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HomeMy WebLinkAbout07-2563l' Jeffrey Haymire, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Kimberly Ann Haymire, No. 07 - oZ51.3 CIVIL Defendant IN CUSTODY ORDER OF COURT AND NOW, , 2007, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2007, at o'clock, _.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection From Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 ¦ MARK F. BAYLEY, ESQUIRE BAYLEY & MANGAN 57 WEST POMFRET STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 87663 ATTORNEY FOR PLAINTIFF Jeffrey Haymire, IN THE COURT OF COMMON PLEAS OF Plaintiff. CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Kimberly Ann Haymire, No. 07 - -76"6 3 CIVIL Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. 2 3. The plaintiff is Jeffrey Haymire, residing at 2611 Oak Land Road, Dover, York County, Pennsylvania 17315. The defendant is Kimberly Ann Haymire, residing at 1909 George Ave., Carlisle, Cumberland County, Pennsylvania 17013. Plaintiff seeks custody of the following child: Name Kaitlyn Marie Haymire Present Residence 1909 George Ave. Carlisle, PA 17013 DOB Age 2/22/2002 5 years The child was born in wedlock 4. The child is presently in the custody of Kimberly Ann Haymire, residing at 1909 George Ave., Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Plaintiff and Defendant Defendant 391 Trayer Lane Carlisle, PA 1909 George Ave. Carlisle, PA Birth to 6/2002 6/2002 to present 5. 6. 7. 8 9. 10 The mother of the child is Kimberly Ann Haymire, residing at 1909 George Ave., Carlisle, Cumberland County, Pennsylvania 17013. She is not married. The father of the child is Jeffrey Haymire, residing at 2611 Oak Land Road, Dover, York County, Pennsylvania 17315. He is not married. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons. Name Ruth Ann Athens Barbara Medicus Relationship Mother Sister The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons. Name Kaitlyn Haymire Nathan Halliner Relationship Daughter Son Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief requested because: A Court Ordered determination of custody is required to avoid continuing conflict between the parties. WHEREFORE, Plaintiff requests this Court to grant Plaintiff physical custody at times agreed upon by the parties or at times determined by the Court to be in the best interests of the child. Date: S _ O Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Es uire 57 W. Pomfret Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff WHEREFORE, Plaintiff requests this Court to grant Plaintiff physical custody at times agreed upon by the parties or at times determined by the Court to be in the best interests of the child. Date: Respectfully submitted, BAYLEY & MANGAN U Mark F. Bayley, Es uire 57 W. Pomfret Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff Jeffrey Haymire, Plaintiff V. Kimberly Ann Haymire, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07 - CIVIL IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification-to authorities. V ?? / ?? effrey aymire, P aintiff .?' 1 i C? C? ? ?' ? Q -n ..?,, ?, t 1 ? `r . ?y ? - _ J .. r ?;? _ O ? _ .•? n? 7? JEFFREY HAYMIRE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-2563 CIVIL ACTION LAW KIMBERLY ANN HAYMIRE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 09, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 12, 2007 at 10.30 AM .__......... __._ for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 * e-(g - °?p?2 ?'u cob s X30 :1114,V 6- ?,?,,,H L0OZ 18 20n7..W1 JUN 18 2(107 JEFFREY HAYMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2563 CIVIL ACTION - LAW KIMBERLY ANN HAYMIRE, . Defendant : IN CUSTODY KIMBERLY A. HAYMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1089 CIVIL ACTION - LAW JEFFREY E. HAYMIRE, : IN CUSTODY Defendant . ORDER OF COURT AND NOW, this day of 17 $-^ L , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ?, of the Cumberland County Court House, on the / & day of Ar,?I 2007, at •`.30 o'clock, --&. 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 each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The case at docket number 2003-1089 is hereby consolidated with this docket. The prior Order of Court dated March 16, 2006 is hereby vacated. 3. The Father, Jeffrey Haymire and the Mother, Kimberly Ann Haymire, shall have shared legal custody of Kaitlyn Marie Haymire, born February 22, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be Al- rl.tt 90 :i6 1`111 Oz 4T.f t JR entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Mother shall have primary physical custody of the child. 5. Father shall have periods of partial physical custody on alternating weekends beginning Friday June 15, 2007 from Friday at 6:00-6:30 p.m. to Sunday at 6:00-6:30 p.m. 6. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 2:00 p.m. to Christmas Day at 2:00 p.m. Block B shall be from Christmas Day at 2:00 p.m. to December 26 at 2:00 p.m. Mother shall always have physical custody of the child for Block A and Father shall always have physical custody of the child for Block B. 7. All other holidays shall be split by the parties. 8. Father shall always have physical custody of the child for his family reunion. 9. Father shall always have physical custody of the child on Father's Day and Mother shall always have physical custody of the child on Mother's Day. 10. Both parties shall have physical custody of the child for 2 non-consecutive weeks in the summer provided they give the other party 30 days prior notice. 11. Transportation shall be shared such that the parties shall exchange custody at the route 174/74 crossroads. 12. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. c=erly F. Bayley, Esquire, counsel for F Ann Haymire, pro se 1909 George Avenue n Carlisle, PA 17013 4 1 er? JEFFREY HAYMIRE, Plaintiff V. KIMBERLY ANN HAYMIRE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-2563 CIVIL ACTION - LAW : IN CUSTODY KIMBERLY A. HAYMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1089 CIVIL ACTION - LAW JEFFREY E. HAYMIRE, : IN CUSTODY Defendant PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaitlyn Marie Haymire February 22, 2002 Mother 2. A Conciliation Conference was held June 12, 2007 with the following individuals in attendance: The Father, Jeffrey Haymire, with his counsel, Mark F. Bayley, Esquire, and the Mother, Kimberly Ann Haymire, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated March 16, 2006 at Docket Number 2003-1089, providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. Father's position on custody is as follows: Father seeks shared legal and periods of partial physical custody on alternating weekends. He requests shared transportation, for the parties to meet at Baker's in Dillsburg, since Mother lives in Carlisle and Father lives in Dover. 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody with Father having alternating weekends. Mother maintains that Father should be responsible for all transportation but is willing to meet at the route 174/74 crossroads to exchange custody. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, consolidating the dockets, vacating the prior Order and ordering shared legal custody, Mother having primary physical custody and Father having alternating weekends. Pending the hearing the parties shall exchange custody at the route 174/74 crossroads. It is expected that the Hearing will require one-half day. ?o7? M. Verney, Esquire Date jacelin-e' Custody Conciliator Jeffrey Haymire, Plaintiff V. Kimberly Ann Haymire, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2007-2563 Civil Action Law : In Custody Kimberly A. Haymire, Plaintiff V. Jeffrey E. Haymire, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2003-1089 Civil Action Law In Custody MOTION FOR CONTINUANCE AND NOW, comes Jeffrey Haymire, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within motion avers as follows: 1. A hearing with regard to the above custody matter was previously scheduled for October 4, 2007 at 9:30 AM. 2. The sole issue to be decided at the hearing relates to where the parties will exchange the child. 3. Undersigned counsel does not expect testimony on this issue to exceed one- half hour. 4. Undersigned counsel has been scheduled for argument court in Franklin County for the same morning which is only held once a month. 5. Undersigned counsel would prefer to continue the custody hearing to a later date to solve this conflict. 6. Ms. Haymire is pro se and her position with regard to this motion is unknown. WHEREFORE, undersigned counsel respectfully requests a continuance to the hearing currently scheduled for October 4, 2007. Respectfully submitted, BAYLEY & MANGAN 'i 7- Date: t Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Jeffrey Haymire Jeffrey Haymire, Plaintiff V. Kimberly Ann Haymire, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2007-2563 Civil Action Law In Custody Kimberly A. Haymire, Plaintiff V. Jeffrey E. Haymire, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2003-1089 Civil Action Law In Custody VERIFICATION Mark F. Bayley, Esquire , states that he is the attorney for Jeffrey Haymire, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ? (-cr7 Mark F. Bayley, Esquir Attorney for Jeffrey Haymire Jeffrey Haymire, In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania V. No. 2007-2563 Civil Action Law Kimberly Ann Haymire, Defendant In Custody Kimberly A. Haymire, In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania V. No. 2003-1089 Civil Action Law Jeffrey E. Haymire, In Custody Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Jeffrey Haymire, do hereby certify that I this day served a copy of the Motion for Continuance upon the following by fax and depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kimberly Ann Haymire 909 George Ave. Carlisle, PA 17013 Dated: Z I l vw`?? Mark F. Bayley, Esq ire Attorney for Jeffrey Haymire -l In AUG 3 22007 ?d Jeffrey Haymire, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania V. No. 2007-2563 Civil Action Law Kimberly Ann Haymire, Defendant In Custody Kimberly A. Haymire, In the Court of Common Pleas of Plaintiff , Cumberland County, Pennsylvania V. Jeffrey E. Haymire, Defendant No. 2003-1089 Civil Action Law In Custody ORDER OF COURT AND NOW, this ? day of V% , 2007, the hearing previously scheduled for October 4 2007 is hereby continued to the 6? day of 7 at L' V o'clock 4-m., at which time testimony will be taken. For purposes of this hearing, the father shall be deemed to be the moving parry and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel, a memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of anticipated testimony of each witness. These memorandums shall be filed at least ten days prior to the hearing date. All other aspects of the Order of June 19, 2007 remain in full force and effect. . cc: u4berly Ann Haymire, pro se 909 George Ave. C 'sle, PA 17013 ark F. Bayley, Esquire Rv the rmirt- `d1NVI ASNhJ3d 6C :E Wd LZ SAV L601 iONC,)r-! 0W 40 30I.-14:40-0911A JEFFREY HAYMIRE, Plaintiff V. KIMBERLY ANN HAYMIRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0.07 2563 CIVIL TERM IX KIMBERLY A HAYMIRE, Plaintiff V. JEFFREY HAYMIRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 03-1089 CIVIL TERM ORDER OF COURT AND NOW, this 7`h day of December, 2007, following a hearing on December 6, 2007, on the issue of where exchanges of custody should occur with respect to the parties child, Kaitlyn Marie Haymire (d.o.b. February 22, 2002), and it appearing that both parties believe that the exchange point provided for in the Order of Court dated June 19, 2007, is no longer satisfactory, the exchange point hereafter shall be at Baker's Restaurant on Route 15, Dillsburg, Pennsylvania. BY THE COURT, Mark F. Bayley, Esq. 57 West Pomfret Street Carlisle, PA 17013 Attorney for Father J Wesley Ole , ., J. CDP,V-S enla <SCC /? f ?' ?o7 f 1 N L- 33A LOOZ 35A -i'O Kimberly A. Haymire 909 George Avenue Carlisle, PA 17013 Mother, pro Se rc JEFFREY HAYMIRE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . ACTION - LAW KIMBERLY ANN HAYMIRE, CIL Defendant NO. 2007-2563 CIVIL TERM ************************************** KIMBERLY ANN HAYMIRE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JEFFREY HAYMIRE, Defendant NO. 2003-1089 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of December, 2007, upon consideration of the custodial issue in the above-captioned case of where the exchanges of custody should occur with respect to the parties' child and following a hearing on that issue, the record is declared closed and the matter is taken under advisement. By the Court, t? ?CZA-, J. Jpj Wesley r, Jr.-, Xrk F. Bayley, Esquire 17 W. South Street Carlisle, PA 17013 For the Plaintiff/Defendant ti°`Tberly A. Haymire, Defendant/Plaintiff Pro Se 1909 George Avenue Carlisle, PA 17013 pcb J b4NVAlkSNta AiNn c n- r?r-)%f 90 :QI Nv 11330 t04Z 301A.40-C}MS r Mark F.Bayley,Esquire r T H ` BAYLEY&MANGAN , 17 West South Street 2013 JUL — PM 2' 4 Carlisle,PA 17013 (717)241-2446 MP COUNTY EN NS LVA14 A JEFFREY HAYMIRE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2563 CIVIL ACTION-LAW KIMBERLY ANN HAYMIRE (N.K.A. ADAMS), Defendant : IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND FOR CUSTODY MODIFICATION AND NOW comes Jeffrey Haymire,by and through his attorney, Mark F. Bayley, and in support of the within petition avers as follows: COUNT 1 - CONTEMPT 1. The Honorable J. Wesley Oler, Jr., was previously involved with the above captioned matter. 2. The Petitioner is Jeffrey Haymire, (hereafter"Father") who currently resides at 2611 Oak Land Road,Dover, York County, Pennsylvania, 17315. 3. The Respondent is Kimberly Ann Haymire (n.k.a. Adams) (hereafter "Mother")who currently resides at 1909 George Avenue, Carlisle, Pennsylvania, 17013. 4. The child at issue is Kaitlyn Marie Haymire (age 11)born February 22, 2002. 5. Orders were entered in this matter on June 19, 2007 and December 7, 2007 (attached respectively as "Exhibit A" and "Exhibit B"). 6. Paragraph 5 of the June 19, 2007 order states: Father shall have periods of partial physical custody on alternating weekends beginning Friday June 15, 2007 at 6:00-6:30 p.m. to Sunday at 6:00-6:30 p.m. 7. Paragraph 6 addresses the Christmas holiday. 8. Paragraph 9 states: Father shall always have physical custody of the child on Father's Day and Mother shall always have physical custody of the child on Mother's Day. 9. Paragraph 7 states: All other holidays shall be split by the parties. 10. The December 7, 2007 Order directs that custodial exchanges occur at Baker's Restaurant in Dillsburg. 11. The weekend beginning on March 29, 2013 (Easter Weekend)was Father's custodial weekend; Father waited at the exchange place and Mother failed to show or otherwise transfer the child on this weekend. 12. The weekend beginning on May 10, 2013 (Mother's Day Weekend) was Father's custodial weekend; Father permitted Mother to have the child all of this weekend due to Mother's Day. 13. The weekend beginning on May 24,2013 (Memorial Day Weekend) was Father's custodial weekend and Mother dictated against Father's wishes that she would take this entire weekend along with the Monday holiday. 14. The weekend beginning on June 14, 2013 (Father's Day Weekend)was Mother's custodial weekend; not only did Mother not return the favor of giving Father this entire weekend, Father waited at the exchange place on Father's Day and Mother failed to show or otherwise transfer the child on said day. 15. Mother has willfully disobeyed the Court's directives by selfishly gobbling up all of the recent holidays for herself and taking away Father's ordered custodial periods at will. 16. . Mother is in willful contempt. WHEREFORE, Father requests an adjudication of contempt upon Mother, reimbursement of his attorney fees incurred for enforcement purposes,make-up custodial periods, and any other fines and sanctions the Court deems just. COUNT 2—MODIFICATION 17. Previous paragraphs are incorporated herein. 18. Father now wishes to establish specific exchange times with regard to all holidays. WHEREFORE, The Petitioner requests modification of the existing Orders as agreed upon between the parties or otherwise determined by the Court. Respectfully submitted, BAYLEY & MANGAN Date: Mark F. Bayley, Esq ' e 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Date of ey aymire JUN 2 1 2007 JUN 18 2007 04� JEFFREY HAYMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2563 CIVIL ACTION -LAW KIMBERLY ANN HAYMIRE, Defendant : IN CUSTODY KIMBERLY A. HAYMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1089 CIVIL ACTION–LAW JEFFREY E. HAYMIRE, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this �" day of , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Co ZO , of the Cumberland County Court House, on the _day of uR —, 2607, at o'clock, A_. 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 each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each . witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The case at docket number 2003-1089 is hereby consolidated with this docket. The prior Order of Court dated March 16, 2006 is hereby vacated. 3. The Father, Jeffrey Haymire and the Mother, Kimberly Ann Haymire, shall have shared legal custody of Kaitlyn Marie Haymire, born February 22, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all / major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 2') Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be ® EXHIBIT entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Mother shall have primary physical custody of the child. 5. Father shall have periods of partial physical custody on alternating weekends beginning Friday June 15, 2007 from Friday at 6:00-6:30 p.m. to Sunday at 6:00-6:30 p.m. 6. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 2:00 p.m. to Christmas Day at 2:00 p.m. Block B shall be from Christmas Day at 2:00 p.m. to December 26 at 2:00 p.m. Mother shall always have physical custody of the child for Block A and Father shall always have physical custody of the child for Block B. 7. All other holidays shall be split by the parties. 8. Father shall always have physical custody of the child for his family reunion. 9. Father shall always have physical custody of the child on Father's Day and Mother shall always have physical custody of the child on Mother's Day. 10. Both parties shall have physical custody of the child for 2 non-consecutive weeks in the summer provided they give the other party 30 days prior notice. 11. Transportation shall be shared such that the parties shall exchange custody at the route 174/74 crossroads. 12. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE C UR s/ V 0W. J. cc: Mark F. Bayley, Esquire, counsel for Father Kimberly Ann Haymire, pro se - .:RD 1909 George Avenue nV hand Carlisle, PA 17013 T . ......20 e ,.. P h notary f Kimberly A. Haymire 909 George Avenue Carlisle, PA 17013 Mother, pro Se :rc s 20107 JEFFREY HAYMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION—LAW KIMBERLY ANN HAYMIRE, : Defendant NO. 07-2563 CIVIL TERM KIMBERLY A. : IN THE COURT OF COMMON PLEAS OF HAYMIRE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION — LAW JEFFREY HAYMIRE, Defendant NO. 03-1089 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of December, 2007, following a hearing on December 6, 2007, on the issue of where exchanges of custody should occur with respect to the parties child, Kaitlyn Marie Haymire (d.o.b. February 22, 2002), and it appearing that both parties believe that the exchange point provided for in the Order of Court dated June 19, 2007, is no longer satisfactory, the exchange point hereafter shall be at Baker's Restaurant on Route 15, Dillsburg, Pennsylvania, BY THE COURT, r, J. Wesley Oler`Jr'., J. /rrk F. Bayley, Esq. t, rr West Pomfret Street jFp` Carlisle PA 17013 1 E ' Attorney for Father ' y4 4 v:; M.:.,� A ;.� `a .��3ise, Pa. EXHIBIT ny JEFFREY HAYMIRE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2563 CIVIL ACTION - LAW KIMBERLY ANN HAYMIRE (N.K.A. ADAMS), Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Kimberly A. Adams 1909 George Avenue Carlisle, PA 17013 � 1 l Mark F. Bayley, Esqui 4 JEFFREY HAYMIRE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2563 CIVIL ACTION - LAW KIMBERLY ANN HAYMIRE (N.K.A. ADAMS), Defendant : IN CUSTODY ORDER OF COURT AND NOW, , upon consideration of the attached Petition, it is hereby directed that parties and their respective counsel appear before , the Conciliator, at on ,2013 at am/pm for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Failure to appear at the conference may provide grounds for entry of a Temporary or Permanent Order. The Court hereby directs the parties to furnish any and all existing Protection from Abuse Orders, Special Relief Orders, and Custody Orders to the Conciliator 48 hours prior to scheduled hearing. By the Court, By: Custody Conciliator NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages you must take prompt action. You are warned that if you fail to do so,you may lose rights and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County,Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990.For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court,please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. JEFFREY HAYMIRE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI-) v' 2007-2563 CIVIL ACTION LAW S cV' r N r- KIMBERLY ANN HAYMIRE ' IN CUSTODY z r-N -; DEFENDANT °- CO - c k,x0 ORDER OF COURT AND NOW, Tuesday,July 02,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney,Esq., the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,August 06,2013 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ _Jacqueline M. Verney, Esq.ija, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 be.H. Telephone (717) 249-3166 ° PBaO'y ' 61c , . C pi eS /Pa//P(1 7 JEFFREY HAYMIRE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 07-2563 CIVIL KIMBERLY ANN HAYMIRE, Defendant ORDER AND NOW,this /Z ' day of August, 2013,the above-captioned case is assigned to the Honorable J. Wesley Oler, Jr., Senior Judge. BY THE COURT, Kevin . Hess, P. J. -1 The Honorable J. Wesley Oler, Jr. Court Administrator Ce_.�p t qz LacEd—t,� Am, ;10 c' , ry Ca JEFFREY HAYMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2563 CIVIL ACTION - LAW f.._ KIMBERLY ANN HAYMIRE, -� (N/K/A ADAMS) : IN CUSTODY Defendant -< ;c ORDER OF COURTn r =C) _ >C_- U1 AND NOW, this A day of lq v� �,st , 2013, upon -- r a r consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated June 19, 2007 and December 7, 2007 are hereby vacated. 2. Father hereby withdraws his Petition for Contempt. 3. The Father, Jeffrey Haymire and the Mother, Kimberly Ann Haymire N/K/A Adams, shall have shared legal custody of Kaitlyn Marie Haymire, born February 22, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Participation in extracurricular activities shall be discussed and agreed to by both parents. Custodial discussions may occur via email. 4. Mother shall have primary physical custody of the child. 5. Father shall have physical custody of the child from 6:00 p.m. August 11, 2013 to August 21, 2013 at 6:00 p.m. 6. Father shall have periods of partial physical custody on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 7. Holidays shall take precedence over the regular custody schedule: A. Christmas shall be divided into two Blocks. Block A shall be from 2:00 p.m. on Christmas Eve to 2:00 p.m. on Christmas Day. Block B shall be from 2:00 p.m. on Christmas Day to December 26 at 6:00 p.m. Mother shall always have Block A and Father shall always have Block B. B. Mother shall have physical custody of the child on Thanksgiving Day until 6:00 p.m. Father shall always have physical custody of the child from Thanksgiving Day at 6:00 p.m. to Friday at 6:00 p.m. C. Easter shall be from Saturday at 6:00 p.m. to Sunday at 6:00 p.m. Mother shall have physical custody of the child for the Easter holiday in even numbered years and Father shall have physical custody of the child for the Easter holiday in odd numbered years. D. Mother shall have physical custody of the child on Mother's Day from Saturday at 6:00 p.m. to Sunday at 6:00 p.m. Father shall have physical custody of the child on Father's Day from Saturday at 6:00 p.m. to Sunday at 6:00 p.m. E. Both parties shall have two non-consecutive weeks in the summer from Sunday at 6:00 p.m. to Sunday at 6:00 p.m. provided they give the other party 30-days prior notice. F. Memorial Day, July 41h and Labor Day shall be alternated by the parties from the day before the holiday at 6:00 p.m. to the day of the holiday at 6:00 p.m. Mother shall have Labor Day in 2013 and the parties shall alternate these holidays thereafter. G. Father shall always have physical custody of the child for his family reunion. 8. Transportation shall be shared such that the parties shall exchange custody at Baker's Restaurant in Dillsburg, Pennsylvania. 9. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, - ) p,. 2oz, - T. Wes VIC 01er,1,(' S . J. cc:�ark F. Bayley, Esquire, Counsel for Father -'Kimberly Ann Adams, pro se 1909 George Avenue Carlisle, PA 17013 ca fyz-.�-t JEFFREY HAYMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2007-2563 CIVIL ACTION - LAW KIMBERLY ANN HAYMIRE, (N/K/A ADAMS) : IN CUSTODY Defendant PRIOR JUDGE: J. Wesley Oler,Jr.,J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaitlyn Marie Haymire February 22, 2002 Mother 2. A Conciliation Conference was held in this matter on August 6, 2013, with the following in attendance: The Father, Jeffrey Haymire, with his counsel, Mark F. Bayley, Esquire and the Mother, Kimberly Ann Haymire,N/K/A Adams, pro se. 3. The Honorable J. Wesley Oler, Jr., previously entered Orders of Court dated June 19, 2007 and December 7, 2007 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. Date. p v V4A�� acq ine M. Verney, Esquire Custody Conciliator