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HomeMy WebLinkAbout01-04683,_ -- In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (71'n 240-6225 Fax: (71~ 240-6248 APRIL 8, 2005 Plaintiff Name: SANDRA D. sYSEE Defendant Name: LAwREISes N. BARD Iz Docket Number: oohs s zoos PACSES Case Number: oselo3los Other State ID Number: Please note: Ail correspondence must include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-etnployed or if you aze salazied by a business of which you aze owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense statement.) INCOME STATEMENT OF Section I: Income and Insurance INCOME: °' t Employer Address Type of Work Payroll No. 301 t`( Gross Pay per Pay Period $ ~(r (7 Pay Period (wkly., bi-wkly., etc.) iremized Payroll Deductions: Federal Witfdtoklin $ ~ Social Securi $ Local ItI~ - $ ' State Income Tax $ („ ReFirement 4 ~ $ Savirt s Bonds $ Credit Union $ Life Incur $ Health Insurance $ o T $ $ ' Other Deductions (specify) 4Y . $ R $ d ,ry s Net Pay per Pay Period $ ~ ~~, tm,~ OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest $ $ $ `~'~~ Dividends Pension Annul Social Securi Rents Ro allies Ex ennse Account Gifts Une to ment Workmen's Co nsation Other Other TOTAL $ $ TOTAL INCOME $ PROPERTY Ownership OWNED DESCRIPTION VALUE H W J Checking Accounts $ Savings Acwunts Credit Union Stocks/Honds Real Estate Odter TOTAL I$ * H=Husband; W=Wife; J=Joint Service Type M Focm IN-0OS Worker ID 21200 Income and Expense Statement PACSES Case Ntunber 086103105 Station ffi• Expensrc Instructions: Only show extraordinary expenses in this section unless you filled out Section II on page two. The categories in BOLD FONT are especially importam for calculating child support. If you aze requesting Spousal SupportlAPL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. EXPENSES (FiLL in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $ $ $ Parochial School College Religious Personal Clodting $ ,'I ( $ $ . _~od..._.... ______ ._._ _s _ . _ _ ~. Barber/ 'rd s Credit Payments Credit Card ~ ~ ~,{~~ (~ Char e Memberships Loaus Credit Union $ $ $ Miscellaneous Household Help $ $ $ Child rare ( ~r(~„(r Papers/books Ma azines { ~3~ .~~ ~,b~ Enterlainntent Pay TV ~,~3 ~8.g~ ~~ d. 8. Natation Gifts Legal fees Chantable on ' other G?..6 ~.la~.t 3 ~,~.~.d~ Alimony Pa eo Other $ $ $ aq='~~ Total WEEK MONTH YEAR E es: $ 7. $ $ ~5'.35i.0~ I verify [hat the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. (Fitt in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mongage/Rent $ ab,Rs $'d~ .d vv $d~.~~.oe~~ Maintenattce t ~,, ()(} Utilities Electric $ ~?~ (~ $ $ Gas Oil r (r ,({ ~[ --Tetephnne---_._ _-- _I_ -- __-. _ . _ ._._._.._{ _~,. water d{ 3 `d Sewer Em to ent Public Transport. $ $ $ Lunch $ ,~~ ({ ~~ Taxes Real estate $ ( $ $ { ~(, Q Personal Property Insurance Hdmeowner's $ ® $ $ ~t` x Automobile Life 6 , Accidem Health Other Auto obile Payments $ $ $ Fuel (, E Repairs ( ;'t Medical Doctor $ q $ $ ) .(1(1 nentigt §,1) d Orthodontist Hospital Medicine ( (~ ~~ pedal needs (glasses, braces, ortho.devices •7g ~,3 ~ Q,fs~+ Date Service Type M Plaintiff or Defendant Page 3 of 3 Form IN-008 Worker II) 21200 LAWRENCE M. BARD, II IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA B. BYBEE DEFENDANT • 01-4683 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 21, 2003 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 03, 2003 at 10:30 ANI for aPre-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/ Hubert X. Gilro3!, Esq. ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be iiiade 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 ,,~ ~~ ~ , I' /a~`~in. ~~ Y R_. :i. =~i i _, ~ ~ ~., aes9~~re~a~.~~a^r w, r _ -.- ~.. ~e~ ,n , , no- =e v. ? .. < <-~ ~ ~ ~arLx+~~.!: ~tffi _ _ -.. _.... _ __. _ _ ._. LAWRENCE M. BARD, II, IN THE COURT OF COMMON PLEAS OF i! Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA l7 v. :CIVIL ACTION-LAW SANDRA B. BYBEE, : N0. 01-4683 CIVIL Defendant : IN CUSTODY ORDER OF COURT AND NOW, 2003, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before ,the conciliator, at on the day of ,2003, at m., for aPre-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 THE COURT, By: Custody Conciliator 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 cc: Lindsay Dare Baird, Esq. John C. Porter, Esq. Conciliator LAWRENCE M. BARD, II, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW SANDRA B. BYBEE, : NO. 01-4683 CIVIL Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, comes the Plaintiff, Lawrence M. Bard, II, by and through his attorney, Lindsay Dare Baird, Esquire, and respectfully avers the following: 1. Plaintiff resides at 319 Franklin Street, Carlisle, PA 17013 and is the natural father of Benjamen T. Bybee, born January 24, 2001. 2. Defendant, Sandra B. Bybee, resides at 305 W. Willow Street, Carlisle, PA 17013 and is the child's natural mother. 3. A Court Order was issued in this matter on October 24, 2001. That Order is attached and marked Exhibit "A". 4. Paragraph 10 of the Order provides that the parties work together to arrange for the care of the child when ill. The parties have been unable to resolve the issue and the Plaintiff seeks the Court's assistance. 5. While not addressed in the Order, the decisions about day care for the child have become problematic. The parties cannot agree on whether the child should be in day care for three days or five days each week and the Plaintiff seeks the Court's assistance. WHEREFORE, the Plaintiff, in seeking the best interest of the child, respectfully requests a conciliation conference to address the above petitioned matters. Respectfully submitted, i`L'ndsay Dare aird, Esquire ID# 72083 37 South Hanover Street Carlisle, PA 17013 (717)243-5732 ,, ~; ~~ 1,., LAWRENCE M. BARD, Il; [N TFIE COURT OF COMMON PLEAS OP Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAU' SANDRA B. BYBEE, NO.OI -4683 CIVIL Defendant 1N CUSTODY COURT ORDER AND NOW. this /~t-%- day of October, 2001, upon consideration of the attached Custody Conciliation Report, tt is ordered and directed as follows: This court's prior order of September 11, 2001 is vacated. 2. The Mother. Sandra D. Bybee. and the Father. Lawrence M. Bard, II, shall enjoy shared legal custody of Begjamen T. Bybee, born ,Ianuary 24, 2001. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every Friday and Satw~day from Noon until 6:(IO p.m. "this shall extend through November 25.2(101. B. Starting November 30, 2001. Father's periods of temporary custody shall be alternating weekends from Frida}' at Noon through Saturday at 6:00 p.m. This alternating weekend schedule shall be on the weekend oi'November ~0. 2001, December 14, 2001, December 28, 2001 and .Ianuary 11, 2002. Also, slatting at this time, Father shat! enjoy custody of the minor child ai the Friday before Mother's weekend, the time being from when Mother goes to work on Friday morning until when Mother returns home from work on Friday in the late a ernoon. 1'he specific.=, witi? respect to exchange of custody shall be worked out between the parties. C. Starting January 25, 2002, Father's periods of physical custody shall he alternating weekends from Friday at Noon until Sunday at 6:00 p.m. 5. Father shall also enjoy periods of temporary physical custody with the minor child at such other times as agreed upon by the parties. and the patties may modih the custody schedule set forth above as they agree. EX[3IBIT "A" 6. The parties shall alternate custody on the following major holidays: Thanksgiving, Easter, Memorial Day, .iuly 4`h, and Labor Day. The schedule shall start with Father enjoying custody on Thanksgiving 2001 with the parties alternating holidays as set forth herein thereafter. cc 7. For the Christmas holiday, for Christmas 2001, Father shall enjoy custody of the minor child on Christmas Eve from 9:00 a.m. until 7:00 p.m. Mother shall have custody of the minor child from Christmas Eve at 7:00 p.m. ttuough the entire Christmas Day. Future Christmas holidays shall be worked out between the parties pursuant to an alternating schedule. 8. Both parties shall enjoy at least two weeks of vacation with the minor child during the summer months, these weeks to be non-consecutive and each party advising the other parent in writing at least thirty (30) days in advance as to when they intend to exercise :heir vacation schedule. 9. Mother shall always have custody of the minor child for the entire day on Mother's Day and Father shall ahvays have custody for the entire day on Father's Day. This provision shall supercede any other provision of this order. 10. The parties shall work with each other to allow for the Father to take care of the minor child when the minor child is sick so that Mother can go to work and allow Father to share the responsibilities with respect to those types of obligations. I L This is a shared custody order such that both parents enjoy the right to obtain all inforn~ation concerning the health and welfare of the minor child. Specitically, this order authorizes all health facilities and daycare facilities to treat each parent the same with respect to sharing information. This will include the Father's ability to visit the minor child at a daycare center when the child is in daycare but technically in the custody of Mother, such visits to not disrupt any daycare procedures. 12. Neither party shall consume alcohol while they have custody of the minor child. Additionally, communications between the parties shall be limited solely to matters relating to custody or the minor chiid. l3. This order is entered pursuant to an agreement reached by the pa+•[ies at a custody conciliation conference. [n the event either party desires to modify this order, that party may petition the court to have this case again scheduled with the custody conciliator for a conference. BY Tl{E COURT, ~r~~ ~ ~ J .dgar ~/ ayley Kobert G. Frey. Esquire Kirstin M. S~veigard, Esquire ~i~~g~ ~°:'"°~ ~a~`~~+r~ ~~rf`~"~ in restitn:r:~: ~ ~.nf, 1 ;Para unto s:' d end ~+e seal ct staid ourP a'r ~3rfisie, ~ :.. I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unsworn falsification to authorities. _~~ ~~~ Lawrence M. Bard, II, Plaintiff W ~ ~ V ~ ~ o` r r-, ~, L f-~= --. `_': ..-.~ - 4F ~ f'Fi~ ~ e~ _.4 __ i - _ t ,- i _r, ter.: -_ L.._ _ _° .. . rl ~ ;fl c ~ .~"" -~ ;; - ..: ~ar€~ _... 5~ .. ~ +~tf,~flr€3}(€~~3~ sw.a,.x ~ ,3n~ _.-~1d ~ is n -., rz,.~ u,~'E~FYi~9~$' LAWRENCE M. BARD, II 1N THE COURT OF COMMON PLEAS~OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA D. BYBEE • 01-4683 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 09, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 06, 2001 at 9:30 a.m. for aPre-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/ Hubert X. Crilro~, 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. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-3166 s °~~ ~~~ G' ~ /G ~ - ~ /~.o~s ~~ /0- 0/ $ /O- O/ ~ yli~Jt~U.S~~~~4~i1~ ,Fl.PI~~C~~, ~: ~°., ~ ~ . „ ~ .~ ; ,-t it 1 `i1~ ~ ~`% y ,~,~t~er J,. ~ . '~ '-.s a~_ A?~~IN_._ :~ .~?,~^~s~..:~~wu?em.~ti Mx .rc.•rv vi s,:.., .:;~, ..P~;~.r .r*...,,,e,- .~ .,, c.-,"ar~~r ~?+r~:~2 LAWRENCE M. BARD, H, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW AUG ®8~ SANDRA D. BYBEE, NO. O1-~,(loF3 CIVIL TERM Defendant CUSTODY ORDER OF COURT AND NOW, this day of July, 2001 upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ,the conciliator, at ,Cumberland County, Pennsylvania on the day of , 2001, at o'clock _. m. for aPre-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 THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information abouot accessible facilities and reasonable accomodations available to disabled individuals having business before the court, please contact our office (See Court Administrator Office listed below). All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LHiERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 LAWRENCE M. BARD; II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW SANDRA D. BYBEE, NO. O1- ~l6P3 CIVIL TERM Defendant CUSTODY COMPLAINT FOR CUSTODY AND NOW comes Lawrence M. Bard, II by and through his attorneys, Frey & Tiley, and states as follows: 1. Plaintiff is Lawrence M. Bard, II, an adult individual, currently residing at 319 Franklin Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Sandra D. Bybee, an adult individual, currently residing at 305 West Willow Street, Apartment 103, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural pazents of Benjamen T. Bybee, born January 24, 2001. The child was born out of wedlock. The child is presently in the custody of Defendant, Sandra D. Bybee, who resides at 305 West Willow Street, Apartment 103, Carlisle, Cumberland County, Pennsylvania. During the past five years, or since the child's birth, the child has resided with the following persons at the following addresses for the folowing periods of time: NAME ADDRESS DATE Sandra D. Bybee 305 West Willow Street, Apartment 103 1/24/01 Carlisle, Cumberland County, Pennsylvania The natural mother of the child is Sandra D. Bybee, currently residing at 305 West Willow Street, Apartment 103, Carlisle, Cumberland County, Pennsylvania. She is unmarried. The natural father of the child is Lawrence M. Bard, II, currently residing at 319 Franklin Street, Carlisle, Cumberland County, Pennsylvania. He is unmarried. 4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff resides with the following persons: NAME RELATIONSHIP None 5. The relationship of the Defendant to the child is that of Mother. The Defendant resides with the following persons: NAME RELATIONSHIP Benjamen T. Bybee son 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 7. Plaintiff seeks to have reasonable and regulazly scheduled periods of partial custody of the child which have been denied to him up to this time. 8. The best interest and permanent welfaze of the child will be served by granting the relief requested because it will promote the development of a closer relationship between the child and his father and his father's family and will aid in the mental, physical and emotional growth of the child. 9. Each parent whose pazental rights to the child have not been terminated and the person who has physical custody of the child have been named parties to this action. No other persons aze known to have or to claim any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him shazed legal custody and partial physical custody of his child, Benjamen T. Bybee. Respectfully submitted, Frey & Tiley By: Rob rt G. Frey Supreme Court I.D. No. 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717)243-5838 I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. Dated: July 19, 2001 ~` ^ ' J '64 S ~ 1 /r 8 ~~ ~ ~~ C C. V ~s ` ~ 1 _~ c.~ ~s L~ F- O ~y ,~; ,- ~,=~ ,~ -_n -C) ~~ -1`'~ :.zs .~.. 4khe3nsm a~,,rxti e~.rtn^m ~.,,., ==r:~ic@~.,s~i~ ;ersJ}kx n _rm~~R i"Ys.e+®€? ~F~ ~ o zoa~~' LAWRENCE M. BARD, II, IN THE' COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW SANDRA B. BYBEE, NO.O1 - 4683 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this ~L day of September, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Sandra D. Bybee, and the Father, Lawrence M. Bard, II, shall enjoy shared legal custody of Benjamen T. Bybee, born January 24, 2001. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Once a week for a period of five and one half hours (5%2 hours) from Noon on Friday until 5:30 p.m. on Friday. hi the event the parties work out arrangements to the contrary, the parties may change the date or timeframe as they agree. 4. While Father has custody of the minor child, Father shall not consume alcohol. 5. Communications between the parties shall be limited solely to matters relating to the minor child. 6. The parties shall meet again with the conciliator for another custody conciliation conference on Friday, October 12, 2001 at 10:30 a.m. 7. It is anticipated that Father's periods of temporary custody shall be expanded over time to include overnights, assuming there are no problems with Father exercising custody. In the event the parties themselves reach an agreement that would justify canceling the custody conciliation conference, le al counsel for the parties may proceed with contacting the conciliator to c~neal conference. BY J. cc: Robert G. Frey, Esquire ~, _ ~~, 6~ Kirstin M. Sweigard, Esquire '~"f '~`° ~'~"''"'~"t' \ ~7~" ° ~ ~ ~~ ; ~ c~ ~ ~' '1JtL ~ ~ ~ r~ ®, LAWRENCE M. BARD, II, Plaintiff v SANDRA B. BYBEE, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.OI -4683 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Benjamen T. Bybee, bom January 24, 2001. 2. A Conciliation Conference was held on September 6, 2001, with the following individuals in attendance: The Father, Lawrence M. Bazd, II, with his counsel, Robert G. Frey, Esquire; and the Mother, Sandra D. Bybee, with her counsel, Kirsten M. Sweigard, Esquire. 3. The parties agree to the entry of an order in the form as attached. DAT Hubert X. Gilroy, E uire Custody Concilia r F~_ ~ ~ t1 t.V ~ ~.T ,, r LAWRENCE M. BARD, II, IN TEIE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIV IL ACTION -LAW SANDRA B. BYBEE, NO: Ol - 4683 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this ~~day of October, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This court's prior order of September 11, 2001 is vacated. 2. The Mother, Sandra D. Bybee, and the Father, Lawrence M. Bard, II, shall enjoy shared legal custody of Benjamen T. Bybee, born January 24, 2001. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every Friday and Saturday from Noon until 6:00 p.m. This shall extend through November 25, 2001. B. Starting November 30, 2001, Father's periods of temporary custody shall be alternating weekends from Friday at Noon through Saturday at 6:00 p.m. This alternating weekend schedule shall be on the weekend of November 30, 2001, December 14, 2001, December 28, 2001 and January 11, 2002. Also, starting at this time, Father shall enjoy custody of the minor child on the Friday before Mother's weekend, the time being from when Mother goes to work on Friday morning until when Mother returns home from work on Friday in the late afternoon. The specifics with respect to exchange of custody shall be worked out between the parties. C. Starting January 2~, 2002, Father's periods of physical custody shall be altematirrg weekends from Friday at Noon until Sunday at 6:00 p.m. 5. Father shall also enjoy periods of temporary physical custody with the minor child at such other times as agreed upon by the parties, and the parties may modify the custody schedule set forth above as they agree. r 6. The parties shall altertrate custody on tht following major holidays: Thanksgiving, Easter, Memorial Day; July q`~', and Labor I3ay. The schedule shall start with Father enjoying custody on Thanksgiving 2001 with the parties alternating holidays as set forth herein thereafter. 7. For the Christmas holiday, for Christmas 2001, Father shall enjoy custody of the minor child on Christmas Eve from 9:00 a.m. until 7:00 p.m. Mother shall have custody of the minor child from Christmas Eve at 7:00 p.m. through the entire Christmas Day. Future Chrishnas holidays shall be worked out between the parties pursuant to an alternating schedule. 8. Both parties shall enjoy at least two weeks of vacation with the minor child during the summer months, these weeks to be non-consecutive and each party advising the other parent in writing at least thirty (30) days in advance as to when they intend to exercise their vacation schedule. 9. Mother shall always have custody of the minor child for the entire day on Mother's Day and Father shall always have custody for the entire day on Father's Day. This provision shall supercede any other provision of this order. 10. The parties shall work with each other to allow for the Father to take care of the minor child when the minor child is sick so that Mother can go to work and allow Father to share the responsibilities with respect to those types of obligations. 11. This is a shared custody order such that both parents enjoy the right to obtain all information concerning the health and welfare of the minor child. Specifically, this order authorizes all health facilities and daycare facilities to treat each parent the same with respect to sharing information. This will include the Father's ability to visit the minor child at a daycare center when the child is in daycare but technically in the custody of Mother, such visits to not disrupt any daycare procedures. 12. Neither party shall consume alcohol while they have custody of the minor child. Additionally, communications between the parties shall be limited solely to matters relating to custody of the minor child. 13. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event eitherarty desires to modify this order, that party may petition the court to have~t r)t~as again scheduled with the custody conciliator for a conference. THE Edgar B. cc: Robert G. Frey, Esquire Kirstin M. Sweigard, Esquire a j~,~~', ~~~~-6L fi„m ;~~ r~.. ~~%V`J,°17 t uNr,;~;~ ~,,~ s+~n~'~ k ~ ~~ bl:; rr~ 1;~~ } r ,~ad~~~;~,;~,_ , _ _, ; .. .. ,,, LAWRENCE M. BARD, II, Plaintiff v SANDRA B. BYBEE, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.01- 4683 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Benjamen T. Bybee, born January 24, 2001. 2. A Conciliation Conference was held on October 19, 2001, with the following individuals in attendance: The Father, Lawrence M. Bard, II, with his counsel, Robert G. Frey, Esquire; and the Mother, Sandra D. Bybee, with her counsel, Kirsten M. Sweigard, Esquire. 3. The parties agree to the entry of an order in the form as attached. ~l~ 6~ DATE Hubert X. Gilroy squire Custody Conci 'ator LAWRENCE M. BARD, II, Plaintiff v. SANDRA B. BYBEE, Defendant To: Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 01-4683 CIVIL IN CUSTODY PRAECIPE WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. Date: ~<-~~?ov Z R 1p c lly sub~itte~~ Robert G' Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 (717)243-5838 ENTRY OF APPEARANCE Kindly enter my appeazance on behalf of Lawrence M. Bard, II, Plaintiff in the above- captionedmatter. rResp ctfully submitted; 1 Date: o'? a `~ ~ y / i~~e!,QZc.: ~ Cc~ ~~ L' dsay D. Ba' d, squir 37 South Hano r Street Carlisle, PA 17013 (717) 243-5732 x `` - I' :3 i_~ - -~- "J [r T~ "~' ~ i - - ... -I ~~. ~_ e1~ ~ .7 ~~' ~ -_ - t ~~ _ - ~i t~ - ~ K (~_, {S.~ u -., wr ~x , a.jrr. yr nnt.~s!nstin' _ ... LAWRENCE M. BARD II, Plaintiff v. SANDRA B. BYBEE, Defendam IN TF~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4683 CIVLI, IN CUSTODY PRAECIl'~ TO ENTER APPEARANCE AND WITHDRAWAL TO THE PROTHONOTARY: 1. Kindly enter the appearance of John C. Porter, Esquire, as Counsel of Record for the Defendant in the above matter. Please serve all papers to 61 West Louther Street, Carlisle, PA 17013. 2. Please withdraw the appearance of undersigned counsel on behalf of the Defendant, Robert P. Kline. I, Robert P. Kline, Esquire, hereby withdraw my representation of the defendant in the above captioned matter. ~~ ~--=~ _~"-X12003 Robert P. Kline, Esquire Z / 2S / 2003 BY: ~+ John C. Porter, Esq. PA Sup. Ct. ID# 90152 Attorney for Defendant 61 W. Louther St. Carlisle, PA 17013 (717) 249-1177 C7 ~ C_. C ~+-' TI - _ "Ou~ 3°%t _ _ Cll F4^ A_' LtiV .- - _- ~ (-, RS _ ,.,j GGi 'Y ~ '_,-~ . r_; ~~ -G L~S _ / ,i_ _.g#%€~wnwas. ~~ar, vn .ak,=@sp~a tiw, r~+y ,~-,~.?t*rnflrfi°~~ ='~i~r- SANDRA B. BYBEE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-4683 CIVIL ACTION LAW LAWRENCE M. BARD, R IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, May 16, 2003 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 12, 2003 at 8:30 AM for aPre-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~ Hubert X Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements musbbe 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 ., O ~' ~ ~ i~ ~ ~~s ~; 1 :4; .. ~~,~ i~ n ~ l1 ~ ' L. =f:1 ~:, j ,1t>~ i~?,J l enn+~ac~ «.. s> MAY 1 5 2003 ~ 61- ~~83 e,~~~ C5 NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for partial custody. If you wish to defend against the claim set forth is the following pages, you may but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on the day of , 2003, at _ .M., in Courtroom, of the Cumberland County Courthouse located at Courthouse Square, Cazlisle, Pennsylvania. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order for partial custody, you may be found in contempt of court and committed to jail, fined or both. 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 Baz Association -• 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 DATE: BY THE COURT: J. l SANDRA B. BYBEE Petitioner v. LAWRENCE M. BARD, H, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. O1- 4683 CIVII, IN CUSTODY ORDER OF COURT AND NOW, this day of , 2003, 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 , 2003, at m., for aPre-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 THE COURT: By: Custody Conference Officer 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 ]east 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 .°' x SANDRA B. BXBEE Petitioner v. LAWRENCE M. BARD, II, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. O1- 4683 CIVIL IN CUSTODY PETITION FOR CONTEMPT 1. Petitioner is Sandra Dee Bybee, who resides at 305 West Willow Street, Apt. 103, Carlisle, PA 17013. 2. Respondent is Lawrence M. Bard, II, who resides at 319 Franklin Street, Cazlisle, PA 17013 3. On October 24, 2001, the Honorable Edgar B. Bayley of the Cumberland County Court of Common Pleas entered a Custody Order regazding Benjamen T. Bybee, (d.o.b. 1/24/01) the natural child of Petitioner and Respondent. 4. The October 24, 2001, Order, at ¶10, provided that the :[t]he parties shall work with each other to allow for the Father to take care of the minor child when the minor child is sick so that Mother can go to work and allow Father to share the responsibilities with respect to those types of obligations." A true and correct copy of that Order is attached as Exhibit "A." 6. Since the entry of Judge Bayley's Order, Respondent has willfully failed to obey the Order as follows: a) Since the entry of the October 24, 2001 Order, Petitioner has been forced to miss more than fifteen full days of work Ti ~ due Respondent's failure to honor his obligation under the Court Order when the minor child has been sick. See Exhibit "B." b) Petitioner's regulaz absences from work has been noted by her Supervisor. c) Petitioner has to admit that she is unable, at times, to keep up with her work assignments and responsibilities due to these regular absences. d) Respondent concedes that Petitioner has had to take the most time off from work to caze for her and Respondent's ill child. e) Respondent fails to acknowledge that since the entry of the Court Order he has never taken a day off from work when his child has been ill. ~ Respondent refuses to commit to a schedule where he and Petitioner alternate in sharing the responsibility to take care of the minor child when the minor child is sick. 7. Respondent has willfully, continually, and matter-of-factly violated the Judge Bayley's Custody Order. 8. Respondent is so resolved in his contemptuous behavior that he acknowledges that an alternating schedule of caze for the child is a solution to this issue yet he unequivocally refuses to agree to this solution. WHEREFORE Petitioner prays this Court to adjudge Respondent in Contempt and to Order Respondent to reimburse Petitioner for her legal expenses which were made necessary by his own contemptuous conduct. BY: ohn C. Porter Attorney for Petitioner PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-1177 ,'~ VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date Petitioner, Sandra D. Bybee ~ ;.~ . EXHIBIT A LAWRENCE M. BARD, (I, Plaintiff v SANDRA B. BYBEE_ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.01 -4683 CIVIL tN CUSTODY COURT ORDER AND NOW, this ~ day of October, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: This court's prior order of September l 1, 2001 is vacated. 2. The Mother, Sandra D. Bybee, and the Father, Lawrence M. Bard, II, shall enjoy 4 shared legal custody of Benjamen T. Bybee, bom January 24, 2001. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every Friday and Saturday from Noon until 6:00 p.n;. This shalt extend through November 2~, 2001. B. Slatting November 30, 2001, Father's periods of temporary custody shall be "alternating weekends from Friday at Noon through Saturday at 6:00 p.tn. This alternating weekend schedule shall be on the weekend of November 30, 2001, December 14, 2001, December 28, 2001 and January l 1, 2002. Also, starting at this time, Father shall enjoy custody of the minor child on the Friday before Mother's weekend, the time being from when Mother goes to work on Friday morning anti( when Mother returns home from work on Friday in tl;e late a°emoon. The specifics wi*.h respect to exchange of custody shall be worked out between the parties. C. Starting January 25, 2002, Father's periods of physical custody shall be alternating weekends from Friday at Noon until Sunday at 6:00 p.m. 5. Father shall also enjoy periods of temporary physical custody with the minor child at such other times as agreed upon by the parties. and the patties may modih• the custody schedule set forth above as they agree. .. w~~~,a cc 6. The parties shall alternate custody on the following major holidays: Thanksgiving, Easter, Memorial Day, July 4`", and Labor Day. The schedule shall start with Father enjoying custody on Thanksgiving 2001 with the parties alternating holidays as set forth herein thereafter. 7. For the Christmas holiday, for Christmas 2001, Father shall enjoy custody of the minor child on Christmas Eve from 9:00 a.m. until 7:00 p.m. Mother shall have custody of the minor child from Christmas Eve at 7:00 p.m. through the entire Christmas Day. Future Christmas holidays shall be worked out between the parties pursuant io an alternating schedule. 8. Both parties shall enjoy at least two weeks of vacation with the minor child during the summer months, these weeks to be non-consecutive and each party advising the other parent in writing at least thirty (30) days in advance as to when they intend to exercise their vacation schedule. 9. Mother shall always have custody of the minor child for the entire day on Mother's Day and Father shall always have custody for the entire day on Father's Day. This provision shall supercede any other provision of this order. 10. The parties shall work with each other to allow for the Father to take care of the minor child when the minor child is sick so that Mother can ,o to work and allow Father to share the responsibilities with respect to those types of obligations. 11. This is a shared custody order such that both parents enjoy the right to obtain all information concerning the health and welfare of the minor child. Specifically, this order authorizes all health facilities and daycare facilities to treat each parent the same with respect to sharing information. This will include the Father's ability to visit the minor child at a daycare center when the child is in daycare but technically in the custody of Mother, such visits to not disntpt any daycare procedures. 12. Neither party shall consume alcohol while they have custody of the minor child. Additionally, communications between the parties shall be limited solely to matters relatir,~ to custedv of the minor child. 13. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to modify this order, that party may petition the court to. have this case again scheduled with the custody conciliator for a conference. BY TFiE COURT, ~S 1 J. dgar .Bayley Robert G. Fre}'. Esquire Kirstin M. Sweigard, Fsquirc TRUE CCFY FRr?~';1 p.ECCRD In Testimony ~~.it'.rof, I here u-to set my hand and seal, ouuf said f ourt at~fisl ' Pa. ,, !' Thi~...........l.. dat/ aE„~........~.~ ~ ~.1~. LAWRENCE Ivt. BARD, II, Plaintiff v SANDRA B. BYBEE, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1 -4683 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OP PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1' The pertinent infomlation pertaining to the child who is the subject of this litigation is as follows: Benjamen T. Bybee, bom January 24, 2001. 2. A Conciliation Conference was held on October 19, 2001, with the following individuals in attendance: The Father, Lawrence M. Bard, lt, with his counsel, Robert G. Frey, Esquire; and the Mother, Sandra D. Bybee, with her counsel, Kirsten M. Sweigard, Esquire. 3. The parties agree to the entry of an order in the form as attached. ~~22 6( DATE Hubert ~. Gilrov Esquire Custody Conci 'ator EXHIBIT B Summary of Respondent's Violations of Court Order of October 24, 2001 Date Parent llescription ~ 12/24/01-12/31/01 Petitioner Petitioner took off work - DCCC closed over Christmas. 1/09/02 Petitioner Took off day -Minor child is sick. 1/10/02 Respondent Picked Minor child up this evening instead of tomorrow morning -Minor child is sick. I/14/02 Petitioner Took off day -Minor child is sick. 2!06102 Petitioner Took off 1 hoax -Minor child is sick. 2/07/02 Petitioner Took off day -Minor child is sick. No sick leaue; Annual leave. 2/12/02 Petitioner Took off day -Minor child is sick. No sick leave; Annual leave. 2/24/02 Respondent Scheduled custody weekend -Minor child is sick. 2/25/02 Petitioner Took off day -Minor child is sick. No sick leave; Annual leave. 2/26/02 Petitioner Took off day -Minor child is sick. No sick leaue; Annual leave. 4/23/02 Petitioner Took off day -Minor child is sick. Sick leave. 4/24/02 Petitioner Took off day -Minor child is sick. Sick leave. 5/09/02 Lttr. From Attorney Baird re: Schedule routine Doctor's appointments on Fridays 5/10/02 Respondent Scheduled custody day - Minor child is sick. 5/22/02 Lm. From Attorney Kline re: Respondent not fulfilling his obligation to cover when Minor child is sick. 5/31/02 F Petitioner Consultation with Ear Specialist. 5.5 hours personal leave instead of 2.0, because Respondent late, despite his attorney's request to have Doctor appointments scheduled on a Friday. 6/17/02 Petitioner Took off 3.5 hours -Minor child is sick. Annual leave. 6/18/02 Petitioner Took off day -Minor child is sick. No sick leave; Annual leave. 6/19/02 Petitioner Arranges caze for Minor child. Respondent still out of town and his Mom can't help. 6/28/02 F Petitioner Took off 4.0 hours. Respondent is no show at Dr. appointment, despite his attorney's request to have Doctor appointments scheduled on a Friday. 7/17/02 Petitioner Took off 1.0 hour. Minor child is sick. Sick leave. 7/28/02 Respondent Scheduled custody weekend. Minor child is sick. 8/12/02 Petitioner Took off day -Minor child is sick. No sick leave; Personal leave. 9/10/02 Petitioner Took off day -Minor child's tube sureerv. Annual leave. Respondent is a no show - Dr. tells Petitioner to stay home. ~~ 11/14/02 12/11/02 - 12/12/02 12/14/02 3/17/03 4/14/03 4/15/03 Petitioner Took off 1 hr. Minor child is sick. Annual leave. Petitioner Took off 15 hours. Minor child is sick. Annual leave. Respondent Scheduled custody weekend. Minor child is sick. Petitioner Took off 2.5 hows. Minor child is sick. Petitioner Minor child sick with Conjunctivitis. Petitioner leaves a message with Respondent explaining that Minor child will not be able to attend Child Care the following day because of his Conjunctivitis. No response from Respondent. Petitioner Minor child sick with Conjunctivitis. • /~, r. • LINDSAY DARE BAIRD ATTORNEY AT IAW 37 SOUTH HANOV ER CARLISLE, PENNSYLVANIA 17013-3307 iEL. (717) 243-5732 FaX (717) 243-8110 May 9, 2002 Robert P. Kline, Esquire 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 No. 01-4683 IN CUSTODY ear Rob: Thank you for telephone call of May 2, 2002. Mr. Bard and I had met prior to ur call, but needed to meet a second time to be complete. I believe I have already faxed to you the paper from my client's employer explaining that he does not receive pay for days off. He works forty-hour weeks in four days. If Monday is a holiday, he receives no pay for the day. He will be seeking to work on Fridays after a holiday to make up the day. Support is calculated on his working forty hour weeks and when he does not, he must pay money that he does not earn. The daycare center (Dickinson College Children's Care) will be renewing their contracts for June. Since Mr. Bard is typically off on Fridays, it is wasteful to continue to pay for five days of daycare. We propose having the contract for daycare three days only, Tuesday, VVednesday and Thursday. On Mondays that Ms. Bybee works, Mrs. Bard, the paternal grandmother, would be willing to watch Benjamin. In reference to Benjamin's sick days, Mr. Bard can not take off of work. As we have explained, the Union is unforgiving. It is my client's belief that many of the sick days have the pattern of being after Mr. Bard's weekend with Benjamin. Mr. Bard does not believe that the child is sick many of the days he is purported to be. I offer the following as an example. On April 24th, Ms. Bybee made a doctor's appointment for Benjamin. Mr. Bard attended the appointment. Ms. Bybee reported to the physician's assistant that she had taken the child's temperature two times prior to the 8:00 A.M. appointment and that he had temperatures of 102.4 and 102.6. However, the PA took the temperature and it RE: Bard v. Bybee w { ' t Robert P. Kline, Esquire May 9, 2002 Page 2. was 98.8. Even though there was no elevated temperature, Ms. Bybee opted to take the day off anyway. This is what Mr. Bard believes is the pattern. The child is not really ill. On the daycare emergency contacts form which is renewed quite often, Ms. Bybee has nobody listed as an alternative to call should Benjamin become ill while at daycare. Mr. Bard has listed the paternal grandmother as his alternate and neither he nor she has never been called. On a different, but related, topic we would appreciate it if you would discuss the scheduling of doctor appointments with your client. She is aware that Mr. Bard has Fridays off and she does not attempt to schedule routine appointments on Fridays. Would she please consider that? Clearly, non routine appointments must occur when needed. The custody order addresses week long periods of custody in the summer. Please understand that Mr. Bard employment has its busy time in the summer and there will be no opportunities for him to take a week's vacation. We would request that we come together on two other weeks in the year that Mr. Bard can have the extended time with Benjamin. These issues seem to be ones that the parties should be able to work through together, however the relationship appears to be strained and so they need our assistance. I look forward to hearing from you once you have had an opportunity to share this letter with Ms. Bybee. Thank you for you time, Rob. truly your; /Lindsay Dare ird LDB/nfa cc: Mr. Lawrence M. Bard, II r, ~ . ROBERT P. KLIYE, ESQ. KIRSTtY ~1. SwEIGARD, ESQ. 111111 Lindsay D. Baird, Esquire 37 S. Hanover Street Carlisle, PA 17013 X307 Via facsimile and first class mail Dear Lindsay: May 22, 2002 Re: Bard v. Bybee Cumberland Co. No. 01-4683 Civil Term This letter serves as a follow-up to our telephone conversation of Tuesday, May 21, 2002. You have advised me that you will be attempting to contact Mr. Bazd to schedule a meeting with him in your office on this coming Friday, and have asked me to put into writing some of the issues and concerns raised by my client so that you can address those issues with Mr. Bazd. First and foremost, please keep in mind that the primary issue involved is your client's willingness and/or ability to be available for his son at times when his son is ill. My client has used up her sick time, personal time, and vacation time in order to accommodate Benjamin when he has been ill. Your client's accusations that my client is taking time off with Ben just to take time off from work aze baseless and without any foundation whatsoever. The Court Order dated October 24, 2001 specifically provides that "the parties shall work with each other to allow for the father to take caze of the minor child when the minor child is sick so that mother can go to work and allow father to shaze the responsibilities with respect to those types of obligations." My client's primary concern is that your client continues to ignore this provision of the Court Order which was entered at a conciliation conference and, therefore, was an issue which he specifically agreed to at this time. All we ask is that he honor his agreement. I understand that there are concerns with the fact that he may lose pay on those days when he must watch Ben, but, quite frankly, Sandy's situation is very similar in that she has used valuable vacation time which she had hoped to spend with Ben when he is healthy, as most pazents would expect to do, and her supervisor at work has addressed with her the extent of her absences as a result of Ben being ill. Quite frankly, it concerns my client that your client's response to the isstte at hand, as described above, was a switch to three days per week daycaze as opposed to five days per week ~, . r r, ~ Lindsay i7. Baird, Esquire M'ay 2,2, 2002 Page Two daycare, with your client's mother caring for the child on Mondays and your client caring for the child on Fridays. This is problematic for a number of reasons. First, he certainly cannot predict a day of the week that Ben might become ill and, ~'rrerefore, your client's proposal ignores the issue at hand. Second, your client has advised. my client that your client has been hesitant to leave Ben alone with his mother at all because your client feels she is too old. At one point, your client even advised my client that he hadn't left Ben alone yet with his mother because of his concerns. My client does not know whether that sihiation has changed. Then, all of a sudden, after creating these concerns in my client's mind based upon his own statements, your client proposes that his mother watch Benjamin. one full day each week. The third concern. regarding your client's proposal was addressed in your letter and is a matter you and I have discussed on the telephone. Your client has proposed that he have Ben each Friday. He then advises us that there may be Fridays in which he needs to work, without making any suggestion as to who would care for Ben on those Fridays when he works. Certainly, if there is a contract for three days of daycare per week, there can be no guarantee that a place will be available for Ben on those Fridays that your client may need to work. All in all, based upon your client's complaints as to why he cannot provide care for his son when he is ill, and the nature of the proposal that he made which fails to address the ultimate issue, it would appear that your client's primary concern is money, not necessarily what is best for his child. All that having been said, based upon the comments that your client has made regarding h.is mother, my client is reluctant to have your client's mother as a regular caregiver for Benjamin. However, noting that she may be the best individual available who is related to Benjamin, she would reluctantly agree to allow your client's mother to care for Benjamin at times when Ben is ill and my client requests your client to be available and your client cannot make himself available, which essentially is one step in the right direction toward resolving the ultimate issue addressed in the first paragraph above. Please discuss these matters with your client so that our clients can come to some type of understanding as to who will be available for Ben when he is ill. Once that issue is resolved to my client's satisfaction; I will then be in a position to discuss with her your client's other proposal., Very truly yours, 12obert P. h'.Iine, Esquire Izl'hJsrf cc: Sanely Bybc:e a '' - x9 ~6e2+$t~apS S;4P 5a~4^+aa :gs_ e~ °.._ ~+ .'fig<.~FF LAWRENCE M. BARD, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW SANDRA B. BYBEE, : NO. 01-4683 CIVIL Defendant : IN CUSTODY Certificate of Service I, John C. Porter, Counsel for the Defendant, Sandrea B. Bybee, hereby certify that a true and correct copy of the Petition for Contempt, in the above captioned case was served upon, Lindsay Baird, Esquire, Counsel for the Defendant, Lawrence M. Bard, II, on the 16`h of May, 2003 in the following manner: First Class Prepaid Postage to Lindsay Baird, Esquire 37 South Hanover St. Carlisle, PA 17013. I also certify that on May 29, 2003, I, John C. Porter, Counsel for the Defendant, Sandra B. Bybee, served Lindsay Baird, Esquire, Counsel for the Defendant, Lawrence M. Bard, II, with a true and correct copy of the Order of Court by the Custody Conciliator, in the above captioned case in the following manner: First Class Prepaid Postage to Lindsay Baird, Esquire 37 South Hanover St. Carlisle, PA 17013 Date $ I Z 9 I 0 3 ~C-Vp John C. Porter, Esq. Counsel for Defendant PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-1177 c `!, ~~ t'r'i ~,~ -~ aa. ., _^ [.: ~ ~ i ~~ JUN 2 .~ 2003 Jai - 2~9e~ ~ SANDRA B. BYBEE Petitioner v. LAWRENCE M. BARD, II, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. O1- 4683 CIVIL IN CUSTODY ORDER OF COURT AND NOW, this 3 ~ day of ~, 2003, it is ORDERED AND ^l i C~. ~ EED that Plaintiff's Motion for a Hearing before a Judge is 2md~-- ... c.,~.:iPn fi-%c ~ yy~.%4 St~.+tQ be 6.R..~.u4r,~.1. Sii~1~Qi'fi:.~1r o~ Llaaring hafnra Qi n.•f T~...4,._ T~{:nl...ol D...,,71 T; > e e ~I. . a ~~, 1 /~ _IN/ ~~ ~ w G Lv M G J ~IlN~ii~sshS~1~4~~, an „ f, ,, , -, ~- ~, Lz:u~~~ ~-f~nr~~ -~~~_4~ ~a. ac ~~~~',~ _~_ - ~ryyn.~N'X~.2 7y~ ~ ~.e-vt~R~"F€as5 asst uf'a a~ ~ze;v-?i5 ~r ., SANDRA B. BYBEE Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. LAWRENCE M. BARD, II, Respondent CIVIL ACTION -LAW NO. O1 - 4683 CIVIL IN CUSTODY PLAINTIFF'S MOTION. FOR A HEARING BEFORE A JUDGE PURSUANT TO Pa. R.C.P. 1915.4-1 (bl(11 1. Pursuant to Local Rule 206-2, concurrence in this motion was sought from opposing counsel, however opposing counsel denied concurrence because "having the matter heard before the Judge is [not] necessary." 2. Benjamen T. Bybee, born January 24, 2001, is the child who is the subject of this custody matter and is also the child who is the subject of the related support matter. 3. Plaintiff, Sandra D. Bybee,' is the child's natural mother and she and the child reside at 305 W. Willow Street, Apt. 103, Carlisle, PA 17013. 4. Plaintiff's work week runs Monday through Friday during daytime hours. 5. Defendant, is the child's natural father and he resides at 319 Franklin Street, Carlisle, PA 17013. 6. Defendant's work week typically runs Monday through Thursday during daytime hours. 7. In October, 2001, this Court entered a Custody Order for the parties and their child (attached as Exhibit A). ' The Plaintiff's Middle Initial in the original caption in this Custody Action is incorrectly stated as "B:'. ~ ~ 8. Paragraph "10." of that Order instructed that "[t]he parties shall work with each other to allow for the Father to take care of the minor child when the minor child is sick so that Mother can go to work and allow Father to share the responsibilities with respect to those types of obligation" (hereinafter referred to as the sick-child care issue). Exhibit A. 9. Not only has Defendant not taken time off from work to care for the child himself, but he has not been supportive in helping Plaintiff to find substitute caze. 10. This sick-child care issue is the subject of a Petition for Contempt filed by Plaintiff and is an issue Defendant has raised in a Petition to Modify Custody. (Petition for Contempt attached as Exhibit B; Petition to Modify Custody attached as Exhibit C.) 11. Also an issue in Defendant's Petition to Modify Custody Order is whether the child should be enrolled in a three-day or five-day daycare program. 12. The October 2001 Custody Order provides Defendant with a period of partial custody of the child every Friday. Exhibit A, ¶4(B)-(c). 13. The October 2001 Custody Order provides Plaintiff with Custody of the child every Monday through Thursday. See Exhibit A. 14. From July 1, 2002, through approximately April 24, 2003, the child was enrolled in a three-day-per-week daycare program via a contract with Dickinson College Child Care. 15. This three-day-per-week daycare program ran Tuesday through Thursday. 16. The agreement between the parties for athree-day-per-week daycare program was the result of duress upon the Plaintiff. 17. Plaintiff has always desired to enroll the child in afive-day-per-week daycare program, but she was confronted by Defendant, last June a few days before the July 1 contract period began and was badgered and threatened into signing the contract. 18. Defendant assured Plaintiff that Defendant's Mother would care for the child on Mondays while both parents were at work. 19. The three-day-per-week daycare program has not been successful in that the Paternal Grandmother has not been sufficiently dependable for care of the child on Mondays and that the Defendant has not been supportive of aiding Plaintiff in finding substitutes or by caring for the child himself. 20.On, or about Apri128, 2003, after many failed attempts to have Defendant agree to a five-day-per-week daycare program, Plaintiff, herself, enrolled the child in a five-day- per-week daycare program at Dickinson College Child Care. 21. Soon thereafter, Defendant filed his Petition to Modify Custody Order. 22. AFour-day-per-week daycare is not available at Dickinson College Child Care. Five-dav-per-week Daycare Issue -Petition to Modify Custodv Order 23. The original Custody Order in this matter was issued by this Court on September, 11, 2001. 24. The original Custody Order was vacated and replaced by an October 24, 2001, Order of this Court, which order is still in effect. 25. On May 14"', Defendant filed a Petition to Modify Custody Order. 26. A Conference with Custody Conciliator Hubert X. Gilroy has been scheduled for July 3, 2003, as a result of Defendant's Petition. (Order attached as Exhibit D.) 27. The May 14~' Petition to Modify Custody Order raises the issue of whether the child should be in Daycare for three days or five days of each week. Five-day-Qer-week Davcare -Support Hearing Appeal 28. The original Support Order in this matter was entered by the Cumberland County Domestic Relations Section of this Court on June 6, 2001. 29.On March 5, 2003, Defendant Filed for a modification in Support and on April 23, 2003, the Cumberland County Domestic Relations Section of this Court modified the original Support Order. 30. Part of the modification of support was an allocation for afive-day-per-week daycaze program. 31. Defendant disagreed with the need for daycare increasing from three-days-per-week to five-days-per-week. 32. Defendant subsequently filed for a hearing de novo before the Domestic Relations Section of this Court. 33. Defendant's appeal was granted by an Order dated May 19, 2003, and the heazing de novo has been scheduled for June 24, 2003, before Support Master Michael Rundle. (Order attached as Exhibit E.) 34. The reason for Defendant's appeal is based solely upon his desire to avoid paying his share of five-day-per-week daycare expenses. 35. Defendant only wishes to pay his share ofthree-day-per-week daycare expenses. Summary of Daycare Issue 36. Through his Support Appeal to Domestic Relations, and his Petition to Modify Custody Order, Defendant has raised two separate facets of the same issue in two separate forums of the swine Court Division. 37. A Support Master' only has authority to make recommendations regarding support. Pa. R.C.P. 1910.12(d). 38. A Custody Conciliator only has authority to make recommendations regarding Partial Custody or visitation. Pa. R.C.P. 1915.4-2. 39. The Daycare Issue as presented by the Defendant implicates the need for both support and partial custody decisions. 40. Both of these decisions cannot be made by a Support Master or a Custody Conciliator, and therefore the Daycare Issue as presented by the Defendant constitutes a complex question of law that can only be resolved by a Judge of the Domestic Relations Section of the Court of Common Pleas. Sick-child Care Issue -Petition to Modifv Custodv Order 41. Defendant's May 14"' Petition to Modify Custody Order also raises a question as to whether the father should be required to share in the parental responsibilities of caring for the child when the child is ill. z See C.C.R.P. 1915.12, Note (explaining that in Cumberland County the "Hearing Officer" referred to in Rule 1910.12 Pa. R.C.P. is designated as the Support Master). 42. A Conference with Custody Conciliator Hubert X. Gilroy has been scheduled for July 3, 2003, as a result of Defendant's Petition. (Order attached as Exhibit D.) Sick-child Care Issue -Petition for Contempt 43. This very same issue -- whether the father should be required to share in the parental responsibilities of caring for the child when the child is ill -- was raised in a Petition for Contempt filed in this Court by the Plaintiff on May 13, 2003. 44. A Conference with Custody Conciliator Hubert X. Gilroy has been scheduled for June 12, 2003, as a result of Plaintiff's Petition. (Order attached as Exhibit F.) Summary of Sick-child Care Issue 45. Two separate Conciliation dates have been set to address this issue. Summary of Relief Requested 46. Pursuant to Pa. R.C.P. 1915.4-1(b)(1), Plaintiff moves this Court for a hearing before a judge, because the Daycare Issue raised by Defendant's Support Appeal and Petition to Modify Custody Order is a complex question of law that cannot be fully adjudicated except by a Judge who has both support and partial custody authority/subject matter jurisdiction/power of internal Common Pleas Court administration. 47. In addition, if a Judge is appointed to hear the daycare Issue, Plaintiff requests that the Judge also hear the other issue raised in Defendant's Petition to Modify Custody Order, the Sick-child Care Issue, and thereby consolidate Plaintiff s Petition for Contempt and Defendant's Petition to Modify Custody Order, as well as Defendant's Support Appeal into one proceeding.' 48. In one proceeding a Judge may eliminate two Conciliation Conferences and one Support Appeal. WHEREFORE Plaintiff moves this Honorable Court to grant a Hearing before a Judge pursuant to Pa. R.C.P. 1915.4-1(b)(1) on the matter of five-day daycare, and in the interest of judicial economy, to also consolidate the sick-child care issue in the same heazing. BY: ~ohn C. Porter Attorney for Plaintiff PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-1177 ' While Pa. R.C.P. 1931(c) is suspended in this Judicial District until further order of the Supreme Court of Pennsylvania, the rationale for that Rule likely applies in the present situation. See Pa. R.C.P. 1931, Explanatory Comment - 2002. Pa. R.C.P. 1931(c) provides that [t]wo or more actions under these Family Court Rules involving the same parties and common questions of law and/or fact shall be consolidated for heazing or trial unless the court determines that it is inappropriate or impractical to do so." VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. ~ - 3 4 - 2,-06.~ Date ~V Plaintiff, Sandy . Bybe LAWRENCE M. BARD, II, Plaintiff v SANDRA B. BYBEE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.OI -4683 CIVIL [N CUSTODY COURT ORDER AND NOW, this ~ day of October, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This court's prior order of September 11, 2001 is vacated. 2. The Mother, Sandra D. Bybee, and the Father, Lawrence M. Bard, II, shall enjoy shared legal custody of Benjamen T. Bybee, bom ,lanuary 24, 2001. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every Friday and Saturday from Noon until 6:00 p.m. 'this shall extend through November 25, 2001. B. Starting November 30, 2001, Fathers periods of temporary custody shall be alternating weekends from Friday at Noon through Saturday at 6:00 p.m. This alternating weekend schedule shall be on the weekend of November 30, 2001, December 14, 2001, December 28, 2001 and Januat 11, 2002. Also, starting at this time, Father shall enjoy custody of the minor child on the Friday before Mother's weekend, the time being from when Mother goes to work on Friday morning until when Mother returns home from work on Friday in the latz a°zmoon. The specifics will: respect to exchange of custody shall be worked out between the parties. C. Starting January 25, 2002, Father's periods of physical custody shall be alternating weekends from Friday at Noon until Sunday at 6:00 p.m. 5. Father shall also enjoy periods of temporary physical custody with the minor child at such other times as agreed upon by the parties. and the parties may modify the custody schedule set forth above as they agree. ,- 6. The parties shall alternate custody on the following major holidays: Thanksgiving, Easter, Memorial Day, July 4u', and Labor Day. The schedule shall start with Father enjoying custody on Thanksgiving 2001 with the parties alternating holidays as set forth herein thereafter. cc: 7. For the Christmas holiday, for Christmas 2001, Father shall enjoy custody of the minor child on Christmas Eve from 9:00 a.m. until 7:00 p.m. Mother shall have custody of the minor child from Christmas Eve at 7:00 p.m. through the entire Christmas Day. Future Christmas holidays shall be worked out between the parties pursuant to an alternating schedule. 8. Both parties shall enjoy at least two weeks of vacation with the minor child during the summer months, these weeks to be non-consecutive and each party advising the other parent in writing at least thirty (30) days in advance as to when they intend to exercise their vacation schedule. 9. Mother shall always have custody of the minor child for the entire day on Mother's Day and Father shall always have custody for the entire day on Father's Day. This provision shall supercede any other provision of this order. 10. The parties shall work with each other to allow for the Father to take care of the minor child when the minor child is sick so that Mother can go to work and allow Father to share the responsibilities with respect to those types of obligations. 11. This is a shared custody order such that both parents enjoy the right to obtain all information concerning the health and welfare of the minor child. Specifically, this order authorizes all health facilities and daycare facilities to treat each parent the same with respect to shazing information. This will include the Father's ability to visit the minor child at a daycare center when the child is in daycare but technically in the custody of Mother, such visits to not disrupt any daycare procedures. 12. Neither party shall consume alcohol while they have custody of the minor child. Additionally, communications between the parties shall be limited solely to matters relative to custody of the ~,^:iror child. 13. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to modity this order, that party may petition the court to have this case again scheduled with the custody conciliator for a conference. BY THE COURT, IS QZ J. dgar .Bayley Robert G. Fre •. Es uire !~ } q Kirstin h•1. S~~eigard, Esquire TRUE COPY FR!?f~A 1?s CORD in Testimony ~.~ h .roof, I here u..^.to set my hand and selfI, ,f,said f ourt at~fisl ' Pa. 7h' .............. dell 4~.~........ c ~ r~ ~, LAWRENCE M. BARD, II, Plaintiff v SANDRA B. BYBEE, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-4683 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH TI-1F. CL'MBGRLAND COUNTY CIVIL RULE OI~ PROCEDURE 19 ] 5.3-8(b), the undersigned Custody Conciliator submits the following report: 1` The pertinent information pertaining to the child who is the subject of this litigation is as follows: Benjamen T. Bybee, born January 24, 2001. 2. A Conciliation Conference was held on October 19, 2001, with the following individuals in attendance: The Father, Lawrence M. Bard, II, with his counsel, Robert G. Frey. Esquire; and the Mother, Sandra D. Bybee, with her counsel, Kirsten M. Sweigard, Esquire. 3. The parties agree to the entry of an order in the form as attached. Grl~ c~ DATE Hubert ~. Gilmy squire Custody Conci 'ator ~,~.~ SANDRA B. BYBEE Petitioner ~. LAWRENCE M. BARD, II, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol -4683-CIVIL CIVIL ACTION s ~~ L ~~ ~ - U- _ - T USTO~Y - ~ .: .- ' ~:; n, J LL, :~ 1 Y L C uy PETITION FOR CONTEMPT 1. Petitioner is Sandra Dee $ybee, who resides at 305 West Willow Street, Apt. 103, Carlisle, PA 17013. 2. Respondent is Lawrence M. Bard, II, who resides at 319 Franklin Street, Carlisle, PA 17013. 3. On October 24, 2001, the Honorable Edgar B. Bayley of the Cumberland County Coutt of Common Pleas entered a Custody Order regarding Benjamen T. Bybee, (d.o.b. 1/24!01) the natural child of Petitioner and Respondent. 4. The October 24, 2001, Order, at ¶10, provided that the :[t]he parties shall work with each other to allow for the Father to take care of the minor child when the minor child is sick so that Mother can go to work and allow Father to share the responsibilities with respect to those types of obligations: ' 5. A true and correct copy of that Order is attached as Exhibit "A: ' 6. Since fire entry of Judge Bayley's Order, Respondent has wiIlfiilly failed to obey the Order as follows: a) Since the entry of the October 24, 2001 Order, Petitioner has been forced to miss more than fifteen full days of work due Respondern's failure to honor his obligation under the Court Order when the minor child has been sick. See Exhibit "B:' b) Petitioner's regular absences from work has been noted by her Supervisor. c) Petitioner has to -admit that she is unable, at times, to keep up with her work assignments and responsibilities due to these regular absences. d) Respondent concedes that Petitioner has had to take the most time off from work to care for her and Respondent's ill child. e) Respondent fails to acknowledge that since the entry of the Court Order he has never taken a day off from work when his child has been ill. t) Respondent refuses to commit to a schedule where he and Petitioner alternate in sharing the responsibility to take care of the minor child when the minor child is sick. 7. Respondent has willfully, continually, andmatter-of-factly violated the Judge Bayley's Custody Order. 8. Respondem is so resolved in his contemptuous behavior that he aclmowledges that an alternating schedule of care for the child is a solution to this issue yet he unequivocally refuses to agree to this solution. _. Petitioner prays this Court to adjudge Respondent in Contempt and to Order Respondent to reimburse Petitioner for her legal expenses which were made necessary by his own contemptuous conduct. BY: Uohn C. Porter Attorney for Petitioner PA Sup. Ct. ID# 90152 61 W. Loather St. Carlisle, PA 17013 717-249-1177 .. -tea. VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa Conse Star. § 4904 relating to unswom falsification to authorities. 6 ~r- 203 Date Petitioner, Sandra D. Bybee - ~~T ~ v ,i :, ,1ry~ ~. .~:~ Lw~Y' t, LAWRENCE M. BARD, II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW SANDRA B. BYBEE, N0.01 -4683 CNIL Defendant IN CUSTODY COURT ORDER AND NOW, this ~ day of October, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This court's prior order of September 11, 2001 is yac.:ted. 2. The Mother, Sandra D. Bybee, and the Father, Lawrence M. Bard. [I, shall enjoy shared legal custody of $enjamen T. Bybee. born January 24, 2001. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every Friday and Saturday from Noon until G:00 p.m. This shall extend through November 2~, 200 f . B. yStarting November 30, 2001. Father's periods of temporary custody shall be "alternating weekends from Friday at Noon through Saturday at 6:00 p.m. This alternating weekend schedule-shall be on the weekend of November 30, 2001, December 14, 2001, December 28, 2001 and January 11, 2002. Also, starting at this time, Father shall enjoy custody of the minor child on the Friday before Mother's weekend, the time being from when Mother goes to work on Friday morning until when Mother .returns home from work on Friday in the late aPernoon. The speci5cs :~~th respect to exchange of custody shall be worked out between. the parties. C. Starting January 75, 2002, Father's periods of .physical custody shall be alternating weekends from Friday arNoon until Sunday at 6:00 p.m. 5. Father shall also enjoy periods of temporary physical custody with the minor child at such other times as agreed upon by the parties.. and the parties may modif}• the custody schedule set Forth above as the}• agree. ,rte 6. The parties shall alternate custody on the following major holidays: Thanksgiving, Easter, Memorial Day, July 4w, and Labor Day. The schedule shall start with Father enjoying custody on Thanksgiving 2001 with the parties alternating holidays as set forth herein thereafter. 7. For the Christmas holiday, for Christmas 2001, Father shall enjoy custody of the minor child on Christmas Eve from 9:00 a.m. until 7:00 p.m. Mother shall have custody of the minor child from Christmas Eve at 7:00 p.m. through the entire Christmas Day. Future Christmas holidays shall be worked out between the parties pursuant to an alternating schedule. cc: 8. Both parties shall enjoy at least two weeks of vacation with the minor child during the summer months, these weeks to be non-consecutive and each party advising the other parent in writing at least thirty (30) days in advance as to when they intend to exercise their vacation schedule. 9. Mother shall always have.custody of the minor child for the entire day on Mother's Day and Father shall always have custody for the entire day on ,Father`s Day. ~ This provision shalt supersede any otherprovision of this order. . 10. The parties shall work with each other to allow for the Father to take care of the minor child when the minor child is sick so that Mother can go to work and allow Father to share the responsibilities with respect to those t}•pes of obligations. I1. This is a shared custody order such that both parents enjoy the right to obtain all information concerning the health and welfare of the minor child. Specifically, this order authorizes all health facilities and daycare facilities to treat each parent the same with respect to sharing information. This will include the Father s ability to visit the minor child at a daycare center when the child is in daycare but technically in the custody of Mother, such visits to-not disrupt any daycare procedures. 12. Neither party shall consume alcohol while they have custody of the minor child. Additionally, communications between the parties shall be limited solely to matters relating to custody of the minor child. 13. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the-event either party desires to modify this order, that party may petition the total to have this case again scheduled with .the. custody conciliator for a conference. BY THE COURT, /S 1. dgar .Bayley Robert G. Frey. Esquire Kirstin M. S~eeigmd. Esquire TRUE CrPY FR`aM1 PLCORD In Testimony ~.+•ii :r_nf, I here unto set my hand and se~o~f( said ourt at~.fisl Pa. Th~..........1.. da~ tr€...~........c~ +'.~.~. r amthnrintaw+. f / /I „a~ _ LAWRENCE M. BARD, II. Plaintiff v SANDRA B. BYBEE, Defendant Prior Judge: Edgar B. Bayley M THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.01-4683 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH TI3.E CL'MBGRLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the foflow•ing report: l.` The, pertinent information pertaining to the child who is the subject of this litigation is as follows: Benjamen T. Bybee. born January 24, 2001. 2. A Conciliation Conference was held on October 19, 2001. with the following individuals in attendance: The Father, Lawrence M. Bard, II, with his counsel, Roben G. Frey. Esquire; and the Mother, Sandra D. Bybee, with her counsel, Kirsten M. Sweigard, Esquire. 3. The parties agree to the entry of an order in the form as attached. G~~ 6l DATE Hubert ~. Gilmy squi.: Custody Conci 'ator Summary of Respondent's Violations of Court Order of October 24, 2001 U01-12!31/01 Petitioner Petitioner took off warJc - DCC:G closes over Lnnstmas. 1/09/02 Petitioner Took off day -Minor child is sick. 1/10/02 Respondent Picked Minor child up this evening instead of tomorrow morning - Minor child is sick. 1/14/02 Petitioner Took off day -Minor child is sick. 2/06/02 Petitioner Took off l .hour -Minor child is sick. 2/07/02 Petitioner Took off day -Minor child is sick. No sick leave; Annual leave. 2/12/02 Petitioner Took off day - Minor c}rild is sick. No sick leave; Affiual leave. 224/02 Respondent Scheduled custody weekend -Minor child is sick. 225/02 Petitioner Took off day -Minor child is sick. No sick leave; Annual leave. 226!02 Petitioner Took off day -Minor child is sick. No sick leave; Annual leave. 423/02 Petitioner Took off day -Minor child is sick. Sick leave. 424/02 Petitioner Took off day -Minor child is sick. Sick leave. 5/09/02 Lttr. From Attorney Baird re: Schedule routine Doctor's appointments on Fridays 5/10/OZ Respondent Scheduled custody day - Minor child is sick. 522102 Lttr. From Attorney Kline re: Respondent not fulfilling his obligation to cover when Minor child is sick. 5/31/02 F Petitioner Consultation with Ear Specialist. 5.5 hoots personal leave instead of 2.0, because Respondent late, despite his attorney's request to have Doctor appoi~ments scheduled on a Friday. 6/17/02 Petitioner Took off 3.5 hours - Minor child is sick. Annum leave. 6/18/02 Petitioner Took off day -Minor child is sick. No sick leave; Annual leave. 6/19/02 Petitioner Arranges care for Minor child. Respondent still out of town and his Mom can't help. 628/02 F Petitioner Took off 4.0 hours. Respondem is no show at Dr. appoimment, despite his attorney's request to have Doctor appoi~e~s scheduled on a Friday. 7/17/02 .Petitioner Took off 1.0 hour. Minor child is sick. Sick leave. 728/OZ Respondent Scheduled custody weekend. Minor child is sick 8/12/02 Petitioner Took off day - Minor child is sick. No sick leave; Personal leave. 9/10/02 Petitioner Took off day -Minor child's tube sureerv. Annual leave. Respondent is a no show - Dr. tells Petitioner to stay home. „. 11/14/02 12!11/02 - 12/12/02 12/14/02 3/17/03 M1M03 M15/03 Petitioner Took off 1 hr. Minor child is sick. Annual leave. Petitioner Took off 15 hours. Minor child is sick. Amtual leave. Respondent Scheduled custody weekend. Minor child is sick Petitioner Took off 2.5 hours. Minor child is sick. Petitioner Minor child sick with Conjunctivitis. Petitioner leaves a message with Respondem explaining that Minor child will not be able to attend Child Care the following day because of his Conjunctivitis. No response from Respondem. Petitioner Minor child sick with Conjunctivitis. :~ ,~,.~ LINDSAY DARE BAIRD ArroaNEY' a7 law 37 SOLTB LB+vOVER I.GnYI$LE. PENNSYLVdNIe 17013-3307 SEL (717) 243-5732 May 9, 2002 Robert P. Kline, Esquire 714 Bridge Street P.O. Box 461 New Cumberland. PA 17070 FAIC (717) 243-8110 RE: Bard v. Bybee No. OT-4683 IN CUSTODY ear Rob: Thank you for telephone call of May 2, 2002. Mr. Bard and I had met prior to ~ur call, but needed to meet a second time to be complete. I believe I have already faxed to you the paper from my client's employer explaining that he does not receive pay for days off. He works forty-hour weeks in four days. If Monday is a holiday, he receives no pay for the day. He will be seeking to work on Fridays after a holiday to make up the day. Support is calculated on his working forty hour weeks and when he does not, he must pay money that he does not earn. The daycare center (Dickinson College Children's Care) will be renewing their contracts for June. Since Mr. Bard is typically off on Fridays, it is wasteful to continue to pay for five days of daycare. We propose having the contract for daycare three days only, Tuesday, Wednesday and Thursday. On Mondays that Ms. Bybee works, Mrs. Bard, the paternal grandmother, would be willing to watch Benjamin. In reference to Benjamin's sick days, Mr. Bard can not take off of work. As we have explained, the Union is unforgiving. It is my client's belief that many of the sick days have the pattern of being after Mr. Bard's weekend with Benjamin. Mr. Bard does not believe that the child is sick many of the days he is purported to be. I offer the following as an example. On April 24th, Ms. Bybee made a doctor's appointment for Benjamin. Mr. Bard attended the appointment. Ms. Bybee reported to the physician's assistant that she had taken the child's temperature two times prior to the 8:00 A.M. appointment and that he had temperatures of 102.4 and 102.6: However, the PA took the temperature and it Robert. P. Kline, Esquire May 9, 2002 Page Z. was 98.8. Even though there was no elevated temperature, Ms. Bybee opted to take the day off anyway. This is what Mr. Bard believes is the pattern. The child is not realty ill. On the daycare emergency contacts form which is renewed quite often, Ms. Bybee has nobody listed as an alternative to call should Benjamin become ill while at daycare. Mr. Bard has listed the paternal grandmother as his alternate and neither he nor she has never been called. On a different, but related, topic we would appreciate it if you would discuss the scheduling of doctor appointments with your client. She is aware that Mr. Bard has Fridays off and she does not attempt to schedule routine appointments on Fridays. Would she please consider that? Clearly, non routine appointments must occur when needed. The custody :order addresses week long periods of custody in the summer. Please understand that Mr. Bard employment has its busy time in the summer and there will be no opportunities for him to take a week's vacation. We would request that we come together on two other weeks in the year that Mr. Bard can have the extended time with Benjamin. These issues seem to be ones that the parties should be able to work through together, however the relationship appears to be strained and so they need our assistance. I took forward to hearing from you once you have had an opportunity to share this letter with Ms. Bybee. Thank you for you time, Rob. truly your; ~~ ~i'ndsay Dare Bird „~_ LDB/nfa cc: Mr. Lawrence M. Banc, II ~~~n Y:~T'sr'yF' <i.:l ~ Lindsay D. Baird, Esquire 37 S. Hanover Street Cazlisle, PA 17013-3307 Via facsimile and first class mail Dear Lindsay: ROBERT P. KL1\E. ESQ. KIRSTI\ ~I. $R'E[GARD. ESQ. May 22, 2002 Re: Bard v. Bybee Cumberland Co. No. 01-4683 Civil Term This letter serves as a follow-up to our telephone conversation of Tuesday, May 21, 2002. You have advised me that you will be attempting to contact Mr. Bazd to schedule a meeting with him in your office on this coming Friday, and have asked me to put into writing some of the issues and concerns raised by my client so that you can address chose issues with Mr. Bard. First and foremost, please keep in mind that the primary issue involved is your client's willingness and/or ability tm be available for his son at times when his son is ill. My client has used up her sick time, personal time, and vacation time in order to accommodate Benjamin when he has been ill. Your client's accusations that my client is taking time off with Ben just to take time off from work are baseless and without any foundation whatsoever. The Court Order dated October 24, 2001 specifically provides that "the parties shall work with each other to allow for the father to take Dare of the minor child when the minor child is sick so that mother can go to work and allow father to share the responsibilities with respect to those types of obligations." My client's primary concern is that your client continues to ignore this provision of the Court Order which was entered at a conciliation conference and, therefore, was an issue which he specifically agreed to at this time. All we ask is that he honor his agreement. I understand that there are concerns with the fact that he may lose pay on those days when he must watch Ben, but, quite frankly, Sandy's situation is very similar in that she has used valuable vacation time which she had hoped to spettd with Ben when he is healthy, as most parents would expect to do, and her supervisor at work has addressed with her the extent of her absences as a result of Ben being ill. Quite frankly, it concerns my client that your client's response to the issue at hand, as described above, was a switch to three days per week daycaze as opposed to five days per week rT Lindsay D. Baird, Esquire May 22, 2002 Page Two daycaze, with your client's mother caring for the child on Mondays and your client caring for the child on Fridays, Tlus is problematic for a number of reasons. First, he certainly cannot predict a day of the week that Ben might become ill and, therefore, your client's proposal ignores the issue at hand. Second, your client has advised my client that your client has been hesitant to leave Ben alone with his mother at all because your client feels she is too old. At one point, your client even advised my client that he hadn't left Ben alone yet with his mother because of his concems. My client does not }:now whether that situation'has changed. Then, all of a sudden. alter creating these concerns in my client's mind based upon his own statements, your client proposes that his mother watch Benjamin one full day each week. The third concem regazding your client's proposal was addressed in your letter and is a matter you and I have discussed on the telephone. Xour client has proposed that he have Ben each Friday. He then advises us that there may be Fridays in which he needs to work, wtthout maktng any suggestion as to who would care for Ben on those Fridays when he works. Certainly, if there is a contract for three days of daycare per week, there can be no guarantee that a place will be available for Ben on those Fridays that your client may need to work. All in all, based upon your client's complaints as to why he cannot provide care for his son when he is ill, and the nature of the proposal that he made which fails to address the ultimate issue, it would appear that your client's primary concern is money, not necessarily what is best for his child. All that having been said, based upon the comments that your client has made regarding his mother, my client is reluctant to have your client's mother as a regular cazegiver for Benjamin. However, noting that she may be the best individual available who is related to Benjamin, she would reluctantly agree to allow your client's mother to caze for Benjamin at times when Ben is ill and my client requests your client to be available and your client cannot make himself available, which essentially is one step in the t7ght direction toward resolving the ultimate issue addressed in the first paragraph above. Please discuss these matters with your client so that our clients can come to some type of understanding as to who will be available for Ben when he is ill. Once that issue is resolved to my client's satisfaction, I will then be in a position to discuss with her your client's other proposal. Very truly yours, Robert P. Kline, Esquire RPK/srf cc: Sa~~dy Bybee LAWRENCE M. BARD, II, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW SANDRA B. BYBEE, : NO. 01-4683 CIVIL Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NCW: comes the Plaintiff, Lawrence M. Bard, !i, by and through his attorney, Lindsay Dare Baird, Esquire, and respectfully avers the following: 1. Plaintiff resides at 319 Franklin Street, Carlisle, PA 17013 and is the natural father of Benjamen T. Bybee, born January 24, 2001. 2. Defendant, Sandra B. Bybee, resides at 305 W. Willow Street, Carlisle, PA 17013 and is the child's natural mother. 3. A Court Order was issued in this matter on October 24, 2001. That Order is attached and marked Exhibit "A". 4. Paragraph 10 of the Order provides that the parties work together to arrange for the care of the child when ill. The parties have been unable to resolve the issue and the Plaintiff seeks the Court's assistance. 5. While not addressed in the Order, the decisions about day care for the child have become problematic. The parties cannot agree on whether the child should be in day care for three days or five days each week and the Plaintiff seeks the Court's assistance. WHEREFGRE, the Plaintiff, in seeking the best interest of the child, respectfully requests a conciliation conference to address the above petitioned matters. cn Tastsmoay 4~narect, l here urta set my teano and the' .eai of Bald Caurt at Gartiste. Pa. fhis~,dab at ~ ~._ ~ ~= k ~,~s Orathonatary Respectfully submitted, indsay Dare" aird, Esquire ID# 72083 37 South Hanover Street Carlisle, PA 17013 (717)243-5732 I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unswom falsification to authorities. ~~~ ~ 1~~~ Lawrence M. Bard, II, Plaintiff SANDRA B. BYBEE IN'I'HE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAWRENCE M. BARD, II DEFENDANT • 01-4683 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, May 16, 2003 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 12, 2003 at 8:30 AM for aPre-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/ Hubert X. Gilroy, Esg. Custody Conciliator The Court of Common Pleas of Cumberland County is required bylaw 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 heazing 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 Baz Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (71.7) 249-3166'('~(j~ ~s`~P~ ~~~ ~EC®~® lla Te~iimony avnerooi, I i~era unto 1~°hatt~ ~~~ the soli Qf ~i4 Cou t at has~~..~ d-dy d U pf h4SP1t871r~j i ~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SANDRA D. BYBEE Plaintiff vs. LAWRENCE M. BARD II Defendant Docket Number .. ), PACSES Case Number Other State ID Number ORDER OF COURT You, SANDRA DEE BYBEE 00178 S 2.001 oselo3los plaintiff/defendant of PO BOX 222, 305 W WILLOW ST, CARLISLE, PA. 17013-3732-99 are ordered to appear at DOMESTIC RELATIONS xEARINC RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JUNE 24, 2003 at lo:3oAM for a hearing. You are further required to bring to the hearing: . -~t . :T„~.,,_, , ~ ~ o 1. a true copy of your most recent Federal Income Tax Return; includin 2 g W-2s, ~!~ed, ~°,, _ 2. your pay stubs for the preceding six (~ months, ~ ~ ~ - ~'~m ' -bc 3. verification of child care expenses,' and ~i ~ ~o ~ 0 4, proof of medical coverage which you may have, or may have available to yo~,~ ~n , D S. information relating to professional licenses ~~m •':~tf3cAr!t (CY'yilltther. .#~ci?.`t:l.t.r_2 ..a"i,.,'F'~ Cld . .,..Sf.- x si,k~:~r:.i st ~?.,~ ., .,r,y._. .. .... -pp , ~ ~. .. _~ . _,b.,..... x ~ -..J3 - Pursuant to Rebert v. Rebert, 67 MDA 2000, (Pa. Super. (HBG) 8!7/00), the parry requesting the appeal and hearing de novo may not withdraw the appeal and request for hearing de novo without the approval of the Court or the consent of the opposing parry. Any request for withdrawal of appeal must be accompanied by written consent from the opposing party to the withdrawal. Service Type M Worker ID 21302 ~.. '• -. _ _- ~,~,,,~, BYBEE v. BARD PACSES Case Number: 086103105 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: ~'l~ LAS JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. 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 MAY GET LEGAL HELP: co~ERLArm co BAR 32 S BSDEORD ST ., .,,.,..- .... .. :.. .....,. ~. CARLISLE PA17013-3302-32~ (717) 249-3166 -~ AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of COI~t+.RLAND 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 contacrouroffice at: -(717> zoo-e2zs . All arrangements-must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 - ~ ~,T,~ -~ ,~ SANDRA B. BYBEE PLAINTIFF V. LAWRENCE M. BARD, II DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 01-4683 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, May 16, 2003 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appeaz before Hubert X. Gilroy, Esq. ,the conciliator, at 4th F-oor, Cumberland County Courthouse, Carlisle on Thursday, June 12, 2003 at 8:30 AM for aPre-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 appeaz 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 schedaled hearing. FOR THE COURT, By:' /s/ Hubert X. Gilroy Esq.. 'r 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 Baz Association 32 South Bedford Street Cazlisle, Pennsylvania 17013 Telephone (717) 249-31~~,~ ~'*~~- ~~~~,~ ~i~~~~ )n TesfEnsaa:y, +~~eeof, I h;.re unto set my hand aad the seal of said Court at Carlisle, Pa, This .....loo........ day o£...lN {, ~/ v °~ w.....~.....6~ Prothonotatg / ~ a 6 i t~ . 1 _ ~1~ ~ ~, G .. c ~_ . _ . . -i'i ~_~ i>) f C3 ;~ ~!' ~ ~a 1? ~ -J ^< 4j VITfdR. .. ~E::-i x:: .'Irv -:.:'i Y' M .~z.§tx°.STMM1~' !vh3R:%/k`:3f A ;c(w.~.+ JUN 2 -2003 SANDRA B. BYBEE Petitioner v. LAWRENCE M• BARD, II, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. O1 - 4683 CIVIL IN CUSTODY MEMORANDUM OF LAW SUPPORTING PLAINTIFF'S MOTION FOR A HEARING BEFORE A JUDGE PURSUANT TO Pa. R.C.P. 1915.4-1(B)(1). 1. The business of the Common Pleas Court is allocated among divisions of that Court and the authority for a Domestic Relations Section within the Common Pleas Court is well established. 42 Pa. C.S.A. §952, 42 Pa. C.S.A. §961 2. The Pennsylvania Rules of Civil Procedure plots one set of rules for the resolution of Support issues and one set of rules for the resolution of Custody issues, even though both of these areas of law fall under the authority of the Domestic Relations Section of the Common Pleas Court. Pa. R.C.P. 1915.1 - 1915.25, Pa. R.C.P. 1910.1 - 1910.50. 3. Under the Rules for resolution of Support issues, each Court, by Local Rule, may adopt either atwo-tiered appeal process (Pa. R.C.P. 1910.11) or athree-tiered appeal process (Pa. R.C.P. 1910.12). 4. The Cumberland County Common Pleas Court has adopted the alternative hearing procedure set forth in Pa. R.C.P. 1910.12, the three-tiered process. C.C.R.P.1910.10. 5. Under thisthree-tiered process, a Support issue begins with an office conference with a conference officer, and then, if either party appeals that officer's decision, the issue is heard de novo by a hearing officer (in Cumberland County named the Support Master).° See Pa. R.C.P. 1910.12. 6. The Support Master only has authority to make recommendations regarding supports Pa. R.C.P. 1910.12(d). 7. The procedure for the resolution of Custody issues in Cumberland County is a two- tiered process in which a Custody Conciliator hears the issues at a conciliation conference and then makes a recommendation to the court regarding resolution of those issues. See C.C.R.P. 1915.3-2. 8. A Custody Conciliator only has authority to make recommendations regarding Partial Custody or visitation. Pa. R.C.P. 1915.4-2. 9. Neither the Custody nor the Support Rules for internal Cumberland County Common Pleas Court administration contemplates an initial hearing before a Judge as a matter of regular course. See Pa. R.C.P. 1915.1 to 1915.25, Pa. R.C.P. 1910.1 to 1910.50, C.C.R.P.1910.10 to 1910.12, C.C.R.P. 1915.1-1 to 1915.15. But see, C.C.R.P. 1915.3-3 (suggesting that the Court may specifically reserve matters for itself, foregoing the conciliation procedure). See C.C.R.P. 1915.12, Note (explaining that in Cumberland County the "Hearing Officer" referred to in Rule 1910.12 Pa. R.C.P. is designated as the Support Master). s The third tier in the Support process is an appeal by written exceptions to a Judge. Pa. R.C.P. 1910.12(h). s The second tier in the Custody process is a hearing before a Judge. C.C.R.P. 1915.3-9(b). 10. The Pennsylvania Rules of Procedure that govern the Custody process, however, allows a party to move for a hearing before a judge when a complex issue of law is involved. Pa. R.C.P. 1915.4-1(b)(1). 11. While no case on point exists to guide this Court, it stands to reason that if neither a Support Master or a Custody Conciliator can fully address an issue before them due to the lack of authority granted by law, the issue must be one that has risen to the level of complexity contemplated by Pa. R.C.P. 1915.4-I(b)(1). 12. In the present case the support and custody facts regarding three- or five-day daycare are inextricably intertwined; one facet of the issue cannot be examined and decided without addressing the other facet. 13. Only a Common Pleas Judge has the authority/subject matter jurisdiction/power of internal common pleas court administration to adjudicate this issue fully and fairly. 14. Additionally, at the same time, a Judge should address the other issue raised in Defendant's Petition to Modify Custody Order, an issue which is the subject also of Plaintiff s Petition for Contempt -- should the non-custodial parent be required to share in the responsibility of caring for the child when the child is sick? 15. Pa. R.C.P. 1931(c) provides that "[t]wo or more actions under these Family Court Rules involving the same parties and common questions of law and/or fact shall be consolidated for hearing or trial unless the court determines that it is inappropriate or impractical to do so." 16. Pa. R.C.P. 1931(c ), while suspended in this Judicial District until further order of the Supreme Gourt of Pennsylvania, offers a prudent answer to the question of whether or not the two issues between these parties, which are scheduled to be addressed on three separate dates, by two different Court Officials, should be consolidated. 17. The parties are the same, the facts of both issues are derived from a common time period and illustrate a common pattern of behaviors, and adjudication of both the daycare and sick-child care issues together will not only allow the Court to better understand the ramifications a decision on one issue may have on the other issue, but also will allow the Court to promote the interest of judicial efficiency and economy. WHEREFORE Plaintiff humbly requests this Court to consolidate Defendant's Support Appeal, Defendant's Petition to Modify Custody Order, and Plaintiff s Petition for Contempt into one hearing before a Judge. BY: John C. Porter Attorney for Plaintiff PA Sup. Ct. ID# 90152 61 W. Lowther St. Carlisle, PA 17013 717-249-1177 JUN 1 9 2003 LAWRENCE M. BARD, II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW SANDRA B. BYBEE, NO.Ol - 4683 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this ~~ day of June, 2003, upon consideration of the attached Custody Conciliation Report and after consultation with the conciliator on this case, it is ordered and directed as follows: 1. The request of the Mother, Sandra B. Bybee, to hold a hearing on her Petition for Contempt is DENIED on the basis that the Petition for Contempt relates to Paragraph 10 of this court's prior order of October 24, 2001. The terms of Paragraph 10 of said order are not such that this court will entertain contempt proceedings relating to that provision. 2. The order of October 24, 2001 shall remain in effect subject to the following modifications: A. Paragraph 10 of the order is removed. B. The Mother, as primary custodian, shall enjoy the right to select the arrangements for the child's daycare during the week. C. Father shall have custody of the minor child during the day on Friday of every week. In the event Father is not available on Friday because of work or otherwise and the child is not able to attend the normal daycare, it shall be Father's obligation to arras for care of the minor child on Friday. r' BY T1~ COURT, ' j / °~ J. / Edgar B. Bayley cc: ~I.' dsay D. Baird, Esquire ~hn C. Porter, Esquire , ~~~ OOOr ,~ ///~ ,~ ~} o,,•~ a ~~ ~"' ~ U~ ~ ~=~ ~Ca ~~ ~ ~ : J~ ~~ ~ ~ ~ -~ Z ~ ~ '-a ~~ O ,~ {.j j{ A . LAWRENCE M. BARD, II, Plaintiff v SANDRA B. BYBEE, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.OI-4683 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Benjamin T. Bybee, born January 24, 2001. 2. A Conciliation Conference was held on June 10, 2003, with the following individuals in attendance: The Father, Lawrence M. Bard, II, with his counsel, Lindsay D. Baird, Esquire; and the Mother, Sandra B. Bybee, with her counsel, John C. Porter, Esquire. 3. There are a number of issues between the parties. One issue was Mother's concerning over Paragraph 10 of the existing order which dealt with who would take care of the child when the child was sick. Another matter was the ability of the Father to mandate that the child is only in daycare three days a week rather than five. The conciliator spoke with the parties at length and the conciliator also spoke with Judge Bayley. Based upon those discussions, the conciliator recommends the entry of an order in the form as attached. U / DATE ~G~ ~J Hubert X. Gilroy, Custody Concilia~+ LAWRENCE M. BARD, II, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA B. BYBEE, DEFENDANT 01-4683 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of August, 2006, a hearing shall be conducted, on a petition of Lawrence M. Bard, II, for special relief, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 1:30 p.m., Wednesday, August 23, 2006. ~ndsay Dare Baird, Esquire For Plaintiff drew Shaw, Esquire For Defendant ~ sal ' The hearing will be limited to where the child attends school since the parents, who under a current custody order have joint legal custody, cannot agree on that issue. If the decision of this court is that the child attend private school, we will not resolve any issue regarding payment as the mother would have to seek contribution in support court. O~v }-. a, ~ ~~ Wca e C ..~. ~ ~~~ C ,~ , 'i: r`~ C ST ~~`F ~Q ( ~,~'-'jam u c^ ~r ~ ^~ 11 ~ C^ Q LC, ~ ;S ' ~'V !+' LAWRENCE M. BARD, II, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. SANDRA B. BYBEE, Defendant CIVIL ACTION-LAW NO. 01-4683 CIVIL IN CUSTODY ORDER OF COURT AND NOW, 2006, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before ,the conciliator, at on the _day of ,2006, at m., for aPre-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 THE COURT, Custody Conciliator 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 cc: Lindsay Dare Baird, Esq. Andrew Shaw, Esq. Conciliator LAWRENCE M. BARD, II, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW SANDRA B. BYBEE, : N0. 01-4683 CIVIL Defendant : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW,. comes the Plaintiff, Lawrence M. Bard, II, by and through his attorney, Lindsay Dare Baird, Esquire, and respectfully avers the following: 1. Plaintiff resides at 319 Franklin Street, Carlisle, PA 17013 and is the natural father of Benjamen T. Bybee, born January 24, 2001. 2. Defendant, Sandra B. Bybee, resides at 305 W. Willow Street, Carlisle, PA 17013 and is the child's natural mother. 3. A Court Order was issued in this matter on October 24, 2001 and one again on June 20, 2003. Those Orders are attached and marked Exhibit "A". 4. The parties share legal custody and are unable to agree on where the child will attend school. Mother has enrolled the child in private school and Father has done so in public school. WHEREFORE, the Plaintiff, in seeking the best interesYof the child, respectfully requests this Honorable Court grant his relief and order the child attend public school with free daycare or in the alternative, have Mother be responsible for paying tuition and daycare exclusively. Respectfully submitted, ~ O indsay are Baird, Esquire ID# 72083 37 South Hanover Street Carlisle, PA 17013 (717) 243-5732 I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unsworn falsification to authorities. ~~(~.TL Lawrence M. Bard, II, Plaintiff ~.ro , ~.. ' JUN .1 9 2003 LAWRENCE M. BARD, II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW SANDRA B.BYBEE, NO.01`-4683 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this t~0 day of June, 2003, upon consideration of the attached Custody Conciliation Report and after consultation with the conciliator on this case, it is ordered and directed as follows: 1. The request of the Mother, Sandra B. Bybee, to hold a hearing on her Petition for Contempt is DENIED on the basis that the Petition for Contempt relates to Paragraph 10 of this court's prior order of October 24, 2001. The terms of Paragraph 10 of said order are not such that this court will entertain contempt proceedings relating to that provision. 2. The order of October 24, 2001 shall remain in effect subject to the following modifications: A. Paragraph 10 of the order is removed. B. The Mother, as primary custodian, shall enjoy the right to select the arrangements for the child's daycare during the week. C. Father shall have custody of the minor child during the day on Friday of every week. In the event Father is not available on Friday because of work or otherwise and the child is not able to attend the normal daycare, it shall be Father's obligation to arrange for care of the minor child on Friday. ~ BY THE COURT, . S Edgar B. ~'c ~:.. COPY F RECORD M Testimony ~. hsreof, I here unto set my hand cc:. Lindsay D. Baird, Esquire ind the se~al0 sai CourtAisle, Pa. John C. Porter, Esquire .......... p ... ~X ~` ~ LAWRENCE M. BARD, II, Plaintiff v SANDRA B. BYBEE, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.OI-4683 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE- .WITH THE CUMBERLAlell) COUNTY :CIVIL :RULE OF PROCEDURE 1915.3-8(b), -the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Benjamin T. Bybee, born January 24, 21101. 2. A Conciliation Conference was held on June 10, 2003, with the follawing individuals in attendance: The Father, Lawrence M. Bard, H, with his counsel, Lindsay D. Baird, Esquire; and the Mother, Sandra B. Bybee, with her counsel, John C. Porter, Esquire. 3. There are a number of issues between the parties. One issue was Mother's concerning over Paragraph 10 of the e:dsting order which dealt with who would take care of the child when the child was sick. Another matter was the ability of -the Father to mandate that the child is only in daycare three days a week rather than five. The conciliator spoke with- the parties at length and the conciliator also spoke with Judge Bayley. Based upon those discussions, the rnnciliator recommends the entry of an order in the form as attached. U~ DATE ~G~ ~/ Hubert X. Gilroy, Custody Conciliar LAWRENCE h1. BARD. II. IN THE LOUR"f OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIV[L ACTION - LAVA' SANDRA B. BY$EE, NO. O1 -4683 CIVIL Defendant [N CUSTODY COURT ORDER ,r,, AND NOW. this ~_ day of October, 2001, upon consideration of the attached Custody Conciliation Report, tt is ordered and directed as follows: 1. This courts prior order of September 11, 2001 is vacated. 2. The Mother, Sandra D. Bybee, and the Father. Lawrence M. Bard, II, shall enjoy shared legal custody of Benjamen T. Bybee, born January 34.2001. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: .A. Every Friday and Saturday Irom Noon until 6:00 p.m. This shall extend through November 25.2001. B. Starting November 30, 2001. Father's periods of temporary custody shall be alternating weekends from Friday at Noon through Saturday at 6:00 p.m. This alternating weekend schedule shall be on the weekend of November 30. 2001, December 14, 2001, December 28.2001 and .Ianuaty 11, 2002. Also. starting at this time, Father shall enjoy custody of the minor child on the Friday before Mother's weekend, the time being ti-om when Mother goes to work on Friday morning until when Mother returns home from work on Friday in the latz aftemoo~i. 1ne specifics with respect to exchange of custody shall be worked out between the parties. C. Starting January 25, 2002, Father's periods of physical custody shall be alternating weekends from Friday at Noon until Sunday at 6:00 p.m. ~. Father shall also enjoy periods ol'temporary physical custody with the minor child at such other times as agreed upon by the parties. and the parties may modify the custody schedule set forth above as they agree. 6. The parties shall alternate custody on the following major holidays: Thanksgiving, Easter, Memorial Day, ,iuly 4`h, and Labor Day. The schedule shall start with Father enjoying custody on Thanksgiving 2001 with the parties alternating holidays as set forth herein thereafter. cc 7. For the Christmas holiday, for Christmas 2001, Father shall enjoy custody of the minor child on Christmas Eve from 9:00 a.m. until 7:00 p.m. Mother shall have custody of the minor child from Christmas Eve at 7:00 p.m. through the entire Chrisnnas Day. Future Christmas holidays shall be worked out between the parties pursuant to an alternating schedule. 8. Both parties shall enjoy at least two weeks of vacation with the minor child during the summer months, these weeks to be non-consecutive and each party advising the other parent in writing at least thirty (30) days in advance as to when they intend to exercise :heir vacation scl:edale. 9. Mother shall always have custody of the minor child for the entire day on Mother's Day and Father shall always have custody for the entire day on Father's Day. This provision shall supercede any other provision of t1~is order. 10. The parties shall work with each other to allow for the Father to take care of the minor child when the minor child is sick so that Mother can go to work and allow Father to share the responsibilities with respect to those types of ohli;ations. ll. This is a shared custody order such that both parents enjoy the right to obtain all information concerning the health and welfare of the minor child. Specifically, this order authorizes all health facilities and daycaze facilities to Ueat each parent the same with respect to sharing information. This will include the Father's ability to visit the minor child at a daycaze center when the child is in daycare but technically in the custody of Mother, such visits to not disnipt any daycare procedures. 12. Neither party shall consume alcohol while they have custody of the minor child. Additionally, communications between the parties shall be limited solely to matters relati ;~ to custoti~~ of the minor chiid. 13. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to modify this order, that party may petition the court to have this case again scheduled with the custody conciliator for a conference. BY THE COURT, Edgar B;; ayley J Robert G. Frey. Esquire .~ lii ~t~. ~•'~, r°R'iA^,J Te :~l/°f .t M'~AA+?T Kirstin M. Swei_trd. Fsquire t ,,.~ fl . „~,, ~v.,. ]n Y£'St+T.'i'' C0.`, i ~tBa9 ?; 1°tC 5, 'tl ., and ~' Slim CI' $a 14 OU~t at Lir~l`~", . . { 1.1' - n, ....`f.... d .~:z.........., Fro onotary ~+ ~~ - - ~xt a. ~~+ A c ,_ ^ ~' @ ~ +~'i°° k ~' r f:?~ ~~ '~~ '~ ~ .. ~ D'~ LAWRENCE M. BARD, II, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA B. BYBEE, DEFENDANT 01-4683 CIVIL TERM ORDER OF COURT AND NOW, this Z~ day of August, 2006, following a hearing, IT IS ORDERED that Benjamin Bybee, born January 24, 2001, who is in the primary physical custody of his mother, may attend private school if that is the mother's By the Court; / .. (~ n /./ indsay Dare For Lawrence Baird, Esquire M. Bard, II drew Shaw, Esquire For Sandra B. Bybee sal Edgar B. ~ ao~ ~,, ~~ ,~ ' We find, however, that it has not been demonstrated that Benjamin will benefit more from a private school education than a public school education, and that a private school education is not consistent with the standard of living and station of life of his parents. Although the mother may have him attend a private school there is no demonstrated need for such an education. See Fritchman-Pickford v. Pickford, 60 Support 1998, opinion filed July 3, 2006, on cross-exceptions to Support Master's Report. ~~ 1'~1 ~y ~.r~il V~~ ~~i~a~-t.~~lll~ ~~,! WIA~