HomeMy WebLinkAbout05-42000.
SHARON L. BOOKAMIRE,
Plaintiff
V.
DOUGLAS J. BOOKAMIRE,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - IN CUSTODY
:'NO. 05- L(),(4 CIVIL TERM
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you. A judgment may also be entered against you for any other
claim or relief requested in these papers by the Plaintiff. You may lose money or property or
other rights important to you, including custody or visitation of your children.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone 7T17 249-3166
SHARON L. BOOKAMIRE,
Plaintiff
V.
DOUGLAS J. BOOKAMIRE,
Defendant
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: COMPLAINT FOR CUSTODY
NO. 05- [ j 00 CIVIL TERM
COMPLAINT FOR CUSTODY
1. Plaintiff is Sharon L. Bookamire, who currently resides at 10 Grinnel Drive, Camp Hill
Pennsylvania, 17011.
2. Defendant is Douglas J. Bookamire, who currently resides at 10 Grinnel Drive, Camp Hill
Pennsylvania, 17011.
3. Plaintiff Sharon L. Bookamire is the natural mother of the children of this marriage and
Douglas J. Bookamire is the natural father of the children of this marriage.
4. Plaintiff and Defendant were married on October 16, 1993 in Enola Pennsylvania.
5. Plaintiff seeks joint physical and legal custody of the following children:
NAME PRESENT RESIDENCE
Joshua A. Bookamire 10 Grinnel Drive, Camp Hill
Kalyn M. Bookamire 10 Grinnel Drive, Camp Hill
6. The children were born as a result of this marriage.
AGE
2/25/95
9/24/97
7. The children currently reside with both parties to this action.
8. During the past five years, the children have resided with the following persons and at the
following addresses:
NAME RESIDENCE YEARS
Sharon L. Bookamire Camp Hill PA Entire life
Douglas J. Bookamire Camp Hill Pa Entire life
9. The custody and visitation with the minor children is at issue.
10. Neither of the parties in this action is presently a member of the armed forces.
11. The Plaintiff and Defendant are both citizens of the United States.
12. Plaintiff has not participated as a party or witness in any other capacity, in other litigation
concerning the custody of the children in this or another court.
13. Plaintiff has no information of a custody proceeding concerning the children pending in a
court of this Commonwealth.
14. Plaintiff does not know of a person not a party to the proceedings that has physical
custody of the children or claims to have custody or visitation rights with respect to the
children.
15. The best interest and permanent welfare of the children will be served by granting joint
legal and full physical custody to the Plaintiff, Sharon L. Bookamire.
WHEREFORE, Plaintiff Sharon L. Bookamire requests the Court grant her joint legal
and full physical custody of her children with rights of visitation to the defendant.
Respectfully Submitted,
The Law Offices of Richard R. Gan
Carlisle, Pennsylvania, 17013
717-241-4300
Attorney I.D. 68721
17 West South Street
VERIFICATION
I, Sharon L. Bookamire, verify that the statements made in this Complaint are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unworn falsification to authorities.
Sharon L. Boo e
Plaintiff
U
Date
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Document R 135061
CERTIFICATE OF SERVICE
I, Richard R. Gan, Esquire, hereby certify that I served a true and exact copy of Complaint
for Custody with reference to the foregoing action by First Class Mail, postage prepaid, this _ day
of 2005 on the following:
Douglas J. Bookamire
10 Grinnel Drive
Camp Hill, PA 17011
Law Offices of Richard R. Gan
Carlisle, Pa 17013
717-241-4300
I.D. 68721 .
T
Document 0 135061
17 West South Street
b
SHARON L. BOOKAMIRE,
Plaintiff
V.
DOUGLAS J. BOOKAMIRE,
Defendant
AND NOW, this day of
2005, you, are ORDERED to appear
in person in the Custody Mediation Office, Fourth Floor, Cumberland County Court House, High
and Hanover streets, Carlisle, Pennsylvania on
o'clock a.m./p.m. for a Custody Mediation Conference.
at
If you fail to appear as provided by this Order, an Order for custody may be entered against
you or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County lawyer Referal Service
2 Liberty Avenue
Carlisle, PA 17013
Phone 717 249 3166
BY THE COURT:
Date
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. C)-5-- `7/a oo C.w? UA ty%,.
CIVIL ACTION - LAW
COMPLAINT FOR CUSTODY
ORDER
Custody Conference Officer
Document 4 135061
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SHARON L. BOOKAMIRE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DOUGLAS J.BOOKAMIRE
DEFENDANT
05-4200 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, August 24, 2005 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse Carlisle on Tuesday, September 27, 2005 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Jacqueline M. Verney; Esc ??/
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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SHARON L. BOOKAMIRE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2005-4200 CIVIL TERM
DOUGLAS J. BOOKAMIRE, : CIVIL ACTION - LAW
Defendant
IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this day of CT 2005, upon
consideration of the attach?tody Conciliation Report, it is ordered and directed as
follows:
1. The Mother, Sharon L. Bookamire, and the Father, Douglas J. Bookamire
shall have shared legal custody of Joshua A. Bookamire, born February 25, 1995 and
Kalyn M. Bookamire, born September 24, 1997. Each parent shall have an equal right, to
be exercised jointly with the other parent, to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion.
2. Pending a custody evaluation, Father shall have primary physical custody
of the children.
Mother shall have the following periods of partial physical custody:
A. Alternating weekends, beginning October 7, from Friday after school
or work to Monday morning when Mother shall transport the children
to school. In the event that Mother's weekend coincides with a
Monday school holiday, Mother's weekend shall extend to Tuesday
morning.
B. Every Wednesday overnight from after school or after work to
Thursday morning when Mother shall transport the children to school.
C. Such other times as the parties agree.
4. Thanksgiving shall be shared such that Father shall have physical custody
of the children from 9:00 a.m. to 3:00 p.m. Mother shall have physical custody of the
children from 3:00 p.m. to Sunday at 12:00 noon.
5. Christmas shall be divided into two Blocks. Block A shall be from
Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from
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Christmas Day at 12:00 noon to December 26 at 1200 noon. Mother shall have Block A
in 2005. Father shall have Block B in 2005.
6. Mother shall have physical custody of the children on Mother's Day;
Father shall have physical custody of the children on Father's Day, both at times as
agreed by the parties.
7. The parties shall cooperate with a custody evaluation by a custody
evaluator selected by counsel. Costs shall be shared according to their respective
charges.
8. Mother shall be responsible for all transportation unless otherwise agreed.
9. Neither parent shall do or say, nor permit a third party to do or say
anything that 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.
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. Counsel
for either party may contact the conciliator for another conciliation conference once the
evaluation is complete.
BY THE COURT,
J.
cc:4<1'chard Gan, Esquire, Counsel for Mother
.,Richard Rupp, Esquire, Counsel for Father
4 •_c7
SHARON L. BOOKAMIRE,
Plaintiff
V.
DOUGLAS J. BOOKAMIRE,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 2005-4200 CIVIL TERM
: 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 subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Joshua A. Bookamire February 25, 1995 Father
Kalyn M. Bookamire September 24, 1997 Father
2. A Conciliation Conference was held in this matter on September 27, 2005,
with the following individuals in attendance: The Mother, Sharon L. Bookamire, with her
counsel, Richard Gan, Esquire and Father, Douglas J. Bookamire, with his counsel,
Richard Rupp, Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
Date acq elm ine M. Verney, Esquire
Custody Conciliator
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SHARON L. BOOKAMIRE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
DOUGLAS J. BOOKAMIRE, : NO. 05-4200 CIVIL ACTION
Defendant : IN CUSTODY
PETITION TO MODIFY TEMPORARY CUSTODY ORDER
AND NOW comes Sharon L. Bookamire, Petitioner, by her attorney, Richard R. Gan and
Brings the following Petition to Modify Temporary Custody Order and respectfully
Represents the following:
1. Petitioner is Sharon L. Bookamire, currently resides at 124 2nd Street, Enola Pa 17025.
2. Respondent is Douglas J. Bookamire, who currently resides at 10 Grinnell Drive, Camp
Hill Pennsylvania, 17011.
3. Plaintiff and Defendant entered into a stipulated order for Custody on October 4d' 2005, a
copy of which is attached hereto.
4. At the time of entry of this stipulation, the defendant represented that he was leaving the
third shift and was going to work days permanently.
5. That this was a misrepresentation to the Plaintiff and to the Conciliator in that he changed
shifts for the purpose of this proceeding only.
6. That it was anticipated this proceeding would conclude within 3-4 months after this
stipulation and order were entered.
7. That is it one year later and this matter continues with little or no progress.
4
8. That there is no logical or legal reason that the parties should not enjoy joint physical
custody during the remaining term of this proceeding.
9. That the Plaintiff is well and able to care for her children, meet all of their needs and to
get them to and from school and extra curricular events.
10. That the Plaintiffs children are currently being cared for by a baby sitter when they would
be better served in the custody of their mother.
11. That there is no logical, legal or factual foundation for the continued custody arrangement
in which the Plaintiff mother enjoys weekend visitation only.
WHEREFORE, Petitioner respectfully prays this honorable court, based on the
foregoing Petition to Modify, enter an Order:
a. Granting Plaintiff mother, Sharon Bookamire full, joint physical custody during
the remaining pendency of this divorce proceeding and until further order of this
court.
b. Refer this petition to Jacqueline M. Verney, Esquire, Conciliator for further
investigation and recommendation.
c. Order that the defendant's current petition for support be held in abeyance until
this court has ruled on this petition.
Respectfully Submitted,
The Law Offices of Richard R.
Richard R. Gan, Esquire
Attorney I.D. 68721
17 West South Street
Carlisle, Pennsylvania, 17013 / 717-2414300
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SHARON L. BOOKAMIRE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2005-4200 CIVIL TERM
DOUGLAS J. BOOKAMIRE, : CIVIL ACTION - LAW
Defendant
IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this 4 day of au.) , 2005, upon .
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Mother, Sharon L. Bookamire, and the Father, Douglas J. Bookamire
shall have shared legal custody of Joshua A. Bookamire, born February 25, 1995 and
Kalyn M. Bookamire, born September 24, 1997. Each parent shall have an equal right, to
be exercised jointly with the other parent, to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion.
2. Pending a custody evaluation, Father shall have primary physical custody
of the children.
3. Mother shall have the following periods of partial physical custody:
A. Alternating weekends, beginning October 7, from Friday after school
or work to Monday morning when Mother shall transport the children
to school. In the event that Mother's weekend coincides with a
Monday school holiday, Mother's weekend shall extend to Tuesday
morning.
B. Every Wednesday overnight from after school or after work to
Thursday morning when Mother shall transport the children to school.
C. Such other times as the parties agree.
4. Thanksgiving shall be shared such that Father shall have physical custody
of the children from 9:00 a.m. to 3:00 p.m. Mother shall have physical custody of the
children from 3:00 p.m. to Sunday at 12:00 noon.
5. Christmas shall be divided into two Blocks. Block A shall be from
Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from
Christmas Day at 12:00 noon to December 26 at 1200 noon. Mother shall have Block A
in 2005. Father shall have Block B in 2005.
6. Mother shall have physical custody of the children on Mother's Day;
Father shall have physical custody of the children on Father's Day, both at times as
agreed by the parties.
7. The parties shall cooperate with a custody evaluation by a custody
evaluator selected by counsel. Costs shall be shared according to their respective
charges.
8. Mother shall be responsible for all transportation unless otherwise agreed.
9. Neither parent shall do or say, nor permit a third party to do or say
anything that 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.
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. Counsel
for either party may contact the conciliator for another conciliation conference once the
evaluation is complete.
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cc: Richard Gan, Esquire, Counsel for Mother
Richard Rupp, Esquire, Counsel for Father
In T
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Thi
TRUE COPY
estimony whereo
V-J seal of said
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BY THE COURT,
FROM RECORD
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SHARON L. BOOKAMIRE,
Plaintiff
V.
DOUGLAS J. BOOKAMIRE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 05-4200 CIVIL TERM
ORDER OF COURT
AND NOW, this 8th day of November, 2006, upon consideration of Plaintiff's
Petition To Modify Temporary Custody Order, this matter is referred to the custody
conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is
requested to facilitate this referral. The request for modification of a support order
should be filed with the Domestic Relations Office at docket number 893 S 2006, Pacses
No. 761108685.
Richard R. Gan, Esq.
17 West South Street
Carlisle, PA 17013
Attorney for Plaintiff
Richard C. Rupp, Esq.
355 North 21St Street
Suite 205
Camp Hill, PA 17011
Attorney for Defendant
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BY THE COURT,
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SHARON L. BOOKAMIRE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DOUGLAS J. BOOKAMIRE
DEFENDANT
05-4200 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, November 14, 2006 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at_ 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 14, 2006 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By; /s/ Jacqueline M. Verne Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
. Telephone (717) 249-3166
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,IAN 18 2007tai
SHARON L. BOOKAMIRE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2005-4200 CIVIL ACTION - LAW
DOUGLAS J. BOOKAMIRE,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 1?d day of Tap , 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room No. / , of the Cumberland
County Court House, on the )t9t day of , 2007, at / : 3 n
o'clock, f. M., at which time testimony will be taken. For purposes of this Hearing,
the Mother shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least ten days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the prior Order
of Court dated October 4, 2005 shall remain in full force and effect.
3. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
cc?chard Gan, Esquire, counsel for Mother
all
chard Rupp, Esquire, counsel for Father
BY THE COURT,
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SHARON L. BOOKAMIRE,
Plaintiff
V.
DOUGLAS J. BOOKAMIRE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2005-4200 CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr., J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Joshua A. Bookamire February 25, 1995 Father
Kalyn M. Bookamire September 24, 1997 Father
2. A Conciliation Conference was held January 16, 2007 with the following
individuals in attendance: The Mother, Sharon L. Bookamire, with her counsel, Richard
Gan, Esquire, and the Father, Douglas J. Bookamire, with his counsel, Richard Rupp,
Esquire.
3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court
dated October 4, 2005 providing for shared legal custody, Father having primary physical
custody and Mother having alternating weekends, Friday to Monday and every
Wednesday overnight.
4. Mother's position on custody is as follows: Mother seeks shared legal and
shared physical custody. Mother asserts that Father works the night shift and the children
stay with a babysitter during Father's periods of custody when they could be with
Mother. Mother maintains that she is an appropriate caregiver. A custody evaluation is
in process and should be finalized prior to the hearing.
5. Father's position on custody is as follows: Father seeks to maintain the
status quo. He objects to Mother having shared physical custody as Mother did not show
interest or concern for the children at the time of separation.
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6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and maintaining the status quo. It is expected that the Hearing will require
one-half day.
`- 1?
Date
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acqu dine A Verney, Esquire
Custody Conciliator
SHARON L. BOOKAMIRE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
DOUGLAS J. BOOKAMIRE, :
Defendant : NO. 05-4200 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of May, 2007, upon consideration of Plaintiff's Petition
for Contempt and Sanctions, a Rule is hereby issued upon Defendant, to show cause why
the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
ichard R. Gan, Esq.
17 West South Street
Carlisle, PA 17013
Attorney for Plaintiff
chard C. Rupp, Esq.
355 North 21St Street
Suite 205
Camp Hill, PA 17011
Attorney for Defendant
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J esley Oler, Jr., J.
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SHARON L. BOOKAMIRE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
DOUGLAS J. BOOKAMIRE, :
Defendant : NO. 05-4200 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of May, 2007, upon consideration of Plaintiff's Petition
To Modify Temporary Custody Order, with respect to the parties' children, Kalyn M.
Bookamire (d.o.b. September 24, 1997) and Joshua A. Bookamire (d.o.b. February 25,
1995), it is ordered and directed as follows:
1. Legal custody of the children shall be shared by the parties;
2. Primary physical custody of the children shall be in Defendant,
the father;
3. Temporary or partial physical custody of the children shall be
in Plaintiff, the mother, at the following times:
a. During the school year,
(1) On alternating weekends, from
Friday after school or work to Monday morning
when Plaintiff shall transport the children to
school. In the event that Plaintiff's weekend
coincides with a Monday school holiday,
Plaintiff's weekend shall extend to Tuesday
morning;
(2) Each week, from Tuesday after
school or after work to Thursday morning when
Plaintiff shall transport the children to school;
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b. During the summer, for one week out of three,
commencing with the week immediately following the
completion of the school year.
4. Thanksgiving shall be shared such that Defendant shall have
physical custody of the children from 9:00 a.m. to 3:00 p.m., and
Plaintiff shall have physical custody of the children from 3:00 p.m. to
Sunday at 12:00 noon;
5. Christmas shall be divided into two Blocks. Block A shall be
from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon.
Block B shall be from Christmas Day at 12:00 noon to December 26
at 12:00 noon. Plaintiff shall have Block A and Defendant shall have
Block B in odd-numbered years, and Defendant shall have Block A
and Plaintiff shall have Block B in even-numbered years;
6. Except as otherwise provided herein, the party receiving
custody shall be responsible for transportation;
7. The parties shall attend co-parenting sessions with a co-
parenting coordinator, the expense of which shall be shared equally by
the parties;
8. Nothing herein is intended to preclude the parties from
deviating from the terms of this order by mutual agreement.
BY THE COURT,
esley Ole, r., J.
ichard R. Gan, Esq.
17 West South Street ,
Carlisle, PA 17013
Attorney for Plaintiff
A
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hard C. Rupp, Esq.
355 North 21 Street
Suite 205
Camp Hill, PA 17011
Attorney for Defendant
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SHARON L. BOOKAMIRE,
Plaintiff
V.
DOUGLAS J. BOOKAMIRE,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - IN CUSTODY
NO. 05-400 CIVIL TERM
b5- VLOO /406
NOTICE OF APPEAL
Notice is hereby given that Sharon Bookamire, Plaintiff above named, hereby appeals to the
Superior Court of Pennsylvania from the order entered in this matter on the 10`h day of May 2007.
This order has been entered in the docket as evidenced by the attached copy of the docket entry and
Order attached hereto.
By Richard R. Gan
17 West South Street
Carlisle, Pa 17013
Rwelved in Superior Court
JUN 0 8 2007
Respectfully Submitted,
SHARON L. BOOKAMIRE,
Plaintiff
V.
DOUGLAS J. BOOKAMIRE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-4200 CIVIL TERM
ORDER OF COURT
AND NOW, this 9`h day of May, 2007, upon consideration of Plaintiff's Petition
To Modify Temporary Custody Order, with respect to the parties' children, Kalyn M.
Bookamire (d.o.b. September 24, 1997) and Joshua A. Bookamire (d.o.b. February 25,
1995), it is ordered and directed as follows:
1. Legal custody of the children shall be shared by the parties;
2. Primary physical custody of the children shall be in Defendant,
the father;
3. Temporary or partial physical custody of the children shall be
in Plaintiff, the mother, at the following times:
a. During the school year,
(1) On alternating weekends, from
Friday after school or work to Monday morning
when Plaintiff shall transport the children to
school. In the event that Plaintiff's weekend
coincides with a Monday school holiday,
Plaintiff's weekend shall extend to Tuesday
morning;
(2) Each week, from Tuesday after
school or after work to Thursday morning when
Plaintiff shall transport the children to school;
r
c
b. During the summer, for one week out of three,
commencing with the week immediately following the
completion of the school year.
4. Thanksgiving shall be shared such that Defendant shall have
physical custody of the children from 9:00 a.m. to 3:00 p.m., and
Plaintiff shall have physical custody of the children from 3:00 p.m. to
Sunday at 12:00 noon;
5. Christmas shall be divided into two Blocks. Block A shall be
from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon.
Block B shall be from Christmas Day at 12:00 noon to December 26
at 12:00 noon. Plaintiff shall have Block A and Defendant shall have
Block B in odd-numbered years, and Defendant shall have Block A
and Plaintiff shall have Block B in even-numbered years;
6. Except as otherwise provided herein, the party receiving
custody shall be responsible for transportation;
7. The parties shall attend co-parenting sessions with a co-
parenting coordinator, the expense of which shall be shared equally by
the parties;
8. Nothing herein is intended to preclude the parties from
deviating from the terms of this order by mutual agreement.
BY THE COURT,
?Wesley Ole , r., J.
ichard R. Gan, Esq.
17 West South Street
Carlisle, PA 17013
Attorney for Plaintiff
Th .....f) '
p t tart
08485906072007 Cumberland County Prothonotary's Office Page 1
PYS510 Civil Case Print
20015-04200 BOOKAMIRE SHARON L (vs) BOOKAMIRE DOUGLAS J
Reference No... Filed......... 8/17/2005
Case Type...... COMPLAINT - CUSTODY Time.......... 9:17
Judgment...... 00 Execution Date 0/00/0000
Judge Assigned: OLER J WESLEY JR Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.:
Higher Crt 2.:
********************************************************************************
General Index Attorney Info
BOOKAMIRE SHARON L PLAINTIFF GAN RICHARD R
10 GRINNEL DRIVE
CAMP HILL PA 17011
BOOKAMIRE DOUGLAS J DEFENDANT
10 GRINNEL DRIVE
CAMP HILL PA 17011
********************************************************************************
*'' bate Entries
********************************************************************************
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - -
8/17/2005 COMPLAINT - CUSTODY
-----------------------------------------7-------------------------
8/25/2005 ORDER OF COURT - DATED 8/24/05 - IN RE CUSTODY - HEARIN GAT 4TH
FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE PA ON 9/27/05 AT 8;30
AM - FOR THE COURT JACQUELINE M VERNEY ESQ CUSTODY CONCILAITOR
COPIES MAILED
-------------------------------------------------------------------
10/05/2005 OFSCOURTC- DATEDTI0/4/05F- BYCTHE COURT JREWESLEPORT
MAILED
-------------------------------------------------------------------
11/O1/2006 PETITION TO MODIFY TEMPORARY CUSTODY ORDER - BY RICHARD R GAN ATTY
FOR PLFF
-------------------------------------------------------------------
11/09/2006 ORDER OF COURT - 11-08-06 - IN RE: PLFF'S PETITION TO MODIFY
TEMPORARY CUSTODY ORDER - MATTER IS REFERRED TO CUSTODY
=y`t CONCILIATION PROCESS - REQUEST FOR MODIFICATION OF A SUPPORT ORDER
SHOULD BE FILED WITH DRO AT DOCKET #893 S 2006 - PACSES #761108685
- BY J WESLEY OLER JR J - COPIES MAILED 11-09-06
r.
-------------------------------------------------------------------
Y1/15/2006 ORDER OF COURT - 11-14-06 - IN RE: PRE-HEARING CUSTODY CONFERENCE
12-14-06 AT 9:30 AM ON 4TH FLR CUMB CO COURTHOUSE - FOR THE COURT
BY JACQUELINE M VERNEY ESQ CUSTODY CONCILIATOR - COPIES MAILED
11-15-06
-------------------------------------------------------------------
1/19/2007 ORDER OF COURT - 01-18-07 - IN RE: CUSTODY CONCILIATION REPORT -
HEARING 05-07-07 AT 1:30 PM IN CR 1 CUMB CO COURTHOUSE - BY J
WESLEY OLER JR J - COPIES MAILED 01-19-07
-------------------------------------------------------------------
5/09/2007 ORDER OF COURT - 05-09-07 - IN RE: RULE ISSUED UPON DEFT TO SHOW
CAUSE WHY RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE
WITHIN 20 DAYS OF SVC - BY J WESLEY OLER JR J - COPIES MAILED
05-09-07
or
----------=--------------------------------------------------------
5/10/2007 ORDER OF COURT - 05-09-07 - IN RE: PLFF'S PETITION TO MODIFY TEMP
CUSTODY ORDER - BY J WESLEY OLER JR J - COPIES MAILED 05-10-07
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information
* Fees & Debits Bw Bal Pjmts/Ad? End Bal
-CUSTODY AGMT 85.00 85.00 .00
TAX ON AGMT .50 .50 .00
SETTLEMENT 5.00 5.00 .00
AUTOMATION FEE 5.00 5.00 .00
JCP FEE 10.00 10.00 .00
CUSTODY FEE 4.80 4.80 .00
1?1
? r (F
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SHARON L. BOOKAMERE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION -DIVORCE / Custody
NO. 05-4200 / 05-273
DOUGLAS J. BOOKAM RE,
Defendant
PROOF OF SERVICE BY FIRST CLASS MAIL
I, Richard R. Gan, Esquire, do hereby certify that on May 9, 2007 a copy of Plaintiffs
Notice of appeal was served by first class mail upon the following individuals:
Richard C. Rupp Esq.
355 North 21" Street
Suite 205
Camp Hill, PA 17011
Honorable J. Wesley Oler
Cumberland County Court of Common Pleas
High and Hanover Streets
Carlisle, Pa 17013
Gan Law Group
Attorney I.D. No. 68721
17 West South Street
Carlisle, PA 17013
(717) 241-4300
Attorneys for Plaintiff
Dated:
Document #: 181832.1
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SHARON L. BOOKAMIRE,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - IN CUSTODY
DOUGLAS J. BOOKAMIRE, : NO.O&W CIVIL TERM
Defendant 054200
NOTICE OF APPEAL / REQUEST FOR TRANSCRIPT
Notice is hereby given that Sharon Bookamire, Plaintiff above named, hereby appeals to the
Superior Court of Pennsylvania from the order entered in this matter on the I Wh day of May 2007.
This order has been entered in the docket as evidenced by the attached copy of the docket entry and
Order attached hereto. Inasmuch as this Notice of appeal has been filed in this matter, we
respectfully request that the court reporter shall produce, certify and file the transcript in this matter
in conformity with Rule 1922 of the Pennsylvania Rules of Appellate procedure.
1
Richard R. Gan, Esq Dated
Gan Law Group
17 West South Street
Carlisle, Pa 17013
717-241-4300
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COMMONWEALTH OF PENNSYLVANIA
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Superior Court of Pennsylvania
Karen Reid Bramblett, Esq.
Prothonotary
James D. McCullough, Esq.
Deputy Prothonotary
Mr. Curtis R. Long
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Re: 1009 MDA 2007
Sharon Bookamire, Appellant
V.
Douglas J. Bookamire
Dear Mr. Long:
Middle District 100 Pine Street. Suite 400
Harrisbure. PA 17101
June 13, 2007 717-772-1294
www.superior.court.state.pa.us
Enclosed please find a copy of the docket for the above appeal that was recently filed in the
Superior Court. Kindly review the information on this docket and notify this office in writing if
you believe any corrections are required.
Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517,
for completion and filing. Please note that Superior Court Dockets are available on the Internet
at the Web site address printed at the top of this page. Thank you.
Very truly yours,
Karen Reid Bramblett, Esq.
Prothonotary
TP
Enclosure
2:13 PA
Appeal Docket Sheet
Docket Number:
1009 MDA 2007
Superior Court of Pennsylvania
Z*L
Page 1 of 2
June 13, 2007
Sharon Bookamire, Appellant
V.
Douglas J. Bookamire
Initiating Document: Notice of Appeal
Case Status: Active
Case Processing Status: June 12, 2007
Journal Number:
Case Category: Domestic Relations
Awaiting Original Record
CaseType: CustodyNisitation
Consolidated Docket Nos.:
Related Docket Nos.:
SCHEDULED EVENT
Next Event Type: Receive Docketing Statement
Next Event Type: Original Record Received
Next Event Due Date: June 27, 2007
Next Event Due Date: July 23, 2007
COUNSEL INFORMATION
Appellant Bookamire, Sharon
Pro Se: Appoint Counsel Status:
IFP Status: No
Appellant Attorney Information:
Attorney: Gan, Richard Raymond
Bar No.: 68721 Law Firm: Gan Law Group
Address: 17 W South Street
Carlisle, PA 17013
Phone No.: (717)241-4300 Fax No.: (717)243-5175
Receive Mail: Yes
E-Mail Address: richgan@earthlink.net
Receive E-Mail: Yes
Appellee Bookamire, Douglas J.
Pro Se: Appoint Counsel Status:
IFP Status:
Appellee Attorney Information:
Attorney: Rupp, Richard Charles
Bar No.: 34832 Law Firm: Rupp & Meikle, P.C.
Address: 355 North 21st St Ste 201
Camp Hill, PA 17011-3707
Phone No.: (717)761-3459 Fax No.: (717)730-0214
Receive Mail: Yes
E-Mail Address:
Receive E-Mail: No
6/13/2007 3023
2:13 P.M.
Appeal Docket Sheet
Docket Number: 1009 MDA 2007
Superior Court of Pennsylvania
Paae 2 of 2 Ad*
June 13, 2007
FEE INFORMATION
Paid
Fee Date Fee Name Fee Amt Amount Receipt Number
6/11/07 Notice of Appeal 60.00 60.00 2007SPRMD000527
TRIAL COURVAGENCY INFORMATION
Court Below: Cumberland County Court of Common Pleas
County: Cumberland Division: Civil
Date of Order Appealed From: May 10, 2007 Judicial District: 9
Date Documents Received: June 12, 2007 Date Notice of Appeal Filed: June 11, 2007
Order Type: Order Entered OTN:
Judge: Oler, Jr., J. Wesley
Judge
Lower Court Docket No.: 05-4200
ORIGINAL RECORD CONTENTS
Original Record Item Filed Date Content/Description
Date of Remand of Record:
BRIEFS
DOCKET ENTRIES
Filed Date Docket Entry/Document Name Party Type Filed By
June 12, 2007 Notice of Appeal Filed
Appellant Bookamire, Sharon
June 13, 2007 Docketing Statement Exited (Domestic Relations)
Middle District Filing Office
6/13/2007
3023
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SHARON L. BOOKAMIRE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
DOUGLAS J. BOOKAMIRE, :
Defendant : NO. 05-4200 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of June, 2007, upon consideration of the Notice of
Appeal filed in the above-captioned matter, Appellant is DIRECTED, pursuant to Pa.
R.A.P. 1925(b), to file of record in this Court and to serve upon the undersigned judge a
concise Statement of Matters Complained of on Appeal no later than 14 days after entry
of this Order.
Yhard R. Gan, Esq.
17 W. South Street
Carlisle, PA 17013
Attorney for Appellant
chard C. Rupp, Esq.
355 N. 21St Street t
Suite 201 V
Camp Hill, PA 17011-3707
Attorney for Appellee
:rc
BY THE COURT,
C//,,,
J. esley Old, Jr., J.
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MYIONOc#.tNd 3Hl 30
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SHARON L. BOOKAMIRE,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - IN CUSTODY
DOUGLAS J. BOOKAMIRE, : NO. 05- 4200 CIVIL TERM
Defendant
CONCISE STATEMENT OF MATTERS COMPLAINED
NOW COMES THE Plaintiff / Appellant herein, Sharon Bookamire by and through
her attorneys, Gan Law Group and for her Concise Statement of Matters Complained states as
follows:
The substantial body of evidence in this custody proceeding was a highly detailed report
prepared by Deborah Salem of INTERWORKS. The entire family was evaluated, in detail.
The recommendation STRONGLY RECOMMENDED equal custody between mother and
father. Plaintiff mother deferred to the report and did not testify as it would have added
nothing to the courts understanding of the custody hearing. Defendant / Father testified that
he had expressed everything to Interworks / Deborah Salem and had nothing to add during the
hearing. As such, the great weight of evidence would have the court find that the report was
comprehensive, accurate and a foundation from which to award equal custody to both parents.
Rather, the court granted primary physical custody to the Defendant / Father which is wholly
r,, ,,.
inconsistent with the recommendations contained in the report. Essentially, the courts' ruling
is inconsistent with the evidence presented.
By Richard R. Gan
17 West South Street
Carlisle, Pa 17013
ID 68721
717-241-4300
Resnectfuliv Submitted-
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SHARON L. BOOKAMIRE,
Plaintiff
V.
DOUGLAS J. BOOKAMIRE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 05-4200 CIVIL TERM
IN RE: OPINION PURSUANT TO PA. R.A.P. 1925
OLER, J., October 8, 2007.
In this custody case, Plaintiff Sharon L. Bookamire has filed an appeal to the
Pennsylvania Superior Court from an order granting her shared legal custody and partial
physical custody of Kalyn M. Bookamire and Joshua A. Bookamire. The order appealed
from reads as follows:
1. Legal custody of the children shall be shared by the parties;
2. Primary physical custody of the children shall be in Defendant, the father;
3. Temporary or partial physical custody of the children shall be in Plaintiff, the mother,
at the following times:
a. During the school year,
(1) On alternating weekends, from Friday after school or work to Monday
morning when Plaintiff shall transport the children to school. In the event that
Plaintiff's weekend coincides with a Monday school holiday, Plaintiff's weekend
shall extend to Tuesday morning;
(2) Each week, from Tuesday after school or after work to Thursday morning
when Plaintiff shall transport the children to school;
b. During the summer, for one week out of three, commencing with the week
immediately following the completion of the school year'
4. Thanksgiving shall be shared such that Defendant shall have physical custody of the
children from 9:00 a.m. to 3:00 p.m., and Plaintiff shall have physical custody of the
children from 3:00 p.m. to Sunday at 12:00 noon;
1 Order of Court, May 9, 2007.
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5. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at
12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at
12:00 noon to December 26 at 12:00 noon. Plaintiff shall have block A and Defendant
shall have Block B in odd-numbered years, and Defendant shall have Block A and
Plaintiff shall have Block B in even-numbered years;
6. Except as otherwise provided herein, the party receiving custody shall be responsible
for transportation;
7. The parties shall attend co-parenting sessions with a co-parenting coordinator, the
expense of which shall be shared equally by the parties;
8. Nothing herein is intended to preclude the parties from deviating from the terms of
this order by mutual agreement.
The ground for Plaintiff's appeal is that the order, by not granting shared physical
custody of the children to Plaintiff, was "wholly inconsistent with the recommendations
contained in the [custody evaluation] report" prepared by Interworks, a family counseling
center.2
This opinion in support of the custody order granting partial physical custody to
Plaintiff is written pursuant to Pennsylvania Rule of Appellate Procedure 1925(a).
STATEMENT OF FACTS
Plaintiff, Sharon L. Bookamire, resides at 124 Second Street, Enola, Cumberland
County, Pennsylvania.3 Defendant, Douglas J. Bookamire, resides at 10 Grinnel Drive,
Camp Hill, Cumberland County, Pennsylvania.4 The parties were married on October 16,
1993.5 Plaintiff filed a complaint for divorce in January of 2005; the divorce action is
z Plaintiff's Statement of Matters Complained, filed July 12, 2007.
3 N.T. 4, hearing, May 7,2007 (hereinafter N.T. ?.
4 N.T. 45.
5 N.T. 5.
2
still pending.6 Two children were born of the marriage: Joshua A. Bookamire (d.o.b.
February 25 1995) and Kalyn M. Bookamire (d.o.b. September 24, 1997). The children
attend school in the Cedar Cliff School Districts Plaintiff mother currently resides
outside the Cedar Cliff School District in Cumberland County, Pennsylvania.9
Defendant's home, which was the marital residence, is within the Cedar Cliff School
District.10
Problems in the marriage began the year after the birth of the parties' first child.
Plaintiff was diagnosed with postpartum depression in 1996 and has been prescribed
medication to treat it "off and on" since then.' 1 In 1997, Plaintiff had her first
extramarital affair. In 2003, Plaintiff had a "series" of extramarital affairs.12 Also,
around this same time, Plaintiff began drinking on a daily basis and using illegal drugs.
Plaintiff s drug use included a six-month period of daily marijuana use and the occasional
use of cocaine.'3 Both parties sought and received individual counseling in 2004 -
Plaintiff for three months for depression 14 and Defendant for approximately one year
after learning of Plaintiff's second extramarital affair. 15
6 Plaintiff's Exhibit 1, at 5, hearing, May 7, 2007 (hereinafter Plaintiff's Exhibit-).
N.T. 5.
s N.T. 16.
91d.
N.T. 15.
" Plaintiff's Exhibit 8.
12 Id.
13 Id., at 9. The Custody Evaluation Report further stated that Plaintiff claimed to have stopped using
illegal drugs but admitted to some daily use of alcohol. Id.
3
During the period from February, 2004, until the Plaintiff moved out of the marital
home in September, 2005, the couple spent little, if any, time together. 16 Defendant
father worked nights. Defendant would return from work in the mornings at
approximately 7:30 a.m., at which point Plaintiff would either remain asleep or depart for
the day. Defendant would then get the children off to school. In the evening, after
Defendant had put the children to bed, Plaintiff would return to the home at
approximately 9:40 p.m to sleep. 17 Plaintiff spent little time with the children during this
period, leaving Defendant to care for them.
It was during this period, in January, 2005, that Plaintiff filed a complaint for
divorce. She moved out of the marital home in September, 2005, and began residing with
a man named Russell Burnhisel of Enola, Cumberland County, Pennsylvania, to whom
Plaintiff has since purportedly become engaged. 18 Mr. Burnhisel has two children from a
previous marriage. 19 The extent to which Mr. Burnhisel's children reside at the home in
Enola is unclear from the record.
The parties participated in their first custody conciliation conference on September
27, 2005 - shortly after Plaintiff moved out of the marital home. A temporary custody
order was entered by this court upon recommendation of the Custody Conciliator and
14 Id, at 8.
15 Id, at 13.
16 N.T. 48.
" N.T. 47.
18 Plaintiff's Exhibit 7.
" N.T. 20.
4
agreement of the parties on October 4, 2005. The order provided that the parties share
legal custody of the children and that, "[p]ending a custody evaluation, Father ... have
primary physical custody of the children .,,20 The order further provided that Plaintiff
mother have temporary or partial physical custody on alternating weekends and every
Wednesday evening after school or work until Thursday morning. 21
An October 2005 incident involving Plaintiff is illustrative of the persistence of
some of Plaintiff's problems. Plaintiff became intoxicated and involved in an argument
with Russell Burnhisel at his residence in Enola. Neighbors notified the police and
Plaintiff was taken to a local hospital. It is unclear from the record whether the
Bookamire children or Mr. Burnhisel's children were present at the residence at that
time.22
Despite an initial disagreement between the parties as to who would conduct the
custody evaluation, an entity known as Interworks began the custody evaluation on
September 14, 2005.23 Interworks is a small therapy center specializing in family
issues. 24 The evaluation process ended February 14, 2007, and a report, prepared by
Interworks director Deborah Salem, was then submitted to the parties' attorneys. 25
t
20 Order of Court, October 4, 2005.
21 Id.
22 N.T. 31; See also Plaintiff's Exhibit 4, 9.
23 Plaintiff's Exhibit 1.
24 N.T. 7.
25 N.T. 9; Plaintiff's Exhibit coversheet.
5
Plaintiff filed a petition to modify the Temporary Custody Order on November 1,
2006. Following a second custody conciliation conference, a hearing was held before
this court on May 7, 2007. At the hearing, Plaintiff chose not to testify. Instead, she
relied on the testimony of Deborah Salem of Interworks and the report prepared by Ms.
Salem. Deborah Salem testified on behalf of Plaintiff as an expert in the areas of custody
evaluation and family therapy. 26 Ms. Salem opined that Plaintiff should be awarded
equal physical custody of the children. 27 Specifically, Ms. Salem recommended that
Plaintiff have one more day with the children per week throughout the year.28 Ms. Salem
stated that she based her recommendation on her belief that Plaintiff had shown herself
able "to seek change, to carry out change, [and] to be invested in her children," adding
that the children "showed a strong attachment to [Plaintiff]," a "longing."29 Ms. Salem
also based her recommendation on concern that Defendant's "trouble moving on
[emotionally] is impacting on the children."30 Ms. Salem also recommended that both
parents attend co-parenting sessions. 31
26 N.T. 8.
27 N.T. 13 - 14.
2s N.T. 11.
29 N.T. 29.
3' N. T. 36-37.
3' N.T. 12.
6
Defendant testified on his own behalf.32 He emphasized, inter alia, that he had
been the primary caregiver with respect to the children 33 and that he had taken
responsibility for the "safety and wellbeing of the children,"34 including their education.35
Plaintiff's counsel argued that his client should be given equal physical custody
with the Defendant based on the recommendation contained in the custody evaluation
report. 36 Following the hearing, the court entered the order of May 9, 2007, quoted
above, increasing the amount of Plaintiff's temporary or partial physical custody of the
children but stopping short of granting her equal physical custody. This custody order
increased Plaintiff's temporary or partial physical custody of the children by granting her
one more day of custody per week during the children's school year. It also awarded
Plaintiff temporary or partial physical custody for one week out of three during the
children's summer recess. 37 The effect of the order was to provide Plaintiff mother with
approximately 172 overnights with the children per year, a number only marginally less
than absolute shared physical custody. 38 This is the order now on appeal.
12 N.T. 53.
33 N.T. 48.
14 N.T. 52.
" See N.T. 49.
36 N.T. 56.
37 Order of Court, May 9, 2007.
38 This represents an increase in Plaintiff's physical custody from approximately thirty-seven percent
under the Order of Court filed on October 4, 2005, to approximately forty-seven percent under the Order
of Court filed May 9, 2007.
7
Plaintiff argues in her Statement of Matters Complained of on Appeal that, "the
substantial body of evidence was a highly detailed report prepared by Deborah Salem of
Interworks." 39 Plaintiff contends that the report "strongly recommended equal custody
between mother and father. ,40 By continuing "primary physical custody [in] the
Defendant," Plaintiff claims, "the courts' [sic] ruling is inconsistent with the evidence
presented." 41
DISCUSSION
Custody orders may be modified upon a showing by either party that a change in the
current custody arrangement would be in the best interest of the child. B.B. v. M.M.B.,
448 Pa. Super. 133, 141, 670 A.2d 714, 718 (1996); see also 23 Pa. C.S. §5310 (West
2001). The paramount concern of the court in such cases is the best interest of the child;
all other considerations are deemed subordinate to the child's physical, intellectual,
moral, and spiritual wellbeing. Warren v. Rickabaugh, 410 Pa. Super. 431, 435, 600
A.2d 218, 220 (1991). In this case, in order to determine the best interests of the children
involved, the court considered all of the evidence, including the testimony of Defendant
and Ms. Salem, as well as Ms. Salem's custody evaluation report.
Some concerns about Plaintiff still exist. Although Plaintiff has been in a relationship
with Mr. Burnhisel for approximately three years, the record contains no information on
his interaction with the children. There is also no information concerning Mr. Burnhisel's
39 Plaintiff's Statement of Matters Complained, filed July 12, 2007.
ao Id.
8
interaction with Mr. Burnhisel's own children or how the parties' children interact with
his children or even when those children are present in the home. Also, despite the
custody evaluator's contention in the custody evaluation report that Plaintiff no longer
abuses alcohol, the October, 2005 incident as well as the report's statement that Plaintiff
continues to use alcohol daily cast doubt on that assertion. In addition, Plaintiff has a
history of depression and it is unclear from the record whether she is currently receiving
treatment.
Defendant has provided a safe, stable environment for the children for the past four
years. He has nurtured their academic development and provided structure in their daily
lives.42 As the Superior Court has noted, "[w]hen a child receives love, guidance,
companionship, and direction from a parent on a consistent basis, a firm foundation is
being laid for the child's future healthy development." Gonzalez v. Gonzalez, 337 Pa.
Super. 1, 8, 486 A.2d 449, 452 (1984). In short, Defendant has been the primary
caregiver and "the trial court must give positive weight to the parent who has been the
primary caregiver," even if both parents are fit. Gonzalez v. Gonzalez, 337 Pa. Super. 1,
8, 486 A.2d 449, 453 (1984) (citing Hugo v. Hugo, 288 Pa. Super. 1, 430 A.2d 1183
(1981)). In addition, Plaintiff's history with respect to the family has been less than
entirely responsible.
Although the opinions of expert witnesses, whether involving custody matters or not,
should be afforded consideration, they are not binding on the court. Watters v. Watters,
41 Id.
42 N.T. 52.
9
2000 Pa. Super. 224, ¶5, 757 A.2d 966, 968-69 (Pa. Super. Ct. 2000). In accordance with
this principle, the court adopted in part Ms. Salem's recommendation that Plaintiff
mother be awarded an additional day of physical custody each week and that the parents
submit to co-parenting counseling but did not delegate to her responsibility for the entire
order. Plaintiff's assertion that the court's May 9, 2007, order was "wholly inconsistent
with the recommendations contained in the [Interworks'] report"43 is simply not accurate.
CONCLUSION
In summary, the custody evaluator's testimony and report, while entitled to
consideration, were not binding on the court. Indeed, some of her recommendations were
adopted. However, Defendant father has provided a safe and stable home for the children
for nearly four years, and the court was not convinced of the wisdom from the children's
standpoint of expanding Plaintiff's physical custody rights to a totally shared custody
arrangement.
chard R. Gan, Esquire
Attorney for Plaintiff
chard C. Rupp, Esquire J
Attorney for Defendant
43 Plaintiff's Statement of Matters
10
By the Court,
CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C)
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
SUPERIOR COURT OF PENNSYLVANIA
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record, including an opinion of the court as required
by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if any, and the docket entries in the following matter:
Sharon L. Bookamire
VS.
Douglas J. Bookamire
05-4200 Civil
1009 MDA 2007
The documents comprising the record have been numbered from No.1 to 114, and
attached hereto as Exhibit A is a list of the documents correspondingly numbered and
identified with reasonable definiteness, including with respect to each document, the
number of pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is 10/18/2007 .
C149 'L
e"W
Curtis . Long, Prothonotary
Regina Lebo
An additional copy of this certificate is enclosed. Please sign and date copy, thereby
acknowled in receipt of this record.
Date Signature & Title
Commonwealth of Pennsylvania
ss:
County of Cumberland
In TESTIMONY WHEREOF, I have hereunto
this 18th
1, Curtis R. Long , Prothonotary
of the Court of Common Pleas in and for said
County, do hereby certify that the foregoing is a
full, true and correct copy of the whole record of the
case therein stated, wherein
Sharon L. BookamirP
Plaintiff, and D0191as J = Boo ami rp
Defendant , as the same remains of record
before the said Court at No. 09-4200 of
ci vi l Term, A. D. 19 .
set my hand and affixed the seal of said Court
da of - October A. D., *k20.(LZ.
Prothonotary
I Edgar B. Bayley President Judge of the Ninth
Judicial District, composed of the County of Cumberland, do certify that
Curtis R Loncr , by whom the annexed record, certificate and
attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name
and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is
Prothonotary in and for said County of CuTber-la in
the Commonwealth of Pennsylvania, duly commissioned and qu Jed to all f s such full faith
and credit are and ought to be given as well in Courts of judic u as else ere, hat a said record,
certificate and attestation are in due form of law and made a er off. .
v C
President Judge
Commonwealth of Pennsylvania
ss:
County of Cumberland
1, Qi3:tiS R Tung Prothonotary of the Court of Common Pleas in
and for the said County, do certify that the Honorable _dgar B Bay-ley
by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time
of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of
Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts
as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed the seal of said Court this
Mayo A.D. ft2OU.
RKS
Prothonotarv
Among the Records and Proceedings enrolled in the court of Common Pleas in and for the
county of Cumberland in the Commonwealth of Pennsylvania
1009 MDA 2007
to No. 05-4200 Civil Term, 19 is contained the following:
COPY OF Appearance DOCKET ENTRY
Sharon L. Bookamire
VS.
Douglas J. Bookamire
**See Certified Copy of the Docket Entries**
0
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PYS511 Cumberland County Prothonotary's Office Page 1
Civil Case Print
2005-04200 BOOKAMIRE SHARON L (vs) BOOKAMIRE DOUGLAS J
Reference No..: Filed......... 8/17/2005
Case Type.....: COMPLAINT - CUSTODY Time.........: 9:17
Judgment..... 00 Execution Date 0/00/0000
Judge Assigned: OLER J WESLEY JR Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.: 1009MDA 2007
Higher Crt 2.:
********************************************************************************
General Index Attorney Info
BOOKAMIRE SHARON L PLAINTIFF GAN RICHARD R
10 GRINNEL DRIVE
CAMP HILL PA 17011
BOOKAMIRE DOUGLAS J DEFENDANT
10 GRINNEL DRIVE
CAMP HILL PA 17011
********************************************************************************
* Date Entries
********************************************************************************
-- 8/17/2005 COMPLAINT - CUSTODY FIRST ENTRY - - - - - - - - - - - - - -
-------------------------------------------------------------------
8/25/2005 ORDER OF COURT - DATED 8/24/05 - IN RE CUSTODY - HEARI GAT 4TH
FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE PA ON 9/27/05 AT 8;30
AM - FOR THE COURT JACQUELINE M VERNEY ESQ CUSTODY CONCILAITOR
COPIES MAILED
-------------------------------------------------------------------
- f? 10/05/2005 CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND TEMPORARY ORDER
OF COURT - DATED 10/4/05 - BY THE COURT J WESLEY OLER JR J COPIES
MAILED
-------------------------------------------------------------------
/3- ! 7 11/01/2006 PETITION TO MODIFY TEMPORARY CUSTODY ORDER - BY RICHARD R GAN ATTY
FOR PLFF
-----------------------------------------------------------
11/09/2006 ORDER OF COURT - 11-08-06 - IN RE: PLFF'S PETITION TO-MODIFY - - - - - - -
TEMPORARY CUSTODY ORDER - MATTER IS REFERRED TO CUSTODY
CONCILIATION PROCESS - REQUEST FOR MODIFICATION OF A SUPPORT ORDER
SHOULD BE FILED WITH DRO AT DOCKET #893 S 2006 - PACSES #761108685
- BY J WESLEY OLER JR J - COPIES MAILED 11-09-06
-------------------------------------------------------------------
f-?A 11/15/2006 ORDER OF COURT - 11-14-06 - IN RE: PRE-HEARING CUSTODY CONFERENCE
12-14-06 AT 9:30 AM ON 4TH FLR CUMB CO COURTHOUSE - FOR THE COURT
BY JACQUELINE M VERNEY ESQ CUSTODY CONCILIATOR - COPIES MAILED
11-15-06
-------------------------------------------------------------------
1/19/2007 ORDER OF COURT - 01-18-07 - IN RE: CUSTODY CONCILIATION REPORT -
HEARING 05-07-07 AT 1:30 PM IN CR 1 CUMB CO COURTHOUSE - BY J
WESLEY OLER JR J - COPIES MAILED 01-19-07
-------------------------------------------------------------------
5/09/2007 ORDER OF COURT - 05-09-07 - IN RE: RULE ISSUED UPON DEFT TO SHOW
?l CAUSE WHY RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE
WITHIN 20 DAYS OF SVC - BY J WESLEY OLER JR J - COPIES MAILED
05-09-07
-------------------------------------------------------------------
5/08/2007 PETITION FOR CONTEMPT AND SANCTIONS BY RICHARD R GAN ESQ
------------------------------------------------------------------
?f? 33 5/10/2007 ORDER OF COURT - 05-09-07 - IN RE: PLFF'S PETITION TO MODIFY TEMP
CUSTODY ORDER - BY J WESLEY OLER JR J - COPIES MAILED 05-10-07
----------------------------------
------------------------
311 -?j 6/11/2007 POTICE OF APPEAL TO SUPERIOR COURT - BY RICHARD R GAN ATTY FOR -
-------------------------------------------------------------------
j1p-q, 6/14/2007 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 1009 MDA 2007
-------------------------------------------------------------------UPON
THE NOTIC
OF AP 6/21/2007 ORAPPELLANTDER OF / /DIRECTED TO FILENOFDRECORDNINFTHIS COURTEAND TOPEAL
SERVE UPON THE UNDERSIGNED JUDGE A CONCISE STATEMENT OF MATTES
COMPLAINED OF ON APPEAL NO LATER THAN 14 DAYS AFTER ENTRY OF THIS
ORDER J WESLEY OLER JR JUDGE
COPIES MAILED 6/22/07
PYS511 Cumberland County Prothonotary's Office Page 2
Civil Case Print
2005-04200 BOOKAMIRE SHARON L (vs) BOO KAMIRE DOUGLAS J
Reference No... Filed.. ..... 8/17/2005
Case Type. .... COMPLAINT - CUSTODY
Judgment......: 00 T;.me. ... .
Execution Date 9.17
0/00/0000
Judge Assigned: OLER J WESLEY JR Jury Trial....
Disposed Desc.: Disposed Date.
1
i 0/00/0000
1009MDA 2007
------------ Case Comments ----------- -- .:
gher Crt
H
Higher Crt 2.:
------
,qtl.- yj• ---------------------------
7/12/2007 C
NCISE STATEMENT OF MATTER --------------
S COMPLAINED - --------------------
BY RICHARD R GAN ATTY
O
-- -------------- --------------- -----------
A ,1?}S
// -------------------------
8/20/2007 TRANSCRIPT FILED - BY J WEL
--------------------------- SEY OLER JR J
--------------
---------------
----------
-
PINION - DATED 10-08-07 -
10/09/2007 O
IN RE: OPINION
PURSUANT TO PA
RAP 1925
?oq- 1%3 J WESLEY OLERS JR J -
-
BY COPIES MAILED
--- 10-09-07
---------------
-----------
-
-
---------------------
10/18/2007 NOTICE OF DOCKET ENTRIES MA
- -----------
ILED TO RICHARD R GAN ESQ AND RICHARD C
RUPP ESQ
- - - - - LAST ENTRY - - - - - - - - - - - - - -
j1q
* Escrow Information
Bal
* Fees & Debits Beq ymts/Adl
P
**** End Bal
***************
************
**
*
******************************** *** *
* ******
*
CUSTODY AGMT 85.00 85.00 .00
TAX ON AGMT .50 .50 .00
SETTLEMENT 5.00 5.00 .00
AUTOMATION FEE 5.00 5.00 .00
JCP FEE 10.00 10.00 .00
CUSTODY FEE 4.80 4.80 .00
CUSTODY FEE-CO 1.20 1.20 .00
MODIFICATION CU 50.00 50.00 .00
APPEAL HIGH CT 48.00
--- 48.00
---------- --- .00
---------
-----------
209.50 209.50 .00
********************************************************************************
* End of Case Information
********************************************************************************
per ,OM RECC)R? and
"`RU G'._ i 1 here unto set my
In Testimony v;h.rea:,
and the seal of sad Court at Carlisle, pa sell)
day of.... I
This .......... '.....t?
? ................? prothonotary
Mr. Curtis R. Long
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
c
- - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - - - - - - - - - - - -- - --- -
1015 - 4/04 10/1/99
Karen Reid Bramblett, Esq.
Prothonotary
James D. McCullough, Esq.
Deputy Prothonotary
w
Superior Court of Pennsylvania
Middle District
January 2, 2008
RE: Bookamire, S. v. Bookamire, D.
No. 1009 MDA 2007
Trial Court Docket Number: 05-4200
Dear :
100 Pine Street. Suite 400
Harrisbure. PA 17101
717-772-1294
www.superior.court.state.pa.us
Enclosed please find a certified copy of an order dated January 2, 2008 entered in the
above-captioned matter. Pursuant toAhe foregoing,,Qrder a: certified copy of same, along with
the original record will be forwarded to the trial court in due course.
Very truly yours,
,-MAI t 11"M?
James D. McCullough, Esq.
Deputy Prothonotary
TP
Enclosure
cc: Richard Charles Rupp, Esq.
The Honorable J. Wesley Oler, Jr.
Judge
Mr. Curtis R. Long
Prothonotary
No.: 1009 MDA 2007
Carbon Copy Recipient List
Addressed To: Richard Raymond Gan, Esq.
Gan Law Group
17 W South Street
Carlisle, PA 17013
Carbon Copied: Mr. Curtis R. Long
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Richard Charles Rupp, Esq.
Rupp & Meikle, P.C.
355 North 21 st St Ste 201
Camp Hill, PA 17011-3707
The Honorable J. Wesley Oler, Jr.
Court of Common Pleas of Cumberland County
Cumberland County Courthouse, One Courthouse Sq
Carlisle, PA 17013
1013 -10/99 10/1/99
,f
Sharon Bookamire
V.
Douglas J. Bookamire
IN THE SUPERIOR COURT OF
PENNSYLVANIA
(05-4200)
No. 1009MDA 2007
ORDER
AND NOW, this 2nd day of January, 2008 the appeal
in this matter is DISMISSED for failure to file a brief.
TRUE COPY FROM RECORD
Attest: 'JAN -. 2 2008
mac.
Su mkw Court of A - Middle District
Per Curiam
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Superior Court of Pennsylvania
Karen Reid Bramblett, Esq. Middle District
Prothonotary
James D. McCullough, Esq. January 2, 2008
Deputy Prothonotary
Certificate of Remittal/Remand of Record
TO: Mr. Curtis R. Long
Prothonotary
RE: Bookamire, S. v. Bookamire, D.
No. 1009 MDA 2007
Trial Court/Agency Dkt. Number: 05-4200
Trial Court/Agency Name: Cumberland County Court of Common
Pleas
Intermediate Appellate Court Number:
100 Pine Street. Suite 400
Harrisburg, PA 17101
717-772-1294
www.superior. court. state.pa. us
Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572
is the entire record for the above matter.
Contents of Original Record:
Original Record Item Filed Date Description
Part October 19, 2007 1
Date of Remand of Record: FEB 11. 2W8
ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and
returning the enclosed copy of this certificate 6 our office. Copy recipients (noted below) need
not acknowledge receipt.
Signature
Printed Name
Enclosure
/tp
Date
i ?
C7 ?v
'
'
712
? fit -r
rlQ
t C?
Sharon Bookamire
V.
Douglas J. Bookamire _
IN THE SUPERIOR COURT OF
PENNSYLVANIA
(05-4200)
No. 1009MDA 2007
ORDER
AND NOW, this 2nd day of January, 2008 the appeal
in this matter is DISMISSED for failure to file a brief.
Per Curiam
TRu COPY FROM RECORD
Attest: _ : fU 11" 2008
Deput thonotary
S,wr?„ -c Court of PA -Middle District
c? -r1
C-m
f T!
E.?
f
• CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C)
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
SUPERIOR COURT OF PENNSYLVANIA
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record, including an opinion of the court as required
by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if ary, and ±he decke± entries ire thy; followi~~g matter:
Sharon L. Bookamire
vs.
Douglas J. Bookamire
OS-4200 Civil
1009 MDA 2007
• The documents comprising the record have been numbered from No.l to 114, and
attached hereto as Exhibit A is a list of the documents correspondingly numbered and
identified with reasonable definiteness, including with respect to each document, the
number of pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is 10/18/2007 .
Curti R. 1Rfri~Flii'~~pp RIOR COURT
Regina Lebo
UL i~ 1 9 2007
An additional co of this certificate is enclosed. Please si nand date co thereb
acknowledging receipt of this record.
Date
Signature & Title