Loading...
HomeMy WebLinkAbout99-00963 - ,:0 r.-- c' C f:-.:' ('''': =j .. , :.~;. -' ) C.~ " ::j '."-- -~! /?- ~:/ ..... :i ciJ .'-. ~ ~. j D_ :.0 ,:-' ::J ~'__' ~,::,1 () , I schedule shall begin five days prior to the commencement of school and shall end on Father's first period of regular weekend custody after the termination of the school year in the spring. B. SUMMER SCHOOL VACATION: During summer school vacation in each year, the Children shall be with both parents on alternating weeks, commencing with Father Dn the first regular week after the terminatiDn Df the schoDI year. Transfer Df the children shall be at a time and date mutually agreed upDn by the parties, and in the event the parties are unable to agree, at 7:00 p.m. Fridays. 3. The parties shall share physical custody of the Children over holidays as follows: A. CHRISTMAS: The Christmas Holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody Df the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The parties shall equally divide the remainder of the Christmas school break with the parent having Segment A of the Christmas Holiday also having custDdy of the Children during the first half of the remaining schDol break and the party having Segment B of the Christmas Holiday having custody of the Children during the second half of the remaining school break. B. THANKSGIVING: The Thanksgiving Holiday shall run from 7:00 p.m. on the Wednesday before Thanksgiving thrDugh 7:00 p.m. on Thanksgiving Day. The Mother shall have custody of the Children on Thanksgiving in odd numbered years and the Father sh.all have custody of the Children on Thanksgiving in even numbered years. In every year, the Father shall have custody of the Children during the remainder of their Thanksgiving school break. C. EASTER: The Easter Holiday shall run from 7:00 p.m. on the Saturday before Easter through 7:00 p.m. on Easter Sunday. The mother shall have custDdy Df the Children over the Easter Holiday in even numbered years and the Father shall have custody of the Children over E aster in odd numbered years. The parties shall equally divide having custody of the Children Dver their Spring break from school and/or their remaining Easter vacatiDn. '. TINA M. BAIR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 99-963 CIVIL TERM : SCOIT A. BAIR, : CIVIL ACTION - LAW Defendant : CUSTODY/VISITATION ORDER OF COURT 04 AND Nai, this ,,. day of 10,7 consideration of the attached Custody Concillation and directed as follows: , 1999, upon Report, it is ordered 1. The Mother, Tina M. Bair, and the Father, Scott A. Bair, shall have shared legal custody of Mark A. Bair, born February 6, 1994, and Ashley M. Bair, born October 9, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall share having custody of the Children in accordance with the following schedule: A. SCHOOL YEAR: During each school year, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody of the Children during alternating weekends from Friday at 7:00 p.m. through Sunday at 7:00 p.m. The Mother's primary custody of the Children under the school year schedule shall begin on Sunday, April 11, 1999 at 7:00 p.m. During the Fall in 1999, the Mother's school year period of primary physical custody of the Children shall begin with the Mother's regular weekend period of custody on August 27, 1999. Thereafter, the school year schedule shall begin five days prior to commencement of school in the Child or Children's school district and shall end on the Father's first period of regular weekend custody after the termination of the school year in the Spring. B. smlMER SCHOOL VACATION: During the summer school vacation in each year, the Father shall have primary physical custody of the Children and the Mother shall have partial physical custody of the Children on alternating weekends from Friday at 7:00 p.m. through Sunday at 7:00 p.m. The Father's period of primary custody during the Summer school vacation shall begin on Friday, May 29, 1999 at 7:00 p.m. In subsequent years, the Father's period of primary custody shall begin and end as specified in paragraph A of this provision. C. SPECIAL PROVISION: On April 6, 1999 at 7:00 p.m., the Mother shall transport Mark to the paternal grandmother's residence for the purpose of transferring custody to the Father and the Mother at the same time shall obtain custody of Ashley at the paternal grandmother's residence. The Mother shall return custody of Ashley to the Father on Friday, April 9, 1999 at 7:00 p.m. and the Father shall have a period of weekend custody with both Children from April 9, 1999 at 7:00 p.m. through April ll, 1999 at 7:00 p.m. Thereafter, the regular school year custody schedule shall begin with the Mother having primary physical custody of the Children and the Father having his first alternating period of weekend custody beginning April 16, 1999 at 7:00 p.m. 3. The parties shall share having custody of the Children over holidays as follows: A. CHRIS'ltoIAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. Notwithstanding the foregoing, the Father shall have custody of the Children in 1999 until Christmas Day at 2:00 p.m. instead of 12:00 noon. The parties shall equally divide the remainder of the Christmas school break with the parent having Segment A of the Christmas holiday also having custody of the Children during the first half of the remaining school break and the party having Segment B of the Christmas holiday having custody of the Children during the second half of the remaining school break. B. THANKSGIVING: The Thanksgiving holiday shall run from 7:00 p.m. on the Wednesday before Thanksgiving through 7:00 p.m. on Thanksgiving Day. The Mother shall have custody of the Children on Thanksgiving in odd numbered years and the Father shall have custody of the Children on Thanksgiving in even numbered years. In every year, the Father shall have custody of the Children during the remainder of their Thanksgiving school break. C. EASTER: The Easter holiday shall run from 7:00 p.m. on the Saturday before Easter through 7:00 p.m. on Easter Sunday. The Mother shall have custody of the Children over the Easter holiday in even numbered years and the Father shall have custody of the Children over Easter in odd numbered years. The pat.ties shall equally divide having custody of the Children over their Spring break from school and/or their remaining Easter vacation. D. MmlRIAL DAY/JULY 4th/LABOR DAY: The Memorial Day and Labor day holidays shall run from 7:00 p.m. on the evening before the holiday through 7:00 p.m. on the holiday. The July 4th holiday shall run from 7:00 p.m. on the evening before the holiday until after the fireworks on July 4th. In odd numbered years, the Mother shall have custody of the Children on Memorial Day and Labor Day and the Father shall have custody on July 4th. In even numbered years, the Father shall have custody of the Children on Memorial Day and Labor Day and the Mother shall have custody of the Children on July 4th. 4. The Mother shall be entitled to have custody of the Children for an uninterrupted one week period during each Summer school vacation upon providing at least thirty days advance notice to the Father. The Mother shall schedule her one week period of vacation custody under this provision to include the Mother's regular weekend period of custody, so that the alternating weekend custody schedule is not interrupted. 5. Both parties shall notify each other immediately of any medical emergencies involving the Children during his or her periods of custody. 6. If the Father objects to the Children obtaining care at the physician's office where the Mother works, the Father shall be responsible to select a different physician for the Children and provide all pertinent information to the Mother. In the event the Father chooses a physician other than the Mother's employer, the Father shall be responsible to pay all medical expenses not reimbursed by insurance. In the event the Mother is unable to obtain medical care for the Children due to the Father's failure to provide necessary information or to provide payment, the Mother may obtain care for the Children through her employer. 7. The parties agree that the Children shall have no contact with Natalie Rossi or James Day. In addition, the parties shall ensure that Ashley does not spend an overnight period at the home of Jason Horne, without another adult also being present. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The pat'ties may modify the provi.sions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Gary L. Kelley, Esquire - Counsel f-:7cf ~5~ . L J. Scott A. Bair, Father ~1c.L J'?"ld I 'CCl cc: -r;)S/99 fJ;:j I ~~m I a;~Eo<:;: is iSm::J::5 ~ I H Eo< ~"'~l ~ Eo< Eo< ~l :::.r .. ~ "a: , '0 ~CJ~ H ~2 i '3 ~ -g E ~ UJ 4-1 = 'il i</, - - H 4-1 . +J tJfl3 .~ - U5< il/( ~ , p", t1 >- ..... ~ t: .., i'1h. ":' c ~ o M" ~ +J ,t'J 8>< i :oJ ,_ ~ t: id . I ~ ~ ~8~~ 2 - ..... - t: "ifIt l:l ~ :::I a: III a: QJ ~I ... \ ~I ....0 Cl I H H...; H4-I E := f C ,g 8~~~ B ~'" ~~ -:.::: -.E eo S c m CJ ;: :: :t: O'l ~ riI . . . UJUJ ::::1~ I\'1'j on tTl.. ,} u :r: 2 :;; " ::J . ~ '" Eo<tQ ~ ~ CJ ~e H Eo< UJ " - " * \\()C\ \-,\, &,\r : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v, * ~c(Yrr A, &1\ r Defendant : CIVIL ACTION LAW :' NO, C(l::, ~ CIVIL 19 qcr : CUSTODY VISITATION ORDER OF COURT And now, this \() \, \:",\99" upon consideration of the attached complaint, it is hereby directed that the above parties and th~ir respective coun~el appear before ~ ~ ,~c\~1 Esquire, the conciliator, at ,':;;Q U, \J.\\\(\ (:)\-,-,' \-\("\\\\\'\\ c"-,b~c1 I, PeIUlsylvania, on the d':-J day of ""r>.XN'\tX>.\ , 1999, at &CJ() A.M.! ~ for a Pre-hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may be present at the conference, Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order, FOR THE COURT: By: - CN,) 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, THE CUMBERLAND COUNTY BAR ASSOCIA TroN 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 (B) Paragraph 7 of the Order should be deleted in its entirety as it relates to contact with Natalie Rossi and James Day, as the Defendant uses this provision to control the movements and actions of the Plaintiff and the children, and the provision bears no rational relationship to the best interest of the children, (C) A provision should be added to the Order pennitting both parents to have regular telephone access with the children, and vice versa, without interference by the other parent, (D) A provision should be added proscribing the parents from making derogatory comments about the other in the presence of the children and should make the best effort to prevent third parties from making like comments, (E) Paragraph 6 ofthe Order should be deleted in its entirety, as medical care for the children should be determined as appropriate by the custodial parent at the time medical care is needed, Defendant uses this provision to attempt to control the actions of the Plaintiff, (F) A provision should be added to the Order forbidding either parent to interfere with the day care decisions of the other parent while the children are in his or her custody, (G) A provision should be added to the Order requiring the parties to share ~JI/" - !I 1999 "- ~,I TINA M. BAIR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ./lCTION - LAW NO. 99-963 : SCOTT A. BAIR, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 8th day of November, 1999, the Conciliator, being advised by Plaintiff's counsel that Plaintiff's Petition for Modification was filed only to record the issues to be raised by the Plaintiff at the Hearing currently scheduled for December 2, 1999, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for November 23, 1999 is canceled. FOR THE COURT, Do~ CUstody Conciliator 1 THE COURT: I understand Mr, Bair has had 2 some problems with representation and has some other 3 procedural concerns, And I want to hear him out on that. 4 But before we do that, I am unclear as to what this hearing 5 is about today, You are the petitioner today? 6 MR, PURCELL: Yes, I am, 7 THE COURT: What are you asking for.? 8 MR, PURCELL: What we did, Your Honor, if 9 you remember correctly, Mr. Bair had originally filed a 10 petition for custody -- to change custody. We had a 11 hearing on that. And prior to that hearing I had filed a 12 cross petition to modify the order, tc basically iron out 13 some loose ends and to take away some of the flash points 14 that are used by Mr, Bair to create contention between the 15 two of them in their relationship. That was filed 16 THE COURT: So she is not asking to change 17 the underlying order in its basics? 18 MR. PURCELL: Oh, no, We just wanted to get 19 rid of a few of the provisi.ons that are in there, add a few 20 that will kind of fix things and smooth things out a little 21 bit. We had asked for that only a couple of days -- 22 apparently it only got filed about a week before the 23 hearing on the original custody claim. We did present all 24 of our testimony on our petition to modify, but Mr. Bair 25 then objected at the close of the hearing and said he did 2 1 not have sufficient time to prepare for it or whatever, so 2 we continued it until today, 3 THE COURT: I remember that, 4 MR, PURCELL: Frankly, Your Honor, I would 5 still stand on the previous testimony. I did originally 6 have two witnesses here under subpoena at the first hearing 7 that were merely corroborative of my client's testimony, 8 And one of the witnesses has just recently started his job 9 today. And I didn't want to take him away from that, So I 10 chose not to bring him here. 11 THE COURT: And this would be a change then 12 to the order of April 15th, '99? 13 14 15 16 17 18 19 20 21 actually did MR, PURCELL: Correct, Your Honor, And I I took the liberty of preparing a draft of a revised order with the changes, It incorporates pretty strictly the substance of the April 15th order. It takes out the portions of the order that relate to things that were supposed to occur in 1999, because they are passed, and then add some changes to things that we asked for in our original petition, THE COURT: But basically during the school 22 year she has custody, and during the summer he has custody? 23 MR. PURCELL: Well, no. One of the changes 24 we ask is that the summer be revised so they have a shared 25 arrangement during the summer. So I did have that in 3 1 there. And I said, this is just a proposed order for you. 2 One of the reasons for that is, again, because during the 3 summer, as she testified, he tends to just not let her have 4 any access to the children whatsoever. And the children 5 really ask to see their mother a little bit more often 6 than, you know, every other weekend whatever. So I do have 7 that in there that way, 8 THE COURT: Has Mr. Bair had the opportunity 9 to see this? 10 MR. PURCELL: No. I just prepared this, I 11 can give him a copy of it. 12 THE COURT: Okay. Mr. Bair, tell me about 13 your situation? 14 15 16 17 18 19 20 21 22 2~ 24 25 MR. BAIR: Excuse me, Your Honor? THE COURT: Tell me about your situation, MR. BAIR: Well, I got ahold of that thing for an attorney, like I was told to, get an attorney, They told me they could not help me because thirteen years ago I went through the same thing, I just went up to the Court Administration's Office. She just gave me a number down at Dickinson Law School. THE COURT: MR, BAIR: The Family Law Clinic? Yeah, For them to give me an attorney, THE COURT: Yes, 4 1 MR, BAIR: Because there was some stuff 2 brought up at the last hearing that I don't think was 3 right. 4 THE COURT: But you obviously haven't had 5 the opportunity to go up to the law clinic yet? 6 MR. BAIR: No, sir, I just found out about 7 it about ten minutes ago, because I called the number that 8 I was requested to. And I explained to them. I called 9 after I mailed a letter, I talked to somebody on the 10 phone, I asked for a copy of the transcript. I asked for 11 a different Judge to hear the case and everything else, 12 THE COURT: Well, on that last point, I'am 13 not going to go recuse myself. I know you didn't like the 14 result, but just because you don't like the result is not a 15 basis for a judge to recuse himself, 16 MR. BAIR: I didn't like some of the 17 comments you made, Your Honor. 18 THE COURT: And I am not going to, As a 19 matter of fact, I have enough background in this case that 20 I am going to stay with it out of interest of judicial 21 economy and for a whole lot of other reasons, This matter 22 is already confused enough, to get another member of the 23 judiciary involved, But I will certainly give you the 24 opportunity to get up to the Family Law Clinic, I am sure 25 they will be very helpful to you. 5 1 I recommend that what you do is take Mr, 2 Purcell's proposed order, since the major change is in the 3 summer, right? 4 MR, PURCELL: The summer. There was some 5 things deleted and some things added, 6 THE COURT: This is only January at the 7 moment, Who knows, maybe once you get counsel up there, 8 you might be able to discuss this matter among yourselves 9 and resolve something amicably, 10 MR. PURCELL: Your Honor, if I may say, we 11 have already continued this hearing once. This was 12 originally scheduled for December, and we continued it 13 because he wanted the time to get an attorney. We 14 thought 15 THE COURT: That's right. And I am going to 16 give him another break, even though he thinks I am very 17 unfair to him. I am going to give you every measure of 18 justice and fairness in this case, But at some point it is 19 going to run out, And I am going to stop messing around 20 with you. Okay. 21 MR. BAIR: Well, Your Honor, I got to pay 22 bills. I don't live at home with mommy where everything is 23 24 free. THE COURT: Mr. Bair, I will continue this 25 matter, and you have your counsel contact me, 6 .'ft. 1 MR. BAIR: Your Honor,., 2 THE COURT: Yes. 3 MR, BAIR: At the last hearing she said 4 something about she wanted the kids to go see a different 5 doctor. Right now I can give her insurance cards for Dr, 6 Kambric if she is willing to accept them. If not, I am 7 going to drop them from my insurance, 8 THE COURT: She has been made aware of that? 9 MR, PURCELL: I don't know, 10 MR, BAIR: I just received the cards in the 11 cards. If she is willing to accept them, I will give them 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to her. If not, she can resume medical responsibility for them. THE COURT: I don't really know how to make you aware of this, Mr, Bair, as clearly as I can, We don't hold these hearings so that people can come into the courtroom and drop bombshells on each other, That is not how a court of law is run. I don't know what your medical insurance situation is, And the fact that you haven't told her that before quarter of 11:00 this morning is ridiculous. MR. BAIR: I just received them in the mail, Your Honor, THE COURT: Okay. Then notify her concerning the situation with regard to medical insurance 7 1 and she will react to it, You must think this is the 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 People's Court or something. I am not Judge Judy, MR, BAIR: Your Honor, I did call her house the other evening about this stuff when she dropped the kids off on Friday night, because my kid was telling me about some guy named (a few words inaudible). I called up there and left a message with her mom. I told her about it that weekend, And she said, well, my mom never gave me the message, THE COURT: If I had every parent in every custody case filed in the Prothonotary's Office come into court and just carryon about their complaints against their spouse, that's all I would do 365 days a year, MR. BAIR: THE COURT: I am not complaining I am not sure you are being rational in this case, Mr. Bair, You have to meet her half way. Now, you notify the other side concerning what you intend to do about your insurance, In the meantime, I will give you a period of time within which to get counsel. MR, BAIR: Thank you, Your Honor, THE COURT: All right, MR, PURCELL: Your Honor, can we set a time frame to it to have some sort of", THE COURT: Sure, If I may have my 25 calendar, Mr. Kern. 8 1 Now, do you want to find out what this 2 insurance situation is? 3 MR. PURCELL: As far as the insurance is 4 concerned, and you will see it in the order, if we get to 5 point, is that in the old order he had an objection to her 6 taking the children to the doctor that she works for. I 7 have asked that that be removed, I am not not sure what 8 the __ what's the status of the -- do you have medical 9 insurance? 10 MRS. BAIR: When I am being seen at the 11 office I don't have to pay anything, 12 MR. PURCELL: So as long as she works for 13 the doctor she works for she doesn't have to pay. So 14 medical insurance is sort of a moot point, 15 THE COURT: I remember that now. And that's 16 probably one of the matters in your -- 17 MR, PURCELL: Well, actually it is a 18 deletion from the old order. It basically just says that 19 she has the discretion to make the medical decisions 20 concerning the children while they are in her custody, 21 that's it, And he has the discretion to make medical 22 decisions while the children are in his custody, 23 MR, BAIR: What happens if they have to go 24 in for surgery? Is her doctor's office going to cover 25 that? 9 1 2 3 4 MR, PURCELL: THE COURT: That's a good question. But their doctor will have to cover it if you drop the insurance, won't they? She won't have any insurance. 5 MR, PURCELL: She will have to make those 6 arrangements herself. 7 THE COURT: Right, 8 MR, BAIR: So what are we going to do? Drop 9 the insurance or what? 10 MR, PURCELL: I think you ought to get an 11 attorney and have him contact me, There is ramifications 12 to dropping medical insurance, 13 MR, BAIR: I assumed that responsibility 14 last time. 15 MR, PURCELL: Well, why would you want to 16 drop medical insurance for your children? I don't 17 understand that. 18 MR, BAIR: Because I don't approve of the 19 doctors. Any doctor that lets someone go in and accuse a 20 four year old and an eleven year old of molesting their own 21 sister, it is right in the report, which is going to hurt 22 some kid in the future 23 MR. PURCELL: Is there a support order right 24 now? Are you paying support? 25 MR. BAIR: No, I am not. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR, PURCELL: There is no support order? MRS. BAIR: I cannot go for support until the custody arrangement is finalized. THE COURT: Of course, it is finalized, MR, PURCELL: Yeah. It is final. MRS, BAIR: There is a date set now for -- MR. BAIR: January 18th. MRS. BAIR: Yeah, the 18th. MR, PURCELL: I would say, Your Honor, that it doesn't make sense to drop insurance to me because they don't like the doctor, I would -- THE COURT: Of course, it doesn't, MR. PURCELL: And as part of the support order I would request that medical insurance be maintained if it is possible to be maintained. THE COURT: And you will pursue that through the domestic relations, MR, PURCELL: And we will have to I guess under those circumstances. MR, BAIR: Well, I need to know by next Friday, because -- THE COURT: MR. PURCELL: Another emergency, Then the answer is we don't agree that the insurance should be dropped, MR. BAIR: Then they go back to Kambric's 11 1 office. 2 MR. PURCELL: That's what we are here for to 3 decide today. And you are going to get an attorney 4 hopefully, and we will discuss that with the attorney 5 because you want a continuance to do that. I guess that 6 decision is going to be left up in the air as far as 7 whether they are allowed to go to Dr, Cohick's office or 8 not. 9 MR. BAIR: Well, if they go to Dr, Cohick's 10 office, she can pay the money for the insurance, 11 MR, PURCELL: The insurance is covering the 12 children in the event that there is a 13 MR. BArR: There is no law saying I have to 14 cover my kids on insurance. 15 THE COURT: And Now, this date, we grant to 16 the defendant a final continuance to give him the 17 opportunity to obtain counsel. Further hearing herein is 18 set for Monday, March 20th, 2000, at 9:30 a,m. And maybe 19 before you all leave the courthouse you can take a stab at 20 a civilized conversation about insurance, 21 MR. BArR: Excuse me, Your Honor, about my 22 insurance. , . 23 THE COURT: Yes, 24 MR. BArR: My insurance does not -- Dr. 25 Cohick and Mueller is not on my insurance thing, 12 .' . -...... :1 1 THE COURT: I am sorry, 2 MR, BAIR: Dr. Cohick and Mueller is not on 3 my insurance, 4 THE COURT: That's her doctor? 5 MR. BAIR: Right, That's where the kids __ 6 THE COURT: Well, they don't need to be on 7 your insurance because they don't charge her anything, 8 MR. BAIR: But I am saying to cover the 9 kids, they have got to go to a doctor that's in the book, 10 And Dr, Cohick and Mueller is not in the book. 11 THE COURT: I understand that. And when 12 they are in your care, they will go to a doctor that is. 13 MR, PURCELL: The only reason you would want 14 to keep the medical insurance is because of what you just 15 raised a minute ago, which was in the event that they have 16 a serious problem that requires somebody other than the 17 general practitioner to see them on a routine basis, like a 18 surgeon or a hospital stay or something like that. If you 19 don't have insurance for them, the hospitals or the 20 surgeons aren't going to render the services 21 MR, BAIR: Why should my kids have two 22 different doctors? 23 MR. PURCELL: Pardon? 24 MR. BAIR: Why should my kids have two 25 different doctors, one in the summer and one in the school 13 1 year? This doctor ain't going to know what's going on when 2 they are with her in the school year. And they ain't going 3 to know what's going on with me in the winter -- or the 4 summer, 5 MR. PURCELL: Well, it has a lot to do with 6 the fact that you and your wife can't seem to agree on 7 things, as simple as choosing a doctor for your children, 8 MR. BAIR: I chose one, in the best 9 interests of my kids. 10 MR. PURCELL: And we had testimony as to why 11 that's a problem, 12 MR. BAIR: So if I can bring patients in 13 from Dr. Cohick's and Mueller's office where they never got 14 results back and ended it up causing more serious injury 15 because they never got the results back -- she will never 16 go to Kambric's office, right? 17 MR. PURCELL: Your Honor, I hate to impose 18 on you for something like this, but perhaps we may need a 19 temporary order pending the March hearing on the question 20 of medical insurance. 21 THE COURT: Well, I am going to permit her 22 to take the children to doctors where the care is for free, 23 I mean, to do anything else is ridiculous, 24 MR. BAIR: Then I can drop my insurance and 25 save $50.00 a 14 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. Barbara E, Graham Official Stenographer' The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date Kevin A, Hess, J. Ninth Judicial District 16 +\\\\0. ~, ?.:Olt Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA v, + Sc'0\\- /\. \)ClI \ Defendant : CIVIL ACTION LAW :'No,l.{b~ CIVIL 19<t1 : CUSTODY VISIT A TION ORDER OF COURT And now, this ~\d\Cfl, upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before ~ '-\ \ -.s\.A\c-Io--..-I_. Esquire, the conciliator, at ,-~H W' ~\\\ ,-"Ie-, \ M("C\-'Q-.,\(,s..\~C~ ' Pennsylvania, on the (~ day of P\~\-'., \ ,1999, at \',,,) @P.M" for a Pre-hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may be present at the conference, Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order, FOR THE COURT: By: ~Q)\\'C\ J\ J\i\'l'\rlG~' Custody Conciliator 1~:'I YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 >- en ..... n; ~ ~- ~ ~: UJf"';~ C'~ ;-,:~ .C;.:; u" u:~'::) ",- r~~) " '.L_l_ c:.. <:-:-j c'Jt-:. , ' r-=-t ,- C('. LJ..11,.. " __Il!' C' ,- Ci::-,' . .~J l :.1 i~.:: 1./,) ~ :L L'- 'c. '" 0 c.... () ~) .:::J -~ ~ \ ' '0 .--v' ~ '00 f'J ~ -.() 'Y\ " !i ~~) ^v-\ n Q <'(") \::J ,~ f' ~ v ("-- ~ r-\ "-.J ----- ~\:=/ ~ '--"' TINA M. BAIR, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 99-963 CIVIL TERM : SCOTT A. BAIR, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NGI, this!?ri.'f!j day of (),(( '1U,-JT consideration of the attached Custody Concilia ion Report, and directed as follows: , 1999, upon it is ot'dered 1. A Hearing is scheduled in Cl;lurt Room No. L( , of the Cumberland. County Court House, on the If 'e I, day of /(i.fl/-{l..(:{!'/i.. , 1999, at oj;::, d o'clock, C\.... .m., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file a Memorandum with the Court and opposing counselsetting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated April 15, 1999 shall continue in effect. 3. The Mother shall have custody of the Children every year for Mother's Day from 7:00 p.m. the night before through 7:00 p.m. on Mother's Day and the Father shall have custody of the Children every year for Father's Day from 7:00 p.m. the night before through 7:00 p.m. on Father's Day. This provision shall supersede and take precedence over the regular custody schedule. BY THE COURT, cc: John W. Purcell, Esquire - Counsel Scott A. Bair - Father ~ ~ 3J.1'1,~;f ' :Ear Mother V" '. "I\('\\\\qd ,. \.;~;'~:~:,~'::'!" I "';-', ;'~'~I.~.~n~ /,1.. ., ' .\1 ::':;: 1\, ., . ,. J " I 'J (., ...., ') L.v..;11 v' lV'i' I '. p-\-' :::;;.~:.5.-Cj'i::\ n :.o'v J. Mark A. Bair Ashley M. Bair February 6, 1994 October 9, 1996 Mother/Father Mother/Father I I , I I , I I I I I I I I I I , I I , , ! I i I I i I i I I , TINA M. BAIR, Plaintiff IN THE COURT 01" COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-063 CIVIL TERM SCOIT A. BAIR, Defendant : CIVIL ACTION - LAW : CUSTODY CUSTODy CXH::ILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEIXJRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENl'LY IN CUS'lOOY OF 2. A Conciliation Conference was held on August 11, 1999, with the following individuals in attendance: The Mother, Tina M. Bair, with her counsel, John W. Purcell, Jr., Esquire and the Father, Scott A. Bair, who is not represented by counsel in this matter. i , , i ! , i i I I I I r 3. This Court previously entered an Order in this case on April 15, 1999, based upon an agreement of the parties at a Conciliation Conference, providing for the Father to have primary physical custody of the Children during the summer school break and the Mother to have primary physical custody of the Children during the school year. The Father filed this Petition Pro Se seeking primary physical custody of the Children year round based on the Father's allegations that the Mother has violated the existing Custody Order. As the parties were not able to reach an agreement on the issues raised by the Father in his Petition, it will be necessary to schedule a Hearing in this matter. 4. The relationship between the parties in this case is extremely strained and civil communication was not possible at the Conference. The situation has been further compounded by the Father's vociferous dissatisfaction with the Conciliation process. The first Conference scheduled on the Father's Petition was rescheduled due to a conflict in opposing counsel's schedule. However, the Father came to the Conciliator's office and was irate that he never received notice at his sister's residence from the Mother's counsel of the rescheduling. Hours before the rescheduled Conference on August 11, 1999, the Conciliator received a telephone message indicating that the caller was canceling the Conference on the Father's behalf as he was unable to leave work. Consequently, the Conference was canceled but then rescheduled when the Father appeared at the assigned time. The Father did not recognize the voice on the recording. The Mother stated that the voice was the Father himself which I t she recognized from telephone messages to her. Finally, the I.'ather complains that the Conciliator's office did not initiate criminal contempt charges against the Mother for violation of the Custody Order in accordance with information received by the Father from the District Attorney's office. Due to the f'ather's hostility over the foregoing incidents, conciliation was not possible at the Conference and the discussion was limited to determining the parties' positions on custody in preparation for the Hearing. 5. The Father's position on custody is as follows: The Father seeks primary physical custody of the Children based on his claim that the Mother violated the existing Order by allowing the Children to have contact with James Day and Natalie Rossi. The Father also demands that Jason Horne submit to a psychological evaluation before he can have any contact with the Children. The Father stated that the Children were enrolled in daycare over his objection and the Father believes that this is a violation of the shared legal custody provision. The Father raised other concerns with respect to the Mother's care for the Children's health and stated that the Mother has on certain occasions failed to abide by the custody exchange times stated in the Order. The Father believes the Mother should be required to provide all transportation for exchanges of custody. 6. The Mother's position on custody is as follows: The Mother denied that the Children have had any contact with James Day or Natalie Rossi and, in any event, requests that the restriction in the Order be deleted because it is unnecessary. The Mother acknowledged that she did enroll the Children in daycare over the Father's objection (but in accordance with her former counsel's advice) because the maternal grandmother was no longer available to care for both children due to health reasons. The Mother denied the Father's allegations with respect to the Childrens' health. The Mother explained the 2 incidents in which she was late for exchanges of custody as due to illness and road construction. The Mother also seeks a modification of the existing Order and proposes that the parties share custody of the Children on alternating weeks during the summer school break. Further, the Mother proposes that the Court order reasonable telephone contact for both parties with the Children and also equally shared responsibility for transportation for exchanges of custody. Finally, the Mother requests that provision number 6 of the existing Order be deleted so that she may obtain medical care for the Children at the physician's office where she works. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this matter and adding a provision for custody on Mother's Day and Father's Day which was erroneously omitted from the prior Order by the Conciliator. It is expected that the Hearing will require one-half day. /], "._ KL~Ai/J'f: If.., /9 7'9 ~':4 Da~ 'Dawn S. Sunday, Esquirel CUstody Conciliator fJ;:'j ~~ffi o;~E-<:;:: 1:5j~j 15 ~P.>I ... tj z ~ H 4-l !t!E-< fJ~ E~ 4-1 ..., ~~ "" V'l ..... C '" "" V'l ..., . ,f!J -9~Bvre c OJ H[;l E-<8(3<8 '.... > c [i ==~~- - III (]) liI! ::: , Ul"; ~ O'I....:! cr:.-l -4-l 81 liI! - C "" ~IH HP. ~8 . "',~. 8 0'1> Iii l'>ltBii::E~ Cl'lH Iii ~ iiI ffi . CJ _ '"' .D . ~D a - :: 'iii rl n:: 0 :E: . :.:: .B l; ~ ,- E-<<OZ <J; CJ)CJ) !':: I:: = a ~a ~ ~ B ~mrn~~ E-< ::E ^, >- Cl f?: q; C\.I f:" .~ ::)<;: UJ8 o~; 0',-- ::0:: ':.) =-:,: Ci:~'> 1.J._ r~' a.. ~~ U.-, arr 0:) ~~-~~ ll..J:.L '.....7 =dlt. Co? ..!..#.- :.lJllJ l..l-T =) UJC'_ (.: 0<( ":;,; l.t_ ('}\ .:s 0 c' 0 AUG 1 8 1999 bP Tina M, Bair, : In the COUlt of common pleas of : Cumberland County, Pennsylvania Plaintiff vs, Scott A. Sai r : No, 99-963 Civil Term : Civil Action-Law : CustodyNisitation Defendant Petil: h Fu.E.II\;1 \:t:II~" l:dStoQx Order of Court And now, this , upon consideration of the attached complaint, it is hereby given emergency custody of Mark and Ashley Bair until a hiring date can be held, 1. On 12/16/98 Ashley supposedly burnt the top part of her hand on an iron, The person who called this incident in was Tina Bair, and the person that answered the call was Tina Bair, 2,On 1/6/99 Ashley tripped and fell into the coffee table ragged laceration upper lip .5-,75 3, On 6/7/99 I had to take Mark Bair to the doctors office for a bad case of sunbum, it was stated that there was no suntan lotion on him, 4, On the 8/15/99 Mark came home with poop on the outside of the shorts he was wearing, and on the inside of his underwear was cover in poop, 5, On 8/16/991 took Mark to the emergency room for a bruised knee, cut up ankle, and a long scratch from around his waist to his right chest area, all these incidents happened from 8/13/99-8/15/99, she said she did not know what happened because she was inside her home, Scott A, Bair Judge Date " * T:nA' /Y), !2)f1IC : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v, : CIVIL ACTION LAW , /1 . CI I.} I) c.'" : NO. ({'~:J CIVIL 19 /-/ : CUSTODY VISIT A TION * 0,/1, II fl. n I {0 ,\Jc,LI,j rl' (.. Defendant ORDER OF COURT And now, this~' /~ ~jt;9, upon consideration of the attached complaint, it ip, hereby directed that t?e above pa~~es and t~eires.Pr~1ive c?~nsel appear lbefore [) (Lee) f) <:.':}, ~ \e~n d A Lf ' EsqUire, the concIliator, a~ 'Jt /IJ. /)r /}!() (f, /)1 nl(1/-)j)/(:C) !?/U-0 : f /-r ~ _'-. Pennsylvania, on the,..,1X711 day of ,(( (/'i ,1999, atl,..!..? 'GO A.M.(P,M~,) for a Pre-hearing Custody Conference, At su h conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may be present at the conference, Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: 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. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 1 THE COURT: I understand Mr. Bair has had 2 some problems with representation and has some other 3 procedural concerns. And I want to hear him out on that. 4 But before we do that, I am unclear as to what this hearing 5 is about today, You are the petitioner today? 6 MR. PURCELL: Yes, I am, 7 THE COURT: What are you asking for? 8 MR. PURCELL: What we did, Your Honor, if 9 you remember correctly, Mr. Bair had originally filed a 10 petition for custody -- to change custody, We had a 11 hearing on that, And prior to that hearing I had filed a 12 cross petition to modify the order, to basically iron out 13 some loose ends and to take away some of the flash points 14 that are used by Mr, Bair to create contention between the 15 two of them in their relationship. That was filed 16 THE COURT: So she is not asking to change 17 the underlying order in its basics? 18 MR. PURCELL: Oh, no, We just wanted to get 19 rid of a few of the provisions that are in there, add a few 20 that will kind of fix things and smooth things out a little 21 bit. We had asked for that only a couple of days __ 22 apparently it only got filed about a week before the 23 hearing on the original custody claim. We did present all 24 of our testimony on our petition to modify, but Mr, Bair 25 then objected at the close of the hearing and said he did 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not have sufficient time to prepare for it or whatever, so we continued it until today. THE COURT: I remember that, MR. PURCELL: Frankly, Your Honor, I would still stand on the previous testimony. I did originally have two witnesses here under subpoena at the first hearing that were merely corroborative of my client's testimony. And one of the witnesses has just recently started his job today, And I didn't want to take him away from that. So I chose not to bring him here. THE COURT: And this would be a change then to the order of April 15th, '99? MR. PURCELL: Correct, Your Honor. And I actually did I took the liberty of preparing a draft of a revised order with the changes. It incorporates pretty strictly the substance of the April 15th order. It takes out the portions of the order that relate to things that were supposed to occur in 1999, because they are passed, and then add some changes to things that we asked for in our original petition. THE COURT: But basically during the school year she has custody, and during the summer he has custody? MR. PURCELL: Well, no. One of the changes we ask is that the summer be revised so they have a shared arrangement during the summer. So I did have that in 3 1 there, And I said, this is just a proposed order for you. 2 One of the reasons for that is, again, because during the 3 summer, as she testified, he tends to just not let her have 4 any access to the children whatsoever, And the children 5 really ask to see their mother a little bit more often 6 than, you know, every other weekend whatever. So I do have 7 that in there that way, 8 THE COURT: Has Mr, Bair had the opportunity 9 to see this? 10 MR. PURCELL: No. I just prepared this. I 11 can give him a copy of it. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Okay. Mr, Bair, tell me about your situation? MR. BAIR: Excuse me, Your Honor? THE COURT: Tell me about your situation. MR, BAIR: Well, I got ahold of that thing for an attorney, like I was told to, get an attorney. They told me they could not help me because thirteen years ago I went through the same thing, I just went up to the Court Administration's Office. She just gave me a number down at Dickinson Law School. THE COURT: MR. BAIR: The Family Law Clinic? Yeah. For them to give me an attorney. THE COURT: Yes. 4 1 MR, BAIR: Because there was some stuff 2 brought up at the last hearing that I don't think was 3 right, 4 THE COURT: But you obviously haven't had 5 the opportunity to go up to the law clinic yet? 6 MR. BAIR: No, sir, I just found out about 7 it about ten minutes ago, because I called the number that 8 I was requested to. And I explained to them. I called 9 after I mailed a letter, I talked to somebody on the 10 phone. I asked for a copy of the transcript. I asked for 11 a different Judge to hear the case and everything else. 12 THE COURT: Well, on that last point, I am 13 not going to go recuse myself, I know you didn't like the 14 result, but just because you don't like the result is not a 15 basis for a judge to recuse himself. 16 MR, BAIR: I didn't like some of the 17 comments you made, Your Honor, 18 THE COURT: And I am not going to, As a 19 matter of fact, I have enough background in this case that 20 I am going to stay with it out of interest of judicial 21 economy and for a whole lot of other reasons. This matter 22 is already confused enough, to get another member of the 23 judiciary involved. But I will certainly give you the 24 opportunity to get up to the Family Law Clinic. I am sure 25 they will be very helpful to you, 5 1 I recommend that what you do is take Mr, 2 Purcell's proposed order, since the major change is in the 3 summer, right? 4 MR, PURCELL: The summer. There was some 5 things deleted and some things added. 6 THE COURT: This is only January at the 7 moment. Who knows, maybe once you get counsel up there, 8 you might be able to discuss this matter among yourselves 9 and resolve something amicably. 10 MR. PURCELL: Your Honor, if I may say, we 11 have already continued this hearing once, This was 12 originally scheduled for December, and we continued it 13 because he wanted the time to get an attorney, We 14 thought 15 THE COURT: That's right. And I am going to 16 give him another break, even though he thinks I am very 17 unfair to him, I am going to give you every measure of 18 justice and fairness in this case. But at some point it is 19 going to run out. And I am going to stop messing around 20 with you. Okay. 21 MR. BAIR: Well, Your Honor, I got to pay 22 bills, I don't live at home with mommy where everything is 23 free. 24 THE COURT: Mr. Bair, I will continue this 25 matter, and you have your counsel contact me, 6 1 MR, BAIR: Your Honor.., 2 THE COURT: Yes. 3 MR, BAIR: At the last hearing she said 4 something about she wanted the kids to go see a different 5 doctor, Right now I can give her insurance cards for Dr, 6 Kambric if she is willing to accept them. If not, I am 7 going to drop them from my insurance. 8 THE COURT: She has been made aware of that? 9 MR. PURCELL: I don't know. 10 MR, BAIR: I j ust received the cards in the 11 cards. If she is willing to accept them, I will give them 12 to her. If not, she can resume medical responsibility for 13 them. 14 THE COURT: I don't really know how to make 15 you aware of this, Mr. Bair, as clearly as I can. We don't 16 hold these hearings so that people can come into the 17 courtroom and drop bombshells on each other, That is not 18 how a court of law is run. I don't know what your medical 19 insurance situation is. And the fact that you haven't told 20 her that before quarter of 11:00 this morning is 21 ridiculous, 22 23 24 MR. BAIR: I just received them in the mail, Your Honor, THE COURT: Okay, Then notify her 25 concerning the situation with regard to medical insurance 7 1 and she will react to it, You must think this is the 2 People's Court or something, I am not Judge Judy, 3 MR. BAIR: Your Honor, I did call her house 4 the other evening about this stuff when she dropped the 5 kids off on Friday night, because my kid was telling me 6 about some guy named (a few words inaudible), I called up 7 there and left a message with her mom. I told her about it 8 that weekend, And she said, well, my mom never gave me the 9 message, 10 THE COURT: If I had every parent in every 11 custody case filed in the Prothonotary's Office come into 12 court and just carryon about their complaints against 13 their spouse, that's all I would do 365 days a year, 14 MR, BAIR: I am not complaining 15 THE COURT: I am not sure you are being 16 rational in this case, Mr, Bair, You have to meet her half 17 way, Now, you notify the other side concerning what you 18 intend to do about your insurance. In the meantime, I will 19 give you a period of time within which to get counsel. 20 MR, BAIR: Thank you, Your Honor. 21 THE COURT: All right. 22 MR, PURCELL: Your Honor, can we set a time 23 frame to it to have some sort of.,. 24 THE COURT: Sure, If I may have my 25 calendar, Mr. Kern, 8 1 2 3 4 5 6 7 8 9 10 i 11 . i 12 13 14 15 16 17 18 19 20 '21 22 23 24 25 Now, do you want to find out what this insurance situation is? MR. PURCELL: As far as the insllrance is concerned, and you will see it in the order, if we get to point, is that in the old order he had an objection to her taking the children to the doctor that she works for. I have asked that that be removed, I am not not slIre what the -- what's the status of the -- do you have medical insurance? MRS, BAIR: When I am being seen at the office I don't have to pay anything, MR. PURCELL: So as long as she w'.'rks for the doctor she works for she doesn't have to pay, So medical insurance is sort of a moot point. THE COURT: I remember that now. And that's probably one of the matters in your __ MR, PURCELL: Well, actually it is a . deletion from the old order. It basically just says that she has the discretion to make the medical decisions concerning the children while they are in her custody, that's it. And he has the discretion to make medical decisions while the children are in his custody. MR. BAIR: What happens if they have to go in for surgery? Is her doctor's office going to cover that? 9 1 MR, PURCELL: There is no support order? 2 MRS. BAIR: I cannot go for support until 3 the custody arrangement is finalized. 4 THE COURT: Of course, it is finalized, 5 MR. PURCELL: Yeah. It is final, 6 MRS, BAIR: There is a date set now for -- 7 MR, BAIR: January 18th. 8 MRS, BAIR: Yeah, the 18th, 9 MR, PURCELL: I would say, Your Honor, that 10 it doesn't make sense to drop insurance to me because they 11 don't like the doctor, I would -- 12 THE COURT: Of course, it doesn't. 13 MR. PURCELL: And as part of the support 14 order I would request that medical insurance be maintained 15 if it is possible to be maintained, 16 THE COURT: And you will pursue that through 17 the domestic relations, 18 MR, PURCELL: And we will have to I guess 19 under those circumstances. 20 MR. BAIR: Well ,. I need to know by next 21 Friday, because -- 22 23 THE COURT: MR, PURCELL: Another emergency. Then the answer is we don't 24 agree that the insurance should be dropped. 25 MR, BAIR: Then they go back to Kambric's 11 1 office, 2 MR, PURCELL: That I s what we are here for to 3 decide today, And you are going to get an attorney 4 hopefully, and we will discuss that with the attorney 5 because you want a continuance to do that, I guess that 6 decision is going to be left up in the air as far as 7 whether they are allowed to go to Dr. Cohick's office or 8 not. 9 MR, BAIR: Well, if they go to Dr. Cohick's 10 office, she can pay the money for the insurance, 11 MR. PURCELL: The insurance is covering the 12 children in the event that there is a 13 MR. BAIR: There is no law saying I have to 14 cover my kids on insurance, 15 THE COURT: And Now, this date, we grant to 16 the defendant a final continuance to give him the 17 opportunity to obtain counsel, Further hearing herein is 18 set for Monday, March 20th, 2000, at 9:30 a,m. And maybe 19 before you all leave the courthouse you can take a stab at 20 a civilized conversation about insurance, 21 MR. BAIR: Excuse me, Your Honor, about my 22 insurance, . , 23 THE COURT: Yes, 24 MR. BAIR: My insurance does not - - Dr. 25 Cohick and Mueller is not on my insurance thing. 12 1 THE COURT: I am sorry, 2 MR. BAIR: Dr. Cohick and Mueller is not on 3 my insurance. 4 THE COURT: That's her doctor? 5 MR. BAIR: Right. That's where the kids -- 6 THE COURT: Well, they don't need to be on 7 your insurance because they don't charge her anything, 8 MR, BAIR: But I am saying to cover the 9 kids, they have got to go to a doctor that's in the book. 10 And Dr. Cohick and Mueller is not in the book. 11 THE COURT: I understand that. And when 12 they are in your care, they will go to a doctor that is. 13 MR, PURCELL: The only reason you would want 14 to keep the medical insurance is because of what you just 15 raised a minute ago, which was in the event that they have 16 a serious problem that requires somebody other than the 17 general practitioner to see them on a routine basis, like a 18 surgeon or a hospital stay or something like that. If you 19 don't have insurance for them, the hospitals or the 20 surgeons aren't going to render the services 21 MR, BAIR: Why should my kids have two 22 different doctors? 23 MR. PURCELL: Pardon? 24 MR, BAIR: Why should my kids have two 25 different doctors, one in the summer and one in the school 13 1 year? This doctor ain't going to know what's going on when 2 they are with her in the school year, And they ain't going 3 to know what's going on with me in the winter -- or the 4 summer, 5 MR, PURCELL: Well, it has a lot to do with 6 the fact that you and your wife can't seem to agree on 7 things, as simple as choosing a doctor for your children, 8 MR, BAIR: I chose one, in the best 9 interests of my kids. 10 MR. PURCELL: And we had testimony as to why 11 that's a problem. 12 MR. BAIR: So if I can bring patients in 13 from Dr. Cohick's and Mueller's office where they never got 14 results back and ended it up causing more serious injury 15 because they never got the results back -- she will never 16 go to Kambric's office, right? 17 MR, PURCELL: Your Honor, I hate to impose 18 on you for something like this, but perhaps we may need a 19 temporary order pending the March hearing on the question 20 of medical insurance. 21 THE COURT: Well, I am going to permit her 22 to take the children to doctors where the care is for free. 23 I mean, to do anything else is ridiculous. 24 MR. BAIR: Then I can drop my insurance and 25 save $50.00 a 14 .....1I - TINA M. BAIR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-963 CIVIL TERM SCOTT A. BAIR, Defendant : CIVIL ACTION - LAW CUSTODY/VISITATION ORDER OF aJURT AND J.\ICNj, chis /.s:Ji... day of ~JI~./l consideration of the attached CUstody Conc'liation and directed as follows: , 1999, upon Report, it is ordered 1. The Mother, Tina M. Bair, and the Father, Scott A. Bair, shall have shared legal custody of Mark A. Bair, born February 6, 1994, and Ashley M. Bair, born october 9, 1996. Each parent shall have an equal. right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall share having custody of the Children in accordance with the following schedule: A. SCIlOOL YEAR: During each school year, the Mother shall have primary physical custody of the Child::en and the Father shall have partial physical custody of the Children during alternating weekends from Friday at 7:00 p.m. through Sunday at 7:00 p.m. The Mother's primary custody of the Children under the school year schedule shall begin on Sunday, April 11, 1999 at 7:00 p.m. During the Fall in 1999, the Mother's school year period of primary physical custody of the Children shall . begin with the Mother's regular weekend period of custody on' August 27, 1999. Thereafter, the scheol year' schedule shall begin five days prio~ to commencement of school in the Child or Children's school distdct and shall end on the Father's first period of regular weekend custody after the termination of the school year in the Spring. B. SOMMER SCIlOOL VACATION: During the summer school vacation in each year, the Father shall have primary physi.cal custody of the Children and the Mother' shall have partial physical custody of the Children on alternating weekends from Friday at 7:00 p.m. through Sunday at 7:00 p.m. The Father's period of primary custody during the Summer school vacation shall begin on Friday, May 29, 1999 at 7:00 p.m. In subsequent years, the Father's period of primary custody shall begin and end as specified in paragraph A of this provision. ... C. SPECIAL PROVISION: On April 6, 1999 at 7:00 p.m., the Mother shall transport Mark to the paternal grandmother's residence for the purpose of transferring custody to the Father and the Mother at the same time shall obtain custody of Ashley at the paternal grandmother's residence. The Mother shall return custody of Ashley to the Father on Friday, April 9, 1999 at 7:00 p.m. and the Father shall have a period of weekend custody with beth Children from April 9, 1999 at 7:00 p.m. through April 11, 1999 at 7:00 p.m. Thereafter, the regular school year custody schedule shall begi.n with the Mother having primary physical custody of the Children and the Father having his first alternating period of weekend custody beginning April 16, 1999 at 7:00 p.m. 3. The parties shall share having custody e,;; the Children over holidays as follows: A. CHRIS'l'MAS: The Christmas holiday shall be divided into Segment A, which shall run from ChriStI.KiS Eve at 12:00 noon until Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. Notwithstanding the foregoing, the Father shall have custody of the Children in 1999 until Christmas Day at 2:00 p.m. instead of 12:00 noon. The parties shall equally divide the remainder of the Christmas school break wi th the parent ilaving Segment A of the Christmas holiday also having custody of the Children during the first half of the remaining school break and the party having Segment B of the Christmas holiday having custody of the Children during the second half of the remaining school break. B. THANKSGIVING: The Thanksgiving holiday shall run from 7:00 p.m. on the Wednesday before Thanksgiving through 7:00 p.m. on ~hanksgivir.g Day. The t1c.ther d1:.1l- hav~ custoO:i cf th~ Children on Thanksgiving in odd numbered years and the Father shall have custody of the Chi.lcken on Thanksgiving in even numbered years. In every year, the Father shall have custody of the Children during the remainder of their Thanksgiving school break. C. FASTER: The Easter holiday shall run from 7:00 p.m. on the Saturday before Easter through 7:00 p.m. on Easter Sunday. The Mother shall have custody of the Children over the Easter holiday in even numbered years and the Father shall have custody of the Children over Easter in odd numbered years. The parties shall equally divide having custody of the Children over their Spring break from school and/or their remaining Easter vacation. ?'7 ) /' ...-. ., .1 ,}' , ") (" Jd) f// ,Oil} /) /7 . (If/ l' (<- l. I /' ) (: D. ME110RIAL DAY/JULY 4th/LABOR DAY: ~'he Memorial Day and Laber day holidays shall run from 7:00 p.m. on the evening before the holiday through 7:00 p.m. on the holiday. 'fhe July 4th holiday shall run from 7:00 p.m. on the evening before the holiday until after the fireworks on July 4th. In odd numbered years, the Mother shall have custody of the Children on Memorial Day and Label: Day and the Father shall have custody on July 4th. In even numbered years, the Father shall have custody of the Childl:en on Memorial Day and Label: Day and the Mother shall have custody of the Children on July 4th. 4. The Mothel: shall be entitled to have custody of the Childl:en to!: an uninterrupted one week period during each Summer school vacation upon providing at least thirty days advance notice to th" Father. The Mothe!: shall schP.dule he~ one week ~eriod of va~ation C~5t~y UnOCL this provision to include the Mother I s regular weekend period of custody, so that the alternating weekend custody schedule is not interrupted. 5. Both parties shall notify each other immediately of any medical emergencies involving the Children during his or her periods of custody. 6. If the Father objects to the Children obtaining care at the physician 's office where the Mother works, the Father shall be r'esponsible to select a different physician for the Children and p!:'ovide all pertinent information to the Mother. In the event the Father chooses a physician other than the Mother's employer, the Father shall be responsible to pay all medical expenses not reimbursed by insurance. In the event the Mother is unable to obtain medical care for the Childl:en due to the Father's failure to provide necessary information or to provide payment, the Mother may obtain care for the Children through her employer. 7. The parties agree that the Children shall have no contact with Natalie Rossi or James Day. In addition, the parties shall ensure that Ashley does not spend an overnight period at the home of Jason Horne, without another adult also being present. 8. This Order is entered pursuant to an agl:eement of the parties at a Cust"dy cnnciJ.iation Conferen,~e. Th.:. parties "~'Y '"Odi.fy the provisions ot this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Gary L. Kelley, Esquire Scott A. Bair, Father /..r / /In/I c, , / - Counsel for ~Iother W- G. . /..!c."J-1---J. TRUE COpy i==ROM RF-CORD !n lo:;tinwf;V WhH(e.:,:;. I hero unJ:) ~;;et i:',:,: r: /~'.; ;...,:1 t"'l SP:'I\ {lj "'tE.id L::.H!rt at Ca,!i!sl~: :,1,;. . ',," '" ~"J' '2c i,.., I '" (lay . , 1(.:.. +-11" _' ,11.'..- -... ! ' r----- .., ~.- ( !f--:,;; OIlotllY TINA M. BAIR, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 99.963 CIVIL SCOTT ABAIR, Defendant : CIVIL ACTION-CUSTODY MOTION TO DISMISS 1. Movant Tina M. Bair is the Plaintiff in the above captioned matter 2. The parties have recently completed hearings on the Defendant's Petition for Custody, and the Plaintiff's Petition for Modification of the Court's Order of April 15, 1999. 3. The last hearing was held on March 20, 2000, and thereafter the Court entered an Order modifying the April 15, 1999 Order. A copy of the Order is attached hereto as Exhibit "A". . 4. After a previous hearing in October of 1999, the Court entered another Order modifying the April 15, 1999 Order in other respects. A copy of that Order is attached hereto and made a part hereof as Exhibit "Bn. . 5. Approximately one month after the entry of the final Order attached as Exhibit "An, the Defendant, filed another Petition for Custody of his children. A copy of the Petition attached hereto as Exhibit "C". 6. The sole allegations in the Defendant's Petition are that the Respondent failed to abide by the Order concerning allowing the children to be in the presence of two friends of the Plaintiff's, James Day and Natalie Ross, and placing the children in Day Care without his permission, and by taking the children to a doctor, contrary to the Order. 7. These are the same allegations which the Defendant raised in the previous Petition which has already been disposed of by the Court. The Court's Orders of March 20 and October 11, 1999 resolved those issues in their entirety. 8. The Plaintiff's Petition filed one month after the Court's resolution is frivolous, requiring the Plaintiff to incur attorney's fees in defending against it, filing this Petition, and perhaps attending another Custody Conference schedule by the , Court for June 28, 2000 at 9:30 p.m. 9. The Plaintiff's claims are by res judicata. 10. The Plaintiff has incurred $250.00 attorney's fees in the preparation of this Petition, and anticipates further attorney's fees thereafter. . WHEREFORE, the Plaintiff request this Honorable Court to: . A Enter an Order dismissing the Plaintiff's Petition; B. Enter an Order canceling the Custody Conference scheduled for June 28, 2000; and C. Enter an Order awarding counsel fees of $250.00 to the Plaintiff, payable by the Defendant within ten days oithe date of the Court's Order. Respectfully submitted, PURCELL, KRUG & HALLER ~ hn W. Purcell, Jr. !.D. #29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ..........,...,.:"",-. TINA M. BAIR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-963 CIVIL V5. SCOTT A. BAIR, Defendant CIVIL ACTION - CUSTODY IN RE: PETITION FOR MODIFICATION OF ORDER ORDER AND NOW, this zor day of March, 2000, this matter being called for hearing, our order of April 15, 1999, is further modified as follows: 1. Paragraph 6 of said order is deleted in its entirety. Medical care for the children shall be determined as appropriate by the custodial parent at the time medical care is needed. 2. Paragraph 7 of said order is deleted as it relates to contact with Natalie Rossi and James Day. 3. Paragraph 4 is amended to the effect that the mother shall be entitled to have custody of the children for two tminterrupted one-week periods during each summer school vacation upon providing at least thirty (30) days advance notice to the father. Said weeks shall not be consecutive and shall be scheduled to include the mother's regular weekend period of custody so that the alternating weekend custody schedule is not intemlpted. BY THE COURT, 4J Exhibit "A" ~/;~e:~..""'" ("'. ..~~;:~\ ". 05-08-2e00 07:54RM FROM SUNDRY LRW FIRM TO 2331149 P.06 ,. '::.:. . ~., . ........ ,. ~ .... ....f. . \. ~':- ': ..,.. '-'j,;;;;.:' ~ :.~..~ .J F,\oX 717 240 6~7 3 . ct'lI.Il CO'pilO;:U'O;:OnR~ -. -.------.,--..--..--...-..-..- ~ . .Ii!IOOu : I . . '..."'. .'.::, i I I . ''l.';!:NA~I.aA!R, plaintiff : IN THE COURT OF CXJMM(:tl PLE1IS OF : CUl'IBE:RLl\ND~' pEllNSYLVANIA v's. : NO. 99-963 CIVIL TERM srorr,A. BAlR, Oet:enQant : CIVIL ACTION - LAW . : CUS'l'ODY/VISI'l'ATIOO : '.',.-1 " ,;./;,)'. :.~;.!.>.' .' .., ~"ciF~ '.:.:.'i',:\" ........._" " . '-;- ." . . AND 0010I. 1:his /~ day of f)o:>r2-t'L. , . .'. consideration of thEl attacl'led custOdy con1Jh.iation . "::.',.' , . crid.db'acted !IS follows: , 1999, upon Report, it is ordered ',' J.. The :-lOthQr, TinaM. Bair, 'and the Father, Scott A. Bair, shall have! 'S;harOd lsgal eustody of MarK A. ~il:, born February 6, 199~1 and Ashley M, . i:Jair, 'b<;lcn O:::tobQr. 9, 1996. each. p11rent shall have an equal. right, to be Elxer.ciei.;<:.l jointly with the ot.her parent, to make all major non-enl!!1:gency declilicms a!f.ecting the CllilurElll's geMral Wllll-being inclUding, bl,lt not l'i.mjieoto, all decisions rega~l;ling ~eir health, education and religion. . .:1. '!he parties ehallBhare. having custod'j of the Children in , acc9:'~nc:e'Jith the fOllO'liing#liedule: . . A. Sf'RN'll'. ma: . DUring each sChool .year, the Mother shall have, primary physical custody .of the O'I1ldren and the Father shall have partial physical cUstody of the Children during. altllmati,ng weekends: from Friday at 7:00 p.m. thrcr.l9h sunday' at 7:00 p.m. ~ Mother's primaty custody of the Childree urKier the schoOl .~schedule shall begin on sunday, April 11, 1999 at 7:00..p.rn. During the Fall .in 1999, the Mother'a school year period of pri~iy physical custody of the Childre~ shall begi.n wi\:h the Mother t I:l regular weekend period of cus.tody on Aug\,lSt27, 1999. Tti~reat:ter, the school yei!ll;' schedule .shall ~'in five days prior to commencement of'school' in . the Child or. Children 's school district and shall end on' the Father's first. period of regular weekend custody aftar the t~rm1i1ation ofth~;gChcioLyear 1n the Spring. ". . B. stI'lHER SCOOOt VACA:rI~: During the sunrner school vacation in each year, the Fathe!:' shall have primary physical custody of the Children and' t:h9 . Mother shall have partial phY5~cal custody of the Children on alternating weekends trOIn Friday at 7:00 p.nI. through Sunday at 7:00 p.m. The Father's period of primary custody during thll Sl.ll11l"Rr school vacation shall begin. 0Cl Friday, M<:ly.29, 1999 at 7:00 p.m. In sublJequent years, the Father's pedodof primary custody shall begin and end as ACeCi!ied in paragraph A ofthi8 provision. ~ .:' "l' '.'; ." .'/." ....; )J(l:~:::" '. ~/.'i:?,.".'.' ",.,......,'. ...~:,:f.... ::'::~77~. " ',. .' .( . ,~'.. ;~f~i':), \;;.:~\::;.: ;-:)i',:~::~ ::.::" ,t'.: ,', ' . . .... .... ...... .:'.,"" .:. : ,~~ .:;~: ':.. "',,: /?::?-"~: .... :. ":.:,...,, :).):.'~.' . '.' ,', " .' . . . ..-....-----.-...--......--....--..--..-..----:--...:..' .26 l'A.t 717 240 6S7~ . . ct!lIB co PROTIIONOTAR'l '. .IiIl006 .,........,.... _......_.---~' -...." .-.-.--.....-.. -'-'.,--- -- C. SPECI1\L PROVISICN: On Popdl 6, 1999 at 7:00 p.m., the Moth~I: shall transportMat"l<: to the paternal grandmother I s residence for the purpos.e of trancferring custody to the F,3thet" and tho!! Mother at theeame time shall obtain custody of Ashley at the paternal gra.ndmcther's residence. 'l'he Mother sr,all r!!'tui:n custody of Ashley to the Father on Friday r April 9/ 1999 at. 7:00 p.m.' and' the Father shall have a period of W!leKepd custody with both Children from April 9, 1999. at 7:00 p'.rtI.. through April 11, 1999 at 7:00 p.m. Thereafter., the regular schcol year' custody s:<;hedule shall begir. with the Mother having primaryphysiC41 custody of the Children and the Father having hisfirstal.ternating peciod of weekend custody beginning A~ril16,1999ai: 7:00 p.m. 3. The par.ties . shall shal;'e having OJstody e,;; the Chi 1cken 0\'91:'" holidays -!IS follave: A. caRIS1MAS: The Christmas holiday shall be divided into' segment Po,. which shall run froo Christ',~S Eve at 12:00 noon until Christmas' Day at J.2:00 noon. and Segment B. which stl<111 run from Chriatmlls Day at 12:00 noon through r::ecemt>er 26.at: 12:00 noon. 'l'heE'ather shan have custody of thp. Childr.en <luring SQ9lllent. A in oddnUllbered years and during segment Er i1'1 even nUllDerQd years.' The Mother shall ha'Je. custody of. t;he Child...-en during Segment A in even m:rnbered years' and d~riil')' SQgtnent B. in . odd .n\.lIlbered years. Notwithstandingthi;! . foregoing. the Father shall have custody of the Children ill 1999 until ChriSl:I1\U Day at 2:00 p.m. inste<lo of 12:00 nooo. the parti~s shall equally divide the remainder of. thQ Christmas ~hool break wit.h the parent (laving sega~nt .r.. of th~ Christmas holiday also havill9 cuatody of the Children dud.ng the first half of. the remaining school break and the party having Segmatlt l3. of the ChristmaS holiday having custQc.y of the Children .during the FJecond half .ofthe rel1\Blning school break. .. . . . 3. ~: !tie Thanksgiving holiday shall run from .7:00 p.m. on the. Wednlo!sday before Than.":sgiving through 7:00 i'.m; on Tha-.....,.,; v'r.'- oa" '"'-.. 1'-"11'1." -,." '--". ....-t-"'.. .... ~h- _l 0.1--:1 ~ J. ~'::I . I' .~J1..., ..1'\0,1.... I; ....0I-..r._. ~'~Y'.' .........;,.. ""'''''J --'.....,.. Children on Th,tlnksgiving in odd flIJl1mred years and thl! li'atrl'<!r !>hall have custody of the Childn'!n on Th.!!lnltSgi ving in': ave!! numberocl years. In every year, the <'ather I3hol.ll have cust.oCy of the Children during the remainder of their. Thailksgivinq school break.' . C. P.ASreR: Tt)e Easter !:loliday shall run from 7:00 p.m. on' th~ saturday b<.f.ore Easter, through 7:00 p.m, on Easter Sunday. ThE! Mother: sh'All have custody of the Chi lclr.en O\;l!r the f,d:ster holiday in 9v"n nul10erecl years and the Father sh/\l1" have custody of the Children over Easter in odd n\1I1'.bcred yea rs. The parties shall equally divide having custody of the Children .over. their Spring break frOl11 school ancl/orthair remaining Ea!te~ vacation. ;,:..;;;i:,.' . ~'.::,~j.t,::.r:",'" . i ~ .", . ; '}~:'j.'j: .' . ~.,. , :. " i,:~.:\:~;:~. , -,,;/1",' :'.....:...":. : ~~~\i:~:> :", ...~.:/:~~~.<'.... " . .' ~. " .'. ;' ,,;~(, ,; l1.:.r":.,:"'-' ,,',. . . ~.' . " " .. ::.:,:j.{', ".':,. .. I ~ '.. ~,'.:,r:~~:;:' " ~ ':.. :' :.~ ~,'..'.' ,-,,,.:. ,'-" e5-ee-2eee e7:55AM FROM SUNDAY LAW FIRM TO . 1;;.;", ~!\.~ II' 240 ~i;;a t'1!~ ell 1'1l01'UQl!l!I'AIl) ~I.'::-;'" -...--.. ..-.- ....--..-...... -. _.. ...,.. '*1'7 2 . JeM fi/ fh ~~ /2.. C. i /I f. (/ _-1 J 3 c.>- I D. l'IEM:IUAL OA':i/JTJri'J 4th/I.ABCR DIU':: The Memorial Day and Laber day holidays shall run from 1:00 p.m. on the evening befote the holiday thtol.l9h 7:00 p.m. on the holiday. The ,1uly 4th holiday shall t1Ul from 7:00 p.m. on the evening before the holiday until. after the fireworks on July 4th. In od!3... n<m1bered years,. the Motha>r shall have custody of the Children on MellOnal Day ana ~abor Day and the l"ather. shall have custOdy on July 4th. In even numbered years, the Father shall have custody of the Children on Memorial Day and tabor Day and. the~~ther shallha~e cUBtodyof the Children on July 4th. .;. The Mother shall be entitled. to have custody of the Children fOI7 (In' U!i1.ntet'rUpted one week period during lilach SUrrmer school vacation upon .providi"9 at loast thirty day:i.aclvance netic!! to the rather. The Mother" . './lIt<i.l1.adlr-du\e het" one \Jeer. p~riod:;,t va=l.ltion Cl.:,stcai unci~r thi~ provision .to .irlf,lllde the Mother's z:egula,r week'flnd period of custody, so that the 'alt!!t:TI!lting weekend. custodysche8\lle is nct'. internlpted. ~. 60th parties shall.notifY e~ch ot.he~ irnnediately of any rredical . ell,,;i.rr;er;~i(,~; involving the Chilareo cluring hi.s Clr her: periods of 'custcxly. . '. 6. If the Father obj~tsto . the Children obtaining care at the pt.yslclan's office where the Mother' woz:ks, the Father: shali be responsibl.e to &elecc a different physician .for the Children and provide all' pertinent in!OL1r.<lcion to the Mother. In the event the Father chooses a phy~i cian oth&r.' Lhan the t1other's empioy,f/r, the Father shall be r;,spcnsibletc> pay un.medical expenses not reimbut'S~ by insurance. In the event the Mother is wnabl~ to obtain medical.' care for t:heChildren. due to. the Father 's (,dlur.<: to provide necessary inforrratian ort:o prodde pByinent,the Mother ~yobt~in care for the Children tnroU9h her employer, 7. The perties agree that. the Children shall have no contact with. Nat.i:lli," Rossi or J!l111eS Day. . In addition, the parties shaUensure that ASlILey does not spend. an . overnight period' at the home of. J~son Horna, " without another: adult alsobeing!%8aent. a. '.I'his ord.er is entered OPurslk~nt to an agreement of the parties a:: a ~'ul!V-:lJ COTlcHiation ccnterenr'e. :rh0 partip..<< ';'.1:' l'Odify the provisions of tll-Us or:der by mutual consent. In thE-absence of. mutual.consent, the terms . of thi<: Order shall control. i. Bl( TIlE COURT, I,:. cc: /.r / ~A ...:, , I Gary L. Kelley, Esquire - Counsel {or Mother Scott A. Bair, Father . a~-:1-d-j. . . ," TRUE COpy FROM RECORD 11l1estimor., whareo:. I here untl) $6\ ri,'j r,:,;'1-; . ~nd 1M SIl.11 01 said. G~ al.r:arlis.w(; 1'r.'. . "',," /.~. /l.w 01 t'Lt L. 1 ".~ ....1-... TOTAL p.ee r' ',. tt", \.'" l\\( ~.-.' ( . '.' ~ 1 ' -( I-< ",:iJ ;. <11:> ~ '0 >-1 ~ >-1>< CIl 0<'" CIl ~ "" H " "" '-' ;;;:: ." ~ "d 0 .., ." " CIl " ~ 0< ~" '-' " H Cl " '0 Cl , ~~ 0 0 ." " 15 u >< H " <U 0 ~g H>-1 CIl ..., "" H ;. ,~ 151-< 0 n. '" ~ Z 0 :> u . ~, Z . 01-< I '" 0 ~ 5 H co U Z '" I-< ", J '" 0 H <11 H OC> M I-< <11 '" R Oz '" H '" ,'" U<l1 '" u .~ I < - < ..,'" '" ~" Ul 0;:'" '" >-1 :> H E-lE9 H ...: H :> -. 0 z!:3o '" ...., I-< U ""'-U.. ""....."'IL(I.~!)1:'ILII.'n.(\iI~<;J' -'Ill tlillll OljfjllOJ O:>A'~~ns "031 3JYJS.ll1" NtHl ':';)