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HomeMy WebLinkAbout97-02845 ~ , t'- Ii3" ~ . '; ~" [ I , J I ! i I I , I ! "', -D-o--'-- 1.''-1:. lrth":: r.... 'r" ''''--''-.' .'..'-'{ \~,;- I:' '" . H.",'1 q7 ni.Y ~Q F;"i 1: 12 C,ll," Vjj,~.. '..-.J' E.::<: ~~'\'L.\,,:.; L-\ .11 I ...... tfl ~:.: '''~ 1-,:' t~ t11( " {..J. IF '., <.;.1' I ' I ~4 \ f? r.. "l~ ; i :.._ I f.... (J ,:.. ... ... .'~ 3: " j >J " .. , . "1A\' t' 'I 1~197 I., M '1 ~ 0 III ~ !: fol ~ ~ " < ~ ~ " j ~ Z Z = ~ < ~ 5 !! '-l ~ >- >-l >- ~ 0 Ul W ~ = z ...:l z ~ 0 z fol II: - W ;.J 0 ;: 0: .. ... " w' ::<: ~ 0 -< z Z " >- Ul " 0 " :l: w '-l ... , . .- , BRUCE D. PALMER, I IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA I vs. ) CIVIL ACTION - LAW ) No.'(7- 2.%>qS MELANIE A. PALMER, I Defendant I IN CUSTODY ORDER OF COURT AND NOW this day of , 1997, upon consideration of the attached Petition for Emergency Relief, we hereby order and direct as follows: 1. The Plaintiff, Bruce D. Palmer, is hereby awarded full legal and physical custody of the two minor children, Lindsey A. Palmer, born October 18, 1980, and Jillian R. Palmer, I I ! I I I I I I I I i I I I I I , I I I I I I , I i born August 21, 1985. 2. Any person having the said Jillian R. Palmer in their custody or control, or otherwise having the ability to deliver the child to the Plaintiff, including all police officers and law enforcement officers into whose possession a copy of this order is delivered, are hereby ordered to deliver custody of the child, Jillian R. Palmer, to the Plaintiff, Bruce D. Palmer, as promptly as possible. 3. We make no order for temporary or partial custody or visitation with the children for the Defendant, Melanie A. Palmer, at this time. We will modify this order as appropriate, and if appropriate, upon the request of the said Melanie A. Palmer for time with the children. BY THE COURT, J. , 4. On Sunday, 25 May 1997, without the prior knowledge or consent of Plaintiff or either of the children, Defendant and her boyfriend removed the younger child, Jillian R. Palmer, from the home of a friend and playmate, against the child's will. 5. Since removing the child from the playmate's home, the Defendant and persons unknown to Plaintiff have kept the child, Jillian, away from Plaintiff and har sister, the parties' 16 year old daughter, Lindsey. Moreover, since physically taking the child from her playmate's home and from the proper custody of Plaintiff, Defendant has committed the following other acts toward or with regard to the child: A. She has prevented the child from communicating with Plaintiff and the other daughter, Lindsey. The child routinely spoke to Plaintiff by telephone on an almost daily basis and the Plaintiff has not heard or had any communication from the child since 25 May 1997. B. The Defendant has not returned to her home at 6 Cedar Court in East Pennsboro Township, Cumberland County, Pennsylvania, and has concealed her whereabouts from Plaintiff and the parties' older daughter, Lindsey. C. The Defendant has kept Jillian out of school at the East Pennsboro school which she had been attending prior to her removal by the Defendant. D. The Defendant has not been present at her place of employment for the Commonwealth of Pennsylvania in Harrisburg, Pennsylvania. vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. (1')- ~Y'5 c?~/ ~"" i IN CUSTODY BRUCE D. PALMER, Plaintiff MELANIE A. PALMER, Defendant ORDER OF COURT AND NOW, 616 1991, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before !hhtl R,.,~ , Esquire, the conciliator, at }o '). ~. 19f( 41~f + en "'! H,'/( , Pennsylvania, on Ihs:,rh--j the ,'\ day of \ )-...J \-.....1 , 1997, at """""-t I 9:00 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. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, ~ /, I p;/ By4!uJ (7.., &/Z1jtf1 I bf' (!/If) , CtiStody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 r, ,-, .,.. \ \... .J- ~~ l' :~ ,.. CI ~ C~ r": i"1~ -" , '11 ~ 1111,', C::~ -, I ,-- 'Il l'~ ' , . _..; -~ C}' 1 ' '-' eo, ! L.;..7 fJ. ,. , , , ~ 'j L, ,- LJ . l.;' \.J \ ~ 1/1 ~ Z ~ ~ ~~ n .. ~ ~> J < ~ )0 . ..1 1'.1 ; ~ ~ Cl ~ . .( 0 ~ ~ =: I: ~ .I o < ~ 5 .. 0 ~ :<: .. ~ . ... \ 2. A Conciliation Conference was held on May 6, 1997, and 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 Jillian and that that will result in a poisoning of the relationship she has with Jillian 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. Shienvold, 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 granted temporary physical custody of the oldest child, Lindsey, to Father, and temporary physical custody of the youngest daughter, Jillian, to Mother. The parties were unable to make arrangements for a temporary order pending the completion 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