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HomeMy WebLinkAbout97-03625 the event that the child is not in school, the pick up shall be at 10:00 a,m. and Father shall return the child the following evening at 7:00 p,m. Father must provide Mother with notice as to the days in which he intends to exercise this additional period of partial custody and visitation as soon as practical after he receives his work schedule, but no less than two weeks in advance, 3, Mother shall have the Fourth of July every year, and Father shall have Memorial Day every year. 4, The parties shall alternate the following holidays: Labor Day, Thanksgiving, and Easter. This alternating holiday schedule shall commence with Mother having Labor Day in 1997. These periods of partial custody and visitation shall be from 9:00 a.m. until 6:00 p.m, 5, Father shall have a period of partial custody with the child over the Christmas holiday from Christmas Day at 12:00 noon until December 26th at 12:00 noon, 6. Mother shall have the child on Mother's Day, and Father shall have the child on Father's Day, These periods of partial custody shall be from 9:00 a.m, until 6:00 p.m, 7. Father shall have a minimum of seven (7) days of vacation over the summer months. He shall provide Mother with thirty (30) BARRY S. SHEEDER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY STEPHANIE A. HOLLEN, Defendant 97 - 362S LU~ T~ ORDER OF COURT AND NOW, \ 1\......./ 1'-\ , 1997, upon consideration of the attached ComplaYnl, it is hereby directed that the parties and their respecti,:,e. counsel appear befOr~Il--'\\, N-,t> \ LJ~(T\Cj ~" E':::q \J I ~ , the conc~ll.ator, at .'\O,~ ,::,. IS; ~\t '-+-( rQ;,p. I-+.j I "PA on the ILl day of 1\ 'Q~'\' -\- , 1997, at ~: [)() o'clock~.m., for a Pre-Hearing Custody Conference. At sucn confere~, 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 peL~anent order. FOR THE COURT, BY:.Jf1I.~V-n.ft Q ,4 -P~~.t~. custody conciliator(~) . The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For informa- tion about accessible facilities and reasonable accommodations avail- able to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 249-6200 (717) 697-0371 Ext 6200 BARRY S. SHEEDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY vs. STEPHANIE A. HOLLEN, Defendant 97-36J5 CUH1 T~~ COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is Barry S. Sheeder, an adult individual who resides at 5 Santa Maria Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Stephanie A. Hollen, an adult individual residing at 294 Walnut Lane, Country Manor Mobile Home Park, Carlisle, Cumber- land County, Pennsylvania, 17013. 3. Plaintiff seeks a formal custody agreement or Order of Court concerning the following child: Chelsea S. Sheeder, D.O.B. June 29, 1991. The child was not born out of wedlock and is presently in the custody of her natural mother, Stephanie A. Hollen, Defendant in the above-captioned matter. 4. During the past five (5) years, the child has resided with Plaintiff and Defendant at various locations within Cumberland County, Pennsylvania. 5. Defendant is the natural mother of the child and Defendant resides with her present husband, the child and a son from a prior relationship. 6. Plaintiff is the natural father of the child and Plaintiff resides with a friend, Janette Ward. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 8. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Comrr.onwealth and Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. Although previously discussed, Plaintiff and Defendant have not entered any formal custody agreement addressing custody of the child; however, they have been generally able to verbally agree as to periods of partial physical custody between Plaintiff and the child. 10. A formal Order of Court or a written custody agreement is necessary for the best interest of the child to provide her with a timely and consistent custody contact period with her father, Barry S. Sheeder. 11. The best interests and permanent welfare of the child will be served by ordering that both parties share legal custody of the child and directing the entry of an Order governing the child's care, custody and control, providing Plaintiff with periods of partial physical custody for the following reasons: (AI Plaintiff is a fit parent who can take care of his child and who can provide her with a supportive, safe and healthy environment; 2 (B) Defendant's conduct and behavior is not in the best interest of the child in that: (i) Defendant has failed to provide Plaintiff with timely temporary custody of the child on a consistent and periodic basis; (ii) Defendant has attempted to harm Plaintiff and disparage Plaintiff's reputation in the presence of the child; (ii) Defendant has failed to provide Plaintiff with reason- able notice of extra-curricular activities in which the child is involved; (iv) Defendant does not provide transportation and/or pick-up or delivery for the child; 12. A formal custody Order or written Agreement is necessary to provide the child with a regular and routine custody contact period with her father in order to continue a supportive and positive re- lationship. WHEREFORE, Barry S. Sheeder, Plaintiff herein, requests that your Honorable Court enter an Order of Court which grants Plaintiff joint legal custody and partial custody on the following basis: (a) An Order directing that Plaintiff pick-up the child at Defendant's residence every other weekend commencing on Friday at 5:30 p.m. until Sunday at 5:30 p.m., or at another mutually agreed time or location; (h) Alternating Holidays, namely Easter Sunday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and New 3 ,'~ '-'r" .-.' ~%~~~"". 1':(8.. .~,~, ; ~.'N ,...,,... ".. cn'cn '/' .UlUlcn ";c< e-I """""'" '" ':',..... ii""...' "-.. .. .. ":N ,~ !:::.!:::.UI \! Ii S g .r:: a. II )( ij-< , ... ..., 0. Ii z, e ~ III III ...0 w it Ill" W Ill.. ...'< ~< . -- ...." (J) ...' III 0., . < ... . l:I U ,:,r &.w a: 3: ...: W::l " Z" "'m w'" <Ill a:o ~u 01: .'z 11I< z< ":I: <( NU ..Ill ~ III III o " .. \ . < 0. c5 '" ::l 11Im cnlll U )(- oZ m< ,:I: OU ,Ill ll.~ 11' .~ " BARRY S. SHEEDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner: CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - CUSTODY STEPHANIE A. HOLLEN, Defendant/Respondent 36 3~1,l7 91- 3 '..lS QBDE.lLO..E..-COU.JU AND NOW, '.) I II , 2000 , upon consideration of the attached Custody petition/Complaint, it is hereby directed that the parties and their respective counsel appear before ~c.,,~~~ ' the conciliator, at' .")1 1-.):\-'101,",''',\ ", Mr\ \;yY'\I( ',b Ijl (.~ on the \ '. day of _,,\..\\ \ , 2000 , at \' ~\~ o'clock ~ .m., for a Pre-Hearing Custody Conference. At such conference, an'effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: ~('lliS'(\. <;]\, J\urNh ~- Custody Conciliator (~\) The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 ,;; . dS[.-/:l ~ ',,)5.C0 () 'd5 - (?C w'~~ 72.4~J' ~~ ~4e4~ . ~ ~. (~A~d $'4f~ BARRY S. SHEEDER, Plaintiff/Petitioner: vs. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY STEPHANIE A. HOLLEN, Defendant/Respondent 96 JS97 97-J(.~ !:OMPLAI N'l'1 PET.l..T.J_QJLE.Q1L!-I9_D_I F ICA',I.'_IJUL OF C.USTODY _<LI\Dj;;R TO THE HONORABLE, THE JUDGES OF THE SAID COURT: I. Plaintiff/Petitioner is Barry S. Sheeder, an adult individual who currently resides at 9 Apache Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant/Respondent is Stephanie A. Hollen, an adult individual with a last known address of 25 LeTort Drive, Carlisle, Cumberland County, pennsylvania 17013. 3. Plaintiff seeks modification of a custody order involving the minor child, Chelsea S. Sheeder, d.o.b. June 29, 1991. 4. The parties are divorced. 5. During the past several years, the child has primarily resided with Defendant and the child's step-brothers at her address and the parties have been attempting to exchange custody of the child on an 6. A custody order dated August 27, 1997 was entered every-other weekend basis and one evening per week basis. Plaintiff currently resides with Annette C. Clippinger. It is unknown whether the Defendant resides with anyone. following a custody conciliation conference. A copy of the Order is attached hereto as Exhibit NAN 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. Subsequent to the Custody Order dated August 27, 1997, Plaintiff has changed jobs and is now in a position to develop a greater and more meaningful custodial relationship with his daughter. 9. The current custody schedule only provides Plaintiff with custody for four (4) full days during a twenty-eight (28) day period and approximately sixteen additional hours during the same twenty- eight (28) day period. IO. A much greater custody contact period between Father and child is warranted and in the best interest of the child. II. Recently, Defendant has been unable to care for the child resulting in the child's relocation with Plaintiff/Petitioner. 12. The child has indicated to Plaintiff/Petitioner that the child would prefer to reside with Plaintiff/Petitioner. 13. The best interests and permanent welfare of the child, Chelsea S. Sheeder, will be served by ordering that both parties share legal and physical custody of the child and directing that a custody order be entered directing that Plaintiff shall have shared legal and physical custody of the child, alternating holidays with the child and an extended summer vacation period for the following reasons: (A) Plaintiff is a fit parent who can take care of his child and who can provide her with a supportive, safe and healthy environment on a daily basis; and (B) Plaintiff's work schedule is suitable for primary physical custody arrangement and Plaintiff can insure that the child attends school on a reqular basis without changinq 2 districts which would allow him to engage in meaningful and appropriate activities with the child, all to the child's benefit; and (C) Plaintiff desires to become more actively involved in the child's extra-curricular activities; and 14. Defendant's conduct and behavior is not in the best interest of the child in that: (A) Defendant is currently being evicted from her residence; and (B) Defendant has left her residence for several days at a time leaving the child alone with her step-brother; and (C) Defendant has not regularly participated in the child's school activities resulting in lower grades; and (D) Defendant has been engaged in domestic violence issues as a result of problems with her current husband; and (E) Defendant is unable to care for herself and her children in a manner which is in the best interests of the child. (F) Defendant does not allow the child to attend church activities on a regular basis; and 15. Plaintiff is willing to participate in an evaluation with Defendant and the child in order to assist with determining what is child's best interest. 16, Plaintiff is capable and willing to insure that the child attends and is prepared for daily school activities while she resides with him and no legitimate reason exists to deny Plaintiff a substantial 3 BARRY S. SHEEDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-3625 CIVIL TERM STEPHANIE A. HOLLEN, Defendant CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this ~ '7 day of CL.r-t" , 1997, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1, The parties shall share legal custody of their minor child, Chelsea S. Sheeder, d,o,b, June 29, 1991, 2, Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as follows: A. On alternating weekends from Saturday at 2:00 p,m, until Sunday at 6:00 p.m, This schedule shall commence on August 23, 1997, and shall alternate thereafter, B. One additional overnight during a two week period such that Father shall have the child if the child is in school from after school until the following evening at 7:00 p.m, In the event that the child is not in school, the pick up shall be at 10:00 a.m. and Father shall return the child the following evening at 7:00 p.m. Father must provide Mother with notice as to the days in which he intends to exercise this additional period of partial custody and visitation as soon as practical after he receives his work schedule, but no less than two weeks in advance. 3, Mother shall have the Fourth of July every year, and Father shall have Memorial Day every year. 4, The parties shall alternate the following holidays: labor Day, Thanksgiving, and Easter, This alternating holiday schedule shall commence with Mother having labor Day in 1997, These periods of partial custody and visitation shall be from 9:00 a.m, until 6:00 p,m, 5. Father shall have a period of partial custody with the child over the Christmas holiday from Christmas Day at 12:00 noon until December 26th at 12:00 noon, 6, Mother shall have the child on Mother's Day, and Father shall have the child on Father's Day. These periods of partial custody shall be from 9:00 a.m, until 6:00 p.m. 7. Father shall have a minimum of seven (7) days of vacation over the summer months, He shall provide Mother with thirty (30) BARRY S. SHEEDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner . CU~1BERLAND COONTY, PENNSYLVANIA . vs. NO. 97-3625 CIVIL TERM : STEPHANIE A. HOLLEN, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY CIUlER OF CXXlRT AND tol, this ~ day of Vl1Y'i\ \ consideration of the attached Custody Conciliatlo Report, and directed as follows: , 2000, upon it is ordered I. The prior Order of this Court dated August 27, 1997 shall continue in effect as modified by this Order. 2. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by Arnold Shienvold, PhD. The purpose of the evaluation shall be to obtain independent professional recorrmendations concerning ongoing custody arrangements which will serve the best interests of the Child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Father shall be responsible for 70% and the Mother shall be responsible for 30% of the costs of the evaluation. Unless the parties make alternative arrangements by mutual consent, the parties agree the Father shall pay the Mother's 30% share of the cost at the time of the evaluation, which amount would be credited toward the Father's support arrearages. 3. Pending further Order of Court or agreement of the parties, the Father shall have partial physical custody of the Child on alternating weekends, beginning April 2l, 2000, from Friday after school or child care through Monday before school or child care. Due to the fact that the Child is off school on April 2l, 2000 for Easter vacation, the Father's weekend period of custody shall begin Friday at 9:00 a.m. when the parties shall exchange custody at Hardings Restaurant in Camp Hill. In addition, the Father shall have custody of the Child from Friday April 14, 2000 at 9:00 a.m., when the parties shall exchange custody of the Child at Hardings Restaurant in Carrp Hill, through Saturday, April IS, 2000 at 12:30 p.m., when the Mother shall pick up the Child at the Father's place of employment in Dillsburg. 4. not at upon completion of the evaluation and in the event the parties are that time able to reach an agreement as to ongoing custody IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARRY S. SHEEDER, Plaintiff/Petitioner v. No. 97-3625 CIVIL TERM STEPHANIE A. HOLLEN, Defendant/Respondent IN CUSTODY ANSWER TO PETITION FOR CONTEMPT AND/OR MODIFICATION OF CUSTODY ORDER NOW COMES, STEPHANIE A. HOLLEN, Defendant/Respondent, by and through her attorney, Maryann Murphy, Esquire, of Legal Services, Inc., who answers as follows: 1. Admitted. 2. Denied, Respondent resides at 4182 Elk Court, #113, Mechanicsburg, Cumberland County, Pennsylvania, By way of further answer, Petitioner has been aware of Respondent'S current address at least since April 11, 2000 when the parties attended a Custody Conciliation. In addition, petitioner has been to Respondent's home on several occasions. 3. Admitted, 4. Admitted, 5, Admitted in part, denied in part, The Order dated August 27, 1997 was entered when the Petitioner was residing in Camp Hill and the Respondent was residing in Carlisle. At the April 11, 2000 Custody Conciliation, Respondent expressed concern about the distance between the parties' homes now that petitioner is residing in Shippensburg and Respondent is residing in Mechanicsburg. There was discussion about this matter, and the April 19, 2000 Order specifically designated Hardings Restaurant where Respondent is employed, and the restaurant in Dillsburg where petitioner is employed, as transfer locations for the April custody exchanges. No mention was made of reverting back to the transportation schedule in the August 27, 1997 Order, and Respondent assumed that in subsequent transfers of custody the parties would continue to take into consideration the distance between their respective homes. Respondent believes, and therefore avers, that the April 19, 2000 Order supercedes the August 27, 1997 Order pertaining to tl'ansportation. 6, Denied. On only one occasion, petitioner asked Respondent to pick up the minor child in Shippensburg on a Monday morning and take her to school in Carlisle. Respondent was unable to pick up the child that day and Petitioner took her to school. Respondent did attempt to pick up the child in Shippensburg on another occasion, however, the minor child was not there. Since April of 2000, most of the custody exchanges have taken place at Hardings Restaurant, Some have taken place in Dillsburg. 7. Denied. petitioner and Respondent have discussed the transportation issue since petitioner told Respondent that he was filing a Petition in Contempt against her. Respondent explained that the August 27, 1997 Order was entered when she lived in Carlisle and he lived in Camp Hill. Respondent has suggested that she pick up the minor child in Dillsburg on Sunday nights, or that the parties meet on Monday mornings at Exit 17 . Middlesex, which is approximately half way between the parties' homes, and one block from the child's school. 8. AdmittF'd. 9. Admitted, hcwever, in the Order of Court dated April 19, 2000, paragraph number 3 addresses the issue of transportation thereby superceding paragraph number 8 of the Order of Court dated August 27, 1997, At the Custody Conciliation on April 11, 2000, the parties agreed to meet at either Hardings Restaurant in Camp Hill or Petitioner's place of employment in Dillsburg for the first two weekends of the Order, It was discussed between the parties at the Conciliation that petitioner lives in Shippensburg and Respondent lives in Mechanicsburg, with the minor child attending school in carlisle. Hardings Restaurant in Camp Hill and Petitioner's place of employment in Dillsburg were determined to be reasonable transfer sites. The August 27, 1997 Order was to address the holiday schedule, which was not included in the April 19, 2000 { BARRY S. SHEEDER, . IN TIlE CXXlRT OF CXH1CN PLEAS OF . Plaintiff/Petitioner : ClIlBERLAND CXXlN'n, P~VANIA : VS. . 00. 97-3625 CIVIL TERM . . . STEPHANIE A. HOLLEN , : CIVIL Acr'IOO - LAW Defendant/Respondent . IN aJS'ro)y . amm OF <nm AND tof, this 19th day of ~ consideratioo of the attached Custody Con at on and directed as follows: , 2000, upon Report, it is ordered 1. '!tie ~ior Order of this Court dated August 27, 1997 shall continue in effect as I1Ddified by this Order. 2. '!tie parties shall sutmit themselves, their moor Olild, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by Arnold Shienvold, PhD. '!tie purpose of the I evaluation shall be to obtain independent professional re...-...llo:ndatioos concerning OO9oing custody arrangements which will serve the best interests of the Child. 'Ihe parties shall sign any authorizatioos deemed necessary by the evaluator in order to cbtain additional informatioo pertaining to the parties or the Otild. '!tie Father shall be responsible for 70% and the Mother shall be responsible for 30% of the costs of the evaluation. Unless the parties naJce alternative arrangements by lll1tual consent, the parties agree the Father shall pay the Mother's 30% share of the cost at the time of the evaluation, which amount would be credited toward the Father's support arrearages. 3. Pending further Order of Court or agreement of the parties, the Father shall have partial physical custody of the Otild 00 alternating weekends, begiMing April 21, 2000, fran Friday after school or child care through Monday before school or child care. Due to the fact that the Otild is off school 00 April 21, 2000 for Easter vacatioo, the Father's weekend period of custody shall begin Friday at 9:00 a.m. when the parties shall exchange custody at Hardings Restaurant in CalllJ Hill. In additioo, the Father shall have custody of the Child fran Friday April 14, 2000 at 9:00 a.m. , when the parties shall exchange custody of the Otild at Hardings Restaurant in Carrp Hill, through Saturday, April IS, 2000 at 12:3O p.m., when the Mother shall pick up the Otild at the Father's place of employment in Dillsburg. 4. Upon CCll'{lletion of the evaluation and in the event the parties are not at that time able to reach an agreement as to OO9oi09 custody :.. I, ,ll'- L_ " II II ~ c. '>- ~~ c r:; , ,- ,', " -::>~ u~ < )7- ( ',= '.J.1: , o. ~:~ .' (~., ,- :,','1 ('J .~-: ,J. .':- Ie t-- 1..J,.J to' n,tl.. c.: ~~ I t ~'J :-J U <.::> U BARRY S. SHEEDER, : IN THE OOURT OF cx:MMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 97-3625 CIVIL TERM : STEPHANIE A. HOLLEN, : CIVIL ACTION - LAW Defendant/Respondent : IN cusroCY aIDER OF CXXlRT AND toI, this G \ day of -JD v\~ consideration of the attached CUstody Concillation Report, and directed as follows: , 2000, upon it is ordered I. The prior orders of this Ccurt dated August 27, 1997 and April 19, 2000 are vacated and replaced with this order. 2. The Father, Barry S. Sheeder, and the Mother, Stephanie A. Hollen, shall have shared legal custody of Chelsea S. Sheeder, born June 29, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being inCluding, but not limited to, all decizions regarding her health, education and religion. 3. The parties shall share having physical custody of the Child on an alternating ~leekly basis with the exchange of custody to take place each week on Friday, either immediately following school dismissal if the Child is attending school or at 4:00 p.m. if the Child is not in school on that day. The alternating weekly schedule shall begin with the Father having custody of the Child on Friday, November 17, 2000. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. THANKSGIVING: In 2000, the Father shall have custody of the Child over Thanksgivi03 through the Friday after Thanksgiving at 4:00 p.m., when the Mother's regular alternating weekly period of custody begins. Beginni03 in 2ool, the Mother shall have custody of the Child every year from the Ivednesday before Thanksgiving after school through Thanksgiving Day at 4:CO p.m. and the Father shall have custody from Thanksgiving Day at 4:00 p.m. through the following Friday at 4:00 p.m. B. OlRIS'D\AS: In 2000, the ~Iother shall have custody of the Child from O1ristmas E:ve at 12:00 noon through O1ristrnas Day at 12:00 noon and the Father shall have custody from Christmas Day at 12:00 noon through December 26 at 12:oo noon. The parties shall continue their efforts to establish a custody schedule for the Christmas holiday by agreement in future years. c. EASrm: In 2001, the Father shall have custody of the Child from the Friday before Easter at 4:00 p.m. through Easter sunday at 2:00 p.m. and the Mother shall have custody from Easter Sunday at 2:00 p.m. through the following Monday before school, if ~chool is in session or until Monday at 4:00 p.m. if school is not in session. The parties shall continue their efforts to establish a custody schedule for the Easter holiday by agreement in future years. D. I'DI'IIER' S MY/FATIIER' S MY: In every year, the Mother shall have custody of the Child over Mother's Day weekend from Saturday at 4:00 p.m. through Sunday at 7:00 p.m. and the Father shall have custody every year over Father's Day weekend from Saturday at 4:00 p.m. through Sunday at 7:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody scheduIe. 5. The Mother shall continue to participate in counseling at Tressler Lutheran Services until such time as she is discharged by the counselor. The Father shall cooperate in making the Child available for participation in the counseling if recorrmended by the Mother's counselor. 6. The parties and their counsel shall attend an additional CUstody conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on May 15, 2001, at 9:30 a.m. for the purpose of reviewing the custody schedule set forth in this Order and establishing additional holiday custody arrangements. 7. Unless otherwise provided in this order or agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation from the other party's residence for the exchange of custody. 8. The non-custodial parent shall be entitled to have reasonable telephone contact with the Child. 9. Neither party shall use illegaI drugs or consume alcohol to excess during his or her periods of custody with the Child. 10. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural developnent of the Child's love and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact with the Child comply with this provision. 11. 1111s Order In entered plJrnllant to an i\<)reement of the parties at a BARRY S. SHEEDER, : IN THE CXXlRT OF CXJMMal PLEAS OF Plaintiff/Petitioner . CUMBERLAND COUNTY, PENNSYLVANIA . vs. NO. 97-3625 CIVIL TERM : STEPHANIE A. HOLLEN, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY PRIm JUDGE: Edgar B. Bayley ClJS'roDY CCN::ILIATION SlHlARY REPCRT IN ACCXJUlANCE WITII CUlBERLAND camY RULE OF CIVIL 1"~ 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CDRRENl'Ly IN ClJS'roDY OF Chelsea S. Sheeder June 29, 1991 Mother 2. A CUstody Oonciliation Conference was held on November IS, 2000, with the following individuals in attendance: The Father, Barry S. Sheeder, with his ccunsel, Andrew C. Sheely, Esquire, and the Mother, Stephanie A. Hollen, with her counsel, Maryann Murphy, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date A.J6V~nhu /Lt,,}clX) ({1'/KJ~.irL~ Dawn S. Sunday, Esquir CUstody Conciliator lJ ... ~~ QJ C 8 ~ ~~ffi .... c ... 8. .... ..., !>h. 3: ... OJ t5 '" "'UJ :5 QJ QJ "" '" '" p: H p-s c.., B - 0 t5ffi~l>< ...... ...... E-tE-t .,Q r.J u r--- .... ... ~~ ::Qro~- .... - c = = f'I( ~ ~~tJt5~ .... iHI tBl= ,tno.; ... tJ~ <il - " t:2 .- ell - c . ..., c . ." ~ HUJ ffi'~ OJ @~ ~>< ~ . lft,- 5 ~ U"\~8 > _ tit t~ ~ fil~ ~ ~I = :: '" r:s = ... ~.::! N Z W . ;.:: .a s ~ ~~ir :x: ..; ~ eJ - O\..c UJ ~ fa {1l '" ~ w ~UJ . H Ul .. UJ ~ 8 rLl . >< iSD<g I n. :>: w ~8 E-t UJ " . MAl;;. , iU(J1 ,. BARRY S. SHEEDER, . IN THE OOURT OF OJMMON PLEAS OF . Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA : vs. NO. 97-3625 CIVIL TERM STEPHANIE A. HOLLEN, : CIVIL ACTION - LAW Defendant/Respondent . IN CUSTODY . <JU>ER OF CXXJRT AND 101, this ~::>Vol day of .J l.!'.-',JO consideratioo of the attached Custody Conciliation RepOrt, and directed as follows: , 2001, upon it is ordered 1. The prior Order of this Court dated November 21, 2000 is vacated and replaced with this Order. 2. The Father, Barry S. Sheeder, and the Mother, Stephanie A. Hollen, shall have shared legal custody of Chelsea A. Sheeder, born June 29, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affectirg the Child's general well-being including, but not limited to, all decisions regardirg her health, educatioo and religion. 3. within one week of the date of the Conciliation Conference, the Mother shall contact Michael Cline, or other professional selected by agreement of the parties and counsel, to initiate counseling. The purpose of the counselirg shall be to address and resolve conflicts which have arisen between the Mother and Chelsea and to obtain recanmendations with respect to the Child's readiness to expand contact with the Mother. The Father shall contact Mr. Cline's office to provide information concerning the Father's concerns with regard to the Child and also to determine the recarmended extent and scheduling of the Child's involvement in counseling with the Mother. The Mother shall provide reasonable advance notice to the Father of all counseling sessions involving the Child and the Father shall provide transportation for the Child to and fran the counselirg sessions until the Mother is able to share provision of transportation. The Mother, through counselor personally, shall provide a copy of Dr. Shienvold's report dated October 2000 to the counselor. The Mother shall be responsible for all costs of counselirg except any counselirg sessions for the Father, the costs of which shall be paid by the Father. Both parties shall sign all authorizations necessary to permit the counselor to share information pertaining to Chelsea or the custody arrangements generally with the other party. The parties shall follow all recommendations of the counselor with regard to the duration and frequency of counseling and also with regard to the extent of contact between the Mother and Child. 4. 1'he MothClr llhall have cuotody of the Child for at least one hour ilTlOOdiately followin:] each counselincJ session, with the specific times to be arranged by agreement of the parties. 5. The partieo agree to continue the existin:] custody arrangements, under which the Olild resides prilMrily with the Father, pending the conciliation ConCerence in August 2001. The parties acknowledge that it is their goal ultilMtely to est.luliah arrangements in accordance with Dr. Shienvold's custody recolll"endatiorlB dated October 2000. 6. '!'he parties illld their counsel shall attend a CUstody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on August I, 2001, at 9:00 a.m. Counsel Cor either party may contact the Conciliator to expedite the Conference if necessary. 7. '!'his 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 Illltual consent. In the absence of mutual consent, the terms of this order shall control. BY TilE CDURT, I/f j/ I , ..rtI<.I."lt~/ Edgar B. Bayley, J. cc: Andrew C. Sheely, Esquire - Counsel for Father Joan Carey, Esquire and Laura Carruthers - Counsel for Mother t~OI IJI\RRY S. SIIE:EDER, Plaintiff/Petitioner : IN TilE: OOURT OF OJMMOO PLEAS OF CUMBERLAND OJUNTY, PENNSYLVANIA VS. NO. 97-3625 CIVIL TERM STEPHANIE: A. 1I0LLEN, Defendant/Respondent : CIVIL ACTION - LAW IN CUSTODY 'AU& 1 :s 2001 '\ ,) \ ()\I\ ClIDER OF WlRT AND N::JoI, th is day of r;~ '1 - CUstody Conciliation , 2001, Report, it is 1"1 upon consideration of the attached ordered and directed as follows: 1. The prior Order of this Court dated May 23, 2oo1 is vacated and replaced with this Order. 2. The Father, Barry S. Sheeder, and the Mother, Stephanie A. Hollen, shall have shared legal custody of O1elsea S. Sheeder, born June 29, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emerg~ncy decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The Father shall have primary physical custody of the O1ild. 4. The Mother shall have partial physical custody of the Child from Saturday, August 4, 2oo1 at 10:00 a.m. through Sunday, August 5, 2oo1 at 7:00 p.m. and from Friday, August 17, 2oo1 at 4:00 p.m. through Thursday, August 23, 2oo1 when the Father shall pick up the O1ild after work. Thereafter, during the school year, the Mother shall have custody of the O1ild on alternating weekends, beginning August 3l, 2oo1 from Friday after school through Sunday at 6:00 p.m. 5. During. the surrmer school break, beginning in 2002, the parties shall alternate having custody of the Child on an alternating biweekly basis with the exchange to take place on alternating Saturdays at 10:00 a.m. The surrmer custody schedule shall begin with the ~lother having custody on the first Saturday following the last day of school each year. The surrmer custcdy schedule shall end with the Father having custody of the O1ild at least by the last Saturday before the new school year resumes. 6. The parties shall share or alternate having custody of the O1ild on holidays as follows: A. TllANKSGIVING: The Thanksgiving holiday shall be divided into segment A., ~nich shall run from the Wednesday before Thanksgiving at 4:00 p.m. through Thanksgiving Day at 4:00 p.m., and segment FJ, which shall run from Thanksgiving Day at 4:00 p.m. through Sunday at 6:00 p.m. The party who has custody of the Child under the regular alternating weekend schedule on the weekend irrmcdiately following Thanksgiving shall have custody of the Child during segment B and the other party shall have custody during Segment A. 8. CfDUS'l'MAS: The Christmas holiday shall be divided into Segment A, which shall run from Olristmas Eve at 12:00 noon through Olristmas Day at 12:00, and Segment 8, which shall run from Christmas Day at 12:00 noon through December 29 at 12:00 noon, and Segment C, which shall run from December 29 at 12:00 noon through January I at 12:00 noon. In odd numbered years, the Mother shall have custody of the Child during Segments A and C and the Father shall have custody during Segment 8. In even numbered years, the Father shall have custody of the Child during Segments A and C and the Mother shall have custody during Segment 8. c. f>.AS'I'm: The Easter holiday shall run from after school on the last day of school before the holiday through 6:00 p.m. on the last day before school resumes after the Easter holiday. The Father shall have custody of the Olild over the Easter holiday in even numbered years and the Mother shall have custody of the Child over the Easter holiday in odd nurrbered years. D. IVl'IIER'S DAY/FATHm'S DAY: The Mother's Day and Father's Day holiday shall run for the entire weekend from Friday after school through Sunday at 6:00 p.m. The Mother shall have custody of the Child for the Mother's Day weekend every year and the Father shall have custody of the Olild for the Father's Day weekend every year. E. INDEPE2ID~ DAY: The Independence Day holiday shall run from July 3 at 4:00 p.m. through July 5 at 7:00 p.m. The Mother shall have custody of the Child over the Independence Day holiday in even numbered years and the Father shall have custody of the Child for the holiday in odd numbered years. F. HEMlUAL DAY/LABCR DAY/sca:xx. HOLIDAYS: The party who has custody of the Child under the regular alternating weekend schedule for the weekends immediately preceding Memorial Day and Labor Day shall retain custody of the Olild through the holiday at 6:00 p.m. Whenever the Olild is off school for an in-service day or other school holiday (not other...ise addressed in this provision) on the Friday or Monday irrmediately preceding or following that party's regular weekend period of custody, that party's weekend custody period shall be expanded to include the holiday which shall begin on Thursday after school for the Friday holiday and shall end on Monday at 6:00 p.m. for the Monday holiday. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. The party receiving custody of the Olild shall be responsible to provide transportation fOl:" the exchange of custody unless other...ise agreed between the pal:"ties. Notwithstanding the fOl:"egoing, for the ~'othel:"'s pedod of custody from August 4 thl:"ough August 5 only, the pal:"ty l:"elin~uishi~J custody of the Child shall be l:"esponsible to provide tl:"anspol:"tation. 8. 'Ihe noncustodial parent shall be entitled to have reasonable telephone contact with the Child. 'Ihe custodial parent shall ensure that the O1ild responds to the noncustodial parent's telephone messages in a reasonable period. 9. Neither party shall use illegal drugs or consume alcohol to excess during his or her periods of custody with the O1ild. 10. Neither party shall do or say anything which may estrange the O1ild from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural developnent of the O1ild's love and respect for the other parent. Both parties shall ensure that third parties having contact with the O1ild comply with this provision. 11. 'Ihe Father's counsel may contact the CUstody Conciliator to schedule a conference call to address concerns raised at the Conference regarding transfer of custody of the Child in the event of crises requiring police intervention at either party's household. 12. 'Ihis Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of llLltual consent, the terms of this Order shall control. BY THE CDURT, // / cc: / / / . / / .- ~II ~~'-.--- Edgar B: BaYlet' Andrew C. Sheely, Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother l..r; J. " >U..<4'u( ,/-/7.0/ '-.f.. BARRY S. SIlEEDER, Plaintiff/Petitione~ : IN TilE OOURT OF CXJMMON PLEAS OF CUMBERLAND tXXiNTY, PENNSYLVANIA VS. : : NO. 97-3625 CIVIL TERM STEPHANIE A. I~LLEN, Defendant/Respondent : : eIVIL ACTION - LAW IN CUSTODY PRIROO JUDGE: Edgar B. Bayley CUSTOOY CXH:ILlATICN SlH1ARY REPCRT IN ACXXIUlANCE WITH ClJoIBERLAND ca.NlY RULE OF CIVIL p~ 1915.3-S, the unde~sign€d CUstody Conciliato~ submits the following ~epo~t: 1. The pe~tinent information concerning the Child who is the subject of this litigation is as follows: tWIE DATE OF BIRTlI CllRREm'LY IN CUS'lroY OF Chelsea S. Sheecle~ June 29, 1991 Fathe~ 2. A CUstody Conciliation Confe~ence was held on August I, 2001, with the following individuals in attendance: The Mothe~, Stephanie A. Hollen, with he~ counsel, Joan Ca~ey, Esqui~e, and the Fathe~, Barry S. Sheecle~, who appea~ed at the Confe~ence without the rep~esentation of his counsel, Andrew c. Sheely, Esqui~e. 3. The Fathe~ requestE~ an additional p~ovision in the Order permitting an automatic t~ansfe~ of custody in the event of a domestic dispute at the Mothe~' s residence requiring police intervention. As the Fathe~'s attorney was out of the country at the tirre of the Conference, the pa~ties ag~eecl to reserve fu~the~ discussion of this issue until such tirre as the Fathe~ was able to consult with his counsel. It was agreed that a confe~ence call could be initiated by the Fathe~, th~ough counsel, to resolve this remaining issue. 4. The pa~ties ag~eecl to entry of an Orde~ in the form as attached. I h. , \I '", f- Date ' / I , / '. I _ C._ ~_ ( oL"'\. _, ~. . ~ _ " { -.,., Dawn S. Sunday, Esqui~e' CUstody Conciliator " -, -J/-,', "