'I
-"r)
,.-
.C)
-, 'I
.. ..
~!
h) ."
-:
NO. 97-1 S26 CIVIL TERM
LARRY E. BOWERS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
KATHLEEN M. SHAFFER,
Defendant
CIVIL ACTION - LAW
ORDER
. /9')1
AND NOW, this .L day of _.{"a.. "'~___ ' J,5lIn; upon consideration of the
attached stipulation and agreement between the parties herelo, and on motion of Mary A, Etter
Dissinger, Esquire, attorney for the Plaintiff, and Scott M, Staller, Esquire, attorney for the
Defendant, it is ordered and decreed as follows:
1, The parties shall share legal custody of their minor children, Stacey A. Bowers and
Stephanie E, Bowers.
2, Primary physical custody of the minor children shall be with Mother subject to periods
of partial custody and visitation with Father as follows:
A, Every other weekend from Friday at 4:00 P.M, until Monday morning 7:00
A.M, at which time the Father will either deliver the children to school, to the appropriate day
care provider, or to Mother's residence. The alternating weekend schedule shall continue on its
regularly planned schedule based on the effective date of May 2, 1997 in the previous Order dated
B. Every Wednesday evening from 4:00 P,M, until Thursday morning 7:00 AM.
i
I
,
,
,
r
l
May 7, 1997,
at which time the Father will either deliver the children to school, to the appropriate day care
provider, or to Mother's residenc,'
,.'
C, Every other Tuesday following Mother's weekend of custody with the children
t
,
r
from 4:00 P,M, until Thursday morning 7:00 AM. at which time the Father will either deliver the
I
I
children to school or to the appropriate day care provider, or to Mother's residence.
3. The parties hereby agree that the holiday schedule shall be as follows:
A. The parties shall alternate from year to year Holy Thursday at 7:00 P,M, until
Good Friday 7:00 P,M. The parties hereby agree that Father shall have this time slot in even
numbered years and Mother in odd numbered years,
B. The Easter holiday shall be from Good Friday at 7:00 P,M. until Easter Sunday
at 3:00 P,M, The parties hereby agree that Father shall have this time slot in odd numbered years
and Mother in even numbered years.
C. The parties shall alternate from year to year Easter Sunday at 3:00 P,M. until
Easter Monday at 7:00 P,M. The parties hereby agree that Father shall have this time slot in even
numbered years and Mother in odd numbered years.
D. Should spring break from school not encompass the Easter holiday, the parties
hereby agree that spring break shall be alternated from time to time when it is not a part of the
Easter holiday, If spring break is part of the Easter holiday, the schedule set forth above in
Paragraphs 3, A, 3, B, and 3. C, shall supersede spring break.
E, The parties hereby agree that Memorial Day, Independence Day, and Labor
Day shall be split into two time slots from 7 A,M, of the holiday until 3 P,M, of the holiday, and
from 3 P,M. of the holiday until 7 AM. the day after the holiday. Mother shall have the first time
slot for Memorial Day and Labor Day in even numbered years, and Father shall have the frrst time
slot for Memorial Day and Labor Day in odd numbered years. Mother shall have the first time
slot for Independence Day in odd numbered years, and Father shall have the first time slol for
Independence Day in even numbered years. The party who does not have the first time slot shall
have the second time slot for that holiday.
F, The parties hereby agree that the Thanksgiving holiday shall be split from 3:00
p, M. Wednesday, the day immediately preceding Thanksgiving, until 3:00 P,M. Thanksgiving
Day, and from 3:00 P.M. Thanksgiving Day unlil3:00 P.M. Friday, The party whose alternate
weekend falls on that weekend shall obtain custody and/or partial custody of the children from
3:00 P,M. Friday until Monday at 7:00 A.M. Mother shall have the first time slot in odd
numbered years and Father the first time slot in even numbered years,
G. The parties hereby agree to combine the Christmas holiday and New Year's
Day holiday as follows:
I. In odd numbered years, Father shall have the first time slot from
Christmas Eve at 3:00 P,M. until Christmas Day at 3:00 P,M, Mother shall have this time slot in
even numbered years.
ii. In odd numbered years, Mother shall have the next time slot from 3:00
P,M. Christmas Day until 3:00 P,M, December 28. Father shall have this time slot in even
numbered years.
iii. In odd numbered years, Father shall have the next time slot from 3:00
P,M. December 28 until New Year's DaY:lt 3:00 P,M, Mother shall have this time slot in even
numbered years,
IV, In odd numbered years, Mother shall have the last time slot from 3:00
P,M, New Year's Day until 3:00 P,M. hnuary 2. Father shall have this time slot in even
numbercd ycars, und, should the chlldrcn huve school Junuury 2, Fulhcr shull deliver the children
to school at the commencement or the school duy.
4. The parties hereby ugree thut uny in-service duys lilr school shall be alternated between
the purties such that the purty who hus the childrenlilr the prior in-service day will not exercise
visitation on the succccding in-scrvice duy unless the othcr purty cannot exercise that right. On
the next in-service day that occurs, the purty who did not huve the children on the last in-service
day shull be entitled to have the childrenund the in-scrvice duys shall continue to rotate in this
manner. The intention is thut the excrcise of custody for in-service days shall be rotated rather
than the in-service duy itself being rotutcd. Therefore, ifboth purties are unable to exercise
custody during an in-scrvice day, the purent who most recently exercised custody on an in-service
day will not excercise custody on the next in-service duy, unless the other party is unable to do so.
Furthermore, father und mother shall each give the other alleast 48 hours advance notice of his or
her intention to observe an in-scrvice duy.
S. During the summcr vucution pcriod from school in the months of June, July and
August, Fathcr shall have two full wccks of uninterrupted partial custody for the purposes of
visitation and thrce continuous wccks of intcrruptcd partial custody for the purposes of visitation,
Durinll the interruptcd purtiul custody schedule, Mother shall have custody of the children at the
following times:
A. Every othcr weckend from Friday at 4:00 P,M, until Monday morning at which
time Mother will dcliver the childrcnto FatheJ1Of" ~ ~"'Y r CO\K ~("Q,,"k
B. Evcry Wednesduy evening from 4:00 P,M, until Thursday morning at which
time Mother will deliver the children to Futher; tWMI oj ( ~ c-I.. 'f r '" ~ .f/'Q J; ~ ("I p..-"y
],
day provided lhat the party who has (,If work Ilivcs allcast 48 hours advance notice of their
intention 10 visit with thc childrcn Thc children shull be rcturned to the other party or the day
care provider no later thun 4:4S P.M.
9. Neither purcnt shull silln thc childrcn up for additional activities without consulting the
~ "'H.,g( o",n,,+ w~" fUJT "'r-l'."s.o""'~7 vV.'ik\-..\.l ~'i.r
olher purent. , .l' . -
cA.."'~f"f' '/'1;1/' ,.I t.\;, ",,\ 'qIJ,-fd!o.
10. Thc partics muy mUlUully IIllrce upon other periods of custody and/or partial custody
for the purposes of visit uti on from timc to time as the parties deem appropriate,
IlY THE COURT:
Ad.
i
I
I
I
I
r