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HomeMy WebLinkAbout02-3843BRENT BOYER, Plaintiff ROBIN BURD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY/VISITATION AND NOW, his attorneys, following Complaint for Custody and in support follows: COMPLAINT FOR CUSTODY comes the Plaintiff, Brent Boyer, by and through Meyers, Desfor, Saltzgiver & Boyle and files the thereof avers as 2 o 3 o Name The Plaintiff is Brent Boyer, an adult individual residing at 1542 Route 209, Millersburg, Pennsylvania. The Defendant is Robin Burd, an adult individual residing at 809 Yverdon Drive, Camp Hill, Pennsylvania. Plaintiff seeks shared legal and physical custody of the following children: Present Address Matthew Eric Boyer 809 Yverdon Drive Camp Hill, PA Nicholas Carl Boyer 809 Yverdon Drive Camp Hill, PA Katherine Ann Boyer 809 Yverdon Drive Camp Hill, PA Date of Birth 10/18/92 12/2/93 10/4/95 The children were not born out of wedlock. The children are presently in the custody of Defendant, Robin Burd, who resides at 809 Yverdon Drive, Camp Hill, Pennsylvania. During the past five years, the children have resided with MEYERS, DESFOR, SAL'[ZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717}236-2817 the following persons and at the following addresses: (List Ail Persons) (List Ail Addresses) Plaintiff and Defendant Defendant 416 Berrysburg Rd. Millersburg, PA (Dates) 809 Yverdon Drive Camp Hill, PA birth to 1999 1999 to present The mother of the children is Robin Burd, currently residing at 809 Yverdon Drive, Camp Hill, Pennsylvania. She is divorced. The father of the children is Brent Boyer, currently residing at 183 Moore Street, Millersburg, Pennsylvania. He is divorced. 4. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with his fiance, Desiree Klouser. 5 The relationship of Defendant to the children is that of Mother. The Defendant currently resides with her new husband, Eric Burd and the three children. Plaintiff has not participated as a party or witness, another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding 6 o or in concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717}236-2817 )roceedings who has physical custody of the children or claims ~o have custody or visitation rights with respect to the children. 7. The best interests and permanent welfare of the children will be served by granting the parties shared legal and physical custody of the children. Since the parties separation, the Defendant has maintained primary physical custody of the children. Plaintiff has had partial physical custody of the children on alternating weekends by agreement of the parties. Plaintiff has asked for additional periods of partial physical custody of the children and Defendant has either refused outright, or agreed and then changed her mind. Defendant has used the children as messengers between the parties and Plaintiff believes this is inappropriate. Plaintiff has a good relationship with the children and would like that relationship to continue, however, Defendant frequently interferes with that relationship. Plaintiff requests that the parties have shared legal and physical custody of the children, so that he can provide them with the nurturance, love and guidance which they need. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17m8 (717) 236-9428 ,, FAX (717) 236-2817 WHEREFORE, Plaintiff, Brent Boyer, requests this Honorable Court grant the parties shared legal and physical custody of the children. Respectfully submitted, aurle A S, MEYERS, DES FO] & BOYLE zgive~- Esquire SALTZGIVER Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff MEYERS, DESFOR, SAL'i'~GIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 10~2 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 I, Brent Boyer statements made in this VERIFICATION , verify that the Complaint for Custo~y are true and correct to the bes of my knowledge, information and belief. I understand that fals~ statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 8/R/~2 ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET * P.O BOX 1062 · HARRISBURG, PA 17108 !717) 236-9428 · FAX (717) 236-2817 BRENT BOYER PLAINTIFF ROBIN BURD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-3843 CIVIL ACTION LAW ~'CUSTODY ORDER OF COURT AND NOW, Wednesday, August 21, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemo}'ne, PA 17043 on Monday, September 23, 2002 at 10:30 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/ Melissa P. Greevy, Esq. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~RENT BOYER, Plaintiff Vo ½IN BURD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3843 : : CIVIL ACTION - LAW : IN CUSTODY/VISITATION PROOF OF SERVICE OF COMPLAINT FOR CUSTODY · Complete items 1, 2 and 3. Also complete Item 4 if Restricted Deliver7 Is desired. ' · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallpiece, Roan Ann Burd 80~ Yverdon Drive Ca~ Hill, PA 17011 2. Article Number PS Form 3811, March 2001 0 ~t~ 0 Retu~ Pac~ot ~ M~-ha.d~ [] ~ ~ 0 c.o.D. 4 ~ ~ ~ ~) ~y~ 7001 0320 0002 7583 2961 ~m~tlc Remm R~ ~25~1-M-1424 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 o FAX (717) 236-2817 SEP 2 7 ZO0~' BRENTBOYER, ROBIN BURD, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3843 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this ~ day of ~..pfc,--,~'- , 2002, upon consideration of the attached Custody Conciliation Summar~ Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Brent Boyer and Robin Burd, shall have shared legal custody of the minor children, Matthew Eric Boyer, born October 18, 1992, Nicholas Carl Boyer, born December 2, 1993, and Katherine Ann Boyer, born October 4, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of liberal partial custody which shall be arranged as follows: A. To commence October 4, 2002 on alternate weekends from Fridays at 4:45 p.m. until Sunday at 6:30 p.m. NO. 02-3843 CIVIL TERM B. In the event that Monday following Father's custodial weekend is a school holiday, his weekend shall be extended until 6:30 p.m. on Monday. In the event that the Friday of Father's custodial weekend is a school holiday, Father's custodial weekend shall commence Thursday at 4:45 p.m. C. Two (2) evenings per month from 4:45 p.m. to 7:30 p.m. upon five (5) days notice to Mother. Father shall be responsible for providing dinner and supervision of homework incident to these mid-week periods of partial custody. D. During Father's custodial weekends, Father shall be responsible for the supervision of the children's homework. Dinner on Sunday evenings shall be with Father. Father will also have the children bathed before they are returned to Mother at the end of his custodial weekend. 3. In the event that either parent is going to be more than fifteen (15) minutes late for a custodial exchange, that parent will notify the other parent and make arrangements for the custodial exchange to occur as promptly as possible. 4. Holidays. A. Thanksgiving. Thanksgiving shall be divided into two (2) segments, Segment ^ and Segment B. Segment ^ shall be from the day before Thanksgiving at 4:45 p.m. until Thanksgiving Day at 4:00 p.m. Segment B shall be from Thanksgiving Day at 4:00 p.m. until Friday at 4:00 p.m. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. B. Christmas. Christmas shall be divided into two (2) segments, Segment A and Segment B. Segment A shall be from December 24th at noon to December 25th at noon. Segment B shall be from December 25th at noon until December 26th at noon. In even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years, Mother shall have Segment ^ and Father shall have Segment B. C. Memorial Day, Independence Day and Labor Day. These holidays shall be observed by the parent who has the preceding custodial weekend. However, in the event that Independence Day falls on a Thursday or a Friday, the holiday shall be observed by the parent having the custodial weekend following Independence Day. NO. 02-3843 CIVIL TERM D. Easter. Easter shall be divided into two (2) segments, Segment A and Segment B. Segment ^ shall be from the Saturday before Easter at 4:00 p.m. until Easter Day at 4:00 p.m. Segment B shall be from Easter Day at 4:00 p.m. until the Monday following Easter at 4:00 p.m. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. In even numbered years, Father shall have Segment A and Mother shall have Segment B. E. New Year's Eve / New Year's Day. This holiday shall be defined as the time from 4:30 p.m. on December 31s~ through 6:30 p.m. on January 1st. This holiday shall alternate with Mother having the holiday in even numbered years and Father having the holiday in odd numbered years. 4. BB Guns. The children shall be supervised by an adult and wear protective eyewear when they are using BB guns. 5. Transportation. Transportation shall be shared by the parties incident to Father's custodial weekends by the parent receiving custody providing transportation. Father shall provide transportation incident to his weekday periods of custody. It shall be permissible that Father's fiancbe provide transportation of the children incident to his custodial exchanges if he is unable to be present to pick them up at the commencement of his custodial periods. 6. Compensatory Time. In the event that a parent misses a custodial weekend and elects to surrender their time to the other parent, that parent is entitled to compensatory time on another custodial weekend. In the event that vacation is scheduled on another parent's custodial weekend, the parent surrendering a custodial weekend to permit the vacation to occur shall be entitled to a compensatory weekend within sixty (60) days of the traveling parent's return from vacation, unless otherwise agreed. 7. Father shall be entitled to custody of the children in 2002 for the period from December 26th at 4:30 p.m. until December 30that 6:30 p.m., during which time the children shall participate in festivities related to Father's upcoming wedding. 8. In the event that either party would have the children away from their home overnight, they shall provide the non-custodial parent with notice of the telephone number where they can be reached and location where they will be staying. During vacation, the non-traveling parent shall be entitled to three (3) phone calls within any seven (7) day block of travel: a telephone call on the arrival day, a telephone call during the vacation, and a final call at a reasonable time in relationship to the time of departure to return home. NO. 02-3843 CIVIL TERM 9. Summer. Father shall be entitled to custody for one (1) week in June, two (2) weeks in July, and two (2) weeks in August each year. Father will provide Mother with notice of his intended vacation/summer custodial schedule no later than March 1st each year. Custodial weeks for the summer schedule shall commence on Saturdays at 8:00 a.m., unless otherwise agreed. Father's custodial summer weeks shall not run consecutively. The children shall be in the custody of Mother the last full week before school starts. 10. In the event that either party is aggrieved by the terms of this Order, upon petition of either party filed within thirty days of the date of this Order, a hearing before this Court will be scheduled to address the issues in dispute: (1) sharing of the Christmas holiday, (2) the summer custodial schedule, and (3) the transportation of the children by Father's fianc6e. All other terms of this Order encompass agreements reach by the parties in the process of the Conciliation. BY THE COURT: Dist: Laurie A. Saltzgiver, Esquire, PO Box 1062, Harrisburg, PA 17108 LeRoy Srnigel, Esquire, 4431 N. Front Street, Harrisburg, PA 17110-1709 BRENTBOYER, Plaintiff V. : ROBIN BURD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3843 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 CURRENTLYIN THE CUSTODY OF Matthew Eric Boyer Nicholas Carl Boyer Katherine Ann Boyer October 18, 1992 December 2, 1993 October 4, 1995 Mother Mother Mother 2. A Custody Conciliation Conference was held on September 23, 2002 in response to Father's Complaint for Custody filed on or about August 15, 2002. Present for the conference were: the Father, Brent Boyer, and his counsel, Laurie A. Saltzgiver, Esquire; the Mother, Robin Burd, and her counsel, LeRoy Smigel, Esquire. 3. Father's position on custody: Father filed a Complaint for Custody seeking to have shared physical custody of the children who have been in the primary custody of Mother since 1999. Up to now, there has been no formal Court Order specifying a schedule. 4. The parties reached agreements modifying the custodial schedule putting in a partial holiday schedule, telephone contact, homework supervision, school information sharing, the use of BB gun, and most holidays. 5. Issues upon which the parties did not agree: (a) the Christmas schedule; (b) the summer schedule; and (c) allowing Father's fiancee assist in providing transportation. NO. 02-3843 CIVIL TERM 6. Mother's position on the issues in dispute: A. Christmas. Mother has apparently had the children for each Christmas Eve and Christmas morning for the last four (4) years and will not agree for Father to have any type of sharing of the holiday which would permit him to be with the children "while they are this young" on Christmas morning. As an alternative, she offers to allow him to have them on Christmas Eve until 8:30 p.m. and from 11:00 a.m. Christmas Day until 11:00 a.m. December 26t~ each year. B. Summer Schedule. Mother would agree to two (2) weeks of custody for Father in the summer. She would not agree to Father's request for a week-on week-off arrangement. The Conciliator explored the option of shorter periods of time away from each parent such as three or four day blocks in an attempt to maximize time with each parent during the summer when the children are without school obligations. However, Mother felt that this was too much time for the children to be away from her. C. Transportation Incident to Periods of Custody. Mother has offered to share in the transportation by providing part of the transportation incident to Father's custodial weekends. However, she feels very strongly that Father's fianc6e, Desiree, should not be providing transportation for the children. Her distrust of the safety of this arrangement is apparently based on reports which she has received that Desiree has left the children unsupervised at a swimming pool and at a mall, and that she was present during an incident when one of the children got hit in the chest by a BB from a BB gun. She is further concerned that the relationship between Father and his fianc6e is somewhat tumultuous. 7. Father's position on the issues in dispute: A. Christmas. Father would like to split the holiday so that the children get to spend Christmas Eve and Christmas morning with each parent in an alternating year arrangement. B. Summer Schedule. Father would like to have the children on a week-on week-off schedule during the summer so that he could spend more time with them at a time of the year when there would be less disruption to their school schedule. Father reports that the summer time is busy in his pool business but that because he is self-employed, he has the ability to take time off at his discretion. NO. 02-3843 CIVIL TERM C. Transportation Incident to Periods of Custody. Father believes that there are no safety issues with regard to Desiree providing occasional transportation incident to periods of custody. He denies that she has had any driving offenses that would provide any cause for concern in the operation of the vehicle. 8. The Conciliator provides an Order encompassing the parties' agreements and recommendations regarding the issues in dispute. The Order gives the parties the option of requesting a hearing on the disputed issues. Date Melissa Peel Greevy, Esquire Custody Conciliator :163185 BRENT BOYER, : Plaintiff : V. ROBIN BURD : Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3843 CIVIL ACTION - LAW IN CUSTODY ~ATHER'S PETITION FOR SPECIAL RELIEi.' .AND TO PROHIBIT MOTHER'S RELOCATION ~ITH THE MINOR CHILDREN AND NOW, comes the Plaintiff, Brent Boyer, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Father's Petition for Special Relief and to Prohibit Mother's Relocation with the Minor Children and in support thereof avers as follows: 4 5. Petitioner is Brent Boyer, an adult individual residing at 1542 Route 209, Millersburg, Pennsylvania. (hereinafter "Father,,) 3 o Respondent is Robin Burd, an adult individual residing at 809 Yverdon Drive, Camp Hill, Pennsylvania. (hereinafter "Mother,,) The parties are the parents of three minor children namely Matthew Eric Boyer, date of birth October 18, 1992, Nicholas Carl Boyer, date of birth December 2, 1993, and Katherine Ann Boyer, date of birth October 4, 1995. The parties were divorced on January 26, 1999. Father instituted a custody action on August 12, 2002 by filing a Complaint. Prior to filing the Custody Complaint, Father's custody MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 8 o schedule with the children was sporadic· Father was intended to have alternating weekends with the children, however, Mother frequently refused to provide the children for Father's weekends of partial custody and dictated Father,s periods of custody. For instance, if Mother scheduled an event with the children on Father's weekends, Mother would refuse to provide Father with make-up time. Additionally, Mother frequently refused to provide Father with vacation time and with holiday custody time. A conciliation conference was scheduled and held before Melissa p. Greevy, Esquire on September 23, 2002. The parties were unable to reach an agreement at that conference, however, an interim Order of Court was issued based upon the conciliator,s recommendation on September 30, 2002. Mother has filed a Petition for Reconsideration of Interim Custody Order with exceptions to Interim Order on October 30, 2002. 9. On approximately October 30, 2002, Mother advised Father that she was seriously considering relocating with the children to the "Allentown area,,. Mother claimed that her new husband was offered a job in that area, however, she provided Father with no additional information. 10. Father objects to Mother's relocation with the children. 11 Father does not believe that a relocation of the children to the "Allentown area,, would be in the children,s best MEYERS, DESFOR, SAL'I'ZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 . FAX(717) 236-2817 12. 13. interest as both parties and their families reside in the Dauphin County/Cumberland County area. Furthermore, Mother has continuously interfered with Father's relationship with the children. Mother has interfered with Father's relationship by denying him access to the children and also by dictating the children's activities while in their Father's care. Father believes that if Mother relocates to the Allentown area that she would take further action to prevent Father from seeing the children and from having a relationship with them. Mother has set about a course of conduct to prevent Father from having a close and meaningful relationship with the children. Father believes and avers that Mother's motivation in relocating to the "Allentown area" is in an attempt to thwart Father's relationship with the children. For all of the reasons indicated above, Father objects to Mother's relocation with the three minor children. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARR{SBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 WHEREFORE, For all of the reasons indicated above, Father objects to Mother's relocation with the three minor children. Father requests this Honorable Court issue an Order prohibiting Mother from relocating with the children. Respectfully submitted, Laurie MEYERS, DESFOR, SA/ & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff Esquire 'ZGIVER MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 VERIFICATION I, Brent Boyer , verify that the statements made in this Father's Petition for Special Relief and to Prohibit Mother's Relocation with the Minor Children are true and correct to the bes~ of my knowledge, information and belief. I understand that fals~ statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 11/5/02 (X) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 BRENT BOYER, : Plaintiff : ROBIN BURD : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3843 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this ~ day of Noven=ber, 2002, that a copy of the foregoing Father's Petition for Special Relief And to Prohibit Mother's Relocation with the Minor Children was mailed, first-class, postage pre-paid to: LeRoy Smigel, Esquire Smigel, Anderson & Sacks 4431 North Front Street Harrisburg, PA 1711 Attorny~Laur~eek~ [tzgi~r, MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 ° HARRISBURG, PA 17108 (717) 236-9428 o FAX (717) 236-2817 BRENT BOYER, : Plaintiff : V. ROBIN BURD Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3843 CIVIL ACTION - LAW IN CUSTODY _ANSWER TO PETITION FOR RECONSIDERATION ~AND COUNTERCLAIM AND NOW, comes the Plaintiff, Brent Boyer, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Answer to Petition for Reconsideration and in support thereof avers as follows: 1. Admitted. 2. No answer required. 3 Admitted. 4. Admitted. Denied. Prior to the current custody proceedings, Father attempted to have alternating weekends with the children plus additional holiday and vacation time, however, since Mother frequently refused to provide Father with appropriate periods of partial physical custody of the children, Father was forced to file a Complaint for Custody on August 12, 2002. No answer required, the document speaks for itself. Admitted. Admitted in part and denied in part. It is admitted that the parties were unable to reach an agreement, however, the issues in which the parties were unable to agree were MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17105 (717) 236-9428 . FAX (717) 236-2817 resolved by the Order of September 30, 2002. No answer required. 10. NO answer required. 11. No answer required. However, by way of further answer: a) Father believes that Mother is unreasonable in her refusal to permit Father's fiancee to transport the children. Mother had previously agreed that the fiancee could transport the children, however, as a means to harass Father, Mother has now refused to permit Father's fiancee to transport the children. There is no rational basis for Mother's refusal to permit Father's fiancee to transport the children. b) Denied. Father does not work 80 hours per week. Father is self-employed and has a flexible schedule which permits him to spend significant time with the children. Father believes that Mother is unreasonable in her denial of any vacation time to Father. Mother has consistently denied Father vacation time with the children since their separation in 1999. c) Father believes that Mother has created issues between Father's fiancee and the parties' children. This issue was not previously discussed at the custody conciliation conference, and has merely been created by Mother to harass Father. Furthermore, Father believes that Mother has been negatively influencing the children against Father and his fiancee. MEYERS, DESFOR, SAL'FZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717} 236-9428 · FAX (717} 236-2817 12. No answer required. WHEREFORE, Father respectfully requests that Mother's request for hearing be denied. 13. 14. ~OUNTERCLAIM FOR CUSTODY EVALUATION Paragraphs one through twelve of the Petition are incorporated by reference as if fully set forth herein. Father was forced to file a Complaint for Custody on August 12, 2002 as Mother continuously refused to cooperate with Father regarding custody of the children. Father attempted to exercise alternating weekends of partial custody of the children, however, Mother would unilaterally change Father's custody schedule to suit her own whims. Additionally, Mother would agree to certain custody arrangements with Father and then at the last minute prohibit Father from having partial physical custody of the children. 15. 16. Since the parties separation in 1999, Mother has consistently denied Father visitation with the children for holidays and various other periods of time as Father requested throughout the year. A conciliation conference was held with the conciliator, Melissa Greevy, Esquire on September 23, 2002. At that time, the parties were unable to reach an agreement and Mother suggested that the parties engage in a custody evaluation. Father agreed to engage in a custody evaluation with Mother, however, by the end of the MEYERS, DESFOR, SAL'?ZGIVER & BOYLE 410 NORTH SECOND STREET 0 P.O. BOX 1062 · HARR SSURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 conference, Mother reneged on her agreement and refused to engage in a custody evaluation. 17. Father believes and avers that a custody evaluation would be helpful in assisting the Court in determining an appropriate custody schedule and in settling the disputed issues between the parties. 18. Father believes and avers that Mother has been negatively influencing and "poisoning,, the children,s minds against Father and his fiancee. Father believes that a custody evaluation would assist the Court in determining this issue, as well as Mother's other various claims. 19. Father requests that he be permitted to engage a custody evaluator of his own choosing to perform a custody evaluation and that Mother and her husband be ordered to participate in said custody evaluation. MEYERS, DESFOR, SAL'rZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 * HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 WHEREFORE, Father requests he be permitted to retain a custody evaluator to perform a custody evaluation, and that Mother and her husband be ordered to cooperate in said custody evaluation. Respectfully~ submit~ d, aui~l~ -A. ~l/tzgiver' I E~quire MEYERS, DESFOR, SALTZGIVER & BOYLE Attorney I.D. ~61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff MEYERS, DESFOR, SAL'I'ZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 VERIFICATION I, Brent Boyer , verify that the statements made in this Answer to Petition for Reconsideration a~ ~Counterclaim are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: --11/5/02 ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET o P.O. BOX1062 · HARRISBURG, PA17108 {717) 236-9428 · FAX (717) 236-2817 BRENT BOYER, : Plaintiff : V. : ROBIN BURD Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3843 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this .~' ~day of November, 2002, that a copy of the foregoing Answer to Petition for' Reconsideration and Counterclaim was mailed, first-class, postage pre-paid to: LeRoy Smigel, Esquire Smigel, Anderson & Sacks 4431 North Front Street Harrisburg, PA 17110 MEYERS, DESFOR, SAL'FZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 NOV 0 1 200Z BRENT BOYER, PLAINTIFF Vo ROBIN BURD, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3843 CIVIL TERM : : : CIVIL ACTION - IN CUSTODY AND NOW, this ORDER OF COURT ,2002, upon consideration of the attached Petition, a heating is scheduled, in this matter on -~7~~ r~O , -~-,'ac~ at ///30 o'clock )tg.m.,in Courtroom No. ,/ of the Cumberland County Com'thouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: Distribution: Laurie A. Saltzgiver, Esquire, P.O. Box 1062, Harrisburg, PA, 17108 LeRoy Smigel, Esquire, 4431 North Front Street, Harrisburg, PA 17110 BRENT BOYER, Plaintiff Vo ROBIN BURD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3843 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of November, 2002, upon consideration of Plaintiff's Petition for Special Relief and To Prohibit Mother's Relocation with the Minor Children, a hearing is scheduled for Thursday, February 20, 2003, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. /'Laurie A. Saltzgiver, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Attorney for Plaintiff LeRoy Smigel, Esq /4431 North Front Sireet Harrisburg, PA 17110 Attorney for Defendant BY THE COURT, ff/'C/esley Oler,~ j? ll 13-o& :rc BRENT BOYER, Plaintiff V. ROBIN BURD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3843 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of _~~__, 20~, upon consideration of Plaintiff's Answer to Petition for Reconsideration and Counterclaim, and following a conference with counsel for both parties, it is hereby ordered as follows: Plaintiff, Brent Boyer shall be permitted to retain Dr. Arnold Shienvold to perform a custody evaluation on his behalf in the above-captioned action. Defendant, Robin Burd, and her husband, Eric Burd shall cooperate fully in this evaluation. Plaintiff shall retain Dr. Shienvold as his expert witness and shall be responsible for the costs associated with the custody evaluation. Should Plaintiff determine to call Dr. Shienvold as a witness at the custody hearing, he shall provide a copy of Dr. Shienvold's report to Defendant ten (10) days prior to trial. BY THE COURT: MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 I. EMANUEL MEYERS (1915-1B70) BRUCE D. DESFOR LAURIE A. SAL'rZGIVER CATHERINE A. BOYLE LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX HARRISBURG, PA. 17108 (717) WEBSITE www. meyersdesfor.com EMAIL isaltzgiver~meyersdesfor.com cboyleQmeyersdesfor.com December 4, 2002 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Brent Boyer v. Robin Burd Custody No.: 02-3843 Dear Judge Oler: Enclosed please find an original and two copies of an Order of Court which has been agreed upon by the parties. Please execute said Order and return the copies to my office in the enclosed self-addressed stamped envelope. to Thank you for your attention this matter. If you have j/ any questions, please feel free to contact me. ~//  re ly, ~ Laur~e ~t zgl~er LAS/clk Enclosure cc: Brent Boyer LeRoy Smigel, Esquire BRENT BOYER, Plaintiff Vo ROBIN BURD, Defendant IN THE COURT OF .COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3843 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of February, 2002, Upon consideration of the Order of Court dated February 21, 2003, in the above matter, setting forth the terms of the agreed- upon custody agreement, the hearing scheduled for February 20, 2003, is cancelled. BY THE COURT, Laurie A. Saltzgiver, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Attorney for Plaintiff Ann Levin, Esq. 4431 North Front Street Harrisburg, PA 17110 Attorney for Defendant esley Oler,~4~)., ~ J. ' :rc BRENT BOYER, : Plaintiff : : V. : : ROBIN BURD : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3843 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of ~ ~ J '9 '~ , 2003, upon the agreement of the parties to this action, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Brent Boyer and Robin Burd, shall have shared legal custody of the minor children, Matthew Eric Boyer, born October 18, 1992, Nicholas Carl Boyer, born December 2, 1993, and Katherine Ann Boyer, born October 4, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 o FAX (717) 236-2817 o parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. Physical Custody. Mother shall have primary physical custody subject to Father's rights of liberal partial custody which shall be arranged as follows: a. To commence February 21, 2003, on alternate weekends from Fridays at 4:45 p.m. until Sunday at 6:30 p.m. b. In the event that Monday following Father's custodial weekend is a school holiday, his weekend shall be extended until 6:30 p.m. on Monday. In the event that the Friday of Father's custodial weekend is a school holiday, Father's custodial weekend shall commence Thursday at 4:45 p.m. Two (2) evenings per month from 4:45 p.m. to 7:30 p.m. 2 C o MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 o These evenings shall be the first and third Tuesday evenings of each month. If Mother has a conflict on these days, she will advise Father at least five (5) days in advance and then Father shall have two (2) alternate evenings as the parties may agree. Father shall be responsible for providing dinner and supervision of homework incident to these mid-week periods of partial custody. In the event the children have a practice or activity during this period of time, then Father shall return the children at the conclusion of the activity. This paragraph shall not apply to the children's summer school vacation time. d. During Father's custodial weekends, Father shall be responsible for the supervision of the children's homework. Dinner on Sunday evenings shall be with Father. Father will also have the children bathed before they are returned to Mother at the end of his custodial weekend. In the event that either parent is going to be more than fifteen (15) minutes late for a custodial exchange, that parent will notify the other parent and make arrangements for the custodial exchange to occur as promptly as possible. Holidays. a. Thanksqiving. Thanksgiving shall be divided into two 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 ° FAX (717) 236-2817 bo C o do (2) segments, Segment A and Segment B. Segment A shall be from the day before Thanksgiving at 4:45 p.m. until Thanksgiving Day at 4:00 p.m. Segment B shall be from Thanksgiving Day at 4:00 p.m. until Friday at 4:00 p.m. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. Christmas. Christmas shall be divided into two (2) segments, Segment A and Segment B. Segment A shall be from December 24th at noon to December 25th at noon. Segment B shall be from December 25th at noon until December 26th at noon. In even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. Memorial Day, Independence Day and Labor Day. These holidays shall be observed by the parent who has the preceding custodial weekend. However, in the event that Independence Day falls on a Thursday or a Friday, the holiday shall be observed by the parent having the custodial weekend following Independence Day. Easter. Easter shall be divided into two (2) segments, Segment A and Segment B. Segment A shall be from the Saturday before Easter at 4:00 p.m. until MEYERS, DESFOR, SAL'I'ZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 o Easter Day at 4:00 p.m. Segment B shall be from Easter Day at 4:00 p.m. until the Monday following Easter at 4:00 p.m. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. In even numbered years, Father shall have Segment A and Mother shall have Segment B. e. New Year's Eve/New Year's Day. This holiday shall be defined as the time from 4:30 p.m. on December 31st through 6:30 p.m. on January 1st. This holiday shall alternate with Mother having the holiday in even numbered years and Father having the holiday in odd numbered years. f. Mother's Day and Father's Day. Mother's Day shall be spent with Mother, and Father's Day shall be spent with Father. The time for this holiday is 9:00 a.m. until 6:30 p.m. BB Guns. The children shall be supervised by an adult and wear protective eyewear when they are using BB guns. Transportation. Transportation shall be shared by the parties incident to Father's custodial periods by the parent receiving custody providing transportation. Father shall provide transportation incident to his weekday periods of custody. It shall be permissible that Father's Wife provide transportation of the children incident to his custodial exchanges if he is unable to be present to pick 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9426 · FAX (717) 236-2817 o o o 10. them up at the commencement of his custodial periods. Compensatory Time. In the event that a parent misses a custodial weekend and elects to surrender their time to the other parent, that parent is entitled to compensatory time on another custodial weekend. In the event that vacation is scheduled on another parent's custodial weekend, the parent surrendering a custodial weekend to permit the vacation to occur shall be entitled to a compensatory weekend within sixty (60) days of the traveling parent's return from vacation, unless otherwise agreed. In the event that either party would have the children away from their home overnight, they shall provide the non- custodial parent with notice of the telephone number where they can be reached and location where they will be staying. During vacation, the non-traveling parent shall be entitled to three (3) telephone calls within any seven (7) day block of travel: a telephone call on the arrival day, a telephone call during the vacation, and a final call at a reasonable time in relationship to the time of departure to return home. The non-custodial parent shall have reasonable telephone access to the children. Vacation. Father shall be entitled to custody for four (4) one (1) week periods of vacation time with the children each summer. These weeks of vacation time will begin on 6 MEYERS, DESFOR, SAL'rZGIVER & BOYLE 410 NORTH SECOND STREET ,, P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 11. 12. the Friday of Father's regularly scheduled weekend at 4:45 p.m. and continue until the following Friday at 4:45 p.m. Father shall inform Mother of which weeks he would like by March 1st of each year. Mother shall have two weeks to respond to Father, and advise Father if she has any conflicts with the vacation times which he has chosen. If the parties are unable to agree upon the summer vacation schedule by April 1st of each year, then the parties shall seek the services of a mediator who shall have the right to settle the vacation dispute. The mediator shall be jointly chosen by the parties and the determination of the mediator with respect to the vacation schedule shall be binding on the parties. Riqht of First Refusal. In the event that either party, or their spouse, or the party's parents are not available to care for the children during their custodial period, then the other party shall be contacted and given the option to care for the children. Switchinq the Weekend Cadence. The parties agree that they shall switch the alternating weekend cadence by permitting Father to have two weekends in a row. The parties agree to cooperate with each other in determining when this switch in the cadence of the weekends shall be. In any event, the parties shall reach an agreement regarding switching the cadence of the weekends by October 1, 2003. 7 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 o FAX (717) 236-2817 The parties will strive to reach an agreement regarding switching the weekend cadence prior to October 1, 2003. The parties agree that if the weekend cadence is switched without providing Father with two weekends in a row, then Father shall be permitted to schedule a make-up weekend at a later date. If the parties are unable to agree on a switch in the cadence prior to October, then the switch will occur in early October, as follows. If Father has the last weekend in September, then he shall also have the first weekend in October. If Mother has the last weekend in September, then Father shall have the first two weekends in October. BY THE COURT: MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 ° HARRISBURG, PA 17108 (717) 236-9428 o FAX (717) 236-2817 BRENT BOYER, PLAINTIFF ROBIN BURl), DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3843 CIVIl, TERM CIVIL ACTION - IN CUSTODY Assin~ment: The Honorable J. Wesley Oler PETITION FOR RECONSIDERATION OF INTERIM CUSTODY ORDER WITH EXCEPTIONS TO INTERIM ORDER AND NOW, comes Robin Burd, by and through her counsel, Smigel, Anderson & Sacks, and avers as follows: 1. Plaintiff/Father is Brent Boyer who currently resides at 1542 Route 209, Millersburg, Dauphin County, Pennsylvania. 2. Defendant/Mother is Robin Burd who currently resides at 809 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania. 3. The parties are the parents of Matthew Eric Boyer, bom October 18, 1992, Nicholas Carl Boyer, born December 2, i 993, and Katherine Ann Boyer, bom October 4, 1995. 4. The parties were divorced in 1999. 5. Prior to the current proceedings, the parties' custody arrangement was verbal with Plaintiff/Father having alternate weekends a. nd one evening per week, although Father never exercised the one evening per week nor requested to do so until after he began living with his present fiancee. 11. follows: 6. PlaintifffFather filed a Complaint for Custody on August 12, 2002. Atrue and correct copy of Father's Complaint for Custody is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth. 7. A conciliation conference was scheduled and held before Melissa P. Greevy, Esquire, on September 23, 2002. 8. Thc parties were unable to reach an agreement resolving all issues at the time of the conciliation conference. Although the parties were able to agree on some provisions, sharing of the Christmas holiday, the summer custodial schedule and transportation matters are still at issue. 9. An Interim Order of Court, executed by Judge J. Wesley Oler, Jr., dated September 30, 2002, was received by Defendant/Mother's counsel on October 2, 2002. A true and correct copy of the Interim Order is attached hereto as Exhibit "B" and is incorporated herein as if fully set forth. 10. Paragraph 10 of the September 30, 2002 Order provides an opportunity for either party to request a hearing on the disputed issues as indicated in paragraph 8 above. Defendant/tvIothe~s exceptions to the September 30, 2002 Order are as A. Paragraph 5 (Transportation). Defendant/Mother is not in agreement with Plaintiff/Father's fianc6c providing transportation for the parties' children. Defendant/Mother has, in fact, agreed to provide the transportation when Plaintiff/Father is unable to do so. Defendant/Mother fears for the safety ofhgr children ifthcy are loll unsupervised with Father's 21 year old fianc6e becausc ofincidcnts dcmonstrating fiancee's irresponsibility. B. Paragraph 9 (Summer). Defendant/Mother is opposed to Plaintiff/Father being granted five (5) weeks of vacation in tho summer. Plaintiff/Father operates a swimming pool business. His summer work hours average approximately 80 hours per week during which time the children would be left in the care of Father's fiancee and not spending time with Plaintiff/Father. C. Defendant/Mother believes that it would be beneficial for this Honorable Court to speak with the parties' children in regard to their strong issues with Father's fiancee. The children were not heard at the conciliation conference on September 23, 2002, 12. Defendant/Mother knows of no person not a party to the proceedings who has physical custody of thc chiIdren or claims to have custody or visitation rights with respect to the children. WHEREFORE, it is respectfully requested that the matter be scheduled for hearing as soon as possible before this Honorable Court regaling the disputed issues as listed above. Date: Respectfully submitte~l, S MI GEL, ANDERSON/~I~,.~/~ 4431 North Front Street Harrisbnrg, PA 17110-1709 (717) 2.34-2t$01 Attorneys for Petitioner/Defendant VE~RIFIC&TION LeROY SMIGEL, ESQUIRE, hereby states that he is counsel for Petitioner/Defendant, Robin A. Burd, in this action and verifies that Petitioner/Defendant, Robin A. Burd, has represented to the undersigned that the statements made in the :foregoing Petition are true and correct to the best of her knowledge, information and belief. Petitioner/Defendant, Robin A. Burd, has authorized the undersigned to sign this verification on her behalf. Petitioner/Defendant, Robin A. Bard, understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to a,~thorifies. LeRoy Smig(d, Esquire Attorney for Petitioner/Defendant, Robin A. Burd Exhibit A BRENT BOYER, Plaintiff ~OBIN BURD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY/VISITATION ORDER OF COURT AND NOW, upon consideration of the attached Complaint, !it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day 2002, at .m., for a Pre-Hearing CustOdy Conference. ~t such Conference, an effort will be made to :esolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard b~ the Court, and to enter into a Temporary' Order. All children a~e five or older may, at the request of either attorney or par~y, be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporaryior permanent Order. FOR T~[E COURT, Date of Order: By: Custody Conference Officer The Court of Common Please of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individualsi having business before the court, please contact our office~ All arrangements must be made at least 72 hours prior to an$ hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER ~) 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 ~;enue Carlisle, Pennsylvania 17013 {717) 249-3166 EXHIBI~ MEYERS, nESFOR, SALTZGIVER & SOYLE 410 NORTH SECOND STREET · FO. BOX '1~62 · HARRISBURG, PA 171~ BRENT BOYER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ROBIN BURD : CIVIL ACTION - LAW Defendant : IN CUSTODY/VISITATION COMPLAINT FOR CUSTODY ~ i" AND NOW, comes the Plaintiff, Brent Boyer, by ~nd ~ro~ his attorneys, Meyers, Desfor, SaltzgiYer & Boyle and files %he following Complaint for Custody and lin support thereof aversias follows: 1. The Plaintiff is Brent Boyer, an adult individual resid~n9 at 1542 Route 209, Millersburg, Pennsylvania. The Defendant is Robin Burd, an adult individual residing at 809 Yverdon Drive, Camp Hill, Pennsylvania. Plaintiff seeks shared legal and physical custody of t~e following children: Name Present Address Matthew Eric Boyer 809 Yverdon Drive Camp Hill, PA ~icholas Carl Boyer 809 Yverdon Drive Camp Hill, PA Katherine Ann Boyer 809 Yverdon Drive Camp ~ill, PA Date of Birth 10/18/92 12/2/93 10/4/95 The children were not born out of wedlock. The children are presently in the custody of Defendant, Robin Burd, who resides at 809 Yverdon Drive, Camp Hill, Pennsylvania. During the past five years, the children have res~ded!w~t ~he following persons and at (List Ail Persons). ~laintiff and Defendant Defendant the following addresses: (List All Addresses) 41~ Berrysbur§ Rd. Millersburg, PA 809 Yverdon Drive Camp Hill, PA tDates) birth to 1999 1999 to present The mother of the children is Robin Burd, currently residing at 809 Yverdon Drive, Camp }{ill, Pennsylvania. She is divorced. The father of the children is B~rent Boyer, currently residing at 183 Moore Street, Millersburg, Pennsylvania. He is divorced. 4. The relationship of Plaintiff to the children is that o~ Father. The Plaintiff currently resides with his fiance, Desiree Klouser. 5. The relationship of Defendant to the children is that of Mother. The Defendant currently resides with her new husband, Eric Burd and the three children. 6. Plaintiff has not participated as a party or witness, ~r in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the! 3 proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interests and permanent welfare of the children will be served by granting the parties shared legal andI physical custody of the children. Since the parties separation, the Defendant has maintained primary physical custody of the children. Plaintiff has had partial physical custody of the children on alternating weekend~ by agreement of the parties. Plainuiff has asked for additional periods of partial physical custody of the children and Defendant has eitb~er refused outright, or agreed and then changed her mind. Defendant has used ~he children as messengers between the parties and Plaintiff believes this is inappropriate~. Plaintiff has a good relationship with the children and would like that relationship to continue, howe'~er, Defendant frequently interferes with that relationslhip. Plaintiff requestslthat the parties have shared legal and physical custody of khe children, so that he can provide them with the nurturahce, love and 9~idance which they need. i 8. Each parent whose parental rig'hts to the children hav~ not been terminated and the person who has physical custody of the children have been n~med as parties to this act±o~. 4 M~ER$, DESFOR, SAt3ZGI%'ER & BOYLE 4~0NORI~I~ECONDSTREET · P.O BOX 1062 · HARRt~I~.URG, WHEREFORE, Plaintiff, Brent Boyer, requests this Honorable Court grant the parties shared legal and physical custody of the children. Respectfully submitted, & BOYLE Attorney I.D. ~61382 43.0 North Second Street P.O. Box 1062 Marrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff 5 MEYERS, DESFOR, SAL'~GIVER & BOYLE 4~oNOR-i-HSECONOSTRE · p,O. BOX~062 · HARRIS6URG, PA1710~ VERIFICATION I, . Brent Boyer verify Lhat EWe sna~ements made ~ this _ C~mpla4nf cf m}, know!edue, informaticn and belief. ! under~tand %}~5~ false ~,-=~ made subjecu to the stauements h .... n are C.S. Section 4904, relating to unswcrn falsification to Dated: Defendant Exhibit B BRENTBOYER, ROBIN BURD, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3843 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this jcz,~ day of -~L~-,~-.iD~.- ,2002, upon consideration of the attached Custody Conciliation Summar~ Report, it is hereby ordered and directed a~s follows: 1. Legal Custody. The parties, Brant Boyer and Robin Burd, shall have shared legal custody of the minor children, Matthew Eric Boyer, born October 18, 1992, Nicholas Cad Boyer, bom December 2, 1993, and Katherine Ann Boyer, born October 4, 1995. 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 ndt limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. {}5309, each parent shall be entitled to all records and information pertaining t the children including, but not limited to, medical, dental, religious or school records, th residence address of the children and of the other parent. To the extent one parent ha possession of any such records or information, that parent shall be required to share th same, or copies thereof, with the other parent within such reasonable time as to make th records and information of reasonable use to the other parent. Both parents shall b entitled to full participation in all educational and medical/treatment planning meetings an, evaluations with regard to the minor children. Each parent shall be entitled to full an~ complete information from any physician, dentist, teacher or authority and copies of an reports given to them as parents including, but not limited to: medical records, birt certificates, school or educational records, attendance records or report cards. Additionallyl, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentationsi, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject tO Father's rights of liberal partial custody which shall be arranged as follows: A. To commence October 4, 2002 on alternate weekends from Fridays at 4:45 p.m. until Sunday at 6:30 p.m. NO, 02-3843 CIVIL TERM B. In the event that Monday following Father's custodial weekend is a school holiday, his weekend shall be extended until 6:30 p.m. on Monday. In the event that the Friday of Father's custodial weekend is a school holiday, Father's custodial weekend shall commence Thursday at 4:45 p.m. C. Two (2) evenings per month from 4:45 p.m. to 7:30 p.m. upon five (5) days notice to Mother. Father shall be responsible for providing dinner and supervision of homework incident to these mid-week periods of partial custody. D. During Father's custodial weekends, Father shall be responsible for the supervision of the children's homework. Dinner on Sunday evenings shall be with Father. Father will also have the children bathed before they are returned to Mother at the end of his custodial weekend. 3. In the event that either parent is going to be more than fifteen (15) minutes la~e for a custodial exchange, that parent will notify the other parent and make arrangements for the custodial exchange to occur as promptly as possible. 4. Holidays. A. Thanksgiving. Thanksgiving shall be divided into two (2) segments, Segment A and Segment B. Segmen[ A shall be from the day before Thanksgiving at 4:45 p.m. until Thanksgiving Day at 4:00 p.m. Segment B shall be from Thanksgiving Day at 4:00 p.m. until Friday at 4:00 p.m. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment E,. B. Christmas. Christmas shall be divided into two (2) segments, Segment A and Segment B. Segment A shall be from December 24th at noon to December 25th at noon. Segment B shall be from December 25th at noon until December 26a at noon. In even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. C. Memorial Day, independence Day ;and Labor Day. These holidays shall be observed by the parent who has the preceding custodial weekend. However, in the event that Independence Day falls on a Thursday or a Friday, the holiday shall be observed by the parent having the custodial weekend following Independence Day, NO. 02-3843 CIVIL TERM D. Easter. Easter shall be divided into t~vo (2) segments, Segment A and Segment B. Segment A shall be from the Saturday before Easter at 4:00 p.m. until Easter Day at 4:00 p,m. Segment R shall be from Easter Day at 4:00 p.m. until the Monday following Easter at 4:00 p.m. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. In even numbered years, Father shall have Segment A and Mother shall have Segment B. E. New Year's Eve / New Year's Da}/. This holiday shall be defined as the time from 4:30 p.m. on December 3IS'through 6:30 p,m. on January 1st. This holiday shall alternate with Mother having the holiday in even numbered years and Father having the holiday in odd numbered years. 4. BB Guns. The children shall be supervised by an adult and wear protectiw eyewear when they are using BB guns. 5. Transportation. Transportation shall be shared by the parties incident tO Father's custodial weekends by the parent receiving custody providing transpodationi. Father shall provide transportation incident to his weekday periods of custody, it shall be permissible that Father's fiancee provide transportation of the children incident to hi~ custodial exchanges if he is unable to be present to pick them up at the commencement o1[ his custodial periods. 6. Compensator), Time. In the event that a parent misses a custodial weekend and elects to surrender their time to the other parent, that parent is entitled to compensatory time on another custodial weekend. In the event that w~cation is scheduled on another parent's custodial weekend, the parent surrendering a oustodial weekend to permit the vacation to occur shall be entitled to a compensatory weekend within sixty (60) days of the traveling parent's return from vacation, unless otherwise agreed. 7. Father shall be entitled to custody of the children in 2002 for the period from December 26th at 4:30 p.m. until December 30t~ at 6:30 p.m., during which time the children shall participate in festivities related to Father's upcoming wedding. 8. In the event that either pady would have thE; children away from their home overnight, they shall provide the non-custodial parent with notice of the telephone numbe~ where they can be reached and location where they will be staying. During vacation, thei non-traveling parent shall be entitled to three (3) phone calls within any seven (7) day blocki of travel: a telephone call on the arrival day, a telephone, call during the vacation, and a: final call at a reasonable time in relationship to the time of departure to return home. NO, 02-3843 CIVIL TERM 9. Summer, Father shall be entitled to custody for one (1) week in June, two (2) weeks in July, and two (2) weeks in August each year. Father will provide Mother with notice of his intended vacation/summer custodial schedule no later than March 1st each year. Custodial weeks for the summer schedule shall commence on Saturdays at 8:00 a.m., unless otherwise agreed. Father's custodial summer weeks shall not run consecutively. The children shall be in the custody of Mother the last full week before school starts. 10. In the event that either party is aggrieved by the terms of this Order, upon petition of either party fi[ed within thirty days of the date of this Order, a headng before this Court will be scheduled to address the issues in dispute: (1) sharing of the Christmas holiday, (2) the summer custodial schedule, and (3) the transportation of the children Father's fiancee. All other terms of this Order encompass agreements reach by the parties in the process of the Conciliation. BY THE COURT: Dist: Laurie A. Saltzgiver, Esquire, PO Box 1062, Harrisburg, PA 17108 LeRoy Smigel, Esquire, 4431 N. Front Street, Har~$burg, PA 17110-1709 BRENT BOYER, Vo ROBIN BURD, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3843 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY' RULE OF CIVIL PROCEDURE t915.3-8, 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 THE CUSTODY OF Matthew Eric Boyer Nicholas Cad Boyer Katherine Ann Boyer October 18, 1992 December 2, 1993 October 4, 1995 Mother IV[other Mother 2. A Custody Conciliation Conference was held on September 23, 2002 response to Father's Complaint for Custody filed on or about August 15, 2002. Present for the conference were: the Father, Brent Boyer, and his counsel, Laurie A. Saltzgiveri Esquire; the Mother, Robin Burd, and her counsel, LeRoy Smigel, Esquire. 3. Father's position on custody: Father filed a Complaint for Custody seeking ~ have shared physical custody of the children who have been in the primary custody Mother since 1999. Up to now, them has been no fermal Court Order specifying a schedule. 4. The parties reached agreements modifying the custodial schedule putting in a partial holiday schedule, telephone contact, homework supervision, school information sharing, the use of BB gun, and most holidays. 5. Issues upon which the parties did not agree: (a) the Christmas schedule; (b)! the summer schedule; and (c) allowing Father's fiancee assist in providing transportation. NO. 02-3843 CIVIL TERM 6. Mother's position on the issues in dispute: A. Christmas. Mother has apparently had the children for each Christmas Eve and Christmas morning for the last four (4) years and will not agree for Father to have any type of sharing of the Iholiday which would permit him to be with the children "while they are this young" on Christmas morning. As an alternative, she offers to allow him to have them on Christmas Eve until 8:30 p.m. and from 11:00 a.m. Christmas Day until 11:00 a.m. December 26t~ each year. B. Summer Schedule. Mother would agree to two (2) weeks of custody for Father in the summer. She would not agree to Father's request for a week-on week-off arrangement, The Conciliator explored the option of shorter periods of time away from each parent such as three or four day blocks in an attempt to maximize time with each parent during the summer when the children are without school obligations. However, IVlother felt that this was too much time for the children to be away from her. C. Transportation Incident to Periods of Custody. Mother has offered to sham in the transportation by providing part of the transportation incident to Father's custodial weekends. However, ,,the feels very strongly that Father's fiancee, Desiree, should not be providing transportation for the children. Her distrust of the safety of this arrangement is apparently based on reports which she has received that Desiree has left the children unsupervised at a swimming pool and at a mall, and that she was present during an incident when one of the children got hit in the chest by a BB from a BB gun. She is further concerned that the relationship between Father and his fiancee is somewhat tumultuous. 7. Father's position on the issues in dispute: A. Christmas. Father would like to split the holiday so that the children get to spend Christmas Eve and Christmas morning with each parent in an alternating year arrangement. B. Summer Schedule. Father would like to have the children on a week-on week-off schedule dudng the summer so that he could spend more time with them at a time of the year when there would be less disruption to their school schedule. Father reports that the summer time is busy in his pool business but that because he is self-employed, he has the ability to take time off at his discretion. NO. 02-3843 CIVIL TERM C. .Transportation Incident to Periods of Custody. Father believes that there are no safety issues with regard to Desiree providing occasional transportation incident to periods of custody. He denies that she has had any driving offenses that would provide any cause for concern in the operation of the vehicle. 8. The Conciliator provides an Order encompassing the parties' agreements and recommendations regarding the issues in dispute. The Order gives the parties the option of requesting a hearing on the disputed issues. Date Melissa Peel Greevy, Esquire Custody Conciliator :163185 BRENT BOYER, PLAINTIFF ROBIN BURD, DEFENDANT : IN THE COLrRT OF COMMON PLEAS : CUMBEKLAND COUNTY, PENNSYLVANIA : NO, 02-3843 CIVIl, TERM : CIVIL ACTION - IN CUSTODY CERTIFICATE OF SERVICE I, LeRoy Smigel, Esquire, attorney for Petitioner/Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the Petition on counsel for Respondent/Plalntiffby depositing same in the U.S. Mail on October 30, 2002, with postage prepaid for first class mail and addressed as follows: LAURIE A. SALTZGIVER, ESQUIRE MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 The Petition was also forwarded to counsel for RespondentYPlaintiff on October 30, 2002, via facsimile transmission to 71% 236-2817. SMIGEL, ANDERSON ~ SACKS, LLP By:. LeRoy 8ntt,[gel, Esquire ID #09617 4431 North Front Street Harrisburg, PA 171 I0-1709 (717) 234-2401 Attorney,s for Petitioner/Defendant