The URL can be used to link to this page

Home My WebLink About98-06343 I I , , oJ ~ \l ~ ... \l ~ l::Q '" '> '1 j '" 1 \J\ :s- f. "ii}, " .~,<\ , , t: , ! , I J J "') "j- . "0, ....5. . 14:",,\-'\ L t\y ( . , Plairuiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA v. . .Jof)C \- L V,I\:" \ I ,r- ( Defendant : CIVIL ACTION LA W : NO. b .)~) CIVIL 19 '8 : CUSTODY VISITATION ORDER OF COURT And now, this \, i 10 I 'f'< , upon consideration of the attached complaint, it is hereby directed that the above parties and t~ir respective counsel appear before l~ oS ''-'''-X\;;_' Esquire, the conciliator, at ,)9 \,.j ~-.:.~\-- I \~rchrr\I(""'o-..ra ' Pennsylvania,onthe ID day of i'Jc"\.rmhc-r ,I998,at g- D .M P.M., for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may be present at the conference. Failure to appear-at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: cLn\\\f\ J\. sl\1\1'i\e\n~( Custody Conciliator ( ~ 1 YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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. THE CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY A VENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 IN TilE COURT Of' COMMON PI.EAS. CIJMBf:RLAND COUNTY OF PENNSYI. VANIA Kf:VIN I.. MYERS, Civil Action at I.aw--Cuslody Casc No, 'J 1'. '.3'1:J (It;,,, ( 0. Plaintiff, \'5, JANET L. BREINER, Defendant, ORDER OF COURT You, Janet L. Breiner, the defendant, have been sued in court to (OBTAIN) custody, of the children: Maria Breiner Myers and Mason Breiner Myers. You arc ordered to appear in person at at . _m., for: on a eonei liation or mediation conference. a pretrial conference a hearing before the court If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 COURT ADMINISTRATOR 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 " ~ HAZLE77.. OESTERLING ATTORNEYS AT LAW n South Markct Strcct Mn:hanlcshurg, i>cnns)'Mml" J 70JJ (7 J 7) 790.04~ ,..".. (7 (7J 790.~179 04 N~V 1 0 19~~ IN Tim COURT OF COMMU:'oI PLEAS OF CUI\IBERLANI> COUNTY, C0I\11\10NW.:ALTII OF PENNSYLVANIA KEVIN MYERS, Civil Acllon-Custod)' Docket No. Plaintiff, vs. JANET L. BREINER, Defendant, ORDER AND NOW this day of , 19_, aller hearing, it is hereby ORDERED and DECREED that custody of Maria Breiner Myers and Mason Breiner Myers is awarded to It is further ordered that , shall have custody of the child subject to this action. as follows Date: BY THE COURT: J. .~. IN 'I'm: COURT 01<' COMMON PU:AS CUMBERLAND COUNTY COMMONWEALTH OJ: PENNSYI. VANIA KEVIN I.. MYERS, Civil Action At Law Plaintiff. Case No. <Jr. (, .J'l3 Cll', 1l,~ JANET I.. BRINER, Defendant. COMPLAINT FOR CUSTODY I. The plaintiff is Kevin L. Myers, an adult individual sui juris, who currently resides at 938 Pisgah state Road, in the town of Shennansdale 17090 County of Perry Commonwealth of Pennsylvania. 2. The defendant is Janet L. Breiner, an adult individual sui juris who currently resides at 967 Lot 9 Trindle Road, 17055 in the town of Mechanicsburg, County of Cumberland Commonwealth of Pennsylvania. 3. Plaintiff seeks custody of the following children. Name Address Al!e Maria Breiner Myers Mason Breiner Myers 967 Trindle Rd. Mech. Pa. 17055 967 Trindle Rd. Mech. Pa. 17055 3 years 14 months 4. The children were born outside of the bonds of matrimony. 5. The children arc presently in the custody of Janet L. Breiner, who resides at 967 Trindle Road, Lot 9 Mechanicsburg, Pa. 17055 in the County of Cumberland. 6. During the past 3 years the children have resided with Janet L. Breiner at the following address: 967 Trindle Road, Lot 9 Mechaniesburg, Pa. 17055 in the County of Cumberland. " 7. The biological mother oflhe child is Janel L. Breiner who currently resides at 967 Trindle Road Mechanicsburg, PA. 17055 in County of Cumberland 8. The mother is separated from the falher, ,lJ1d Ims been since the births of Ihe children and is currently unmarried. 9. The falher of the children is Kevin L. Myers who is currently residing al 938 Pisgah Slate Road, in the town of Shennansdale 17090 County of Perry, Commonwealth of Pennsylvania. 10. The father has been separated from the mother for approximately 2 years and he currently remains unmarried to the mother. 11. The relationship of the plaintiff to the children is that of biological father. 12. The Plaintiff currently resides with the following persons: Name Lisa L. Wilson Relationship Girlfriend 13. The plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court within or outside the boundaries of Pennsylvania. 14. The plaintiffhas no other information ofa custody proceeding concerning the child Pending in a Court of this Commonwealth. 15. Plaintiff does not know ofa person not a party to the proceedings who has physical Custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interest of the child and pennanent welfare of the child will be served by Granting the relief requested because: '"W> (a) The plaintiff mother, although she has been the primary caretaker of the children she has exemplified an unwillingness and open defiance towards the plaintiff father in her efforts to exclude the father from being with his children for several months despite his repeated and diligent efforts to foster and maintain an ongoing relationship with his children. (b) The defendant to this action has been unyielding and openly hostile towards the plaintiff father in that she has insisted and demanded that his interactions with his children be limited to supervised visitation when she deems it to be convenient, and appropriate. Moreover, plaintiff has shown bad faith when father's request to see his children is granted, in that upon father's arrival to defendant's home she becomes confrontational, hostile, and combative towards father in response to his request to engage in recreational endeavors on an unsupervised level. (c) The children have been deprived of an opportunity to interact with their father due to the mother's unreasonable deliberate refusals to allow the plaintiff father to interact with his children on an unsupervised level beyond the boundaries of defendant's home. Notwithstanding such opposition plaintiff has consistently visited his children at defendant mother's residence although he is prohibited from, and deprived of, having private moments with his children despite his keen interest, and genuine desire to develop a steady, consistent, and long lasting relationship with his children. (d) Plaintiff intends to cultivate and maintain an active paternal role in his children's lives by providing his love, affection, attention and insight to the children during their fonnative years and throughout their lives. ij f! i..f. I',' , ":' (e) Plaintiff, believes and therefore avers that he can and will strive if presented with the opportunity, to be a stabilizing force in the children's lives and in doing so assume an active role as a primary caretaker and caregiver to the children. :~, ~, ., (I) The defendant mother has no legitimate basis in fact or in law for restricting and circumscribing father's interchange with his children. WIn:RF.FORF., Plaintiff, Kcvin Myers, respcctfully rcquests for the aforementioned reasons, that the court grants and awards him joint physical custody of his children. HAZLETT & OESTERLING (. - . a leU, E 2 outh Market Street echanlcsburg, P A. 17055 717-790-0490 .,( I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. & 4904 relating to unsworn falsification to authorities Date://G-~ /M lOA ."", .'PiA', -)'$; i " r KEVIN L. MYERS, IN THE COURT OF COOMON PLEAS OF Plaintiff CUMBERLAND COl.JNTY, PENNSYLVANIA : vs. NO. 98-6343 CIVIL TERM CIVIL ACTION - LAW JANET L. BREINER, . . Defendant IN CUSTODY OODER OF COURT AND tOI, this JIm clay of ~ consideration of the attached Custody Conc 1 at on and directed as follows: , 1998, upon Report, it is ordered 1. The Father, Kevin L. Myers, and the Mother, Janet L. Breiner, shall have shared legal custody of Maria Breiner Myers, born Decerrber 27, 1995, and Mason Breiner Myers, born September 21, 1997. Each parent 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 decisions regarding their health, education and reli9ion. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children in accordance with the following schedule: On Sunday, December 13, 1998 from 10:00 a.m. until 7:00 p.m. On Saturday, December 19, 1998 from 10:00 a.m. until 7:00 p.m. From Saturday, January 2, 1999 at 10:00 a.m. until Sunday, January 3, 1999 at 7:00 p.m. From Saturday, January 16, 1999 at 10:00 a.m. until Sunday, January 17, 1999 at 7:00 p.m. From Saturday, January 30, 1999 at 10:00 a.m. until Sunday, January 31, 1999 at 7:00 p.m. Beginning on February 12, 1999, the Father shall have custody of the Children on alternating weekends from Friday at 4:00 p.m. through Sunday at 7:00 p.m. Beginning on December 16, 1998, the Father shall also have custody of the Children every Wednesday from 4:00 p.m. until 7:00 p.m. 4. The parties shall shat'e ot' alternate having custody of the Childt'en on holidays as follows: A. Cht'istmas 199B: In 1998, the Fathet' shall have custody of the Childt'en ft'om Cht'istmas Day at 2:00 p.m. until Decembet' 26 at 6:00 p.m. .. ~ B. Eaater/Thanksgiving: The Mother shall have custody of the Children every year on Easter Sunday fran 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Thanksgiving Day fran 9:00 a.m. until 7:00 p.m. C. Alternating holidays: 1'he Father shall have custody of the Children fran 9:00 a.m. until 7:00 p.m. on Memorial Day and Labor Day in odd nuntlered years and on July 4 in even numbered years. The Mother shall have custody of the Children from 9:00 a.m. until 7:00 p.m. on Memorial Day and Labor Day in even numbered years and on July 4 in odd numbered years. D. Mother's Day/Father's Day: The Mother shall have custody of the Children every year on Mother's Day fran 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Father's Day fran 9:00 a.m. until 7:00 p.m. E. Children's Birthdays: The non-custodial parent shall have a period of custody for up to three hours with each Child on his or her birthday. However, the period of custody under this provision shall not exceed one-half of the Child's non-school time on the birthday. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The Father shall have summer vacation periods of custody with the Children in 1999 for the first week in June, the first week in July, and the first week in August. The Father's regular periods of alternating weekend custody and Wednesday evening custody shall continue through the summer. 6. ongoing and the The parties shall continue to custody arrangements for future summer school break. cooperate in attempting to reach years over the Christmas holiday 7. The parties shall notify each other of the identity of any third party caregivers who are providing care for the Children during his or her periods of custody. 8. This order is entered pursuant to an agreement of the parties at a Custody conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE J. cc: Gregory S. Hazlett, Esquire - Counsel for Father Keirsten L. Davidson, Esquire - Counsel for Mother 'C f \.. ... r- :0 i- "" f . ~ ~ ..: '-l 't ~ ! : ~ KEVIN L. MYERS , IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. NO. 98-6343 CIVIL TERM JANET L. BREINER, CIVIL ACTION - LAW Defendant : IN CUSTODY CUS'lOOY COOCILIATIOO SlJoIMARY REPCRT IN ACXXJID1INCE wrm CtIlBERLAND CXXNrY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. :!he pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Maria Breiner Myers Mason Breiner Myers 12/27/95 9/21/97 Mother Mother 2. A Conciliation Conference was held on December 10, 1998, with the following individuals in attendance: The Father, Kevin L. Myers, with his counsel, Gregory S. Hazlett, Esquire, and the Mother, Janet L. Breiner, with her counsel, Keirsten L. Davidson, Esquire. 3. The parties agreed to entry of an Order in the form as attached. [jpr~hM Date (J /990 , La-l Dawn S. Sunday, Esquire CUstody Conciliator .... ~-----'-'.-"--_._~ '~<,""":':'~ .,......-,.,.,',...., -"':"\":'.~;r,'~ "* .. UIW l.~ J900';lj - .. -"~=~::~::: J!:~2~ . '~l~'l.~~~'t~ KEVIN L. MYERS, \ JUN 2 8 20~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6343 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Plaintiff/Respondent v. JANET L. BREINER, DefendanUPelitioner ORDER OF CQJ.!BI You, KEVIN L. MYERS, Respondent, have been sued in court to obtain custody, partial custody or visitation of the minor children: MARIA ARDELLA BREINER MYERS and MASON EUGENE BREINER MYERS. You are ordered to appear in person at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania on , 2000, at o'clock _.M. for u a conciliation or mediation conference. (:I a pretrial conference. (:I a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. ;f 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. ~ Cumberiand County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Date: J. Johnson, Duffie, Stewart & Weidner By: Keirslen W. D<lvidson !.D. No. 78243 30 I M<lrket Street P. O. Box 109 Lellloyne. Penllsylv<lni<l 17043-0 I 09 (717) 761-4540 Anomcys lllr ()efclldallliJ'clitioner KEVIN L. MYERS. Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6343 CIVIL TERM v. CIVIL ACTION - LAW JANET L. BREINER, IN CUSTODY DefendanVPetitioner PETITION TO MODIFY CUSTODY Petitioner, Janet L. Breiner, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, hereby files this Petition to Modify Custody and in support thereof avers as follows: 1. Petitioner is Janet L. Breiner, hereinafter referred to as "MOTHER," who is currently residing at 967 West Trindle Road, Lot 9, Mechanicsburg, Pennsylvania 17055. 2. Respondent is Kevin L. Myers, hereinafter referred to as "FATHER," whose last known address was 938 Pisgah State Road, Shermansdale, Pennsylvania 17090. 3. MOTHER and FATHER are the natural parents of two minor children, MARIA ARDELLA BREINER MYERS, age four, whose date of December 27, 1995 and MASON EUGENE BREINER MYERS, age two, whose date of birth is September 21, 1997. 4. On or about November 9, 1998, FATHER filed a Complaint for Custody and the matter was referred to Cumberland County Custody Conciliator, Dawn Sunday. 5. At the above referenced conciliation, the parties were able to reach a mutually acceptable arrangement with respect to custody of their children. A copy of the Court Order dated December 21, 1998 is attached hereto and marked as Exhibit "A." 6. One 01 MOTHER's most serious concerns, which was addressed at length at the custody conciliation belore Dawn Sunday, involved FATHER's transportation 01 the children given the lact that his driver's license had been suspended. 7. The parties and their counsel agreed that FATHER would do no transportation 01 the children while his license was suspended, rather FATHER would secure the services 01 a driver for all pickups, drop- offs, and for any other time that he needed to transport the children. 8. FATHER's driver's license is still suspended. 9. Despite the above, FATHER continues to drive alone with the children which is in direct violation of the parties' agreement to the contrary, and which is illegal. Attached hereto and marked as Exhibit "8" is a report Irom Private Detective William C. McLaughlin, Jr., who has observed FATHER on at least two recent occasions driving the children in his own vehicle. 10. FATHER is aware that transporting the children in this matter is violative 01 the parties' agreement. As evidence 01 this, when FATHER arrives for custodial pickups and/or drop-offs he always has a driver with him and is riding in the passenger seat. However, soon alter FATHER leaves with the children and is out of MOTHER'S sight, the driver pulls over, FATHER puts the children into his own car and FATHER alone drives off with them. This blatant deception on FATHER's part is anything but in the best interests of the children. 11. Another one 01 MOTHER'S concerns which was expressed at the parties custody conciliation was the lact that FATHER had expressed little interest in the children since their birth. 12. Due in large part to FATHER'S adamant insistence that he had been prohibited from visiting with the children, but was now prepared to be a "lull time dad" and wanted desperately to play an active role in the children's lives, MOTHER agreed to a custodial schedule designed to gradually phase FATHER in to the children's lives. 13. Contrary to FATHER'S representations however, since the parties' Custody Order dated December 21,1998, FATHER has never exercised his full custodial segments as specified therein. 14. More specifically, Paragraph 13 of the parties custody order provides that FATHER is to have the children every Wednesday from 4:00pm until 7:00pm, however FATHER has not visited with the children on a Wednesday since early March of 1999. 15. Paragraph 5 of the parties custody order provides that FATHER shall have the children for one week in June, one week in July and one week in August, however FATHER has never exercised a full week visit with the children since the order's Inception. 16. Despite FATHER'S lack of consistency, he continuously tells MOTHER to have the children ready per the court order, and then with little or no notice. FATHER cancels his custodial periods or returns the children whenever it is most convenient for him. 17. This has caused great conflict for MOTHER and the children, as they are never sure when FATHER may appear to exercise his periods of partial ,::ustody. nor are they sure when FATHER will decide to return the children to MOTHER. 18. Because of this, whenever FATHER has the children MOTHER can never make any plans for fear that FATHER may return them at any minute. WHEREFORE, MOTHER respectfully requests that this Court enter an Order: 1. Prohibiting FATHER from transporting the children in any vehicle until his suspended driver's license is returned; or in the alternative 2. Order that FATHER's periods of partial custody be temporarily suspended until his driver's license is returned; and 3. Remove the Wednesday evening segment from FATHER'S periods of partial custody with the children; and 4. Require FATHER to give MOTHER at least 24 hours notice prior to canceling a custodial period or returning the children except in cases of emergency. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: i~'C~~ L.J~ Keirsten W. Davidson VERlElClllLON I, Janet L. Breiner, do verify that the statements made in the foregoing Petition to Modify Custody are true and correct to the best of my knowledge, information and belief. I understand thai false statements made herein are subject to the penallies of 1 B Pa.C.S. ~4904 relating to unsworn falsification to authorities. ) . \, ,/';L ~- '7") /, ----- ',L -_:/" " '. ~./ c'?' , -, -''1/'/. c:- "- , ~ Janet L. Breiner / /) /j () Dated: v - . '/ () L . " . '. ,> ,. " l ./ -... '. I' " I \, '/', I' ;, '. ,) \, I ',: J,. _." ,,, \\ ., \ I 1\ , '.::-) "~.::-' :.; U KEVIN L. MYERS, Plaintiff : IN THE CouRT OF OOMMOO PLEAS OF : CUMBERLAND CCXlN'1'Y, PENNSYL VANIA I va. : I JANF:r L. BREINER, Defendant : NO. 98-6343 CIVIL TERM : CIVIL At'rION - LAW : : IN CUSTODY OODER OF CXXlRT AND toI, this .) /.,...;- consideration of the attached and directed as follows: . clay of AfJ_ut~._h,oJ , 1998, upon CUstody Conciliation Report, it is ordered 1. The Father, Kevin L. Myers" and the Mother, Janet L. Breiner, shall have shared legal custody of Maria Breiner Myers, born December 27, 1995, and 'Mason Breiner Myers, born September 21, 1997. Each parent 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 decisions regarding their health, education and religion. I 2. The Mother shall have pri~ry physical cUstody of the Children. 3. The Father shall have par~ial physical custody of the Children in accordance with the following schedule: ' . I I , , , on Sunday, December 13, 1998 from 10:00 ,a.m. until 7:00 p.m. On Saturday, December 19, 1998 from 10:00 a.m. until 7:00 p.m. Fl:;om Saturday, January 2, 1999 at 10:00 a.m.. until Sunday, January ,3, 1999 at 7:00 p.m. , , From Saturday, January 16, 1999 at. 10:00, a.m. until Sunday, January 17, 1999 at 7:00 p.m. From Saturday, January 30,' 1999 at 10:00 a.m. until Sunday, January 31, 1999 at 7:00 p.m. Beginning on February 12, 1999, the Father shall have custody of the Children on alternating weekends from Friday at 4:00 p.m. through Sunday at 7:00 p.m. Beginning on. December 16, 1998, the Fatner shall also have custody. of the Children everyWeddesday from'4:OO p.m. until 7:00 p.m. , I 4. The parties shall share or 'alternate having custody of the Children Ion holidays as follows: I I ! "'.: A. Christmas 1998: In 1998, the Fat~er.~h~ll have custody of the Children from Christmas Day at 2:oo,p.m. until December 26 at r . ' . _ ". 6:00 p.m.. " B. Easter/Thanksgiving: '!he Mother shall have custody of the Children every year on Easter Sunday fran 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Thanksgiving Day from 9:00 a.m. ~til 7:00 p.m. C. Alternating holidays: The Father shall have custody of the Children frc:m 9:00 a.in. until 7:00 p.m. on Memorial Day and Labor Day in odd numbered years and on July 4 in even nurrbered years. The Mother shall have custody of the Children from 9:00 a.m. until 7:00 p.m. on Memorial Day and Labor Day in even numbered years and on July 4 in odd nUllCered years. D. Mother's Day/Father's Day: The Mother shall have custody of the Children every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Father's Day fran 9:00 a.m. until 7:00 p.m. E. Children's Birthdays: The non-custodial parent shall have a period of custody.for up to three hours with each Child on liis or her. birthday. .. IIQwever, the period of custody _under this.' -. provision shali not exceed one-half of the Child's non-school . time on the birttiday. - . - F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The Father shall: have sUll!ller vacation periods of custody witl'l the Children in 1999 for the first week in June, the first week in July, and the first week in August. The Father's regular periods of alternating weekend custody and Wednesday evening custody shall continue through the summer. 6. The parties shall continue to cooperate in attempting to reach ongoing custody arrangements for future years over the Christnas holiday and the sl.llm1er school break. 7. The parties shall notify each other of the identity of any third party caregivers who are providing care for the Children during his or her periods_of custody. 8. This Order is entered pursuant to an agreement of the parties ~t a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shag control. TRUE COPY FROM RECORD T BY THE COURT, In e3t!fll'jn; wi1l)reof, I hare unto set my 113nd ' and too sea! uf s3id Court at Car~isi'" Pa. This :V ~ day of ,U)w.....J:.<..-19 9 f - ., (~'-'- C.~ ,~,,~. Is/ [)~ c: .ft,,~ilJ Prothonotary. - 'I J. ce: Gregory S. Hazlett, Esqu1re - Counsel for Father Keirsten L. Davidson, Esquire - Counsel for Mother " AMERICAN INVESTICA TION RESOURCES OlTitc: (711) 76/-3532 Fu,' (711) 761-3780 Wi/him C MtL.ughlill Jr. Print" D"t"r.ti." I'A Lic"lls" # 98-195 Misc. http.-I/www.k.su.lr.om/.ir P.8"r. (711) JOS-38S2 E-M.i1 ."rbllltlptdo"t June 17,2000 Janet Breiner 967 West Trindle Road Mechanicsburg, PA 17055 re: Kevin Lee Myers Dear Ms. Breiner, According to your request of June 1,2000 this agency performed a surveillance of Kevin Lee Myers. This agency was requested to perform a surveillance at 1600 hours on June 2, 2000 in Mechanicsburg, Pennsylvania on Mr. Myers to see ifhe was driving a vehicle with the children inside the same vehicle. Friday, June 2, 2000 At 1530 hours, a position for surveillance in the Grandpa Growlers Restaurant parking lot was established and all video equipment was in place. At 1558 hours, Ms. Breiner was observed and videoed pulling into the Uni Mart parking lot in Mechanicsburg, Pennsylvania The vehicle pulled forward and backed into a parking place. The client as well as both children were observed and videoed. At 1604 hours, a white two door Acura Integra, bearing Pennsylvania plate number BHR3078, pulled into the Uni Mart parking lot next to the client. Mr. Myers was the passenger of the vehicle. After putting the children in the vehicle, investigator followed the vehicle containing Mr. Myers and the children. At 1617 hours, the vehicle pulled into the parking lot of America Choice Bank. The bank parking lot is next to the Pizza Hut Restaurant on route 114 and in the Wal Mart Complex. The vehicle pulled next to a red Ford truck with a beige stripe down the side (see video). The female driving the vehicle exited the drivers side of the vehicle and walked to the Pizza Hut Restaurant. Mr. Myers and the children exited the vehicle from the passenger side. The children were playing in the vicinity ofthe vehicle while Mr. Myers pulled two child safety seats from passenger side of the vehicle (see video). Mr. Myers put both child safety seats in the truck. At 1619 hours, Mr. Myers put both children in the truck and moved to the drivers side door of the truck. Mr. Myers was observed and videoed pulling what appeared to be car Post Office Box 1395 Camp HI11, PA 17001 ,- keys from his right pockct, walking to the whitc vchiclc. walking back to the truck. entering the truck and backing out of the bank parking lot. With the children inside. Mr. Myers was observed and videoed driving the truck with thc children inside through the WaI Mart parking lot. Due to heary traffic the truck's position was lost as he exited the parking lot. At 1625 hours, surveillance was tenninated. Friday, June 16,2000 At 1520 hours, investigator established an optimal surveillance position directly across from the parking lot of America Choice Bank. The bank parking lot is next to the Pizza Hut Restaurant on route 114 and in the Wal Mart Complex. At 1535 hours, a white two door Acura Integra, bearing PelUlSyJvania plate number BHR3078 pulled into the parking lot of America Choice Bank. The female driving the vehicle exited the drivers side of the vehicle and walked to the Pizza Hut Restaurant. At 154 I hours, the female driving the vehicle returned to the vehicle and sat on the curb. She had what appeared to be a soda in her hand. After several minutes the female stood up and entered her vehicle. At 1556 hours, the female was observed and videoed performing a three point turn in her vehicle, returning to a reversed parking position and continued to wait in the vehicle. At 1603 hours, the subject (Kevin Lee Myers) was observed and videoed arriving at the parking lot of America Choice Bank in a red Ford truck with a beige stripe down the side. After parking the truck he exited his vehicle and immediately entered the white two door Acura Integra. The white Integra left the area immediately after the subject entered the passenger door (see video). At 1619 hours, the white two door Acura Integra was observed and videoed returning to the America Choice Bank parking lot and parking next to the Ford truck. The female who was driving the white Integra exited her vehicle and was observed and videoed transferring a child safety seat from the rear drivers side of her vehicle to the truck area. The subject was observed and videoed exiting the passenger side of the white two door Acura Integra and transporting a child safety seat from it to the Ford truck. (sec video). At 1625 hours, the subject appeared to pick up the female child and put her in his vehicle. The subject then walked around to the rear and the back of the Ford truck The subject opened the drivers side of the door. It appeared that the subject was talking on a cellular phone while walking and when he entered his vehicle. At 1628 hours, the subject was observed and videoed driving his vehicle and leaving the parking lot of America Choice Bank. " . At 1630 hours, surveillance was tenninated. A copy of the surveillance video is included with this report. All original surveillance video is kept by this office for a period of three years in II locked envirolUllCnt. Aller three years the video and report are destroyed. I f you or your legal counsel deem it necessary to view the original video tape, it will be made available to you at your request. At no time was the video tape altered or spliced in anyway. Should you need our testimony in a court of Jawor deposition, we will be happy to assist you. As of this writing no further investigation will be perfonned unless specifically requested by you. If you or your allomey have any questions regarding this report or the surveillance video please do not hesitate to call me. Thank you for the opportunity to work with you. ~SinCerelY, , ........ . ........- "." \"-........- ~, -, , ..... ,.. ........\.. .. ~.. .".~~:-<-..-. .~~~~~,,\\.\.,. William C. McLaughlin Jr. ~ \) Investigator' l" ~": ~ i'- ;.' . (") r-) (; r- <:.> ::- '1 "":'1 {'-(~ '-- t; C' f.""= , '-l .:..;: : "-.~ -.~~ ~ ;.-"( ," G, ,'; ...., I -:. S~. >~) """ .i_') :+,' i*~~' , -f; i ~ ( ,;';1 Z .};! :< '1> ~....., -< ~. KEVIN I.. MYERS, : IN TilE OOURT OF OOMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. . NO. 98-6343 CIVIL TERM . . . JANET L. BREINER, . CIVIL ACTION - LAW . Defendant IN CUSTODY CRDER OF COORT AND NCW, this ]'O~ consideration of the attached and directed as follows: day of ~ CUstody nCll ation Report, , 2000, upon it is ordered 1. The prior order of this Court dated December 21, 1998 is vacated and replaced with this order. 2. The Father, Kevin L. Myers, and the Mother, Janet L. Breiner, shall have shared legal custody of Maria Breiner Myers, born December 27, 1995, and Mason Breiner Myers, born September 21, 1997. Each parent 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 decisions regarding their health, education and religion. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 4:00 p.m. through sunday at 7:00 p.m. In addition, during weeks when the Father notifies the Mother by the preceding Monday at 6:00 p.m. that he intends to exercise his period of custody on the following Wednesday, the Father shall have custody of the Children on Wednesday from 4:00 p.m. until 7:00 p.m. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. CIlRISTMAS: The Christmas holiday shall be divided into segment A, which shall run frem Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and Segment 8, which shall run from Christmas Day at 2:00 p.m. through December 26 at 6:00 p.m. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment 8 in odd numbered years. The Father shall have custody of the Children during Segment A in odd numbered years and during Segment 8 in even numbered years. FJ\S'11!R,I"!1IAHKSGIVING: The Mother shall have custody of the Children every year on Easter Sunday from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the O1ildren every year on Thanksgiving Day from 9:00 a.m. until 7:00 p.m. ALTIlRNATING IIOLIDAYS: The Father shall have custody of the Children from 9:00 a.m. until 7:00 p.m. on Memorial Day and Labor ouy in odd numbered years and on July 4 in even numbered years. The Mother shall have custody of the Children from 9:00 a.m. until 7:00 p.m. on Memorial Day and Labor Day in even numbered years and on July 4 in odd numbered years. Mal'IIIlR'S DAY/FATIIm'DAY: The Mother shall have custody of the Children every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Father's Day fran 9:00 a.m. until 7:00 p.m. CHILDREN'S BIRTIIDAYS: The non-custodial parent shall have a period of custody for up to three hours with each Child on his or her birthday. However, the period of custody under this provision shall not exceed one-half of the Child's non-school time on the birthday. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. B. C. D. E. 6. Beginning in 2001, the Father shall have sunmer vacation periods of custody with the O1ildren for the first week in June, the first week in July, and the first week in August. For purposes of this provision, the first week of each month shall be deemed to begin on the first Friday of each month. In 2000, the Father shall have custody of the Children from Friday, July 28 at 4:00 p.m. through Saturday, August 5 at 9:00 a.m. The Father's regular periods of alternating weekend custody and Wednesday evening custody shall continue through the summers. 7. The Father shall not terminate his periods of partial custody with the Children earlier than the time specified in this Order except upon providing at least 24 hour13 advance notice to the Mother and with the Mother's consent. 8. The Father shall not drive with the Children in the vehicle while his driver's license is suspended. 9. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party, along with the address and telephone number where the Children can be contacted. 10. The parties shall notify each other of the identity of any third party caregivers who are providing care for the Children during his or her periods of custody. 11. This Order is entered pursuant to an agreement of the parties at a '11 ",-, KEVIN L. MYERS, Plaintiff : IN THE CXlURT OF OJMMON PLEAS O~' : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 98-6343 CIVIL TERM : JANET L. BREINER, Defendant : CIVIL ACTION - LAW IN CUSTODY PRIat JUDGE: Edward E. Guido CllSl'ODY ~ILIATIQl SlHolARY REPCRr IN AClXIIDANCE WITIl aJmERLAND CXXm'l RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRl'Il CURRFNl'Ly IN CUS'IDlJY OF Maria Ardella Breiner Myers Mason Eugene Breiner Myers December 27, 1995 September 21, 1997 Mother Mother 2. A Conciliation Conference was held on July 19, 2000, with the following individuals in attendance: The Father, Kevin L. Myers, with his counsel, Gregory S. Hazlett, Esquire, and the Mother, Janet L. Breiner, with her counsel, Keirsten W. Davidson, Esquire. 3. The parties agreed to entry of an order in the form as attached. J'~1 (7, YOO() Date I D~q~~~J Custody Conciliator " KEVIN L. MYERS. Plaintiff IN TilE COURT OF COMMON I'LEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA \'S. IIS-6J4J CIVIL ACTION LAW JANET L. BREINER Deli:ndanl IN CUSTODY ORO.:R OF COURT AND NOW, this P.(tfr day of N ~ , 2003, considcration of the attached Custody Conciliation Rcport. it is ordered and directcd as follows: upon I. Thc partics shall participatc in a coursc of coparcnling counseling with a professional to be seleetcd initially by thc Father. The purposc of the counscling shall be to assistthc parties in developing sufficient cooperation and communication to enable them to cffcctivcly coparentthe Children. The parties shall attend a minimum of four joint sessions. The parties shall follow the recommendations of the counselor concerning the frequency and duration of sessions. The Father shall be responsible to pay all costs of the counseling. 2. Pending further Order of Court or agrccmcnt ofthc parties, the prior Ordcr of this Court dated July 30,2000 shall continue in effect as modified by this Order. 3. Beginning November 14,2003, the Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 pm through Sunday at 8:30 pm and every Wednesday evening from 6:00 pm until 9:00 pm. All exchanges of custody under this provision shall take place at the UniMart on Route 114 in Mechaniscburg, unless otherwise agreed between the parties. 4. Beginning on the Father's first alternating weekend in January 2004, the Father shall have custody of the Children on alternating weekends from Thursday at 6:00 pm through the following Monday morning when the Father shall transport the Children to school, and on the interim alternating Thursdays from 5:00 pm through 8;00 pm. All exchanges of custody under this provision shall take place at the Children's school, with the exception of the return exchange on alternating Thursday evenings at 8:00 which shall take place at the UniMart in Mechanicsburg unless otherwise agreed between the parties. The parties agree that the partial custody schedule shall progress from the arrangement set forth in paragraph 3 of this Order to the schedule in this provision only on the condition that the Father has not been late (with reasonable allowance for emergencies or other circumstances beyond the Father's control) for any exchange of custody. In the event the Father has failed to appear on time for an exchange ofeustody under paragraph 3 of this order, the schedule shall continue without expansion pursuant to that paragraph. . 'it ~, KEVIN I.. MYERS I~IIII: ('OllIU OF ('ml~lo~ f'l.b\S OF ('II~lJIH{I,A~1l ('OllNTY, f'l;fI;NSVf.V ANIA PI.AINTIFF v, 'J8.(.343 ('lVII, AlTION I.AW JANET I.. BREINER DEFENDANT IN (,liS roilY OIHlI-:R OF ('()(IRT AND NOW, Thur,day, Dc lobeI' 09,2003 , upon consideration of the allaehed Complaint, it is hereby directed that parties and their respeelive counsel appear belhre ... 1.)_a\\,n.S,.~lId.y,.E_SlI'n..._._' the conciliator. at 39 We,t Main Slreet, Meehanic,burg,I'A 17055 on Wedne,day, Novemher 12, 2003 "I 8:30 AM lor a Pre-Hearing Custody Conference. At such eonlerenee, an eflill'l 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 enler into a temporary order. All children age five or older may also be present at the eonlerenee. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court bereby directs tbe parties to furnish any and "II existing )'roteellon frolll Abnse orders, Special Relief orders, and Cnstody orders to the conciliator 48 honrs prior to schednlcd hearinl(. FOR THE COURT. By: Isl DaWll S. SlInday. E'q. CUSlody Conciliator v The Court of Common Pleas ofCumbel'iand County is required by law to comply with the Americans with Disabililes Act of 1990. For inlormation abool accessible facilities and reasnnable accommodations available to disabled individuals having business he")!'e the court, please eonlaet our omee. All arrangements must be made at least 72 hours prior to any hearing or business hefore the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ArrORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HEl.P. Cumberland County Bar Assoeialion 32 South Bedford Street Carlisle. Pennsylvania 17013 Telephone (717)249-3166 ',' .. If you fail to uppear as providcd hy this order, an ordcr lilr custody, partial custody or visitation may he cntercd against youllI' thc court may issue a warrant Jill' your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TEELPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Libcrty A vc. Carlisle, I' A 17013 (717) 239-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation 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. BY THE COURT: Date: , ;r. '\...... i f '1. J. WIIEREFORE.l'ctilioncr requcsts thallhc ('Olin modify Ihe existing Ordcr for I'nnial Custody beCUlIsC il will he in (he best interesls of Ihe children. DATE: Iv//;/ u J I .j;!./ 1../:/ J(f>f1lmcr Lockard . /1 larrisburg Civil Law Clinic 2300 Vanun Way Harrisburg, I' A 17110 (717) 541.0320 I verify that the statemcnts made in this complaint arc true and correct. I undcrstand that falsc statemcnts hcrcin are made subject to the penaltics of 18 Pa. C.S. * 4904 relating to unsworn falsification to authorities. DATE: 9- //- D3 ~4' "~ ':;<.,,:)1') . ..t:::' ",. ." I"'" j/ ';pc!)Jf ~i2 B. L~' ~fI~~ 0lS ~ ~~ D. >j'f!" ;.l' ~~ .~~ E. If '" ;I' >t' ~~~. \J ')::/I!' ~ ~: 'l11e Mother shall have custody of the every year on Easter Sunday fran 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Olildren every year on 'l11ankBgivin; Day fran 9:00 a.m. until 7:00 p.m. AL~ 87.IDAXS: 'l11e Father shall have custody of the Children frail 9:00 a.m. until 7:00 p.m. on Memorial Day and Labor Day in odd l'II.1IItlered years and on July 4 in even numbered years. The Mother shall have custody of the Children fran 9:00 a.m. until 7:00 p.m. on Memorial Day and Labor Day in even nlJllbered years and on July 4 in odd numbered years. I'U&DISK'S DU/pM'BER'DU: 'l11e Mother shall have custody of the Children every year on Mother's Day fran 9':00 a.m. until 7:00 p.m. and the Father shall have custody of the Olildren every year on Father's Day fran 9:00 a.m. until 7:00 p.m. CHI:LmlI!H'S BIRl'BllAYS: 'l11e non-custodial parent shall have a period of custody for up to three hours with each Child on his or her birthday. However, the period of custody under this provision shall not exceed one-half of the Child's non-school time on the birthday. F. 'l11e holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. BeginnirJ; in 2001, the Father shall have' Stlltlller vacatioo periods of' custody with the Olildren for the first week in June, the first week in July, and the first week in August. For purposes of this provision I the first week of each m:mth shall be deemed to begin on the first Friday of each IIIOllth. In 2000, the Father shall have custody of the Children fran Friday, July 28 at 4:00 p.m. through Saturday, August 5 at 9:00 a.m. 'l11e Father's regular periods of alternatiD;1 weekend custody and Wednesday evenin; custody shall continue through the SUIlI1IerS. 7. 'l11e Father' shall not terminate his periods of partial custody with the Olildren earlier than the time specified in this Order except upon providin; at l~ 24 hours advance notice to the Mother and with the Mother's consent. \)6n'\Do~;~, : ' 8. 'l11e Father shall not drive with the Children in the vehicle while his driver's license is suspended. S\'\~,~e.s "",\'r, cl,',\c9-e1) 9. In the event either party intends to remove the Children frail his or her residence for an overnight period or longer I that party shall provide advance notice to the other partYI along with the address and telephone nUltber where the Children can be contacted. \10'\ c90 '"\In.s . ' 10. 'l11e parties shall notify each other of the identity of any third party caregivers who are providing care for the Children during his or her periods of custody~nt &0 ~;s, . 11. This Ol:der is entered pursuant to an agreement of the parties at a ""'4 . , I. ../ Custody Conciliation Conference. 'Itle parties nay modify the provisions of this order by mutUlll coMont. In the absence of mutual consent, the terms I of this Order shall control. BY TEIE 0XlRT, 1.s~'~1 -~~~'.4n-- , E. Gu do, J. ee: Gregory S. Hazlett, Esquire - Counsel for Father Keirsten W. Davidson, Esquire - Counsel for Mother " iRUE COPY FROM RECORD I n Testimony whereof. I hereunto set my. hand ...,...... ""'~ Isle, Pa. '- ~~.:: ,,~YQ ~_ ~J)~ . '. onotary . ,~ "-4 . I ((; (fJ) fPY - . ... KEVIN L. MYERS, Plaintiff : IN TIlE 0XlR'l' OF CXlMMOO PLEAS OF : CUMBERLAND CXlClN'n, PENNSYLVANIA . . vs. : NO. 98-6343 CIVIL TERM JANE:!! L. BREINER, Defendant . . : CIVIL ACTICN - LAW : IN CUSTODY amm OF cnJR1' l\NJ) tDI, this .JO..u... day of ,J. I!:I. ' 2000, upon consideratioo of the attached CUstody Concilli:t,.on Report, it is ordered and directed as follows: 1. '!be prior Order of this Court dated December 21, 1998 is vacated and replaced with this Order. "II ll> CQ C1> ... 2. '!be Father, Kevin L. Myers, and the Mother, Janet L. Breiner, shall have shared legal custody of Maria Breiner Myers, born December 27, 1995, and Mason Breiner Myers, born September 21, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all. major lIOn-emergency decisions affecting the Children's general' well-being including, but not limited to, all decisions regarding their health, education and religion. 3. '!be Mother shall have prirnarr physical custody of the Children. 4. '!be Father shall have partial physical custody of the Children on alternating weekends fran Friday at 4:00 p.m. through Sunday at 7:00 p.m. In addition, dur weeks whe er notifies the' eceding Monday at 6:00 p.m. that he intends to exercise his period 0 cust on the following Wednesday, the Father shall have custody of the Children on Wednesday fran 4:00 p.m. until 7:00 p.m. ~1f6 0 """ n ,J<., . ~ I \ooJf(Y"es_.]'> 5. '!be parties Shall share or alternate having custody of the Children on holidays as follows: ~~ \,"::, l;" ~<(:l~~ .<.J <-,~ A. CBRIS'JIoIAS: The Chrisbnas holiday shall be divided into Segment A, which shall run fran Chrisbnas Eve at 2:00 p.m. through Christmas Day at 2:00 p.rn;, and Segment B, which shall run fran Chrisbnas Day at 2:00 p.m. through December 26 at 6:00 p.m. '!be Mother shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custOdy of the Children during Segment A in oclcl nunDered years and during Segment B in even numbered years. <;;"o.:>\D ~"",.()~ 'S.l'lme.. ~ g 3 C1> .~. N:ov.u. J.,. MltJ<:), : LN 'l'HE CXXJRT OF c:x::tolMOO PLEAS OF Plaintiff : CUMBERLAND CXXlN'l'Y, PENNSYLVANIA . . VS. . NO. 98-6343 CIVIL TERM . . . JANEr L. BREINER, : CIVIL ACTIOO - LAW Defendan~ . :IN CUS'lalY ~.. . PRICR JUDGE: PD.Iard E. Qddo UJ>>J.wt CXH:ILIATIOO SlII'IARY REPCRr m AO:X:.mlAIlc:E wrm cnmERLAND CXl!HI.':f RDLE CI! CIVIL PRO~. u<8 1915.3-8, the UIldersigned CUstody conciliator submits the fOllowing report: 1. The pertinent information concernin;! the Children who are the subjects of this litigation is as follows: Nl\IIIE IlM'E OF BIRI.'H aJIlRE2lTLY m ~""UJ:! CI! Maria Ardella Breiner Myers December 27, 1995 MilsOn Eugene Breiner Myers September 21, 1997 Mother Mother 2. A Conciliation COnference was held on July 19, 2000, with the followin;! individuals in attendance: !he Father, Kevin L. Myers, with his counsel, Gregory S. Hazlett, Esquire, and the Mother, Janet L. Breiner, with her counsel, Keirsten W. Davidson, Esquire. 3. The parties agreed to entry of an order in the form as attached. , .LAlLA (fl C),oOI) Dat~---I' ~q~ CUstody COnciliator - " 7"1:) r ..I c: 'c , , (.-' f ~'-~ ...., i ~ C ~ : , .-1 ..... ~ , -l:: '- w ~ <:: " r- l..Q. e :..) 1:-;- -~ z:: ,... 0'> * \<C\J\\'\ l. ~iC-f~ Plaintiff : IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNT~ : PENNSYL VANIA v. * jorvc -\- L, e,rc', ,,-c. \ Defendant : CIVIL ACTION LA W :' NO. ~~1.\3 CIVIL 1916 : CUSTODY VISIT A TION ORDER OF COURT And now, this~, upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before tn.,..n..s \&D~a'i--, Esquire, the conciliator, at::t1 W. ~. I Mr-c.hcn \ r ~ ~ ' Pennsylvania, on the \D day of ~mbc':r , 1998, at q: 0 .M P.M., for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may be present at the conference. Failure to appeaxrrthe..conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: dSall~l\.LIIY\~' Custody Conciliator (~ "\ YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, P A 17013 (711) 249-3166 }-800-990-9108 - - c:: .il \:I'..:}!,;::~:TE:.\,:~\:~t' .' r. ~ ~ 1""\... , l I:~~~.'; "'::-;;; l~) <i'~ /.- ~ . J CU;':;':;~;..:::i:~~);:, ;:"..'./:\! Y /I./_I~t> tk/. ~ /H~~ ,4 #a;AZf IIP.9y" 7btfu,.,~;t. -:'fI:- /1 "/J.~ I'~ /1?~ z. 4~.:JY - IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY OF PENNSYLVANIA KEVIN L. MYERS, Civil Action at Law-Custody Plaintiff, Case No. l' ~. (., 3lf3 ('..f~ U VS. JANET L BREINE~ Defendant, ORDER OF COURT You, Janet 1. Breiner, the defendantt have been sued in court to (OBT AfN) custody, of the children: Maria Breiner Myers and Mason Breiner Myers. You are ordered to appear in person at at ,_m., for: on a concmation or mediation conference. a pretrial conference a hearing before the court If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE TillS 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 COURT ADMINISTRATOR ] COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KEVIN MYERS, Civil Action.--Custody Docket No. Plaintiff, V8. JANET L. BREINER, Defendant, ORDER AND NOW this day of , 19_. after hearing, it is hereby ORDERED and DECREED that custody of Maria Breiner Myers and Mason Breiner Myers 1S awarded to It 1S further ordered that . shall have custody of the child subject to this action. as follows Date: BY THE COURT: J. AMERICAN WITH DISABILITIES ACT OF 1990 The Cowt of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of t 990. For information about accessible facilities and reasonable accommodations available 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. BY THE COURT: Date: J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYL VANIA KEVIN L. MYERS, Civil Action At Law Plaintiff, Case No. 94"'. G .3 Y'~3 C JANET L. BRINER, Defendant, COMPLAINT FOR CUSTODY 1. The plaintiff is Kevin L. Myers, an adult individual sui juris, who currently resides at 938 Pisgah state Road, in the town ofShermansdale 17090 County of Perry Commonwealth of Pennsylvania. 2. The defendant is Janet 1. Breiner, an adult individual sui juris who currently resides at 967 Lot 9 Trindle Road, 17055 in the town of Mechanics burg, County of Cumberland Commonwealth of Pennsylvania. 3. Plaintiff seeks custody of the following children. Name Address Age Maria Breiner Myers Mason Breiner Myers 967 Trindle Rd. Mech. Pa. 17055 967 Trindle Rd. Mech. Pa. 17055 3 years 14 months 4. The children were born outside ofthe bonds of matrimony. 5. The children are presently in the custody of Janet L. Breiner, who resides at 967 Trindle Road, Lot 9 Mechanicsburg, Pa. 17055 in the County of Cumberland. 6. During the past 3 years the children have resided with Janet L. Breiner at the following address: 967 Trindle Road, Lot 9 Mechanicsburg, Pa. 17055 in the County of Cumberland. 11~~ 7. The biological mother of the child is Janet L. Breiner who currently resides at 967 Trindle Road Mechanicsburg, PA. 17055 in COWlty ofCurnberland 8. The mother is separated from the father, and has been since the births of the children and is currently unmarried. 9. The father of the children. is Kevin L. Myers who is currently residing at 938 Pisgah State Road, in the town ofShermansdale 17090 COilllty of Perry. Commonwealth of Pennsylvania. 10. The father has been separated from the mother for approximately 2 years and he currently remains unmarried to the mother. 11. The relationship of the plaintiff to the children is that of biological father. 12. The Plaintiff currently resides with the following persons: Name Lisa L. Wilson Relationship Girlfriend 13. The plaintiffhas not participated as a party or witness~ or in another capacity~ in other litigation concerning the custody of the child in this or any other court within or outside the boundaries of Pennsylvania. 14. The plaintiff has no other information of a custody proceeding conceming the child Pending in a Court of this Commonwealth. 15. Plaintiff does not know of a person not a party to the proceedings who has physical Custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interest of the child and pennanent welfare of the child will be served by Granting the fellef requested because: (a) The plaintiff mother, although she has been the primary caretaker of the children she has exemplified an unwillingness and open defiance towards the plaintiff father in her efforts to exclude the father from being with his children for several months despite his repeated and diligent efforts to foster and maintain an ongoing relationship with his children. (b) The defendant to this action has been unyielding and openly hostile towards the plaintiff father in that she has insisted and demanded that his interactions with his children be limited to supervised visitation when she deems it to be convenient, and appropriate. Moreover. plaintiff has shown bad faith when father's request to see his children is granted, in that upon father's arrival to defendant's home she becomes confrontational, hostile, and combative towards father in response to his request to engage in recreational endeavors on an unsupervised level. (c) The children have been deprived of an opportunity to interact with their father due to the mother's unreasonable deliberate refusals to allow the plaintiff father to interact with his children on an unsupervised level beyond the boundaries of defendant's home. Notwithstanding such opposition plaintiff has consistently visited his children at defendant mother's residence although he is prohibited from, and deprived of, having private moments with his children despite his keen interest, and genuine desire to develop a steady, consistent, and long lasting relationship with his children. (d) Plaintiff intends to cultivate and maintain an active paternal role in his children's lives by providing his love, affection, attention and insight to the children during their formative years and throughout their lives. (e) Plaintiff, beHeves and therefore avers that he can and will strive if presented with the opportunity, to be a stabilizing force in the children's lives and in doing so assume an active role as a primary caretaker and caregiver to the children. (f) The defendant mother has no legitimate basis in fact or in law for restricting and circumscribing father's interchange with his children. WHEREFORE, Plaintiff, Kevin Myers. respectfully requests for the aforementioned reasons, that the court grants and awards him joint physical custody of his children. HAZLETT & OESTERLING ~/' "'....,1 (/ ett, E 2 outh Market Street echanicsburg, P A. 17055 717~79()"0490 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa-C.S. & 4904 relating to unsworn falsification to authorities Date:/~G ~ ~t~ ~ ~~.,,~\~~ ~(,'2 ~d c, t t r~ . t... '-l c:: t,...\ "'<? .... l..:; -.('J ""? fi" 8 ,;;\, ~~~~.;.' ("':~ . ~~' .'. I.~>,' -; . r"' ;-. ~ ; :::~ -, Ii) ~;) ~~ 'c.. (.~ - ,'\ -', ,'!.:..-- . ,; n . :, -} ~ ;r, . < -~~ '~..' 7.' 'J ~~~ 1 n :J? I \~ -~.) t,,) .. "-} \0 f~ -.... .. amER OF CDJRT AND R:JiI', this J',/f" day of ~ consideration of the attacheO Custody Conciliatlon and directed as follows: , 1998, upon Report, it is ordered 1. The Father, Kevin L. Myers, and the Mother, Janet L. Breiner, shall have shared legal custody of Maria Breiner Myers, born Decenber 27, 1995, and Mason Breiner Myers, born September 21, 1997. Each parent 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 deCisions regarding their health, education and religion. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children in accordance with the following schedule: On Sunoay, December 13, 1998 fram 10:00 a.m. until 7:00 p.m. en Saturday, Decerrt>er 19/ 1998 from 10:00 a.tn. until 7:00 p.m. From Saturday, January 2, 1999 at 10:00 a.m. until Sunday, January 3, 1999 at 7:00 p.m. From saturday, January 16, 1999 at 10:00 a.m. until Sunday, January 17, 1999 at 7:00 p.m. From Saturday, January 30, 1999 at 10:00 a.m. until Sunday, January 31, 1999 at 7:00 p.m. Beginning on February 12, 1999, the Father shall have custody of the Children on alternating weekends fran Friday at 4:00 p.m. through Sunday at 7:00 p.m. Beginning on December 16, 1998, the Father shall also have custody of the Children every wednesday from 4;00 p.m. until 7:00 p.m. 4. The parties shall share or alternate haVing custody of the Children on holidays as follows: A. Ol.ristmas 1998: In 1998, the Father shall have custoCly of the Children fran Christmas Day at 2:00 p.m. until December 26 at 6;00 p.m. .II .. .1._ .- B. Easter/Thanks9ivi~: The Mother shall have custody of the Children every year on Easter Sunday from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Thanksgiving Day fran 9:00 a.m. until 7:00 p.m. C. Alternating holidays: The Father shall have custody of the Children frcxn 9:00 a.m. until 7:00 p.m. on Mem:;lrial Day and Labor Day in odd numbered years and on July 4 in even numbered years. The Mother shall have custody of the Children from 9:00 a.m. until 7:00 p.m. on Memorial Day and Labor Day in even numbered years and on July 4 in odd numbered years. D. Mother's Day/Father's Day: The Mother shall have custody of the Children every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Father's Day frall 9:00 a.m. until 7:00 p.m. E. Children's Birthdays: The non-custodial parent shall have a period of custody for up to three hours with each Child on his or her birthday. However f the period of custody under this provision shall not exceed one-half of the Child's non-school time on the birthday. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The Father shall have sUllJIler vacation periodS of custody with the Children in 1999 for the first week in June, the first week in July, and the first week in August. The Father's regular periods of alternating weekend custody and Wednesday evening custody shall continue through the surrrner. 6. The parties shall continue to cooperate in attempting to reach ongoing custody arrangements for future years over the Christmas holiday and the summer school break. 7. The parties shall notify each other of the identity of any third pdrty caregivers who are providing care for the Children during his or her periods of custody. 8. This Ol:'der is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE J. cc: Gregory S. Hadett, Esquire - Counsel for Father Keirsten L. Davidson, Esquire - Counsel fot" Mother ,." ..... . "",\"... . KEVIN L. MYERS , . IN THE OOURT OF ~ pLEAS OF . plaintiff : CUMBERLAND CCXJNTY, PENNSYLVANIA . . vs. . NO. 98-6343 CIVIL TERM . . . JANET L. BREINER, CIVIL ACTION - LAW Defendant IN CUSWOY COO'l'aJY CCfiCILIATI<:W S(M4ARY REPCRr IN ACXXJmANCB WlTH <DmERLAND CJJNI':{ ROtB OF CIVIL PRCCEDlJRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. 'Ihe pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DA7B OF BImlI 12/27/95 9/21/97 ClJRRI!NlLY IN UJS.l'CDy (:I Maria Breiner Myers Mason Breiner Myers Mother Mother 2. A Conciliation COnference was held on December 10, 1998, with the following individuals in attendance: The Father, Kevin L. Myers, with his counsel, Gregory S. Hazlett, Esquire, and the Mother, Janet L. Breiner, with her counsel, Keirsten L. Davidson, Esquire. 3. The parties agreed to entry of an Order in the fotm as attached. /k~ Date 1s-.192t , ~. CUstody Conciliator ~ ~ i3~; ~ ~ \ !2: ~ t"I I:" O~~8 . . '"' ..~ "" ., i~ ~ <:It:l~ ... '-'" '~.tlI \.. ! 9- '" ... !It E ~~ ~~~r :0 ... e e' ;. I l?H E. 'if' .. ::: :1 I ~~ III (f) ~~W ~ ;. '"' ,~ \~ - K~ ti .... ~ <::~!jl.')!i\ ~ ~H ~ ~.., . ~~ . " S' a. ~' ,\ U .... ~~~: ~tIl' C'!!J Hl ". ,.... ,.~:: .... r1" MI _~ -t:t;. ~~ -1 " ~ , g~ ;'t.~ ,$lf I ~t"I!/Ifl V~ 3lrl I ~ f! ~~~ ~~ I ~~ ,~,......,.~ . KEVIN L. MYERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI.VANIA PLAINTfFf V. JANET 1.. BREINER 98-6343 CIVn, ACTION LAW DEFENDANT IN CUSTODY ORDER OF COJJRT AND NOW, this 30th...__ day of Jun,:_. ...._,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective coun!;el appear before Dawn S. Sund~y', Esq. , the conciliator, at 39WestMaiI1Street,Mccltanj~bur2,PA 17055 ...,_._ on the 19th .dayof Jldy..."._,2000,at 1:0~_PM [or a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issue!) in diRpute; or if this Cllil110t be accompli"hed, to defIne and narrow the issues to be heard by the court, and to enter into a temporary order. All children age live or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary 01' permanent order. FOR THE COURT, By: Isl Dawn S. SUTlda~. ~ (~u.st()dy ConcjJiato The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessihle facilitit:s and reasonable accommodations available 1.0 disabled individuals having business before the court, please contact our office. All an-angement~ roust he made at least 72 hours prior to any hearing or business before the court You must attend the scheduled confe.rence or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A'ITORNEY AT ONCE. IF YOU DO NOT I IA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE ONleR SET FORTH RELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumbt...,.land County Bar As~()ciatioll 2 Libl,.Tty A venue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ...... ,,)""!II'-. 4~ .~!?I ~w 4"ap fIt?f-L. ~ ~ 7- ~ ~ ()r/~['-L ~F ~~ /'/';/"9 OOF.-L V~N\J^lA8NN3d 1 rr\l'..H............. ,.., ,I -",-." N.,l~i "J) ,.;1\.,1 :,_::~;.}lnO L t :ll ~;d ~~ - -;nr 00 f.U./.~\;~~l:j::;C:<:.i~;IU :.i. :D - Plaintiff/Respondent \ JUN 2820~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6343 CIVIL TERM -' , KEVIN L. MYERS, v. CIVIL ACTION - LAW JANET L. BREINER, IN CUSTODY Defendant/Petitioner QRDER OF COURT You, KEVIN L. MYERS, Respondent, have been sued in court to obtain custody, partial custody or visitation of the minor children: MARIA ARDELLA BREINER MYERS and MASON EUGENE BREINER MYERS. You are ordered to appear in person at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania on .2000, at o'clock _.M. for u a conciliation or mediation conference. u a pretrial conference. u a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. 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 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Date: J. .' . .J()hnson~ Duffie, Stewart & Weidner By: KeiTsten W. David!>on LD. No. 78243 301 Market Street P. Q. Box 109 LcmoYl1e, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Defendant/Petitioner KEVIN L MYERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent NO. 98-6343 CIVIL TERM v. CIVIL ACTION - LAW JANET L. BREINER, IN CUSTODY Defendant/Petitioner PETITION TO MODIFY CUSTODY Petitioner, Janet L. Breiner, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, hereby files this Petition to Modify Custody and in support thereof avers as follows: 1. Petitioner is Janet L. Breiner, hereinafter referred to as "MOTHER," who is currently residing at 967 West Trindle Road, Lot 9, Mechanicsburg, Pennsylvania 17055. 2. Respondent is Kevin L. Myers, hereinafter referred to as "FATHER," whose last known address was 938 Pisgah State Road, Shermansdale, Pennsylvania 17090. 3. MOTHER and FATHER are the natural parents of two minor children, MARIA ARDELLA BREINER MYERS, age four, whose date of December 27, 1995 and MASON EUGENE BREINER MYERS, age two, whose date of birth is September 21, 1997. 4. On or about November 9, 1998, FATHER filed a Complaint for Custody and the matter was referred to Cumberland County Custody Conciliator, Dawn Sunday. 5. At the above referenced conciliation, the parties were able to reach a mutually acceptable arrangement with respect to custody of their children. A copy of the Court Order dated December 21, 1998 is attached hereto and marked as Exhibit "A," .' . 6. One of MOTHER's most serious concerns, which was addressed at length at the custody conciliation before Dawn Sunday, involved FATHER's transportation of the children given the fact that his driver's license had been suspended. 7. The parties and their counsel agreed that FATHER would do no transportation of the children while his license was suspended, rather FATHER would secure the services of a driver for all pickups, drop- offs, and for any other time that he needed to transport the children. 8. FA THER's driver's license is still suspended. 9. Despite the above, FATHER continues to drive alone with the children which is in direct violation of the parties' agreement to the contrary, and which is illegal. Attached hereto and marked as Exhibit liB" is a report from Private Detective William C. McLaughlin, Jr., who has observed FATHER on at least two recent occasions driving the children in his own vehicle. 10. FATHER is aware that transporting the children in this matter is violative of the parties' agreement. As evidence of this, when FATHER arrives for custodial pickups and/or drop-offs he always has a driver with him and is riding in the passenger seat. However, soon after FATHER leaves with the children and is out of MOTHER'S sight, the driver pulls over, FATHER puts the children into his own car and FATHER alone drives off with them. This blatant deception on FATHER's part is anything but in the best interests of the children. 11. Another one of MOTHER'S concerns which was expressed at the parties custody conciliation was the fact that FATHER had expressed little interest in the children since their birth. 12. Due in large part to FATHER'S adamant insistence that he had been prohibited from visiting with the children, but was now prepared to be a "full time dad" and wanted desperately to play an active role in the children's lives, MOTHER agreed to a custodial schedule designed to gradually phase FATHER in to the children's lives. 13. Contrary to FATHER'S representations however, since the parties' Custody Order dated December 21,1998, FATHER has never exercised his full custodial segments as specified therein. . . 14. More specifically, Paragraph 13 of the parties custody order provides that FATHER is to have the children every Wednesday from 4:00pm until 7:00pm, however FATHER has not visited with the children on a Wednesday since early March of 1999. 15. Paragraph 5 of the parties custody order provides that FATHER shall have the children for one week in June, one week in July and one week in August, however FATHER has never exercised a full week visit with the children since the order's inception. 16. Despite FATHER'S lack of consistency, he continuously tells MOTHER to have the children ready per the court order, and then with little or no notice, FATHER cancels his custodial periods or returns the children whenever it is most convenient for him. 17. This has caused great conflict for MOTHER and the children, as they are never sure when FATHER may appear to exercise his periods of partial custody. nor are they sure when FATHER will decide to return the children to MOTHER. 18. Because of this, whenever FATHER has the children MOTHER can never make any plans for fear that FATHER may return them at any minute. WHEREFORE, MOTHER respectfully requests that this Court enter an Order: 1. Prohibiting FATHER from transporting the children in any vehicle until his suspended driver's license is returned; or in the alternative 2. Order that FATHER's periods of partial custody be temporarily suspended until his driver's license is returned; and 3. Remove the Wednesday evening segment from FATHER'S periods of partial custody with the children; and 4. Require FATHER to give MOTHER at least 24 hours notice prior to canceling a custodial period or returning the children except in cases of emergency. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: i_~ W~ Keirsten W. D'avidson VERIFICA T/ON I, Janet L. Breiner, do verify that the statements made in the foregoing Petition to Modify Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dated: tv - L~9o " 0 () /~/ ~ y~ ~V~ ".'/~'. Janet l. Breiner .. ~'. EXHIBIT "A II ~l t' q ',' ',~.'" I \, (I ' \' ] , , ,~._-""... ") \\.../ ) j " IJ ......- ..........l J ' KEVIN L. ,M'lERS, Plaintiff , : IN 'rHE c:buRT OF COMMON PLEAS OF : ctlMBE'.RLANO COUN'1'Y, PENNSYLVANIA II . ' . I vs. : NO. 98-6343 CIVIL TERM : CIviL ACTION - LAW I JANET L. BREINER, Defendant , IN CUSTODY " CIUlER Of? <XXJHT ~ tDl, this .JI,..,J- day of ~ , 1998, upon consideration of the attached Custody Conciliation Report, ft is ordered and directed as follows: 1. The Father, Kevin L. Myers" and the Mother, Janet: L. Breiner, shall have. shared legal oustody of Maria Breiner Mye~s, born Decenber 27, 1995, and ~a.son Breiner Myers/ born September 21, 1997. . Each parent ahall have an equal right, to be exercised jointly with the ,other parent, to make all major non-eme~ency decisions affecting the Childrents general well-being inclUding, but not limited to, .,,11 decisions regarding their health, education and religion. I 2. ,The Mother shall have pdl'(lary physical dustody of the Chilaren. , ' 3. The Father shall have par~ia1 tDysica1 custody of the Children in accordanqe with the following schedule: '. , , . " I . ",' . :.- . . -: . . I rl '. . , 00 SUnday, Deceni:ler 13, 1998 from 10:00 ,a.m.. until 7:00 p.m. , . , On Saturday, December 19, ,1998 fr:"(ml lO:Qp a~m. until 7:00 p.m. Fr:;cm Saturday, January 2, 1999 at 10:00 a.m., .Until Sunday, January '~'1 1999 at 7100 p.m. ' From Saturday, January 16/ 1999 at . 10:00 a.m. l.D1til SUnday, January 17, 1999 at 7: 00 p.m. Saturday, 30, , 1999 10:00 From January at a.m. ' until Sunday, January 31, 1999 at 7:00 p.m. B9)1Ming on Februar:y 12, 1999, the Father shall have. custody of the Children on alternating weekends frc:m Friday. .at 4:00 p.m. through Sunday at 7:00 p.m. Beginning on. December 16, 1998, the Father shall also have custody. of the Children everywedheSday from '4:,00 p.m. until 7:00 p.m. 4. I' The parties shall shar~: or 'al tern ate ' havi~g' custody of the Children on holidays as follows: ' I 1.1 I .,' , '. ' ! .". A. Christmas. 1998:!n 199.8, ~he F~~~er .~~li have custody of the Children fromChristma.s Day at 2:00 ,p.m. until December 26 at 6:00 p.m.' . ' ',',. . . . ,., . . ~;',. . B. Easter/Thanksgiving: The . Mother shall have custody of the Children every year on Easter SUnday fran 9:00 a.m. until 7:00 p.m. and the. Father shall have custody of the Children every year on Thanksgiving Day fran 9:00 a.m. U!!til .7:00 p.m. - . - c. Alternating holidays: The Fatner shall have custody of the Children fran"9:00 a.in. until 7;00 p.m. on MeIrorial Day and Labor Day in odd numbered years and on July 4 in even numbered years. The Mother Shall have 'custody of the Children from 9:00 8.m. until 7;00 p.m. on Memorial Day and Labor Day in even numbered years and on .1uly 4 in oOd numbered years. D. Mother's Day/Father's Day: The Mother- shall have custoOY of the cn.ildren every year on Mother's Day frc:xn 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Fathez::'e nay fran 9:00 a.m. until 7:00 p.m. E. Children's Birthdays: . Tt1,e non':'custodial parent shall have a periOd of ~toOy:'tor up to three hours with each Child. on l1is. or he~_- birth~y. ." 8Qwever: I the period of custody -J.?l1der d.1is, - -- provision. shall. not exceed one-half of the Child's non-school., time on the birtllday. -. , F. The holiday custody. schedule shalf supersede and. take precedence over the regular' custody schedule. S. The Fatner sha.l.l have sunrner- vacation pedods of custod'y with the Children in 1999 for the first week in June, the first week in July I and the first week in August:. The Father' S regular periods of alternating weekend Cl,lStody and Wednesday e~Qning custody shall continue through the surrmer. 6. The parties shall continue to cooperate in attempting to reach ongoing custody arrangements for future years over the Christmas holiday . and the suzrmer school break. 7. '!'he parties shall notify each other of the identity of any third par:ty careghers who are providing care for the Children during- his or her periods of custody. . s. This Q40er is entered pursuant to an agreement of the parties -;t a CUstody Conciliation Conference. The parties may modify the provisions of this Ordet:' by mutual conaent. In the absence of mutual consent I the terms of this order shall control. TRUe COPY FROM RECORD BY THE CDURT, IA T~muny \'Jharoof. I here \mto set my h,afld . and too sea! of ~.aid C~u't at Cal.rij~l~, Pa. This .:.?J) day Of~199f - ( ~v.- Q:~t#'.. -Isl-4~ c: ~ Prothonotary . cc: Gregory S. Hazlett, EsquIre - CoUl'l.gel for Father Keirsten L. Davidson, Esquire - Counsel for- Mother J. KEVIN L. ~, Plaintiff ': IN THE COURT OF CCJt!1MCl'l PL~ OF -: CUMBERLAND cotJNfi, PENNsn. V1lNIA A '. va.. : NO. 98-6343 CIVIL TEaM JANET L ~ ..BREI~, Defendant : CIVIL ACTIoN -- LAW : IN CUSTODY u.J:S'J.'CVx cncILIATIOO ~ REPCRl' IN Ao::amANCB WITH CDmERLAND CXDll'Y RIlLE OF CIVIL PBCXEXJRE 1915.3-8, the undersigned Custody Concilia.tor submits the following repo~t: 1. The pertinent information concerning the Children who. are the ' subjects of this litigat~on ,is as follows: . ~ .DATE OF BIRl'H crJRRENrLY...IN CuS'lOO!' OF -- Maria Breiner Myers Mason_Breiner Myers 12/27/95 9/21/97 Mother Mother 2. A Conciliation COnference was held on December 10, 1998, with the following individuals in 'attendance: The Father, Kevin L. Mye:r:s, with his cOunsel, GregoJ:y ~ HaZlett, Esquire; and the Mother, Janet..L. ~einer, with her counsel, Keirsten L. Davidson, Esquire. 3. _ The parties agreed to entry of an Orc.'ler in the toen as attac:hed. ~ IJ; /c;.9{ Date f)~ Dawn SA Sunday,. Esquire CUetody Conciliator EXHIBIT US" .,' AM~1lJUjV jJO/VJt:;'11f;AI1UlV RA:,'UUJ(l,'A~' Office: (717) 761-3532 Fu: (717) 761-3780 Wi1/ialll. C Mr:LBugb/iu. J.r. Pri>>Ite Delee/iYe P A. License # !J8-J% Misc. nttp://www.kasuol.com/air Pager: (71.7) 3OS-38S2 E-M,iJ Ilb'/JiU@ptd.fJef June 17. 2000 Janet Breiner 967 West Trindle Road Mechanicsburg, P A 17055 re: Kevin Lee Myers Dear Ms. Breiner, According to your request of June 1,2000 this agency performed a surveillance of Kevin Lee Myers. This agency was requested to perf"onn a surveillance at 1600 hours on June 2, 2000 in Mechanicsburg, Pennsylvania on Mr. Myers to see ifhe was driving a vehicle with the children inside the same vehicle. Friday, June 2, 2000 At 1530 hours, a position for surveillance in the Grandpa Growlers Restaurant parking lot was established and all video equipment was in place. At 1558 hours, Ms, Breiner was observed and videoed pulling into the Uni Mart parking lot in Mecbanicsburg. Pennsylvania. The vebick: pulled forward and backed into a parking place. The client as well as both children were observed and videoed. At 1604 hours, a white two door Acura Integra, bearing Pennsylvania plate number BHR3078, pulled into the Uni Mart parking lot next to the client. Mr. Myers was the passenger of the vehicle. After putting the children in the vehicle. investigator followed the vehicle containing Mr. Myers and the children. At 1617 hours, the vehicle pulled into the parking lot of America Choice Bank. The bank parking lot is next to the Pizza Hut Restaurant on route 114 and in the Wal Mart Complex. The vehicle pulled next to a red Ford truck with a beige stripe down the side (see video). The female driving the vehicle exited the drivers side of the vehicle and walked to the Pizza Hut Restaurant. Mr. Myers and the children exited the vehicle from the passenger side. The children were playing in the vicinity of the vehicle while :MI. Myers pulled two child safety seats from passenger side ofthe vehicle (see video). Mr. Myers put both child safety seats in the truck. At 1619 hours, Mr. Myers put both children in the truck and moved to the drivers side door of the truck. Mr. Myers was observed and videoed pulling what appeared to be car Post ODice Box 1395 Camp Hill PA 17001 ,,- ... keys from bis right pocke~ walking to the white vehicle, walking back to the truck~ entering the truck and backing out of the bank parking lot. With the children inside, Mr. Myers was observed and videoed driving the truck with the children inside through the WaI Mart parking lot. Due to heavy traffic the truck's position was lost as he exited the parking lot. At 1625 hours, surveillance was tenninated. FridaYt JUDe 16,2000 At 1520 hours, investigator established an optimal surveillance position directly across from the parking lot of America Choice Bank. The bank parking lot is next to the Pizza Hut Restaurant on route 114 and in the Wal Mart Complex. At 1535 hoW"S, a white two door Acura Integra, bearing Pennsylvania plate number BHRJ078 pulled into the parking lot of America Choice Bai1k. The female driving the vehicle exited the drivers side of the vehicle and walked to the Pizza Hut Restaurant. At 1541 hours, the female driving the vehicle returned to the vehicle and sat on the curb. She had what appeared to be a soda in her hand. After several minutes the female stood up and entered her vehicle. At 1556 hours. the female was observed and videoed performing a three point turn in her vehicle, returning to a reversed parking position and continued to wait in the vehicle. At 1603 hours, the subject (Kevin Lee Myers) was observed and videoed arriving at the parking lot of America Choice Bank in a red Ford truck with a beige stripe down the side. After parking the truck he exited his vehicle and immediately entered the white two door Acura Integra. The white Integra left the area immediately after the subject entered the passenger door (see video). At 1619 hours, the white two dOOI Acura Integra was observed and videoed returning to the America Choice Bank parking lot and parking next to the Ford truck. The female who was driving the white Integra exited her vehicle and was observed and videoed transferring a child safety seat :from the rear drivers side of her vehicle to the truck area. The subject was observed and videoed exiting the passenger side of the white two door Acura Integra and transporting a child safety seat from it to the F oId truck. (see video). At 1625 hours, the subject appeared to pick up the female child and put her in his vehicle. The subject then walked around to the rear and the back of the Ford truck The subject opened the drivers side of the door. It appeared that the subject was talking on a cellular phone while walking and when he entered his vehicle. At 1628 hours. the subject was observed and videoed driving his vehicle and leaving the parking lot of America Choice Bank. ",. . , . . . . At 1630 hours, surveillance was tenninated. A copy of the surveillance video is included with this report. All original surveillance video is kept by this office for a period of three years in a locked environment. After three years the video and report are destroyed. If you or your legal counsel deem it necessary to view the original video tape, it will be made available to you at your request. At no time was the video tape altered Or spliced in anyway. Should you need our testimony in a court of law Of deposition, we will be happy to assist you. As of this writing no further investigation will be performed unless specifically requested by you. If you or your attorney have any questions regarding this report or the surveillance video please do not hesitate to call me. Thank you for the opportunity to work with you. '~ Sincerely, \....... -. " ..... '-. '" ". ~~ ".""'" . .0:'0......,. ":'\ , ". ",-~,-,-~", <~~~.~- William C. McLaughlin Jr. .~ \J lr1vestigator '~ :. KEVIN L. MYERS , . IN THE COURT OF (OMMCN PLEAS OF . Plaintiff . CUMBERLAND <XXJN'l'Y, PENNSYLVANIA . . . vs. . NO. 98-6343 CIVIL TERM . . . JANIIT L. BREINER, CIVIL ACTION - LAW Defendant . IN CUSTOOY . aIDBR OF WJR'l' AND N:Ji, this jrJ~ consideration of the attached and dh:ected as follows: day of ~ , 2000, upon CUstody ~~c:ili"ation Report, it is orc:3ered 1. The prior Order of this COurt dated December 21, 1998 is vacated and replaced with this Order. 2. 'ltle Father, Kevin L. Myers, and the Mother, Janet L. Breiner, shall have shared legal custody of Maria Breiner Myers, born December 27, 1995, and Mason Breiner Myers, born September 21, 1997. Each p2rent 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 decisions regarding theil:' health, education and religion. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial P'1ysical custody of the Children on alternating weekends from Friday at 4:00 p.m. through Sunday at 7:00 p.m. In addition, during weeks when the Father notifies the Mothe!:' by the preceding Monday at 6:00 p.m. that he intends to exercise his period of custody on the following Wednesday, the Father shall have custody of the Children on Wednesday iran 4:00 p.m. until 7:00 p.m. 5. '!he parties shall share or alternate having custody of the Children on holidays as follows: A. CBR:CS'DfAS: ftle Christmas holiday shall be divided into Segment A, which shall run fran Christmas Eve at 2:00 p.m. throll<Jh Chdstmaa Day at 2:00 p.m., and segment S, which shall run fran Christmas Day at 2:00 p.m. through December 26 at 6:00 p.m. The Mother shall have custody of the Children duriI19 Segment A in even nt;lIT1bered year.'s and dm:'ing Segment B in odd numbeJ:'ed years. '!be Father shall have custody of the Children durin9 Segment A in odd numbered years and during Segment B in even numbered years. B. ~: 'ltle Mother shall have custody of the Children every year on Easter SUnday fran 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Chiloz:en every year: on Thanksgiving Day frCtll 9:00 a.m. until 7:00 p.m. c. ALTmNATING OOLlDAYS: The Fathez: shall have custody of the Children fran 9:00 a.m. until 7:00 p.m. on Memorial Day and taboc Day in odd numbered years and on July 4 in even J'lUITbered years. The Mother shall have custody of the Children from 9:00 a.m. until 7:00 p.m. on Memorial Day and Labor Day in even numberea years and on July 4 in odCJ numbered years. D. tlIJl'8ER1S DAY/PNmBR'DAY: '!he Mother shall have custody of the Chl1dren every year on Mother's Day fran 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Father's Day fran 9:00 a.m. until 7:00 p.m. E. CHII.Jl;U!:N1S BIR'l'HDAYS: The non-custodial parent shall have a period of custody for up to three hours with each Child on his or her birthday. However, the period of custody under this provision shall not exceed one-half of the Child. s non-school time on the birthday. F. The holiday custody schedule shall superseOO and take precedence over the regular custody schedule. 6. Beginning in 2001, the Father shall have sumner vacation periods of custoay with the Children for the first week in June 1 the first week in July, and the first week. in August. For purposes o:f this provision, the first fReek of each nonth shall be deetned to bagin on the :first Friday of eadl IOOnth. In 2000, the Father .shall have custocly of the Children from Friday 1 July 28 at 4:00 p.m. through SaturrlaYI August 5 at 9:00 a.m. The Father's regular periode of alternating weekend custody and Wednesday evening custody shall continue through the st.mners. 7. '!he Father shall not tetminate his periods of partial custody with the Children earlier than the time specified in this Order except upon providirq at least 24 hours advance notice to the Mother and with the Mother's consent. 8. The Father shall not drive with the Children in the vehicle while his driver's license is suspended. 9. In the event either P"l'ty intends to remove the Children from his or her residence for an ovemight pericXI or longer, that party shall provide advance notice to the other party, along with the address and telephone number where the Children can be contacted. 10. The parties shall notify each other of the identity of any third party caregivers who are providing care for the Children during his or her periOds of custody. 11. This Order is entered pursuant to an agreement of the parties at a .> CUstody Conciliation COnference. The parties may modify the pcovisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. J. cc: Gregory S. Hazlett, Esquire - Counsel for Father Keirsten W. Davidson, ESqUire - counsel for Mother S COf~ l'Yl~t Is..s:L ""fIJI/co ~ KEVIN L. MYERS, Plaintiff : IN THE COURT OF OOMMGI PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . va. NO. 98-6343 CIVIL TERM . . JANET L. BREINER, Defendant : CIVIL ACXrOO - LAW : IN CUSTODY PRIeR JUDGE: PiIward E. Guido CIJ5'l'()W tnfCILIATICfi SOIfo1ARY REP(Rr m ~ WITH CDSBEBLAND CCQl.LY ROLE CF CIVIL l?ROCEDVRE 1915.3-8, the undersigned CUatody COnciliator submits the fOllowing report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OP BIRTH CUllRI!N.I!Ly IN aJS'.l\:DY CR Maria Ardella Breiner Myers December 27, 1995 Mason EUgene Breiner Myers September 21, 1997 Mother Mother 2. A Conciliation Conference was held on July 19, 2000, with the following individuals in attendance: The Father, Kevin L. Myers, with his counsel, Gregory S. Hazlett, Esquire, and the Mother, Janet L. Breiner, with her counsel, Keirsten W. Davidson, Esquire. 3. The parties agreed to entry of an Ol:"der in the foz:m as attached. M (rl ~OO() Date C:~ (i , .o.awn s. sunday, S6qu~re CUstody Conciliator n~ \ ~ \ G.I % \ fllg \ ~ ~.~\~ t""' . \ \",~~6" t. la~ \ \\ \ \ ~ ~U(,)%~ '6 u:> ~ .... ~, .:< >:1'\O_?l ~ e. ~ \ ~~ ~ t>'l ~... 'i ;.>. UI F,. . ~n" a. ~ 'a ~ \ \\ \ . f},;~'IJ1'a \- ';; \... \ ':l" ~ ~ t.~. ~ rt\ t""'~' Of' 1$' ~ l,I1 \lll \ a\ \ ~ tQ~ ~~V:1S~ rr \~~ ::jl(t%~d 0"" ~,~ ~~ V\ V\ , \ ~ .. " KEVIN L. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF C1Th1BERLAND COUNTY, PENNSYLVANIA vs, 98-6343 CIVIL ACTiON LAW JANET L. BREINER Defendant IN CUSTODY ORDER OF COURT AND NOW, this _.P,iK" day of _.N ~ ~ .,_' 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as (allows: 1. The parties shaH participate in a course of coparenting counseling with a professional to be selected initially by the Father. The purpose of the counseling shall be to assist the parties in developing sufficient cooperation and communication to enable them to effectively coparent the Children. The parties shall attend a minimum offout joint sessions. The parties shall follow the recommendations of the counselor concerning the frequency and duration of sessions. The Father shall be responsible to pay all costs of the counseling. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated July 30, 2000 shall continue in effect as modified by this Order. 3, BcgiWling November 14, 2003, the Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 pm through Sunday at 8:30 pm and every Wednesday evening from 6:00 pm until 9:00 pm. All exchanges of custody under this provision shan take place al the UniMart on Route 114 in Mechaniscburg, unless otherwise agreed between the parties. 4. Beginning on the Father's first alternating weekend in January 2004, the Father shall have custody oftbe Children on alternating weekends from Thursday at 6:00 pm through the following Monday morning when the Father shall transport the Children to school, and 011 the interim alternating Thursdays from 5:00 pm through 8:00 pm. All exchanges of custody under this provision shall take place at the Children's school, with the exception of the return exchange on alternating Thursday evenings at 8:00 which shall take place at the UniMart in Mechanicsburg unless otherwise agreed between the parties. The parties agree that the partial custody schedule shall progress from the arrangement set forth in paragraph 3 of this Order to the schedule in this provision only on the condition that the Father has not been late (with reasonable allowance for emergencies or other circumstances heyond the Father's control) for allY exchange of custody. In the event the Father has failed to appear on time for an exchange of custody tUlder paragraph 3 of this order, the schedule shall continue without expansion pursuant to that paragraph. . " , . 5. At the Mother's request, the parties agree to exchange weekends in December 2003 so that the Mother will havc custody of the Children ovcr the weekend beginning December l2 and the Father shall have custody over the weekend beginning December 19 (and again the following weekend under the regular alternating schedule). 6.Under the Christmas holiday schedule, the beginning and ending times for Segments A and B shall bc 6:00 pm, rather than 2:00 pm. 7. Beginning in 2004, the Father's summer vacation periods shall take place during the sccond wecks of June, July and August. 8. Both parties shall ensure that the Children are transported jn booster seats when either party is driving with the Children during his or her periods of custody. 9. Counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference within six months of the date ofthis Order to review the custody arrangements. 10. This Order is entered pursuant to an agreement ofthc parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tenus of this Order shall control. Edward E. Guido J. cc: -r. Palmer Lockard, Esquire - Counsel for Mother ..Kevin L. My""'. Father " Z# J..- ~ II. JlJ-03 J . . KEVIN L. MYERS, Plaintiff 1N THE COtJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANT A VS. 98-6343 CNIL ACTION LAW JANET L. BRElNER Defendant IN CUSTODY Prior Judge: .Edward E. Guido CUSTODY CONCIIJATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation concerning the Children who are the subjects of this litigatjon is as follows: NAME DATE OF BffiTH CURRENTLY IN CUSTODY OF Maria Breiner Mycrs Mason Breiner Myers December 27, 1995 September 21, 1997 Mother Mother 2, A Conciliation Conference was held on November 12,2003 with the following individuals in attendance: The l~ather, Kevin L. Myers, who is not represented by counsel in this matter, and the Mother, Janet 1. Breiner, with her counsel, 1. Palmer Lockard, Esquire. 3. The parties agreed to entry of an Order in the fonn as attached. IV ()l:!f:..,yJ;U.." I '-I .,;Joe)..~ , Date f), A L1 '-~~ CZJ2ff- Dawn S. Sunday, Esquire Custody Conciliator ..- , \ ~\ , \ ~ ~ t;4 ~ vJ \ \\ r . Mj\ ~ ~ \ ,\ % \~ g.~1~~ \\ i~ ~ ~~ \ ~ l:> ~..... . ~. .6"'" ~ ~ %"\\ t/l'A~~~ ~ ~~'3.' 'F \ 10" ~ ~ ~. ;. " 't$l \ I-h ~~~~~ ~ \\ ~~~~Ct ~ 0"" <'o::l ~ z:. ~ Vl \J'1 \ \\ .\ \ ~ 1\ \ \ ; \ KEVIN L. MYERS Pf.ALNTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND CO{JNT~, PBNNSYLV ANIA V. 98-6343 CIVIL ACTION LA W JANET L BREINER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, .._. Th.~rsday, Ott~~er 09, 200~_ J upon considem.tion of the attached Complaint. it is hereby directed that parties and their respecLive counsel appear before _ Dawn S. SUDd~J...~sq.., the conciliator, at 39 West Main ~trect, Mee!!anh:sburg."~A 17055 _ 011 Wednesdlly.L~oveJJtber 12, 2003__._ at_~g~M for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues jn dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and 10 enter into a temporary order. An children aAe five or older may also be present at the conterence. l'ailurc to appear at the conference may pmvide grounds for t.'Iltry of a temporary or permanent order. The court hereby directs the l)arties to furnish any and all e~i!'itin2 Protcdioll from Abuse orders, SpeclalRelief orden, and Custody orders to the conciliator 48 hours prior to scheduled hearin~. FOR THE COURT, By: .jsl . Dawn 5, Sunday,. Esq. Custody Conciliator v The Court of Common Pleas of Cumberland Co\mty is required by law to comply with the Americans with Disahilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individual~ having business hefore the court, please contact our office. 1\11 atisngernents must be made alleast 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 AITORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANN<Yl' AFFORD ONE, GO 'fO OR TELEPHONETI-IE OFFICE SET FORTII BELOW TO FIND our WHERE YOU CAN GET LEGAL HEYJ', Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Tckphone (117) 249-3166 " Df'7 2003 KEVIN L. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 98-6343 CIVIL TERM JANET L. BREfNER, Defendant : CML ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator. at on the day of 200_, 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 children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR 'mE COURT, By: Custody Conciliator v~ ~ KEVIN L. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 98-6343 CIVIL TERM JANET L. BREINER, Defendant : CIVIL ACll0N - LAW : IN CUSTODY ORDER OF COURT You, Kevin L. Myers, respondent; have been sued in court to modify custody, partial custody or visitation of the children: Maria Breiner Myers and Mason Breiner Myers. You are ordered to appear in person at . on , at ,_, _.M., tor o a conciliation or mediation conference, o a pretrial conference, o a hearing before the court. Tryou fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB ALA WYER OR CANNOT AFFORD ONE, GO TO OR TEELPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR AS SOCIA nON 2 Liberty Ave. Carlisle, PA 17013 (717) 239-3166 AMERICANS WITH DISABILITJES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations availa.ble 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. BY TIlE COURT: Date: J. KEVIN 1. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 98-6343 CML TERM JANET L. BREINER. Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER 1. The Petition of Janet Breiner respectfully represents that on July 30~ 2000, an Order of Court was entered for Partial Custody~ a true and correct copy of which is attached. 2. This Order should be modified because the father, Kevin Myers. has failed to follow the visitation schedule set forth in the Order. The father has failed to exercise his partial custody rights on the days and times specified in the Order. WHEREFORE, Petitioner requests that the Court modify the existing Order for Partial Custody because it will be in the best interests ofthe children, DATE: /0/1/8 J i ( 1 U .-:-=t-.- er Lockard' .~. arr1sburg Civil Law Clinic 2300 Vartan Way Harrisburg, P A 17Il 0 (717) 541.0320 I verily that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to WlSwom falsification to authorities. DATE: 9- //- 03 , J'~'~ /Jf5 - &; b~ Jf-d ~ B. ~: ille Mother ehall hatre custody of the ~ Children every year on Easter sunday fran 9:00 a..m. until 7:00 p.m. and the Father shall have custody of the Children every year CX\ Thankagivinq Day fran 9:00 a.m. until 7:00 p.m. AL~ SLIDAlS: ~e Father shall have cust.ody of the Children fran 9:00 a.m. until 7:00 p.m. on Men-orial Day ana Labor Day in odd nunbered years and en July 4 in even nUllbered years. 1be Mother shall have custody of the Children fran 9:00 a..m.. until 7:00 p.m. en Memorial Day and Labor Pay in even nJ,mi)Ced years and a'1 July 4 1n odd numbered yeara. . . k~. \h~ }... ?''' D. . \'l" ~f' ""I' A'" ~:; S. ~~~ .>or :it "'ltJ" ~~~ u "*~ ~ ".. of Pi1fb&K1S DlY/!"Id'BBa'DIY: 111e MOther .shall have custody of the ChUClren every year a1 ~ot:herI8 Day !ran 9':00 ~.m. until 7:00 p.m. and the Father shall have custody of the O1i1dren every year en Father's Day fran 9:00 a.m. until 7:00 p.m. ~IS BIRTBDAYS: 'ltl.e r'1On-CU8todial parent: shall have a p&l"iod of custody far up to three hours with each Child on his or her birthday. However, the pe1:'iod of custody U1der this provision shall not exceed one-half of the Child' s non-school time CXl the birthday.. F. 1he ho11Clay custoCJy echedule shall super.sede and take pr:ecedence over the regular custody schedule.. 6. Beginning in 2001, the Fathc shall have SUItIIII;I): vacatiQrl periods of . custody with the Children for the first week in June, the first week in July, am tl'Ie! first. week in August. FIX' purpose of this provision, the first week of each month shall be deemed to begin a'1 the first Friaay of eac:h mnth. In 2000, the Father shall have custody of the Children fran Frit3ay, July 28 at 4:00 p.m. through Saturday, AU;USt: 5 at 9:qo a.m. '!'he Father's regular per10da of alternating weekend custoc1y and Wednesday evening custcdy shall oc:atinue through the Sl.1IDD8J::'S. . 7. ~ lathe' 'shall not terminate his periods of partial custody with the Ctlildren earlier than the time specifieCI in this Order except upon providi~ at lea@:t 24 hours advance notice to the Mother and with the Mother's consent.. \)6('\~"\:)0 ~\=-, " . . . 8. '!'he rather shall not drive with the Children in the vehicle while his ddverJs license is $USp8l1ded.. ~~\~''l~ \('.1,\'" ~'.\~ 9. In the event either party intends to reJWve the Children fran his or her reeidenoe for an overnight period or longer:, that party shall provide advance notice to the other party, along with the address and te18filone nutrber where the Children can be c:ontacted.'\:W'\ c90 ~,~ . . ' 10. me parties shall notify each other of the identity of any third pax1:y caregivers who are providing care for the Children during his or her periodB of C!USt:ody~-r c90 ~ibl . 1l. ,'!'his ~ is entered pursuant to an agreement of the parties at a l : { '/ -It ;' .I CUStody Q:)nciliation conference. The parties may modify the provisions of this Ot'der by mutual consent. In the absence of mutual consent, the terms of this QJ:Oer shall control. / BY 'l'HE OXIRT, ...~ ~~. -p~~C-- , E. Gu:u5o, J.. CC: Gregory S. Bulett, Esquire - CDunsel for Father Keirsten W. Davidson, Esquire - Counsel for Mother ".1 TRUE COpy FROM' RECORD In Testimony whereof. , hGrs,urito set my'hand aI1d \Ill Mal 01 said ~1IIe. Pa. '- ~'"/d::: ~~Yf!- ~ ~P'- .,., ttonotary . ... "( " ~ t~[p>y KEVIN L. MYERS,' plaintiff : IN TBE o.xJRT OF COMMOO PLEAS Of! : CUMB!m,AND c:cxINT!i, PENNSYLVANIA : Vf500 : NO.. 98-6343 CIVIL TERM . .. JANET t... BREINER, Defendant : CIVIL ACTICN - tAW : m CUSTODY "., .. amm. OF CX1JRf' ANO bUI, this .3o~ day of .. J~"'P. I 2000, upon consideration of the attached CUstody Co~liat~on Report, it is o1:dered and directed as followa: i:l II) (C CD A 1. The prior Ot:der of this court aated December 21, 1998 i8 vacated and replaced with We order. 2. !!he Father, Kevin L. Myers, anCI the MOther, JMlet L. Breiner, shall have shared legal CU5tody of Marie. Breiner Myers" born vecember 27, 1995, anP Mason Breiner MyeJ:S,born 5epterrtJer 21, 1997. Each parent shall have an equal right, to be exercised joinUy with. the other ,parent, to make all. major ~ency decisions affecting the Children's general' well-bein;J including, but not limited to, all decisions regarditx,J their health, education and nligion. ~ CD 8 :3 CD 3. 1M Mother shall ~ve pri.ma.tr physical custody of ,the Children. 'l-'~ ';,..~ ~~ M- ~ .~. ,,~ ,.~ .'" A. ~: 1be Q'Jristmas holiday shall be divided into Segment A, which shall run frOll Chris'bnas Eve at 2:00 p.m. through Christmas Day at 2:00 p"m.~, and Segment B, \t1ich shall run !ran Christmas Day a.t 2:00 p.m. through DecaOOer 26 at 6:00 p.m. '!he .to1other shall have custody ot. the Children d\n:'in; Segment A in even n~ed years ani during segment B in odd ntmCered years. The Father shall have custOdy of the Ch11c3ren dUring Seqment A in cOd nutbered years and during segment B in even numbered years. <;'''0,)\6) ~,t)'~~ <&~i\\e., ., ~.. . .~ ,. . ~ , iU:i V JJ.'l I.. (t1.Y.~ 1 Plaintiff : IN '.rHE OXJRT OF ~ PLEAS OF : ClJMBERLAND CCXJNTY, PENNSYLVANIA . . vs. : NO. 98-6343 CIVIL TERM . . JANETt. BREINER, Defendant : CIVIL AC1ICN - rJl.W : IN aJSTODY ;rllt ~ JODGB: ~ E. Q11Ct:) UJS'lOux c:x:JaLIAfiai stIH\RY REfCRr IN ~ wrm CDIBERl.AND (Ua:tY ROLE OF CIVIL ~ 1915.3-8, the undersigned custody Conciliator subnits the following report: 1. The pertinent infoz:matioo concerning the Children who are the subjects of this litigation is as follows: ~ DAm CR BIR1'B aIRRI!Nl'Ly IN UJSJ.Q)! C1I! Maria Ardella Breiner Myera Deceni:ler 27, 1995 MiUSOn aJgene Breiner Myers September 21, 1997 .Mother Mother 2. A CcX1CUiatia'l Conference was helC en July 19, 2000, with the follow~ indi vidua1s in atteneance; ihe Father, Kevin L. Myers, with his counsel, Gregory S. Hazlett, Esquiret ana the Mother, Janet L. Breiner, with her counsel, Keirsten W. Davidson, Esquire. . 3. !he parties agreed to entry of en Order in the fonn as attached. , ~ (1, &nOIJ Date -~ Pawn s. SU:r1c:by, ESq\1i.re OUItody COnciliator ~ ;~ IN ,- f. r t .J... 0 .-;;:- :.) F. <_,.1 --: i ~\J "":) -, .~~.;;.., .-) ~I ..... ~ ~~~ i , . ..c:. c C./' : , ~ -( w ~.~:~~:~ , ) ~ :7"H .... C': ~~~. ~~. .' \ ,; ~. C ).~ ; :,^' ','" _.~: \-~".l ;< 1:: .,...- P - KEVIN MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO. 98-6343 JANET BREINER, Defendant : CIVIL ACTION - CUSTODY PETITION FOR EMERGENCY ITERIM RELIEF AND NOW comes Kevin Myers, through his attorney Susan K. Pickford, Esq, and respectfully petitions this Honorable Court to grant emergency interim relief pending hearing on modification of custody and states the following in support thereof: 1. Petitioner is the Plaintiff in the above captioned case and the father of the minor children Maria Breiner myers (DOB 12/27/95) and Mason Breiner Myers (DOB 9/21/97). 2. Respondent is the Defendant in the above captioned case and the mother of the minor children named in paragraph 1. 3. Petitioner has filed a Motion to Modify Custody at this docket number seeking primary physical custody and shared legal custody. 4. On or about November 21, 2003 an Order of Court was entered by the Honorable Judge Edward Guido pursuant to the recommendation of the custody conciliator providing for periods of partial custody for father. (See attachment "A") 5. In the past several months, mother has increasingly denied father his custodial time with the children: a) On Father's Day, 2006, without knowledge or consent of father, mother sent Mason to Boy Scout camp with her current boyfriend. She did not inform father of the camping trip of offer for him to take the child. She did not inform father that Mason would not be with father on Father's Day until Father's Day morning when the child was already gone. b) The Order provides for father to have the children during the second weeks of June, July and August of the summer. (paragraph 7 of Attachment "A") Mother made the children unavailable duringJune of2006. c) During father's weekend, mother sent the children on a camping trip without consulting father. No alternative dates for father were permitted. d) Mother instructs the children not to answer the phone or call father back if they don't want to go with him. e) Mother has been scheduling activities for the children during father's time and giving them the "choice" of attending or going with father. f) Mother has refused to provide father with information regarding Mason's baseball practice and game schedule or contact information for the coach. g) The weekend of September 29th was father's weekend. Mother refused to answer the phone and denied father his custody time. h) Mother denied father time with Mason on his birthday on the 21 st of September. i) Mother has been consistently refusing to answer or return father's calls regarding visitation scheduling. 6. Mother has engaged in consistent efforts to alienate father and deny him court ordered custodial periods with the children. She has implied if not directly stated to the children that they do not need to see their father. 7. Father fears the loss of his relationship with the minor children if the current order is not enforced. While father has filed aMotion to Modify Custody seeking primary physical custody, the process of conciliation and hearings is lengthy and will extend through the holidays. WHEREFORE, Father respectfully requests this Honorable Court to enter an Interim Order ordering Mother's immediate compliance with the current Custody Order and any such other orders as the court deems appropriate in order to provide Father with access to his children. AN K. PIC 0 Law Offices of Susan 3344 Trindle Road Camp Hill, PA 17011 717-612-1660 Supreme Court ID # 43093 J<BVIN L. MYERS, Plaintiff vs. T OF COMMON PLEAS OF COUNTY, PENNSYLVANIA 98-6343 JANET L. BREINER Defendant IN CUSTODY ORDER OF COURT AND NOW, this p1tlf" day of tJ~. 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall participate in a course of coparenting counseling with a professional to be ,dected initially by the Father. The purpose of the counseling shall be to assist the parties in Jeveloping sufficient cooperation and communication to enable them to effectively coparent the :~bildren. The parties shall attend a minimum of foui' joint sessions. The parties shall follow the :',ecommendations of the counselor concerning the frequency and duration of sessions. The Father shall 'it: responsible to pay all costs of the counseling. 2. Pending further Order ofeourt or agreement oftbe parties, the prior Order of this Court dated July 30, 2000 shall continue in effect as modified by this Order. 3. Beginning November 14, 2003, the Father shall have partial physical custody of the Children 1m alternating weekends from Friday at 6:00 pm through Sunday at 8:30 pm and every Wednesday l~\'ening from 6:00 pm unti19:00 pm. All exchanges of custody under this provision shall take place at . he UniMarton Route 114 in Mechaniscburg, unless otherwise agreed between the parties . 4. Beginning on the Father's first alternating weekend in January 2004, the Father shall have l;l.stody of the Children on alternating weekends from Thursday at 6:00 pm through the following :\10nday moming when the Father shall transport the Children to school, and on the interim alternating '[hursdays from 5:00 pm through 8 :00 pm. All exchanges of custody under this provision shall take p I ace at the Children's school, with the exception of the return exchange on alternating Thursday (~\'enings at 8:00 which shall take place at the UniMart in Mechanicsburg unless otherwise agreed hf:tween the parties. The parties agree that the partial custody schedule shall progress from the :trrangement set forth in paragraph 3 of this Order to the schedule in this provision only on the (;cndition that the Father has not been late (with reasonable allowance for emergencies or other ci'cumstances beyond the Father's control) for any exchange of custody. In the event the Father has : :liled to appear on time for an exchange of custody under paragraph 3 of this order, the schedule shall (>2 ntinue without expansion pursuant to that paragraph. \' A II 5. At the Mother's request, the parties agree to exchange weekends in December 2003 so that he: Mother will have custody of the Children over the weekend beginning December 12 and the ; a her shall have custody over the weekend beginning December 19 (and again the following weekend m:ler the regular alternating schedule). 6.Under the Christmas holiday schedule, the beginning and ending times for Segments A and B ;naIl be 6:00 pm, rather than 2:00 pm. 7. Beginning in 2004, the Father's summer vacation periods shall take place during the second /1(elCS of June, July and August. 8. Both parties shall ensure that the Children are transported in booster seats when either party 5 iriving with the Children during his or her periods of custody. 9. Counsel for either party or a party pro se may contact the conciliator to schedule an ; djitional custody conciliation conference within six months of the date of this Order to review the : u ~tody arrangements. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation (: (mference. The parties may modify the provisions of this Order by mutual consent. In the absence of [wltual consent, the terms of this Order shall control. Edward E. Guido J. IX:...-r: Palmer Lockard, Esquire - Counsel for Mother ..-XevinL.Myers- Father " ~J.. ~ II- flJ-C/3 ~ EVIN L. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 98-6343 CNIL ACTION LAW r !\NET L. BREINER Defendant IN CUSTODY : I,:"" or Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation concerning the Children who are the subjects of this litigation is ;lS follows: 1 'lAME DATE OF BIRTH CURRENTLY IN CUSTODY OF V:aria Breiner Myers V~ason Breiner Myers December 27, 1995 September 21, 1997 Mother Mother 2. A Conciliation Conference was held on November 12, 2003 with the following individuals in attendance: The Father, Kevin L. Myers, who is not represented by counsel in this matter, and the !~lother, Janet L. Breiner, with her counsel, J. Palmer Lockard, Esquire. 3. The parties agreed to entry of an Order in the form as attached. _ /JO'~'f.A,JJ.</l ' ~ ~~o('),_3 Date /~. j' ~ ~,,><,...' C' Dawn S. Sunday, Esquire' . Custody Conciliator VERIFICATION I, Kevin Myers, verify that the statements made in the foregoing PETITION FOR EMERGENCY RELIEF AND MODIFICATION OF CUSTODY are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: /d -3 -P?OO? Kevin Myers KEVIN MYERS, Plaintiff vs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO~ 98-6343 : CML ACTION - CUSTODY JANET BREINER, Defendant AFFIDAVIT OF SERVICE I, Jaimie Arnold, the undersigned, hereby state that I served a Motion to Modify Custody and Petition for Emergency Relief in the above-captioned action upon Janet Breiner by personally handing same to her at 967 Trindle Road on the /fld- day of October, 2006. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ie Arnol r Law Offices of Susan K Pickford, Esq. 3344 Trindle Road Camp Hill, P A 17011 717-612-1660 ~ ........ ~ ~ ~ 1. -(q (} o C> ~ ~ ~ ........ tv r (") c:.::. s~r C/; ~: i~; Z -~---.i -( f"-.--'> <::::> = Cf'\ o n -t N W > :x o Il :-r..." rl1- -oh1 :.09 (:2{~ ~~ ~~ .u .< - . . a' " KEVIN MYERS, Plaintiff vs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-6343 JANET BREINER, Defendant : CIVIL ACTION - CUSTODY MOTION FOR MODIFICATION OF CUSTODY AND NOW comes Kevin Myers, through his attorney Susan K. Pickford, Esq, and respectfully moves this Honorable Court to modify the current custody order and grant him primary custody of the minor children and states the following in support thereof: 1. The Petitioner is KEVIN MYERS, who currently resides at 510 Louisa Lane, Mechanicsburg, Cumberland County. 2. Defendant is JANET BREINER, who currently resides at 967 Trindle Road, Mechanicsburg, Cumberland County. 3. Plaintiff seeks custody of the following children: Name Present Residence A2e Maria Breiner Myers 967 Toodle Road, Mechanicsburg 10 Mason Breiner Myers 967 Toodle Ro~, Mechanicsburg 9 The children were born to the marriage. The children are presently in the physical custody of plaintiff mother, who resides at the address in paragraph 2 in Cumberland County, Pennsylvania and has resided in Mecahnicsburg, Pennsylvania for the past year. During the past five years, the children have resided with the following persons and at the following addresses: 1. Mother 967 Toodle Road, Mechanicsburg 2001-2006 The mother of the children is Janet Breiner, Defendant, currently residing at the address in Paragraph 2. v She is single and living separately from Plaintiff. The father of the children is Kevin Myers, Plaintiff, currently residing at the address in Paragraph 1. He is single and living separately from Defendant. 4. The relationship of plaintiff to the children is that of father. Father currently resides alone. 5. The relationship of the defendant to the children is that of mother. Mother currently resides with the following persons: Children - Maria Myers Mason Myers 6. Plaintiffhas previously participated as a party in a custody action concerning the custody of the children in Cumberland COWlty at this docket in November, 2003. A copy of the order is attached hereto. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of any person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting father primary physical custody and shared legal custody of said minor children with appropriate supervised visitation to mother in that: a) Mother has engaged in a systematic effort to estrange the children from Father by encouraging them to avoid or ignore his phone calls to arrange his custody time, refusing to release the children to Father at his scheduled custody periods, scheduling the children for activities with her boyfriend during times Father is scheduled to have partial custody. b) Father is willing and able to care for the children on a daily basis and will provide regular, consistent visitation with Mother. 8. Each parent whose parental rights to the children have not been terminated and the , person who has physical custody of the children have been named as parties to this action. WHEREFORE, plaintiff respectfully requests your Honorable Court to modify custody and grant primary physical and shared legal custody rights to plaintiff. SAN K. PIC Law Offices of Susan 3344 Trindle Road Camp Hill, PA 17011 717-612-1660 Supreme Court ID # 43093 , . . VERmCATION I, Kevin Myers~ verify that the statements made in the foregoing PETITION FOR EMERGENCY RELIEF AND MODIFICATION OF CUSTODY are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: /ttJ -,3'- /OO? Kevin Myers vs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-6343 KEVIN MYERS, Plaintiff JANET BREINER, Defendant : CIVIL ACTION - CUSTODY AFFIDAVIT OF SERVICE I, Jaimie Arnold, the undersigned, hereby state that I served a Motion to Modify Custody and Petition for Emergency Relief in the above-captioned action upon Janet Breiner by personally handing same to her at 967 Trindle Road on the day of October, 2006. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Jaimie Arnold For Law Offices of Susan K Pickford, Esq. 3344 Trindle Road Camp Hill, PA 17011 717-612-1660 t-..:l ~ c:::> ~ c;::;;> c.Y'" 0 0 ~-n ~ ~ ,-, 't --t rnp N -.99 ~~2. .. . w '-:" (:) ~ ~ ~ -\~. :H ~ -.. ,)?') ~ - iSm - . . ,::...{ Cr-t r ,::>- ~ t --l ~:'t E -r:- KEVIN MYERS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 98-6343 CIVIL ACTION LAW JANET BREINER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 25, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, November 29, 2006 , the conciliator, at 12:00 PM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot bc 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: Isl Dawn S. Sunday, Esq. Custody Conciliator iJL The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For infonnation 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 ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY 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 Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C) ~r~~~ .JIlp.1? ~ '~lL, ~c/ fP$ ~~.;P9 ,ft" r '71)\;\1/11.\ ('\:~ n .' 1 ~ ro. .f...,........ ~_' ,,~ .._".),\~\\,"',("1 I\.J..t \t ~ /." r, .~ .,,". ,t"'; ',..i'='."-~~~ I It I ""' f"'\ ; ("-~'~'~'lJtk) 12 :~ ~ld 08 J.:JO 90ul AU"!: 0'\ ,"" . .' V.L ~~yi,-l,~j:'::d 3H1 dO ::'~. L:J:-,.j-G::nij 'r/' (~- 0/ 9t.? <2[": d/ '?/ t?c t7/ KEVIN MYERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JANET BREINER : NO. 6343 CIVIL 1998 : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 27TH day of OCTOBER, 2006, the "Petition for Special Relief" is in fact a "Petition for Contempt" insofar as it merely request that we direct mother to comply with the terms of our order (which would be redundant). This matter is referred to CONCILIATION to determine whether the contempt allegations should be scheduled for a hearing. Court Administrator ~san K. Pickford, Esquire For the Plaintiff J6net Breiner 967 Trindle Road ~ Lot 9 Mechanicsburg, Pa. 17055 22 :11 Hd DC J:)O qUaZ lu\"/lO'~.;.",:..1 ,"'.;.1 :JH1' ":0 r\Q'v. 1.'l......J~ I....~\......'-i"-J ...J J ...- 381:H()-{Blt:! I D: NOV 07'06 15:40 No.006 P.02 K l<:VIN MYERS. Plaintiff v. : IN THE COUH.T OF COMMON PLEAS OF : ClJMRRRLAND COUNTY, PENNSYLVANIA : NO, 98~6343 JANET RRRTNRR, Defendant : CIVIL ACTION - CUSTODY WITHDRAWAL AND ENTRY QF APPEARANCE TO TIlE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearunce as attorney of record for the Defendant, Janet Breiner, at the above captioned docket. Dated: 1/ It / ~ C / / PI.RASE enter the appearance of the Family Law Clinic on behalf of Janet Breiner. the Dc1endant, in the above captioned marter. .1 T !mer Lockard, Hsq. Harrishurg Civil Law Clinic I 2300 VarIan Way HUI'risburg, PA 17J 10 Dated: /I /'11 DiI . I I Respectfully submitted by: ~AA~ Samara Gomez Certified L. c g.llntern ~ ~.~- -.. ... .~ ROBE' INS THOMAS M. PLACE LUCY JOHNSTON.WALSII ANNE MACDONALD..FOX MBGAN RIRSMEYBR fAMILY LAWCLINIC 45 North Pitt Street Carlisle, r A 17013 717-243.2968 Fax: 7)7.243~3639 r-:) c::> C:::.:' d" - ~ - (J'\ -0 ::1=- c> .::n .-\ -r.: --~ rft.~~ -nC- -.DY :.:; C) ~.~~ :.\~ 'i~~)~\ ~:--t -t>- ~ ~ ..~ Cf' KEVIN MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 98-6343 JANET BREINER, Defendant : CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am, on this date, serving the foregoing Withdrawal and Entry of Appearance on plaintiffs counsel, by depositing the same in the United States Mail, first class, postage prepaid, addressed as follows: Susan K. Pickford, Esq. 3344 Trindle Road Camp Hill, PA 17011 Dated: \\ - \ 1"'o~ ~~ Samara Gomez Certified Legal Intern /J ~f: Nu11.~ Robert E. Rains, Esq. Supervising Attorney F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for Defendant, Janet Breiner r...;) r~~~:~ Cl~ C) --r1 - , -- -- (j"'\ c') KEVIN MYERS, Plaintiff, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 98-6343 JANET BREINER, Defendant, Petitioner : CIVIL ACTION - CUSTODY PETITION TO MODIFY CUSTODY ORDER 1. The petition of Janet Breiner, by her attorneys, the Family Law Clinic, respectfully represents that on July 30, 2003 and November 21, 2003 Orders of Court were entered for custody of Maria Breiner Myers and Mason Breiner Myers, a true and correct copy each of which is attached. Under the existing Orders, Mother has primary physical custody of the children. Father has partial custody of the children. 2. This Order should be modified because: a. Father's ongoing pattern of inconsistency in adhering to the current schedule of partial physical custody causes disruption in both the lives of the Children and Mother. b. Father's failure to adhere to the Order prevents Mother from arranging and carrying out activities in the best interest of the Children, c. On several occasions, Father has failed, without cause, to pick the Children up at the designated time for his period of partial physical custody without cause and without giving Mother any advance notice. d. On many occasions Father has failed without cause to return the Children to Mother at the times designated in the Court Order. e. The November 21,2003, Order contains a provision in paragraph 3 that Father was to begin having his alternative weekend start on Thursday evenings and continue to Monday morning when he was to drop the children off at school; however, by Father's own failure to comply with the terms of this paragraph, it has become impossible and should be deleted. f. Paragraph 1 of the November 21,2003, Order called for the Parties to participate in a course of co-parenting counseling with Father to pay all costs of the counseling. Subsequently, Father did not follow through, and it has not occurred. g. Father has directly involved the children with arranging his erratic periods of partial custody rather than the Parents dealing with each other directly, WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody to reflect the current weekend partial custody arrangements, to impose consistency on Father's exercise of partial custody, to provide for the Parties to promptly arrange for co-parenting classes, and to require the Parties not to directly involve the Children in partial custody arrangements, because it will be in the best interest of the children. Date: 11- ~/,() 6 ~Q,~ Samara Gomez Certified Legal Intern ~~. THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON- WALSH ANNE MACDONALD-FOX MEGAN RlESMEYER Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. c.s. S 4904 relating to unsworn falsification to authorities. Date: 11- d 1- tJ0 KEVIN MYERS, Plaintiff, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 98-6343 JANET BREINER, Defendant, Petitioner : CIVIL ACTION - CUSTODY AFFIDAVIT OF NON-CONCURRENCE OF COUNSEL I, Samara A. Gomez, hereby certify that I attempted to seek concurrence, in the preceding Petition to Modify Custody, of Susan K. Pickford, attorney for Kevin Myers, by telephone at 717- 612-1660 at approximately 12:15 p.m. on November 21, 2006. Ileft a message on hervoicemail stating that I was seeking her concurrence pursuant to local Rule 208.2( d) on Defendant's Petition to Modify the Custody Order. As of November 21, 2006, 4 p.m., Attorney Pickford has not returned the message, and it is presumed that she does not concur. I verify that the statements made in th~s Affidavit are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: \\- ~\-O~ ~~ Q.~ / SamaraA.Gomez )V Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for Defendant ~ . , .- CERTIFICATE OF SERVICE I, Samara Gomez, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this ;z.:J..~day of NeV. ,2006: Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 ~ez~ Certified Legal Intern F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 \-\ \:\ ~ r<> c;::--:-J "~-~ 'i....Y' r,,' ('...., ~.CJ G~--:t ..4.'':' KEVIN MYERS, Plaintiff, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98-6343 JANET BREINER, Defendant, Petitioner : CIVIL ACTION - CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Janet Breiner, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date II /z-z-/ Db I r R~~~SU=tt~~ Kns a Ann Freego Certified Legal Intern ~. ~/1~PL ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON- WALSH MEGAN RIESMEYER Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 /"-,) G'.:) C:~-,:) 0''''''''' C) -n N i".) (....:J cr. - KEVIN MYERS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 98-6343 ClVIL ACTION LAW JANET BREINER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 22, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, November 29, 2006 , the conciliator, at 12:00 PM 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. Al1 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: Isl Dawn S. Sunda Es 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 individuals having business before the court, please contact our office, Al1 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 A TTORNEY AT ONCE, IF YOU DO NOT HA VE AN ATTORNEY 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 Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - ~~ flv fJ- ~ ~ 10. (?e-I/ ~h-c/p Z ~ ~lt, 'Jo-e-e-!I . '7:;:r -7- ~~,~ '7O-~-e.1I ~ '" II! \1.: 2 ? t*~ : . I (;"1 v ~D0l \,., I-I ) ,t", Plaintiff 17 DEe 0 8 Z006r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN MYERS vs. 98-6343 CIVIL ACTION LAW JANET BREINER Defendant IN CUSTODY ORDER OF COURT AND NOW this J 34A day of ~ 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall complete the 4 week ParentWorks, Inc. program for parents, whieh begins on January 13,2007. The parties shall register in advance of the Deeember 31 enrollment deadline to ensure acceptance into the program. 2. The parties shall participate in co-parenting counseling with a professional at Tressler Lutheran Services to include a minimum of 4 joint sessions. The mother shall provide the necessary insurance information for coverage and the parties shall equally share the cost of any required co- payments. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their children. The parties shall contact Tressler Lutheran Services within 14 days of the custody conciliation conference in order to schedule the initial session. 3. The Mother shall contact the Father by telephone every Sunday night at 9:30 p.m. to discuss issues affecting the Children during the past and upeoming week. The purpose of the telephone call shall be to provide a regular opportunity for the parties to share information concerning the Children to ensure involvement by both parents in the Children's lives. 4. The Father shall contact the Children's school to provide contact information so that the school officials can provide school related information directly to the Father. The Mother shall provide notice to the Father of all non-school related activities and developments concerning the Children. 5. Pending further order of Court or agreement of the parties, the prior orders ofthis Court dated July 30,2000, and November 21,2003, shall continue in effect as modified by this order. 6. The Father shall have partial physical eustody of the Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 8:30 p.m. and during the interim weeks, on Thursday from between 5:30 and 6:00 p.m. until 8:30 p.m. The Father shall contact the Mother in advance ifhe is going to be late for the scheduled pick-up time. In the event the Father does not pick up the Children within 30 minutes of the scheduled pick-up time and does not contact the Mother to notify her of the delay, the Mother may make other arrangements for the Children. 7. Neither party shall transport the Children without a valid driver's lieense or while under the influence of alcohol in accordance with the law. 8. The parties and counsel shall attend an additional custody coneiliation eonference in the office of the conciliator Dawn S. Sunday, on February 20,2007, at 11 :30 a.m. 9. This order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. Edward E. Guido J. Cc: "sCK. Pickford, Esquire - Counsel for Father ~ Gomez and Robert Rains, Esquire - Counsel for Mother ~~ 60 :2 ~Jd 81 J30900l I U\./l("" !('~u i t'\'.~ I :)'Hl -10 1\0\1', J~"'l.JI J,l...V'-..iU ...,u _ 3~)!j::1C}..o:n.::l . ". KEVIN MYERS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 98-6343 CIVIL ACTION LAW JANET BREINER Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Marie Breiner Myers Mason Breiner Myers December 27, 1995 September 21, 1997 Mother Mother 2. A custody conciliation eonferenee was held on November 29, 2006, with the following individuals in attendance: The Father, Kevin L. Myers, who was represented in this matter by Susan K. Pickford, Esquire, but did not have counsel present at the conference and Janet Breiner, with her counsel, Samara Gomez and Robert Rains, Esquire. 3. The parties agreed to entry of an Order in the form as attached. fJe ~ / o1oo~ Date ' / D~ Custody Conciliator . ."ZOO1~7 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN MYERS vs. 98-6343 CNIL ACTION LAW JANET BREINER Defendant IN CUSTODY ORDER OF COURT AND NOW, this (, ~ day of ~~ , 2007, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Orders of this Court dated July 30,2000, November 21,2003 and December 13, 2006, are vacated and replaced with this Order. 2. The Father, Kevin L. Myers, and the Mother, Janet Breiner, shall have shared legal custody of Marie Breiner Myers, born December 27, 1995 and Mason Breiner Myers, born September 21, 1997. Each parent 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 decisions regarding their health, edueation and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Mother shall have primary physiea1 custody of the Children. 4. The Father shall have partial physical custody of the Children on alternating weekends on Friday from 6:00 p.m. until 10:00 p.m., Saturday from 6:00 p.m. until 10:00 p.m. and Sunday from 3:30 p.m. until 8:00 p.m. The parties acknowledge that the weekend schedule has been limited due to the Father's current employment demands. In the event the Father's work schedule permits him to have additional time with the Children on certain weekends, the Father shall be entitled to expand the weekend period of custody, including overnights, so long as the Mother has not made definite alternate plans for the Children at those times. The parties shall be reasonable and cooperative with each other in adjusting the weekend periods of custody for the Father as permitted by his work schedule, At such time as the Father's work schedule no longer requires employment on weekends, the parties shall cooperate in reestablishing the Father's alternating continuous weekend periods of custody from Friday through Sunday. In addition, during weeks preceding the Mother's weekend periods of custody, the Father shall have custody of the Children on Thursday from 6:00 p.m. unti18:30 p.m. 5. The Father shall provide notice to the Mother by the preceding Wednesday, if possible, in the event the Father is available for expanded periods of custody over his weekends or if the Father is unable to exercise his right to the limited periods of custody on weekends due to employment. The purpose of this provision is to ensure that the Father provides as much notice as possible to the Mother of any necessary adjustments to the custody schedule required by his fluctuating employment demands. 6. The parties shall share or alternate having custody ofthe Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 6:00 p.m. through Christmas Day at 6:00 p.m., and Segment B, which shall run from Christmas Day at 6:00 p.m. through December 26 at 6:00 p.m. The Mother shall have custody of the Children during Segment A in even-numbered years and during Segment B in odd-numbered years. The Father shall have custody of the Children during Segment A in odd-numbered years and during Segment B in even-numbered years. B. Easter/Thanksgiving: The Mother shall have custody ofthe Children every year on Easter Sunday from 9:00 a.m. until 7:00 p.m. and the Father shall have custody ofthe Children every year on Thanksgiving Day from 9:00 a.m. until 7:00 p.m. C. Alternating holidays: The Father shall have custody ofthe Children from 9:00 a.m. until 7:00 p.m. on Memorial Day and Labor Day in odd-numbered years and on July 4 in even- numbered years. The Mother shall have custody of the Children from 9:00 a.m. until 7:00 p.m. on Memorial Day and Labor Day in even-numbered years and on July 4 in odd-numbered years. D. Mother's DayIFather's Day: The Mother shall have eustody ofthe Children every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody ofthe Children every year on Father's Day from 9:00 a.m. until 7:00 p.m. E. Children's Birthdays: The non-custodial parent shall have a period of custody for up to three hours with each Child on his or her birthday. However, the period of custody under this provision shall not exceed one-half of the Child's non-school time on the birthday. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. The Father shall have summer vacation periods of custody with the Children for the second week in June, the second week in July, and the second week in August. The Father's regular periods of alternating weekend custody and Thursday evening custody shall continue throughout the summer. 8. Neither party shall transport the Children without a valid driver's lieense or while under the influence of alcohol in accordance with the law. 9. The Mother shall eontact the Father by telephone every Sunday night at 9:30 p.m. to discuss issues affecting the Children during the past and upcoming week. The purpose of the telephone call shall be to provide a regular opportunity for the parties to share information concerning the Children to ensure involvement by both parents in the Children's lives. 10. The Father shall contact the Children's school to provide contact information so that the school officials can provide school related information directly to the Father. The Mother shall provide notice to the Father of all non-sehool related activities and developments concerning the Children. 11. The Father shall complete the final session of the ParentWorks, Inc. program for parents as soon as possible. '9 12. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. I}YTHi, ~o~~,--) ~ Edward E. Guido J. cc:.y8'amara Gomez and Robert Rains, Esquire - Counsel for Mother ~usan K. Pickford, Esquire - Counsel for Father \~ ~1P\ O~AJ\ il0'(" 'l~l L - C\1.HU.. LfiO. l '0 P,\i 1H'i U ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN MYERS vs. 98-6343 CIVIL ACTION LAW JANET BREINER Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: DATE OF BIRTH CURRENTLY IN CUSTODY OF NAME Marie Breiner Myers Mason Breiner Myers December 27, 1995 September 21, 1997 Mother Mother 2. A custody coneiliation conference was held on February 27, 2007 with the following individuals in attendance: the Mother, Janet Breiner, with her counsel, Samara Gomez and Robert Rains, Esquire, and the Father, Kevin Myers, whose attorney of record, Susan K. Pickford, Esquire did not attend the conference. 3. The parties agreed to entry of an Order in the form as attached. ~ch- { . d-nD 7 t Date !lJ-~ Dawn S. Sunday, Esquir Custody Conciliator