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* Me\an\ e. A. (::0\1''<'\"(:'"\
Plaintiff
: IN 'I'HE COllR'I' OF COMMON PLEAS OF
:CUMBERLAND COUN'I'Y, PENNSYLVANIA
V
.
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:CIVIL AC'I'ION - LAr.,
:NO. J(; \ I CIVIL
:CUSTODY/VISJ:.'I'A'I'ION
* BruLe... t::::,. polf'f'..C'l
Defendant
19ctl
ORDER OF COURT
AND NOr." this (date) S/061Cfl, upon consideration of the
attached complaint, it is hereby directed that thej'arties and
their re~p~ctive counsel appeal.; before l'1icho{'>~ l.. l~00CI ') [=:<;q. ,
the conc~hator, at ')(",ri ,\. I g \ h ,\\- . CCI"'f: !:J:j I I EAJ
on the G, day of . " )0. ("> , 19 C1, , at .'). Ilr'\
P. M., for a Prehearing 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 temporazy order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatozy. Failure to appear at the conference 'may provide
grounds for entry of a temp,?razy or permanent order.
FOR THE COllR'I':
By: 1llLc..f7LQQ Q ~ 1:)f)Jnf'1Ab~, ,
Custody Conciliator(n~)a~
YOU SHOULD 'I'AKE 'I'HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA tIE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 'I'HE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COUR'I'HOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717 )240-6200
4. During the past live years, the children have resided with the following persons and
at the following addresses:
A. From 11/95 to 06/96 - Lindsey Ann Palmer resided with her father at 6024
Hummingbird Lane, Mechanicsburg, PA 17055.
B. At all other times during the last live years, Lindsey Ann Palmer has resided with her
mother and her sister, Jillian Rae Palmer, at 6 Cedar Court, Enola, Pennsylvania 17025.
5. The mother of the children is Melanie A. Palmer, currently residing at 6 Cedar Court,
Enola, Cumberland County, Pennsylvania 17055. She is single.
6. The father of the children is Bruce D. Palmer, currently residing at 6024 Hummingbird
Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. He is single.
7. The relationship of Plaintiff to the children is that of Mother. The Plaintiffcurrently
resides with the following persons:
Name Relationship
Lindsey Ann Palmer Daughter
Jillian Rae Palmer Daughter
8. The relationship of Defendant to the children is that of Father. The Defendant
currently resides with the following persons:
Name Relationship
N/A
9. 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.
Plaintiff has no infonnation ofa custody proceeding concerning the children pending in a court
of this Commonwealth.
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.
10. The best interest and pennanent welfare of the children will be served by granting the
relief requested because:
A. The children have lived with their Mother. the Plaintiff since the time of their
parents divorce and she has provided them with a loving. stable environment.
B. On or about May 16, the Plaintiff and her daughter, Lindsey Ann Palmer had an
argument which resulted in the children leaving the Plaintift's home to stay with their
Father.
C. Plaintiff has made numerous allempts to have the children returned to her care but
has been unable to convince the Defendant that the children should be returned to her.
11. 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. There are
no other persons who are known to have a claim or right to custody or visitation in this matter.
MELANIE A. PALMER,
PLAINTIFF
V.
BRUCE D. PALMER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-2817 CIVIL TERM ./
BRUCE D. PALMER,
PLAINTIFF
V.
MELANIE A. PALMER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-2845 CIVIL TERM
ORDER OF COURT
AND NOW, this 30th day of May, 1997, following consideration of the petitions
of both Bruce D. Palmer and Melanie A. Palmer for emergency orders of relief
pending conciliation In these custody cases, IT IS ORDERED:
(1) Pending conciliation, the father Bruce D. Palmer Is awarded temporary
physical custody of Lindsey A. Palmer.
(2) Pending conciliation, the mother Melanie A. Palmer is awarded temporary
physical custody of Jilllan Rae Palmer.
(3) The parties shall make arrangements among themselves for each child to
visit the other parent pending the entry of an order following conciliation.
By the Cou!}j
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A true and correct copy of the relevant provisions of this agreement are attached hereto and
incorporated herein by reference as Exhibit "An.
6. On or about May 18, 1997, the Petitioner and Lindsey Ann Palmer had an argument
which resulted in Lindsey leaving her mother's home and going to stay with her father. Jillian Rae
Palmer, upset by the argument, also went to visit with her father at that time.
7. Once both children were at their father's home. he decided unilaterally that a change
of custody was appropriate and informed the Petitioner that he was keeping both children in his care.
8. Despite the requests of the Petitioner, the Respondent did not return the children to
the Petitioner and refused to make arrangements for the Petitioner to visit with the children. Her only
access was through limited telephone contact.
9. At the time of the filing of this Petition, Lindsey Ann Palmer remains in the physical
custody of her father and Jillian Rae Palmer is in the physical custody of her mother.
10. On or about May 25. 1997, Jillian Rae Palmer was visiting at the home of a mend
located near the Petitioner's residence. The Petitioner went to home of the mend and picked Jillian
up and returned to her home with her.
11. The Respondent, discovering that Jillian was in her mother's care, came to the home
of the Petitioner and demanded her return. Lindsey Ann Palmer tried to physically remove Jillian from
her mother's care. Lindsey Ann Palmer is still ang!)' with her mother as the result of the May 18,
1997. argument and believes that she has adult decision making authority regarding her custody and
custody decisions affecting her sister, Jillian.
12. The Petitioner has learned that the Respondent has attempted to file kidnaping charges
against her with the East Pennsboro Township Police. The Respondent has made repeated
[717] 349-2982
P.02
~o . .RIfAL BS'1!Nl'B.
Contemporaneous with the execution hereof, husband has, by
deed, granted and conveyed to wife the real property located at
104 East Cumberland Road, Bnola, County of Cumberland State ot
Pennsylvania, subject to mortgages, cov;enants, and restrictions
of record. Jiife lIIill pay to Husband the sum ot Twelve Thousand
Dollars ($12,000.00) tor Husband's interest in said real property
and in full pa}'lllflnt for Husband's interest in any other marital
property. 'Nife acknowledges receipt of the deed. Jiite shall
timely make all payments due or to become due on the existing
mortgage, and, in all respects, shall hold husband har~ess.
~l. ALIIlONY, ALIMONY PBNDBN'l'B ~B, COUNSBL PBBS AND BXPBNSBS.
..
Jiife and Husband have waived any and all right they now have
or hereafter may acquire to seek or receive permanent alimony,
support, alimony pendente lite, counsel tees and expenses from
the other, in any and all actions for divorce or other termina-
tion ot the existing marriage between the parties, "hether
heretofore or herearter brought, in any jurisdiction whatsoever.
12. P1!NSIONS.
Husband and Wire agree that each waives any claim upon the
pension or pension rights or the other.
13. CHILD SUPPaill' AND JlBDICAL cav]!RAGZ.
Jiite agrees to provide medical cov~rage tor Lindsey and
Jillian so long as same is available rrom her place or employ-
ment. Jiife ",aives any claim for child support.
14. CUS'I'ODr OF AND VISITNl'ION FOR MINOR CHILDREN.
A. Husband and Jiite agree to joint custody or Lindsey and'
Jillian and to allot the legal rlllllitications ot a joint custody
arrangement under the laws ot the C01/l1JlOnwealth ot Pennsylvania.
Residential custody shall remain in so long as is physically and
mentally capable of such and does in tact carry out these duties.
and responsibili ties in a proper manner.
B. Husband and Jiife agree that Lindsey and Jillian will
reside with Jiite tor the present time. Husband shall be entitled
to visitation at any time when same is requested.
4
EXHIBIT "A"
May-19-97 03:24P Richard L. Bushman
[717] 349-2982
P.03
IS. VISI'l'Nl'ION HAKB-UP '1'IMB.
'l'he parties recognize that there llIay be circUlllBtances rrom
time to time ~hich may prevent the exercise ot visitation at the
agreed dates and times. 7'0 that end, the parties agree that each
will give timely and reasonable notice to the other ot the exist-
ence ot such circUl1l8tances. 7'he parties further agree that an
equal alllOunt of make-up visitation time ~ill be granted tor any
visitation which does not take place as schedUled.
16. CONSUlJrA!I'ION CLAllSB.
'l'he parent having custody shall COnLer all IlUItters ot impor-
tance relating to the Children'S best interests, as ~ell as keep
the other parent iruor:1led of the progress ot the children's edu-
cation and social adjustments. '\
17. ILUiBSS OF CHILDREN.
In the event ot any serious illness ot any at the children
at any time, any party ~hen having custody ot the said child
shall immediately COllllDlJnicate with the other party by telephone
or any other means, inLorming the other party at the nature at
the illness. During such illness, each party shall have the
right to visit the child as otten as she or he desires, consis-
tent dth the proper mediclll care at the .aid child. !roo ~ord
-illness. as used herein .hall mean any disability which con-
tines the child to bed under the direction of a licensed
physician tor a period in excess ot 48 hours.
18. COLLBGll 1llX1CNl'ION BXPllNSBS FOR CHILDREN.
Husband and Wite eac:h ackno~ledge that there is any expec-
tation that their c:hildren will attend college or pursue other
educational proqrams aLter high school, and Husband and NUe
ac:kno~ledge that their tinanc:ial responsibility ror their child-
ren shall extend dUring suc:h time as they are pursuing their
education. Husband and Wite agree that: the amount ot support
which Husband and/or Wite should pay tor eac:h child as they pur-
sue their education aLter high school shall be suc:h amount as is
agreed between the parties, or as is directed by the Court in
light at the circumstances which exist at the time.
19. IIl/'l'UAL RBLBASBS.
Husband and Wire eac:h do hereby mutually remise, release,
quitClaim and torever discharge the other and the estate at such
other, tor all time to c:ome, and tor all purposes whatsoever, ot
and tcom any and all rights, title and interests, or claims in or
against the property (inc:luding income and gain trom property
5
* M-c\oni e A, ~\M~r
PlaJ.ntU~
"
'IN 'l'HB COUR'l' OF COMMON PLEAS OF
'CUMBERLAND COUNl'Y, PBNNSYLVAUrA
,
lCIVIL AC'l'ION - LAW
:NO. dB \ 'l CIVIL
, CUSTODYIVISI-TATION
.l9Clfl
V
* -Bruc..e.. t:::" po.lN'\~r
De~.ndant
ORDER 01" aCORl'
AND NOW, thi..' (date) S/dg 1'1" upon conlf1.dtJration of the
attanh.d complaint, it i. hereby directed that thejpartieB and
their rupeccJ.ve counsel appear b.~o:r1J )1~cha~1 L. l&){\9 s ~() , ,
the oonail.1acor, at 3()~ $" 18't1"\ ,~:!:' , c:~ FHI l--:-~~ i:
on the (n day oE -:JLJ"S:: , 19Q,., at d. ~ I'Y"'\
P, M.', Eor a prehearing au.cody Con~erence. At: /Juah aonzerenae,
an eEeorf; wiU b. made to resolve t:be issue. J.n dJ.spucel or i~
this 'cannot: be accompliShed, tQ deflne and narrow the dssu.s to be'
heard 'by th. court, 4nd to enter ut:a 4 tlllllPorar,y order. lli.ther
party may bdng the ahiJ.d who i. t:b. subject of thi. austody
action to the con~erena., but the a1U.ldlabildren's attendanae is
not mandatory. Failure to 4,pp.ar 'at: t:h. aont'erenae 'may provi.de
grounds lor .ntry of II temPl.?rar,y or ,pema.aent: order.
I'OR 'l'1lE COURr 1
By, ~N2c~a~~~F~ '
YOU SHOULD 2'AKE 'l'HI S PAPBR 'l'O 1"Oll.R LAf'ml'R A!!' ONciJ:. IF YOU DO NOll'
HAV1J: A LAf'ml'R OR CANN02' AFFORD OllB, GO 'l'O O.R '.l'ELEPHONE 2'HB OFFICB
SBr FOR'l'H BELOW fa FIND OU!!' WHBU fOU CAN GE2' LEGAL HBLP.
OFFICB OF rHE COUR'l' ADHINrSl'RA'l'OR
COUR'l'HOUSlt, l'OUR'l'H P.LOOR
CARLISLE PA 17013
('l,Z7j240-6200
EXHIBIT "n"
Plaintift'has no infonnation of a custody proceeding concerning the children pending in a court
of this Commonwealth.
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.
10. The best interest and pennanent welfare of the children will be served by granting the
relief requested because:
A. The children have lived with their Mother, the Plaintiff since the time of their
parents divorce and she has provided them with a loving, stable environment.
B. On or about May 16, the Plaintiffand her daughter, Lindsey Ann PaImer had an
argument which resulted in the children leaving the Plaintiffs home to Slay with their
Father.
C. Plaintift'has made numerous attempts to have the children returned to her care but
has been unable to convince the Defendant that the children should be returned to her.
11. 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. There are
no other persons who are known to have a claim or right to custody or visitation in this matter.
vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. tI")- ~'/.5' t'~1 ~-
IN CUSTODY
BRUCE D. PALMER,
Plaintiff
MELANIE A. PALMER,
Defendant
ORDER OF COURT
AND NOW, 6/6 1991, upon consideration of the attached complaint, it is
hereby directed that the parties and their respective cOllOsel appear before
nll~'li A...,~ ,Esquire, the conciliator, at }O). ~, i9'( 411'<ff en." H,'II
, Pennsylvania, on'}h.J.v-h-J the \'\ day of ,\0 \.......1 , 1997, at
~ I
~ (J0 o'clockO.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.
Eithlll party may bring the child who is the subject of this custody action to the conference,
but the children'~ attendance is not mandatory. Failure to appear at the confer>:lrlce may
provide groundr. for entry of a temporary or permanent order.
FOR THE COURT,
YOU SHOULD 'TAKE THIS PAPER TO YOUR LAWYER AT ONCF.. IF YOU DO NO r
HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
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2. A Conciliation Conference was held on May 6, 1997, end the following
individuals were present: the Mother and her attorney, Kathleen Carey Daley,
Esquire; the Father appeared with his attorney, Samuel L. Andes, Esquire.
3. Items resolved by agreement: None
4. Issues yet to be resolved: An ultimate custodial arrangement for the
children.
5. The Plaintiff's position on custody is as follows: Mother acknowledges
that there is an estrangement occurring with her oldest daughter, Lindsey, who is
sixteen years of age. Lindsey, after a recent confrontation with her mother, left
and is living with Father. Lindsey has indicated to her Mother that she does not
want to see her at this time. Mother acknowledges the need for involvement of a
psychologist and has agreed to participate in an evaluation in this case.
Pending the completion of the evaluation, Mother suggested that the
arrangement be continued whereby Lindsey is staying primarily with the Father and
Jillian remains primarily with her, and that the girls be together with each parent on
the weekends. She is concerned that Lindsey's strong feelings against her at this
time will be transferred to JiIlian and that that will result in a poisoning of the
relationship she has with JiIlian at this time. She also expressed some reservations
as to the Father's living arrangement as it relates to supervision over the girls if
they are living with him primarily.
2
6. The Defendant's position on custody is as follows: Father indicated that
Lindsey has expressed a strong desire to him to stay with him and does not want
to see her Mother because of the recent episodes. He also indicated that Jillian has
expressed a desire to live with him as well. He has agreed to participate in a
custody evaluation to try to come up with a solution to the problem at this time.
Pending the completion of the evaluation, Father's suggestion was that they
go on a week-on, week-off schedule so essentially the children are together at all
times, but in each other's household. He acknowledges the fact, however, that
Lindsey will not go over and live with Mother at this point so that the week-on,
week-off arrangement will essentially be that ,the youngest daughter, Jillian, is
going back between households until the relationship can be repaired with Lindsey
and her Mother.
7. Need for separate counsel to represent child(ren): Neither party
requested.
8. Need for independent psychological evaluation or counseling: The parties
agree that they shall participate In a custody evaluation to be performed by Arnold
K. Shlenvold, Ph.D.
9. A hearing in this matter will take one day.
10. Other matters or comments: An Emergency Order was entered in this
case dated May 30, 1997, following emergency petitions filed by both parties. The
3
Order g.ranted temporary physical custody of the oldest child, Lindsay, to Father,
and temporary physical custody of the youngest daughter, Jillian, to Mothar. The
parties were unable to make arrangements for a temporary order pending the
complation of the evaluation or ultimate custody hearing. Attached to this Report
is a copy of that Order.
The Conciliator spoke with both girls to try to get some insight as to what is
occurring and to come up with a temporary resolution of the case. Upon speaking
with Lindsey, it became clear that she has a significant estrangement with her
Mother but is willing to re-establish a relationship with her. Lindsey's main goal
seems to be that she wants to spend as much time with her younger sister, Jillian.
It is apparent that the two girls are very close and that they find comfort in each
other during these stressful times. Lindsey agreed with the Conciliator that she
would re-establish a contact with Mother, but only on an alternating weekend
schedule and provided that Mother's boyfriend is not present. Therefore, as far as
Lindsey is concerned, an appropriate custodial arrangement for the time being,
pending the involvement of the psychologist, would be for Lindsey to be with her
Mother on an alternating weekend basis. Mother must make sure that that time is
used to re-establish her relationship with her daughter and not include her boyfriend
being present.
4
Jillian, on the other hand, wants to see both parents. Again, as is the case
with her older sister, her strongest desire is to make sure that she sees her older
sister, Lindsey, as much as possible. Jillian receives a tremendous amount of
support from Lindsey and it is important that they be together as much as possible
during this time. Jillian expressed some reservations about Mother's boyfriend, but
not to the degree that she was adamant that he not be present. She indicated that
the boyfriend -interferes" with her time with her mother, and that she does not get
along with the boyfriend's two sons, ages 14 and 10. It was very clear to the
Conciliator that she does not want to choose sides between her Mother and Father
and she wants to make sure she sees both them as much as possible.
In regards to Jillian, an appropriate temporary order seems to be for a week-
on, week-off schedule. This would give Jillian time with both parents pending the
involvement of the psychologist. This would also make sure that she would be
with her sister, Lindsey (assuming Lindsey will follow through with the alternating
weekend visitation with her mother), for a minimum period of ten days over a two
week schedule. It is hoped over the course of the summer that while the
evaluation process is underway that Lindsey will cooperate and follow a week-on,
week-off schedule so that she and her sister can be together in both households all
the time.
5
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MELANIE A. PALMER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vS. I
I CIVIL ACTION. LAW
BRUCE D. PALMER, I /'
Defendant ) NO. 97-2817 CIVIL TERM
BRUCE D. PALMER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
MELANIE A. PALMER,
Defendant
NO. 97-2845 CIVIL TERM
STIPULATION
The above-named parties hereby agree that the Court shall enter the attached order
awarding shared legal and physical custody of the children on the terms set out in said
order and the parties, by their counsel who have signed this stipulation, jointly move the
Court to enter that order,
Date: ~ /2.11 ~ 7
Ka leen C. Daley
Attorney for Melanie A.
II
Date: .g [ '2.7/ q 7
~~{f
Sam el L. An es
Attorney for Bruce D. Palmer
II
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MELANIE A. PALMER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vs. )
) CIVIL ACTION - LAW
BRUCE D. PALMER, )
Defendant ) NO. 97-2817 CIVIL TERM
BRUCE D. PALMER,
Plaintiff
vs.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MELANIE A. PALMER,
Defendant
NO. 97-2845 CIVIL TERM
ORDER OF COURT
AND NOW, this~ay of ~()/~ 1997, upon the agreement of the parties.
as confirmed by the stipulation of their attorneys which is attached hereto, we hereby enter
the above order in these cases:
1. Legal custody of the minor children, Lindsey Ann Palmer, born October 18,
1980, and Jillian Rae Palmer, born August 21, 1985, shall be shared by their parents,
Bruce D. Palmer and Melanie A. Palmer.
2. The parents of the children shall share physical custody of both children, on a
schedule to be agreed upon by the parties. For purposes of school attendance, the children
shall reside with the mother, Melanie A. Palmer, and attend school in the East Pennsboro
School District.
BY THE COURT,
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