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HomeMy WebLinkAbout04-2056HOWARD W. BIEDERMAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. ~~- 02o SG ELLEN H. BIEDERMAN, :CIVIL ACTION -LAW Defendant :CUSTODY COMPLAINT IN CUSTODY AND NOW, the Plaintiff, Howard W. Biederman, by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Howazd W. Biederman, is an adult individual who currently resides at 19 Tiffany Drive, Cazlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Ellen H. Biederman, is an adult individual who currently resides at 3165 Mountview Road, Columbus, OH 43221-2739. 4. The Plaintiff seeks partial custody of the following children: Name Present Residence David V. Biederman Joseph H. Biederman 3165 Mountview Road Columbus, OH 43221-2739 3165 Mountview Road Columbus, OH 43221-2739 17 yeazs DOB 3/14/1987 12 yeazs DOB 10/14/1991 Samuel W. Biederman 3165 Mountview Road 8 yeazs Columbus, OH 43221-2739 DOB 1/7/1996 5. The children named above are presently in the custody of their natural mother, Defendant Ellen H. Biederman, who currently resides at 3165 Mountview Road, Columbus, Ohio, 43221-2739. 6. For the past five yeazs, the children have resided with the following persons at the following addresses: Name 7 Address Defendant 3165 Mountview Road Emily Hennessey Columbus, OH 43221-2739 (Defendant's mother) Plaintiff 19 Tiffany Drive Defendant Cazlisle, PA 17013 Plaintiff 19 Tiffany Drive Defendant Carlisle, PA 17013 Laura Biederman (Parties' now adult daughter) Lisa Biederman (Parties' now adult daughter) Dates 4/4/2004 to present summer 2003 to 4/3/2004 1999 to summer 2003 The biological mother of the children is Ellen H. Biederman, Defendant, who currently resides at 3165 Mountview Road, Columbus, Ohio, 43221-2739. The biological father of the children is Howard W. Biederman, Plaintiff, currently residing at 19 Tiffany Drive. 8. Plaintiff and Defendant aze married to each other; Defendant left the marital residence with the children on April 3, 2004 and relocated to her mother's home at 3165 Mountview Road, Columbus, Ohio, 43221-2739. 9. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides alone. The relationship of the Defendant to the children is that of natural mother. Defendant currently resides with her mother, Emily Hennessey. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have physical custody or visitation rights with respect to the children. 12. Defendant has not been cooperative with Plaintiff regazding the scheduling of periods of partial custody of the children for Defendant. Therefore, Plaintiff is seeking a court ordered custody schedule. 13. Plaintiff and Defendant have been unable to agree on vazious legal custody issues, including whether or not some or all of the children should be homeschooled. 14. The best interests and permanent welfaze of the children will be served by implementing a custody order wherein Defendant is provided regular contact with his minor children and wherein he is granted shazed legal custody of his minor children. 15. Each parent whose parental rights to the child have not been ternunated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. W1IEl2EFOItE, Plaintiff respectfully requests that he be granted partial physical custody and shazed legal custody of his children. Respectfully submitted, J~Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 ~~ S/U~ PA Supreme Ct. ID No. 68735 Dated: HOWARD W. BIEDERMAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. ELLEN H. BIEDERMAN, :CIVIL ACTION -LAW Defendant :CUSTODY VERIFICATION I, Howazd W. Biederman, Plaintiff, hereby verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~~ '2~ ~ Signature: ~~ G~/~/ ' owazd W. Biederman ~, ~ ~ o ~o ~~ a ~ ~~ ~~ ~ ~~ ~ ~ "l: ~ ~, N l c~ Q - c~ y_ ~, -A _ '?- -rl ~„~- ~~ ., ,„ j ~n s" -- HOWARD W. BIEDERMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COCINTY, PENNSYLVANIA V. 04-2056 CIVIL ACTION LAW ELLEN H. BIEDERMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 12, 2004 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before -Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street Mechanicsburg, PA 17055 on Thursday, June 10, 2004 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All. children aQe five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Fs~`"nQ 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 TI'sLEPHONE 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 ~~~ ~/~~/ ~''P ~'~il'~^ dt~ d ,,.,r ~ rlli'Vf i^, ~r;: ~ .~d~J ~~ ~ZI ~'d £ I d,'Id gQOZ Al~iC~~„~ ~p;d d;-LL a0 _ ~ ,,~-C1~1I1 0 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOWARD W. BIEDERMAN Plaintiff v. ELLEN H. BIEDERMAN Defendant To the Prothonotary: NO. 042056 CIVIL ACTION -CUSTODY PRAECIPE Please enter the appearance of Theresa Barrett Male;, Esquire on behalf of Defendant in this proceeding. Theresa Barrett Male, Esqui e Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: May 20, 2004 ~-; n, -- _, o t T~ -~ _r E'II T _ n ' ~ m _ _ <7 1': ~" rn C. _ N ' ..' -^ JUG 0 8 2004 ~/ ~ HOWARD W. BIEDERMAN Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2056 ELLEN H. BIEDERMAN Defendant IN CUSTODY ORDER OF COURT CNIL ACTION LAW AND NOW, this consideration of the attached C Sts od oy C nciliation Repo' rt, it is ordered and ' 2004, upon directed as follows: 1. The Father, Howazd W. Biederman, and the Mother, EllE;n H. Biederman, shall have shazed legal custody of David V. Biederman, born Mazch 14, 1987, Josepih H. Biederman, bom October 14, 1991, and Samuel W. Biederman, bom Janu ary , 1996. Each pazc;nt shall have an equal right, to be exercised jointly with the other pazent, to make all major non-emergency decisions affecting the Children's general well-being includin g, but not limited to, al] deci;>ions regazdin education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school anda edical records and information. Each party shall notify the other of any medical testing or treatment which any of the Children receives during his or her periods of custody, including the names of an personnel or counselors/therapists providing care for a Child. Both ~oarties shall si waivers requested by the other art Y medical Children. p Y ~ order to obtain medical information pertaining ya Child or 2. The parties shall make azrangements for an assessment, to be performed b Shienvold, Ph.D, or other professional selected by agreement of the parties, concerning the Children's needs and interests with regazd to their ongoing education. The Y Arnold obtain independent professional recommendations to assist the parties in determining whether the Children or each Child individually will continue with home schooln'g o oe of asn public schoollb The parties shall sign any authorizations deemed necessary by Dr. Shienvold to obtain additional information or records pertaining to the Children or the school issue generally. The Father shall pay all costs of the assessment up to a total of $2,000.00. Any costs exceeding $2,000.00 shall be paid by the Father through marital assets, which shall not be considered as a diminution of marital funds or assets by the Father in any future equitable distribution. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children on alternating weekends as follows: A. Beginning on September 11, 2004 and continuing on every other alternating weekend, the Father shall have custody of the Children from Saturday at 9:00 a.m. through Sunday at 6:00 p.m., for which the Father shall drive to Ohio and provide all transportation. B. Beginning on September 24, 2004 and continuing on every other alternating weekend thereafter, the Father shall have custody of the Children from Friday at 6:00 p.m. through Sunday at 12:00 noon in Pennsylvania, for which the Mother shall provide all transportation. The Mother shall pick up the Children at church at the end. of the Father's periods of custody on Sundays at 12:00 noon. 5. During the summer break each yeaz, the Father shall have custody of the Children for four weeks, with the specific dates to be arranged by agreement of the parties in consideration of the Children's summer camp schedules. In 2004, the Father shall have custody of the Children for his first week from July 17 at 1:00 p.m. through July 24 at 6:00 p.m. subje<;t to the parties' agreement as to the selection of a caregiver for the Children while the Father is working. The Father's second and third weeks of custody under this provision shall run from August 1, 2004 at 1:00 p.m. through August 15, 2004 at 1:00 p.m. The Father's fourth week of custody shall run from August 22, 2004, when the Mother shall bring the Children to family camp at church through August 28, when the Mother shall pick up the Children from family church camp, The parties agree tihat the Father shall confirm the Children's enrollment in family church camp and, in the event enrollment is closed, the Father agrees to take the Children to day sessions of the camp. Unless otherwise specified in this provision, the Father shall provide transportation for exchanges of custody. The parties agree that the Mother may attend bible camp with the Children during the first week in August. 6. The parties shall share or alternate having custody of the (:hildren on holidays as follows: A. Thanks ivine: The Thanksgiving period of custody shall ~mn from the Wednesday before Thanksgiving at 6:00 p.m. through the Sunday following Thau>Icsgiving at 6:00 p.m. The Father shall have custody of the Children over Thanksgiving in even numbered years and the Mother shall have custody in odd numbered years, unless otherwise agreed between the parties. B. Christmas; The Christmas holiday period shall run from December 23 at 6:00 p.m. through December 26 at 6:00 p.m. The Mother shall have custody of the Children over Christmas in even numbered years and the Father shall have custody in the odd numbered years. In the event the Father is visiting Ohio over Christmas in even numbered years, the Father shall be entitled to have contact with the Children to exchange gifts as arranged by agreement between the parties. The Mother shall have the same opportunity in odd numbered yeazs. C. Easter: The Easter holiday period of custody shall run from Friday at 6:00 p.m. through Sunday at 12:00 noon. The Father shall have custody of the Children over Easter in odd numbered yeazs and the Mother shall have custody in even numbered yeazs. In the event the Mother is visiting in Pennsylvania over the Easter period of custody in odd numbered yeazs, the Mother shall be entitled to have contact with the Children as arranged by agreement between the parties. The Father shall have the same opportunity in even numbered yeazs. D. In the event a party misses a regulaz weekend period cf custody due to the holiday schedule, the Party missing the weekend shall have custody of the Children during the immediately following weekend and the regular alternating schedule shall resume thereafter. The parties acknowledge that this adjustment to the schedule will result in each party having tµo consecutive weekend periods of custody before resumption of the alternating schedule. E. For all periods of custody under this provision, the pazent relinquishing custody of the Children shall be responsible to provide the transportation. 7. The partial custody schedule set forth in this Order shall apply to the parties' two younger Children, Joseph and Samuel. The patties agree that their oldest Child, David, shall be strongly encouraged to participate fully in the partial custody arrangement ;as well. 8. The Father shall make all of the Children's home school portfolios and records available to the Mother prior to the assessment required by this Order as arranged by agreement between the parties. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other pazent, or hamper the free and natural development of the Children's love and respect for the other parent.. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. This Order is entered pursuant to an agreement of the pay-ties 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. J. cc: Jeanne B. Costopoulos, Esquire -Counsel for Father Theresa Barrett Male, Esquire - Counsel for Mother } 'u.,~za" lnza-~-~CC. '7- /3 OY t i~~~~l ~', 62 :6 1~,tl ~ 1 ~' , Uy.~,a ?F1~ ~ ~,~1tC~ J`~'~ ~=113 HOWARD W. BIEDERMAN Plaintiff vs. ELLEN H. BIEDERMAN Defendant IN THE CIJURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2056 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMA][tY REp 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 Children who aze the subjects of this litigation is as follows: N`~E DATE OF BIRTH CURRENTLY IN CUSTODY OF David V. Biederman March 14, 1987 Joseph H. Biederman October 14, 1991 Mother Samuel W. Biederman January 7, 1996 Mother Mother 2. A conciliation conference was held on June 29, 2004, with the following individuals in attendance: The Father, Howazd W. Biederman, with his counsel, JE;anne B. Costopoulos, Esquire, and the Mother's counsel, Theresa Barrett Male, Esquire. The Mother, Ellen H. Biederman, currently resides in Ohio and participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. ~4 ~_ .'~..-, Date Dawn S. Sunday, Esquire / Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOWARD W. BIEDERMAN ~ Plaintiff ~ v. ~ ELLEN H. BIEDERMAN ) CIVIL ACTION LAW NO.: 04-2056 Defendant PRAEC[PE FOR WITHDRAWAL AND ENTRY OF APPEARANCES TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw my appearance on behalf of the Plaintiff, Howard W. Biederman in the above-captioned matter. / ~/y~aa~ Jean B. Costopoulos, Esquire o r.-~~sr: rooo R~~r ad, su;ae aaa Please enter my appearance behalf of the Plaintiff, Howard W. Biederman in the above- captioned matter. .. ~•-, David F. Tamanini, Esquire Supreme Court Id. No. 27776 TAMANINI LAW OFFICE 4800 Linglestown Rd., Suite 309 Harrisburg, PA 17112-9507 (717) 541-18(15 Date: /erg. 9 , 2004 Prothon. - 55 ~ rU ~~ 1 `~ _.., I ~"~ ' i'J C7 f :. _. -^~ ~ ii • - »-' _ ..i IN THE COURT OF COMMON PLEAS OF CUMBEIRLAND COUNTY, PENNSYLVANIA HOWARD W. BIEDERMAN CIVIL ~4CTION LAW Plaintiff v NO: 04-2056 ELLEN H. BIEDERMAN Defendant MOTION FOR FINDING OF CONTEMPT OAF COURT 1. On July 13, 2004 this Honorable Court issued an Order requiring that the parties submit to a professional evaluation of themselves and their two (2) minor children, for the purpose of determining the appropriateness ofcontinued home schooling which the father objects to and the mother supports (see attached Order). 2. The evaluation was previously agreed to by the parties at the Custody Conciliation. 3. The father submitted himself for evaluation in August, 2004, prior to the beginning of the school year. 4. The mother refused to schedule herself and the children for evaluation prior to the beginning of the 2004 school year. 5. The father believes that the refusal was a demonstration of bad faith. 6. The mother unilaterally cancelled a date set by the expert evaluator for the evaluation of the children on September 13, 2004. 7. Although this Honorable Court directed that the parties share legal custody, with an equal right to participate in decisions with respect to education, the mother has refused to discuss the education programs for the children, as well as her plans and progress made during their home schooling education this semester. 8. The mother refuses to communicate with the father in person, via telephone or via a-mail regarding the children's education. 9. On information and belief, the mother, now works during the school day afternoon at least three days a week and restricts the children from physical activity outdoors and from making or receiving phone calls. WHEREFORE, The Plaintiff requests that this Honorable Court enter an Order of Contempt, and direct the mother to provide copies of her plan book and the work product of the children on a monthly basis so he may regain his; role as an informed parent. Respectfully submitted: David F~. T manini, Attorney for Plaintiff 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 ~a-~?tS 2 VERIFICATION I verify that the statements made in the foregoing Motion are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.Section 4904•, relating to unsworn falsification to authorities. Date: ~ -~. €i ~ ~ Z ",v~-~ ward W. 'e~derman ;, HOWARD W. BIEDERMAN Plaintiff vs. ELLEN H. BIEDERMAN Defendant JU1 0 8 2004 ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2056 CNIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this I ~~ day of _~~ .2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Howazd W. Biederman, and the Mother, Ellen :H. Biederman, shall have shared legal custody ofDavid V. Biederman, born March 14, 1987, Joseph Ii. Biederman, born October 14, 1991, and Samuel W. Biederman, born January 7, 1996. Each pazent shall have an equal right, to be exercised jointly with the other pazent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not :limited to, school and medical records and information. Each party shall notify the other of any medical testing or trearinent which any of the Children receives during his or her periods of custody, including the names of any medical personnel or counselors/therapists providing care far a Child. Both parties shall sign any forms or waivers requested by the other party in order to obtain medical information pertaining to a Child or Children. 2. The parties shall make arrangements for an assessment, to be performed by Arnold Shienvold, Ph.D. or other professional selected by agreement of the ptuties, concerning the Children's nevus and interests wil'n regazd to their ongoing. education. The purpose of the assessment shall be to obtain independent professional recommendations to assist the parties in determining whether the Children or each Child individually will continue with home schooling; or enroll in public school. The parties shall sign any authorizations deemed necessary by Dr. Shienvold to obtain additional information or records pertaining to the Children or the school issue generally. The Father shall pay all costs of the assessment up to a total of $2,000,00. Any costs exceeding S2,000.00 shall be paid by the Father through marital assets, which shall not be considered as a diminution of marital funds or assets by the Father in any future equitable distribution. 4. The Father shall have partial physical custody of the Children on alternating weekendsys follows: A. Beginning on September 11, 2004 and continuing on every other alternating weekend, the Father shall have custody of the Children from Saturday at 9:00 a.m. through Sunday at 6:00 p.m., for which the Father shall drive to Ohio and provide all transportation. B. Beginning on September 24, 2004 and continuing on every other alternating weekend thereafter, the Father shall have custody of the Children from Friday at 6:00 p.m. through Sunday at 12:00 noon in Pennsylvania, for which the Mother shall provide all transportation. The Mother shall pick up the Children at church at the end of the Father's periods of custody on Sundays at 12:00 noon. 5. During the summer break each year, the Father shall have custody of the Children for four weeks, with the specific dates to be arranged by agreement of the p~uties in consideration of the Children's summer camp schedules. In 2004, the Father shall have custody of the Children for his first week from July 17 at 1:00 p.m. through July 24 at 6:00 p.m. subiecr ro the parties' agreement as to the selection of a caregiver for the Children while the Father is working.. The Father's second and third weeks of custody under this provision shall run from August 1, 2004 at 1:00 p.m. through August 15, 2004 at 1:00 p.m. The Father's fourth week of custody shall rttn from August 22, 2004, when the Mother shall bring the Children to family camp at church through August 28, when the Mother shall pick up the Children from family church camp, The parties agree that the Father shall confirm the Children's enrollment in family church camp and, in the event enrollment is closed, the Father agrees to take the Children to day sessions of the camp. Unless otherwise specified in this provision, the Father shall provide transportation for exchanges of custody. The parties agree that the Mother tnay attend bible camp with the Children during the first week in August. CyaThe parties shall share or alternate having custody of the Children on holidays as follows: A. Thanks ivin~: The Thanksgiving period of custody shall nm from the Wednesday before Thanksgiving at 6:00 p.m. through the Sunday following Thanksgiving at 6:00 p.m. The Father shall have custody of the Children over Thanksgiving in even numbered yeazs and the Mother sitaii have custody iu odd numbered years, wiiess otherwise al;reed between tiie pasties. B. Christmas: The Christmas holiday period shall run from December 23 at 6:00 p.m. through December 26 at 6:00 p.m. The Mother shall have custody of the Children over Christmas in even numbered years and the Father shall have custody in the odd numbered years. In the event the Father is visiting Ohio over Christmas in even numbe:redyeazs, the Father shall be entitled to have contact with the Children to exchange gifts as suranged by agreement between the parties. The Mother shall have the same opportunity in odcl numbered yeazs. C. Easter: The Easter holiday period of custody shall run from ]Friday at 6:00 p.m. through Sunday at 12:00 noon. The Father shall have custody of the Children over Easter in odd numbered yeazs and the Mother shall have custody in even numbered years. In the event the Mother is visiting in Pennsylvania over the Easter period of custody in odd numbered years, the Mother shall be entitled to have contact with the Children as arranged by agreement between the parties. The Father shall have the same opportunity in even numbered yeazs. D. In the event a party misses a regulaz weekend period of custody due to the holiday schedule, the party missing the weekend shall have custody of the Chilfdren during the immediately following weekend and the regulaz altemating schedule shall! resume thereafter. The parties acknowledge that this adjustment to the schedule will result iin each party having two consecutive weekend periods of custody before resumption of the alternating schedule. E. For all periods of custody under this provision, the parent relinquishing custody of the Children shall be responsible to provide the transportation. 7. The partial custody schedule set forth in this Order shall apply to the parties' two younger Children, Joseph and Samuel. The parties agree that their oldest Child, David, shall be strongly encouraged to participate fully in the partial custody arrangement as well. 8. The Father shall make all of the Children's home school portfolios and records available to the Mother prior to the assessment required by this Order as arranged by agreement between the parties. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other pazent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 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. Lt the absence of mutual consent, the terms of this Order shall control. J. cc: Jeanne B. Costopoulos, Esquire -Counsel for Father Theresa Barrett Male, Esquire - Counsel for Mother 1`I3E;E CE3F~1° F~3~l4f RECt~F~C3 to Te~tNtany tvhmeaf, ! frrrre uttta set my hste;t and ~tho seal d saGi at CarElsie, Pa. This, ~' y ., . Pruthortotsty HOWARD W. BIEDERMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ELLEN H. BIEDERMAN Defendant 04-2056 CCIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARS' REPORT IN ACCORDANCE WITH CUMBERLAII'D COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator subrruts the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURREiVTLY IN CUSTODY OF David V. Biederman March 14, 1987 Mother Joseph H. Biederman October 14, 1991 Mother Samuel W. Biederman January 7, 1996 Mother 2. A conciliation conference was held on June 29, 2004, arith the following individuals in attendance: The Father, Howard W. Biederman, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother's counsel, Theresa Barrett Male, Esquire. The Mother, Ellen H. Biederman, currently IZSideS in (,'iii10 Arid pai~Cipated 331 the COnferenCe by te121ii1Jne. 3. The parties agreed to entry of an Order in the form as attached. CC ~ of o o `7 Date Q Dawn S. Sunday, Esquire Custody Conciliator f J C:: ~.i woo ~ j "fi _O I:LI r- !J7 ~ I `(7 t .1 ~ C7 () C rn ca i {., a ..,,J HOWARD w. BIEDERMAN IN THE COURT' OF COMMON PLEAS OF PLAINTIFF CUMBERLAND CCIUNTY, PENNSYLVANIA V. ELLEN H. BIEDERMAN • 04-2056 CIVIL ACTION LAW DF,FENDANT ~ IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October O5, 2004 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunda Es Y q ,the conciliator, at 39 West Main Street, Mechanicsbur , PA 17055 on Tuesday„ November 02 2004 at 12:30 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existin€; Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prier to scheduled hearing. F'OR'I'HE COURT', By: /s/ na , n C: ndav Esq. mnc 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 accessibbe 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 TAICE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN A"I"I'ORNEY OR CANNOT Af~FORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumbt~rland County Bar Association 32 South Bedford Street Carlisle, Pennsy]vania 1.7013 Telephone (717) 249-3166 ~~ °"~d ~ O• I/~ 0/ ~ ~ ' "~ ~~~~ ~„ ,,,,~, ,, Cr.C 2 7 ?OQ4 HOWARD BIEDERMAN Plaintiff vs. ELLEN H. BIEDERMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAI\(D COUNTY, PENNSYLVANIA 04-2056 CNIL ACTION LAW IN CUSTODY ORDER OF COURT T't AND NOW, this 3~ day of ~ 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Order. 1. The prior Order of this Court dated July 13, 2004 shall continue in effect as modified by this 2. Each party shall promptly notify the other parent of any medical or non-medical emergency relating to any Child. 3. In the event either party intends to remove the Children o~r a Child from his or her residence for an overnight period or longer, that party shall notify the other parent in advance of the address and telephone number where the Children or the Child can be contacted. 4. Both parties shall be entitled to have partial custody of th.e Children for attendance at major functions such as weddings or funerals of either party's parents or ;siblings. 5. Reasonable unlimited contact shall be permitted between both parties and the Children by telephone, e-mail and U.S. mail. For purposes of this provision, reasonable unlimited contact shall mean that the non-custodial parent may have up to one 15-minute telephone call with each Child per day (between 3:00 p.m. and 8:30 p.m. on school days) and up to three a-mails per week. Neither party shall attempt to enforce this provision in an inflexible or unreasonable manner in consideration of the circumstances. The parties shall address the issue of communicati~~n with the Children and the concerns which the issue has generated with the family counselor. 6. Neither party shall use the Children as intermediaries for exchange of information between the parties, including but not limited to transmission of financial acrd tax information. 7. The Father shall have custody of the Children for one-h;rlf of the summer break each year, excluding the first full week after school is dismissed and the last i'ull week before school resumes (pursuant to the public school calendar). The Father's weeks during the summer break shall run from Saturday at 6:00 through the following Saturday at 6:00, with the 1-arty relinquishing custody to provide transportation. The Mother shall notify the Father on or before April 10th of each year of the Children's summer camp schedule, at which time the Father shall sE:lect his periods of custody with 60 days advance notice to the Mother. 8. For the Christmas holiday in 2004, the Father shall have ~i period of custody with the Children on Christmas Eve from 3:00 p.m. through 6:30 p.m., when the Father shall transport the Children to the maternal grandmother's residence. The Father may have custody of the Children earlier on Christmas Eve upon notifying the Mother in advance of his early arrival in Ohio. 9. The parties shall cooperate in facilitating the Father's communication with the family counselor, Diane Green, as well as the Father's participation in the counseling upon recommendation by the counselor. 10. The Mother shall obtain from the marital residence the (~hildren's home school portfolios and records. The parties agree that the Mother shall obtain the foregoing materials from the marital residence with the Father and a mutual friend present on the day following the conciliation conference. The parties agree that the Children shall temporarily stay at the mutual friend's residence during the process of gathering the information. The information to be obtained by the Mother shall include the home school binders for all Children for every year of school to date and the files of records including affidavits filed with the school district and test scores. 11. This Order is entered pursuant to an agreement of the p~~rties at a custody conciliation conference, with the exception of the provision governing commur.~ication between the parties and the Children. 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 Edward E. Guido J. cc:.~avid F. Tamanini, Esquire -Counsel for Father -r1`heresa Barrett Male, Esquire -Counsel for Mother L' l 1~-30-Oy '4~ _. ;''~};`~~ i z :~ ~~~ o~ ~.~o hoot ~~ ~~.C^jc~F ; i aad ?HJ. ~rG~ HOWARD W. BIEDERMAN Plaintiff vs. ELLEN H. BIEDERMAN Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . 04-2056 CIVIL ACTION LAW IN CUSTODY' CUSTODY CONCILIATION SUMMAP;Y 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 Children who ;ire the subjects of this litigation is as follows: NAME DATE OF BIRTH CURP;ENTLY IN CUSTODY OF David V. Biederman March 14, 1987 Mother Joseph H. Biederman October 14, 1991 Mother Samuel W. Biederman January 7, 1996 Mother 2. A custody conciliation conference was held on December 17, 2004, with the following individuals in attendance: The Father, Howard W. Biederman, with his counsel, David F. Tamanini, Esquire, and the Mother, Ellen H. Biederman, with her counsel, Theresa Barrett Male, Esquire. 3. This Court previously entered an Order in this mattet• on July 13, 2004 under which the Mother, who resides in Ohio, has primary physical custody of the Children and the Father has custody on alternating weekends either in Ohio or Pennsylvania on a r~~tating basis. Also under the prior Order, the parties were required to obtain an assessment from Arnold Shienvold, Ph.D. and recommendations as to whether continuing home schooling or enrollment in public school would best meet the needs of the Children. As of the date of the present conference, the assessment had not yet been completed. The Father filed this Petition for Contempt alleging that the Mother violated the July 2004 Order with regard to the assessment and communications between the parties. 4. The parties agreed to entry of an Order in the form as attached with the exception of the provision regarding frequency of the communication with the Children which is the recommendation of the conciliator. The recommendation is intended to preserve the existing pattern and frequency of communications. It should be noted that it was agreed at the conference between the parties that any requirement of frequent (daily) telephone contact would not be interpreted rigidly nor enforced unreasonably. Date Dawn S. Sunday, Esquire ~' Custody Conciliator David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE 4800 LINGLESTOWN ROAD, SUITE 309 HARRISBURG, PENNSYLVANIA 1 71 1 2-9507 HOWARD W. BIEDERMAN, Plaintiff v. ELLEN H. BIEDERMAN, Defendant Telephone (717) 541-1805 dft@TamaniniLaw.com Attorney for Plaintiff, Howard W. Biederman IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2056 CIVIL ACTION - IN CUSTODY PETITION FOR SPECIAL RELIEF PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER The Petition of Howard W. Biederman respectfully represents: 1. On December 30, 2004, this Honorable Court issued a modification to its original Order dated July 13, 2004 (see attached Orders marked "Exhibit A" and "Exhibit B"), relating to minor children Samuel Biederman, age 10, and Joseph Biederman, age 14. 2. The Orders specified shared legal custody with consultation on "all major non-emergency decisions affecting the children's health, general well-being including, but not limited to, all decisions of their health, education and religion." 3. The July 13, 2004 provided for one-half of the summer with Father. 4. On September 30, 2004, Father filed a Motion for a Contempt finding because among other items, Mother refused to share decisions relating to education. 5. Following the Conciliation of the Contempt Motion, the parties agreed to a resolution of the issues raised and to an expansion of summer visitation with Father. 1 t 6. Relying on the Order of December 30, 2004, upon Father's inquiry on April 11, 2006 of when he wanted the children for twenty-eight (28) days. On April 22, 2006, Mother hand delivered a schedule that effectively ruled out four full weeks as envisioned by the Order of December 30, 2004 (see attached "Exhibit C"). 7. Although this Honorable Court had directed that the parties share legal custody, with an equal right to participate in decisions with respect to education, the Mother had willfully failed to abide by the Orders by refusing to discuss any of her proposed summer activities for the children with Father or cooperating in determining summer activities before creating the list. 8. Father requested a revised list which accommodated visitation form July 1, through July 29, 2006. 9. On April 28, 2006, the Mother refused to communicate with the Father in person, via telephone, but rather. faxed a new schedule which continues to impede the boys' requested time with their Father (see "Exhibit D") 10. On information and belief, the Mother failed to consult not only the Father, but the children too, who both desire to be with Father from July 1St through the 29th. 11. Upon information and belief, the Mother continues a pattern of non- cooperation that engendered the first Contempt Motion and the instant Petition for Contempt. 12. On May 22, 2006, Mother faxed a third schedule which still makes it impossible for Father to schedule his time for the boys to be with him in July (see "Exhibit E" )~ 2 13. Since time is now of the essence because of delays caused by the Mother, Father requests a special relief in an expedited hearing to arrange enforcement of his and the children's interests under the Order of November 30, 2004, before a judge. 14. Since this is the second contempt action caused by the Mother's continual behavior, sanctions including attorney fee are requested. 15. Father requests that the children be present for the hearing and available for testimony. WHEREFORE, The Plaintiff requests that this Honorable Court enter an Order of Contempt, and direct the Mother to consult with Father as required in its Order and to make the children available from July 1, to July 29, 2006. Upon failure to consult and agree as required, Father requests sole legal custody of the children with primary physical custody remaining with Mother. Respectfully, TAMANINI LAW OFFICE Dated: ~' ~- 3 _ G r; David F. Tamanini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Plaintiff, Howard W. Biederman 3 VERIFICATION I verify that the statements made in the foregoing Motion are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: u. ~.. ~-o-r~ l,J. ~1~--~----~. OWARD W. BIEDERMAN HOWARD W. BIEDERMAN, Plaintiff v. ELLEN H. BIEDERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2056 CIVIL ACTION - IN CUSTODY CERTIFICATE OF SERVICE I, David F. Tamanini, Esquire, attorney for the Plaintiff, hereby certify that I, on this day served a copy of the foregoing document on the following person at the address below by first class mail, postage prepaid: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Respectfully, TAMANINI LAW OFFICE Dated: J ~ ~" 3 -~ ~1 David F. Tamanini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 EXHIBIT A JUt 0 8 2004 ~ ~ •~~ t HOWARD W. BIEDERMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-2056. CIVIL ACTION LAW ELLEN H. BIEDERMAN . Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ ~~ - day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Howard W. Biederman, and the Mother, Ellen H. Biederman, shall have shared legal custody of David V. Biederman, born March 14, 1987, Joseph H. Biederman, born October 14, 1991, and Samuel W. Biederman, born January 7, 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. Each party shall notify the other of any medical testing or treatment whch any of the Children receives during his or her periods of custody, including the names of any medical personnel or counselors/therapists providing care for a Cltild. Both parties shall sign any forms or waivers requested by the other party in order to obtain medical information pertaining to a Child or Children. 2. The parties shall make arrangements for an assessment, to be performed by Arnold Shienvold, Ph.D. or other professional selected by agreement of the parties, concerning the Children's neCUS anu interesis with regard to Their ongoing. education. The purpose of the assessment shall be to obtain independent professional recommendations to assist the parties in determining whether the Children or each Child individually will continue with home schooling or enroll in public school. The parties shall sign any authorizations deemed necessary by Dr. ShienvoId to obtain additional information or records pertaining to the Children or the school issue generally. The Father shall pay all costs of the assessment up to a total of $2,000,00. Any costs exceeding S2,000.00 shall be paid by the Father through marital assets, which shall not be considered as a diminution of marital funds or assets by the Father in any future equitable distribution. 3. The Mother shall have primary physical custody of the Children.. f ~~ ~ 4. The Father shall have partial physical custody of the Children on alternating weekends sus follows: A. Beginning on September 11, 2004 and continuing on every other alternating weekend, the Father shall have custody of the Children from Saturday at 9:00 a.m. through Sunday at 6:00 p.m., for which the Father shall drive to Ohio and provide all transportation. B. Beginning on September 24, 2004 and continuing on every other altemating weekend thereafter, the Father shall have custody of the Children from Friday at 6:00 p.m. through Sunday at 12:00 noon in Pennsylvania, for which the Mother shall provide all transportation. The Mother shall pick up the Children at church at the end of the Father's periods of custody on Sundays at 12:00 noon. 5. During the summer break each year, the Father shall have custody of the Children for four weeks, with the specific dates to be arranged by agreement of the parties. in consideration of the Children's summer camp schedules. In 2004, the Father shall have custody of the Children for his first week from July 17 at 1:00 p.m. through July 24 at 6:00 p.m. suhiecr ro the parties' agreement as to the selection of a caregiver for the Children while the Father is working. The Father's second and third weeks of custody under this provision shall run from August 1, 2004 at 1:00 p.rn. through August 15, 2004 at 1:00 p.m. The Father's fourth week of custody shall run from August 22, 2004, when the Mother shall bring the Children to family camp at church through August 28, when the Mother shall pick up the Children from family church camp. The parties agree that the Father shall confirm the Children's enrollment in family church camp and, in the event enrollment is closed, the Father agrees to take the Children to day sessions of the camp. Unless otherwise specified in this provision, the Father shall provide transportation for exchanges of custody. The parties agree that the Mother may attend bible camp with the Children during the first week in August. 6,~The parties shall share or alternate having custody of the Children on holidays as follows: A. Thanksgiving: The Thanksgiving period of custody shall run from the Wednesday before Thanksgiving at 6:00 p.m. through the Sunday following Thanksgiving at 6:00 p.m. The Father shall have custody of the Children over Thanksgiving in even numbered years and the Mother shaii have custody in odd numbered years, unless otherwise agreed between the parties. B. Christmas: The Christmas holiday period shall run-from December 23 at 6:00 p.m. through December 26 at 6:00 p.m. The Mother shall have custody of the Children over Christmas in even numbered years and the Father shall have custody in the odd numbered years. In the event the Father is visiting Ohio over Christmas in even numbered years, the Father shall be entitled to have contact with the Children to exchange gifts as arranged by agreement between the parties. The Mother shall have the same opportunity in odd numbered years. C. Easter: The Easter holiday period of custody shall run from Friday at 6:00 p.m. through Sunday at 12:00 noon. The Father shall have custody of the Children over Easter in odd numbered years and the Mother shall have custody in even numbered years. In the event the Mother is visiting in Pennsylvania over the Easter period of custody in odd numbered years, the Mother shall be entitled to have contact v~~ith the Children as arranged by agreement between the parties. The Father shall have the same opportunity in even numbered yeazs. D. In the event a party misses a reguiaz weekend period of custody due to the holiday schedule, the party missing the weekend shall have custody of the Children during the immediately following weekend and the regulaz alternating schedule shall resume thereafter. The parties acknowledge that this adjustment to the schedule will result in each party having two consecutive weekend periods of custody before resumption of the alternating schedule. E. For ail periods of custody under this provision, the parent relinquishing custody of the Children shall be responsible to provide the transportation. 7. The partial custody schedule set forth in this Order shall apply to the parties' two younger Children, Joseph and Samuel. The parties agree that their oldest Child, David, shall be strongly encouraged to participate fully in the partial custody azr~ngement as welt. 8. The Father shall make all of the Children's home school portfolios and records available to the Mother prior to the assessment required by this Order as arranged by agreement between the parties. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 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 OUR ~~~ J. cc: Jeanne B. Costopoulos, Esquire -Counsel for Father Theresa Barrett Male, Esquire - Counsel for Mother to Testlmotty a+lbrtr~, 11~_e t~t~ia Sat ttty l~;sre;~ and ttto seal cat sakf at fie, t~. Thls`1~ a .. ProMattttdmt HOWARD W. BIEDERMAN Plaintiff vs. ELLEN H. BIEDER1ViAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2056 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SPRY REPORT IN ACCORDANCE WITH CUMBERLAII'D COUNTY RULE OF CIVIL PROCEDURE 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 BIRTIi CURRENTLY IN CUSTODY OF David V. Biederman March 14, 1987 Mother Joseph H. Biederman October 14, 199 i Mother Samuel W. Biedemlan January 7, 1996 Mother 2. A conciliation conference was held on June 29, 2004, with the following individuals in attendance: The Father, Howard W. Biederman, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother's counsel, Theresa Barrett Male, Esquire. The Mother, Eilen H. Biederman, currently rZSideS ill Cjljo auu Yai ~1Ci~at~u 111 tl'ie co;jfer2-ic0 by tei2Yiiuije. 3. The parties agreed to entry of an Order in the form as attached. (.[ moo`/ Date Dawn S. Sunday, Esquire Custody Conciliator EXHIBIT B 5, Y GtC 2 7 2004 HOWARD BIEDERMAN Plaintiff vs. ELLEN H. BIEDERMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2056 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT T1 AND NOW, this 3~ day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 13, 2004 shall continue in effect as modified by this Order. 2. Each party shall promptly notify the other parent of any medical or non-medical emergency relating to any Child. 3. In the event either party intends to remove the Children or a Child from his or her residence for an overnight period or longer, that party shall notify the other parent in advance of the address and telephone number where the Children or the Child can be contacted. 4. Both. parties shall be entitled to have partial custody of the Children for attendance at major functions such as weddings or funerals of either party's parents or siblings. 5. Reasonable unlimited contact shall be permitted between both parties and the Children by telephone, e-mail and U.S. mail. For purposes of this provision, reasonable unlimited contact shall mean that the non-custodial parent may have up to one 15-minute telephone call with each Child per day (between 3:00 p.m. and 8:30 p.m. on school days) and up to three a-mails per week. Neither party shall attempt to enforce this provision in an inflexible or unreasonable manner in consideration of the circumstances. The parties shall address the issue of communication with the Children and the concerns which the issue has generated with the family counselor. 6. Neither party shall use the Children as intermediaries _for exchange of information between the parties, including but not limited to transmission of financial and tax information. 7. The Father shall have custody of the Children for one-half of the summer break each year, excluding the first full week after school is dismissed and the last full week before school resumes (pursuant to the public school calendar). The Father's weeks during the summer break shall run from Saturday at 6:00 through the following Saturday at 6:00, with the party relinquishing custody to provide transportation. The Mother shall notify the Father on or before April 10~' of each year of the • ~ ~ ~ Children's summer camp schedule, at which time the Father shall select his periods of custody with 60 days advance notice to the Mother. 8. For the Christmas holiday in 2004, the Father shall have a period of custody with the Children on Christmas Eve from 3:00 p.m. through 6:30 p.m., when the Father shall transport the Children to the maternal grandmother's residence. The Father may have custody of the Children earlier on Christmas Eve upon notifying the Mother in advance of his early arrival in Ohio. 9. The parties shall cooperate in facilitating the Father's communication with the family counselor, Diane Green, as well as the Father's participation in the counseling upon recommendation by the counselor. 10. The Mother shall obtain from the marital residence the Children's home school portfolios and records. The parties agree that the Mother shall obtain the foregoing materials from the marital residence with the Father and a mutual friend present on the day following the conciliation conference. The parties agree that the Children shall temporarily stay at the mutual friend's residence during the process of gathering the information. The information to be obtained by the Mother shall include the home school binders for all Children for every year of school to date and the files of records including affidavits filed with the school district and test scores. 11. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference, with the exception of the provision governing communication between the parties and the Children. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: David F. Tamanini, Esquire -Counsel for Father Theresa Barrett Male, Esquire -Counsel for Mother ~timo~;y w~t~r~o¢, ! ~ ~ ; s~ }~ ~-, ~~~~, hand and 2~ seaE of sai rou~fi ~. a,~~~~E£, ~a. _ • ~~ Edward E. Guido J. • i ~ HOWARD W. BIEDERMAN Plaintiff vs. ELLEN H. BIEDERMAN Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2056 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David V. Biederman March 14, 1987 Mother Joseph H. Biederman October 14, 1991 .Mother Samuel W. Biederman January 7, 1996 Mother 2. A custody conciliation conference was held on December 17, 2004, with the following individuals in attendance: The Father, Howard W. Biederman, with his counsel, David F. Tamanini, Esquire, and the Mother, Ellen H. Biederman, with her counsel, Theresa Barrett Male, Esquire. 3. This Court previously entered an Order in this matter on July 13, 2004 under which the Mother, who resides in Ohio, has primary physical custody of the Children and the Father has custody on alternating weekends either in Ohio or Pennsylvania on a rotating basis. Also under the prior Order, the parties were required to obtain an assessment from Arnold Shienvold, Ph.D. and recommendations as to whether continuing home schooling or enrollment in public school would best meet the needs of the Children. As of the date of the present conference, the assessment had not yet been completed. The Father filed this Petition for Contempt alleging that the Mother violated the July 2004 Order with regard to the assessment and communications between the parties. '. 4. The parties agreed to entry of an Order in the form as attached with the exception of the provision regarding frequency of the communication with the Children which is the recommendation of the conciliator. The recommendation is intended to preserve the existing pattern and frequency of communications. It should be noted that it was agreed at the conference between the parties that any requirement of frequent (daily) telephone contact would not be interpreted rigidly nor enforced unreasonably. ~~~~ ~ Date _ Dawn S. Sunday, Esquire Custody Conciliator • t ~ ~ EXHIBIT C f ( ~ 04/23/2006 07:59 6148850953 RESIDENCE PAGE 01 _.. __S__'~- ~-~ ~!w~°'~-._Sr~.~%tle 2006 - - ..__ __ u.u~ ~~ -~ T f (a v .., ~.~~. . . ~----- Y C, ~ - c~ c.~t ~..dLvu~ .~._~..~.--- _ -_~...._.,._ ----. . .. .___..... . . ~..r... W ..~r.._ .. ,.... -- ~- '21JJ~ ~ "'7'..._..~, O~ C:Q'.jVL. ~~;G~,G"t? 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IQ ~ ~ .- -- . y- ~_ h~ bac~~__~..---........ _.... ----~ :.__.._ .-_._-_ .. ~ __ --- ,_._ --~-- .,. ~... _ ~.. b re w~.e ~.~-.- -~. ~---- :._. _ ...-.p_.. .. .~-_. _ - .....- ., j ...: _.... ~ ~ ~ Y~ ~ ... __~ a _~..._.__._ ~ c! ..____-- .-_~_._ ---~----._.._ w.----... . ~_ _ .~__ .., _.. ~~~ .._._ ~ ,M _. way. -. ~ -~ - . ~--~-o ~u ~ ~ - --- _.___.....- ~~ r~ .~ ~ dht r~ S ...-...: ~- _..~ 1,vi r ~ .~ ~,~s ~ ~.---.... _._ . -._.. , ~._.__..__., ---~~-+~--~--~--- ~ ,~c G~ eel u l ~ aP hu . _.___ {.. ... - ------ `.~,- ~ r~ ~ ,. .- ------~...--__...r. G~ ~ __.-.-------~-T •~---_...._..~.. ~ t fi,G~ ~ ~~~ (~e 5S o n ~ GUv~. d a SOH - ___... _ -~-----.. ..___.~ -~---_..~..r_.~.r.. _~.,.~.._.__ ._ . .._•...• 1_•_wa 60=ae 900Z-£Z-htlW S0'd c a ~ • .. ~~ _ __.. . .._ .~.__._._._..._...........~..--- --- I ..._. ~-~ 3-- ~ ~__.... ~ ~ ~ ~ ~~ ( /~ F ..._ „_. ... b~ ...1~ 1 1 1 ---~-----......... M_~.... .. ,. , _ __..v _.. _...._ .._.....----~-- -~.._._. _..._.._..-- ~... -~_-~-----~' w k y M rv~ ~ ~ 5~ ,» ~ _.._.____..__~...__--~--------._._...._., __.. 1 ~ ba-~ - . s ..~___...,..._. _.._~---w---.---....._.... Z0 "d ...._._..... r-.......-.....,. _.. WH 60: Z0 900Z-£Z-rltlW . a C~ c ~ C:7 ~ ._ _. ~~ ~ ~ p ~ ~~ z ~ ~ - r,~ ~ _ ~ E t-., - _ ~ -- ~ °~ ~ =-~ _ ~ ~ ~ HOWARD W. BIEDERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN~Y, PENNSYLVANIA V. ELLEN H. BIEDERMAN N0.2004 - 2056 CIVIL ERM ORDER OF COURT AND NOW, this 30TH day of MAY, 2006, the contempt i sue is referred to conciliation as required by our local rules. A hearing on the Peti}ion for Special Relief is scheduled for MONDAY. NNE 26, 2006, at 3:00 a.m. E. Guido, J. David F. Tamanini, Esquire 4800 Linglestown Road, Suite 309 Harrisburg, Pa. 17112 Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, Pa. 17101 ~,~ 4~us :sld h.ll,,ir -~ ~1#'J!1~ sa .~ ~~ i - c~~nr 9~oa ., , , ~~I:? fi;°C33"IE:1 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 2333220 tbm(~tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, HOWARD W. BIEDERMAN Plaintiff v. N0. 042056 ELLEN H. BIEDERMAN Defendant CIVIL ACTION - DEFENDANT'S MOTION TO RESCHEDULE H ON PLAINTIFF'S SPECIAL RELIEF PETITI 1. On or about May 24, 2006, Plaintiff Howard W. petition for contempt and special relief. 2. Father has demanded that he have custody of Joseph H. Biederman (dob: 10/14/91) and Samuel W. Biederman 1 through July 29, 2006, even though the December 30, 2004 weeks of custody are contingent on the children's summer camp IA ("Father") filed a parties' minor children, 01/07/96) from July provides that Father 's and the children have summer camp and related activities during parts of July. 3. By order dated May 30, 2006, this Court set June Father's special relief petition.1 4. Defendant Ellen H. Biederman ("Mother") and the from June 24 until July 1, a trip which has been scheduled for a year 5. Father will not be prejudiced by the Court's resched because, inter alia,: a. He has custody of the children for Father's 18. b. Mother has suggested that, when Father Sunday, June 18, he remain in Ohio for time with Joseph and Samuel, including baseball games and practices, swim lessons, c. Mother has proposed that Father have Joseph appears in the July 4 parade 2006 for a hearing on ildren will be in Michigan of the June 26 hearing weekend, i.e., June 16- the children to Ohio3 on days to have additional them to their scheduled from July 5 -after his band, and Samuel participates in his baseball playoffs, -until Judy 22, and then from July 29 until August 5, with Joseph returning to band camp. 1 The date was not discussed with counsel. s Mother planned to bring Joseph back to Ohio a day or two before July 1 with his marching band for their performance in the July 4 parade. s Mother and the children reside in Columbus, Ohio. For father's custody the children to Father in Pennsylvania, and Father returns the children to earlier to attend that he can practice periods, Mother delivers mother in Ohio. 2 d. During Mother's periods of custody4, the boys games and practices, swimming lessons, camp, and band camp. e. As evidenced by Exhibits C, D, and E, Mother has revised the summer schedules accommodate the children's camp schedu periods. 6. Prior to filing this motion, Mother's counsel asked concur in rescheduling the June 26 date; Father refused to do so. Wherefore, Defendant respectfully requests that the Court set for June 26, 2006. Theresa Barrett M Supreme Court # 513 North Seconc Harrisburg, PA 17: (717) 233-3220 Counsel for Defen Date: June 5, 2006 a The December 30, 2004 order gives Father 50% of the summer va< first full week after school ends and the last full week before school parent will have roughly four weeks. be attending baseball practice, Boy Scout to Father's petition, I times in order to and Father's custody counsel if he would le the hearing now Esquire Street 01-1058 from school, excluding the is. For this summer, each 3 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the persons and in the manner indicated below which service R.C.P. 440: Service by first lass mail addressed as follows: David F. Tamanini, Esquire 4800 Linglestown Road Suite 300 Harrisburg, PA 17112-6206 Attorney for Plaintiff Theresa Barrett ~ Supreme Court # 513 North Secon Harrisburg, Penn; (717) 233-3220 Counsel for Defe; document upon the the requirements of Pa. le, Esquire Street Ivania 17101-1058 Date: June 6, 2006 `n ~ ~ ~- ~ .~ ~ - i -n n' ~ '-~ .r,' Q J G~ 7" ?i> C .,: ~ .!t '+ `" `~"~ =9 Gn -~ .< u'~ David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE 4800 LINGLESTOWN ROAD, SUITE 309 HARRISBURG, PENNSYLVANIA 17112-9507 HOWARD W. BIEDERMAN, Plaintiff v. ELLEN H. BIEDERMAN, Defendant Telephone (717) 541-1805 dft@TamaniniLaw.com Attorney for Plaintiff, Howard W. Biederman IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2056 CIVIL ACTION - IN CUSTODY MOTION TO COMPEL ATTENDANCE OF CHILDREN ON THE DATE OF HEARING TO BE AVAILABLE TO TESTIFY 1. The children are in the custody of Mother. 2. The Father requests the presence of the children, ages 14 and 10, for possible testimony to support his contention of their desire to be with him from July 1 through July 29, 2006, rather than attend the activities unilaterally scheduled by Mother. 3. Counsel for Defendant was advised of Plaintiffs intention to so motion this Court, and she did not concur. WHEREFORE, Plaintiff respectfully requests that this Honorable Court Order the Mother to bring the children with her to the hearing. Respectfully, Dated: ~ ~- oD TAMANINI lAW OFFICE David F. Tam nini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 < w VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: G - ~ ~ d ~O WARD W. IEDERMAN HOWARD W. BIEDERMAN, Plaintiff v. ELLEN H. BIEDERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2056 CIVIL ACTION - IN CUSTODY CERTIFICATE OF SERVICE I, David F. Tamanini, Esquire, attorney for the Plaintiff, hereby certify that I, on this day served a copy. of the foregoing document on the following person at the address below by Fax, and first class mail, postage prepaid: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Respectfully, TAMANINI LAW OFFICE Dated: C~ ^ ~ ~ ~ 'David F. Tamanini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 r.,.] ~_ ~ ~ "fl r ~.2 - ~ -P L l-. ~_i h.7 ' , ( ~S'7 - t-: ~; ;_ "C 's ~l _> N J ~-G ~ J ~ 1. Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm~tbmesquire.com Counsel for Defendant J JUN 0 6 2D0~ ~, LiY:___ y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOWARD W. BIEDERMAN Plaintiff v. ELLEN H. BIEDERMAN Defendant NO. 042056 CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, upon consideration of Defendant's Motion to Reschedule Hearing on Plaintiff's Special Relief Petition, the Court GRANTS the motion. The hearjng~ he Petition is scheduled for - ~ , 2006 a~ w~~r~~~ y -~- ~,.m. ,avid F. Tamanini, Esq., 4800 Linglestown Rd., Ste. 300, Harrisburg, PA 17112-6206 /There arrett Male, Esq., 513 North Second St., Harrisburg, PA 17101-1058 S.. ~O~ 0 ~~ Edward E. Guido, J. ..~, ,- `f~l=_; ,L ' ~~ ~ ~~ !;r~i~"1~ Jam., ~,4,-!1!1~!!~ HOWARD W. BIEDERMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 04-2056 CIVIL ACTION LAW ELLEN H. BIEDERMAN DEFF,NDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Juoe 06, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, June 27, 2006 at 9:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: ls/ Dawn S. Sunda 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. 1F 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 ~` ~ ~ Zh :~ ~~t~ ~- ~dflt' 90DZ ~o. ~. ~ %-~ -~ ~~ ~ - ~ n~'c~~G~ JC;'-'~ I C`c a 3Hi ~fl 3ui i.:~rr-;].7113 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm(~tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOWARD W. BIEDERMAN Plaintiff v. N0. 04-2056 ELLEN H. BIEDERMAN Defendant CIVIL ACTION -CUSTODY DEFENDANT'S ANSWER WITH COUNTERCLAIM TO PLAINTIFF'S SPECIAL RELIEF AND CONTEMPT PETITION 1. Defendant Ellen H. Biederman ("Mother") admits that the December 30, 2004 consent order modified in part the Court's prior consent order dated July 13, 2004. 2. The orders speak for themselves. By way of further answer, Mother and Joseph (dob: 10/14/91), who is 14 years old and Samuel (dob: 01/07/96), who is 10 years old, reside in Ohio. 3. Denied. Mother denies that the July 13, 2004 order "provided for one-half of the summer with Father." On the contrary, the order expressly provides: During the summer break each year, the Father shall have custody of the Children for four weeks, with the specific dates to be arranged by agreement of the parties in consideration of the Children's summer camp schedules. Order dated July 13, 2004 at ~ 5. By way of further answer, both children participated in extracurricular activities during the school year and, prior to Father's campaign to influence them, both boys were looking forward to their camps and other summer activities. 4. Admitted in part; denied in part. Mother admits that Father filed a contempt petition. Mother denies any implication that she was in contempt of the July 13, 2004 order. 5. Admitted in part; denied in part. Mother admits that the pansies appeared for a custody conciliation on Father's contempt petition and agreed to modify in part the July 13, 2004 order. Mother denies any implication that she was in contempt of the July 13, 2004 order. 6. Mother denies the first allegation of this paragraph, which is not a complete sentence. Mother admits that she telephoned Father on April 11, rather than late on April 10, 2006, to inform Father that Mother had just received schedule information regarding the boys' summer camp schedule, and that she would provide father with their summer camp/activity schedule within the next few days. Mother further denies that the schedule she provided Father violates the December 30, 2004 order, and demands proof of this allegation. By way of additional answer, the order provides in relevant part: The Father shall have custody of the Children for one-half of the summer break each year, excluding the first full week after school is dismissed and the last full week before 2 school resumes (pursuant to the public school calendar). The Father's weeks during the summer break shall run from Saturday at 6:00 through the following Saturday at 6:00, with the party relinquishing custody to provide transportation. The Mother shall notify the Father on or before April 10th of each year of the Children's summer camp schedule, at which time the Father shall select his periods of custody with 60 days advance notice to the Mother. Order dated December 30, 2004 at ~ 7. 7. Denied. Mother denies that she "refused" to discuss activities for the children, and demands proof of this allegation. By way of further answer, the July 13, 2004 order and the December 30, 2004 orders both provide that Mother is to notify Father regarding the children's summer camp schedules. Their activities for summer 2006 included Boy Scouts camps, Band camp, and multiple marching band practices, Baseball league, a cabin at Houghton Lake, Michigan and Family Bible Camp. 8. Admitted in part; denied in part. Mother admits that Father has demanded custody from July 1 through July 29, 2006. Mother denies the implication that Father is entitled to four (4) consecutive weeks, without regard to the children's summer schedules. 9. Admitted in part; denied in part. Mother admits that, on April 28, 2006, she did not speak with Father on the phone or in person. Mother admits that she faxed Father a revised schedule. Mother denies that she did not speak with Father prior to that date. Mother also denies that the schedule she faxed on April 28 "continues to impede the boys' requested time with their Father." Mother therefore demands proof of these allegations. By way of further answer, Mother has communicated with Father by phone, but without resolution because Father will not accept any schedule other than his. As evidenced by the exhibits attached to Father's petition, Mother has compromised and modified the schedules. She also 3 has changed her plans and her time with the boys in order to accommodate changes in their schedules which were not confirmed when Mother faxed the first two summer camp/activity schedules to Father. 10. Denied. Mother denies that she did not consult the children regarding their summer activities, and demands proof of this allegation. 11. Denied. Mother denies that she continues a pattern of non-cooperation, and demands proof of this allegation. 12. Admitted in part; denied in part. Mother admits that she faxed Father a third schedule on May 22, 2006. Mother denies that this schedule "makes it impossible for Father to schedule his time" with his sons. Mother therefore demands proof of this allegation. By way of further answer, Father will not accept any schedule other than the one he proposed after the children's summer camp and activities were set. 13. This paragraph states a conclusion to which no responsive pleading is required. By way of answer, however, the order is dated December 30, 2004. 14. This paragraph states a conclusion to which no responsive pleading is required. By way of answer, Mother denies that her behavior was, or is, contemptuous. 15. This paragraph states a conclusion to which no responsive pleading is required. By way of answer, Mother believes and therefore avers that Father has been exerting tremendous pressure on Joseph and Samuel. Therefore, Mother objects to the children's participation in and attendance at any hearing on this special relief and contempt petition. 4 Counterclaim 16. Mother incorporates by reference the averments in the preceding paragraphs. 17. As required by the December 30, 2004 order, Mother notified Father of the children's summer camp schedule. 18. The December 30, 2004 order does not require that Father have four consecutive weeks of custody. 19. Father has demanded four weeks of consecutive custody, notwithstanding the children's summer camp schedules. 20. As evidenced by Exhibits C, D and E, attached to Father's petition, Mother has modified the summer schedule at least three times in order to accommodate Father. 21. As evidenced by Exhibit E, attached to Father's petition, Mother last proposed that Father have custody of Joseph and Samuel from July 5 through July 22, and July 29 through August 5, with additional time on June 19, 20 and part of June 21. This would accommodate the children's camp and other activities. Moreover, Mother has sacrificed her periods of custody in order to accommodate the boys' activities. 22. Mother has incurred, and will continue to incur, unnecessary legal fees and out- of-pocket expenses related to Father's myopic insistence that he have custody for four consecutive weeks, which is not contemplated by the December 30, 2004 order. 5 Wherefore, Defendant respectfully requests that the Court award her legal fees and out-of-pocket expenses incurred in defense of Plaintiff's special relief and contempt petition. is/'"'W"~- ~~~rGS/tiG~it.%~~ lam, Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant Date: June 7, 2006 6 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service byfirst~lass mail addressed as follows: David F. Tamanini, Esquire 4800 Linglestown Road Suite 300 Harrisburg, PA 17112-6206 Attorney for Plaintiff heresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Counsel for Defendant Date: June 8, 2006 C7 r_' -_ C~ s.. ~; _~ :._ 1 _ r ca .~ -~ 1 J; rM ~D W GJ •ti HOWARD W. BIEDERMAN, Plaintiff v. ELLEN H. BIEDERMAN, Defendant IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA 04-2056 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 14th day of June, 2006, after consultation with the parties, Father's summer vacation with the children shall be from Saturday, July 1st, 2006, at 6:00 p.m. until Saturday, July 22nd, 2006, at 6:00 p.m., and from Saturday June 17, 2006, at 6:00 p.m. until Sunday, June 24, 2006, at 6:00 p.m. Edward E. Guido, J. ~vid F. Tamanini, Esquire For the Plaintiff drea Duffy, Esquire For the Defendant srs G~ ~ ` 0~0 o~~ .~,~ ;,,; ~c ~~Q1~ F w ~~. ~i4 '.'~~ ^ ~~~ i(; ?~ o- tls rat. , HOWARD W. BIEDERMAN, Plaintiff v. ELLEN H. BIEDERMAN, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 14th day of June, 2006, Mother's counter-claim for counsel fees is DENIED. Edward E. Guido, J. ~id F. Tamanini, Esquire For the Plaintiff ~rea Duffy, Esquire For the Defendant srs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2056 CIVIL TERM V/ \/ {\:7 ..~_ ~`F(,v.~ n ` `~,y ~, ~ ~l ('.y ,~u .7 ~~ r;~ya ,; ;~ David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE 4800 LINGLESTOWN ROAD, SUITE 30S HARRISBURG, PENNSYLVANIA 17112-9507 HOWARD W. BIEDERMAN, Plaintiff v. ELLEN H. BIEDERMAN, Defendant Telephone (717) 541-1805 dft@TamaniniLaw.com Attorney for Plaintiff, Howard W. Biederman IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2056 CIVIL ACTION - IN CUSTODY PRAECIPE TO WITHDRAW PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Please withdraw the Petition for Civil Contempt for Disobedience of Custody Order. Respectfully, / q TAMANINI LAW OFFICE Dated: 6 ~ ! b David F. Tamanini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717)541-1805 Attorney for Howard W. Biederman r ~ HOWARD W. BIEDERMAN, Plaintiff v. ELLEN H. BIEDERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2056 CIVIL ACTION - IN CUSTODY CERTIFICATE OF SERVICE I, David F. Tamanini, Esquire, attorney for the Defendant, hereby certify that I, on this day served a copy of the foregoing document on the following person at the address below by first class mail, postage prepaid: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 Respectfully, TAMANINI LAW OFFICE Dated: b ~ n b G ~- ~ . . David F. Tamanini; Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717)541-1805 Attorney for Howard W. Biederman nJ j (~~ ~~.) ~^tl ^, T, r._ ~ ;: r ,) i .-., , -. . --~ i '"l r ', ~~:,~ 4~ t 9° HOWARD BIEDERMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-2056 CNIL ACTION LAW ELLEN BIEDERMAN Defendant IN CUSTODY ORDER AND NOW, this 19th day of June ,the conciliator, being advised by plaintiff's counsel that the Petition for Contempt is being withdrawn, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for June 27, 2006, is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator .-, ,~, = . ~__ ~-, ;__, ;,,,-_ ~~ - - -: ;; _,,~. ~.~ ,, . -~ • HOWARD W. BIEDERMAN, Plaintiff v. . • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2056 CIVIL TERM ELLEN H. BIEDERMAN, Defendant CIVIL ACTION - CUSTODY TRANSCRIPT OF PROCEEDINGS IN RE: PETITION FOR SPECIAL RELIEF Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania on Wednesday, June 14, 2006, in Courtroom No. 3 APPEARANCES: DAVID F. TAMANINI, Esquire For the Plaintiff ANDREA DUFFY, Esquire For the Defendant 1 ~ • INDEX TO WITNESS WITNESS: Ellen H. Biederman By the Court By Mr. Tamanini EXAMINATION 12 13 • 1 THE COURT: Good morning. This is a petition 2 brought by father. I referred the contempt to conciliation 3 as required by our rules. We're talking about summer 4 visitation, is that correct? 5 MR. TAMANINI: That's correct, Your Honor. 6 THE COURT: I have only allowed a half hour 7 for the hearing, so we're going to get right to the rub of 8 things. Did mom provide the summer camp schedule by April 9 10th? 10 MS. DUFFY: Actually, because she works late 11 and received a schedule change on the evening of April 10th, 12 she called the next morning. 13 THE COURT: All right. 14 MS. DUFFY: I doubt that that's something 15 they're going to press. It was a matter of hours. 16 MR. TAMANINI: Judge, any way you want to run 17 this -- 18 THE COURT: I'm running it the way I want to 19 run it. Tell me what you've got. 20 MR. TAMANINI: I have very short and pointed 21 questions with -- 22 THE COURT: Don't need questions. Just tell 23 me what he's going to say. Give me your closing argument. 24 Tell me what your position is, and you tell me what your 25 position is. 3 1 MR. TAMANINI: Okay, I will. 2 THE COURT: And you're going to do it in 3 three minutes or less. Get right to it. 4 MR. TAMANINI: The mother provided the summer 5 schedule in writing on April 22nd. We're not making a big 6 issue that she provided it late. She got it to him by the 7 22nd. 8 THE COURT: All right. 9 MR. TAMANINI: That schedule was sent out -- 10 and we have a graph to aid you in understanding by looking 11 at three different colored schedules she sent. 12 The first schedule she sent was a split week 13 in June. The order says for half of the summer. The order 14 says full weeks go from Saturday to Saturday. The previous 15 order, the first order -- which they come together -- that 16 came under your signature, Judge, said, of course, joint 17 legal decision making with regard to the health and 18 religion. This is a key component here. The first -- 19 THE COURT: Well, I'm not going to get into 20 religion today. I'm getting to the summer schedule. That's 21 all I'm dealing with today. 22 MR. TAMANINI: Not religious education. A 23 religion camp. The order said that mother sends the 24 children's schedules to the father so that the father can 25 then respond with his weeks. I'm saying, first premise, 4 s • 1 joint decision making wasn't done. Second, that the father 2 has a right to four weeks. He actually has, this year, four 3 and a half weeks, but he's asking for four. 4 The first schedule gave him a week where he 5 was free to have the children. The mother listed all of the 6 activities, which are not summer camp, but all of the 7 activities that she came up with that would prohibit him 8 from having the children. 9 Into July she gave him a week, a week off, a 10 week, a week off, half a week, and then split the boys up 11 for the rest of the next week. This is a six-hour trip, a 12 375-mile trip from Ohio to Pennsylvania. This was 13 unacceptable to the father. 14 THE COURT: Good enough. The order is clear. 15 He's entitled the four full weeks from Saturday at 6:00 16 through Saturday at 6:00. 17 MR. TAMANINI: Yes, Judge. 18 THE COURT: And you're telling me he doesn't 19 have those? 20 MR. TAMANINI: When he got this that only 21 allowed him this amount of time, he expressed his 22 dissatisfaction with it. He spoke with his son, his oldest 23 son, 14 years old, who was very unhappy with it. 24 MS. DUFFY: Objection. 25 MR. TAMANINI: There is a 10-year-old son who 5 s • 1 also was -- 2 THE COURT: I'm not going to decide that 3 today. I scheduled this hearing in order to determine 4 whether or not he's getting his four weeks of summer 5 visitation. Do you have four weeks of summer visitation to 6 give him from Saturday through Sunday? 7 MS. DUFFY: There are four weeks, Your Honor. 8 It's very clear, the language in that order. 9 THE COURT: I can read the language in the 10 order. I'm asking you -- there's only two priorities. If 11 they're in camp -- 12 MS. DUFFY: That's why they agreed to that 13 order, because the priority was first get the summer 14 schedule for the kids, then dad takes what he wants after 15 that, and mom is third on the list of priorities. That 16 order is clear. There is no -- he wants consecutive four 17 weeks. There is nothing in the order that says that. 18 THE COURT: I agree with that. 19 MS. DUFFY: Well, that's what he's asking 20 for, Your Honor. 21 MR. TAMANINI: Judge, I want to wrap it up 22 for you and give you the complete schedule, complete 23 proposal that we have. Last year he had them for four 24 consecutive weeks. It was okay last year because he had 25 them from July the 2nd to the 30th. This year he wants July 6 • • 1 1st to the 29th. 2 Now, after that first schedule that blocked 3 out all of these times when he couldn't really be with the 4 kids for even a full week each time and to split the boys 5 up -- 6 THE COURT: Let me make myself clear. He is 7 entitled to four weeks. Here is the order. Summer camp, 8 dad's choice, mom's choice. It doesn't take rocket science. 9 It doesn't have to be four consecutive weeks. 10 MR. TANIANINI: Now I want to explain the 11 summer camp issue. The only camp that affects this man from 12 having his kids the same -- and the kids want to be with him 13 the same as last year -- is family camp from July 23rd to 14 the -- it's the third week of July. Your Honor, Mr. 15 Biederman will testify that family camp is a Bible camp and 16 it's for parents and children together. 1~ THE COURT: Is it a summer camp? 18 MR. TAMANINI: It's a Bible camp. 19 THE COURT: Is it a camp in the summer? 20 MR. TANI~ININI: Yes, it is. 21 THE COURT: Did they pay for it? 22 MR. TAMANINI: I have no idea. 23 MS. DUFFY: It's the third year they're 24 going. 25 MR. TAMANINI: Your Honor, we don't object to 7 • 1 the Bible camp. The point is he's excluded from decision 2 making. This Bible camp is relating to their religious 3 upbringing. He understands that and doesn't object to it. 4 It's a vacation for the mother and the boys together under 5 the rubric of summer camp, and that is not within the 6 contemplation of most folks when they say summer camp for 7 kids. g Now, if he is excluded from picking the 9 summer camp, when it goes, and she gets to set up small 10 blocks of time when he can have the boys consecutively, then 11 we're saying this is not consistent with what an order 12 between a mother and a father, where both of them want to be 13 involved -- he talks to those boys every week. 14 THE COURT: So, this whole issue boils down 15 to the July 23rd to July 29th summer camp, is that fair? 16 MS. DUFFY: I wouldn't say that, Your Honor. 17 There are many other things that he will miss if the only 18 proposal that he's ever put out there is July 1st to July 19 29th. He will accept nothing less. And if he does get 20 that, the boys not only miss the family camp that they've 21 gone to for three years, but also they miss out on 22 performances, they miss playoff games, they miss a band 23 picnic. Mom has made concessions already. 24 THE COURT: That's a darned shame that the 25 boys have to miss that, but that's not what my order says. 8 1 My order says, summer camp, dad's choice, mom's choice. 2 That order is clear. That's what I'm prepared to deal with 3 today. 4 MS. DUFFY: They have always agreed about the 5 boys -- and this is the first year, I believe, that he is 6 going to be playing for high school. That's a significant 7 thing. Dad at least seems to be supporting that pursuit of 8 being in the marching band. However, you can't -- you know 9 how schools run. They don't really end at the end of the 10 year. If you want to be in the marching band, you have 11 commitments that you have to make. I guess he's saying he 12 doesn't support that anymore, and they're going to have to 13 miss both performances and band activities, as well. 14 THE COURT: You're really both insisting on 15 making this more complicated than it really is. My order 16 says, summer camp, and then dad gets to pick four weeks. 17 Then whatever is left, the boys get. If dad wants to take 18 his four weeks and deprive the children of that, that's his 19 call right now. 20 MS. DUFFY: We've just always interpreted 21 summer camps also include, quote, unquote, camps for band, 22 camps for other things that come under the term camp, but, 23 you know -- 24 THE COURT: How is a marching performance a 25 camp? Do they go and stay overnight? 9 ~ r 1 MS. DUFFY: Oh, no, no. They have day long 2 practices, and that's considered summer activities. 3 THE COURT: How many days? 4 MS. DUFFY: There are various days that the 5 camp is underway. That never has been an issue as far as 6 having it to be precisely called a camp. Certainly, they 7 will miss out on that, and there may be ramifications for 8 him being in the band if he misses these things. 9 THE COURT: Well, frankly, the order doesn't 10 say summer activities. It says summer camp. If you want me 11 to determine whether or not band practice is a camp, I'll 12 hear testimony on that. 13 MS. DUFFY: Well, we definitely can tell you 14 that the band camp is August 7th to 12th, and the family 15 camp is July 23rd to 29th. That doesn't mean that there 16 won't be ramifications -- 1~ THE COURT: Then under my order, they 18 control.. 19 MS. DUFFY: -- if he misses those other 20 performances and, you know, practices. 21 THE COURT: If the special relief petition 22 was for a clarification of my order, I'm clarifying it. 23 MR. TAMANINI: It is not a camp. 24 THE COURT: What is not a camp? 25 MR. TAMANINI: The band camp. 10 • 1 THE COURT: She just agreed with that, so why 2 are you beating that horse? 3 MR. TAMANINI: I'm not beating it. I'm 4 giving my side of it, because I didn't have a chance to 5 respond to it. 6 THE COURT: You won. You won. She just said 7 it's not a camp. g MS. DUFFY: Band camp is August 7th to 12th. 9 That's the camp. 10 MR. TAMANINI: And that was okay with us. 11 THE COURT: If it's not in dispute, why are 12 you bringing it in front of me? 13 MR. TAMANINI: Because she wouldn't give us 14 the month with the boys like they had last year. The boys 15 want to be with their dad for a month. 16 THE COURT: I'm not going to decide that. If 17 she doesn't want to give that, that's between mom and dad. 18 MR. TAMANINI: My second point -- excuse me. 19 I cut you off. I beg your pardon. 20 THE COURT: Go ahead. 21 MR. TAMANINI: Our second point is that that 22 camp is vacation for mother and boys, and to say that it's a 23 religious camp -- this man reads the Bible daily. V~hen he 24 has his children, he has a Bible lesson at least once on a 25 weekend every weekend he has them. Last year during the 11 • • 1 summer, almost every day he had a Bible study with his boys 2 for at least one hour. This is not an issue of this is an 3 important religious occasion. It's a vacation. The mother 4 goes with the children. That's not a boys' summer camp. 5 THE COURT: I'll take testimony on that then. MS. DUFFY: Certainly, we can do it, but it 7 is a camp. It is held at a campsite. They stay overnight. 8 They've done it three years now. 9 THE COURT: He's saying it's not a camp. 10 I'll take testimony on whether or not it's a camp. Mom, 11 come on up here. 12 MR. TAMANINI: The father, Your Honor? 13 THE COURT: Mom. 14 MR. TAMANINI: I didn't hear you. 15 ELLEN H. BIEDERMAN 16 having been duly sworn, testified as follows: 17 EXAMINATION 18 BY THE COURT: 19 Q Mom, please describe the activities you have 20 scheduled from July 23rd to the 29th? 21 A It's a family Bible camp. It's at a campsite 22 at the Finger Lakes in New York. There are Bible teachings 23 throughout the day. There are activities for the children, 24 crafts, swimming, boating. You know, the kids stay in 25 cabins. All of the participants stay in cabins. 12 • 1 Q V~Tho all goes to that? 2 A Myself and the boys. There are lots of 3 people, lots of families. 4 Q But, I mean, from your family, who is going? 5 A My family, myself and Joseph and Samuel, the 6 two boys in question. 7 Q Who stays where? g A At the camp? 9 Q Yes. 10 A I am at a cabin with women, and the boys are 11 in a cabin wi th boys. 12 Q Anything else? Did you pay for this? 13 A Yes, it's paid for, and this is the third 14 year that we' ve done that. I don't know if this relates or 15 not, but previous to our separation, we have done family 16 camps before, and, you know, that has always been considered 17 a camp. 18 THE COURT: Okay. 19 MS. DUFFY: Since you're limiting it to that, 20 I have nothing else. 21 THE COURT: Mr. Tamanini. 22 MR. TAMANINI: Yes. Thank you, Your Honor. 23 EXAMINATION 24 BY MR. TAMANINI: 25 Q When was this camp paid for, Mrs. Biederman? 13 • 1 MS. DUFFY: Relevance to that. 2 THE COURT: Overruled. Well, actually, when 3 was the application for thi s camp made? 4 THE WITNESS: January or February. I mean, I 5 have known about it for a y ear. The thing that -- THE COURT: When did you make the 7 application? [n~hen did you confirm the dates? g THE WITNESS: I'm sure January or February. 9 THE COURT: What dates could you have chosen 10 from? 11 THE WITNESS: This is the only possible time 12 for this camp. 13 THE COURT: Okay. Got it. Go ahead. 14 THE WITNESS: It's at a camp location. They 15 have different groups come in at different times. This is 16 the week that is available for this particular family camp. 17 BY MR. TAMANINI: 18 Q Different groups that come in, Mrs. 19 Biederman? 20 A Yes, to the campsite. 21 Q TnThat do you mean different groups? 22 A They rent the facility out to different 23 people at different times. 24 Q Different Bible camps? 25 MS. DUFFY: Objection to the relevance. 14 • 1 THE COURT: Overruled. 2 BY MR. TAMANIN I: 3 Q Different Bible camps? 4 A I don't know. 5 Q Therefore, you're saying that there are other 6 Bible camps if you don't know? Is it possible there are? 7 A This is the camp that is available to me and 8 the boys. 9 Q Why is this camp the only one available to 10 you and the boys? 11 A This is the camp that is available to us at 12 that location. 13 Q You just restated the question I asked you to 14 clarify. inThy is this the only camp available to you and the 15 boys? 16 A Your Honor, I'm not -- do I get to talk to 17 you? 18 THE COURT: Talk to your counsel. 19 MS. DUFFY: Your Honor, I object. 20 She's testified that -- 21 THE COURT: I overruled the objection. It's 22 not that diffi cult a question. 23 THE WITNESS: This is a camp that has people 24 that the boys and I spend time with during the year. 25 This is the -- 15 • 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 THE COURT: Is it a group that you're involved in that rents this for this -- THE WITNESS: Exactly. THE COURT: Is it like your church or your religious group that rents it for this week? THE WITNESS: Exactly. THE COURT: And other religious groups rent it for other weeks? THE WITNESS: As far as I know. I know the facilities rent it out at different times during the -- THE COURT: And you've gone with this same group in the past? THE WITNESS: Exactly. THE COURT: I got it. MR. TAMANINI: Did she just say she got the same week in the past? THE COURT: No, the same group. BY MR. TAMANINI: Q This is a group from northern Ohio, is it not? A This is a group that has people in northern Ohio and in central Ohio and in different areas. Q I see. So, it's a matter of the boys just not seeing people that they've known from before, and that's the reason this is the only camp that you and the boys -- 16 • • 1 A This is the camp the boys and I have gone 2 to -- 3 Q I didn't ask you that, ma'am. Would you 4 please respond to my question. 5 THE COURT: I think she did respond. 6 BY MR. TAMANINI: 7 Q Well, then continue to respond. 8 A This is the camp the boys and I have gone to. 9 This is the camp they choose to go to. 10 Q Would it surprise you if the boys -- if 11 Joseph said that he wanted to be with his father instead of 12 go to this camp? 13 MS. DUFFY: Objection, Your Honor. 14 THE COURT: Sustained. 15 MR. TAMANINI: I asked if it would surprise 16 her if he said that. 17 THE COURT: I sustained the objection. 18 MR. TAMANINI: What was the basis for the 19 objection, Your Honor? 20 THE COURT: It's not relevant. I don't care 21 whether Joseph -- 22 MR. TAMANINI: She just made a statement, 23 Your Honor, that the boys want to go to this camp. 24 THE COURT: Next question. I'm here to 25 determine if it's a summer camp, not whether the boys want 17 • • 1 to go. That's what is at issue, is this an appropriate 2 summer camp within the purview of my order. 3 BY MR. TAMANINI: 4 Q Mrs. Biederman, there are Bible studies every 5 day, is that correct? 6 A Correct. 7 Q This is something akin to Sunday school, $ teaching children religious studies? 9 MS. DUFFY: Objection. She's already 10 testified the content -- 11 MR. TAMANINI: V~That is the objection, Your 12 Honor? 13 THE COURT: Overruled. 14 THE WITNESS: Ask me the question again, 15 please. 16 MR. TAMANINI: Would the reporter kindly 17 restate my question. 18 THE COURT: Is this akin to Sunday school, 19 Bible studies every day? 20 THE WITNESS: I never participated in a 21 Sunday school. I mean, I can't -- 22 BY MR. TAMANINI: 23 Q All right. Let's break it down then, please, 24 if you never -- you impliedly don't know what Sunday school 25 is. Is this Bible study every day? 18 1 A Yes, there are Bible studies every day. 2 Q How long is the Bible study every day? 3 A It varies. 4 Q It's up to two or three hours at a time; it's 5 up to several times a day at two or three hours at a time, 6 isn't that correct? 7 A Not necessarily. It varies. g Q Not necessarily. It varies. Sometimes it is 9 and sometimes it's not. Are you saying that you are 10 separated from your boys the whole time you're there? 11 A No. 12 Q So, when are you with your boys? 13 A That varies. 14 Q Sometimes you're with them a lot and 15 sometimes you're not? 16 A I guess I'm not sure what -- 17 THE COURT: On average, how much time a day 18 do you spend with your boys? You sleep separately. 19 THE WITNESS: We sleep separately. We're 20 together for a couple of the meals. 21 THE COURT: But not all of the meals? 22 THE WITNESS: Right. Then in the different 23 Bible teachings, they sit where they choose to sit. 24 Sometimes with me, oftentimes just with friends. 25 BY MR. TAMANINI: 19 • 1 Q So, you are always with them during the Bible 2 teachings? 3 A No. 4 Q Are you mostly with them during the Bible 5 teachings? 6 MS. DUFFY: Objection, Your Honor. I know 7 we're trying to do this with the limited -- g MR. TAMANINI: V~That is the objection, Your 9 Honor? 10 MS. DUFFY: The relevance of the religious 11 nature is seriously in question here. 12 THE COURT: I'll sustain it based upon the 13 relevance. I'm only determining whether it's a camp. I 14 don't care what goes on at the camp. The only issue before 15 me is whether it's a camp. 16 THE WITNESS: It's a camp. There is boating. 17 There is -- 18 MR. TAMANINI: Excuse me. Your Honor, would 19 the witness wait until I ask her a question or someone asks 20 her a question. 21 THE COURT: Go ahead. Ask a question, Mr. 22 Tamanini. Let's get to the point. Let's focus on the issue 23 of whether it's a camp. 24 MR. TAMANINI: Am I correct, Your Honor, that 25 the distinction between a camp and a Sunday school is a real 20 • • 1 distinction? 2 THE COURT: I'm not sure. I'm trying to 3 determine if this is a camp. 4 MR. TAMANINI: Therefore, I was trying to ask 5 a question about what goes on in the camp. Your Honor, I 6 don't want to be obstreperous here, but the witness has 7 demonstrated her willingness to avoid answering a straight 8 question. g THE COURT: Mr. Tamanini, I understand what 10 goes on there. If you don't, you can explore it a little 11 bit more, but I think I have a sufficient understanding of 12 what goes on. 13 MR. TAMANINI: Well, Your Honor, I have never 14 been to a Bible camp, so I'm in the dark. 15 THE COURT: And neither have I, but she's 16 answered enough questions that I've got a good idea what's 17 going on. If you think you need to have more information, 18 ask her questions. 19 MR. TAMANINI: I principally didn't want her 20 volunteering to the Court information without a question. 21 THE COURT: Next question, Mr. Tamanini, 22 please, if you have any more. 23 MR. TAMANINI: On this limited issue whether 24 the camp -- excuse me, Your Honor. {Brief pause.) 25 On this issue of whether the camp is truly a 21 • • 1 summer vacation for the mother and the boys, I have no other 2 questions. 3 THE COURT: Thank you, ma'am. You may step 4 down. Do you have any other testimony on this issue, Mr. 5 Tamanini? 6 MR. TAMANINI: I have nothing to offer, Your 7 Honor. g THE COURT: I'm satisfied that it is a camp, 9 okay. Can mom and dad work the rest of the summer schedule 10 out? 11 MR. TAMANINI: If we work it out in front of 12 Your Honor, I think we can immediately, right today. 13 THE COURT: All right. Let's do it. 14 MR. TAMANINI: We would like to have -- 15 THE COURT: No, no. You tell me first when 16 the camps are scheduled. 17 MS. DUFFY: Your Honor, camp, if it's in the 18 terminology of the particular proceeding, is the family 19 Bible camp, as you heard, July 23rd to July 29th, and the 20 band camp, August 7th to 12th. Like I said, he has claimed 21 he supports the other activities, so -- 22 THE COURT: I don't care about that. That's 23 between mom and dad. That's not between me. You're asking 24 for a clarification of my order. The only two weeks that 25 are off limits -- well, actually, there are four weeks right 22 • • 1 now -- July 23rd to 29, the August 7th band camp, the week 2 school lets out, and the week before school starts. Other 3 than that, dad gets what he wants. You don't need me to 4 work that out, do you? 5 MR. TAMANINI: Unfortunately, we'll get it 6 done a lot quicker if we can take five minutes of your time 7 now. g THE COURT: All right. 9 MR. TAMANINI: Mr. Biederman is capable of 10 speaking to the Court and telling you what weeks he would 11 like to have. 12 THE COURT: The weeks are clear, Saturday at 13 6:00 through Saturday at 6:00. 14 MR. BIEDERMAN: July 1st, Saturday, 6:00 p.m., to 15 Saturday, July 22nd. 16 THE COURT: So that's three weeks. 17 MR. BIEDERMAN: Yes. Yes, it is. June 17th, 18 Saturday, to June 24th. 19 MR. TAMANINI: That will be this Saturday. 20 THE COURT: When are the kids out of school? 21 MR. TAMANINI: They're out. They were out on 22 June the 8th -- June the 7th. 23 MS. DUFFY: Your Honor, I'm sorry. There's a 24 Boy Scout camp. I'm so sorry. Obviously, the schedules are 25 crazy. It's only a weekend, though. It's July 24th to July 23 • • 1 25th. That's Joseph. 2 THE COURT: He's got Saturday, July 1st, to 3 Saturday, July 22nd. 4 MS. DUFFY: But it has to be 7:30 on the 5 24th, because he's supposed to report for Boy Scout camp. 6 THE COURT: I don't see the problem. He's 7 got to be back at 6:00 on July 22nd. 8 MS. DUFFY: I said July. I'm sorry. June 9 24th to 25th. I apologize. 10 MR. TAMANINI: This is not a camp. 11 THE COURT: What that -- 12 MS. DUFFY: She didn't even think about it, 13 because it's just next weekend. 14 THE COURT: Was it part of the schedule that 15 she gave back in April? 16 MS. DUFFY: That's been scheduled for quite 17 some time. It is just a weekend. 18 MR. TAMANINI: Your Honor, could Mr. 19 Biederman finish his selection? 20 THE COURT: He's done. That's four weeks. 21 MR. TAMANINI: He gets four weeks. There are 22 61 days within the beginning and the end of school. He is 23 entitled to one half of the summer. There is an additional 24 one half of a week. Sixty-one days divided by seven is four 25 and one half, so can he now select the additional three and 24 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 a half days? r~ THE COURT: Where does it say three and a half days? MR. TAMANINI: Well, the order says one half of the summer. THE COURT: Well, but then it talks about four weeks, so we're presuming that the summer was eight weeks. MS. DUFFY: Which it is. MR. TAMANINI: It is not. The calendar is in front of us, and we can count the days. I have done so. It's 61 days. If you divide that by seven, it's four and one half . THE COURT: My order doesn't say that. My order says four weeks. MR. TAMANINI: Well, I guess there is an ambiguity there, Your Honor. You'll clarify it. THE COURT: It's clarified. He's got his four weeks. MS. DUFFY: Your Honor, I think I can help. THE COURT: If mom and dad were willing to work together -- MS. DUFFY: We would love to. It has never been proposed. THE COURT: It's obviously not happening. 25 1 Well, there you've got it, July 1st to July 22nd, and June 2 17th to June 24th. 3 MS. DUFFY: Then Joseph will miss Boy Scout 4 camp for the weekend. 5 THE COURT: If he were my son, I would get 6 him back, but he's not my son. 7 MS. DUFFY: And he's also going to miss -- 8 both boys are going to miss all sorts of activities. 9 MR. TAMANINI: He's not going to miss his 10 father. 11 MS. DUFFY: Have him explain that to his 12 children that these priorities were his, too. 13 MR. TAMANINI: Well, he's going to be with 14 his father instead. 15 MS. DUFFY: Well, I hope that makes dad 16 happy. 17 THE COURT: Hold on. Hold on. Stop it. 18 Counsel, stop it right now. Let's act a little more 19 professionally, please. 20 MR. TAMANINI: I beg your pardon. 21 THE COURT: This is a court of law. I'm not 22 a marriage counselor. 23 MS. DUFFY: I understand. 24 (The following Order was entered by the 25 Court:) 26 ~ • 1 "AND NOW, this 14th day of June, 2006, after 2 consultation with the parties, Father's summer vacation with 3 the children shall be from Saturday, July 1st, 2006, at 6:00 4 p.m., until Saturday, July 22nd, 2006, at 6:00 p.m., and 5 from Saturday, June 17th, 2006, at 6:00 p.m. until Sunday, 6 June 24th, 2006, at 6:00 p.m." 7 THE COURT: If father wanted some additional 8 days, maybe he can make some arrangements to get the child 9 back early for Boy Scout camp. That's between mom and dad. 10 The fact that you two are unable to cooperate 11 is absolutely disgraceful. You're doing nothing but hurting 12 your children. Trust me in that regard. It's just 13 disgraceful. Add a second Order. 14 (The following Order was entered by the 15 Court:) 16 "AND NOW, this 14th day of June, 2006, 17 Mother's counter-claim for counsel fees is DENIED." 18 (Court was adjourned.) 19 20 21 22 23 24 25 27 • L CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abcve cause and that this is a correct transcript of same. ,~ Susan Rice Stoner Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ~,//, 28 Edward E. Guido, J. ..:fl '•. ~~ t'__~ 2 ! ~ r;~~ ~~ ' ~C1 ~" : ~~F.,:1 Ci~~l ,.. ,: , h ~;~:~~:.'.-'.':r-~r~ ~IMI