HomeMy WebLinkAbout99-06666.¦
TERRY L. BORNMAN,
Plaintiff
VS.
CYNTHIA J. VOGELSONG,
Defendant
IN '1'f ll3 COURTOF COMMON
PLEAS OF CUMBERLAND
COUN'T'Y, PENNSYLVANIA
)
CIVIL ACTION - LAW
NO. GGGG C'« f
IN CUSTODY
ORDER OF COURT_
AND NOW, this day of 1999 , upon
consideration of the attached complaint, it is hereby directed that the parties and their
j respective counsel appear before Esquire, the conciliator, at
5?_W. ?C\h'1,?? •, ,Ctl Cl'\klt-I 1 c1 Pennsylvania, on _NUeC- . the
day of 199, at ' . o'clock ?.m., fora 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. Either party may bring the child who is the
subject of this custody action to the conference., but the children's attendance is not
mandatory. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent order.
FOR THE COURT,
i?.
Custody Conciliator
YOU SHOULD TAKE THIS PAPER'T'O YOUR LAWYER A'1' ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPI-IONS THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUN'T'Y BAR ASSOCIA'T'ION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
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TERRY L. BORNMAN,
Plaintiff
VS.
CYNTHIA J. VOGELSONG,
Defendant
IN THE COUI'.'l' OF COMMON
PLEAS 01' CUMBERLAND
COUN'T'Y, 13ENNSYLVANIA
CIVIL AC'T'ION - LAW
N0. V i • L.6 66 Lc?Y 1 TAN
IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER
AND NOW comes the above-named Plaintiff, 'T'ERRY L. BORNMAN, by his
attorney, Samuel L. Andes, and petitions the Court to modify the present order of
custody between the parties, all based upon the following:
1. The Plaintiff herein is 'PERRY L. BORNMAN, an adult individual who
resides at 302 Fourth Street in Summerdale, Cumberland County, Pennsylvania.
2. The Defendant herein is CYNTHIA J. VOGELSONG, an adult individual
who resides at 822 South Flumer Street in Enola, East Pennsboro Toxvrnship,
Cumberland County, Pennsylvania.
3. The parties hcreto are the natural parents of one child, Kyle L.
Bornman, born 28 May 1989 and now ten years of age.
4. The custody of the said child is the subject of an Order entered by the
Court of Common Pleas for the 41" Judicial District of Pennsylvania, Perry
County Branch, to No. 93-1127 on 18 December 1998. A copy of that Order is
attached hereto and marked as Exhibit A.
5. Since the entry of that Order, the circumstances of the parties and the
child have changed to the extent that a modification of the Order is necessary
and appropriate. 'those changes include, without limitation, the following:
A. Plaintiffs work schedule has changed and he is now
available to have the child with him overnights. The prior order was
based primarily upon the fact that the Plainlifl's work schedule did
not make Will available to have the child with him overnight because
that is when he worked.
B. The child is at an age where it is important that lie develop
and maintain a close parent-child relationship with his father.
C. 'rhe current schedule of custody, which results ill a shared
arrangement, can he improved by allowing Plaintiff to have the child
with him overnight on a regular basis.
As a result of these changes, Plaintiff desires to have the current custody order
modified to have the child spend more tine with him in larger blocks and to allow
the chile] to spend more overnights in Plaintiffs custody.
6. Although the prior order was entered by the Court in Perry County, this
court is the proper and appropriate venue for this case for the following reasons:
A. The child has been a resident of Cumberland County
since approximately 1994.
B. Neither of the parties reside in Perry County and have not
resided in Perry County for a period in excess of one year. None of the
parties having any interest in this case or any connection to the child
reside in Perry County and Perry County has no reason to continue to
entertain this case.
C. The child attends school in Cwnberland County and has
done so for approximately four years.
D. All of the child's friends, activities, and associates are in
Cumberland County. As a result, Cumberland County has a more
real and immediate connection to the child and is more interested in
the outcome of this case than any other venue.
For each of these reasons, Plaintiff asks this Court to assunhc vcntte of this case
for its future administration.
7. Based upon the follox6lig, Plaintiff asks this Court to change the
schedule of custody to give tlhe Plaintiff more regular and longer blocks of time
with the child and to grant him overnight periods of custody on a regular w-ld
frequent basis.
S?uniicl L. Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
ii
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COMMONWEALTH 01" PENNSYLVANIA )
SS.:
COUNTY OF CUMBEIRLAND )
TERRY L. BORNMAN, being duly sworn according to law, deposes and says
that the facts set forth in the foregoing document arc true and correct to the best
of his knowledge, information, and belief.
I'E1212Y- BORNMAN
Sworn to and subscribed
before me this day
of -?c12e_ti , 1999.
Notay f'• blic.
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LAW OFFICE OF
ATTORNEYS-AT-LAW
Jerry A. Philpott, Esquire 227 No. High St., PO Box 116 717 834.3087
Kevin E. Prosser, Esquire Duncannon, PA 17020.0116 FAX 834.5437
February 7, 2000
The Honorable Edgar P. Bayley
Cumberland County Courthouse w
1 Courthouse Square
Carlisle, PA 17013 .
File no. 93-08-16
Re: Terry L. Bomman vs. Cynthia J. Vogelsong
No. 99-6666 In Custody
Dear Judge Bayley:
Sam Andes has filed a petition on behalf of Mr. Bornman to set aside a
conciliator's report. It was not clear to me after a call to your chambers on February
3, whether or not I would have an opportunity to oppose the petition, and I was
informed that you were out until Monday. Accordingly, I am sending this letter to
indicate my desire to oppose the petition.
While the Moran case cited in Mr. Andes' petition did hold that it was error to
enter an order of a conciliator as a final order after one of the parties objected, I think
the case is highly distinguishable. That case involved an infant only a few days old
that was breast feeding and the issue was whether the conciliator's order would
interfere with the breast feeding schedule. The Court made it a final order despite the
objections of the mother's doctor.
This is a very different situation. The parties agreed at the conciliator's office
to undergo an evaluation with my client, Ms. Vogelsong, bearing the greater part of
the cost. The intention was that after the evaluation there would be further
conciliation and then a hearing if necessary. No one is denying Mr. Bomman a
hearing; we are simply seeking more reliable information as to the child's best
interest before any hearing. Such an order does nothing to alter rights in any
For these reasons, f request an opportunity to respond to the pending petition.
j Si cerely,
C
Jerry A hilpott
The Honorable Edgar P. Bailey
February 7, 2000 Page 2
fundamental way, and in fact Mr. Bornman was receiving some additional Lime with
his son as part of the compromise, in comparison to the last of a long series of
previous Perry County orders concerning this matter.
cc:
Samuel L. Andes, Esquire
Ms. Vogelsong
SAnI IIIL L.. ANDeS
A r0@NKY AT LAN'
?L•R N0111,11 I.WIMI,.11 K'1'11Y.IiT
P.O. 1111\ 11111
I.I:NOI'NII, PENNSYLVANIA 17041 nv.HP110N1:
17017M."61
IAA
1 March 2000 "111.'-11'
Jerry A. Philpott, Esquire
227 North High Street
Duncannon, PA 17020
RE. BORNMAN VS. VOGELSONG
Dear Jerry:
I write to confirm that Judge Bayley has rescheduled the hearing in the
above matter and it is now set for 8:45 a.m. on Wednesday, 7 June 2000. As
before, it will be held before Judge Bayley in the Cumberland County Courthouse in
Carlisle
Thank you for your cooperation in having this matter rescheduled.
Sincerely,
Samuel L. Andes
amh
cc: Terry L. Bornman
The Honorable Edgar B. Bayley
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1
1
TERRY L. BORNMAN,
PLAINTIFF
V.
CYNTHIA J. VOGELSONG,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-6666 CIVIL TERM
ORDER OF COURT
AND NOW, this L day of March, 2000, upon request of counsel
for plaintiff, unopposed by counsel for defendant, the hearing scheduled for May 24,
2000, is cancelled and rescheduled for Wednesday, June 7, 2000, at 8:45 a.m., in
Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania.
By the
Samuel Andes, Esquire
For Plaintiff
Jerry A. Philpott, Esquire
227 North High Street
Duncannon,PA 17020
For Defendant
:saa
Edgar . Bayle
,3'16'00
RKS
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TERRY L. BORNMAN,
Plaintiff
vs.
CYNTHIA J. VOGELSONG,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-6666 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW this 'ich day of t (rLwo 2000, upon consideration of
the attached petition, it-a pearing-that-one-of-the-par-ties-withdrew-from-the-agreemen"
reached-bef ore-the-conciliator-before-this-Court-ac ted_nn-the..report-of-the-eoneiliatw,
thereby-making-the-tentative-agreement-reached-between-ttTe parties null and-Vbid, we
hereby schedule a hearing, to be held before the undersigned in Court Room No. R of
the Cumberland County Court House in Carlisle, Pennsylvania, commencing at ?.. vs
o'clock 0 .m., on G(?zdn??a?{a the /761 day of `77L. 2000, at
V-
which time the Court will consider evidence on the fundamental issue of custody and a
schedule of custody for the parties' minor child.
Each party is hereby directed to file with the Court and serve upon opposing counsel
a brief pre-trial memorandum listing the witnesses they intend to call at the hearing with a
brief description of the substance of the witness's proposed testimony.
..:._ .i ,
TERRY L. BORNMAN,
Plaintiff
VS.
CYNTHIA J. VOGELSONG,
Defendant
1 IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
1
1 CIVIL ACTION - LAW
1
NO. 99-6666 CIVIL TERM
IN CUSTODY
PETITION TO SET ASIDE CONCILIATOR'S REPORT
AND SCHEDULE HEARING
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
petitions the Court as follows:
1. The Petitioner herein is the Plaintiff in this action. The Respondent is the
Defendant, Cynthia J. Vogelsong, who is represented in this matter by Jerry A. Philpott,
Esquire.
2. Plaintiff commenced this action with a petition seeking an award of shared
custody which was filed in November of 1999.
3. At a custody conciliation conference before Dawn A. Sunday, Esquire, the
conciliator appointed by this Court, the parties reached agreement for the entry of an order
which directed the parties to have a custody evaluation performed by a psychologist and
set a temporary schedule of custody pending the report of such evaluation. Based upon
the agreement of the parties, the said conciliator filed a report, with a proposed order, with
this Court on or about Friday, 14 January 2000.
4. Before the conciliator's report was received by the Court, and before any order
was entered by the Court on that conciliation report, Plaintiff changed his mind and decided
he did not wish to have a custody evaluation performed but preferred this matter be
scheduled for a hearing before the Court.
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5. Plaintiff, by his counsel, promptly communicated his change of mind to the
lI Court, the conciliator, and Defendant's counsel, all of whom were made aware of this
ii change before any order was entered on the conciliator's report. As a result, under the law
l! of Pennsylvania as established by the Superior Court in Moran vs Moran, 417 Pa. Super.
549, 612 A.2d 1075 (1992), the agreement between the parties is not a valid basis for the
j entry of an order and no order should be entered upon the tentative agreement reached by
I'
the parties at the conciliation conference where one of the parties has withdrawn from that
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agreement before an order is entered.
6. Plaintiff believes that this matter can best be resolved by testimony and by the
Court considering the wishes of the child. Plaintiff does not believe a custody evaluation is
necessary or will be helpful in resolving the issues raised in this case.
WHEREFORE, Plaintiff prays this Court to set aside and ignore the report of the
conciliator in this matter and to schedule a hearing to permit the parties to present evidence
in support of their positions in this matter.
Samuel L. Ande'
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12"' Street
Lemoyne, PA 17043
(717) 761-5361
2
CERTIFICATE OF SERVICE
I hereby certify that on Z ? ) 2000, 1 served a copy of the foregoing
Motion upon counsel for Defendant herein by U.S. Mail, postage prepaid, addressed as
follows:
Jerry A. Philpott, Esquire
P.O. Box 116
Duncannon, PA 17020-0116
Samue L. Ande
Attorney for Plaintiff
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TERRY L. BORNMAN, . IN THE COURT OF =-IDIOM PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-6666 CIVIL TERM
CYNTHIA J. VOGELSONG, CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this day of _2? , 2000, upon
consideration of the attached Custody Conciliation R port, it is ordered
and directed as follows:
1. The Order of the Perry County Court dated December 18, 1998 is
adopted as modified by the provisions of this order.
2.
custody
professid
of th
recomm d
inter is
of art s
shall be
The parties shall/ submit
valuation' to be (erformc
al selec,ed by I-eement
respopsible to pay iemselvps and their minor Child to a
evaluation sh be
tions ?oncerni custod
of the?Child_VThe Mote
asions/ held b the ev L
by Stanley Schneider, PhD. or otiher
the parties and counsel., The purpose
ob{'ain independent profess onal
arrangements which b?st serv the
shall be respdnsible o pay th costs
>r kith the ild al-ne. Eac party
lV of the cditior 1 costs of the
3. Pending further Order of Court or agreement of the parties, the
Father shall have partial physical custody of the Child on alternating
weekends from Friday after school through Monday morning at 6:45 a.m.
During weeks following the Mother's weekend periods of custody, the Father
shall have custody of the Child on Monday and Wednesday from after school
until the following morning at 6:45 a.m. During weeks following the
Father's periods of weekend custody, the Father shall have custody of the
Child on Thursday from after school through the following morning at 6:45
a. m. The Father shall have custody of the Child every Tuesday from after
school until 8:00 p.m. On all other weekdays not otherwise specified in
this provision, the Father shall have custody of the Child from after
school until the Mother picks up the Child at the Father's residence
between 4:00 and 5:00 p- m.
4. The party who otherwise has custody of the Child under the regular
weekend schedule shall have custody of the Child on Easter.
5. Each party shall ensure the Child initiates a telephone call to
the non-custodial parent during that party's regular weekend periods of
custody. Both parties shall encourage the Child to have regular telephone
contact with the other party.
6. Neither party shall discipline the Child by limiting the Child's
telephone contact or periods of custody with the other parent.
7. Neither party shall do or say any thing which may estrange the
Child from the other parent, injure the opinion of the Child as to the
other parent, or hamper the free and natural development of the Child's
love and respect for the other parent.
8. In the event the parties are not able to reach an agreement as to
the outstanding custody issues upon completion of the custody evaluation
and receipt of the evaluator's recommendations, counsel for either party
may contact the Conciliator to schedule an additional Custody Conciliation
Conference.
9. This 0 der is ente ed pursuant to an agree nt of t Pe parties a
Custody Concil' lion Conf ence. The ??pP//aarties may xfy e provisio s of
this drder by mutual con ent. In th absence o mutual onsent, the terms
of t?is Orde shall con ol. CCC
J.
cc: Samuel L. Andes, Esquire - Counsel for Father
Jerry A. Philpott, Esquire - Counsel for Mother S CU1)tS /n?t It4?',-L Z/Q/CY)
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TERRY L. BORNMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PEN14SYLVANIA
Vs. NO. 99-6666 CIVIL TERM
CYNTHIA J. VOGELSONG, CIVIL ACTION - LAW
Defendant IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME DATE OF BIRTH CURIENTLY IN CUSTODY OF
Kyle L. Bornman may 28, 1989 Mother
2. A Custody Conciliation Conference was held on January 12, 2000,
with the following individuals in attendance: The Father, Terry L.
Bornman, with his counsel, Samuel L. Andes, Esquire, and the Mother,
Cynthia J. Vogelsong, with her counsel, Jerry A. Philpott, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
C7 rp H
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... r........» -... .. 180 P02 JUN 07 '00 [17:05
717-761-1435 SAM ANDES
SAMUFL L. ANDES
ATTORNEY AT LAW
525 VOITH TWL'LITR STREET
P.O. EOX IOU TBLLPIIOAL'
LEMOYVE, PENNSYLVANIA 17043 11,71701-5301
Fwx
I1n1 701.1+35
6 June 2000
ff T 8Y FAX
& REGULAR MAIL
The Honorable Edgar B. Bayley
Judge of the Court of Common Pleas
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
RE: Bornman vs. Vogelsong
99-6666 Civil Term
Dear Judge Bayley:
The parties have reached agreement on the issues which were scheduled to
be heard by you this morning in the above custody matter. The attorneys have
prepared a stipulation and proposed order and the parties have approved that. We
hope to have it signed so that it can be filed with you within the next few days.
In the meantime, we request that the hearing scheduled for this morning be
cancelled to give us an opportunity to get this agreement in place and an order
entered on it.
Thank you for your attention to this matter.
Sincerely,
Samuel L. Andes
le
cc: Jerry A. Philpott, Esquire
SAMUEL L. ANDrs
ATTORNEY AT L.UP
3L'3 NORTII TWELI M S'runi'r
P.O. 110\ 1(111
LEMOYNE, PENNSYLVANIA 1704:1
6 June 2000
SENT BY FAX
& REGULAR MAIL
The Honorable Edgar B. Bayley
Judge of the Court of Common Pleas
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
RE: Born man vs. Vogelsong
99-6666 Civil Term
Dear Judge Bayley:
T1:1.1!1'IIOY11
('17) )111-:13111
FAX
(717) 7111.1.133
The parties have reached agreement on the issues which were scheduled to
be heard by you this morning in the above custody matter. The attorneys have
prepared a stipulation and proposed order and the parties have approved that. We
hope to have it signed so that it can be filed with you within the next few days.
In the meantime, we request that the hearing scheduled for this morning be
cancelled to give us an opportunity to get this agreement in place and an order
entered on it.
Thank you for your attention to this matter.
Sincerely,
Samuel L. Andes
le
cc: Jerry A. Philpott, Esquire
I r
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TERRY L. BORNMAN,
Plaintiff
VS.
CYNTHIA J. VOGELSONG,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORDER OF COURT
CIVIL ACTION - LAW
NO. 99-6666 CIVIL TERM
IN CUSTODY
AND NOW this ?i day of s!')'( , 2000, upon the stipulation of the
parties which is attached hereto, we enter the following order regarding custody:
1. The parties shall share both legal and physical custody of their minor child, Kyle L.
Bornman, born May 28, 1989. Both parties shall have hull access to information regarding the
child, his healthcare, his education, his religious training, and the like, and both parties will
cooperate to make such information readily available to the other.
2. The parties will share physical custody of the said child on the following schedule:
A. During the child's school year:
(1) Week One: The father shall have the child from Monday
after school until school resumes Tuesday morning and again from
Wednesday after school until school resumes Thursday morning and
from Friday after school until Monday morning the following week
when school resumes.
(2) Week Two: The father shall have the child from Tuesday
after school until school resumes Wednesday morning and from
Thursday after school until school resumes Friday morning.
(3) In addition, when either parent is not available to have the
child after school because of his or her work, the other parent will have
the child from the time the child gets out of school in the afternoon
until the other parent picks the child up at such parent's residence.
(4) During the balance of the time, the child shall be with the
mother.
B. During the child's summer vacation from school, the parties shall share
physical custody of the child equally on a schedule to be agreed upon by them by 1
April of each year. In the event that the parties cannot so agree, they will follow the
above schedule with father being responsible to have the child and provide child care
for him on Mondays and Wednesdays during Week One and Tuesdays and Thursdays
during Week Two as well as his weekends with the child and mother being
responsible to provide child care for the child on the other days. The parties will
exchange proposed schedules for the summer vacation no later than the first of April
each year and endeavor to reach mutual agreement on a schedule for the summer
shortly thereafter.
C. Holidays. The parties shall have custody of their minor child on holidays
as follows, and such holiday schedule shall take precedence over the regular custody
schedule set forth hereinabove:
(1) Alternating Holidays. Alternating holidays shall consist of
Memorial Day, Independence Day, and Labor Day. The alternating
holiday schedule shall begin with father having Independence Day in
2000.
The parties further agree that three (3) day weekends shall be
enjoyed by the party having the scheduled holiday, providing that one
party does not have every three (3) day weekend holiday. Finally, the
parties agree that should there be a four (4) day weekend, then the
party having the scheduled holiday shall enjoy the four (4) day
weekend, providing that one party does not have every four (4) day
weekend holiday.
(2) Thanksgiving. The Thanksgiving Day holiday shall be
divided into two (2) segments, Segment A and Segment B, which shall
be alternated on a yearly basis. The party having Segment A shall have
visitation with the child from 8:00 a.m. until 3:00 p.m. on Thanksgiving
Day. The party having Segment B shall have visitation with the child
from 3:00 p.m. until 10:00 p.m. Thanksgiving Day. Mother shall have
Segment B in even numbered years.
(3) Christmas. The Christmas holiday shall be divided in two
(2) segments, Segment A and Segment B, which shall be alternated on
a yearly basis. The party having Segment A shall have visitation with
the child from 1:00 p.m. on Christmas Eve Day until 1:00 p.m.
Christmas Day. The party having Segment B shall have visitation with
the minor child from 1:00 p.m. Christmas Day until 1:00 p.m.
December 26"'. Father shall have Segment A in even-numbered years.
(4) Mother's Day. Mother's Day with mother, from 8:00 a.m.
until 8:00 p.m. If Mother's Day falls on father's weekend, father shall
have tite following Sunday as a make-up for the loss of his Sunday.
(5) Father's Day- Father's Day with father, from 8:00 a.m.
until 8:00 p.m. If Father's Day falls on mother's weekend, mother shall
have the following Sunday as a make-up for the loss of her Sunday.
D. Vacations. Each of the parties shall be entitled to have the child for up to
six (6) full weeks per year for purposes of vacation, provided that no period of
vacation shall be exercised in more than fourteen (14) day blocks and that each party
shall give the other at least thirty (30) days' written notice of the dates they propose
to have the child for such vacation periods. Neither party shall exercise vacation
periods over the Thanksgiving or Christmas holidays as provided for hereinabove,
otherwise the vacation periods of temporary custody shall take precedence over the
regular schedule as set forth above in sub-paragraphs A and B. In the event that
either parent elects to take vacation time concurrent with a school break, such as the
Easter or Christmas vacation, that parent will not take all of the school vacation time
during the school year, so that both parents shall have an opportunity to spend
vacation time with the child during the school year, as it may be available.
I?P
BY THE COURT,
J.
TERRY L. BORNMAN, 1
Plaintiff 1
1
1
VS. 1
1
CYNTHIA J. VOGELSONG, 1
Defendant 1
STIPULATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-6666 CIVIL TERM
IN CUSTODY
AND NOW come the above-named parties, with their attorneys, and stipulate and agree as
follows:
1. The parties shall share both legal and physical custody of their minor child, Kyle L.
Bornman, born May 28, 1989. Both parties shall have full access to information regarding the
child, his healthcare, his education, his religious training, and the like, and both parties will
cooperate to make such information readily available to the other.
2. The parties will share physical custody of the said child on the following schedule:
A. During the child's school year:
(1) Week One: The father shall have the child from Monday
after school until school resumes Tuesday morning and again from
Wednesday after school until school resumes Thursday morning and
from Friday after school until Monday morning the following week
when school resumes.
(2) Week Two: The father shall have the child from Tuesday
after school until school resumes Wednesday morning and from
Thursday after school until school resumes Friday morning.
(3) In addition, when either parent is not available to have the
child after school because of his or her work, the other parent will have
the child from the time the child gets out of school in the afternoon
until the other parent picks the child up at such parent's residence.
(4) During the balance of the time, the child shall be with the
mother.
B. During the child's summer vacation from school, the parties shall share
physical custody of the child equally on a schedule to be agreed upon by them by 1
April of each year. In the event that the parties cannot so agree, they will follow the
above schedule with father being responsible to have the child and provide child care
for him on Mondays and Wednesdays during Week One and Tuesdays and Thursdays
during Week Two as well as his weekends with the child and mother being
responsible to provide child care for the child on the other days. The parties will
exchange proposed schedules for the summer vacation no later than the first of April
each year and endeavor to reach mutual agreement on a schedule for the summer
shortly thereafter.
C. Holidays. The parties shall have custody of their minor child on holidays
as follows, and such holiday schedule shall take precedence over the regular custody
schedule set forth hereinabove:
(1) Alternating Holidays. Alternating holidays shall consist of
Memorial Day, Independence Day, and Labor Day. The alternating
holiday schedule shall begin with father having Independence Day in
2000.
The parties further agree that three (3) day weekends shall be
enjoyed by the party having the scheduled holiday, providing that one
party does not have every three (3) day weekend holiday. Finally, the
parties agree that should there be a four (4) day weekend, then the
party having the scheduled holiday shall enjoy the four (4) day
weekend, providing that one party does not have every four (4) day
II weekend holiday. i
(2) Thanksgiving. The Thanksgiving Day holiday shall be
divided into two (2) segments, Segment A and Segment B, which shall
be alternated on a yearly basis. The party having Segment A shall have
2
visitation with the child from 8:00 a.m. until 3:00 p.m. on Thanksgiving
Day. The party having Segment B shall have visitation with the child
from 3:00 p.m. until 10:00 p.m. Thanksgiving Day. Mother shall have
Segment B in even-numbered years.
(3) Christmas. The Christmas holiday shall be divided in two
(2) segments, Segment A and Segment B, which shall be alternated on
a yearly basis. The party having Segment A shall have visitation with I
the child from 1:00 p.m. on Christmas Eve Day until 1:00 p.m.
Christmas Day. The party having Segment B shall have visitation with
the minor child from 1:00 p.m. Christmas Day until 1:00 p.m.
December 26"'. Father shall have Segment A in even-numbered years.
(4) Mother's Day. Mother's Day with mother, from 8:00 a.m.
until 8:00 p.m. If Mother's Day falls on father's weekend, father shall
have the following Sunday as a make-up for the loss of his Sunday.
(5) Father's Day. Father's Day with father, from 8:00 a.m.
until 8:00 p.m. If Father's Day falls on mother's weekend, mother shall
have the following Sunday as a make-up for the loss of her Sunday.
D. Vacations. Each of the parties shall be entitled to have the child for up to
six (6) full weeks per year for purposes of vacation, provided that no period of
vacation shall be exercised in more than fourteen (14) day blocks and that each party
shall give the other at least thirty (30) clays' written notice of the dates they propose
to have the child for such vacation periods. Neither party shall exercise vacation
periods over the Thanksgiving or Christmas holidays as provided for hereinabove,
otherwise the vacation periods of temporary custody shall take precedence over the
regular schedule as set forth above in sub-paragraphs A and B. In the event that
either parent elects to take vacation time concurrent with a school break, such as the
Easter or Christmas vacation, that parent will not take all of the school vacation time
during the school year, so that both parents shall have an opportunity to spend I
vacation time with the child during the school year, as it may be available.
I
I
II.)
3. The parties agree that, so long as they share physical custody of the child in accordance
with this agreement, neither one of them shall seek or receive child support from the other except
as follows:
A. The parties will share equally all unreimbursed medical, dental,
orthodontic, psychological, and other expenses incurred for the healthcare of the child
after the application of health insurance payments; and
B. The parties shall share equally all out-of-pocket expenses for regularly-
scheduled school activities or all non-school activities to which both parents consent;
and
C. The parties shall each contribute fifty (50°o) percent of the direct
expenses for a four-year college degree for their son. For purposes of this agreement
"direct expenses" shall mean tuition, room, board (including off-campus housing and
food allowance if the child does not live in housing provided by the school), and all
other expenses paid directly to the college, university, or other school being attended
by the child. Neither party shall be obligated to make such contributions after the
sixth year following the child's high school completion and the costs shall be divided
after considering all scholarships, grants, and other financial aid available to the child
(excluding college loans or other financial aid in the form of debts or loans) and the
child's own contributions to such educational costs.
Cynthia J. Vogelsong shall, within ten (10) days of the date of this agreement, file a petition or
other documents to terminate the support action filed before the Court of Common Pleas of
Cumberland County to No. 165-S-1999 (PACSES 2861 00805), and remit any and all arrearages
due under said order at that time. Further, the order shall be terminated effective June 7, 2000,
and any payments she receives after that date site will pay over to or return to Terry L. Bornman.
4. The parties shall alternate the child's personal exemption for federal and state income
tax purposes with the father, Terry L. Bornman, claiming the child's exemption in even-numbered
years and the mother, Cynthia J. Vogelsong, claiming the child's exemption in odd-numbered years.
Each of the parties will make, execute, acknowledge and deliver any and all documents necessary
to carry into effect and to implement the terns of this paragraph.
.f
5. For insurance purposes, each of the parties shall list their residence as the child's
primary residence with their health insurance providers.
and the parties agree to be bound by such order.
6. The parties agree that this stipulation, or the provisions of it relating to the custody of
their child, shall be entered as an order of court in the custody action now pending between them,
IN WITNESS WHEREOF, the parties hereto and their attorneys have set their hands and seals
,of ?
this
Jerry A.
day of 'flit n/(Z 2000.
J.
s- maer L. AndA\)
Attorney for Terry L. Bornman
? Cynthi . Vo "Isong
A q I/
Terry) Bornman
TERRY L. BORNMAN,
Plaintiff
VS.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-6666 CIVIL TERM
CYNTHIA J. VOGELSONG,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW this day of , 2003, upon
consideration of the attached Petition we hereby order and decree as follows:
A. The Defendant Cynthia J. Vogelsong shall immediately comply in
all ways with the prior order of custody, dated June 29, 2000. Specifically,
the Plaintiff shall have physical custody of the child effective Monday,
October 20, 2003 to commence his custody time during Week One in
accordance with Paragraph 2 A (1) of that order. The parties shall thereafter
maintain the schedule set out in the order until further order of this court.
B. A hearing is hereby scheduled before the undersigned,.to
commence at o'clock m. on the
day of 2003, to consider the matters raised in the said
Petition.
BY THE COURT,
J.
Distribution:
Samuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12'" Street, P.O. Box 168, Lemoyne, Pa 17043
Jerry A. Philpott, Esquire (Attorney for Defendant)
227 North High Street, Duncannon, PA 17020
I
ICI
I?
TERRY L. BORNMAN,
Plaintiff
VS.
CYNTHIA J. VOGELSONG,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-6666 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW this day of ( 2003, in
consideration of the attached Petition we hereby order and direct as follows:
A. The Defendant Cynthia J. Vogelsang shall immediately comply in
all ways with the prior order of custody, dated June 29, 2000. Specifically,
the Plaintiff shall have physical custody of the child effective Monday,
October 20, 2003 to commence his custody time during Week One in
accordance with Paragraph 2 A (1) of that order. The parties shall thereafter
maintain the schedule set out in the order until further order of this court.
B. This matter is referred to the custody conciliator for a prompt
conference to resolve these matters. If the matter is not resolved at the
conference before the conciliator, the conciliator shall immediately file a
report with the undersigned.
BY THE COURT,.
Distribution:
amuel L. Andes, Esquire
525 North 12`n Street
J.
(Attorney for Plaintiff)
P.O. Box 168, Lemoyne, Pa 17043
,dlerry A. Philpott, Esquire (Attorney for Defendant)
227 North High Street, Duncannon, PA 17020
i?nU1?4 ?. -1(08C ISO
TERRY L. BORNMAN, )
Plaintiff )
Vs. )
CYNTHIA J. VOGELSONG, )
Defendant )
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-6666 CIVIL TERM
IN CUSTODY
PETITION FOR EMERGENCY RELIEF
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
petitions the court for emergency relief and to enforce its order of 29 June 2000 in this
matter, all based upon the following:
1. The Petitioner herein is the Plaintiff, Terry L. Bornman, whose mailing address is
P.O. Box 514 in Summerdale, Pennsylvania 17093.
2. The Respondent herein is the Defendant, Cynthia J. Vogelsong, who resides at
822 Humer Street in Enola, Pennsylvania 17025.
3. The parties are the parents of one minor child, Kyle L. Bornman, age 14, born
28 May 1989. That child is the subject of an order of this court awarding shared legal
and physical custody to the Plaintiff and Defendant which order is dated 29 June 2000
and a copy of which order is attached hereto and marked as Exhibit A.
4. The parties have operated under the said order since it was entered more than
three years ago. The child has prospered under that order and all parties have benefitted
from it.
5. Recently, the Defendant has violated the terms and provisions of the order of
29 June 2000 and has kept the minor child from the custody of and contact with
Plaintiff. Specifically:
A. On Friday, 10 October 2003, when the child was scheduled to
start a weekend with Plaintiff, Defendant kept the child with her and denied
Plaintiff custody of the child for the weekend, promising to exchange
weekends with him so that the father would have custody for the weekend
to commence on Friday, 17 October 2003, all against Plaintiff's wishes.
B. On Tuesday, 14 October 2003, when the child was to come to the
Plaintiff's home, the child never appeared and Plaintiff subsequently learned
that the Defendant had picked up the child and kept him with her during the
Plaintiff's scheduled period of custody.
C. On Thursday, 16 October 2003, when Plaintiff was again
scheduled to have custody of the child, Plaintiff went to the child's school to
pick up the child to commence his period of custody, only to learn that the
child had not been in school that day. Plaintiff subsequently learned that the
Defendant had kept the child out of school and kept the child away from
Plaintiff in violation of the custody order.
6. Defendant has violated this court's order and Plaintiff believes she will continue
to violate the order, and to frustrate his custodial rights with regard to his child, without
this court's immediate intervention.
WHEREFORE, Plaintiff prays this court to take the following action:
A. Order and direct the Defendant to immediately comply with the
terms and provisions of this court's order of 29 June 2000 with regard to
custody of the child; and
B. Schedule a hearing on this Petition and, after that hearing, take
such steps as the court deems appropriate to protect the parties' rights with
regard to the child, including an award of additional custody time for Plaintiff
with the child to make up for the time he lost as a result of Defendant's
misconduct.
Sii-muell L. Ande
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 121h Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date:
TERRY BO RNMAN
1!I
II
?I
II
?I
Ili CERTIFICATE OF SERVICE
I
I hereby certify that I served a copy of the foregoing document upon counsel for
the Defendant herein by regular mail, postage prepaid, addressed as follows:
Jerry A. Philpott, Esquire
227 North High Street
Duncannon, PA 17020
Cynthia J. Vogelsong
822 Humer Street
Enola, PA 17025
i
Date:
ii
17 October 2003
Amy M. rkins
Secretary for Samuel L. Andes
TERRY L. BORNMAN,
Plaintiff
VS.
CYNTHIA J. VOGELSONG,
Defendant
ORDER OF COURT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-6666 CIVIL TERM
IN CUSTODY
AND NOW this .2?/ day of jU-n,(? 2000, upon the stipulation of the
parties which is attached hereto, we enter the following order regarding custody:
1. The parties shall share both legal and physical custody of their minor child, Kyle L.
Bornman, born May 28, 1989. Both parties shall have full access to information regarding the
child, his healthcare, his education, his religious training, and the like, and both parties will
cooperate to make such information readily available to the other.
2. The parties will share physical custody of the said child on the following schedule:
A. During the child's school year:
(1) Week One: The father shall have the child from Monday
after school until school resumes Tuesday morning and again from
Wednesday after school until school resumes Thursday morning and
from Friday after school until Monday morning the following week
when school resumes.
(2) Week Two: The father shall have the child from Tuesday
after school until school resumes Wednesday morning and from
I
Thursday after school until school resumes Friday morning.
(3) In addition, when either parent is not available to have the j
i
child after school because of his or her work, the other parent will have
the child from the time the child gets out of school in the afternoon
until the other parent picks the child up at such pare rt's residence.
(4) During the balance of the lime, the child shall he with the i
mother.
B. During the child's summer vacation from school, the parties shall share
physical custody of the child equally on a schedule to be agreed upon by them by 1
April of each year. In the event that the parties cannot so agree, they will follow the
above schedule with father being responsible to have the child and provide child care t
for him on Mondays and Wednesdays during Week One and Tuesdays and Thursdays
during Week Two as well as his weekends with the child and mother being
responsible to provide child care for the child on the other clays. The parties will
exchange proposed schedules for the summer vacation no later than the first of April
each year and endeavor to reach mutual agreement on a schedule for the summer
shortly thereafter.
C. Holidays. The parties shall have custody of their minor child on holidays
as follows, and such holiday schedule shall take precedence over the regular custody
schedule set forth hereinabove:
(1) Alternating Holidays. Alternating holidays shall consist of
Memorial Day, Independence Day, and Labor Day. The alternating
holiday schedule shall begin with father having Independence Day in
2000.
The parties further agree that three (3) clay weekends shall be
enjoyed by the party having the scheduled holiday, providing that one
party does not have every three (3) day weekend holiday. Finally, the
parties agree that should there be a four (4) clay weekend, then the
party having the scheduled holiday shall enjoy the four (4) clay
weekend, providing that one party does not have every four (4) day
weekend holiday.
(2) Thanksgiving. The Thanksgiving Day holiday shall be
divided into two (2) segments, Segment A and Segment B, which shall
be alternated on a yearly basis. The party having Segment A shall have
visitation with the child from 8:00 a.nt. until 3:00 p.m. on Thanksgiving
Day. The party having Segment B shall have visitation with the child
from 3:00 p.m. until 10:00 p.m. Thanksgiving Day. Mother shall have
Segment B in even-numbered years.
(3) Christmas. The Christmas holiday shall be divided in two
(2) segments, Segment A and Segment B, which shall be alternated on
a yearly basis. The party having Segment A shall have visitation with
t)te child from 1:00 p.m. on Christmas Eve Day until 1:00 p.m.
Christmas Day. The party having Segment B shall have visitation with
the minor child from 1:00 p.m. Christmas Day until 1:00 p.m.
December 26"'. Father shall have Segment A in even-numbered years.
(4) Mother's Day. Mother's Day with mother, from 8:00 a.m.
until 8:00 p.m. If Mother's Day falls on father's weekend, father shall
have the following Sunday as a make-up for the loss of his Sunday.
(6) Father's Day. Father's Day with father, from 8:00 a.m.
until 8:00 p.m. If Father's Day falls on mother's weekend, mother shall
have the following Sunday as a make-up for the loss of her Sunday.
D. Vacations. Each of the parties shall be entitled to have the child for up to
six (6) full weeks per year for purposes of vacation, provided that no period of
vacation shall be exercised in more than fourteen (14) day blocks and that each party
shall give the other at least thirty (30) days' written notice of the dates they propose
to have the child for such vacation periods. Neither party shall exercise vacation
periods over the Thanksgiving or Christmas holidays as provided for hereinabove,
otherwise the vacation periods of temporary custody shall take precedence over the
regular schedule as set forth above in sub-paragraphs A and B. In the event that
either parent elects to take vacation time concurrent with a school break, such as the
Easter or Christmas vacation, that parent will not take all of the school vacation time
during the school year, so that both parents shall have an opportunity to spend
vacation time with the child during the school year, as it may be available.
BY THE COURT,
In 7cs!im:•: y : :.r, c`, i it :•.r -, my hand
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