The URL can be used to link to this page

Home My WebLink About98-06027 , '1. , ~ \, ~ " " '. ' . , .. ~\' " ~. ;.. " " ;::. ~ \t) - ~ .. '" --.. -- ." .. c::...., t, "" ..;;:., " \ c_~ C>. ~ AMY I . S'IOVER (;,\11. \1. STt '1.1. 1'1 AIS 111-1 1:\ 1111. (( II I( 1 (II' ('( l\l.\tr l\ I'II.,\S (ll' ('1 \I1l1.lU .\SI) ('( 11:\ I y, l'I'.\1\SYI \',\:'\1.-\ \' : I)H.C,f)27// (1\'11\' 'II( 1\ I A\\' 117.C,57H MAI(K A. III1WENS\II"111 1\ II'SI(IIlY IlEI'I'SIl..\S r ORIlEI( OF ('onn AND NOW, __"!'~sda)', ,hIIX.o.3.lDOJ . uJlon l'onslllt:ration ofthL' attached Complaint. it is hereby directed that parties and thl'ir n..'spcctivc cOlll1~I~1 appl.',II' 1H..'!{Jl"l' J}awn S. SlllH~~l~'. ~~S(I'. . the conciliator. at 39 \Vest Main Slrc~~_l\lc~~!~!,~~~~.I.!~r~.}~A I?055 tlll Tuc~d:t~.. t~lJ~I!~_~_!~~~_~_~~l~_____. at _!.Q~Q!~:\i\I for a Pn:-Ilcaring Custody Cot1fcn.:ncc. At such COl1fl'rl'l1cl.'. an cfj{JI"( will Ill' madc to resolve the isslIes in dispute: or if this cannot be accomplished. to dclint.: and narrow thl' iSSllf..'S 10 he tll'ard hy the COllrt, and to 1..'l1tt:r into a lemporary order. ^1I childn:n age live or older Illay also he presellt at the L:llllll.-fellL:L'. I-'ailufe 10 appear at thl.: nmll:rel1cc mav provide grounds for entry or a temporary or pcrmanellt ordL:r. The court hereby directs the parties tu furnish allY alHl all c.'xistillg Protection frolll Abuse onlc.'rs. Sllecial Relief orders, and ('ustod~' orders to the conciliator ~H hours prior to scheduled hearing. I'OR TilE COIIRT, Ily: ...j"i__~~.Di!.W.II..S,.Slllldi!')',.E5.q, C'ustody ('onL:iliator 'l1,c Courl ol"Common Pleas of Cumberland (\llIllty is required by law to comply wilh tbc Americans with Disabilitcs Acl of 1990, For inlormal;on aboul accessible 'llCilitics and reasonable aecommodalions available to disabled individuals baving busincss bclllre Ihe court. plcase contact our oflice. All arrangcments mllst be made at least 72 hours prior to any hearing or ousiness before the court. You must attend the scheduled conli:rel1cc or hearing, YOU SI !OULD TAKE TillS I'API'R TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT IIA VE AN AITORNEY OR CANNOT Al'FOIW ONL C jO TO OR TELEPIlONE TilE OFFICE SET FORTI I flELOW TO FIND OUT WilERI' YOII C'AN (jET IHjAI. IIELI'. Cumberland County Bar Association 32 SOlllh !lcdl()rd Slreet Carhslc. I'ennsylvallia 17013 Telephone (717) 24').31 C,C) " ~ , h , . , I I I \ ~ . f& ~ 1 i' AMY L STOVER, Plalnliff IN THE COURT OF COMMON PLEAS OF CUMBERLANO COUNTY. PENNSYLVANIA CIVIL A~~.IO~ ,: .~~W { '. i> J III k (U03 NO 97-657'8 CIVIL TERM IN CUSTODY v MARK A BIRGENSMITH, Defendant and GAIL M. STULL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MARK A BIRGENSMITH, Defendant NO 97-6578 IN CUSTODY CIVIL TERM ORDER OF COURT AND NOW, this _ day of JulEi. 2003, upon consideration of the attached petition, it is hereby directed that the parties and their respecliJ~ counsel appear before , the conciliator, at on the _day of ,2003, at m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All chifdren age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabifities Act of 1 990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the cou~, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH 8EDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 cc: Lindsay Dare Baird, Esq. Peter J. Russo, Esq. Carol J. Lindsay, Esq. Conciliator v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. .gj;65ff J '" CIVIL TERM IN CUSTODY AMY L. STOVER, Plaintiff MARK A. BIRGENSMITH. Defendant and v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GAIL M. STULL, Plaintiff MARK A. BIRGENSMITH, Defendant NO. 97-6578 IN CUSTODY CIVIL TERM PETITION FOR MODIFICATION OF CUSTODY NOW comes the petitioner, Amy L. Stover, by her attorney, Lindsay Dare Baird, Esquire, and presents the following petition for modification of custody and avers as follows: 1. Petitioner is Amy L. Stover, an adult individual residing at 507 Wilder Court, Fayetteville, Cumberland County, North Carolina 28314. 2. Respondent is Mark A. Birgensmith, an adult individual residing at416 Bloserville Road, Newville, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two minor children, Shaunae J. Birgensmith, age 13, born May 19, 1990, and Khloe M. Birgensmith, age 11, born February 19, 1992. 4. On August 23, 2000, this honorable Court entered a custody order regarding the children. A true and correct copy of the Order is incorporated herein and attached hereto as Exhibit "A". 5. Pursuant to the Order, the parties enjoy shared legal custody of the children, respondent has primary physical custody and petitioner has certain specified periods of partial physical custody. ~ '. ',' 6. Petitioner believes and therefore avers that circumstances since the entry of the aforesaid Order have changed requiring a review and revision of the current custody provisions for the parties' minor children. I,' I pc '. 7. The petitioner believes the respondent and his spouse are having a significant detrimental effect on the children. and is seeking primary physical custody of both minor children, Shaunae and Khloe. The petitioner. on behalf of the children, requests that they remain in the custody of the petitioner until a custody ruling is made. 8. The petitioner requests that the respondent be restricted from acquiring and administering medication to the children except in the case of minor ailments such as colds, headaches, or allergies, etc. where medication has been prescribed by an emergency room physician or provided by the petitioner. The petitioner knows that the respondent is currently administering mind and attitude altering medications to the children for conditions of which they have not been medically diagnosed. 9. Petitioner requests that she be notified by the respondent immediately when the children are taken to the emergency room or hospitalized while in his care. 10. Petitioner requests that neither the respondent, nor his spouse, prevent or discourage communication between petitioner and the children while the children are in his care. 11. Petitioner requests that the respondent have the children for summer visitation beginning the Monday following Father's Day, in June. The respondent will provide three days' notice of the specific time he will be arriving to pick up the children. The respondent will take the children to the home of Gail Stull, the maternal grandmother, on July 25, 2003, at noon, for her week of visitation with the children. 12. Petitioner requests, on behalf of the children, that the respondent have visitation with them on the 4th Friday, Saturday, and Sunday of each month except July. He will pick them up at 4:30 pm on Friday, and return them to the petitioner by 4:30 pm on Sunday. In July, the respondent will already have had the children for the majority of the month. In this case, he will waive the fourth weekend in this month. Modification of the weekend visitations can be requested by the respondent with at least seven days' notice to the petitioner. Petitioner will not unreasonably withhold her consent. 13. Petitioner requests that the holidays of Christmas and New Year will alternate every year. The respondent will have the children Christmas, 2003. The number of days that the children have off from school between the holidays will be split equally between respondent and petitioner. The petitioner is requested to give three days' notice regarding his pick up time to the petitioner. Drop off time is noon. 14. The petitioner requests, on behalf of the children, that they be permitted to bring the personal belongings of their choosing (with the exception of furniture) to her home. 15. The petitioner requests, on behalf of the children, that they be permitted to refuse visitation with the respondent if it is emotionally or physically too difficult for them. 113. The petitioner requests, on Shaunae's behalf. that she be able to return home during a visitation if she so requests. 17. The petitioner knows of no other party interested in this proceeding which has not been named in the petition and received notice thereof. July ~, 2003 'y i. ~ 1- ",1 (/;''/I'l ( I 11 t't ( ( Lindsay Dare Baird, Esquire / Attorney for Petitioner 37 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5732 Supreme Court 1.0. No. 72083 ( / /. / /,,-1.(( l .-1 WHEREFORE, petitioner respectfully requests that the Court grant her primary physical custody of the children and respondent periods of partial custody as suggested in the foregoing petition. 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 !j4904 relating to unsworn falsification to authorities. ( .Y' (/ (\/./'.- "/.( / (I-t i r ,,(/2 It .;:: t:" ,-'. /Lindsay Dare Sa' d, Esquire , For the Petitioner .,/ /I,lli;:' 1,11/1/1 AMY L STOVER, Plaintiff IN THE COURT OF COMMON Pl.EAS OF CUMBERl.AND COUNTY, PENNSYl.VANIA CIVIl. ACTION - l.AW v. MARK A. BIRGENSMITH, Defendant ,/:~ (. i .. J l No. 97 - 6G78 CIVIl. IN CUSTODY and GAIl. M. STUl.l., Plaintiff IN THE COURT OF COMMON Pl.EAS OF CUMBERl.AND COUNTY, PENNSYl.VANIA v. No. 97 - 6578 CIVIl. TERM SIVIl. ACTIOr,j - l.AW MARK A. BIRGENSMITH, Defendant IN CUSTODY COURT RDER AND NOW, this fl.... ~ rei day of {; ~ orders are vacated and a new custody agreem , 2000, all prior custody is set forth as follows: 1. Father, Mark A. Birgensmith and Mother, Amy l.. Stover, shall enjoy shared legal custody of their minor children, Shaunae J. Birgensmith, born May 19, 1990 and Khloe M. Birgensmith, born February 19,1992. 2. Father shall have physjcal custody of the children at all times not otherwise specified for Grandmother, Gail Stull, and Mother. 3. Mother's periods of physical custody are as follows: A. During the summer months from June 19, 2000, at 8:00 am until August 6, 2000, at 6:00 pm. B. During the summer vacation period, Mother shall give the children all prescription medications. C. Mother shall also exercise custody with the minor children for one weekend per month that Grandmother exercises custody. In the event that the mother is unable to be in the Carlisle area during that time and Mother advises father at least seven days in advance, the weekend custody time for Grandmother may be modified to accommodate Mother's schedule so that Mother and Grandmother shall enjoy EXI-UBrr HA" . . custody with the minor children at the same time. Father shall cooperate in this rescheduling subject to any prior significant commitment that Father has made in connection with the minor children. 4. The Grandmother shall have partial physical custody of the children in accordance with the following schedule: A. Beginning the second Friday of each month from Friday at 5:30 pm until Sunday at 5:30 pm. Should this weekend in June fall before Mother's summer custody commences, Grandmother's weekend will begin Friday at 6:00 pm and end Saturday at 3:00 pm. Grandmother waives this period during the month of August. D. On the fourth FriddY of eacl1 '-'-lontl1 from 4:30 pm until 8:00 pm. Grandmother waives this period during the months of June, July and August, unless the fourth weekend in August occurs after school commences. C. On the Friday after Thanksgiving day from 10:00 am until 8:00 pm. D. On the day before or the day after the children's birthdays for a reasonable period of time as arranged by agreement between the partjes. E. For one week each summer school break which shall be scheduled with Mother during Mother's summer custody. Except as stated in Paragraph A., supra, Grandmother's regular periods of partial custody shall recommence when the children return to school. 5. Both parents and Grandmother shall enjoy liberal phone and mailing contact with the children. The minimum amount of phone contact is one call per week. i I i i I 6. None of the parties shall malign any other party to the children. . , ~ .. ~ .: i 7. All school districts where the children attend are hereby authorized to release to the above mentioned Mother and Father all school records pertaining to the mentioned minor children. The schools are authorized to release the information to both parents without further order of court or without further written authorization from either parent. , .' 8. All medical facilities and physicians who are treating the minor children are hereby authorized to release medical records to both parents without further order of this court or without further written authorization from either parent. Furthermore, the custodial parent shall always notify the other parent as to \ , I:~'..... 'i, TIll' rl'laliou,hip of (It'lt'lulaul 10 Ih(' c:hildn'lI i, 11101' of falllt'r, " Iu- (1t,'ft'lulant ('lIrrt'IIII~' n',idt" wilh 111(' follo\\'in~ lu'r,on,: Nt'lIll: Ih'lillion,hip I(i.u Uirgt'n'lI1ilh \Vilt, ShmlllUt", Uirgt'II'Uli.h I>all~hh'r I(hlot, M, l\ir~t'n'lnilh J)aU}:hh'r J\1auht,\\, (:nx Sh'p.Snn I(ayld!:h Cux SI"p.D""!:hl"r ft, Plaintiff has nol parlidpall'd." a parly or witnl'ss, or in anolht'r l'apadty, in nthl'r liti~atiun l'ulu't'rning thl' l'uslody of tht, t'hildn'n in this or anotht'r (:nurt. Plaintiff has nu infonnalion of a ('II.'tndy pron'l'tling l'OUl"c.'rlling thl' dlildn'n pending in a l'ourt of this COnlnl011\\'l'ahh. Plaintiff is awan' that Gail Stull, matl'rnal grandlunthl'r has visitation rights with respect to the (:hildn'n. 7. The bl'st intl'rest and pl'rnUlIlcnt wl'lfan' of thl' dlildrt'n will Ill' sl'rved hy granting thl' rl'lil'f rl''1ucstl'd hl'causl': a) Plaintiff can prnvidl' the dlild with a homl' with adequate moral, el11otiol1al and physical surroundings as required to nleet thl' (:hildren's needs; b) Plaintiff is willing to al'Cl'pt shared l'ustndy of the children; c) Plaintiff wishes to l'xl'reisl' pan'ntal dutil'S and ('njoys thl' lovl' and affcl'tion of the children. R. Each parent whosc parental rights to the children have not been ternlinatcd and the person who has physkal custody of the ,:hildren have been named as parties to this action. All other persons, n~lIned below, who arc IUlown to have or dailn a right to custody or visit.ation of the childn'n will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Clailn NONE Whereforl', plaintiff requests the l'ourt to grant shared custody of the children. &~tv~ L~dsay Dare Baird. Esquire 37 South Hanover Carlisle. PA 17013 Attorney for Plaintiff --- .r :.V, d 12 -:r I.', I!' .,. " " (~ (J I) " ':J l{1 tD G r-- 0 , 11 " L.l .J 'L J ifJ G - custody with the minor children at the same time Father shall cooperate in this rescheduling subject to any prior significant commitment that Father has made In connection with the minor children. 4. The Grandmother shall have partial physical custody of the children in accordance with the following schedule A. Beginning the second Friday of each month from Friday at 5:30 pm until Sunday at 5:30 pm. Should this weekend in June fall before Mother's summer custody commences, Grandmother's weekend will begin Friday at 6:00 pm and end Saturday at 3:00 pm. Grandmother waives this period during the month of August. B. On the fourth Friday of each month from 4:30 pm until 8:00 pm. Grandmother waives this period during the months of June, July and August, unless the fourth weekend in August occurs after school commences. C. On the Friday after Thanksgiving day from 10:00 am until 8:00 pm. D. On the day before or the day after the children's birthdays for a reasonable period of time as arranged by agreement between the parties. E. For one week each summer school break which shall be scheduled with Mother during Mother's summer custody. Except as stated in Paragraph A., supra, Grandmother's regular periods of partial custody shall recommence when the children return to school. 5. Both parents and Grandmother shall enjoy liberal phone and mailing contact with the children. The minimum amount of phone contact is one call per week. 6. None of the parties shall malign any other party to the children. 7. All school districts where the children attend are hereby authorized to release to the above mentioned Mother and Father all school records pertaining to the mentioned minor children. The schools are authorized to release the information to both parents without further order of court or without further written authorization from either parent. 8. All medical facilities and physicians who are treating the minor children are hereby authorized to release medical records to both parents without further order of this court or without further written authorization from either parent. Furthermore, the custodial parent shall always notify the other parent as to " any anticipated medical expenses that will be Incurred for the children. 9 Father shall have custody of the children from the release of school for the Christmas holiday until noon on December 26. Mother shall have custody from 12:00 pm on December 26 until 12:00 pm on the day before the children are to return to school. BY THE COURT. / cc: Lindsay Dare Baird, Esq. Peter J. Russo, Esq. Carol J. Lindsay, Esq. . I , J. J. W"", 0'". J, . ~ (\ ~~ v;-OO U l' d- ,,) 0 ~~ I .k " ; " I'. II I : , !.... custody with the minor children at the sarne time Father shall cooperate in this rescheduling subject to any prior significant commitment that Father has made in connection with the minor children. 4. The Grandmother sh<:111 h<:1ve pmtial physical custody of the children in accordance with the following schedule: A Beginning the second Friday of each month from Friday at 5:30 pm until Sunday at 5:30 pm. Should this weekend in June fall before Mother's summer custody commences, Grandmother's weekend will begin Friday at 6:00 pm and end Saturday at 3:00 pm. Grandmother waives this period during the month of August. B. On the fourth Friday of each month from 4:30 pm until 8:00 pm. Grandmother waives this period during the months of June, July and August, unless the fourth weekend in August occurs after school commences. C. On the Friday after Thanksgiving day from 10:00 am until 8:00 pm. D. On the day before or the day after the children's birthdays for a reasonable period of time as arranged by agreement between the parties. E. For one week each summer school break which shall be scheduled with Mother during Mother's summer custody. Except as stated in Paragraph A, supra, Grandmother's regular periods of partial custody shall recommence when the children return to school. 5. Both parents and Grandmother shall enjoy liberal phone and mailing contact with the children. The minimum amount of phone contact is one call per week. 6. None of the parties shall malign any other party to the children. 7. All school districts where the children attend are hereby authorized to release to the above mentioned Mother and Father all school records pertaining to the mentioned minor children. The schools are authorized to release the information to both parents without further order of court or without further written authorization from either parent. 8. All medical facilities and physicians who are treating the minor children are hereby authorized to release medical records to both parents without further order of this court or without further written authorization from either parent. Furthermore, the custodial parent shall always notify the other parent as to 1; 'J , ~ ; ! I' I, , i i .~ any :Jntlcipaled medlca~ expWlse~; llial '1111111" Jllr:lll r"d for tllI~ clilldren 9. Father shallliave cllstody of tlie c1l1ldrun frorn tlie release of school for the Christmas holld<lY until noon on DecernlJl" 2G Motlier shall have custody from 12'00 prn on Dewrnlir'r 2G \Inftl11' 00 prll on the day before the children are 10 f(~I\lr nlo ~;cliool I.lY THE COURT, ( '/ .i; ;/( '\<// J. J.,Wesley Oler, Jr.' I cc: Linds<lY Dare Il,md. I sq Peter ,J I{u~;so, I ~;q Carol J lindsay, I ~;q i , I I . \ i : ,.i- , , . I , ~~"~ - i , ') .: :/:/1 A\IV I . S IOVl'lt I'lailllill 1:'\ IIIL ('ot RI OJ. ('0\1\10:\ I'LI'AS OJ. Cl'\lHLRI.ANIl ('OliN I Y.I'I::\:\SYLVA:-':I:\ \" ('IVII. A(, liON - LA \\' .' , \-lARK A. IlIR(iU";S\-lIl1l. Ilclcndanl i\O, ')T---6:,7~ CIVIl. 1:\ ('lOSIODV COURT ORJ)ER AND NOW. this __~1~ day of .__& ~ . 1999. upon considcralion of the attached Custody Concilialion Repon. it is ordered and directed as follows: I. This order is incorporated with the Custody Order pre\"iously entered in the case at Docket No. 97-6578 which in\"ol\"ed the maternal Grandmother obtaining custody rights for the mentioned minor children. Said Order at Docket No. 97-6578 which is dated Deccmber 29. 1997 shall remain in effect subjecllo any modifications as set !(lrth below. 1 The Father. Mark A Birgensmith. and the Mother. Amy L. Stover. shall enjoy sharcd legal custody of Shaunae 1. l3irgensmith. born May 19. 1990 and Khloe M. l3irgensmith. bom February 19. 1992. 3, Physical cuslody of the minor children shall be handled with the Father having physical custody except 1(" such times when the Mother has physical custody set lonh belolV or the maternal Grandmother has physical custody as set /tlrth in the above mentioned Order. Mother's periods of temporary physical custody shall be as follows: A During the summer months. for the month of July to include July 1. 1999 through .luly 31. 1999, Either pany may request a modification of this summer schedule for future summers. B, Mother shall also exercise custody with the minor children for the one weekend per month that maternal Grandmother exercises custody, In the evcnt Mother is unable to be in the Carlisle area during that timc and Mother advises fathcr atlcast 7 days in advance, Ihe one weekend per month custody time for Grandmother may be modified 10 accommodate Mother's scheduled so that Mother and Grandmothcr shall enjoy custody with the minor children at the same time. Fathcr shall cooperate in this rescheduling subject to any prior significant commitment that Father has made in connection with the minor children, 4. \Iothcr shall cnjoy rcgular phonc conlact lIilh thl' minor childll'n allhc tninimum or I limc pCI' IIcd;. Ihc partics shall sct alimc IIhcn 'Iothcr shall hc ahk to phonc thc childrcn and cnjoy tckphonl' contact. :;. :\11 scholll districts IIhcrc Ihc childrcn allcnd school arc hcrd,; authori,,'d 10 rl'kasc 10 Ihl' ab", c mcnlioncd 'lothcr and Falhcr all sch"ol rccords pcrtaining 10 thc I1h:lltioll~d minor children. The schools arc allthol'i/.cd to n.:h:asc lhis inlimualiol1 to holh parcnls \I ilhoul furlhcr ordcr of court or furthcr IIrillcn authorization from cithcr parcnt. 6. IIl1mcdicallllcilitics and physicians \lho arc trcating thc minor childrcn arc hcrcby auth(lrizcd 10 rckasc mcdical rccords 10 both parcnls lIilhout furthcr ordcr of this coun or lIithoUI funhcr IIrillcn authorization from cithcr parcnt. Furthcrmorc. Ihc cUSlmlial parcnt shall alllays notify thc othcr parcnt as to any unlicipatcd mcdical cxpcnscs that \lill bc incurrcd I()r tbc childrcn. 7. IItthc Conciliatinn Conlercncc. thc partics \lcrc unablc to rcsolvc a sct schcdulc 1(11' thc Christmas holiday. Furthcnnorc. thc Conciliator nntcd that thc matcrnal (irandmolhcr has varinus custody rights as sct fnrth in thc Ordcr at Dockct Nil.. 97- 657S and thcsc custody rights may bc cnectcd by any ordcr of court issucd in this mattcr. Counscl I(lr thc parlics arc dircclcd tn conlact thc matcmal Grandmothcr and hcr Icgal cnunsel 10 inquirc as to thcir positinn on any furthcr mndification 11.1' this ordcr and thcir positinn lIith rcspcct to the modifications that havc bccn sct I(,rth abovc. Counsel 1(11' thc panics shall thcn initiatc a telcphonc conlercncc call lIith thc Custody Cnnciliator in an cmm to \lork out arrangcmcnts f(,r Christmas visitatinn and any other unrcsolved issucs. BY THE COURT. cc: 1.indsay D. Baird. Esquirc ) Pcter Russn. Esquirc . ..uO-l"c..~' Carol Lindsay. Esquire .I. -'1/ If'! A\IY I. SI{)\'I f{. PI..illliIf I\: 1111 ('11I'f{1 III ('(I\I\I<I\:P/IAS()f- ('1 '\IIIII{I.\\:/l (,ol\: I Y.P/\:.\;SYI.V:\NJ..\ ('1\11 .\(' I/ll,\; . 1.\ \\ MAR" 1\. Illl{( il'S.\l1111. Ikli:lldalll '0. 'i? - (,)78 ('IVII. IN ('( iSIO/lY Prior .Iudg~: J. \\'~sl~.\ (lkr. .Ir. CO:\C1I.1.-\T10:\ ('O:\FElU:;o.;n: SIIi\Ii\1AIH' REPORT Ii'\ A('('ORIHNCI, WI/II TIIF C( :\IIlI:RI.AN/l ('OIlNTY ('IVII. I{(II.I' OF I'R()CEDIJRE 1915.3-X( b). lh~ und~rsign~d Cuslody Con~ilialor submits tb~ !l'"owing r~port: I. Th~ p~rlin~nt in/llnnalion p~rtailling 10 lh~ ~hildr~n who ar~ Ih~ su~j~cI of this litigation is as Illllows: Shaullac .I. Ilirg~nsmith. born \lay 19. 1990: Khlo~ M. Ilirgcllsmilh. horn Fchnmry 19. 1992. 2. A Conciliation Conli:r~uc~ Was h~ld on F~hruary 24. 1999. with th~ 1l11l0wing individuals in allenuanc~: Th~ Moth~r. Amy I.. Stover. wilh h~r couns~1. Lindsay D. Baird. Esquire: and the Father. Mark A. Birgensmith. with his counsel. P~tcr Russo. Esquire. 3. The parties agree to the entry of an order in the tC)m1 as attached. :<(Jrl ff DATE (JA. ~~";" Custody Conciliator A~IY I SI()\'I'I{.'\~I)(i:\1I ~1 SIIII, 1'1;lIl1lllr I~ 1111, (,(JI'RI 01, ('(),\I~Il)~ I'/.I;AS OF ('I :~lIl1:Rl,'''1l (,Ot'~ IY, I'L~~SY1\'A~I:\ \..... ')~,(,1J27 'J7'(J:i7~ I '1\'11 :\('II()~ I ..\ II' MARK A IlIRljl'NSMITIJ DcJclldalll 1;0.; CI)SlO/)Y ClIWER OF COURT AND NOW. lhis -2!:L/L day of ----~.t"'- , 2003. upon considcration of the attached Custody Conciliation Report, il is ordi:J:c'd and dircctcd as follows: I. The Mother, Amy L. Stover. and thc Fathcr, Mark A. Birgcnsmith. shall havc shared legal custody ofShaunac J. Birgensmith. born May I <J. 11)<)0 and Khloe M. Birgensmith, born February I <J, I <)1)2. Each parcnl shall have an equal right. to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all deeisions regarding their health. education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and infonnation pertaining to the Children including. but not limited to. school and medical records and information. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children during the fourth weekend of each month (except July) from Friday at4:30 pm through Sunday at 4:00 pm when the Children have school the following day. In the event the Children do not have school on Monday, the Father's period ofweekcnd custody shall end on Monday at 10:00 am. The Father may request modification of the weekend period of custody with at least seven days advance notice to the Mother and the Mother shall not unreasonably withhold her consent to the requesIed modi fication. 4. During the summcr school break in 2003 thc Father shall have eustodyofthe Children through August 24 at 12:00 noon when the Father shall transport the Children to the maternal grandmother's residence. 5. During the summer school breaks beginning in 2004, the Fathcr shall have custody of the Children fromthc Friday before Father's Day in June until the last week in July when the Father shall transport the Children to the maternal grandmother's residence for her week of custody with the Children. The Father shall provide at least three days advance notice to the Mother of the specific time for the cxchange of custody on the Friday before Fathcr's Day. I i i I i ~ ' i.. .. (,. Thc partics shall havc custody ofthc Childrcnovcr holidays in aCI"ordancc with thc following schcdulc: " : Ii. " [",' A. TIIANI5S(j.IVli'oJ.li: Inodd Illnnhercd ycars, Ihe ~ll1thcr shall havc custody of thc Childrcn on Thanksgiving Day through carly inthc morning onthc Iilllowing Friday and thc Fathcr shall ha\'e custody fromthc Friday morning ",lIowing Thanksgiving through thc rcmaindcr ofthc wcckcnd. In cvcnnumhcrcd ycars, thc Fathcr shall havc custody of the Childrcn fromthc Wcdncsday belorc Thanksgi\'ing through thc wcckcnd following Thanksgi\'ing, which shall bc incorporated inthc Fathcr's rcgular monthly weekcnd period of custody. 11 . I I: B. CHRISTMAS! NEW YEARS: In odd numhercd ycars. thc Father shall ha\'c cUSIody of the Childrcn for Christmas through onc-halfofthe Children's holiday school break and the Mother shall ha\'e custody oflhc Children for thc sccond half ofthcir school holiday break to include New Ycars. In e\'cnnumbcrcd years, the Mother shall have custody of the Childrcn for Christmas through the first halfoftheir school holiday break and the Father shall ha\'e custody for the second halfofthe school holiday brcak to include New Years. Thc Father shall providc threc days advance notice to the Mother of the time when he will pick up the Children at the beginning of his period of custody under this provision. The Falher's period of custody shall cnd at 12:00 noon, unless otherwise agrced between the parties. ,. <: " f" 7. Unless otherwise agrced between the parties, the party receiving custody shall bc responsible to providc transportation for the exchange of custody. 8. Thc parties agree that Khloe shall be maintaincd on her currently reduced dose of Ritalin for the first halfofthe 2003 - 2004 school year unless otherwise agreed betwcen the parties, The parties further agrec that Khloe shall bc evaluated by a mental health professional at the end oflhe first halfof the school ycar to obtain rccommendations concerning the Child's diagnosis and ongoing nced for medication, The Mother shall providc all information rcgarding the professional who will bc doing the evaluation to the Fathcr so that the Father can contact the professional and be present for the evaluation ifhe desires. Thc parties agree that thc Father may obtain a separate evaluation of Khloe in the cvent he is not satisfied with the assessment obtained by the Mother. } 1 \ I .. \ ~ . 9. The parties agree thatthcy will only administer medications to the Childrcn for minor ailments and those currently prescribcd by a physician. Thc partics agree that administration of new medication must have thc consent o I' both parties prior to the initial administration of the medication. The parties agrec to share all medical records concerning the Children including, but not limited to, records relating to the need for prescription medications. The parties acknowlcdge that the requirement for conscnt prior to the administration of new medications shall not apply in the evcnt of an emergency. The parties agree to notify cach otber as promptly as possible in tbe evcnt either or both of the Children require hospitalization or emergency room care. , ;.t t, " j I , ' ~ i , ' ~ I"'A' .- 10. Thc Fathcr shall coop~ratc in bringing most ofthc Childrcn's clothing and bclougings 10 thc Mothcr's homc. Thc partics agrc', Ihallhc I;alhcr shall not bc rcquircd to contributc to Ihc cosl of privatc schoolluition. II. In thc cvcutthc Mothcr's husband rcccivcs Military ordcrs to movc furthcr away Ihcnthc Mothcr's ~urrcnt rcsidcncc in North Carolina, thc partics agr~c to rcvicw thc custody arrangcmcllts sct forth in Ihis Ordcr. Thc partics also agrcc to rcvicw thc ~ustody arrangcmcnts, al a minimum, atthc commcnccmcnl of thc next summcr vacation and agrcc to implcment arrangements which scrve thc Children's bcst inter~sls at alltimcs. 12. fnthe evcnt primary custody of the Childrcn is transf~rred to the Father in the future, the parlies agree thatthc Mothcr shall bc ~utitl~d to thc samc partial custody arrangcmcnts provid~d for thc Fathcr in this Ordcr. 13. Ncithcr party shall do or say anything which may cstrangc thc Chi Idrcn from thc othcr parcnl, injure the opinion oflhc Children as to thc otllcr parcnl, or hamper the frce and natural dcvelopment ofthc Childrcn's lovc and respcct for the other parcnt. Both partics shall ensurc that third partics having contact with thc Childrcn comply with this provision. Ncithcr party shall prevcnt or discourage communication betwccn thc othcr parent and the Childrcn. 14. This Ordcr is entercd pursuant to an agreemcnt of the partics at a Custody Conciliation Confcrcnce. The parties may modify Ihc provisions of this Order by mutual consent. In the abscnce of mutual conscnt, thc tern,s of this Ordcr shall control. 15. The parties agrce that this Court shall continue to rctain jurisdiction ovcr this custody mattcrdcspite relocation of the Childrcn to the Mothcr's rcsidcncc in North Carolina. BY THE COURT, , , cc:~y Dare Baird, Esquire - Counsel for Mother '/pcter Russo - Counsel for Fathcr ,.i ~ ! " . -, fOrwr \ Y'\C>>--'L~ R~~ 09 - 03 - 03 i.\ i . " ~"\j " : ..~. I.. '?} II'.:.. .~ Ii.....,' '.. ,I l"~':'I.;"";,' ,__:'.'1'11~ ~q"~\..t<~^~....,:,..;< ;'\'>_"'~"~~~~i,~"J"<~:' ,<, :",~':. . ,>' ... ',.' '," - ~.~ .~~ .: , . AMY L. SIO\'I'R (;:\11 \1 S II 'II. I'lalllllll 1:'\1111: (,()\;RI 01. CO\l\\O:'\ I'U'AS OF CI '\lIll:RIA:'\1l COl!:'\ IY.I'I,:,\:,\SYlVA:O;IA "S. 'JX.(,1I27 'n .(,5 7X CIVIl. AC 110:0; I.A \\' IIMRK 1\. IJIIUil'NSMITII Ikll:lldallt 1:'\ (,l iSIOIlY Prior .Judgc:.I. Wcsley Okr..Ir. CUSTODY CONCILIATION SUi\Ii\IARY REPOIH IN ACCOIUlANCE WITH CUl\mEIU.ANn COUNTY RULE OF CIVIL PROCEDURE 1915.3-8.thc undcrsigncd Custody Conciliator submits thc following rcport: I. Thc pcrtinent information concerning the Children who arc thc subjccts of tbis litigation is as follows: NAME DATE OF HIRTH CURRENTLY IN CUSTODY OF Shaunac .I. Birgenslllith Khloc M. Birgensmith May 19, 1990 Fcbruary 19, 1992 Falher Father 2. A Concilialion Confcrcncc was hcld on August 19, 2003 with thc following individuals in attendance: Thc Mothcr, Amy L. Slovcr, with hcr counsel, Lindsay Darc Baird, Esquire, and the Father. Mark Birgcnsmith, with his counsel, Petcr Russo, Esquirc. 3. Thc parties agrccd to entry of an Ordcr in thc fornl as attachcd. Date f.+v~4 .:JS;. ;JC03 _~9~ Dawn S. Sunday, Esquirc Cuslody Conciliator ", ., J' , .;f" .,'f, , , ,'\ ,/" ". ',' 'J!,', ~'f\rf'~;'~'i" '.'., " WtI;i,i~~> \CO':Jr~r~~i ':~;r!~;:\(ii:::'~': ~, .,~"%,,f-' i",' .>~. (~1, ~~1ft, i};~~,~';,~\',~ ~ ", . ^ ~ .m t~t}...'1.\:> .:"r\'..:.-, ' j I' "';j~,~;""(j';";,,, " ~ ~ :' ~.,ltJ;:$l~~;' ,~~. " j; , ..;, .~.ii"'!"(;"" J' Ill;' ~~f.~~',~ / .~,~.,:~ ~~~ )~N~:~j,: t' "r ; ~ t~}k~,i:!, ';', ~ rrlif !.~t, ,~"tj~, ',' '~"'t: ;.~_'V ~~, ~ \ ... i '~ ^J'..,'" .,' ,,,," ~J;;j I%"~"f'i' t} ~ ,-" ,_. ~N~~~R1\":"4,t'J" : '~.\ ~ ,~; ,. ",' _ .l " 1 ~~. :~ ~ i I' " ...: l