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VALERIE S. RADABAUGH,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 97. CIVIL TERM
vs.
MICHAEL S. BOYER,
Defendant/Respondent
IN CUSTODY
eETlTION FOR SPECIAL RELIEF
Now comes VALERIE S, RADABAUGH, by and through her counsel, FLOWER,
MORGENTHAL, FLOWER & LINDSAY, P.C., and files a Petition for Modification as follows:
1. Petitioner is Valerie S. Radabaugh, formerly Valerie S. Boyer, who resides at 23
Altoona Avenue, Enola, Cumberland County, Pennsylvania.
2. Respondent is Michael S, Boyer, who resides at R. D. #1, Box 223, Lot 24A,
Paradise Park, New Bloomfield, Perry County, Pennsylvania.
3. The parties are parents of two children: Tamsen Boyer, born May 11, 1992; and
Hayley Boyer, born February 13, 1995.
4. On February 26, 1996, on the consent and stipulation of the parties, the Court of the
41st Judicial District of Pennsylvania, Perry County Branch, issued a Custody Consent Stipulation
Agreement, a copy of which is attached hereto as Exhibit "A".
S. Petitioner has filed a Petition for Modification of the Custody Order in the Court of
Common Pleas of Cumberland County, Pennsylvania. A copy of that Petition is attached hereto
as Exhibit "B". This Honorable Court has jurisdiction of the matter because at least since February
20, 1996, the children have resided with Petitioner in Cumberland County.
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6. According to the terms of the February 26, 1996 Order, Respondent enjoys partial
custody of the children, Inter alia, on alternating weekends from Friday evening until Sunday
evening at 7:30 p.m,
7, Respondent exercised his rights of partial custody over the weekend commencing
January 23, 199B, His next period of weekend custody commences this coming Friday, February
6, 199B.
8, On Saturday, January 24, 1998, Respondent took the two children, aged five years
and two years old, to an adult party at the former IGA Plaza, now a gym, in Shermansdale,
Pennsylvania, where the children were the only children present, where Respondent drank to
excess, and where Respondent drove after drinking, leaving the party at 1 :00 a.m. with the
children,
9.
Petitioner believes and therefore avers that Respondent's behavior on January 24,
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,
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199B was Irresponsible and contrary to the best interest of the children.
10. Respondent acknowledges to witnesses that he left the party with the children at 1 :00
a.m, and that he drove after drinking, but he does not acknowledge that his behavior was
irresponsible In any manner.
11. Petitioner believes and therefore avers that Respondent may continue to take the
,
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children to Inappropriate adult parties, keeping them out well past their bed time and engaging In
activities, such as drinking and driving, which are contrary to their health and welfare,
12. In the past, Respondent has been represented by R. Scott Cramer, Mr. Cramer has
received a copy of this Petition, and notice of the filing of this Petition for Special Relief and does
not concur in entry of the Order.
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WHEREFORE, pending further Order of Court entered after conciliation, Petitioner prays
this Honorable Court to enter a Temporary Order In the form attached to this Petition, prohibiting
the excessive consumption of alcohol in the presence of the children, and prohibiting the children's
attendance at adult parties to very late hours.
, .
,
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff/Petitioner
By:
,
Date:
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Carol J, ndsay, Esquire
ID # 446 3
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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YERIFICATIO~
I herehy verify that the statements made in the within instrument are true and correct
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to the hest of my knowledge, information and helief. I understand that false statements herein are
Date:
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made suhject to the penalties of II! Pa.C.S, Section 4904, relating to unsworn falsification to
authorities,
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VALERIE S. BOYER,
Plaintiff
IN TilE COURT OF CONNON PLEAS OF
THE 41ST JUDICIAL DISTRICT OF
PENNSYLVANIA-PERRY COUNTY BRANCH
NO. 96-100
vs.
NIC!lAEL S. BOYER,
Defendant
CIVIL AcrION - LAW
IN CUSTODY
CUSTODY ~SENl' STIPULATIOO AGREE70IENr
This Agt"eement, made this dJ Lt1'-- day of ;t.b r....c'-':::/i '
1996, by and between Valede S. Boyet" , het"einaftet" t"efet"t"ed to as Nothet"",
and Michael S. Boyer, het"oinaftet" t"efert"ed to as "Father".
WIT N E SSE T H
WHEREAS, Mothet" and Father at"e the natut"al pat"ents of Tamsen
Boyet", bot"n May 11, 1992, and Hayley Boyet", bot"n Febt"uary 13, 1995: and
WHEREAS, Mothet" and Father mutually desit"e to entet" into a
voluntat"y agt"eement pet"taining to the custody of theit" Childt"en:
NCM THEREFOR, Mother and Fathet" each intending to be legally
bound het"eby, stipulate and agt"ee as follows:
1. Legal Custody of the minot" Children shall be shat"ed by Mother
and Father.
2. The ~lother shall have pdmary physical custody of the
Childt"en.
3. 'rhe Father shall havo pat"tia1 physical custody of the
Childt"en on altemating weekends ft"om Fdday evening at a time to be
mutually agreed upon by the pat"ties until the following Sunday evening at
7:30 p.m.
In addition, on the weekends when the Father does not have
ovet"night custody, the Father shall have custody of the Childt"en on
Satut"day or Sunday from 10:00 a.m. until 2:00 p.m. ot" 1:00 p.m. until 5:00
p.m. The Fathet" shall also have custody of the Childt"en evet"y Wednesday
evening from 5:00 p.m. until 7:30 p.m.
4. The parties shall share custody of the Children on holidays
as follows:
A. Christmas Eve - The Father shall have custody of the
Children every Christmas Eve from 5:00 p.m. until 9:00 p.m.
The Mother shall have custody of the Children overnight on
Christmas Eve every year.
B. Christmas Day - In every year, the Mother shall have
custody of the Children until 2:00 p.m. and the Father shall
have custody from 2:00 p.m. until 9:00 p.m.
C. New Years Eve - In even numbered years, the Father shall
have overnight custody of the Children until New Years
morning at 9:00 a.m. In odd numbered years, the Mother shall
have overnight custody of the Children.
D. New Years Day - In every year, the Mother shall have
custody of the Children until 2:00 p.m. and the Father shall
have custody of the Children from 2:00 p.m. until 7:00 p.m.
E. Easter Sunday - In every year, the Mother shall have
custody of the Children until 2:00 p.m. and the'Father shall
have custody of the Children from 2:00 p.m. until 7:00 p.m.
F. Memorial Day/July 4th/Labor Day - In even numbered years,
the Mother shall have custody of the Children on Memorial Day
and Labor Day and the Father shall have custody of the
Children on July 4th. In odd numbered years, the Father
shall have custody of the Children on Memorial Day and Labor
Day and the Mother shall have custody on July 4th.
G. Thanksgiving - In every year, the Mother shall have
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vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97 - CIVIL TERM
VALERIE S. RADABAUGH,
Plaintiff/Petitioner
MICHAEL S. BOYER,
Defendant/Respondent
IN CUSTODY
ORDER OF COURT
AND now, this day of . 1998, upon consideration of the
attached Petition for Modification of a Partial Custody Order, it is hereby directed that the parties and
their respective counsel appear before , the conciliator,
at , on the da y of ,
1998, 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. Failure to appear at
the conference may provide grounds for entry of a temporary or permanent order,
For the Court,
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County, Pennsylvania, 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.
Date:
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b) During periods of partial custody, it would be in the children's
best interest not to attend adult parties with Respondent.
c) The children's best interest would be served by spending
Christmas Eve with Respondent from noon until 9:00 p,m, and
Christmas Day with Petitioner from 9:00 p.m. on Christmas Eve
until 9:00 p.m. on Christmas Day,
d) It would be in the children's best Interest, in the event that
Respondent is required by his employer to work on weekends
when he has partial custody of the children, to permit Petitioner
to care for the children while he is working.
6. Since this Honorable Court has Jurisdiction in this case because since February 20,
1996, the children have resided with Petitioner in Cumberland County.
WHEREFORE, Petitioner prays this Honorable Court to modify the present Custody Order.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff/Petitioner
By:
Date: fib.?: /qrr
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. rndsay, Esquire
ID # 693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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VALERIE S, RADABAUGH,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTIO~ - LAW
NO, 98 - 7/4- CIVIL TERM
IN CUSTODY
vs,
MICHAEL S. BOYER,
Defendant/Respondent
ORDER OF COURT
AND now, this \ri.. day of Fl::"hr\ K\f'l ,1998, upon consideration of the
attached Petition for Modification of a Partial Custody Order, it is hereby directed that the parties and
thei{.A~S&~~~i~ c~~~,'~,~R~e~r~~).!fre \-1,\ )\)('rh-\)( ~~ i \ rn,/, Ed "C\.f'Aff ,th\e conciliator.
at r. ,'nh-,- \"....:1. r~ ',(t ,--H...tl-J '> t:~ , on t e .-J. ay 0 't\, ,
1998, at iCJ' "C~ o'clock ~. m. for a pre-hearing custody conference, At ch 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, Failure to appear at
the conference may provide grounds for entry of a temporary or permanent order.
For the Court,
By: 'ic(j_JlJe\'~ 'y_~.J)JJ~, - .
Custody Conciliato /"1"\.
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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, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County, Pennsylvania, 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.
By the Court,
Date:
J.
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b) During periods of partial custody, it would be in the children's
best Interest not to attend adult parties with Respondent.
c) The children's best interest would be served by spending
Christmas Eve with Respondent from noon until 9:00 p.m, and
Christmas Day with Petitioner from 9:00 p.m. on Christmas Eve
until 9:00 p,m. on Christmas Day.
d) It would be in the children's best interest, in the event that
Respondent is required by his employer to work on weekends
when he has partial custody of the children, to permit Petitioner
to care for the children while he is working.
6. Since this Honorable Court has jurisdiction in this case because since February 20,
1996, the children have resided with Petitioner in Cumberland County.
WHEREFORE, Petitioner prays this Honorable Court to modify the present Custody Order.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff/Petitioner
By:
Date: Ii b .~ IffV'
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. Indsay, Esquire
ID # 693
11 East High Street
Carlisle, PA 17013
17171 243-5513
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evening from 5:00 p.m. untL. 7:30 p.m.
4. The parties shall share custody of the Children on holidays
as follows:
A. Christmas Eve - The Father shall have custody of the
Children every Christmas Eve from 5:00 p.m. until 9:00 p.m.
The Mother shall have custody of the Children overnight on
Christmas Eve every year.
B. Christmas Day - In every year, the Mother shall have
custody of the Children until 2:00 p.m. and the Father shall
have custody from 2:00 p.m. until 9:00 p.m.
C. New Years Eve - In even numbered years, the Father shall
have overnight custody of the Children until New Years
morning at 9:00 a.m. In odd numbered years, the Mother shall
have overnight custody of the Children.
D. New Years Day - In every year, the Mother shall have
custody of the Children until 2:00 p.m. and the Father shall
have custody of the Children from 2:00 p.m. until 7:00 p.m.
E. Easter Sunday - In every year, the Mother shall have
custody of the Children until 2:00 p.m. and the Father shall
have custody of the Children from 2:00 p.m. until 7:0p p.m.
F. Memorial Day/July 4th/Labor Day - In even numbered years,
the Mother shall have custody of the Children on Memorial Day
and Labor Day and the Father shall have custody of the
Children on July 4th. In odd numbered years, the Father
shall have custody of the Children on Memorial Day and Labor
Day and the Mother shall have custody on July 4th.
G. Thanksgiving - In every year, the Mother shall have
custody of the Children on Thanksgiving Day until 2:00 p.m.
and the Father shall have custody of the Children from 2:00
p.m. until 7:00 p.m.
H. Mother's Day/Father's Day - The Mother shall have custody
of the Children in every year on Mother's Day and the Father
shall have custody of the Children in every year on Father's
Day.
5. If a conflict arises between the regular and holiday custody
schedules, the holiday schedule shall supersede the regular schedule.
6. The parties agree to irrmediately inform each other of any
medical emergency or medical treatment that either Child receives while she
is in that parent's care.
7. The parties may mutually agree to alter the terms of this
Agreement at any time.
IN WITNFSS WHEREOF, the parties hereto have voluntarily executed
this Agreement on the date indicated below.
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Valerie S. Boyer, Mother- .
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Date
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Michael S. Boyer, Fa er
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Date
quire
VALERIE S, RADABAUGH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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CIVIL ACTION. LAW _, ;:~ '..,
NO, 98-714 CIVIL TERM:'
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Plaintiff
vs,
MICHAEL S. BOYER,
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IN CUSTODY
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CERTIFICATE OF SERVICE :;1_,
AND now, this ;:.5 day of r~? b'l,e t(;14') , 1998, I, CAROL J.
LINDSAY, Esquire, of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY, P.C.,
Attorneys, hereby certify that I served the Defendant, Michael S. Boyer, on February 7, 1998, with
the Petition for Modification of a Partial Custody Order by Certified Mail, Return Receipt
Requested, Restricted Delivery, Addressee Only, addressed to:
Mr. Michael S. Boyer
R. D. #1, Box 223
Lot 24A Paradise Park
New Bloomfield, PA 17068
and proof thereof, the signed Return Receipt Card, is attached hereto.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
arol J. Lindsay, Esquire
ID # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VALERIE S. RADABAUGH,
V5.
CIVIL ACTION - LAW
NO, 98-714 CIVIL TERM
MICHAEL S. BOYER,
Defendant
IN CUSTODY
PROOF OF SERVICE
i aCompletllt;ma1 endIor 2 for addltlonalHMceI.
'I _Complel,lteml 3, .a. and 4b.
I .Print your name and add,... on the revertl 01 this form 10 thai we can filum thl,
card 10 you.
-Attach thIt form to the front 01 the mallp1ece, or on the back lI.plce doe, not
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. -Wrlts'Rerum Receipt Rsq/J8lted' on the maUplece below the arUcle number.
'Ii -The Relum Receipt w1l1lhow to whom the article was delivered and the date
S delivered.
I
Hr. l1ichael S. Boyer
R. D. #1, Box 223
Lot 24A Paradise Park
New Bloomfield, PA 17068
I .Iso wish 10 ,acelve th.
following s.rvle.. (fo, an
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ftlfli'.fsir1'ct.Il~MI~.ry j
Consull postm.sl., fo, f.., f
4.. Artlel. Numb.,
P 198 568 311 ~
4b. S.rvle. Type i
o R.glsl.red :6: C.rtlftad
o Exp,.ss M.II 0 Insured f
o Rslum Rscelpllor Merchandise 0 COO 10
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3, ArtIcle Addressad to:
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JUN 111 1998 tIJ
VALERIE S. RADABAUGH,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
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V
:CIVIL ACTION - LAW
.
.
MICHAEL S. BOYER,
Defendant
:NO: 98-714 CIVIL TERM
: IN CUSTODY
COURT ORDER
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AND NOW, this ~ day of '-1, 1998, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court issued by Perry County at 96-100
dated February 26, 1996, is incorporated herein and ratified
subject to the modifications as set forth below.
A. Paragraph 3 of the prior Order is modified such that
Father has temporary custody on alternating weekends
Friday at 4:00 p.m. until Sunday at 7:00 p.m. It is
understood that Father's periods of custody on the
weekends when he does not have primary custody are
eliminated and that Father's periods of custody on
Wednesday evenings are also eliminated.
B. Paragraphs 4A and B of the prior Order are amended such
that Father shall have custody on Christmas from
Christmas Eve when the Father gets out of work until
10:00 p.m., and Father shall again have custody on
Christmas Day from 6:00 p.m. until December 26 at 6:00
p.m. Mother shall have custody from 10:00 p.m. on
Christmas Eve until 6:00 p.m. on Christmas Day.
C. Transportation shall be handled with the Father being
responsible for transportation and with the understanding
that Father's parents shall conduct the transportation
for exchange of custody if they are so inclined. On
those times when the Father's parents are not available
or otherwise unwilling to transport the children, the
Father shall advise the Mother in advance that the
paternal grandparents are not available to handle
transportation and Mother shall then be responsible for
handling delivery and pickup of the minor children with
the Mother having the option of making arrangements for
a third party adult to do the transportation on her
behalf.
D. Neither party shall drink alcohol to excess when the
children are in their custody.
E. Neither parent shall have the children attend adult
parties with them which cause the children to be out past
9:00 p.m.
F. Neither' party shall drive with the children in their
vehicles within,four hours after that party has consumed
alcohol.
G. The children shall have telephone access with their
Father to include every Wednesday at 7:00 p.m. when the
children shall initiate a call to their Father and to
include the Saturday when the Father does not have
custody at 7:000 p.m. There shall also be telephone
contact to the Father at 7:00 p.m. on each of the
children's birthdays.
H. All communications between the parties shall be written
or through verbal communications using the paternal
grandparents as the conduit.
I. In the event Father is working on the weekend when he is
exercising custody with the children, and Father's
parents are not available to care for the children,
Mother shall have the first option of taking care of the
children during that time with the understanding that it
would only be for the time the Father is actually at
work.
J. Neither party shall disparage the other parent to the
children or in any way alienate the chil'Yen' s affections
for the other parent. /;
, I
BY THE CQU T,
/ .
J.
co:
Carol J. Lindsay, Esquire
Charles Rector, Esquire -
Edgar B.. Bayl y
~""' ry>u...kJ., ~/<l/98,
.><!.p.
VALERIE S. RADABAUGH, :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V :CIVIL ACTION - LAW
.
.
MICHAEL S. BOYER, :NO: 98-714 CIVIL TERM
Defendant :IN CUSTODY
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 children who are
the subject of this litigation is as follows:
Tams en N. Boyer, born May 11, 1992, and Hayley D. Boyer, born
February 13, 1995.
2. A Conciliation Conference was held on April 2, 1998, and May
22, 1998, with the following individuals in attendance:
The Mother, Valereie S. Radabaugh, with her counsel, Carol J.
Lindsay, Esquire; and the Father, Michael S. Boyer, with his
counsel, Charles Rector, Esquire.
3. The parties agreed on the entry of an Order in the form as
attached.
~/J(,I yJ
DATE I