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HomeMy WebLinkAbout94-03178 ( g: ~i j ~i 01 , I i I Col C"-l - 0') Ii' SEP 13 199\~c.. 'I Ii SE' 1\ I 01 fa '9~ I'"~ :-! IN THB COURT OF COHHON PLBAB OF CUMBBRLAND COUNTY, PENNBYLVANIA NO. 94-3178 CIVIL TBRK CUBTODY vs. 1 ) ) ) ) ) KENNETH B. COEN, plaintiff HOLLY K. COEN, Defendant 9Im!l AND NOll, this l~tL day of ~t~t.......l,cr, 1994, upon receipt of the conciliator's report, it appearing that the parties have agreed to the ter.s and provisions of this order which was dictated in their presence and approved by the. and their counsel, we hereby order as follows: 1. The parties shall share legal custody ot their .inor child, Kayce Dale Coen, born Dece.ber 28, 1990. Bach party shall promptly notity the other in the event of any .edical e.ergency which results in the child requiring lIIedical attention. 2. The parties shall share physical custody of the said child on an alternating weekly basis. with the mother having the child cOlllll\enc1ng on Bunday, Bepte.ber 11, 1994, at 7:00 p.m, and keepinq the child until the followillq Bunday, with the father havinq custody for one week cOlllmenclng at 7:00 p.m, on Sunday, Beptelllber IB, 1994, and the weeks thereafter al ternatillg accordlnqly. 3. Durlnq each parent's week of cuntody, the other parent shall provide child care or babysittinq services for the child when the custodial parent works, At the present lime, tho f alhllr works Monday throuqh I'riday during daylight hours and the mother shall have the child during those hourn until approximately 3:30 p.m, when the child nhall be returned to the fatl1er'u home in lIarrisburg, The mother currently works from approximately 4:00 p.m. until approximately 11:00 p.m. and, during her weeks of custody, tho father shall havl! the child during thoue houl'6 on the days whon the Illother works and the child shal1 be returned to the Mother shortly after 11100 p.m. on those evenings, In addition, in the evont that 01 ther parent requires ovornight babysitting or child care for the child during lheir wook 01 custody, they shall oUer the other parent the first opportunity to provide that overnight babysitting or child care. The parties are hereby charged with the responslhillty 01 giving the other reasonable notice In the event of such overnight babysitting or child care opportunities, 4. The parties shall share the transportation of the child for all exchanges of custody and babysitting pursuant to this order on an equal basis. Unless the parties .utually agree otherwise, each of thelll shall be responsible to drop oft the child at the residence of tho other at the COlllllencelllent of the other party's period of custody or of babysitting. We note that there is an order In effect under the Protection frOl Abuse Act, entered by this Court to No. 94-3416 Civil Term, and we specifical1y direct that, it neither party enters or atteMpts to enter the residence of the other without Invitation, the provisions of that order shall not be violated by either party driving to the residence of the other for purposes of delivering the chlld in accordance vith this order. 5. Neither party shall possess or consulIle unlawful drugs while the child is In "their presence and neither party shall consume alcohol to excess while the child is in ,their presence, Neither Ilarty shall conceal thl! whereabouts 01 the child frOll the other parent and neither party shall rl!IIlOVe the child from the COlIII\onwealth of Pennsylvania for more lhan eight (8) hourn without giving the other party at least ten (10) days advance notice, which notice shall Include the details of where the child will be, when the child will be there, and how the child and the paront can be reached during that time, ~ KBNNETH B. COEN, ) IN THB COURT OF COHHON PIa Intif f ) PLEAS OF CUHBBRLAND ) COUNTY, PENNSYLVANIA VS. ) ) NO. 94-3118 CIVIL TBRH HOLLY K. COEN, ) Defendant ) CUSTODY JUDGE PREVIOUSLY ASBIGNED: The Honorable J. Wesley Oler, Jr. CONCII,IATOR CONI'HRIlNCE S\llllARY REPORT IN ACCORDANCB WITH CUHBERLAND COUNTY RUI,E OF CIVIL PROCEDURE 1915.3.8(b), the undersigned Custody Conciliator submits the fo1101l1n9 report: 1. The pertinent Information concerning the child IIho is the SUbject of this litigation is as fol10lls: Kayce Dale Coen 2B December 1990 CURRENTLY IN CUSTODY OF Bhared ~ BIRTIIOATE 2. A Conciliation Conference lias held on 1 September 1994 and the follolllng individuals lIere present: the Plaintiff and his attorney, Charles E. Petrie, Esquire; the Defendant and her attorney, Joan Carey, Esquire. 3. The putles lIere able to reach agreement to resolve all of the issues raised in the case, at least for the present. With the entry of the attached order, IIhich lias heord and approved by both parties and their attorneys, no further action is necessary ,at this tiMe, 12 September 1994 \)v~ ~ndes Custody Conciliator . KBNNBTH B. COEN, ) IN 'rIlB COURT 01' COIIHON 1'1aintlff ) PI,BAB OF CUHBBRLAND I COUNTY, PENNBYINANIA VS. I I NO. 94.3118 CIVIL TERH HOLLY K. COBN, ) Defendant ) CUBTODY 0JIl.I!R. AND NOli, this day of , 1994, upon receipt of the conciliator's report, it appearing that the parties have agreed to the terls and provisions of this order which was dictated In their presenco and approved by thelll and thoir counsel, wo hereby order as fol10wSl 1. The parties shal1 share legal custody at their minor child, Kayce Dale Coen, born December 2B, 1990, Bach party shall promptly notify the other in the eVent of any lIIedical emergency which results in the child requiring lIIedical attention. 2. The parties shall share physical custody of the said child on an alternating , weekly basis, with the mother having the child commencing on Bunday, Beptelllber 11, 1994, at 7:00 p.m, and keeping the child until the following Sunday, with the father having custody for one wook commencing at 7100 p.m, on Sunday, Boptelllber 18, 1994, and the weeks thoreafter alternating accordingly. 3. During each parent's week of custody, the other paront shall provide child care or babysitting sorvicou for tho child whon tho custodial parent works. At the prosent lime, tho (ather works Monday through Friday during daylight hours and the mother shall havo the child during those hours until approximately 3130 p,m, when the child shall bo returned to the Iather'u home In lIarrluburg, Tho mother currently works (rom approximately 4:00 p,m. until approximately 11100 p.m. and, during hur weeks 01 custody, the lather shall have the child during thonll hourn on tho days whon lho molher works and the child shall be returned to the mother shortly alter 11100 p.m. on those evenings. In addition, In the event that either parent requires overnight babysitting or child cuo for the ch11d during their week of custody, they shall offer the other parent the first opportunity to provide that overnight babysitting or child care. The parties are hereby charged with the responsibility of giving the other reasonable notice in the event of such overnight babysitting or child care opportunities. 4. The parties shall share the transportation of the child for al1 exchanges of custody and babysitting pursuant to this order on an equal basis. Unless the partiea lIIutually agree otherwise, each of them shall be responslble to drop off the child at the residence of the other at the commencement of the other party's period of custody or of babysitting. We note that there is an order in effect under the Protection froll Abuse Act, entered by this Court to No. 94-3416 Civil Term, and we specifically direct that, if neither party enters or attempts to enter the residence of the other without Invitation, the provisions of that order shall not be violated by either party driving . to the residence of the other for purposes of delivering the child in accordance with this order. 5. Neither party shall possess or consume unlawful drugs while the child is in their presence and neither party shall consume alcohol to excess while the child is in their Ilresence. Neither party shall conceal the whereabouts of the child from the other parent and neither party shall remove the child from the Commonwealth of Pennsylvania for more than eight (8) hours without giving the other party at least ton (10) days advance notice, which notice shall include the details of where the child will be, when tho child will bo thore, and how the child and the parent can be reached during that time. 2 .. --: COMMONWE~LTH OF PRNNSYLV~Nt^ COUNTY OF DAUPII IN t verify that the statementa in the foregoing Petition are true and correct. t und~r9tan~ that falae Rtatomente heroin are made subject to the pen~\ties of 18 Pa.C.~. 64904, re\~ting to unsworn falsification to iluthorities. ~ ~ ':9 KENNETH E. COEN ~-q-cr'f D!\TE 1 ~ " ~ -0,. ~ ""j }\ for, . ~ \) u.'.: ~ I a \.) ') ~~ \ ,., ~~ - '" '~1 .. .. r:: .. ~ .. , I~g ~ ..~s ~I , , , . (;"^I."'~S I~, IIInl.m hl""MNIiV hi lAW my IIIt1SIlAN smEliT IIt\RRISllllIHI, I'ENNS\'I.VAN1A 1711\ The mother of the child IB 110LLY ~. eDEN, who currently resides at 131 Regency Woods North, Carlisle, Pennsylvania. She is married. Tho father of the child Is KENNETH O. COEN, who currontly resides at 247 CreODent Stroet, HarrIsburg, Pennsylvania. He Is married. 4. Tho relationship of the Plaintiff to the child Ie that of father. The Plaintiff currontly resides with the child and with his roommates, Torry Roush an~ ~ichlo1 Dlazevich. 5. The relationship of the Defendant to the child is that of mother. She currently resides with her boyfriend, Scott Ciboka, and Scott's brother, David Ciboka. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or In another court. The Plaintiff has no information of a custody proceoding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical cuotody of the child or who claims to have custody or visitation rights with reopect to the child. 7. The hest interest an~ permanent welfare of the child will be served by confirmlnq in Plaintiff custody of the child because Plaintiff can better care for tIle child anrl provide a suitable environment for the child. .,... ..:I' i;; II' - ',' ~{ ,- 1--: (~ ' :l.-! u/- :Jt,J. ~li' ,- I ) ~r ," ".'1 :~I I" c.~ (,1'1'- 'L') , I (") (._J; . C'J I ' ,.- () 1..1 Lice ...i,.\ .,.1 I. "':':1 ~(H , -1 a II. ('1' 0 U' I llC I a I J. =1 ~ :, ~ .. ~ f. . I G. PATRlOK O'OONNOR ATl'OIINII1' AT MW B I 011 01.0 OIlTTl'llBURO ROAD CAall' 11I1.1., rBHHBYLVANlA nOll,,.OB TIILBrllONll, ""'U'''1I0 . JUL ,~ 7 199iJ; '1' C;'J I~ I If' o. r'_ \.,1 1-0 , " t. ~ j Ii (: .!j t.'\,i\ I ',.',', " .;" I j"CN:-.';._!ji -". '1 'f'OJ.ff &d. 1~/1f;(...~r" ~ d:4 tJ ~'kJ7 ~\:J ,~ l..tA....;- . /). -, .IV' U'ftc-l' .Mt'l~ U tU " f/'J -1/1 tb. _ ~ . ~ y;tC4M~/ 04..... /11. A"~ ~ . 6, 'llu:realler, the child resided prinllll'lIy with the Mothcr al 17411 York I~oud, Dover, York Couuty, PA 17315. 7, '1l1e Mother's boyfrleud has also been rcslding at same residence, along with two chlldrcn born or the Mothcr und hcr hoyli-lcnd, II, Since Muy of 19l)l), thc child hus rcsidcd primurily with Ihe Fnther ut 1932 Market Slrcct, Camp Hill, PA 170 II. 9. Thc child hus becn exposed to an increasingly detrimental envlroumcnt when in the custody or thc Mother und her boylrlcnd. 10, '1l1e Mother und her boyfriend ure constantly figllling. II. Mother's boyfriend has harusscd Ihe child, including breaking his toys. 12. Mothcr's hoyrricnd has pushed and kicked Ihe child in the past. 13. The child was rcccntly struck inthc stomach by Ihe elbow or Mother's boyrrlend during the course of a fight between the Mothcr und her boyfriend. 14, Mother's hoyfriend has inthc past pulled u gun on the Molher, 15. Thc Newberry Township Police Depl\l1mcnt havc brought or arc planning to bring crimlnul churges aguinst the Mother's boylricnd in rcgard 10 various incidents. 16. One ofthe child's teuchers willtcstlfy thutliving with the mothcr und hcr boyfHend Is noticeably upselting 10 thc child and nl1ccts thc child's behavior In school. 17, Thc child is Icuming ruchll hutrcd limn the hoyli-lcnd, us well us how to chcutnud stcul. Ill. PlalntifllPetltioncr hus not p1ll1icipUIcd us II p1ll1y or wltncss, or inunother cupacily, in other litigation conccrning the custody orthc child In this 01' unothcr cOln1. B. Every Wednesday ovening from 4100 p.m. until AIOO p.m. 4. The parLJes shall alLornato t.ho major holIdays. Thostl holidays are being defined as Thanksgiving, East.er, Memorial Day, Fourth of JuJy, ilnd l.abor Day. This alternating Bchedull~ shall COlfUnllflCe wJth Father having 'J'hanksgiving in 199<). The part10H shall agree upon the times for this period of holiday visitation. 5. The Christmas holiday shall be divided into two segments. Segment A sh"ll bo from December 24'" at 1100 p.m. until December 2r)' h at. 1100 p.m. S(lgment. B sha J 1 be from December 2!:>'h at liDO p.m. unt. il J)ocmnbo r 2611, at 1100 p.m. Mot.her shall have Segment. A in 1999 and all odd years thereafter iJnd Segment 13 In the year 2000 and all eVen year's thereafter. Fattwr shall have Segment. A in the year 2000 and all oven years thereafter and Segment D in 1999 and all odd years theruaftor. 6. Each party Js untit1wj to four (4) wooks of vacation wilh tlw chi 1d during tho summer months. lIowever, they may not be exercisud so iJH to take moro Uli.ln two (2) consocutivo wooks. Tho partloH Hhall notify each other fIS of ,Ill/IU 1" of eilch year as to when thuy int.ond t.o oxercise t.hese porjodfl of :HHTllIIOr VilCilt lOll, 1':; ,., ',. ''\,,; I.- ,:" {; 'J:" 1'-,(. ' J. ( p. I 4~ ~~ II' I . '-:.. .... 'I C " 1'( C:t , ) G" J. I I ; I. ric' I \ I ':i f. I. . "1 l.. l.i . I' I..... . ; U C;' {j i Is ~ ]~~ t if[ i ~ u . *, ""'. Coslopoulos & Welch 1400 NUI'h Sni.lIllJ SlIt'CI lI.rt)I~UIS, I'A 111112 (717)221.0YOO LJlC !I Iljq~1 \ i I~ .. J'" t:a 1ft .. COltopoulol & Welch 1400 101"'111 S.con~ Sire.' 1Il1TllbulJ, PA 17\ 01 (717) 111.0900 t.4AY ~ n 20~~ .. The Falher shall have primary physical custody of the child, The Mother shall have partial cuslOdy and/or visitation oflhe child, to include: (a) Alternaling weekends beginning on Friday 01 500 pm, until Sunday at 700 p,m This scheduled shall commence the Friday following execution ofthis agreemenl. (b) Every Wednesday fi'om400 p,m, until 800 p,ltI, (c) The Mother may exercise additional periods of visitation with the child at such olher times as the parties may mUlually agree, 1. Leu' CUltol(}: The parties shall share legal cuslody oflhe child jointly, They shall consult with each other relative 10 all importanl decisions concerning Ihe child, lncludinll such mailers as heslth, education, and religion, Therefore, although /;ather hu primary physical custody ofthe child, and Falher shall have aUlhorilY 10 make routine decisions regarding the welfare of the child, each parent agrees to consult with the other on all non- roullne decisions (to be defined as Ihose decisions wilh a grealer than a day 10 day effect, Including, but not limited to, such mailers as surgery, major medicaltrealment, and selection of schools) wilh a view to having a harmonious policy calculaled to promote Ihe besl interesl ofthe child, If a dispute arises as to any mailers regarding non-routine decisions regarding the child, then Father, who has primary physical custody of the child, may exercise I1nal delernlination subjecI to review by a c01ll10f competent jurisdiction, Each oflhe parties shall have access 10 alllhe child's medical, dental, hllSpital, and school records, including test results and report cards; each parenl shall perltlil and encourage communication by the olher parenl with doclors, teachers, lInd schuul administrators regarding the child's heahh and education progress, Each oflhe parties shall be provided wllh schedules of school events and athlellc evenls when available, or In Ihe ahematlve, provide two weeks notice 10 Ihe other party Ihal such an event Is upcoming, 3, Summrr VICltllm Each party is entitled 10 tbur (4) weeks or vscallon wilh the child during the summer months, However, Ihey may not be exercised so as 10 take more than Iwo (2) consecutive weeks, The parties shall notifY each other ss of June lot nf each year as 10 when they intend 10 exercise these periods of summer vacation, ... Ma1llr..II.lI1b The parties shall allcrnale the following holidays: Memorial day, Fourth of July, Labor Day, Thanksgiving, and Easter, This ahernaling holiday schedule shill commence wilh Father having Memorial Day In 2000. The parties shall agree upon the times for this period of holiday vlsllation, This section shill supersede any other section contained In Ihls agreement. This section may be changed or modified upon agreement by bOlh parties, S. !Jtrjltmll The Christmas holiday shall be divided into Iwo segmenls, Segment A shall be from December 24th al 100 pm, unlllDecemher 2Sth at 1:00 p,m. Segment IJ shall be from December 25'11 al I :00 pm until Decemher 2b'h at \ :00 pili Father shall have Segment A in Ihe year 2000 and all even yearsthereatler and Segment B in Ihe year 200 \ and all odd years thereatlcr, Mother shall have Segmenl n in Ihe year 2000 and all even years thereatler and Segmenl A in Ihe year 20DI and all odd years Ihereatler, This seclions shall supersede any other section contained in this agreement. 6, MOlher's Day shall be wilh Mother, Falher's Day shall he with Father. This visitation shall be trom 9:00 a,m, unlll 5:00 p.m, or as arranged by the parties, This section shall supersede any other section contained In this agreement, 7. ~ The parties shall share the child's birthday in as equal a manner as possible. 8. J'rlnIDortlt!lw The parties agree that transportation 10 snd from their residences shall be shared in as equal a msnner as possible, Iflhe parties can no I agree. MOlher shall pick up the child at the slart of her cuslodial periods and Falher shall pick up the child al the conclusion of MOlher's custodial periods, 9. ~ During any period of custody or visilation, the parties shall not possess or use any controlled subslance, neither shall they consume alcoholic beverages to Ihe point of Inlmdcation, The parties shall likewise assure, 10 Ihe extent possible, that other household members and guests comply wilh this prohlbhlon, 10. Each party agrees to keep Ihe olher reasonably informed of the whereabouts of the child while with the other party, If eilher party has knowledge of illness or accident or other serious circumstance affecting the welfare ofthe child, he or she shall promptly notify the other party of said circumstances Except for regular vacations scheduled pursuant 10 paragraph 3 above or short trips during a party's schednled cuslody or visitation as set 11ll1h in this agreement, neilher party shall remove the child from Pennsylvania without written consent of Ihe other psrty, II. IrkJlbOnf Contlct wl.1h Cbll4 Hoth Parties shall have Ihe right 10 reasonable telephone conlact wilh the child during Ihe olher party's period of custody/vlsilalion Neither party shalllnlerfere with the olher party's telephone conlacts with the child, Each party shall make all reasonable eflbrts to promplly rcturn calls or mcssageslcll by thc other party rcgarding Ihe child. 12. I!iulI.r.ui.n.l Neilhcr Father nor Mothcr shall make any disparaging remarks regarding the olher parent in the prcsence ofthe child, such as Ihose that might lend 10 alienate the affections ofthe child toward the other parent, Also, each parent shall inform relatives and friends 10 also refrain from making any disparaging rcmarks regarding eilher parent in the presence of the child, 13. This slipulation is intended 10 modify the Order of OClober 8, 1999, in particular as the Order of thaI date restricts overnight visitation to the house ofPhyllis Eichelberger, and prohibits all conlact between Ralph Strouse and the Child. This restriclion and prohibition shall no longer be in force, so long as: (a) The MOlher shall nolleave her home or any olher premises al any lime during which Ralph Slrouse and the Child would be logether or might reasonably be expecled to be logether on the premises; (b) In the evenl that the Mother takes the Child away Irom her home on an overnighl slay. the MOlher shall, in advance, provide Ihe Falher with an address and phone number where Ihe Child can be reached; (e) In the evenl Ihat the MollIeI' lakes the Child on a vacation trip, the Molher shall have the Child, himself, each day, call either Ihe Father, the Father's place of work, or the palernal grandmother. The Father will rcimburse the MOlher for the calls, or provide . I pnnUllour, lie IllnlntnlnH tllUtthe hoyfrlend hnH physlcnlly nhused Ihe son on n number of uccnsionH nnd docs nut helleve II is nppruprinle tulll\ thnt reHtriction. 6. The Defcndnnt's/Peliliuncr's pusillun un custudy Is ns Ihlluws: Mother WlllltH the restrlcllun liIled, sulhnt she cnn hnve the child nround the huylriend, Rnlph Strouse, Appnrenlly, Rnlph Strouse IIvcs with the Muther. She denies the nllegntlons thnl Rnlph Slrouse physically abuscd the mlnur child. 7. Need Ibr separnte counsclto represent child: Neither parly requeslcd, 8, Need Ibr Indepcndcnl psychuluglcnl evnluatlunur counseling: Nunc requested und the Concillutor does nul believe nny is necessnry, 9, ^ henring in this mallcr willtnke one.hnlf(\/2) dny, I n. Other mnllcrs or commenls: The pnrlies IIgreed tunn Order on Oclober 8, 1999, providing Mothcr wilh ccrlnin pcriuds uf partinl cuslody IInd vlsltllllun with n restrlcllon thutthe child wuuld not he In cuntllctwilh the Mother's buy friend, Rlllph Strouse. Additlonnlly, Mother \Vus lu hllve her periods of pilI' till I custudy lit her Illulher's huusc sulhnllhe boyfriend would hove no contne!. The purpose of this restriction WIIS heclluse there were IIl1egutions of abuse Ihnl hnd occurrcd betwcen the hoylilend IInd the minor child, The primllry issue that the ('ourtlleeds luluuk lit is whelher or nut there \Vns reaily sOllle physlclll IIhuse Inllicted uponlhe son hy the hllyli'iend, FlIlher's cuunsel brought with him whllt purportcd to be IIlcller thlllll1n ageucy in Maryland shuwing thlll there II'IIS IIn "Indicllled" repurt ufphysiclllllbuse Inllictcd upun the buy. It; In Ihct, Ihe huy hilS hcen suhject lu sume physlclIl IIhusc by the huyfriend, it SCCIllS IIpproprilltc tull:llvc Ihc cxisting Order in place.