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HomeMy WebLinkAbout97-05289 , " .' ~ ~ ~ ih~. :::: j ~ f fJ j ~ ,,'" ~~ . +> 1151:: . ~ i .~ . 'ltiA,~ ~ ~ ~~m~ ~~ ~ -8 ! nIII ~ N~~ r ~ ~ . . llII ,t ill ...:l ~ ~ I " , I' ,., , \ ') ,.:.!, I ., ,', , "j i ,'....'( ,) , '~ ' " ", ,.1 'r ,,>)1' , . .. " I , , I 'I .. , " " ., I , I , , " . ' ";, -', i 'I"".,-,t". , I,' 1 '. ' . - " , ROGER L. KUMLER, JR., IN THE COURT OF COMMON PLEAS OF Plail1tiff CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 97-5289 CIVIL TERM I TAMMY L. KUMLER, . CIVIL ACTION - LAW . Defendant I IN CUSTODY aU>BR Ol' COORT AND lOf, this {q M day of upon consideration of the attached Cust ordered and directed as follows: , 1997, Report, it is 1. Kumler, shall 14, 1992. The Father, Roger L. Kumler, Jr., and the Mother, Tmnmy L. have shared legal custody of Roger Kumler, III, born December 2. Pending a second Conciliation Conference and entry of a further Order of this Court, the parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Friday at 6:00 p.m. through the following Tuesday at 8:15 a.m., when the Father shall retutn the Child to the Mother's residence, or if the Mother is working, to the babysitter's residence. The Father's periods of alternating ~/eekend custody shall begin on Friday, November 21, 1997. B. During weeks following the Mother I s weekend period of custody, the Father shall also have custody of the Child from Monday at 6:00 p.m. until the following Tuesday at 8:15 a.m., when the Father shall return the Child to the Mother's residence or, if the Mother is working, to the babysitter's residence. The Father's periodS of custody under this subparagraph shall begin on Monday, November 17, 1997. C. The Mother shall have custody of the Child at all tImes not otherwise specified for Father in this Order. 3. The parties shall share or alternate having custody of the Child on holidays ss follows: A. Christmas: The Christmas holiday shall be divi~ into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until lltlcember 26 at 12:00 noon. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the child during Segment A in even numbered yesrs and during Segment B in odd numbered years. B. Thanksgiving: The Thanksgiving holiday period shall begin on the Wednesday before Thanksgiving at 6:00 p.m. and end on Thanksgiving Day at 8:00 p.m. The Father shall have custody of the Child during the Thanksgiving holiday in odd numbet'ed years and the Mother shall have custody of the Child over the Thanksgiving holiday in even numbered years. C. Memorial Day/Labor Day: The Mother shall have custody of the Child every year on Memorial Day and the Father shall have custody of the Child every year on Labor Day, at times to be arranged by mutual agreement of the parties. D. New Years: In even numbered years, the Father shall have custody of the Child from New Years Eve through New Years Day and in odd numbered years, the Mother shall have custody of the Child from New Years Eve through New Years Day, at times to be arranged by mutual agreement of the parties. For purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Day. E. Easter: The Mother shall have custody of the Child on Easter Sunday in even numbered years and the Father shall have custody of the Child on Easter Sunday in odd numbered years, at tin~s to be arranged by mutual agreement of the parties. F. July 4th: The Father shall have custody of the Child on July 4th in even numbered years and the Mother shall have custody of the Child on July 4th in odd numbered years, at times to be arranged by mutual agreement of the parties. G. Father's Da Mother's Da: The Father shall have custody of the Ch d every year <:In Father's Day and the Mother shall have custody of the Child every year on Mother's Day, at times to be arranged by mutual agreement of the parties. 4. Each party shall have custody of the Child for one uninterrupted week during each summer upon providing advance notice of at least one month to the other party. 5. The party who is receiving custody of the Child shall be responsible to provide transportation for the exchange of custody, with the exception of Tuesday mornings, on which the Father shall return the Child to the residence of either the Mother or the babysitter. 6. The parties and counsel shall attend a second CUstody ROGER L. KUMLER, JR., I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBF~LAND COUNTY, PENNSYLVANIA I vs. I NO. 97-5289 CIVIL TERM I TAMMY L. KUMLER, CIVIL ACTION - LAW Defendant IN CUSTODY ammr OH:ILIATIQI &MIARY RBPCRl' IN l\OlDUlANCB WITH ClJIBI!IRLAND (XJ.Ift'l( RllLB ()lI' CIVIL PRC)I "" (U 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: NAMB DATB OF BIRTH cuuu;m'Ly IN cmlTa)Y Of' Roger Kumler, III December 14, 1992 Defendant/Mother 2. A Conciliation Conference was held on November 11, 1997, with the following individuals in attendance: The Father, Roger L. Kumler, Jr., with his counsel, Jennifer L. Lehman, Esquire, and the Mother, Tammy L. Kumler, with her counsel, Daryl J. Gerber, Esquire. 3. Although the parties were not able to reach an agreement as to ongoing custody arrangements during an extended Conference, to their credit, they were able to agree to follow the custody arrangements set forth in the attached proposed Order on a trial basis .for a period of two months after which they would return for a second Conference. 4. The Father's CUstody Petition applies only to his biological Child, Roger Kumler, III. The parties agreed that the Father would have per.iods of custody with the two children of the Mother's prior marriage as arranged between the parties. 5. The parties agreed to entry of an order in the form as attached. ta~.. Dawn S. Sunday, Esqu re ( CUstody Conciliator NcTIt'Ul') l:w1 I.J., J f n Date , " 5, During the past five years he resided with tho Ibllowlng persons at the following addresses: Namels) A.dW:w OillO Plaintill". Defendant 398 Kings Highway Birth until May, 1994 Joshua McKinney und Marysville, PA Dennis McKinney Plaintiff. Defendant 242 Susquehanna Ave, May, 1994 . January. 1997 Joshua McKinney and Enol", PA Dennis McKinney Plaintiff, Defendant 242 Susquehanna Ave, January, 1997 - June, 1997 Joshua McKinney and Enola, P A Dennis McKinney Michad Kumler Defendant. Joshua McKinney 42 Stephen Road June, 1997 to Present and Dennis McKinney Cump Hill, PA 6, The mother of the child is Defendant, TAMMY L. KUMLER, who is currently residing at 42 Stephen Road, Cumberland County, Pennsylvania. She is married to the Plaintiff, 7, The father of the child is Plaintiff, ROGER L. KUMLER, JR" currently residing at , 242 Susquehanna Avenue, CumberlMd COWlty, PennsylvWlia. He is presently married 10 the Defendant. 2 ',. '-/1 " I. - ...:1 , I {.-j . 1))1 " " ., , I . " I (I.. ',J " I'" " (' , I (,"~ I ! ~!j ... , ~~ l.... " r-. .:j ( I)" IJ , , " " ' ij . .' " , , , " " "; , , ,,' " ., , , " , " " '. ',,' .- ROGER L. KUMLER, JR., . IN THE COURT OF COMMON PLEAS OF . Plaintiff l CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97.,5289 CIVIL TERM . . TAMMY L. KUro!LI:':R, l CIVIL ACTION- LAW Defendant l IN CUSTODY CJU>ER OP CXl1RT AND fOi, this I q~ day of upon consideration of the attached CUstody ordered and directed as follows: co:J{lr~.ion Report,' i~9i~ 1. Kumler, shall 14, 1992. The Father, Roger L. Kumler, Jr., and the Mother, Tmnmy L. have shared legal custody of Roger Kumler, III, born December 2. Pending a second Conciliation Conference and entry of a further Order of this Court, the parties shall have physical cust~. of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Friday at 6:00 p.m. through the following Tuesday at 8:15 a.m., when the Father shall return the Child to the Mother's residence, or if the Mother is working, to the babysitter's residence. The Father's periods of alternating weekend custody shall begin on Friday, November 21, 1997. B. During weeks following the Mother's weekllnd period of custody, the E'ather shall also have custody of the Child from Monday at 6:00 p.m.' until the following Tuesday at 8:15 a.m., when the Father shall return the Child to the Mother I s residence or, if the Mother is working, to the babysitter's residence. The Father's periods of custody under this subparagraph shall begin on Monday, November 17, 1997. C. The Mother shall have custody of the Child at all times not otherwise specified for Father in this Order. ,3. The parties shall share or alternate having custody of the Child on holidaY9 as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and segment B, which shall run from christmas Day at l<!:OO noon until December 26 at 12:00 noon. The Mother shall have custody of the Child during segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. Thanksgiving: The Thanksgiving holiday period shall begin on the Wednesday before Thanksgiving at 6:00 p.m. and end on Thanksgiving Day at 8:00 p.m. The Father shall have custody of the Child during the Thanksgiving holiday in odd numbered years and the Mother shall have custody of the Child over the Thanksgiving holiday in even numbered years. C. Memorial Day/Labor Day: The Mother shall have custody of the Child every year on Memorial Day and the Father shall have custody of the Child every year on Labor Day, at times to be arranged by mutual agreement of the parties. D. New Years: In even numbered years, the Father shall have custody of the Child from New Years Eve through New Years Day and in odd numbered years, the Mother shall have custody of the Child from New Years Eve through New Years Day, at times to be arranged by mutual agreement of the parties. For purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Day. E. Easter: The Mother shall have custody of thll Child on Easter Sunday in even numbered years and the Father shall have custody of the Child on Easter Sunday in odd numbered yearll, at times to be arranged by mutual agreement of the parties. F. July 4th: The Father shall have custody of the Child on July 4th in even numbered years ClOd the Mother shall have custody of the Child on July 4th in odd numbered years, at times to be arranged by mutual agreement of the partills. G. Father's Day/Mother's Day: The Father shall have custody of tI1e Child every year on Father's Day and the Mother shall have custody of the Child eve,y year on Mother I s Day, at times to be arranged by mutual agreement of the parties. 4. Each party shall have custody of the Child for one uninterrupted week dudng each summer upon providing advance notice of at least one month to the other party. 5. The party who is receiving custody of the Child shall be responsible to provide transportation for the exchange of custody, with the exception of Tuesday mornings, on which the Father shall return the Child to the residence of either the Mother or the babysitter. 6. 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I<UMLEI<, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBI!:RLAND COUNTY, PENNSYLVANIA I vs. . NO. 97-5289 CIVIL TERM . . CIVIL ACTION - LAW . TAMMY L. KUMLER, Defendant . IN CUSTODY . ClUlBR OF CWRT AND 10, this ~ day of ,~ ~. consideration of the attached CUstody Concil ation Report, and directed as follows: , 1998, upon it is ordered 1. continue parties. The prior Order of this Court dated November 19, 1997 shall in effect pending further Order of the Court or agreement of the 2. The parties shall submit themselves and their minor Child to a cuscody evaluation to be performed by a prOfessional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent recommendations specifically addressing ongoing custody arrangements (primary, partial Ot' shared) which will be in the best interest of the Child. The Father shall be responsible for payment of seventy (70%) percent of the cost of the custody evaluation and the Mother shall be responsible for payment of thirty (30%) percent of the cost of the custody evaluation. The partIes shall sign all necessary releases and authorizations for the evaluator to obtain information pertaining to the parties and the Child. 3. Upon completion of the custody evaluation, and in the event the parties are not at that time able to agree on ongoing custody arrangements, counsel for either perty may file a Petition with the Court to have this matter scheduled for an additional Custody Conciliation Conference. 4. This Order is entered pursuant to agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisiona of this Order by mutual consent. In \.he absence of mutual consent, the terms of this Order shall control. BY THE COURT/ J I I I, " \~ AI ~ ....,. ~/ I J., cc: Jennifer L. Lehman, Esquire, Tammy L. Kumler, Mother Counsel for Father /1 l l l!op' f)s m~'. tc I.pt./tJp' .~ ROGER L. KUMLER, JR., : IN 'nIB COUR'l' Of' CXMtQl PLEAS or Plaintitf CUMB!RLAND CCXlN'1'r I pl!HfSYt VANIA VIS. 00. 97-5289 CIVIL TERM . CIVIL ACTlOO - LAW . TAMMY L. KUMLER , Defendant IN CUSTODY (]'lDI'.R Of' CXXRl' AND lOf, this ~ conaideratial of the atta ed and directed as follows: day of -J~L CUstody ConCl ation Report, , 1998, upon it is ordered 1. continue parties. The prior Order of this Court dated Noverri::ler 19, 1997 shall in effect pending further order of the Court or agreenent of the 2. The parties shall suomit themselves and thei::- minor Child to a custody evaluation to be performed by a professional selected by agreement of the parties and counsel. The purpose of the evftluation shall be to obtain independent t'l!!commendations specifically addressing ongoing custody arrangements (primary, ?!lrtial or shared) which will be in the best interest of the Child. 'The Father shall be t'esponsible for payment of seventy (70%) percent of the COSt of the custody eval.uation and the Mother shall be t'esponsible for payment of thirty (30%) percent of the cost of the custody evaluation. :'he ;;:artles shall sign all necessary ::-eleases and authorizations for the evaluator to obtain information pertaining to the flCIrties and the Child. . upon completion of the custody evaluation, and in the event the ;lBrties are not at that time able to agree on ongoing custody arrangements, counsel for either party may file a Petition with the Court to have this matter scheduled fo::- an additional Sustody Conciliation Conference. ~. This Order is entered pursuant to ag::-eement of the parties at a Custody Conciliation Conference. 'The parties may modify the provisions of this order by mutt.:al consent. :n the absence of mutual consent, the terms of this Order shall control. "~UE COpy FROM AE~CRO . '...'mony whereot I here unto ~~. :r;v nano ..)\11 ' I ~J . .'(];'lal of ~id Ccur:l at C:iIllS P..' , " /1 ~J... ,'ay ot.... kl.'-'i,. ;J C;;:rr ;.. Ir~ ..,j r' ,-c "L, .. .,I?.Jc'YJ J. ' .. ~,t'j (Jtolhonolary ~y ':HE c::tJRT, -, .- , I .. --, ~..~- - ~ ;{y '''.~. ./ - .. ./ --' .~. :ennife~ s. :ehman, ~squire, ::unsel ==r Father :'amny' i:umler, :'Iother .. EXfI [B ['[' ^ " ' , ~~~ ~ uu~ ~! ~ ~ J~~ ~ J ~~ lil j . ~~~~~ !~ . ~ Uhf ~~. ;1 ~I~~ J . ::E ..:I ~ ~ ~ I .' , . . , , , , , ',' . , , ' , I " . '..',. , ' , , , ",1, ',' ,,' ' , ! '. , ;,1,\' ""i' "'- , 'i" , " ( ',I. I , , , , 'I'"" I,;,,'; , l ',I .' , "r" ',, JAHi,42'Y .. ROGER L. KUMLER, Plaintiff VB. IN THE COURT OF COMMON PLEAS OF CUMBI3RLAND COUNTY, PENNSYLVANIA NO. 97-5289 CIVIL TERM TIlMMY L. KUMLER, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF CXXJRT .~ AND NCIi, this '2.. to day of consideration of the attached Custody Conc ~t, and directed as follows: , 2000, upon it is ordered 1. 19, 1997 \ The prior Orders of this Court dated June 16, 1998 and November are vacated and replaced with this Order. 2. The Father, Roger L. Kumler, Jr., and the Mother, Tammy L. Kumler, shall have shared legal custody of Roger Kumler, III, born December 14, 1992. 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 I S general well-being including, but not limited to, all decisions regarding his health, education and r~ligion. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The parties shall alternate having custody of the Child on weekends from Friday after school or day care through Monday morning before school or day care. The alternating weekend schedule shall begin with the Mother having custody of the Child on January 21, 2000. B. During weeks following the Mother's weekend periods of custody, the Mother shall have custody of the Child on Tuesday and Thursday from after school or day care through the following morning before school or day care, and the Father shall have custody on Monday and wednesday from after school or day care through the following morning before school or day care. C. During weeks following the Fathe,"'s weekend periodS of cu~tody, the Mother shall have custody of the Child on Monday and Wednesday from after school or day care through the following morning before school or day care and the Ii'ather shall have custody on Tuesday and Thursday from after school or day care through the fOllowing morning before school or day care. D. The weekday periods of custody shall begin with the Mother having custody of the Child on Wednesday, January 19, 2000. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12100 noon until chri3tmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 12:00 noon. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Chilcl during Segment A in even numbered years and ducing Segment B in odd numbered years. B. TflANKSGIVING: The Thanksgiving holiday period shall begin on the Wednesday before Thanksgiving at 6:00 p.m. and end on Thanksgiving Day at 8:00 p.m. The Father shall have custody of the Child during the Thanksgiving holiday in odd numbered years and the Mother shall have custody of the Child over the Thanksgiving holiday in even nun~red years. C. MEKlUAL DAY/LABOR DAY: The Mother shall have custody of the Child every year on Memorial Day and the Father shall have custody of the Child every year on Labor Day, at times to be arranged by mutual agreement of the parties. D. NEW YEARS: In even numbered years, the Father shall have custody of the Child from New Years Eve through New Years Day and in odd numbered years, the Mother shall have custody of the Child from New Years Eve through New Years Day, at times to be arranged by mutual agreement of the parties. For purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Day. P.. EASTER: The Mother shall have custody of the Child on Easter Sunday in even numbered years and the Father shall have custody of the Child on Easter Sunday in odd numbered years, at times to be arranged by mutual agreement of the parties. ~'. JULY 4th: The Father shall have cllstody of the Child on July 4th in even numbered years and the Mother shall have custody of the Child on July 4th in odd numbered years, at times to be arranged by mutual agreement of the parties. G. Ii'ATlIER'S DAY/MOTlIE2PS DAY: The Father shall have custody of the Child every year on Father'~ Day and the Mother shall have custody of the Child every year on Mother's Day, at times to be arranged by mutual agreement of the parties. 5. Each party shall have custody of the Child for one uninterrupted week during each summer upon providing advance notice of at least 1 month to the other party. 6. The parties shall have a weekly telephone conference every Wednesday at 7:00 p.m. to discuss issues concerning the Child and to 2. The parties will share physical custody of the Child on the following schedule: a, . The parties wHl altemate weekends with the Child, The parent who has custody of the Child for the weekend will pick the Child up at day care on Friday and retum the Child to day care on Monday morning, b, Father will have primary custody of the Child during the week subject to Mother having the Child for one weeknight visit which shall be agreed between the parties, 3, The parties shall share or alternate having custody of the Child on holidays as follows: a, The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and Segment B. which shall run from Christmas Day at 12:00 noon Wltil December 26 at 12:00 noon. Mother shall have custody of Child during Segment A in odd nun1bered years and during SegMent B in even numbered years. Father shall have custody of Child during Segment A in even numbered years and during Segment B in odd nun1bered years, b, The Thanksgiving holiday shall begin on the Wednesday before Thanksgiving at 6:00 p,m, and end on Thanksgiving Day at 8:00 p,m, Father shllll have custody of Child during thC'i Thanlc,sgiving holiday in odd numbered years and Mother shall have custody of Child over the Thanksgiving holiday in even nun1bered years, 2 c, Mother shall have custody of Child every year on Memorial Day and Father shall have custody of Child every year on Labor Day, at times to be arranged by mutual agreement of the parties, d. In even numbered years, Father shall have custody of Child from New Year's Eve through New Year's Day and in odd numbered years, Mother shall have custody of Child from New Year's Eve through New Year's Day, at times to be arranged by mUlual agreement of the parties, For purpr:>ses of this provision, the entire New Year's holiday shall be deemed to fall in the smne year as new Year's Day, e. Mother shall have custody of Child on Easter Sunday in even numbered years and Father shall have custody of Child on Easter Sunday in odd numbered years. at times to be arranged by mutual agreement of the parties, f, Father shall have custody of Child on July 4 in even numbered years and Mother shall have custody of Child on July 4 in odd numbered years, at times to be arrmlged by mutual agreement of the parties, g, Father shall have custody of Child every year on Father's Day and Mother shall have custody of Child every year on Mother's Day, at times to be arranged by mutual agreement of the parties, 4, Each party shall have custody of Child for one uninterrupted week during each summer upon providing advance notice of at least one month to the other party, 3 , , , ", , " , " , " '. .' , " ''') j?:: , , (~, " ,/ I~/' ':,)'.rr r ,.,) <::' :1" ,):.i: ,.J >(.) ,,'~ /ii , 'I>'" /-" 'i;)' ) ',:: '". :J , 'Ii'. 1.-, ..l_ , " ;3 ::,) U , " 'I , , " " " , , . " " ,