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HomeMy WebLinkAbout01-4683 LAWRENCE M. BARD, II, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- -4&P.3 CIVIL TERM CUSTODY SANDRA D. BYBEE, Defendant COMPLAINT FOR CUSTODY AND NOW comes Lawrence M. Bard, II by and through his attorneys, Frey & Tiley, and states as follows: 1. Plaintiff is Lawrence M, Bard, II, an adult individual, currently residing at 319 Franklin Street, Carlisle, Cumberland County, Pennsylvania. 2, Defendant is Sandra D. Bybee, an adult individual, currently residing at 305 West Willow Street. Apartment 103, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of Benjamen T, Bybee, born January 24, 2001. The child was born out of wedlock. The child is presently in the custody of Defendant, Sandra D. Bybee, who resides at 305 West Willow Street, Apartment 103, Carlisle, Cumberland County, Pennsylvania. During the past five years, or since the child's birth, the child has resided with the following persons at the following addresses for the folowing periods of time: NAME ADDRESS DATE Sandra D. Bybee 305 West Willow Street, Apartment 103 1/24/01 Carlisle, Cumberland County, Pennsylvania The natural mother of the child is Sandra D, Bybee, currently residing at 305 West Willow Street, Apartment 103, Carlisle, Cumberland County, Pennsylvania. She is unmarried. The natural father of the child is Lawrence M. Bard, II, currently residing at 319 Franklin Street, Carlisle, Cumberland County, Pennsylvania. He is unmarried. 4, The relationship of the Plaintiff to the child is that of Father. The Plaintiff resides with the following persons: NAME RELATIONSHIP None 5. The relationship of the Defendant to the child is that of Mother. The Defendant resides with the following persons: NAME RELATIONSHIP Benjamen T. Bybee son 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 7. Plaintiff seeks to have reasonable and regularly scheduled periods of partial custody of the child which have been denied to him up to this time. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because it will promote the development of a closer relationship between the child and his father and his father's family and will aid in the mental, physical and emotional growth of the child, 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named parties to this action, No other persons are known to have or to claim any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him shared legal custody and partial physical custody of his child, Benjamen T. Bybee. Respectfully submitted, Frey & Tiley By: Rob G. Frey Supreme Court LD, No. 46397 5 South Hanover Street Carlisle, Pennsylvania l70l3 (717) 243-5838 I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to unsworn falsification to authorities. Dated: July 19,2001 /~I f/!/t/ff -I-~ a >- 2! ,~ >- ~ :-:"? ..:1 ~:"': Z ~:';~'i cr, ( , ::;:><( ....... ..-,-,' i )-- <J) \_l. ,::1: t)~ ~ "- CJ; ~, ~ ,~;1 :::'J ........ u:J .,:;>- -" , '-'1 tJ) ...... . L: ~ ,- -., co .~~ B ....-: =-J IjL.- ~ rr)W IL "'" -_."- ~ \J () C) :::J ~ PL () fi: -" ~ ;oS M ::><: 0 0- rsZ :c O~ .::..... () ~t: u.. n:::l oJ:) ~(n I ~Z uJ(;~. rr:Z .,- ~ jJ..JuJ '-- ~ rnO- oa: :2 t.L 3 0 0 z o~~ ~~~ Uf;o1S: r;..~U'.l' o z.... E-< ze: ~u~~ or;.. ~ uO>O ~U'.l!2 =~>:J E-<,""O as~u = ~ < ~ .~ ~~ ~.5 U~ z~ ~ j .; ~ ~ ~ ~ ><.... ~= .~ Q= ~cS ~~ VJ >< 8 Eo-< VJ t ~ o ~ ~ < ~ ~ o u <0 a; '" CD <0 >-~...(f)LA? w:5Ci5o~ ~~....r-...C\I -ceCD.,... I-ch€)<t:" olS>-c:a..r:: UJ a:J __ >-~:J:~CD W 0 J::.~ c: !I: I: 51ij,g u.<~ug. tn ~ SEP 1 0 2001 bP LAWRENCE M. BARD, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SANDRA B. BYBEE, Defendant NO. 01 -4683 CIVIL IN CUSTODY COURT ORDER AND NOW, this -1L day of September, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Sandra D. Bybee, and the Father, Lawrence M. Bard, II, shall enjoy shared legal custody of Benjamen T. Bybee, born January 24,2001. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Once a week for a period of five and one half hours (5y:' hours) from Noon on Friday until 5:30 p.m. on Friday. In the event the parties work out arrangements to the contrary, the parties may change the date or timeframe as they agree. 4. While Father has custody of the minor child, Father shall not consume alcohol. 5. Communications between the parties shall be limited solely to matters relating to the minor child. 6. The parties shall meet again with the conciliator for another custody conciliation conference on Friday, October 12, 2001 at 10:30 a.m. 7. It is anticipated that Father's periods of temporary custody shall be expanded over time to include overnights, assuming there are no problems with Father exercising custody. In the event the parties themselves reach an agreement that would justifY canceling the custody conciliation conference, Ie al counsel for the parties may proceed with contacting the conciliator to c.an e conference. // cc: Robert G. Frey, Esquire . ~ ","",,4. l..t.. 5... 11-6) Kirstin M. Sweigard, Esquire - , ,..- ~ , J. 4--. Z:- ~ r- ~~ 0 "" N tJ:~JQ. ~.2r~ ~ Q~ w.--'c. 0.- 9~ 'I,.I,- q'(i - ~e ti}~':': - s CC~ --1l" f;j W 0:.:" f.l) .' </> ~ u.. - is c' C> LAWRENCE M. BARD, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SANDRA B. BYBEE, Defendant NO. 01 - 4683 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915 .3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Benjamen T. Bybee, born January 24, 2001. 2. A Conciliation Conference was held on September 6, 2001, with the following individuals in attendance: The Father, Lawrence M. Bard, II, with his counsel, Robert G. Frey, Esquire; and the Mother, Sandra D. Bybee, with her counsel, Kirsten M. Sweigard, Esquire. 3. The parties agree to the entry of an order in the form as attached. Hubert X. Gilroy, E Custody Concilia r r/7tl DATF/ ('lCT 'l :I 1n:'11 J, " .J. ~r ,1 LAWRENCE M. BARD, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SANDRA B. BYBEE, Defendant NO. 01 - 4683 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ay of October, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This court's prior order of September 11,2001 is vacated. 2. The Mother, Sandra D. Bybee, and the Father, Lawrence M. Bard, II, shall enjoy shared legal custody of Benjamen T. Bybee, born January 24, 200 I. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every Friday and Saturday from Noon until 6:00 p.m. This shall extend through November 25,2001. B. Starting November 30, 2001, Father's periods of temporary custody shall be alternating weekends from Friday at Noon through Saturday at 6:00 p.m, This alternating weekend schedule shall be on the weekend of November 30, 2001, December 14, 2001, December 28, 2001 and January 11,2002. Also, starting at this time, Father shall enjoy custody of the minor child on the Friday before Mother's weekend, the time being from when Mother goes to work on Friday morning until when Mother returns home from work on Friday in the late afternoon. The specifics with respect to exchange of custody shall be worked out between the parties. C. Starting January 25, 2002, Father's periods of physical custody shall be alternating weekends from Friday at Noon until Sunday at 6:00 p.m, 5. Father shall also enjoy periods of temporary physical custody with the minor child at such other times as agreed upon by the parties, and the parties may modifY the custody schedule set forth above as they agree. 6. The parties shall alternate custody on the following major holidays: Thanksgiving, Easter, Memorial Day, July 4th, and Labor Day. The schedule shall start with Father enjoying custody on Thanksgiving 2001 with the parties alternating holidays as set forth herein thereafter. 7. For the Christmas holiday, for Christmas 2001, Father shall enjoy custody of the minor child on Christmas Eve from 9:00 a,m. until 7:00 p.m. Mother shall have custody of the minor child from Christmas Eve at 7:00 p.m. through the entire Christmas Day. Future Christmas holidays shall be worked out between the parties pursuant to an alternating schedule. 8. Both parties shall enjoy at least two weeks of vacation with the minor child during the summer months, these weeks to be non-consecutive and each party advising the other parent in writing at least thirty (30) days in advance as to when they intend to exercise their vacation schedule. 9. Mother shall always have custody of the minor child for the entire day on Mother's Day and Father shall always have custody for the entire day on Father's Day, This provision shall supercede any other provision of this order. 10. The parties shall work with each other to allow for the Father to take care of the minor child when the minor child is sick so that Mother can go to work and allow Father to share the responsibilities with respect to those types of obligations. 11. This is a shared custody order such that both parents enjoy the right to obtain all information concerning the health and welfare of the minor child. Specifically, this order authorizes all health facilities and daycare facilities to treat each parent the same with respect to sharing information, This will include the Father's ability to visit the minor child at a daycare center when the child is in daycare but technically in the custody of Mother, such visits to not disrupt any daycare procedures. 12. Neither party shall consume alcohol while they have custody of the minor child, Additionally, communications between the parties shall be limited solely to matters relating to custody of the minor child. 13. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either arty desires to modifY this order, that party may petition the court to hav)J~as again scheduled with the custody ~ conciliator for a conference. THE CO '6~~ l\,r\ -6 l I D - ct-':'l cc: Robert G. Frey, Esquire Kirstin M. Sweigard, Esquire , r' 4., ~~', VlMlICUSNN:Jd A.l.NnOJ CM-f')L]]8Wno I S IF; W,.J II C 1:;0 10 JI.J<{/n,,) '_", " I\UV"('Ui'~', i".."L~_('i :;;:':','L ~jO >')/:1"""'J""'" - _J\.h ~'L, '. _,' :I_~;' LAWRENCE M. BARD, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SANDRA B. BYBEE, Defendant NO. 01 - 4683 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915 .3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Benjamen T. Bybee, born January 24, 2001. 2. A Conciliation Conference was held on October 19,2001, with the following individuals in attendance: The Father, Lawrence M. Bard, II, with his counsel, Robert G. Frey, Esquire; and the Mother, Sandra D. Bybee, with her counsel, Kirsten M. Sweigard, Esquire. 3. The parties agree to the entry of an order in the form as attached. /tJh~/11 DATE LAWRENCE M. BARD, II, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW SANDRA B. BYBEE, Defendant : NO, 01-4683 : IN CUSTODY CIVIL PRAECIPE To: Prothonotary WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter, Date: ~<-\o\ Jc--J 1 "L<eJ 'Zoo <.. ~. Robert 6: Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Lawrence M. Bard, II, Plaintiff in the above- captioned matter. Date: ,;? . .?/ -r tJ.:L g 0 0 N Tl .." '-I "0:; fTl '::,~1~2 Q;rrr; c;o .-G..:r; N t5~ ""T' -oJ '. ~~ '"0 .':3~~ :<: ' ,'):;~} ~o =!r.: .:;~ 1...::1 >8 w i:sn, ~ c- ?E N -< LAWRENCE M, BARD II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA v. CIVIL ACTION - LAW SANDRA B. BYBEE, Defendant NO. 01-4683 CIVIL IN CUSTODY PRAECIPE TO ENTER APPEARANCE AND WITHDRAWAL TO THE PROTHONOTARY: 1. Kindly enter the appearance of John C. Porter, Esquire, as Counsel of Record for the Defendant in the above matter. Please serve all papers to 61 West Louther Street, Carlisle, P A 17013. 2. Please withdraw the appearance of undersigned counsel on behalf of the Defendant, Robert P. Kline. I, Robert P. Kline, Esquire, hereby withdraw my representation of the defendant in the above captioned matter, ~ YW2 ~ , 2.L 7?!1J 2003 Robert P. Kline, Esquire ~ 'l.,s I 2003 BY: c.~ John C. Porter, Esq. PA Sup. Ct. ID# 90152 Attorney for Defendant 61 W. Louther St. Carlisle, P A 17013 (717) 249-1177 (') c -..,.. ~ -00:1 mrn --:7 -""1 ZC: C/)~ -<.L ~O ~C Zc :r>C z. =< >,1, o w ~ 1-" CO N ~ o --~'"1 ~. f~!~~ .....",..-' m.....(~) ,. ..\ ----' . ::C) ;':;rn :,:~t 5:; -< -0 ::c w N .z:- ,. J. SANDRA B. BYBEE Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. LAWRENCE M. BARD, II, Respondent CIVIL ACTION - LAW NO. 01 - 4683 CIVIL IN CUSTODY PETITION FOR CONTEMPT 1. Petitioner is Sandra Dee Bybee, who resides at 305 West Willow Street, Apt. 103, Carlisle, PA 17013. 2. Respondent is Lawrence M. Bard, II, who resides at 319 Franklin Street, Carlisle, P A 17013. 3. On October 24,2001, the Honorable Edgar B. Bayley of the Cumberland County Court of Common Pleas entered a Custody Order regarding Benjamen T, Bybee, (d.o.b. 1/24/01) the natural child of Petitioner and Respondent. 4, The October 24,2001, Order, at '10, provided that the :[t]he parties shall work with each other to allow for the Father to take care of the minor child when the minor child is sick so that Mother can go to work and allow Father to share the responsibilities with respect to those types of obligations." 5. A true and correct copy of that Order is attached as Exhibit "A." 6. Since the entry of Judge Bayley's Order, Respondent has willfully failed to obey the Order as follows: a) Since the entry of the October 24, 2001 Order, Petitioner has been forced to miss more than fifteen full days of work , , due Respondent's failure to honor his obligation under the Court Order when the minor child has been sick. See Exhibit "B," b) Petitioner's regular absences from work has been noted by her Supervisor. c) Petitioner has to admit that she is unable, at times, to keep up with her work assignments and responsibilities due to these regular absences. d) Respondent concedes that Petitioner has had to take the most time off from work to care for her and Respondent's ill child. e) Respondent fails to acknowledge that since the entry of the Court Order he has never taken a day off from work when his child has been ill. t) Respondent refuses to commit to a schedule where he and Petitioner alternate in sharing the responsibility to take care of the minor child when the minor child is sick. 7. Respondent has willfully, continually, and matter-of-factly violated the Judge Bayley's Custody Order. 8, Respondent is so resolved in his contemptuous behavior that he acknowledges that an alternating schedule of care for the child is a solution to this issue yet he unequivocally refuses to agree to this solution. WHEREFORE Petitioner prays this Court to adjudge Respondent in Contempt and to Order Respondent to reimburse Petitioner for her legal expenses which were made necessary by his own contemptuous conduct. BY: C.~-1;: ohn C. Porter Attorney for Petitioner PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-1177 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. f)-cr. ZOO?> Date ~hLb. ~. Petitioner, Sandra D. Bybee I (\ . EXHIBIT A . <00 I' " 1(':T ') 'j ,,- ..,. ',,", :.:' :.; ..) :.Ij'.':, ~ LA WRENCE M. BARD, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SANDRA B. BYBEE. Defendant NO. 01 - 4683 CIVIL IN CUSTODY COURT ORDER AND NOW, this K day of October, 2001, upon consideration of the attached Conciliation Report, it is ordered and directed as follows: Custody 1. This court's prior order of September 11, 2001 is vacated, .., "-. The Mother, Sandra D, Bybee, and the Father, Lawrence M. Bard. II, shall enjoy shared legal custody of Benjamen T. Bybee. born January 24. 2001. . 3. The Mother shall enjoy primary physical custody of the minor child, 4. The Father shall enjoy periods of temporary physical custody of the minor child as tallows: A. Every Friday and Saturday from Noon until 6:00 P,I1l. This shall extend through November 25. 2001. B. StaJ1ing November 30,2001. Father's periods of temporary custody shall be "alternating weekends from Friday at Noon through Saturday at 6:00 p.m. This alternating weekend schedule shall be: on the weekend of November 30, 2001, December 14,2001, December 28,2001 and January 11,2002. Also, starting at this time, Father shall enjoy custody of the minor child on the Friday before Mother's weekend, the time being from when Mother goes to work on Friday morning until when Mother returns home from work on Friday in the late afternoon. The specifics '.....ith respect to exchange of custody shall be worked out between the parties, C. Starting January 25, 2002, Father's periods of physical custody shall be alternating weekends from Friday at Noon until Sunday at 6:00 p.m. 5. Father shall also enjoy periods of temporary physical custody \-vith the minor child at such other times as agreed upon by the parties. and the parties may modi f)' the custody schedule set forth above as they agree, 6. The parties shall alternate custody on the following major holidays: Thanksgiving, Easter, Memorial Day, July 4th, and Labor Day. The schedule shall start with Father enjoying custody on Thanksgiving 2001 with the parties alternating holidays as set forth herein thereafter. 7. For the Christmas holiday, for Cluistmas 2001, Father shall enjoy custody of the minor child on Christmas Eve from 9:00 a.m. until 7:00 p.m. Mother shall have custody of the minor child from Christmas Eve at 7:00 p.m. through the entire Christmas Day. Future Cluistmas holidays shall be worked out between the parties pursuant to an alternating schedule. 8. Both parties shall enjoy at least two weeks of vacation with the minor child during the summer months, these weeks to be non-consecutive and each party advising the other parent in writing at least thirty (30) days in advance as to when they intend to exercise their vacation schedule. 9, Mother shall always have custody of the minor child tor the entire day on Mothe(s Day and Father shall always have custody for the entire day on Father's DaY.' ThIS provision shall supercede any other provision of this order. 10. The parties shall work with each other to allow for the Father to take care of the minor child when the minor child is sick so that Mother can go to work and allow Father to share the responsibilities with respect to those types of obligations, I 1. This is a shared custody order such that both parents enjoy the right to obtain all information concerning the health and welfare of the minor child. Specifically. this order authorizes all health facilities and daycare facilities to treat each parent the same with respect to sharing information. This will include the Father's ability to visit the minor child at a daycare center when the child is in daycare but technically in the custody of Mother, such visits to not dismpt any daycare procedures. 12. Neither party shall consume alcohol while they have custody of the minor child. Additionally, communications between the parties shall be limited solely to matters relating to custody of the minor child. 13. This order is entered pursuant to an agreement reached by the parties at a cllstody conciliation conference. In the event either party desires to modity this order, that party may petition the court to have this case again scheduled with the custody conciliator tor a conference. cc: Robert G. Frey. Esquire Kirstin fI,,1. Sweigard, Esquire LA WRENCE M. BARD, n. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SANDRA B. BYBEE, Defendant NO. 0 I - 4683 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILlA TION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE I 915.3-8(b), the undersigned Custody Conciliator submits the following rep0l1: 1 ~ The pertinent information pertaining to the child who is the subject of this litigation is as follows: Benjamen T. Bybee. born January 24, 200 I. 2. A Conciliation Conference was held on October 19,2001. with the tollowing individuals in attendance: The Father, Lawrence M. Bard, II, with his counsel, Robert G. Frey. Esquire; and the Mother, Sandra D. Bybee. with her counsel, Kirsten M. Sweigard. Esquire. 3. The parties agree to the entry of an order in the fonn as attached. /Ir(~/II DATE Q~ Hubert X. Gil~~:~squire Custody Concfator " . Summary of Respondent's Violations of Court Order of October 24, 2001 Date 12/24/01-12/31/01 1/09/02 1/10/02 1/14/02 2/06/02 2/07/02 2/12/02 2/24/02 2/25/02 2/26/02 4/23/02 4/24/02 5/09/02 5/10/02 5/22/02 5/31/02 F 6/17/02 6/18/02 6/19/02 6/28/02 F 7/17/02 7/28/02 8/12/02 9/10/02 Parent Petitioner Petitioner Respondent Petitioner Petitioner Petitioner Petitioner Respondent Petitioner Petitioner Petitioner Petitioner Respondent Petitioner Petitioner Petitioner Petitioner Petitioner Petitioner Respondent Petitioner Petitioner Description Petitioner took off work - DCCC closed over Christmas. Took off day - Minor child is sick. Picked Minor child up this evening instead of tomorrow morning - Minor child is sick. Took off day - Minor child is sick. Took off 1 hour - Minor chiild is sick. Took off day - Minor child is sick. No sick leave; Annual leave. Took off day - Minor child is sick. No sick leave; Annual leave. Scheduled custody weekend - Minor child is sick. Took off day - Minor child is sick. No sick leave; Annual leave. Took off day - Minor child is sick. No sick leave; Annual leave. Took off day - Minor child is sick. Sick leave. Took off day - Minor child ils sick. Sick leave. Lttr. From Attorney Baird re: Schedule routine Doctor's appointments on Fridays Scheduled custody day - Minor child is sick. Lttr. From Attorney Kline re: Respondent not fulfilling his obligation to cover when Minor child is sick. Consultation with Ear Specialist. 5.5 hours personal leave instead of2.0, because Respondent late, despite his attorney's request to have Doctor appointments scheduled on a Friday. Took off 3.5 hours - Minor c:hild is sick. Annual leave. Took off day - Minor child is sick. No sick leave; Annual leave. Arranges care for Minor child. Respondent still out of town and his Mom can't help. Took off 4.0 hours. Respondent is no show at Dr. appointment, despite his attorney's request to have Doctor appointments scheduled on a Friday. Took off 1.0 hour. Minor child is sick. Sick leave. Scheduled custody weekend. Minor child is sick. Took off day - Minor child is sick. No sick leave; Personal leave. Took off day - Minor child's tube surgery. Annual leave. Respondent is a no show - Dr. tells Petitioner to stay home, " , 11/14/02 12/11/02 - 12/12/02 12/14/02 3/17/03 4/14/03 4/15/03 Petitioner Petitioner Respondent Petitioner Petitioner Petitioner Took off 1 hr. Minor child is sick. Annual leave. Took off 15 hours. Minor child is sick. Annual leave. Scheduled custody weekend. Minor child is sick. Took off2.5 hours. Minor child is sick. Minor child sick with Conjunctivitis. Petitioner leaves a message with Respondent f~xplaining that Minor child will not be able to attend Child Care the following day because of his Conjunctivitis, No response from Respondent. Minor child sick with Conjunctivitis. " " ,. LINDSAY DARE BAIRD ATTORNEY A.T LAw 37 SOUTH HANOVER CA.RLISLE, PENNSYLVANIA 17013-3307 TEL. (717) 243-5732 FAX (717) 243-8110 May 9, 2002 Robert p, Kline, Esquire 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 > a.. oear Rob: U Thank you for telephone call of May 2,2002. Mr. Bard and I had met prior to ur call, but needed to meet a second time to be complete. RE: Bard v. Bybee No,01"-4683 IN CUSTODY I believe I have already faxed to you the paper from my client's employer explaining that he does not receive pay for days off. He works forty-hour weeks in four days. If Monday is a holiday, he receives no pay for the day. He will be seeking to work on Fridays after a holiday to make up the day. Support is calculated on his working forty hour weeks and when he does not, he must pay money that he does not earn. The daycare center (Dickinson College Children's Care) will be renewing their contracts for June. Since Mr. Bard is typically off on Fridays, it is wasteful to continue to pay for five days of daycare. We propose having the contract for daycare three days only, Tuesday, Wednesday and Thursday, On Mondays that Ms. Bybee works, Mrs. Bard, the paternal grandmother, would be willing to watch Benjamin. In reference to Benjamin's sick days, Mr. Bard can not take off of work. As we have explained, the Union is unforgiving. It is my client's belief that many of the sick days have the pattern of being after Mr. Bard's weekend with Benjamin. Mr. Bard does not believe that the child is sick many of the days he is purported to be, I offer the following as an example. On April 24th, Ms. Bybee made a doctor's appointment for Benjamin. Mr. Bard attended the appointment. Ms. Bybee reported to the physician's assistant that she had taken the child's temperature two times prior to the 13:00 A,M. appointment and that he had temperatures of 102.4 and 102.6. However, the PA took the temperature and it : , '~~7~~~--:";'~',';"' :~~:~ ROBERT P. KLI~E, ESQ. KIRSTI~ :\1. SWEIGARD. ESQ. May 22, 2002 Lindsay D. Baird, Esquire 37 S, Hanover Street >- Carlisle, PA 17013-3307 0. Via facsimile and first class mail o o Dear Lindsay: Re: Bard v. Bybee Cumberland Co, No. 01-4683 Civil Term This letter serves as a follow-up to our telephone conversation of Tuesday, May 21, 2002. You have advised me that you will be attempting to contact Mr. Bard to schedule a meeting with him in your office on this coming Friday, and have asked me to put into writing some of the issues and concerns raised by my client so that you can address those issues with Mr. Bard. First and foremost, please keep in mind that the primary issue involved is your client's willingness and/or ability to be available for his son at times when his son is ill. My client has used up her sick time, personal time, and vacation time in order to accommodate Benjamin when he has been ill. Your client's accusations that my client is taking time off with Ben just to take time off from work are baseless and without any foundation whatsoever. The Court Order dated October 24, 2001 specifically provides that "the parties shall work with each other to allow for the father to take care of the minor child when the minor child is sick so that mother can go to work and allow father to share the responsibilities with respect to those types of obligations." My client's primary concern is that your client continues to ignore this provision of the Court Order which was entered at a conciliation conference and, therefore, was an issue which he specifically agreed to at this time. All we ask is that he honor his agreement. I understand that there are concerns with the fact that he may lose pay on those days when he must watch Ben, but, quite frankly, Sandy's situation is very similar in that she has used valuable vacation time which she had hoped to spend with Ben when he is healthy, as most parents would expect to do, and her supervisor at work has addressed with her the extent of her absences as a result of Ben being ill. Quite frankly, it concerns my client that your client's n:sponse to the issue at hand, as described above, was a switch to three days per week daycare as opposed to five days per week i 1 ; ~ I I :'\ ,"' , t: .: I." .... . : . .' Lindsay D. Baird, Esquire May 22, 2002 Page Two daycare, with your client's mother caring for the child on Mond,ays and your client caring for the child on Fridays, This is problematic for a number of reasons. First, he certainly cannot predict a day of the week that Ben might become ill and, herefore, your client's proposal ignores the issue at hand, Second, your client has advised my client that your client has been hesitant to leave Ben alone with his mother at all because your client feels she is too old. At one point, your client even advised my client that he hadn't left Ben alone yet with his mother because of his concerns. My client does not know whether tl13t sitllation has changed. Then, all of a sudden, after creating these concerns in my client's mind based upon his own statements, your client proposes that his mother watch Benjamin one full day each week. The third concern regarding your client's proposal was addressed in your letter and is a mattcr you and I have discussed on the telephone. Your client has proposed that he have Ben each Friday, He then advises us that there may be Fridays in which he needs to work, without making any suggestion as to who would care for Ben on those Fridays when he works. Certainly, if there is a contract for three days of daycare per week, there can be no guarantee that a place will be available for Ben on those Fridays that your client may need to work. All in all, based upon your client's complaints as to why he cannot provide care for his son when he is ill, and the nature of the proposal that he made \',;hich fails to address the ultimate issue, it would appear that your client's primary concern is money, not necessarily what is best for his child. All that having been said, based upon the comments that your client has made regarding his lTJother, my client is reluctant to have your client's mother as a regular caregiver for Benjamin. However, noting that she may be the best individual available who is related to Benjamin, she 'would reluctantly agree to allow your client's mother to care for Benjamin at times when Ben is ill and my client requests your client to be available and your client cannot make himself available, which essentially is one step in the right direction toward resolving the ulti'oate issue addressed in the first paragraph above. Please discuss these matters with your client so that our clients can come to some type of understanding as to who will be available for Ben when he is ill. Once that issue is resolved to my client's satisfaction, I will then be in a position to discuss with her your client's other proposal. V cry truly yours, Robert P. Kline, E~;quirc RPK/srf cc: Sandy Bybee ~~ ......~ ~ ~ ~ ........ '& . e t f ~ <-':. n-;;"; --:-.....' . ~/ , '(j< '.- -<(~ ..~ r':"I,_ }:~c :!: (-~- )> f~~... :::3 -..... o c .....,. C1 ( J - .~ -, c, J:.~ ~ .. .. ,. o -T: -~- ~ '. , 1.'- ':',:-1 -.:< LAWRENCE M. BARD, II, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW SANDRA B, BYBEE, Defendant : NO. 01-4683 : IN CUSTODY CIVIL PETITION TO MODIFY CUSTODY ORDER AND NOW, comes the Plaintiff, Lawrence M. Bard, II, by and through his attorney, Lindsay Dare Baird, Esquire, and respectfully avers the following: 1, Plaintiff resides at 319 Franklin Street, Carlisle, PA 17013 and is the natural father of Benjamen 1. Bybee, born January 24, 2Cl01, 2, Defendant, Sandra B. Bybee, resides at 30S W. Willow Street, Carlisle, PA 17013 and is the child's natural mother, 3. A Court Order was issued in this matter on October 24,2001. That Order is attached and marked Exhibit "A". 4, Paragraph 10 of the Order provides that the parties work together to arrange for the care of the child when ill, The parties havE~ been unable to resolve the issue and the Plaintiff seeks the Court's assistance. 5. While not addressed in the Order, the decisions about day care for the child have become problematic, The parties cannot agreE! on whether the child should be in day care for three days or five days each week and the Plaintiff seeks the Court's assistance. WHEREFORE, the Plaintiff, in seeking the best inte!rest of the child, respectfully requests a conciliation conference to address the above pt9titioned matters. Respectfully submitted, ~ 10# 72083 37 South Hanover Street Carlisle, PA 17013 (717) 243-!;732 t,1.. ....". ~'- II" LA WRENCE M. BARD, II, Plaintiff IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LA 'JI' SANDRA 8, BYBEE. Defendant NO. 0 I - 4683 CIVIL IN CUSTODY f' I AND NOW, this O:L{ day of October, 2001, upon consideration of the attached Custody Conciliation Report, it ii ordered and directed as follows: COURT ORDER I, This court's prior order of September I I, 200 I is vacated. ..., The Mother, Sandra D. Bybee. and the Father. La\vrence M. Bard, II. shall el~ioy shared legal custody of Bel~iamen T. Bybee. born January 24. 200 I, 3. The Mother shall el1ioy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as tallows: A. Every Friday and Saturday lI'om Noon until 6:00 p.m. This shall extend through November 25.2001. B. Starting November 30, 200 J. rather's periods of temporary clIstody shall be alternating weekends tram Friday at Noon through Saturday at 6:00 p.m. This alternating weekend schedule shall be on the weekend of November 30. 2001, December 14, 200 J, December 28. 200 J and January 1 I, 2002. Also. stm1ing at this time. Father shall enjoy custody of' the minor child on the Friday before Mother's weekend. the time being f)'om when Mother goes to work on Friday morning until when Mother returns home from work on Friday in the late aftcmoon. The specitics with respect to exchange of custody shall be worked out between the pal1ies. C. Starting January 25, 2002, Father's periods of physical custody shall be alternating weekends from Friday at Noon until Sunday at 6:00 p.m. 5. Father shall also enjoy periods of temporary physical custody with the minor child at such other times as agreed upon by the parties, and the pm1ies may modifY the custody schedule set forth above as they agree. EXHIBIT "A" 6. The parties shall alternate custody on the following major holidays: Thanksgiving, Easter, Memorial Day, July 4th, and Labor Day, The schedule shall stai1 with Father enjoying custody on Thanksgiving 2001 with lthe parties alternating holidays as set forth herein thereafter. 7. For the Christmas holiday, for Christmas 200 I, Father shall enjoy custody of the minor child on Christmas Eve from 9:00 a.m. until 7:00 p.m. Mother shall have custody of the minor child from Christmas Eve at 7:00 p.m. through the entire Christmas Day. Future Christmas holidays shall be worked Ollt between the pm1ies pursuant to an alternating schedule. 8. Both parties shall enjoy at least two weeks of vacation with the minor child during the summer months, these weeks to be non-consecutive and each party advising the other parent in writing at least thirty (30) days in advance as to when they intend to exercise th,?ir vacation schedule. 9. Mother shall always have custody of the minor child for the entire day on Mother's Day and Father shall always have custody for the entire day on Father's Day. This provision shall supercede any other provision of this order. 10. The pm1ies shall work with each other to allo\-v for the Father to take care of the minor child when the minor child is sick so thail Mother can go to work and allow Father to share the responsibilities with respect to those types of ohligations. 11. This is a shared custody order such that both parents enjoy the right to obtain all information concerning the health and welfare of the minor child. Specifically, this order authorizes all health facilities and daycare facilities to treat each parent the same with respect to sharing intormation. This will include the Father's ability to visit the minor child at a daycare center when the child is in daycare but technically in the custody of Mother, such visits to not disrupt any daycare procedures. 12. Neither party shall consume alcohol while they have custody of the minor child. Additionally, communications between the parties shall be limited solely to matters relating to custody of the minor child. 13. This order is entered pursuant to an agreement reached by the pm1ies at a custody conciliation conference. In the event either party desires to modity this order, that party may petition the court to have this case again scheduled with the custody conciliator for a conference. cc: Robert G. Frey. Esquire Kirstin M. Sweigard. Esquire T~H j't:' r.', ',,,~./ 'l". :"'.'~" 't 'l'.l ~rf' ~:"'< J\:l.,'r. '-~.'~.,"! ~ 'r'j(.....,I'l .\L.>"~.. In TCSf;ln~';' 'cof, I :hHd unto ::i . :d iand 11;: ~I oj" .:,aid0i' f ourt(LcarT1e, 2" " Ti' ...........ti.... ~( / ,U~..L..., . ~)...l. Jt . , , ' ;, ,? /'''";. .. I, '1 ..: .nL~.~l.... .., k.~,(.t...~ " c."...L~~~=-:O#~ '" I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS ~4904 relating to unsworn falsification to authoritie,s. J~ ftiLh Lawrence M. Bard, II, Plaintiff "'" w " ~ ~ ~ ~ ~ ....... \J '-J W ~ . ~ \ o S c~._ ""T'('I n~ir-:- -_7" ".... ~ /~,. (r~ , ......--: ,:.;\ "._-, ~~ _.-~ .J -~ C) v..:;1' :Jt ..~ ...... ~< o --;1 ""n - ., ':'-" .r;- r> ~ SANDRA B. BYBEE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-4683 CIVIL ACTION LAW LAWRENCE M. BARD, II DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 16, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 12, 2003 at 8:30 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinf!. FOR THE COURT, By: Isl Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individual.s 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 7?-~'JI. ~~~ CQ-"I/--9 ~ ~ ~ ~tI':..." ~k; ('Q'~/r &~~~~~ ~'l/-~ . {":;vvnJ 2 J :<' I ~ : L, '. c 9 i' , u (' ,. ~ '\illt~clcl LAWRENCE M. BARD, II PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 01-4683 CIVIL ACTION LAW SANDRA B. BYBEE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 21, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 03, 2003 , the conciliator, at 10:30 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator i/ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE lHE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . F ~'II- -: ~ % trNC.F ~ fp ~ ~ ~ [Q-/r:'f ~ ~ ~,;-.. -~ -/'9 wte? ~ ... \/!!\:'.//,'-1 1 (i,\ ' "_,,.' ~ ,/\,):\II\I~ t ~ I .-':'i:;?;V~no l 11~' .C' , ......, v .v ~ . I:)!' ,', , t- .,"i.-J CO Ab :!o LAWRENCE M. BARD, II, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW SANDRA B. BYBEE, Defendant : NO. 01-4683 : IN CUSTODY CIVIL Certificate of Service I, John C. Porter, Counsel for the Defendant, Sandrea B. Bybee, hereby certify that a true and correct copy of the Petition for Contempt, in the above captioned case was served upon, Lindsay Baird, Esquire, Counsel for the Defendant, Lawrence M. Bard, II, on the 16th of May, 2003 in the following manner: First Class Prepaid Postage to Lindsay Baird, Esquire 37 South Hanover St. Carlisle, P A 17013. I also certify that on May 29, 2003, I, John C. Porter, Counsel for the Defendant, Sandra B. Bybee, served Lindsay Baird, Esquire, Counsel for the Defendant, Lawrence M. Bard, II, with a true and correct copy of the Order of Court by the Custody Conciliator, in the above captioned case in the following manner: First Class Prepaid Postage to Lindsay Baird, Esquire 37 South Hanover St. Carlisle, PA 17013 Date 5 \ 1." \ e 3 ~ l- (k- John C. Porter, Esq. Counsel for Defendant PA Sup. Ct. ~D# 90152 61 W. Louther St. Carlisle" PA 17013 717-249-1177 (') ~ -0 IT! mrr --:7 ~.r-; ~....;J_.i z; co '-,~ :-< .,;;. ~C ~O "'- c) j> (::: ~ o w ::x :J:.D -< W o -0 :Jl:: ~ l'\,) o ~ '-j :1iJ] I ""Jill ;}~2Y >::; (~ ~r' 4', "5"n ~~ ?& -< JUN 2 - 2003 J OJ~r 23JJ2DD~ ~ SANDRA B. BYBEE Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. LAWRENCE M. BARD, II, Respondent CIVIL ACTION - LAW NO. 01 - 4683 CIVIL IN CUSTODY ORDER OF COURT AND NOW, this 3./ day of ~, 2003, it is ORDERED AND b.~;f!b. 7I-t DECREED that Plaintiffs Motion for a Ht;,aring.before a Judge is ~rfm ....~d <4 ~.,...... ..- ) !. .~~ ~.\ ~...e.. ..;a:;,.,- ..:J l' ;;" -T ~:-4 1~"'",,~u6 :Knell tar the aas' Bf , 288J, <4t ---:,-n ~~_ufll,~~wutc':~'de~w~~~C'U~J!.~ti ,~ ~ ~ ~ ~ ~ ....~-A~ .::t tkiJ lI""UJ.:U5' UJ.l] alld all b:>ue;:> llle; .!-'Q..lllc:s w1:sneu IO auuress al lhe; Jwu" 24, :8~, c.A-.:.&. ~ ~ ....:.... Sh.LQ .... c.J....c...~~7.J. S"PFQ";' ^ pp,"",,1 U~<>r;ng h~fMP ~l1ppn~ Basta! Hiallaal D'J~Al~; tR~ J....."" 1')7 ')f)QJ, ~llBt.)d) Cvu...:l:ut:vu b...L. '"' Cvu...:l:utvl lIulkil X. OUroy, ana me JUlY.), 1,DO.3, CU:SlVd)-- CSRsiliatiou b...[t,.... Cvu,",~LutVl IIub~d. X. e111wy w1Il be heard. llI1:s I1ca.dul:) b~[Vl,", <4 - JudE,,", ..ill I1}!llau, tLw"" .p~~--!8i~B J. r1 ~t ~ t' t~ {\~f ~{',~ ~ ~ b. ~ 'i\N\jf\\~.sNN3d ,\iNneCi Q~.)f"i:d-:1;cw~n8 L'l ~ \ \ ~\~ S - H\\r ~o ,,'CN10\\lUi\LU':::' .:Hl jO ~B;:\O-(\:n\:\ JUN 1 9 Z003 ~ LAWRENCE M. BARD, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SANDRA B. BYBEE, Defendant NO. 01 - 4683 CIVIL IN CUSTODY COURT ORDER AND NOW, this ""}A() day of June, 2003, upon consideration of the attached Custody Conciliation Report and after consultation with the conciliator on this case, it is ordered and directed as follows: 1. The request of the Mother, Sandra B. Bybee, to hold a hearing on her Petition for Contempt is DENIED on the basis that the Petition for Contempt relates to Paragraph 10 of this court's prior order of October 24, 2001. The terms of Paragraph 10 of said order are not such that this court will entertain contempt proceedings relating to that provision. 2. The order of October 24, 2001 shall remain in effect subject to the following modifications: A. Paragraph 10 of the order is removed. B. The Mother, as primary cnstodian, shall enjoy the right to select the arrangements for the child's daycare during the week. C. Father shall have custody of the minor child during the day on Friday of every week. In the event Father is not available on Friday because of work or otherwise and the child is not able to attend the normal daycare, it shall be Father's obligation to rran for care of the minor child on Friday. - ... /' J. cc: 4dsay D. Baird, Esquire tJbhn C. Porter, Esquire ~ ~~ I.}\'~ A()'6' OV~ . ~ C\I ~ 2: t;f' N ~J~ ?~ p,::P :lI: :,.) ~r.r: "'- ~~ <7 <::> foC" ;-i'CI) WG.. N ..:12: --Ill.J :z: ~~ G:;:E => -, a !5 (") 0 LAWRENCE M. BARD, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SANDRA B. BYBEE, Defendant NO. 01 - 4683 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Benjamin T. Bybee, born January 24,2001. 2. A Conciliation Conference was held on June 10, 2003, with the following individuals in attendance: The Father, Lawrence M. Bard, II, with his counsel, Lindsay D. Baird, Esquire; and the Mother, Sandra B. Bybee, with her counsel, John C. Porter, Esquire. 3. There are a number of issues between the parties. One issue was Mother's concerning over Paragraph 10 of the existing order which dealt with who would take care of the child when the child was sick. Another matter was the ability of the Father to mandate that the child is ouly in daycare three days a week rather than five. The conciliator spoke with the parties at length and the conciliator also spoke with Judge Bayley. Based upon those discussions, the conciliator recommends the entry of an order in the fonn as attached. ~ (/1.,( {; ;J DATE v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW LAWRENCE M. BARD, II, Plaintiff SANDRA B. BYBEE, Defendant : NO. 01-4683 : IN CUSTODY CIVIL PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff, Lawrence M. Bard, II, by and through his attorney, Lindsay Dare Baird, Esquire, and respectfully avers the following: 1. Plaintiff resides at 319 Franklin Street, Carlisle, PA 17013 and is the natural father of Benjamen T. Bybee, born January 24, 2001, 2. Defendant, Sandra B. Bybee, resides at 305 W. Willow Street, Carlisle, PA 17013 and is the child's natural mother. 3. A Court Order was issued in this matter on October 24,2001 and one again on June 20,2003. Those Orders are attached and marked Exhibit "A". 4. The parties share legal custody and are unable to agree on where the child will attend school. Mother has enrolled the child in private school and Father has done so in public school. WHEREFORE, the Plaintiff, in seeking the best interest of the child, respectfully requests this Honorable Court grant his relief and order the child attend public school with free daycare or in the alternative, have Mother be responsible for paying tuition and daycare exclusively. Respectfully submitted, ~. << .. indsay are Baird, Esquire ID# 72083 37 South Hanover Street Carlisle, PA 17013 (717) 243-5732 I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 94904 relating to unsworn falsification to authorities. /~ If JAr Lawrence M. Bard, II, Plaintiff /' JUN .' 9 Z003 ~ v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE M. BARD, II, Plaintiff SANDRA B. BYBEE, Defendant NO. or - 4683 CIVIL IN CUSTODY COURT ORDER AND NOW, this c:JO day of June, 2003, upon consideration of the attached Custody Conciliation Report and after consultation with the conciliator on this case, it is ordered and directed as follo~: 1. 'The request of the Mother, Sandra B. Bybee, to hold a hearing on her Petition for Contempt is DENIED on the basis that the Petition for Contempt relates to Paragraph 10 of this court's prior order of October 24, 2001. 'The tenns of Paragraph 10 of said order are not such that this court wiD entertain contempt proceedings relating to that proVision. . 2. 'The order of October 24, 2001 shall remain in etTect subject to the following modifications: A. Paragraph 10 of the order is removed. B. 'The Mother, as primary custodian, shall enjoy the right to select the arrangements for the child's daycare during the week. C. Father shall have custody of the minor child during the day on Friday of every week. In the event Father is. not available OIl Friday because of work or otherwise and the child is not able to attend the nonnal daycare, it shall be Father's obligation to ammge for care of the minor child on Friday. (' BY TIlE COURT, . t:~ It-' cc: Lindsay D. Baird, Esquire John C. Porter, Esquire LAWRENCE M. BARD, II, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACfION - LAW SANDRA B. BYBEE, Defendant NO. 01 - 4683 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN. AC. CORDANCE :wI'IJ:I TI~ CUMBERLANJ) COUNTY. ..CIVIL. RULE OF PROCEDURE 1915.3-8(1)), the undersigned Custody Conciliator submits the .following report: 1. The pertinent infonnation pertaining to the child who is the subject of this Htigation is as follows: Benjamin T. Bybee, born January 24, 2001. 2. A Conciliation Conference was held on June 10, 2003, with the following individuals in attendance: The Father, Lawrence M. Bard, II, with his counsel, Lindsay D. Baird, Esquire; and the Mother, Sandra B. Bybee, with her counsel, John C. Porter, Esquire. 3. There are a number of issues between the parties. One issue was Mother's concerning over Paragraph 10 of the existing order which dealt with who would take care of the chDd when the chDd was sick. Another matter was the abiHty of the Father to mandate that the child is only in daycare three days a week rather than five. .1beconciliator spoke with the parties at .Iength and the conciliator also spoke with Judge Bayley. Based upon those discussions, the conciliator recommends the entry of an order in the fonn as attached. ~{? ~( (/ ;J DTE j-,\ -)...',,"' ,j' LA WRENCE M. BARD. II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LA v.. , SANDRA B. BYBEE, Defendant NO. 01 - 4683 CIVIL IN CUSTODY COURT ORDER (, i AND NOW, this 0<.1 day of October, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This court's prior order of September 11,2001 is vacated. 2. The Mother, Sandra D. Bybee. and the Father. Lawrence M. Bard, II, shall enjoy shared legal custody of Benjamen T. Bybee, born January 24, 2001. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as tollows: A. Every Friday and Saturday Irom Noon until 6:00 p.m. This shall extend through November 25,2001. B. Starting November 30,2001. Father's periods of temporary custody shall be alternating weekends from Friday at Noon through Saturday at 6:00 p.m. This alternating weekend schedule shall be on the weekend of November 30, 2001, December 14, 200 I, December 28, 2001 and January 11, 2002. Also, starting at this time, Father shall enjoy custody of the minor child on the Friday before Mother's weekend. the time being from when Mother goes to work on Friday morning until when Mother returns home from work on Friday in the late afternoon. The specifics with respect to exchange of custody shall be worked out between the parties. C. Starting January 25, 2002, Father's periods of physical custody shall be alternating weekends from Friday at Noon until Sunday at 6:00 p.m. 5. Father shall also enjoy periods of temporary physical custody with the minor child at such other times as agreed upon by the parties, and the parties may modi f)' the custody schedule set forth above as they agree. 6. The parties shall alternate custody on the following major holidays: Thanksgiving, Easter, Memorial Day, July 4th, and Labor Day. The schedule shall start with Father enjoying custody on Thanksgiving 2001 with the parties alternating holidays as set forth herein thereafter. 7. For the Christmas holiday, for Christmas 2001, Father shall enjoy custody of the minor child on Christmas Eve from 9:00 a,m. until 7:00 p.m. Mother shall have custody of the minor child from Christmas Eve at 7:00 p.m. through the entire Christmas Day. Future Christmas holidays shall be worked out between the parties pursuant to an alternating schedule. 8. Both parties shall enjoy at least two weeks of vacation with the minor child during the summer months, these weeks to be non-consecutive and each party advising the other parent in writing at least thirty (30) days in advance as to when they intend to exercise their vacation schedule. 9. Mother shall always have custody of the minor child for the entire day on Mother's Day and Father shall always have custody for the entire day on Father's Day, This provision shall supercede any other provision of this order. 10, The parties shall work with each other to allow for the Father to take care of the minor child when the minor child is sick so that Mother can go to work and allow Father to share the responsibilities with respect to those types of obligations. II. This is a shared custody order such that both parents enjoy the right to obtain all information concerning the health and welfare of the minor child. Specifically. this order authorizes all health tacilities and daycare facilities to treat each parent the same with respect to sharing information. This will include the Father's ability to visit the minor child at a daycare center when the child is in daycare but technically in the custody of MQther. such visits to not dismpt any daycare procedures. 12. Neither party shall consume alcohol while they have custody of the minor child. Additionally, communications between the parties shall be limited solely to matters relating to custody of the minor child. 13. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to modity this order, that party may petition the court to have this case again scheduled with the custody conciliator for a conference. cc: Robert G. Frey, Esquire Kirstin M. Sweigard, Esquire BY THE COURT, Ii ,cr / Edgar ./ 0/ TRU~C:,):;"~( fROM REef'''''"' In T est ;;n~ ii" ',cof, I :1ere unto ::i . ~d andAe S0<:11 GZ: said ourt at Carlisle, ;:"" ni/~<J)~ d {I~'o..~t.u, '. r-: +- ~~.. .u~~u.~ ,~ ~ ........ ~ ~ ~ ~ ~ . ~ ~ JJ~:. ~ f~ii . ~ ~ ~ ~ LAWRENCE M. BARD, II, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA B. BYBEE, DEFENDANT 01-4683 CIVIL TERM ORDER OF COURT AND NOW, this (. day of August, 2006, a hearing shall be conducted, on a petition of Lawrence M. Bard, II, for special relief, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 1 :30 p.m., Wednesday, August 23,2006.1 ~ :sal I The hearing will be limited to where the child attends school since the parents, who under a current custody order have joint legal custody, cannot agree on that issue. If the decision of this court is that the child attend private school, we will not resolve any issue regarding payment as the mother would have to seek contribution in support court. ~ '" ~ In ,.,. 5 UJ~ J:;:1; C) 00 :lC O~ t1".;-"l- ..0: ~g .:1::; '" .'->- IX I ,:r(f) Q.. ,.)2 u:~ t.!) .LZ :::> UJ?e cC cO ~ oJ<> 2 = J = (.) ...... LAWRENCE M. BARD, II, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA B. BYBEE, DEFENDANT 01-4683 CIVIL TERM ORDER OF COURT AND NOW, this -z..,,\ day of August, 2006, following a hearing, IT IS ORDERED that Benjamin Bybee, born January 24, 2001, who is in the primary physical custody of his mother, may attend private school if that is the mother's ch By the Court, /' ..;/ / ~say Dare Baird, Esquire For Lawrence M. Bard, II ~drew Shaw, Esquire \ For Sandra B. Bybee " ~ :sal / ~~ ~~ \:) I We find, however, that it has not been demonstrated that Benjamin will benefit more from a private school education than a public school education, and that a private school education is not consistent with the standard of living and station of life of his parents. Although the mother may have him attend a private school there is no demonstrated need for such an education. See Fritchman-Pickford v. Pickford, 60 Support 1998, opinion filed July 3,2006, on cross-exceptions to Support Master's Report. 'tINV!Il.ASNN3d "N'n'V, '."' "-'.'~.8'^'n" I\J. I 1\)" ';'I'<lr}~l:i'"f't! V ~ I"J: II \.IV +JZ ~nv 900Z Al:l\ilONOHlOUd 3H1 :10 30r::UO-C1311~ ./ , .-