Loading...
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 T 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 ,,, ?.. ??? .,. r., ? o ?' 4? Y7`(' I1L ?"`? S'?s ? .?.5. ?F t? V'! i Y C: tL? i `? 1..: (? '?-. ?. :. J N 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 Wyk4 so•_s? AIN[ hC :C 14j .12 5AV Soot ?il? (C?t?=1113 f\ ' 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 Ly, "' - :i l i 9 _ ?S I- L- 0 ? U ? 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 ? r 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 R` Cr.pt.L r?r? c D ? A^ ?t0J R E L. .. ?.. OA 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. r cc: Richard Gan, Esquire, Counsel for Mother Richard Rupp, Esquire, Counsel for Father In T and Thi TRUE COPY estimony whereo V-J seal of said .... daai BY THE COURT, FROM RECORD fj f here unto set my hand ?. C Q --L ?? ?:. .? { S ? 1 ? ? ?L1 +..? 'S ', l? t7 r?'r .. '+ i. r y C 4 -?? , ' - ?'j? ? ..?" ? 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 rc BY THE COURT, s C l?- q "dd acs OIi r4/5 1 «l,: 90 :0I W, 6- An,N 900Z ]'H1 ?O 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 A4p 90•,SY-1/ 9c7-5/11 qO ,w .lt ,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, .? ?-' ?' ?' J c `j ? - ? ~ ?"'1 ?? c_r? ? ?+? ?t ?< ?? ?? ? •-1 r"'? ?..3 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. 1 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 ?- 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 rc s S )/-, 9/ J esley Oler, Jr., J. S .Z P!8 6- A `W L ? 0 Z of ti 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; 7 z :1 tad 0 1 ; Vjq Lan J 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 41, 11* hard C. Rupp, Esq. 355 North 21 Street Suite 205 Camp Hill, PA 17011 Attorney for Defendant : rc 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 l 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 -n ° ? ? G "? ? `n _? ?, T ? ,,,?., tit"' ?'., ?,,. ?-'iC ? ? ?. ?? Y ?"" .?.. J ?`'? 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 n -n ?... -t? ?:" ? ?? rte`" ?'.? ?.' --=? _ ?- ?. -?s ? Ci; :' . ""'. , r `_{fit .?' 1.?.? r ?. .? ? COMMONWEALTH OF PENNSYLVANIA pS = yam d w 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 Q ` ' ' • XT L 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. _ n V1N' A SA'S'NN3d 91:1 Wd ! Z Nn LQOZ MYIONOc#.tNd 3Hl 30 10113 00-t2 w 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- C'? d ?7 ?_ ? -,n :- ? ,. c?: n? r- '?" ? ; S `. -? ?'t ...r ,_. ? ., i :c.{ . "} C. - r ? i.?'i (? i ?..f ? «. ? 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. ;,>, ;? .? :? a ? 1 ?%'l I 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 0 ?- y o v o ts'1 ? c. y d a ? 0 ? o 0 I le G z z u N o r ? N O O t"! N- td ? 3 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 c°3 ^? ? Cj -n c?? ?? ? -?,s?', ??-- l " ... l ,.?= 1 t i,", ; __'1" ` t?..'' ,,.tea ..,,? ..-til ? ? .d tJ ' r--6. .? ?"§ . ? w 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