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",: ':'.., I:;'}~' , ,c';: "':,' , '.., '," '. i'" L" :,", . .. ," '::"'., '" " ,",:''':,:,:''':''', ',.... " " ',':, .- '" :,,:::,' ...", .:. '::':'" .,...: -" , . . . . .,": '. cc ,':':i",.. :' ,'c. '":;""",'",",;,;:." +'- -':, "".." " .:',:,:.,", ; ,,'..:/ , . ....... ,:' :,' ...., ,. '< " ".,.,' 'c ".', :, .- :i -0> ~:i; .. ,"'" " ~ "t,~ "J '. -~.~~ :~~\~~~" -:, ~ :~~~ t! ~'i'- ~,','~.","" ' .,. ..;* ~,/~~':;~ 1i:':J~ L<:,:~') , . :,d~ ....,}<f :..:"n ;".', , "'1rJ ~~:~;~~~" ~.:;~~ ~~I,\j~! .~:\: ':~, ;,t ~',:,~~ ..,."",,~ fF~ ~v:~ 1:,';':~ J,~,i~~~ ;};~-,,''':. ::.j ',~~, "'~ f.:l:.' .'.~., "::.J:; ~;.: ~~ill J;'::~i,t~'::~~~l ~ ~ -: .~' ...~^~ ;i,;;,J~ ,1 '1~I~~J;.% ~ ~ ~ ~ t 7~ .~'~^; -' ~I ~~[~ j~., .}j 1 '.~ ",,~ 'j ~ ._-.-.~ .;. ~ ,.: .:~ . 'll ".-! :,C", ,.... ",h' ;-",': ;::':.'. "\~ "~t ,:~ ~';q " .. ", ~ c5 . -J :2 V '/ cD ~ ~ J ".' .:\bycll.p'" iii. tI <l594-9~1 MICHAEL R. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA NO. 95-1713 CIVIL TERM CIVIL ACTION va, LINDA M, BYERS, Defendant IN CUSTODY J. BACKGROUND The parties hereto were married and are divorced parents of two children: Sean M. Byers, born April 13, 1982; and Jason P. Byers, born November 6, 1983, After the parties' separation, Mother enjoyed primary physical custody of the children, an arrangement which was formalized In the custody provisions of the parties' Property Settlement Agreement. Father, according to the Agreement, was to have custody during the summer, but after the first year or two, failed to exercise that custody. Similarly, Father was to have custody on Wednesday evenings from 5:00 until 8:00 p.m, This right he also forewent. Therefore, until the Winter of 1994, Father was only moderately Involved in the children's lives. One of the children, Jason, suffers from Juvenile arthritis, a condition which requires constant monItoring and care, and which was, over the course of the children's young lives, the responsibility of Mother who took time from work when Jason was ill and got hIm to his doctor's appoIntments. During the Winter of 1994-95, Father decided that he wished a greater roll In the children's lives and asked Mother for some additional time to a:\bycn.pre Iikll 4594-95-41 III. PROPOSED RESOLUIION Mother agrees that at this age In their lives the boys should have more contact with their Father, However, she objects to Father having two out of every four weeks. She proposes that Father have one week out of every four, Respectfully submitted, FLOWER, MORGENTHAL FLOWER & UNDSAY, P.C. Attorneys for Defendant By: say, Esquire 3 MICHAEL R. BYERS, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 95-1713 CIVIL TERM v. . . CIVIL ACTION IN CUSTODY LINDA M. BYERS, Defendant PLAINTIFF' S PRETRIAL MEMORANDUM AND NOW, comes the plaintiff, Michael R. Byers by and through his counsel, Barbara Sumple-Sullivan, Esquire and files the following pretrial Memorandum: I. STATEMENT OF CASE This is an action filed by the Plaintiff, Michael R. Byers to seek shared legal and physical custody of the minor children, Sean M. Byers (D.O.B. 04-13-82) and Jason P. Byers (D,O.B. 11-06- 83). The children are presently in the primary custody of their mother, Defendant, Linda M. Byers. The minor children in this action have requested that they be able to spend more time with their Father. Plaintiff is able to provide a stable, loving and stimulating environment for the children. The Plaintiff is able to provide for their care in accordance with such a schedule despite a swing shift at his employment since he works dayshift on an alternating basis. The parties are able to utilize the same child care provider given the close proximity of their residences. 6. Dr. Barbara Ostrav: Children's Juvenile Rheumatoid Arthritis Therapist regarding Jason's therapy. 7. Kathy Rutledge: Capital Area Intermediate Unit: Itinerant Emotional Support Teacher: Assistance given to Jason relative to Defendant's home environment. Dated: 7;5.//9)-- Respectfl,ll- / /' &ra 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Counsel for Plaintiff re 3 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 95-1713 CIVIL TERM CIVIL ACTION IN CUSTODY MICHAEL R. BYERS, Plaintiff LINDA M. BYERS, Defendant CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the PLAINTIFF'S PRETRIAL MEMORANDUM, in the above-captioned matter upon the following individual that was hand carried for personal service: Carol J. Lindsay, Esquire Flower, Morgenthal, Flower and Lindsay 11 East High Street Carlisle, PA 17013-30 6 / arbara Sumpl Su 549 Bridge Street New Cumberland, PA 17070 Supreme Court 1.0. No. 32317 Attorney for Plaintiff DATED: .~//~/- . ' MICHAEL R. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 95-1713 CIVIL TERM CIVIL ACTION IN CUSTODY v. LINDA M. BYERS, Defendant PLAINTIFF' S PRETRIAL MEMORANDUM AND NOW, comes the Plaintiff, Michael R. Byers by and through his counsel, Barbara Sumple-Sullivan, Esquire and files the following Pretrial Memorandum: I. STATEMENT OF CASE This is an action filed by the Plaintiff, Michael R. Byers to seek shared legal and physical custody of the minor children, Sean M. Byers (D,O.B, 04-13-82) and Jason r. Byers (D,O.B. 11-06- 83). The children are presently in the primary custody of their mother, Defendant, Linda M, Byers, The minor children in this action have requested that they be able to spend more time with their Father. Plaintiff is able to provide a stable, loving and stimulating environment for the children. The Plaintiff is able to provide for their care in accordance with such a schedule despite a swing shift at his employment since he works dayshift on an alternating basis, The parties are able to utilize the same child care provider given the close proximity of their residences, 6. Dr. Barbara Ostrav: Children's Juvenile Rheumatoid Arthritis Therapist regarding Jason/s therapy. 7. Kathy Rutledge: Capital Area Intermediate Unit: Itinerant Emotional Support Teacher: Assistance given to Jason relative to Defendant's home environment. Dated: 7;1.//9 J-- Respectful //.1'. &ra 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Counsel for Plaintiff ire 3 . ' MICHAEL R. BYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. . NO: 95-1713 CIVIL TERM . . . LINDA M. BYERS, CIVIL ACTION IN CUSTODY Defendant . . CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the PLAINTIFF'S PRETRIAL MEMORANDUM, in the above-captioned matter upon the following individual that was hand carried for personal service: Carol J. Lindsay, Esquire Flower, Morgenthal, Flower and Lindsay 11 East High Street Carlisle, PA 17013-3016 /~ arbara Sumpl SuI Esquire 549 Bridge Street New Cumberland, PA 17070 Supreme Court 1.0. No. 32317 Attorney for Plaintiff DATED: ,~//t:/- MICHAEL R. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW CJS- 1713 -( C "'~, NO. CIVIL f'. fVI CUSTODY vs. LINDA M. BYERS, Defendant ORDER OF COURT AND NOW, f(p(,1 18"; 11'i.r , upon consideration of the attached complaint, it is hereby direct~d that the garti~s and their respective counsel appear before U""-VIl S. S.-Y),;I4.{ b>!iJ the conciliator, at '31 lv, """'in '"31 fV'l"ei",^,.,;/to'!1 on the I'.? (-).. - day of 'In (/.!./- , 1995, at ll.!:.".I} M., 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 ilt the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: O<t... Custody The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabili ties 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 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 MICHAEL R. BYERS, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. CIVIL CUSTODY LINDA M. BYERS, Defendant COMPLAINT FOR SHARED CUSTODY 1, The Plaintiff is MICHAEL R. BYERS, residing at 422 Dogwood Court, Carlisle, Cumberland County, Pennsylvania 17013. 2, Defendant is LINDA M, BYERS, residing at 5 Tanger Road, Boiling Springs, Cumberland County, Pennsylvania, 3. P1aint:1ff seeks shared custody and of the following children: fiAtm ADDRESS mm SEAN M. BYERS 5 Tanger Road, Boiling Springs, PA 4-13-82 5 Tanger Road, Bo11ing Springs, PA 11-6-83 JASON P. BYERS The children were not born out of wedlock. The children are presently in the custody of MOTHER who resides at 5 Tanger Road, Boiling Springs, Cumberland County, Pennsylvania, During the past five (5) years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES LINDA M. BYERS 5 Tanger Road, Boiling Springs, PA 1994 - Present SEAN M. BYERS JASON P. BYERS LINDA M. BYERS 5 Tanger Road, Boiling Springs, PA 1992 - 1994 SEAN M. BYERS JASON P. BYERS LEON SIDEBODY LINDA M, BYERS Camp Hill 1989 - 1992 SEAN M. BYERS JASON p, BYERS LEON SIDEBODY The mother of the children is LINDA M. BYERS, currently residing at 5 Tanger Road, Boiling Springs, Cumberland County, Pennsylvania, She is divorced, The father of the children is MICHAEL R, BYERS, currently residing at 422 Dogwood Court, Carlisle, Cumberland County, Pennsylvania, He is divorced. 4. The relationship of the Plaintiff to that of the children is that of father. The Plaintiff currently resides with the following persons: fiaHE SELF RELATIONSHIP 5, The relationship of the Defendant to the children is that 2 I :~ of mother, The Defendant currently resides with the following persons: liAM& RELATIONSHIP SEAN M. BYERS Son JASON p, BYERS Son 6. Plaintiff has not participated as a party or a witness, or 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 proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) The father desires to maintain a constant and loving relationship with his children, b) The children have expressed their desire to spend more time with their father. c) Mother father. cause. had agreed to allowing additional time with However, she has now wi thdrawn same wi thout d) Father is able to provide a stable environment for the children. Since both parties are in the same school district, school and child care coordination problems are moot, 6. Each parent whose parental rights to the children have not 3 been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared custody of the children. Dated: Y~/9J Bar ara umple-Sullivan, 549 Bridge street New Cumberland, PA 17070 (717) 774-1445 Supreme Court No. 32317 4 :.:c c.- In .... ~ >-,. '~l- ....(;.d .-......,...t 'Ut"1.;,,,_... ~~~~,~~ -'J'-:r:_ ~~,;~ :~t,~ ..J ~'ry It g~ ~ ~ - _I ~ ~ \l <:l .~ .... '~ ~~~, ~ - , -"..'-:: ..,.....,.;J -:r ..:: it g: ...:J """ \~ ~ e ~ = ~; ~! ""trl "ll ~ ~ t'" 2:1 m ~ UJ ~ ~ > t'" ~ ~ ~ " , . MICHAEL R. BYERS, . IN THE COURT OF COMMOO PLEAS OF . Plaintiff . CUMBERLJ\NO COUNTY, PENNSYLVANIA . . . vs. . NO. 95-1713 CIVIL TERM . . . LINDA M. BYERS, . CIVIL ACTIOO . Defendant . IN CUSTODY . ClU>ER OFaxm .,t/' I) AND~, this () , day of ,,/"" l< - , 1995, upon consideration of the attached CUstody Conciliation Report, it is hereby ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 'I of the CUrrberland County Court House in Carlisle, on the .;(Joe< day of OU!l{{ .rt: , 1995, at /.'.3 (J ..a...m., at which time testimony will be tak~n in the above case. At this Hearing, the Father, Michael R. Byers, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file a Memorandum with the Court setting forth each party's position with respect to custody and also setting forth a list of all witnesses who will be called to testify at the Hearing along with a sUlllllary of the anticipated testimony of each witness. This Memorandum shall be filed with the Court and opposing counsel at least fifteen (15) days prior to the scheduled Hearing date. 2. Pending further Order of this Court, the custody provisions of the parties' Settlement Agreement which was incorporated into their oi vorce Decree in 1988 shall remain in effect with the following modification: During the 1995 summer vacation, the Father and the Mother shall alternate physical custody of the Children on a weekly basis to coincide with the Father's day shift at his place of employment. In the event the Father's work schedule is changed to night shift during a week in which he would otherwise have physical custody of the Children, the Father shall contact the Mother as soon as possible so that the Mother may have physical custody of the Children that week. This modified schedule shall begin at the termination of the school year in June 1995 and shall terminate at the begiMing of the school year in August or SeptenDer 1995. BY THE COURT, ,4;1 J. cc: Barbara Sumple-Sullivan, Esquire Carol Lindsay, Esquire ~ ~t. ls>/q J4.!'. ",J 6'. ?? \~' JUN 8 3 '13 PH '95 I,., 0< OffiCE Of Thr. i ',(;ri/OI{~r4"t' CU"'~E/(~4~D C":.('fn Ptll'~SYLVA~.~ MICHAEL R. BYERS, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND CXXlNTY, PENNSYLVANIA . . . vs. . NO. 95-1713 CIVIL TERM . . . LINDA M. BYERS, . CIVIL ACTIOO . Defendant . IN CUSTODY . aJS'lmY CXH:ILIATIOO SlHIARlt' REPCRr IN AOCXIUlANCE WI'l'B ~ <DBlY RIJLB OF CIVIL PR('"KS'IJRB 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Sean M. Byers Jason P. Byers April 13, 1982 November 6, 1983 Defendant/Mother Defendant/Mother 2. A Conciliation Conference was held on May 18, 1995 with the following individuals in attendance: The Father, Michael R. Byers, with his counsel, Barbara SUllple-Sullivan, Esquire, and the Mother, Linda M. Byers, with her counsel, Carol Lindsay, Esquire. 3. Under a 1988 Property Settlement Agreement which was incorporated into the parties' Divorce Decree, the parties currently have shared legal custody and the Mother has primary physical custody. During the school year, the Father has partial physical custody on alternating weekends and one day per week. During the SUlTlllE!r, the Father enjoys custody of the Children during the weekdays with the Mother having physical custody on alternating weekends. Also under the prior Agreement/Order the parties enjoyed custody of the Children on holidays on an alternating basis. 4. The Father's position concerning custody is as follows: the Father ststed that he filed his Petition for increased custody because the boys requested that they be able to spend more time with their Father. According to the Father, he has had physical custody of the Children on nearly an alternating weekly basis throughout 1995. The Father believes this schedule has worked well for the Children and school officials have indicated that the schedule has been beneficial to the Children. The Father explained that he works the day shift at his employment on alternating weeks and seeks to modify the existing CUstody Agreement/Order to provide for shared physical custody alternating on a weekly basis and coinciding with his day shifts at work. 5. The Mother's position on custody is as follows: the Mother acknowledged that the Children, ages 13 and 14, have expressed an interest in spending additional time with their Father. The Mother denied that the Father actually had physical custody of the Children on a nearly alternating basis in 1995. The Mother believes that a shared custody arrangement whereby custody is alternated weekly would be disruptive to the Children and would not be in their best interest. The Mother expressed concern that the Father has not exercised his rights under the existing Agreement/Order to extended summer custody, alternating weekends or even the one day per week periods of partial custody since 1991 because the Father has not had sufficient time for the Children. The Mother, however, would agree to an expanded partial custody schedule whereby the Father has physical custody of the Children during one day shift week per month. 6. There do not appear to be any practical problems with respect to sharing physical custody of the Children on a limited or expanded schedule. The parties use the same babysitter in their homes and apparently, to the extent the Father's periods of partial custody have been expanded to include some weekday custody, the arrangements have worked reasonably well. The main issue to be resolved is whether physical custody should be shared on a fifty/fifty basis by the parties or whether the Mother should continue to have primary physical custody with the Father having an expanded one week per month period of partial custody. 7. The parties were not able to agree on a CUstody Order at this time. Therefore, it will be necessary to schedule a hearing in this matter although the Conciliator is optimistic that the parties will be able to continue their efforts to reach an appropriate custody arrangement by mutual agreement prior to the hearing. 8. The parties were able to agree to an interim custody arrangement pending hearing, under which the parties would share physical custody of the Children on an alternating weekly basis beginning at the termination of the school year. The alternating schedule would be arranged to coincide with the Father's day shift at work. 9. The Conciliator recOlll1lends an Order in the form as attached. DA~ ::?o 199,;- , ~..~ Dawn S. sunday, re CUstody Conciliator ~~~~ I :1- CJ iB :~i1t... n~~ ... ..0 - - ~ :: = :-:-< ~ ... ::s I III ~ ..... ~~ 'It i/(, 'll .5". .... ~ It" ~ ..... ~'!Ii t :! " C . , - "8 ,.... ~ i~g~ mm II ~ e ._ ' QI !'I ~ ,. c ~ ~8 ~ :... ~.2 == .. ~ ~. '"' j;iwtu"',;: . ... . In I ~~~ a: . ~ ~5 ~ :E: ~ ~J~ ~ ~ .... .. . . . :i " p ,. d il 'I I, (l'Il,l.""h.. } i I I I I i I I i i , I I I I I , I I I I I I I I I I I I I I I I I i I I I ~ : ~ ~ ~ '\. ~ II, <; ~ I., P 210 056 964 .' ii d Ii I Ii II Ii .! " Ii H " lj I, ,. Il II I: ., Ii II iI II ;i 'I I' ,I .1 j! ,I 't Ii Ii ., I. II I: ! - ... ~ Receipt for Certified Mail __ No Insuranco Coverage Provided =:'..l'::l 00 not use for International Mail (Seo Reversel 1'0'.1,".1" S,wt...' O,I':...."~ f._,_ Rll"I'~Il!'t lJt.i1.r'~ '-h' m H"lulIlll..n"l'l ~"""'In'l en 10 Whllm " [l,l'" [)..,,~,....tl - CJ Hl"lurn fll'n..tll ~,t.,')"'H"II" .....,.um 5 DJlt'. J'" 'O.'~ ^'l<I,.'~~ -. o o CXl M E o u. le II ,"....- EXHIBIT "A" - ., Q - ci Z ".. 0 ~ ". - ::i :!: on ,. ../ Z t7t ..:;>- :J ti ~ - ..-r~ III .. ;J 2: ~)~l'::~~.l' e LiJ E ~ a.- ~~:~~;, ../ In 'E n. .. z Lt> " ffi 0 :E D ,"'J ',,,,,,- ~ :J ii: Q, .;, < :-!~lf: III lD ci .. -:r < .. z ...... 0: " j -' ~:; c:~ < II: = m laJ -, 0: lD < :::E m :J 0 ~ Z . ; r . .. parents with the mother having custody from Sunday evening through Wednesday morning, and the father having custody from Wednesday evening after sehoolthrough the following Sunday at 7:00 p.m. d. Custody during week four shall be in the mother. During the children's summer vacation from school, the custody of said children shall alternate between the parties on a week to week basis with week three of the above mentioned cycle not being divided between the plaintiff and defendant. The foregoing provisions notwithstanding, custody of said ehildren will alternate between the parents on the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving, commencing with the mother in 1995 on Thanksgiving. With the exception of Thanksgiving, custody on the holiday shall extend from 9:00 a.m. to 7:00 p.m. On Thanksgiving, custody shall extend from Thursday morning at 9:00 a.m. through Monday evening at 7:00 p.m. Mother shall have custody on Thanksgiving in odd numbered years. Custody on Thanksgiving shall be in the father in even numbered years. The parties shall alternate the periods from Christmas Eve at noon to Christmas Day at noon, and Christmas Day at noon until noon on December 26th. In odd numbered years, the father will have custody during the period commencing on Christmas Eve and the mother shall have custody during said period in even numbered years. Each parent will be entitled to take the children on their vacation from work provided that the children are not in sehool. It is anticipated that these vaeation days will be taken during a week during which said parent would normally have custody of the children. In the event that this is not feasible, the parties shall exchange weeks for the purpose of accommodating vacation custody. Custody of ehildren will be in the mother on Mother's Day and in the father on Father's Day with eustody extending on these days from 9:00 a.m. to 7:00 p.m. . . MICHAEL R. BYERS PlaintiH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - CUSTODY v. LINDA M. BYERS, Defendant NO. 95-1713 CUSTODY ORDER OF COURT AND NOW.~. upon consideration of the auached complaint, it is hereby dlrecled tl1lltlhe pnrlles nnd their respective counsel~ear before Itht~~. (;;rc~ ,15q the I ~lh-' (b!'O 8 (""Du'IC,".Ir.. a~ t concilnlor. nl 'CIY en 1(' \"1 (n r~"'>l' on t -=L aay of t-A.n~ ,19 ,at ur .. for n Pre-Henrlng Custody Conferencc. At such conference. an effort will be made to re olve the issues in dispute: or if this cannol be accomplished. to define and narrow the issues to be henrd by the court. nnd to enler into a temporary order. All children age five or older may also be presenlnllhe conference. Failure to appear althe conference may provide grounds for entry of nlempornry or permanent order. FOR THE COURT. By:10t 0e1 '* --Y~I~1J f ~' Custody Conciliator The Courl of Common Plens of Cumberland County is required by law 10 comply with the American with Disabilities Act of 1990. For information aboul accessible facilities and rensonable accommodations available to disabled individuals having business before the court, plcnse contnct our office. All arrangements must be made atleasl 72 hours prior to any hearing or business before Ihe court. You must auend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE. 4TH FLOOR CARLISLE. PA 17013 (717) 240-6200 MICIIAEL R. BYERS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY v. LINDA M, BYERS. Defendant :NO. 95-1713 CUSTODY ORDER OF COURT You, LINDA M. BYERS, Defendant, have been sued in Court to obtain custody. partial custody or vlsitallon of the child(ren): SEAN M. BYERS and JASON P. BYERS. You are ordered in -----------, at to person on appear at O'clock for: [ ] a conciliation or mediation conference [ ) a pretrial conference [ ) a hearing before the Court If you fail to appear as provided by lhis Order an Order for Custody. partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE. 4TH FLOOR CARLISLE. PA 17013 (717) 240.6200 5. The relationship of the Petitioner to that of the children is that of Father. The Petitioner currently resides with the following persons: NAME RELATIONSHIP Mary Stahl Fiancee 6. The relationship of the Respondent to the children is Mother. The Respondent currently resides with the following persons: UNKNOWN 7. Petitioner s.::eks to share equal time with children. The children have expressed their desire to live with Father on an alternating week basis. This has been difficult due to his night shift work. Presently, in light of his residing with Mary Stahl and his pending marriage in April, 1997. he can provide an uninterrupted home environment at night which could not previously occur due to his work schedule. 8. Each parent whose par~ntal 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. WHEREFORE, the Petitioner requests the Court to ren to the Petitioner. DATE: 7 Barbara Sumple-Sullivan. Esquire 549 Bridge Street New Cumberland. PA 17070-1931 (717) 774-1445 Supreme Court 1.0. 32317 2 . . "- ,... r uo; ;-- ~ , UJ~-:: .;J ~~ 0-. <~):::: f"( . ~. .~ " )::.,J 1- . 0_ :.J~3 y l. c\ . - 6' .;", ,~;;5 Ull... rth;' lY. F- .,< :;}C\. :c -" LJ. ~ :;,) 0 CJ ~ ., Q - ci Z l3 ~ ~ ::i ~ 5ti~ ::J II} .. :i !! ~ E ~ I:: 0.. .. Z o ::E g ffi ~ :J ii: Q, .J III D . ",,,e ... ~ Z 11:":5 ~ ffi II: m c( :l; 1II :l U ~ Z '. , . . . . , . 'Ii'. " c: \dala\domealk\ronna\affidav .Ive MICHAEL R. BYERS Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY , PENNSYLVANIA CIVIL ACTION. CUSTODY LINDA M. BYERS Defendant NO. 95-1713 CUSTODY AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Petition to Modify Custody Order and Order of Court in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. P 425 986 221, Return Receipt Requested, on the above-named Defendant. Linda M. Byers, on March 12, 1997, at Defendant's last known address: 5 Tanger Road Boiling Springs, PA 17007. The original receipt and return receipt card are attached hereto as Exhibit" A". Dated: April 8, 1997 Barbara Sumple-Sullivan, ES uire 549 Bridge Street New Cumberland. PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 , ... ED: -I .CompIeI.lt,,,,, 1lndfor 2 lor addItIonaIurvic... .. -CompI..e ittmI3. '" and 4b. I.. 'Pm vow nIl'nIlnd.ddteu on me ......,.. 01 thlI fonn 10 thai we can r.turn thI, :i COld 10 you. . AttlCl'lltVllorm 10 Iht front 01 1M malJpiKI. or on ChI back If apacI doet not e pe- G 'Wt1t1'RetumR.ceIptR~IlfI'~.on 1M maifpieCI betowthe atdde nwnber. 5 'lbe A.un R~pI wi' anow 10 whom the artld'.1I d.~ and Chi dII. e - o ] 3. Mde Addressed to: i Mt::>. !-Jr'tI;:;. M. ~t(~ u !) i1fl'ju ~al ;&111~ C2'f('f'tj? 0 p,\ 11col !l o ... .!! I also wish to receive lI1e lolIowIng .ervlce. (lor In extre ,..): 1. 0 Addre"".... Addresa 2. tj( Rellr1c1ed Delivery Consult poslmaster for ,... 48. A ele Number 1...~ 4b. Service Type o Registered" : " o Expresa Mall. 0 Insured o Retum RoceIplfor Merchandise 0 COD 7. Date, o'.Dell,,!~; \ ',!. . ., U/ cI.. CertJned -. a. Addre...e'a Address (Only If requested and lee 15 psJd) ..----.,. . Domestic Return Receipt .' .....~-~......._........... fI 425 986 221 us Postal Servica Receipt for Certified Mall No Insurance Coverege Provided. 00 nol use for Int.matlonal Mall See revelSe' 10 SheI & ~r Po.lllthco. .. & ZIP COd. PosIoQl $ 5"5 .It) CerIitIed Ft. SpecIal OelNery Fee Rattic1td llti"Mf Fee III 8lAe11.wnReceil>l~' - Whom & 0... 01_ .:. a-~Showilgll_ ,~. <il1II.&_'._. \'.' g TOTAL ~""1lI &F...:: $;';;; co . ....r M POStmll1f..Ofg'l~ .' .~. ".~, E ,~, __....~\.;. ~ ,.,,-......t:: '.\ U. ...~..~;;;.I ~ fr. 0' f:; c. -, ,- ~ .. ':}~ .:l '''- (") '-"~ lU.,.- -. oJ".;; Uo:-. ... ')?j FO'. 0.. ,.~ .~-: r;; '0 . ge. e::> ;!7. 8' J.J('; . c.o ife -Jl.' u: o. ...-: .' oo;t a , ::s r- '" Q - ci z S ~ ~ - :!: :l z :Jti~ Ul .. ;J .. , l" >- l:l \II Iii III ii: -'n. .. z ... " z o ::E 0 III 3: :J ii: Q, ~Ul"ci c( '= z ~ "j <( II: m III II: lD <( :I: m 6 ~ z " .. .. MICHAEL R. BYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . LINDA M. BYERS, Defendant :NO: 95-1713 CUSTODY : IN CUSTODY COURT ORDER AND NOW, this IS"'" day of h)19 'I consideration of the attached Custody Conciliation ordBred and directed as follows: , 1997, upon Report, it is 1. A hearing is scheduled in Court Room No.4 of the Cumberland County Courthouse on thp 21st day of August, 1997, at 9:30 A.M. at which time testimony will be taken in the above case. Prior to this hearing, the parties shall meet again with the Custody Conciliator on the 15th day of August, 1997, at 10:00 A.M. for a Conciliation Conference. 2. Pending further Order of this Court, this Court's existing Order of August 10, 1995, shall remain in effect. 3. The parties shall submit themselves and the minor children to family counseling through an independent counselor agreed upon by legal counsel for the parties. The focus of this counseling shall be on determining the children's posi tion relative to custody in this case. Costs of the evaluation that are not paid by insurance shall be split between the parties with the Father paying 75% and the Mother paying 25%. Results of this counseling/evaluation shall be shared with legal counsel for both parties. It is anticipated that a written report concerning the counseling shall be available in advance of the Custody Conciliation Conference scheduled above. ee: BY THE COURT, ~- A,A Kevi A. Hess Carol J. Llndsay, Esquire - C4~;".v ",,~..c...(, sits /'17. Barbara Sumple-Sullivan, Esquire x:I":f! J. ~UG 1 9 1997 I-\vv 1::1 IJ::II MICHAEL R. BYERS, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA . . V LINDA M. BYERS, Defendant :CIVIL ACTION - LAW . . :NO: 95-1713 CUSTODY : IN CUSTODY ~ Cr COURT ORDER AND NOW, this /K>'_ day of August, 1997, the Conciliator having convened the Co~ence in this matter, the parties having advised the Conciliator that they reached an agreement and will be SUbmitting themselves a stipulation to the Court, the Conciliator relinquishes jurisdiction. re i "" ?; c:: M #- It.s\;,! ::J g:j; 0.... 7 ffO iT~ ,.. ?,i: 0- C)~ ~n _..~ t.::. cr, " !::In. t~~ G.:lU C'.!l l-!J.I LU -J.: :::> r-- ,g; b!U- LL. .....~ r- ::.> 0 a- u \.['-;(, "'r. e:: .. .. . ",',:;y J ~ 1 ~j '1 ~ J Clnr"': . '1\"'- ::J 1 ~ ' ,I I..) ;., I . :: CUJ".,., .; '., ,.~. I. .,,,~;-HY PL\:' :,)"j-I:.'<".:fA " .... ..;, ... ~ .:\wpSl\bycn\lIipulltiou me 1II4S'J.l.9S.o1 Scplcmber 19.I'l'I7 MICHAEL R. BYERS, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 95.1713 CIVIL TERM IN CUSTODY vs. LINDA M. BYERS, Defendant. .sII.f.U.LAIIQN The parties hereto stipulate as follows: 1. They are the parents of two children, SEAN M. BYERS, born April 13, 1982, and JASON P. BYERS, born November 6, 1983. 2. The parties shall share legal custody of the children. 3. The parties shall, as equally as possible, share physical custody of the children by alternating weeks of partial custody, provided, however, that the children shall always be in the physical custody of LINDA M. BYERS, hereinafter 'Mother", when MICHAEL R. BYERS, hereinafter "Fathe": must work at his employment during the 4:00 p.m. to 12:00 a.m., shift. In the event that this last provision results In the disruption of the alternating week schedule so that Mother has physical custody of the children for two or more successive weeks, Father shall resume physical custody of the children for a number of weeks to equal those during which Mother had physical custody of the children. Father will be solely responsible for arranging Jason's transportation to school In the event that a shift of custody due to Father's 4:00 . 12:00 shift causes a change in the alternating periods of custody. 4. Periods of physical custody described above shall commence on Fridays at 4:30 with the receiving parent picking the children up. 2 c:\wpSl\b)~"\'lipul,"lon me '45').1.95-01 September 19.1'I'l7 5. Each parent shall have physical custody of the children for two consecutive . weeks of vacation during the summer. Following the summer vacation of each, the alternating pattern of custody shall resume. Each party will provide the other with notice of the dates upon which he or she Intends to exercise custody during the summer as soon as he or she has notice of that time, but at least thirty days prior to the commencement of the Intended vacation. 6. The parties shall alternate holidays from employment so that Mother has physical custody of the children on New Year's Day, Fourth of July and Thanksgiving Day In odd numbered years, and Father has custody of the children on those same holidays In even numbered years. Father shail have physical custody of the children on Memorial Day and Labor Day In even numbered years and Mother shail have custody of the children on the same days in odd numbered years. Custody for holidays shall extend from 9:00 a.m. to 7:00 p.m. on the holiday. 7. The parties shail divide the Christmas holiday by alternating periods of custody so that In odd numbered years Father shall have the children from Christmas Eve at noon until Christmas Day at noon, and Mother shall have the children from Christmas Day at noon until December 26th at noon. In even numbered years, Mother shall have the children from Christmas Eve at noon until Christmas Day at noon, and Father shail have custody on Christmas Day at noon until December 26th at noon. In 1997, Mother shall have custody of the children for her vacation commencing December 26th at noon. 8. Notwithstanding any of the above, the children shail always spend Mother's Day in the custody of Mother and Father's Day in the custody of Father, from 9:00 a.m. until 7:00 p.m. 9. The parties shall provide clothing for the children and will consult with each other to equalize as much as possible the cost of shoes and coats. Father shall maintain the .1 <:\.."sI\b)'en\.lipulaUon me 14594-95-1l1 Sep.ember 19.19'17 children on the health insurance provided by his or his wife's employer. Mother shall no longer maintain health insurance for the children. Father shall be the primary provider of the children's health insurance. Father shall pay all unreimbursed medical expenses for the children up to a maximum of $600.00 per year. In the event the unreimbursed medical expenses exceed $600.00, the parties will share equally the costs. Jason shall continue to be treated by his rheumatologist, Dr. Barbara Ostroff. Commencing January 1, 199B, Mother will receive the deduction for Federal Income Tax purposes for both children. When the older of the two children may no longer be claimed as a deduction, the parties will alternate the right to take the deduction for the younger child. The support Order currently in effect shall be terminated effective September 1, 1997, and Father waives any credit to the account at the Office of Domestic Relations as of that date. Neither party will seek child support from the other. 10. The parties will encourage telephone contact between parents and will say or do nothing which may tend to injure the natural love and affection the children have for both parties. 11. The terms of this Stipulation shall be entered as a Court Order which shall supersede any prior Order. ~/C Michael R. Bye~ ~P/P? ~ Date ~~, fl? ~ Unda M. ~ fO /9/? 7 ~ Data 4