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HomeMy WebLinkAbout03-1625NICOLE L. BOYER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY A. BOYER, JR., DEFENDANT CIVIL ACTION - CUSTODY CUSTODY COMPLAINT 1. Plaintiff Nicole L. Boyer (hereinafter "Mother") is an adult individual residing at 329 East Market Street, Gratz, Pennsylvania 17030. Mother is employed on a full time basis by a local credit union. 2. Defendant Jeffrey A. Boyer, Jr., (hereinafter "Father") is an adult individual residing at 28 West Pine Street, Enola, Cumberland County, Pennsylvania 17025. Father is employed by a local grocery chain. 3. Mother seeks shared legal custody and primary physical custody of her son: a. Collin Michael Boyer (Age 16 months; DOB 10/31/01) residing with Mother. b. The child was born out of wedlock. However, the parties married on June 22, 2002. 4. Since his birth on October 31, 2001 the child has resided with the following persons and at the following addresses: Plaintiffs custody since November 29, 2002 (date of separation). Plaintiff and Defendant from his birth to present in Enola or Duncannon. 5. The Mother of the child is Plaintiff Nicole L. Boyer. 6. The Father of the child is Defendant Jeffrey A. Boyer, Jr. 7. The relationship of the Plaintiff to the child is that of Mother. The relationship of the Defendant to the child is that of Father. 9. Plaintiff has not participated as a party or witness or in any other capacity in other litigation concerning the custody of the child in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the child pending in another court of this Commonwealth. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights of the child. 12. The best interests and permanent welfare of the child will be served by granting the relief requested because: a. Mother has been the primary caregiver since the child's birth. b. Father has told Mother that he is experiencing financial problems which would lead to the repossession of his vehicle and lack of funds to adequately care for the child. C. Mother has been the parent responsible for obtaining medical care for the child, transportation to and from daycare as well as the day to day responsibilities to raise a healthy toddler. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 2 WHEREFORE, Plaintiff seeks an Order granting her primary physical custody of the child and shared legal custody with periods of visitation with Father. Respectfully submitted, BY: ?pven Howell, E. 19 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all interested parties via postage prepaid, first class United States Mail addressed as follows: Jeffrey Allen Boyer, Jr. 28 West Pine Street Enola, PA 17025 Date: ?/4 /v3 BY: XenS *Howell, uire 3 VERIFICATION I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. BY: icole L. er Date: NICOLE L. BOYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY A. BOYER, JR. • 03-1625 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, April 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. - Greevy, Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, May 27, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ Melissa P GreeyX, ? v 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. 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 HAVE 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 IIaMOH '"?tl yC?aaPiv? C) s o -IH JUN 0 9 7003 P NICOLE L. BOYER, Plaintiff V. JEFFREY A. BOYER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1625 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this -L& day of June, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1 • Legald? The Parties, Nicole L. Boyer and Jeffrey A. Boyer, Jr., shall share legal custody of the minor child, Collin Michael Boyer, born October 31, 2001. 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. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. schedule: 2. The parties shall share parenting of the child according to the following A. Effective May 29, 2003, Father shall have custody on alternative weekends from Thursday at 7 PM until Sunday at 7 PM. This schedule shall be followed during the months of May through August. B. Effective September 5, 2003, Father shall have physical custody on alternate weekends from Friday at 7 PM until Sunday at 7 PM. This custodial schedule shall be followed from September through April. 1 u :? ?;d o i t,;nr co NO. 03-1625 CIVIL TERM C• At all times when Father does not have custody, Mother shall have custody. 3. Vacation. Each parent shall be entitled to seven (7) days of continuous custody each summer for purposes of vacation. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing shall provide a telephone number and location where they can be reached during the vacation. parent 4. Trans_ oo_ rt . Transportation shall be shared by the parties exchanging custody of the child at the Clark's Ferry Truck Stop. 5. holidavs A. Labor Da 2003 and Inde endence Da 2003. Father shall have custody for these holidays. B. Easter. Easter shall be divided into two segmentsSaturday,beforeSegmentEasterA and Segment B. Segment A shall be from 8 AM the until 8 PM the Saturday before Easter. Segment B shall be from 8 PM the Saturday before Easter until 8 PM Easter Sunday. In even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years, Father shall have Segment B and Mother shall have Segment A. C. Thank?g Father shall have custody for Thanksgiving each year commencing at 7 PM on the Wednesday before Thanksgiving until 3 PM Thanksgiving day. Mother shall have custody each year from 3 PM Thanksgiving day until 8 PM the Friday after Thanksgiving. D. Mother's Da and Father's Da . Th custodial for Mother's Day and Father's Day shall be from 6 PM h eeday before therholiday until 8 PM the day of the holiday. Mother shall custody for Mother's Day. Father shall have custody for Father's Day. NO. 03-1625 CIVIL TERM E. Memorial Da Labor Da holidays shall alternate beginning with and Mother having Day 2004 endence Da . Memorial ing custody for . The custodial period for these holidays shall begin at 6 PM the day before the holiday and continue until 8 PM the day of the holiday. 6. A hearing is scheduled in Courtroom Number Courthouse, on the 3/ZQ day of L of the Cumberland County 2003, at 9 ?.M., at which time testimony will be taken. For the purposes of the hears hea9 r Father, Jeffrey A. Boyer , Jr., shall be deemed to be the moving o'clock testimony. Counsel for the parties or the parties pro party and shall proceed initially with opposing counsel/party a memorandum setting forth each pSearty'sshall file with the Court and of witnesses who are expected to testify at the hearing, and a summa hearing date. ry of the anticipated testimony of each witness. These memoranda shall be filed at least l teen days uprioryto the the Dist: ..ftven Howell, Esquire, 619 Bridge Street, New Cumberland, PA ,Jeffrey Allen Boyer, Jr., 28 W. pine Street, Enola, PA 17025 17070 RKs ot?-is-a,3 BY THE COURT: NICOLE L. BOYER, Plaintiff V. JEFFREY A. BOYER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1625 CIVIL TERM CIVIL ACTION - LAW 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Collin Michael Boyer October 31, 2001 Mother 2. A Custody Conciliation Conference was held on May 27, 2003 in response to Mother's Complaint for Custody on April 9, 2003. Present for the conference were: the Mother, Nicole L. Boyer, and her counsel, Steven Howell, Esquire; the Father, Jeffrey A. Boyer, Jr., attended pro se. 3. The worked in to reach sched e, va cation schledule, holiday schedulle, and shared legaecus od . Thee weekend not reach an agreement with regard to the sharing of the Christmas holiday. As the Conciliator was reviewing the agreements with the parties, Father inquired about additional 'time during the week preceding Mother's alternating weekend. When Mother's counsel indicated resistance to his request, Father immediately asked the Conciliator to schedule the matter for a hearing because he wanted to pursue prima physical However, Father agreed to the entry of an Order reflecting all of the parties agreements up to that point and having that Order be an agreed upon Interi Orrderpend ng heaoring the child. 4• Father's osition on custod is as follows: Father resides in Enola and works as an Assistant Produce Manager from 5 AM until 2:30 PM. He has no set days off but has one weekend off each six weeks. Father resides in his parents' home with his parents and two siblings. When Father advised the Conciliator that he wanted a hearing so that he could ask the Court to award him primary custody, he indicated that this was based on his concern that the child was not receiving adequate medical care. He reports that the child had been using a nebulizer for asthma, but Mother had not been providing that to him. Additionally, he reports that the child has a bump on his head which is described as a NO. 03-1625 CIVIL TERM calcified hematoma, which he believes should be removed. Based on his differing opinion about the appropriate medical treatment, Father believes that he is the better suited parent for primary physical custody of the child. 5. Mother's osition on custod is as follows: Mother represents that the parties separated on November 29, 2002. Since that time, the child has been in her primary physical custody. She reports that Father has had contact during the period of separation but that because he has requested custodial time on short notice she was not always agreeable to the custodial time he requested. For instance, Mother's counsel received a request for custodial time to occur on Easter weekend through a phone message received at his office about 3:30 on Good Friday afternoon. Since the entry of Mother's counsel, three custodial weekends have been arranged. Mother works from 8:30 AM to 5:00 PM Monday through Friday. The weekend custodial schedules agreed to by Father were proposed by Mother. However, through counsel, she indicated that she would not agree to Father having primary physical custody of the child. Mother reports that the child has asthma symptoms caused by the child's allergies. She reports that he is being treated for the allergies by a physician and is presently taking oral medication. She also notes that his physician told her that some of his symptoms could have been caused by allergens in their former residence. With regard to the bump on his head, Mother reports that she has an appointment with a cranio-facial surgeon on July 28, 2003. She understands the procedure which has been recommended to be cosmetic in nature and to require general anesthesia. 6. The Conciliator provides a recommended Order which includes the terms to which the parties had agreed prior Father's decision to seek primary physical The parties have agreed to interim physical custody schedule and to share legal custody. custody'Given the child's medical profile, their ability to share in medical decision making and participation in medical appointments for this child is highly important. It would certainly be in the child's best interest for the parents to participate together in the appointments with the child's physicians. C?l Date elissa Peel Greevy, Esq ire Custody Conciliator :213955 NICOLE L. BOYER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NUMBER: 03-1625 JEFFREY A. BOYER, JR., : CIVIL ACTION - LAW Defendant :CUSTODY Please enter the appearance of Charles E. Petrie as attorney for Defendant, Jeffrey Boyer. CHARLES E. PETRIE 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 C? Ca r, z ,; NICOLE L. BOYER, PLAINTIFF V. JEFFREY A. BOYER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 1,525 CIVIL ACTION - CUSTODY MOTION TO PERMIT TELEPHONE TESTIMONY OF PLAINTIFF'S MEDICAL WITNESSES 1. Defendant Jeffrey A. Boyer, Jr., is the moving party in this case in accordance with 16 of this Honorable Court's June 10, 2003 Order which is scheduled for trial on August 13, 2003 at 9:30 AM. 2. Defendant claims that the "child does not receive[ing] adequate medical care." See ¶4 of Conciliation Conference Summary Report. Defendant cites as an example the Plaintiffs reluctance to "burr" a small bump on the child's head. 4. Plaintiff has obtained two consultations with the Division of Plastic Surgery in November 2002 and July 2003 (Father failed to attend the latest consultation) and a conservative (i.e. non-surgical) course of treatment was recommended by Dr. Donald R. Mackay and Dr. Mark Boustred. 5. Neither Dr. Mackay or Dr. Boustred is available to testify in person or by telephone on August 13, 2003 despite receiving subpoenas on August 6, 2003. 6. Dr. Kendra Davis (the child's current primary care physician) is available to testify by telephone on August 13, 2003 at 11:45 AM at the following telephone number 957- 2212. WHEREFORE, Plaintiff requests permission for telephone testimony of the physicians disclosed in Plaintiffs timely Custody Memorandum. Respectfully submitted, BY: 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all interested parties via postage prepaid, first class United States Mail addressed as follows: Charles Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 Date: August 8, 2003 n ?-' Ci G? ?"i ?' TJ. ? mr: n ;_ Z C " - , V? ? . < ?; ?.. .., ' j cJ ti? "C7 r_ -ri ? `..:? 7 '_ ,?O t.J -G NICOLE L. BOYER, PLAINTIFF V. JEFFREY A. BOYER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 16,25 CIVIL ACTION - CUSTODY MOTION TO PRECLUDE TESTIMONY FROM WITNESSES NOT TIMELY DISCLOSED BY DEFENDANT 1. Defendant Jeffrey A. Boyer, Jr., is the moving party in this case in accordance with ¶6 of this Honorable Court's June 10, 2003 Order. 2. Defendant filed a Custody Memorandum on August 8, 2003. Plaintiff timely served her Custody Memorandum on August 1, 2003 as shown on the U.S. Postal Service Form 3817 attached as Exhibit "A". 3. Defendant seeks to introduce the testimony of witnesses not disclosed until three (3) business days prior to trial when he was aware of the requirements to timely file and serve a Memorandum by this Court's June 10, 2003 Order. 4. Defendant's counsel, Charles Petrie, Esquire faxed a Custody Memorandum on August 8, 2003 at 10:56 AM to Plaintiff s counsel. 5. In fact, Attorney Howell only learned of Charles Petrie's entry of appearance by telephoning the chambers to inquire if any memorandum had been filed. 6. This Court's June 10, 2003 Order stated: Counsel for the parties or the parties pro se shall file with the Court and opposing counsel /party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memorandum shall be filed at least ten days prior to the hearing date. 7. The Memorandum indicates that Dr. G.H. Harhigh is going to testify on August 13, 2003. 8. The failure to provide an expert report requires preclusion at trial of this evidence. Discovery Rule 4019 is one of "mandatory preclusion" at trial of the testimony of undisclosed expert witnesses. Kaminski v. Employers Mutual Casualty Company, 338 Pa. Super. 400, 487 A.2d 1340 at 1344 (1985) and Dion v. University of Pennsylvania, 14 Philadelphia 201 at 208 (1986). It has been said that: "To hand opposing counsel your only expert witness report the morning of trial must be categorized as an egregious discovery violation" demonstrating a "cavalier attitude towards the court and opposing counsel" . Lee v. Delaware County Memorial Hospital, 35 Pa. D. & C. 4th 24 at 28-29 (1997). 9. In this case, Defendant did not disclose his intention to call any expert witness until August 8, 2003 at 10:56 AM. 10. Defendant's counsel does not concur that his witness testimony should be precluded. WHEREFORE, Defendant should be precluded from offering into evidence any testimony from any witnesses not properly disclosed in the Custody Memorandum. Respectfully BY: 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all interested parties via postage prepaid, first class United States Mail addressed as follows: Charles Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 Date: August 8, 2003 jteven 'halwzC Attorney at Law 619 Bridge Street a New Cumberland, Pennsylvania 17070 *Telephone 717.770-1277 a Fax 717-770-1278 August 1, 2003 The Honorable J. Wesley Oler Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Boyer v. Boyer, No. 03 - 1625 (Custody - Cumberland County) Dear Judge Oler: Enclosed please find the Custody Memorandum for the hearing on August 13, 2003. SH/bth Enclosure Nicole L. Boyer (w/encl.) 329 East Market Street Gratz, PA 17030 Jeffery A. Boyer, Jr. (w/encl.) Pro Se Litigant 28 West Pine Street Enola, PA 17025 Very truly yours, ven owell, Esquire U,S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received Steven Howell N Attome;y At Law 619 Bridge Street aC? y. New Cum6erle-rid, PA 1787 v 1111111 r • i= One place of ordinary mail addressed to: ® V Gv I.?J 1 SfroP ? Fie JA- //--1 '1-- e W aS-- 3 o >'w o p ?w z m L o? DGC'l C N gc= tLm D o m D PS Form 3817, Mar. 1989 /, A%% c C O cJ n - n ITi G] ` 1 (J 17 { NICOLE L. BOYER, Plaintiff V. JEFFREY A. BOYER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1625 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of August, 2003, upon consideration of Plaintiff's complaint for custody in the above-captioned matter, and pursuant to an agreement of the parties in this case reached in open court in the presence of their respective counsel, Steven Howell, Esquire, on behalf of the Plaintiff and Charles Petrie, Esquire, on behalf of the Defendant, it is ordered and directed as follows: This Court's order of June 10th, 2003, is incorporated by reference and modified as follows: Upon consideration of Plaintiff's petition for custody, father's periods of custodial time shall be modified as follows: Every other weekend from Thursday at 3:00 p.m. when father shall pick up the child at the day care center in Gratz to Monday at 5:00 p.m. shall be father's new custodial time every other weekend. Every other weekend father shall go at 5:00 p.m. to return the child to mother's place of employment in Harrisburg and on the other weekend Mother will travel to Tom's Mobil gas station in Encla at 5:30 p.m. to pick up the I LI; child from father. The parties have agreed that one of these two alternating weekends shall fall when father is regularly scheduled off from work at Karns Food Store, and father will timely notify mother of those weekends. The holiday schedule set forth in this Court's order of June 10th, 2003, shall continue. Each parent shall be entitled to a seven day continuous period of custodial time with the child with thirty days advance notice to the other party. ,,,.Steven Howell, Esquire For the Plaintiff Charles Petrie, Esquire For the Defendant :lfh By the Court, Rl??s 68-IS-C?3 NICOLE L. BOYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY A. BOYER, JR., CIVIL ACTION - LAW Defendant NO. 03-1625 CIVIL TERM ORDER OF COURT AND NOW, 13th day of August, 2003, upon consideration of an agreement reached between the parties in this case with respect to a custody order, all outstanding motions are deemed moot. ?ven Howell, Esquire For the Plaintiff j,;tfarles Petrie, Esquire For the Defendant lfh By the Court, 4 J. sley Ole Jr., q"l RK?s s NICOLE L. BOYER, ' k/n/a NICOLE L. BLUESTONE, Plaintiff VS. JEFFREY A. BOYER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 1625 CIVIL TERM CIVIL ACTION - LAW CUSTODY PETITION TO MODIFY CUSTODY ORDER 1. Plaintiff Nicole L. Boyer, n/k/a Nicole L. Bluestone (hereinafter "Mother") is an adult individual residing at 6006 John Circle, Harrisburg, Dauphin County, Pennsylvania 17112 2. Defendant Jeffrey A. Boyer (hereinafter "Father") is an adult individual residing at 40 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania 17025. 3. The parties were formerly married and are the natural parents of COLLIN MICHAEL BOYER (DOB 10/31/2001; Age 5'/2). 4. The parties are subject to an Order of Court dated August 13, 2003 which in effect grants Mother primary custody of the child with Father enjoying every other weekend from Thursdays at 3:00 PM to Mondays at 5:00 PM. See Exhibit "A". 5. The child has resided with Mother, Mother's fiance. Cliff Ball, and their child Olivia K. Ball (DOB 6/17/06; Age 1) for the last six months. Prior to Olivia's birth, Mother, Mr. Ball and the child Collin Boyer have resided together as a family since September 2004. 6. Pennsylvania law supports the maintenance of close ties between step siblings under the "family unity" doctrine. Our Superior Court's most recent guidance states: As recognized by the trial court, the policy in Pennsylvania is to permit siblings to be raised together, whenever possible (the doctrine of "family unity" or "whole family doctrine"). Absent compelling reasons to separate siblings, they should be reared in the same household to permit the "continuity and stability necessary for a young child's development." This policy does not distinguish between half-siblings and siblings who share both biological parents. [Citations omitted]. Johns v. Goci at 942-943. 7. The child will be attending school in the Central Dauphin School District Linglestown Elementary beginning at the end of August 2007 and the alternating weekends will not be feasible since Father resides in Cumberland County and has indicated he has no ability to transport the child to school on alternating Fridays and Mondays. Father has behaved unreasonably in the recent past as set forth below. 9. On June 24, 2006 Father refused to return the child so he could participate in his sister's one year old birthday party despite initially agreeing to do so. Olivia's birthday party was scheduled on June 24th so elderly grandparents could participate on that date. 10. Father has attempted to sabotage Mother's vacation and wedding planned for July 18`" - 25th, 2007 as set forth in ¶11 - ¶14. 11. On May 4, 2007 Mother provided Father with verbal notice of her impending wedding to Cliff A. Ball on Saturday, July 21, 2007. 12. On July 7, 2007 Father received by certified mail written notice that she intended to exercise her one week summer vacation from July 18, 2007 to July 25, 2007 to coincide with her wedding plans. 13. On July 9, 2007 Father refused to honor Mother's request claiming he had other plans for the child during the period. 14. On July 13, 2007 Mother's counsel wrote to Father's counsel explaining why this behavior is unreasonable. A true and correct copy of this letter is attached as Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court to modify the current order to address the issue of transportation and alternating weekends now that the child will be attending school. Respectfully submitted, By: Certificate of Service ,tw(en Howell, E"squsre Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 Attorney for Plaintiff I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 By Date: July 13, 2007 07/10/2007 10:17 71777012711 HOWELL LAW FIRM PAGE 01/01 VERMCA,TION Uwe verify that the statements made in the foregoing doctunent arc truce and correct. Uwe understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unwornn, falsification to authorities. BY: /? - - icole . Bl estone &A Ni . Boyer Date: I I 1 12- Zo u i NICOLE L. BOYER, Plaintiff V. JEFFREY A. BOYER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1625 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of August, 2003, upon consideration of Plaintiff's complaint for custody in the above-captioned matter, and pursuant to an agreement of the parties in this case reached in open court in the presence of their respective counsel, Steven Howell, Esquire, on behalf of the Plaintiff and Charles Petrie, Esquire, on behalf of the Defendant, it is ordered and directed as follows: This Court's order of June 10th, 2003, is incorporated by reference and modified as follows: Upon consideration of Plaintiff's petition for custody, father's periods of custodial time shall be modified as follows: Every other weekend from Thursday at 3:00 p.m. when father shall pick up the child at the day care center in Gratz to Monday at 5:00 p.m. shall be father's new custodial time every other weekend. Every other weekend father shall go at 5:00 p.m. to return the child to mother's place of employment in Harrisburg and on the other weekend Mother will travel to Tom's Mobil gas station in Enola at 5:30 p.m. to pick up the EXHIBIT A child from father. The parties have agreed that one of these two alternating weekends shall fall when father is regularly scheduled off from work at Karns Food Store, and father will timely notify mother of those weekends. The holiday schedule set forth in this Court's order of June 10th, 2003, shall continue. --- -- -- Each-parent shall be entitled to a seven day continuous period of custodial time with the child with thirty days advance notice to the other party. By the Court, J#Wesley Ol r, Jr., Steven Howell, Esquire For the Plaintiff arles Petrie, Esquire F the Defendant :lfh TRUE COPY' FROM RECORD In Te§timony whereof, I here unto -set my hand and the seal of sal Court a I Carlisle, Pa. JUN 0 9 20035 NICOLE L. BOYER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-1625 CIVIL TERM V. JEFFREY A. BOYER, JR., CIVIL ACTION - LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of June, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Nicole L. Boyer and Jeffrey A. Boyer, Jr., shall share legal custody of the minor child, Collin Michael Boyer, born October 31, 2001. 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. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice .of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view. toward obtaining and following a harmonious policy in the children's best interest. 2. The parties shall share parenting of the child according to the following schedule: A. Effective May 29, 2003, Father shall have custody on alternative weekends from Thursday at 7 PM until Sunday at 7 PM. This schedule shall be followed during the months of May through August. B. Effective September 5, 2003, Father shall have physical custody on alternate weekends from Friday at 7 PM until Sunday at 7 PM. This custodial schedule shall be followed from September through April. NO. 03-1625 CIVIL TERM C. At all times when Father does not have custody, Mother shall have custody. 3. Vacation. Each parent shall be entitled to seven (7) days of continuous custody each summer for purposes of vacation. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 4. Transportation. Transportation shall be shared by the parties exchanging custody of the child at the Clark's Ferry Truck Stop. 5. Holidays. A. Labor Day 2003 and Independence Day 2003. Father shall have custody for these holidays. B. Easter. Easter shall be divided into two segments, Segment A and Segment B. Segment A shall be from 8 AM the Saturday before Easter until 8 PM the Saturday before Easter. Segment B shall be from 8 PM the Saturday before Easter until 8 PM Easter Sunday. In even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years, Father shall have Segment B and Mother shall have Segment A. C. Thanksgiving. Father shall have custody for Thanksgiving each year commencing at 7 PM on the Wednesday before Thanksgiving until 3 PM Thanksgiving day. Mother shall have custody each year from 3 PM Thanksgiving day until 8 PM the Friday after Thanksgiving. D. Mother's Day and Father's Day. The custodial period for Mother's Day and Father's Day shall be from 6 PM the day before the holiday until 8 PM the day of the holiday. Mother shall custody for Mother's Day. Father shall have custody for Father's Day. NO. 03-1625 CIVIL TERM E. Memorial Day. Labor Day and Independence Day. These holidays shall alternate beginning with Mother having custody for Memorial Day 2004. The custodial period for these holidays shall begin at 6 PM the day before the holiday and continue until 8 PM the day of the holiday. 6. A hearing is scheduled in C urtroom Number I of the Cumberland County Courthouse, on the 1.3+% day of , 2003, at 9:36 o'clock -L.M., at which time testimony will be ttakeq3 For the purposes of the hearing, the Father, Jeffrey A. Boyer, Jr., shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: JOAL 94cilo -- I J. Dist: Steven Howell, Esquire, 619 Bridge Street, New Cumberland, PA 17070 Jeffrey Allen Boyer, Jr., 28 W. Pine Street, Enola, PA 17025 TRUE COPY In testimony whereof, ands ' of $I C FROM RtCORD _ p 1 here Unto set my hand Attorney at law 619 Bridge Street o New Cumberland, Pennsylvania 17070 • Telephone 717-770-1277 • Fax 717-770-1278 **** VIA TELECOPIER 561-4121 **** July 13, 2007 Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 RE: Boyer v. Boyer, No. 2003 - 1625 (Cumberland County - Custody) Dear Charles: I represent Nicole L. Boyer, n/k/a Nicole L. Bluestone. In 2003 you represented Jeffrey A. Boyer. I write regarding a dispute between our clients for the period July 18 - July 25, 2007. The parties are subject to an Order of Court dated August 13, 2003 which states: .i Each parent shall be entitled to a seven day continuous period of custodial time with the child with thirty days advance notice to the other party. See Page 2 of 8/13/03 Order. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. See 13 of 6/10/03 Order which is incorporated by reference in the 8/13/03 Order. On May 4, 2007 my client told Mr. Boyer that she intended to exercise her vacation to coincide with her wedding date of July 21, 2007. Ms. Bluestone followed this with a letter dated July 3, 2007 which was received by certified mail on July 7, 2007 by Mr. Boyer's new wife, Laura R. Boyer. On July 10, 2007 Mr. Boyer delivered a letter dated July 9, 2007 in person to my client refusing to permit the vacation/wedding time. Since Ms. Bluestone complied with the Order of Court and her letter clearly predates his letter she is entitled to the vacation week. Therefore, Mr. Boyer should not expect to have Collin for the period July 18, 2007 - July 25, 2007. Very truly SH/bth Enclosure EXHIBIT ? Q m Esquire CO •' CO NICOLE L. BOYER, KIN/A NICOLE L. IN THE COURT OF COMMON PLEAS OF BLUESTONE PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1625 CIVIL ACTION LAW JEFFREY A. BOYER, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, July 23, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 22, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. 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. 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 HAVE 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 4??- h? ???? 41- zml AUG 16,2007 01:44P 1175614121 Faye 2 AUG-16-:ZW07 82¢27 PM PATRICK LAUER r. a r NICOLE L. BOYER, : 1N THE COURT OF COMMON PLEAb OF + 1 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA f V. NO.: 1003-1625 CIVIL TERM JEFFREY A. BOYER. JR., CIVIL ACTION -.LAW CUSTODY Defendant L'RAITUpE In W1111DUAW AEPEARANC1t' TO THE PROTHONOTARY: Please withdraw the appearance of Charles E. Pctric. Esquire, in the above-captioned custody action as Marlin L. Markley. Iisquirc is entering his appearance on behalf of ft Defendant. kcbPcctfully submitted. -'° C Charles E. Ntrie, Esquire 3528 Brisban Street HarrisbutV, PA 17111 Date: 07 1134 29029 Tel, (717) 561-2284 TO THE PROTHONOTARY.- action, Please enter the appearance of Marlin I.. Markley. Esquire, in the above-captioned custody Date:_... a,07 Respectfully su ,-V arlit3,l-, Mtt dcy, Esquire 1,4w Offices of Patrick F. lAuer..1r., LLC 2108 Market Street Camp Hill. Pennsylvania 17011 ID# 84745 `['eel. (717) 763-1900 page A'JC 16,7007 01:12P 3 C7 ? C? _i - TSa . "ri cn 4--, AUG a i 20071+l NICOLE L. BOYER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-1625 CIVIL ACTION LAW JEFFREY A. BOYER, JR. Defendant IN CUSTODY ORDER OF COURT AND NOW, this !:1 t day of A tea, _ , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated June 10, 2003 and August 13, 2003 are vacated and replaced with this Order. 2. The Father, Jeffrey A. Boyer, Jr., and the Mother, Nicole L. Bluestone, formerly Boyer, shall have shared legal custody of the minor Child, Collin Michael Boyer, born October 31, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the Child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the Child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities, shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following an harmonious policy in the Child's best interest. 3. The Mother shall have primary physical of the Child. 4. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. During the school year, the Father shall have custody of the Child on alternating weekends from Friday at 1:00 p.m. when the Father shall pick up the Child after kindergarten at the C I =Z Ind 5- dS t4DZ ?1C? 4 a. i "Hl JO babysitter's residence, and after full day school begins the following year, on Friday after school when the Father shall pick up the Child at school unless he notifies the Mother at least one hour in advance that he is unable to do so. The Father's weekend periods of custody during the school year shall end on Sunday at 5:00 p.m. B. During the summer school break, the Father shall have partial physical custody of the Child on alternating weekends from Thursday at 3:00 p.m., when the Father shall pick up the Child at the childcare provider, through Monday at 5:00 p.m. when, on an alternating basis, the Father shall either transport the Child to the Mother's place of employment or the Mother shall pick up the Child at the Father's residence. 5. The parties shall share having physical custody of the Child on holidays as follows: A. Christmas: During the Christmas holiday in the years 2007 and 2008, the parties shall follow the regular custody schedule, with the exception that in 2007, the Father shall have a period of custody from December 26 at 1:00 p.m. through December 27 at 5:00 p.m. Beginning in 2009 and continuing thereafter, the Christmas holiday shall be divided into segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 2:00 p.m. In odd numbered years, the Father shall have custody during segment A and the Mother shall have custody during segment B. In even numbered years, the Mother shall have custody of the Child during segment A and the Father shall have custody during segment B. B. Thanksgiving: In every year, the Father shall have custody of the Child for the Thanksgiving holiday from Wednesday at 7:00 p.m. through Thanksgiving Day at 3:00 p.m., and the Mother shall have custody of the Child from Thanksgiving Day at 3:00 p.m. through 8:00 p.m. on Friday. C. Easter: The Easter holiday shall be divided into segment A, which shall run from 8:00 a.m. until 8:00 p.m. on the Saturday before Easter, and segment B, which shall run from the Saturday before Easter at 8:00 p.m. through Easter Sunday at 8:00 p.m. In even numbered years, the Father shall have custody of the Child during segment A and the Mother shall have custody of the Child during segment B. In odd numbered years, the Mother shall have custody of the Child during segment A and the Father shall have custody of the Child during segment B. D. Memorial Day/Independence Day/Labor Day: The periods of custody under this provision shall run from the day before the holiday at 6:00 p.m. through the day of the holiday at 8:00 p.m. In odd numbered years, the Mother shall have custody of the Child for Memorial Day and Labor Day and the Father shall have custody for Independence Day. In even numbered years, the Father shall have custody of the Child for Memorial Day and Labor Day and the Mother shall have custody of the Child for Independence Day. E. Mother's D"Nather's Day: In every year, the Mother shall have custody of the Child for Mother's Day weekend from Saturday at 6:00 p.m. through Sunday at 8:00 p.m. In every year, the Father shall have custody of the Child for the Father's Day weekend from 6:00 p.m. on Saturday through Sunday at 8:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Each parent shall be entitled to have custody of the Child for two (2) weeks for vacation each year upon providing at least 30 days advance written notice to the other parent. Vacation weeks under this provision may be scheduled either consecutively or non-consecutively at each parent's election. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. The parent who has custody of the child for vacation shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 7. This Order is entered pursuant to 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. cc: A lin L. Markley, Esquire - Counsel for Father even Howell, Esquire - Counsel for Mother BY THE COURT, NICOLE L. BOYER Plaintiff vs. JEFFREY A. BOYER, JR. Defendant Prior Judge: J. Wesley, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1625 CIVIL ACTION LAW 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Collin Michael Boyer October 31, 2001 Mother 2. A custody conciliation conference was held on August 27, 2007, with the following individuals in attendance: the Mother, Nicole L. Bluestone, formerly Boyer, with her counsel, Steven Howell, Esquire, and the Father, Jeffrey A. Boyer, Jr., with his counsel, Marlin L. Markley, Esquire 3. The parties agreed to entry of an Order in the form as attached. ?t Cp Date U Dawn S. Sunday, Esquire Custody Conciliator