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HomeMy WebLinkAbout10-2843ALEF,-, =1C,C TA, ly 1UIO APR 28 PM 57 EDWARD A. BOARDMAN, IN THE COURT4ikWMM0Nr ,A OF Plaintiff CUMBERLAND C06W*8*WSYLVANIA vs. NO. 10 -,gSgS a-vi l -7" ANGELA L. BOARDMAN, CIVIL ACTION -LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Edward A. Boardman, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint for Custody and in support thereof avers as follows: 1. The Plaintiff is, Edward A. Boardman, an adult individual currently residing at 108 Mainsville Road, Shippensburg, Pennsylvania 17257. 2. The Defendant is, Angela Lee Boardman, an adult individual currently residing at 306 Cranes Gap Road, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks shared legal and physical custody of the following children: Name Present Address Date of Birth Britton Robert Boardman 306 Cranes Gap Road February 6, 2005 Carlisle, PA 17013 Kylee June Boardman 306 Cranes Gap Road September 24, 2006 Carlisle, PA 17013 The children were not born out of wedlock. The children are presently in the custody of Angela Boardman who resides at 306 Crane Gap Road, Carlisle, Pennsylvania 17013. During the past five years, the children have resided with the following persons and at +1rA-00 Po W ao,/ MEYERS, DESFOR, SALTZGIVER 8, BOYLE n 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 the following addresses: Persons Plaintiff and Defendant Plaintiff and Defendant Addresses 108 Mainsville Road Shippensburg, PA 17257 306 Cranes Gap Road Carlisle, PA 17013 Dates 2005 to 2008 2008 to January 13, 2009 Plaintiff 306 Cranes Gap Road January 14, 2009 Carlisle, PA 17013 to Present The mother of the children is Angela Boardman, currently residing at 306 Cranes Gap Road, Carlisle, Pennsylvania 17013. She is married. The father of the children is Edward Boardman, currently residing at 108 Mainsville Road, Shippensburg, Pennsylvania 17257. He is married. 4. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: Name Relationship Britton Robert Boardman Son Kylee June Boardman Daughter 5. The relationship of Defendant to the children is that of Father. The Defendant currently resides with the following persons: Name Relationship None 6. Plaintiff has not participated as a party or witness, or in another capacity, in other 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff is the children's father and wishes to maintain an ongoing and consistent relationship with the children. The parties have attempted to reach an agreement regarding a custody schedule without Court involvement, but have been unsuccessful. Defendant/Mother will only agree to Father having one overnight per week with the children, despite Father's repeated requests for more time. Father wishes to maintain an equal role in the children's lives and therefore, seeks shared legal and physical custody of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 4 MEYERS, DESFOR, SALTZGIVER Ik BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, Plaintiff, Edward A. Boardman, respectfully requests this Honorable Court to grant him shared legal and physical custody of the children. Respectfully submitted, Catherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VERIFICATION I, Edward Boardman verify that the statements made in this Complaint for Custody are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 4/28/2010 (X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ,I - T ~ ~ - , ,_ . ,'~.Y Ct,~'r ~; ~ ~ ~1Y~ EDWARD A. BOARDMAN, IN THE COURT OF COMMt~lvl`PL~s~'~,~~` Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 10-2843 Civil Term ANGELA L. BOARDMAN, :CIVIL ACTION -LAW Defendant IN CUSTODY ACCEPTANCE OF SERVICE OF COMPLAINT FOR CUSTODY I, Martha B. Walker, Esquire, counsel for Angela L. Boardman, Defendant in the above-captioned matter, certify acceptance of service on behalf of Defendant of a copy of the Complaint for Custody filed by Plaintiff, Edward A. Boardman, on Apri128, 2010 and that I am authorized to do so. Date: 3d lv y - ha B. Walker, Esquire Attorney I.D. #159689 Walker, Connor & Spang, LLC 247 Lincoln Way East Chambersburg, PA 17201 717-262-2185 Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 3 JUL 2 p 2010 EDWARD A. BOARDMAN, Plaintiff v. . IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2843 CIVIL ACTION LAW ANGELA L. BOARDMAN, IN CUSTODY n ~, ~ _ Defendant ~ ~ ~~' TEMPORARY ORDER OF COURT =: - `~~ ~" a ~,:; ,- AND NOW this ~_ day of July 2010, upon consideration of the attached ~ustod~ Conciliation Report, it is Ordered and Directed as follows: z,. ~::: u - , c_: 1. This Order is entered pursuant a Custody Co ' ' 'on Conference. A Custody Hemming hereby scheduled on the f 6 ~ day of 2010 at .l'! ~/pm in Courtroom number ~ in the Cumberland County Co of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken 'n regard to the ph~sical custody for the subject Children. For purposes of this hearing, theather shall be deemed to be the moving party_ and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal Custody: The Father, Edward A. Boardman, and the Mother, Angela L. Boardman, shall have shared legal custody of Britton Robert Boardman, born 02/06/2005 and Kylee June Boardman, born 09/24/2006. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custodv: Absent agreement otherwise or until further Order of Court, the parties shall arrange physical custody of the subject Children on a repeating two week schedule as follows: a. During the summertime when school is not in session, in week one, Father shall have physical custody of the Children from Wednesday 5:00 pm until Friday 8:15 am. In week two, Father shall have physical custody from Wednesday 5:00 pm until Friday 8:15 am and from Friday 5:00 pm until Monday morning 8:15 am. b. When school is in session, in week one, Father shall have physical custody of the Children from Wednesday 5:00 pm until Friday 8:15 am. In week two, Father shall have physical custody from Wednesday 5:00 pm until Friday 8:15 am and from Friday 5:00 pm until Sunday 5:00 pm. c. Mother shall have physical custody of the Children for all other times not outlined above and shall have the authority to have custody of the Children during Father's periods of custody when Father is working and Mother is not. d. The non-custodial parent shall pick up the Children from the custodial parent's residence. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. Vacation: Each parent shall have at least one uninterrupted week of vacation with the Children per year. Father has already requested July 02 through 09 2010 and Mother shall have her week the second week of August 2010. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, the parents shall adhere to the attached holiday schedule. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. It has been agreed upon that Mother shall not leave the Children unsupervised around maternal uncle. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. This Order is entered pursuant to 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. the Court, J. D' tribution: a Walker, Esq., 247 Lincoln Way East, Chambersburg, PA 17201 Ca Brine Boyle, Esq., 410 North Second Street, P.O. Box 1062, Harrisburg, PA 17108 ohn J. Mangan, Esquire 'C..o ~'FS ~ c 7~z~.I ~a Cnmmpr Phvci~al f"nctndv Schedule (D=dad M=mom Monda Tuesday ~~~ Wednesday Thursda Friday Saturda Sunday D M M M D D D M M M M M M D D D D D D Cr~hnnl Phvciral f nctndv Schedule (D=dad M=mom1 Monda Tuesday~ Yv Wednesda Thursda Frida Saturday Sunda M M M D D D M M M M M M D D D D D D M TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Day 1~ Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Inde endence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treatin Thanksgiving 1~ From 8 am Thanksgiving Day to 2 .Father Mother Half m on Thanks 'vin Da Thanksgiving 2n From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Day Christmas 1 ~ Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1 sc (with the 1 Z/31 year to control the even/odd determination) Mother's Day From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father EDWARD A. BOARDMAN, Plaintiff v. ANGELA L. BOARDMAN, Defendant . 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2843 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Britton Robert Boardman 02/06/2005 Father and Mother Kylee June Boardman 09/24/2006 Father and Mother 2. A Conciliation Conference was held with regard to this matter on June 15, 2010 with the following individuals in attendance: The Mother, Angela L. Boardman, with her counsel, Martha Walker, Esq. The Father, Edward A. Boardman, with his counsel, Catherine Boyle, Esq. 3. Father's position on physical custody is as follows: Father indicates that he would like shared physical custody of the Children. Father lives in Shippensburg and has a demanding job, but that he has flexible leave. Father indicates that he wants a true 50/50 custody situation with the Children in that he wants two overnights per week and alternating weekends Friday through Monday. Father asserts that he has a very good relationship with the Children and is very involved with their lives. Father further indicates that he does not want maternal uncle (Joseph Lighty) to be unsupervised around the Children. 4. Mother's position on custody is as follows: Mother would like primary physical custody of the Children but is willing to come close to a shared custody arrangement, at least during the summertime. Mother asserts that Father is financially motivated to establish a shared custody situation. Mother asserts that she has more time to spend with the Children because she has summers off and does student teaching during the school year. Mother has concerns in regard to the Children's sleeping arrangements at Father's residence, Father's relationship with the Children and Father's overall care for the Children. Mother further requests that during the school year, Father's alternating weekends end on Sunday so that the Children can adequately get ready for school. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. l~ Date John J an, Esquire Cust y C nciliator FILED-ORFICE IQ `-''-I AMIV'ZV EDWARD A. BOARDMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTYP?f vs. NO. 10-2843 Civil Term ANGELA L. BOARDMAN, CIVIL ACTION -LAW Defendant IN CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY The parties to the above-captioned action, Edward A. Boardman, Plaintiff, and Angela L. Boardman, Defendant, hereby stipulate and agree to the following shared legal and physical I custody arrangement regarding their two minor children namely, Britton Robert Boardman, date of birth February 6, 2005 and Kylee June Boardman, date of birth September 24, 2006. 1. Legal Custody The Father, Edward A. Boardman, and the Mother, Angela L. Boardman, shall have shared legal custody of Britton Robert Boardman and Kylee June Boardman. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, put not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 2. Physical Custody: Absent agreement otherwise or until further Order of Court, the parties shall arrange physical custody of the subject Children on a repeating two week schedule as follows: a. During the summertime when school is not in session, in week one, Father shall have physical custody of the Children from Wednesday 6:30 a.m until Monday 6:30 a.m. In week two, Father shall have physical custody from Wednesday 6:30 a.m. until Friday 6:30 a.m. b. When school is in session, in week one, Father shall have physical custody of the Children from Wednesday 6:30 a.m until Sunday 5:00 p.m. In week two, Father shall have physical custody from Wednesday 6:30 a.m until Friday 6:30 a.m. c. Mother shall have physical custody of the Children for all other times not outlined above and shall have the authority to have custody of the Children during Father's periods of custody when Father is working and Mother is not. Likewise, Father shall have the authority to have custody of the Children when Mother is working and Father is not. d. The non-custodial parent shall pick up the Children from the custodial parent's residence. 3. The non-custodial parent shall have the liberal telephone contact with the Children on a reasonable basis. 3 MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 w 4. Vacation: Each parent shall have at least one uninterrupted week of vacation with the Children per year. Father has already requested July 02 through 09, 2010 and Mother shall have her week the second week of August 2010. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, the parents shall adhere to the attached holiday schedule. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 7. It. has been agreed upon that Mother shall not leave the Children unsupervised in the company of Joseph Leighty without Mother and/or Darrell Miller being present in the same room. 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume:/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. 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. WITNESSETH: Ca erine A. Boyle, Esquire Ma B. Walker, Esquire Edward A. Boardman z Angel ad- Bo d a MEYERS, DESFOR, SAI.TZ©tV" & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 Summer Physical Custody Schedule (D=dad M=mom) Monday Tuesday Wednesday Thursday Frida Saturday Sunday D M M M D D D M M M M M M D D D D D D School Physical Custody Schedule (D=dad M=mom) Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M' M D D D M M M M M M. I D D D D D D M TIMES EVEN - ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Day is Half From 9 am until 3 pm Father Mother Easter Day 2° Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Independence Day From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother Half pin on Thanksgiving Day _ Thanksgiving From 2 pm on Thanksgiving Day to h4other Fathek half noon the day after Thanksgiving Day ` Christmas 1St Half From noon on 12,124 to noon on Father Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Mother Father 12/26 j New Year's. From 6 pm 12/31 until noon January Mother Father 1" (with the 12/31. year to control the even/odd determination Mother's Da From 9 am until9 m Mother Mother Father's Da From 9 am until9 m Father Father r, + y _, ~~/' ©? 2U I O EDWARD A. BOARDMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 10-2843 Civil Term ANGELA L. BOARDMAN, :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT ~ 7 AND NOW, this day of , 2010, it is hereby ORDERED that the attached Stipulation and Agreement for Custody is hereby adopted as an Order of Court as if set forth in full. a BY THE COURT: c n rrt -~ , < y. ~~ 3 -c ~, `~ ---i •a -~ J. Distribution: Catherine A. Boyle, Esquire, 410 North Second Street, Harrisburg, PA 17101 (717) 236-9428 Attorney for Plaintiff Martha B. Walker, Esquire, 247 Lincoln Way East, Chambersburg, PA 17201 (717) 262-2185 Attorney for Defendant ~~ jJ - ~z' m.~l 4`~~~0 ~~ MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 EDWARD A. BOARDMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. NO. 10-2843 --n r;-? 3E!j r - ANGELA L. BOARDMAN, CIVIL ACTION - LAWrx'- Ell Defendant IN CUSTODY- -4 C3 vC-) PETITION FOR MODIFICATION OF CUSTODY ORDER:=c1 ? , AND NOW, comes Plaintiff, Edward A. Boardman, by and through his attorneys , lVleyeIS Desfor, Saltzgiver & Boyle, and files this Petition for Modification of Custody Order and in support thereof avers as follows: 2 14 Petitioner is Edward A. Boardman, an adult individual currently residing at 108 Mainsville Road, Shippensburg, Pennsylvania 17257, (hereinafter "Father") Respondent is Angela L. Boardman, an adult individual currently residing at 321 Roxbury Road, Shippensburg, Franklin County, Pennsylvania 17257, (hereinafter "Mother") The parties are the parents of two minor children, namely Britton Robert Boardman, date of birth February 6, 2005 and Kylee June Boardman, date of birth September 24, 2006. The parties are currently following the custody arrangement set for in the attached Order of Court dated September 3, 2010. See Order attached hereto and hereinafter referred to Exhibit "A." During the summer, the parties share physical custody. During the school year, the parties have all but shared physical custody, with Father returning the children to Mother on Sunday evening. t ??°?p00 ? o MEYERS, DESFOR, SALTZGIVER & BOYLE qo ? 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 b3 b (717) 236-9428 • FAX (717) 236-2817 7. Since Mother works full-time and must be at work on Monday morning before the parties' son meets the school bus, Mother takes him to her cousin's house. 8. Mother's cousin cares for the child and places him on the school bus which comes to her home. 9. Britton is then bused to Nancy Grayson Elementary School in the Shippensburg Area School District:. 10. At the end of the school day, on Mother's custodial days, the child is bussed backed to Mother's cousin's home where he remains until Mother picks him up after work. It. The parties' daughter, Kylee, goes with Mother to work. Mother works at a daycare center, where the child attends preschool. 12. Although Father also works full-time, he is available to place the child on the bus on Monday mornings. 13. Further, although the child attends Nancy Grayson Elementary School, both parties are conveniently located near James Burd Elementary School, also in the Shippensburg Area School District. 14. Were the child to attend James Burd Elementary School, Father can place the child on the bus at his home and after school, the child could take the bus to Mother at work. I15. Both children already go to the daycare where Mother works during the summer. 16. Notably, since Mother works for the daycare, both children can attend free of charge. 117. Father believes that the Monday morning routine is disruptive and too much for the children. 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 18. Father believes that having the children stay overnight with him on Sundays, during his custodial week, is much less disruptive and provides more consistency for the children. 19. Further, Father believes that the children attending school at the James Burd Elementary School would best accommodate both the children and the parties. 120. Father's counsel contacted Mother's counsel regarding this Petition. It is believed that Mother does not concur with this Petition. 21. This matter has not previously been assigned to a specific Judge. The current Order was, however, signed by the Honorable Edward E. Guido. WHEREFORE, Plaintiff, Edward Boardman, respectfully requests this Honorable Court grant his Petition for Modification of Custody Order and order: Father shall have physical custody of the children overnight on Sundays during his custodial week; 2. The children shall attend James Burd Elementary School; and, 3. All other aspects of the Order dated September 3, 2010 shall remain unchanged. Respectfully submitted, t atherine A. Boyle, Esq Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Petitioner/Plaintiff 5 MEYERS, DESFOR, SALTZGIVER & BOYLE i 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 SEP 0 : 2010 EDWARD A. BOARDMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 10-2843 Civil Term ANGELA L. BOARDMAN, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT '3d 1 AND NOW, this day of , 2010, it is hereby ORDERED that the attached Stipulation and Agreement for Custody is hereby adopted as an Order of Court as if set forth in full. BY THE COURT: 'J J. TRUE C( In Testimony wi and they? ysse of This _ L_ Distribution: Catherine A. Boyle, Esquire, 410 North Second Street, Harrisburg, PA 17101 (717) 236-9428 Attorney for Plaintiff Martha B. Walker, Esquire, 247 Lincoln Way East, Chambersburg, PA 17201 (717) 262-2185 Attorney for Defendant 'Y FROM RECORD reof, t here unto set my hand IId'om at Carlisle, Pa. of A r o4- P oo tary EXHIBIT MEY LE d10 RTH SECOND "A n RISBURG, PA 17108 0 c? EDWARD A. BOARDMAN, IN THE COURT OF COMMON PL OR/) Plaintiff CUMBERLAND COUNTY, PENN s AA 074 VS. NO. 10-2843 Civil Term <c;? L?? 3 ANGELA L. BOARDMAN, : CIVIL ACTION - LAW 'a Defendant : IN CUSTODY ca STIPULATION AND AGREEMENT FOR CUSTODY art .gym ra a The parties to the above-captioned action, Edward A. Boardman, Plaintiff, and Angela L. Boardman, Defendant, hereby stipulate and agree to the following shared legal and physical custody arrangement regarding their two minor children namely, Britton Robert Boardman, date of birth February 6, 2005 and Kylee June Boardman, date of birth September 24, 2006. Legal Custody The Father, Edward A. Boardman, and the Mother, Angela L. Boardman, shall have shared legal custody of Britton Robert Boardman and Kylee June Boardman. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, put not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. MEYERS, DESFOR, SALTZGIYER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 HARRISBURG, PA 17108 2. Physical Custody: Absent agreement otherwise or until further Order of Court, the parties shall arrange physical custody of the subject Children on a repeating two week schedule as follows: a. During the summertime when school is not in session, in week one, Father shall have physical custody of the Children from Wednesday 6:30 a.m until Monday 6:30 a.m. In week two, Father shall have physical custody from Wednesday 6:30 a.m. until Friday 6:30 a.m. b. When school is in session, in week one, Father shall have physical custody of the Children from Wednesday 6:30 a.m until Sunday 5:00 p.m. In week two, Father shall have physical custody from Wednesday 6:30 a.m until Friday 6:30 a.m. C. Mother shall have physical custody of the Children for all other times not outlined above and shall have the authority to have custody of the Children during Father's periods of custody when Father is working and Mother is not. Likewise, Father shall have the authority to have custody of the Children when Mother is working and Father is not. d. The non-custodial parent shall pick up the Children from the custodial parent's residence. 3. The non-custodial parent shall have the liberal telephone contact with the Children on a reasonable basis. 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 4. Vacation: Each parent shall have at least one uninterrupted week of vacation with the Children per year. Father has already requested July 02 through 09, 2010 and Mother shall have her week the second week of August 2010. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, the parents shall adhere to the attached holiday schedule. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. It has been agreed upon that Mother shall not leave the Children unsupervised in the company of Joseph Leighty without Mother and/or Darrell Miller being present in the same room. 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. 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. WITNESSETH: J? ?Y Ca erine A. Boyle, Esquire Edward A. Boardman M B. Walker, Esquire 5 Angel at. Bo MEYERS, DESFOR, SALTZafY£R 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 C?..w....ei? pi?vcinni C4..v.i^ lip CnltP/lillP m==arl M=mnm) Monda Tuesday y Wednesday Thursday Frida Saturday- Sunday - D M M M D D D M M M M M M D D U D D D .QA6nnl pl6vainni Vviefiuly gt+Mi a a)=dad M=innm) Monday Tuesday ^--- -Wednesda Thursday Frida $aturda Sunda M M' M D D D M. I M M M M M D D I D, I D D D M TIMES EVEN - ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Laster Da 1 Half From 9 am until 3 m Father Mother .Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving I't From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanksgiving Da Thanksgiving 2n From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanks 'vin Day Christmas 1 Half From noon on 12/24 to noon on Father Mother ' 12/25 Christmas 2 Half From noon on 12/25 to noon on Mother Father 12/26 New Year's. From 6 pm 12/31 until noon January Mother Father 1 " (with the 12/31 year to control the even/odd determination Mother's. Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father VERIFICATION I, fiwhgP Bol-420AA0 , verify that the statements made in this Petition for Modification of Custody Order 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. Dated: 8/8/2011 (X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 EDWARD A. BOARDMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 10-2843 ANGELA L. BOARDMAN, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this day of , 2011, a copy of the forgoing Petition for Modification of Custody Order was sent via facsimile and first-class mail, postage baid to: Martha B. Walker, Esquire Walker, Connor & Spang, LLC 247 Lincoln Way East Chambersburg, PA 17201 Qt't"-7 (? , ? S Catherine A. Boyle, Esquire Attorney for Petitioner/Plain i f MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 EDWARD A. BOARDMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA r, rnm 2010-2843 CIVIL ACTION LAW FM;v G"7 rnF %rn gyp. o, - ANGELA L. BOARDMAN IN CUSTODY = --t o =-n . DEFENDANT 7a G ---d1 ORDER OF COURT AND NOW, Wednesday, August 17, 2011 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 23, 2011 _ _ at 1_00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John J. Man an r. E? sq• ,?A? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association ? 12 e(14. cotj rnaf lPd /V '#44 $vyle ?00 pi md//Pd' Ifv At? wallker V 6911 rlxed n t# y mo? yeo s 32 South Bedford Street Carlisle, Pennsylvania 17013 "Telephone (717) 249-3166 rile - 6#e,/ak1- ?P/i8/r IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYPAMA Civil Action-Law Edward A. Boardman -Uzi, mp ryl = TX , P`t , Plaintiff v?> C-3 N) o V. No. 10-2843 * ° ? --r x? = 5 Angela L. Boardman, Defendant Custody DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR MODIFICATON OF CUSTODY ORDER AND COUNTER-PETITION FOR MODIFICATION OF CUSTOD ORDER NOW COMES Defendant, Angela L. Boardman, by and through her attorney, Julie G. Dorsett, and in support of her answer to Plaintiff's Petition for Modification of Custody Order and Counter-Petition for Modification of Custody Order, respectfully avers as follows: ANSWER 1. Admitted. 2. Admitted to that Respondent lives at 321 Roxbury Road. Denied that the address is located in Franklin County. On the contrary, it is located in Cumberland County. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted that the parties are following the terms of the previous order but for Mother collecting the children at Father's house at 5 p.m. Denied as to any characterization thereof. Strict proof thereof is demanded at hearing, if relevant. 7. Admitted that Mother had utilized her cousin as a daycare provider in the previous school year and that, in so doing, she took the parties' son to her cousin's in the morning on weekdays. Denied that same is Mother's current practice. Strict proof thereof is demanded at hearing, if relevant. 8. Admitted that Mother had utilized her cousin as a daycare provider in the previous school year and that, in so doing, her cousin ensure that the parties' son got on the school bus in the morning on weekdays. Denied that same is Mother's current practice. Strict proof thereof is demanded at hearing, if relevant. 9. Admitted. 10. Admitted that Mother had utilized her cousin as a daycare provider in the previous school year and that, in so doing, the parties' son rode the school bus back to the same bus stop at the cousin's house. Denied that same is Mother's current practice or that Britton waited for Mother to pick him up after school. Strict proof thereof is demanded at hearing, if relevant. 11. Admitted. 12. Denied. Strict proof thereof is demanded at hearing, if relevant. 13. Denied. Strict proof thereof is demanded at hearing, if relevant. 14. Denied. Strict proof thereof is demanded at hearing, if relevant. 15. Admitted. 16. Denied. Strict proof thereof is demanded at hearing, if relevant. 17. After due investigation, Mother is without sufficient information to admit or deny the averments contained in paragraph 17 of the Petition. Same is therefore denied. Strict proof thereof is demanded at hearing. 18. After due investigation, Mother is without sufficient information to admit or deny the averments contained in paragraph 18 of the Petition. Same is therefore denied. Strict proof thereof is demanded at hearing. 19. After due investigation, Mother is without sufficient information to admit or deny the averments contained in paragraph 19 of the Petition. Same is therefore denied. Strict proof thereof is demanded at hearing. 20. It is admitted that Mother does not concur with the relief requested in Father's petition. 21. Admitted. WHEREFORE, Defendant prays this honorable court to DISMISS Plaintiffs Petition for Modification of Custody Order. COUNTER-PETITION FOR MODIFICATION OF CUSTODY ORDER 22. The averments contained in paragraph 1 through 21 of this Answer are incorporated herein as if fully set forth. 23. The current custody order does not serve the best interests of the children. 24. Father does not exercise good judgment when the children are in his care as to their safety and well-being. 25. Father works full-time in Mechanicsburg and coaches high school track and field and cross-country which consumes his time on weekdays from early morning until early evening during the school year and oftentimes all day Saturday for meets. 26. Because of Father's work schedule, during last school year Father dropped the children off at Mother's house in the mornings and expected Mother to take Briton to get on the bus on Father's days of custody. 27. Also during the previous school year on Father's days of custody, Father expected Mother to collect Britton from the bus stop and care for him until Father's paramour collected the children around 4:00 p.m. from Mother. 28. On Father's days of custody last year, Father expected his paramour to care for the parties' children 4:00 p.m. until 5:30 p.m. or later when he arrived home. 29. Mother is available for the parties' daughter, who is nearly 5 years old, all day, everyday, and is available to meet Britton at the end of the school day at approximately 3:25 p.m. if he continues to attend Nancy Grayson Elementary School. 30. The parties' son likes Nancy Grayson Elementary School, is familiar with the building, has made friends there, enjoys their activities and the teachers there, and is looking forward to attending first grade there this year. 31. Nancy Grayson is located about '/2 mile from Mother's place of work and about two (2) blocks from her residence. 32. James Burd Elementary is located farther away from Father's and Mother's respective houses than Grayson is. 33. Father constantly endeavors to control the activities, associations, relationships, medical treatment, educational decisions, communications, residential choices and even the mindsets of the children and Mother to the detriment of the children and for his own selfish conveniences and other interests and not in the best interests of the children. 34. Mother is the parent most likely to foster a good relationship between the children and the other parent as well as their extended families of grandparents and great-grandparents. 35. Father endeavors to limit the contact the children have with Mother's parents on the grounds that they may end up having "more time" with the children than he does. 36. Father is motivated to seek a shared physical custody arrangement for no other reasons than possessiveness, control, and minimization of child support. WHEREFORE, Defendant prays this honorable court to modify the current custody order to award primary residential, weekday custody to Defendant during the school year and alternate weekend partial custody to Plaintiff at times when he is not working as a coach or otherwise from Friday at 5:30 p.m. to Sundays at 5:30 p.m. 4J ie G Dor tt A ey for Defendant 39 North Second Street P.O. Box 362 Chambersburg, PA 17201 (717) 267-2921 Pa. Sup. Ct. Id. No. 69294 I verify that the statements made in this Answer and Counter-Petition are true and correct. I understand that false statements herein are made subject to the penalties of perjury contained in 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: Angela . Bo an IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA Edward A. Boardman, Civil Action-Law ?^..._. Plaintiff rn -- ?- (Dr- - a t a? v. No. 10-2843 -? <C:) c-? a "-'; Angela L. Boardman, C: ° Defendant Custody ' • C CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the Answer and Counter-Petition, have been sewed upon the following persons by the following means and on the dates stated: Name and Address Catherine A. Boyle, Esq. Meyers, Desfor, Saltgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Means of Service Date of Service August 26,.2011 U.S. mail adequate postage attached /, tt fney for Defendant 39 North Second Street P.O. Box 362 Chambersburg, PA 17201 (717) 267-2921 Pa. Sup. Ct. Id. No. 69294 EDWARD A. BOARDMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELA L. BOARDMAN, CIVIL ACTION - LAW Defendant NO. 10-2843 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 12th day of January, 2012, after hearing, our order of September 3, 2010, is modified as follows: The first sentence of Paragraph 2(b) is deleted and replaced with the following: When school is in session, in week one, Father shall have physical custody of the children from Thursday at 5:00 p.m. until Monday at 6:30 a.m. In all other respects our order of September 3, 2010, shall remain in full force and effect. By the Court, Edward E. Guido, J. Catherine A. Boyle, Esquire FFoor the Plaintiff ? Julie G. Dorsett, Esquire For the Defendant :lfh T FS' .'YIe7t c?? c ro3 rql= A z? x cn D e`7 z c> b -t rn = ? r-