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HomeMy WebLinkAbout95-03304 1- J1 . -7 } j j :t- o rf) (Y) ..< ~~'_~~__~~~~~*_~~~_~_')~ro~~_*_~*_~ ~ -~~_._- .----...-----.,- "--,..,~--""---'---..'---'--8 ~ w '.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF ~ PENNA. ~ .:. ~ 8 ."- ~ ~ ~ " " .'. * GWEN R. SAYTAR N Il, ......~3.3.~,4....... ....,....,..,..,. 11)95 i ',' .', ~ Vt1 I'." liS ~ RICHARD N. SAYTAR ~ ~ ',' .' ,'. ~ ~ ',' DECREE IN DIVORCE AND NOW, ....~~....k7..,..., 19.~,~,. it is ordered ond ~ ~l " ~ ,. " " decreed that ",...."...,.., GWEN' R',' SAYTAR' .. , .. , .. . , , .. . .. , " plaintiff. and ,,'" , , , . , , , . , . , , , , , , , , , , ,RLGHARD .N. .SAYTAR ' , , , , , . , , , , , , ., defendant, ore divorced from the bonds of matrimony. ~ " ~ r:i " s $ ~ ',' The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ,'. ~ ,'~ ~ NONE y--....", .. - . '. /.. . ..... ,- ~f ~:. ..... :~,.. " 11..........:. 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".. .", ..".,' ;~:;&!:ddveted"-"--- ".:"--' '. - '" ConlUlt .tm..ter'for'".;"'<!", : !,~",.,.~,," ',f~",.,,:,i~, ','~','l,',d,.,.",i;.'~S.,' it, .....~, : ::.: ./>,;",',.',:,..,.,."., F'"",~ i)f:I(9'?~~U . 'r,/~ ' ~'ered Oln.ured',,:,;, :r :~c:k,J/~S.6Jt'Y"fJj. , :::M.n g~~~mR...p,,~i;;. Ie'." ' ' , 17 oS: 01 Deliv.ry' "",.! :~ ",', " , ' ~,;;r;J;l 15 A .....'...Add'".IDnIYIl;~~,~~~ f.! ~ 01 P dl '.', ",j,""", Ii' ,to" " II lAgon,\ ) " ; " ).,' ,; iILS{','i:tL !~!~~!~~':lli. ~~~1881DOME~C~~~N;~~~~;~~{; ~.._-'.;,._,. - .,;..:.~.;;,.~~.:;,.;:~~: GWEN R. SA YT AR, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA VS. : NO, 95-03304 : CIVIL ACTION - LAW RICHARD N. SAYTAR, DEFENDANT : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit Ihe record, together with the following information, to the Court for entry ofa divorce decree: t. Ground for divorce: irrelrievable breakdown under Seclion 3301(c) of the Divorce Code. 2, Dale and manner of service of the complaint: Certified Mail dated July 8, 1995. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: December 27, 1995 by Defendant: December 10, 1995 4, Relate claims pending: No relaled claims pending Respectfully submitted. <~ Keith B, De rmond. Esquire Sup, Ct. I.D. # 58878 DeArmond & DeArmond 2800 Market Slreet Camp Hill, PA 17011 (717) 730-9394 Date:J./3/1~ ! l I: , ; I 2 ',t:> " .:;"'"l ." ;~ . .. ~ -"jtP "~1 ;:,;n ~{~ I~ ~~ ~-I' r- W 'ilFn s~:'-:~ - ~}':? 1--' '.~~O .:......J ~ ..,..-0 .~~f~ ,-~ ',,~...-, ;"'{ - C? ~3rn ~7 ~ :;;\ e11 ~ ~. 0 ..... . ~ GWEN R, SA YT AR, Plainliff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYL VANIA : No. ~.(. d 3 0'1 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY V, RICHARD N. SAYTAR, Defendant ORDER OF COIJRT AND NOW, Ihis ~vlh day of 7';"'nr , 1995 on consideration of the attached petilion, it hereby directed that the parties and their respective counsel appear before Sc.,....<<rl L, fln,I,,'> ,Esquire,theconciliator,at ,~'i {l1,';)1~I,5L t"'''''''1N onthe~dayof AI.MJ'-"!>f, 1995.al 'J. .f,M.foraPre-Hearing Custody Conference, At such conference, an efforrt will be made to resolve Ihe issues in dispule; or if this cannot be accomplished, to define and narrow Ihe issues 10 heard by the Court and to enler inlo a temporary order, All children age five or older may also be present at the conference, Failure to appear at this conference may provide grounds for entry of a temporary or pennanenl order, Hearing to be held al BY THE COURT, BY: ,~~/LA~4~{~ Cus ody Conciliator ~,;;;j YOU SHOULD TAKE THIS PAPER 1'0 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, COURT ADMINISTRATOR CUMBERLAND COUNTY. COURTHOUSE CARLISLE, PA 17013 (717) 240-6100 JUt 3 3 26 ['n '95 Of ~.:: ~', :', :.!,~flC~ CUI" 'c "1.1/, 'T,\il)' '.r.!..ld1LJ n', "r fIt, ~LJf ' . '..I .,. . ";:'IfL'J,l~'.~ 7/3/'15" tad. ~ h~ ~ tt~ tU&, 7/3/~ ~~, -Z ~ 7/3/lS- ~ ~tIta/~ 5'~# ...._,~.. GWEN R, SA YT AR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : No, ?~', .3 3o't CIVIL TERM RlCHARDN, SAYTAR, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompl action. You are warned that if you fail to do so, the case may proceed wilhout you and a decree of divorce or annulmenl may be enlered against you for any claim or relief requested in these papers by the Plaintiff, You may lose money or property or olher righls import anI 10 you, When Ihe grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in Ihe Office of the Prothonolary at the Cumberland County Courthouse, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 GWEN R, SA YT AR, Plainliff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V, No, CIVIL TERM RlCHARDN, SAYTAR, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE UNDER SECTION 3301 lel or SECTION 33011d) I. The Plaintiff, Gwen R. Saytar, is an adult individual who currently resides at 1011 Teakwood Lane, Enola, Cumberland County. Pennsylvania 17025, 2, The Defendanl, Richard N. Saytar, is an adult individual whose current address is 233 Cumberland Road, Camp Hill. Cumberland County, Pennsylvania 17011, 3, Plaintiff has been a bona fide resident of the Commonweallh of Pennsylvania for at least six months immediately prior to Ihe tiling of this Complaint. 4, The Plaintiff and the Defendanl were married on June I, 1991, in Enola, Cumberland County, Pennsylvania. 5, The parties separaled on or about March 7. 1995. 6, Neither party has instituted any prior action of divorce or annulment with regard to litis marriage in Ihis or any other jurisdiclion, 7. There is one minor child by this marriage: Ariana Nicole Saytar, born May 26, 1993. 8. Neither party is a member of the Armed Forces of the United States of America. COIINT ONE - DIVORCE 9. The averments of paragraphs I through 8 are incorporated herein by reference. 10. The marriage is irretrievably broken. II. The Plaintiff avers that she has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, The Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter pursuant to 3301(c) or 3301 (d) of the Divorce Code. COIINT 1WO - CUSTODY 12. The averments of paragraphs I through II are incorporated herein by reference. 13. Plaintiff seeks custody of the following child: NAME Ariana Nicole Saytar PRESENT RESIDENCE lOll Teakwood Lane, Enola, PA 17025 AO.E 2 years 14. During the last 5 years, the parties' child has resided with the following persons at the addresses and for the periods of time indicated below: PlaintiffIMother and DefendantlFather 233 Cumberland Road, Camp Hill, PA Birth - 4/8/95 PlaintiffIMother 1011 Teakwood Lane, Enola, PA 4/8/9S-Present The child was not born out of wedlock. The child is presently in the custody of the PlaintiffIMother. The Mother of the child is Gwen R. Saytar, who resides at 1011 Teakwood Lane, Enola, Cumberland County, Pennsylvania. She is married. The Father of the child is Richard N. Saytar, who resides at 233 Cumberland Road, Camp Hill, Cumberland County, Pennsylvania. He is married. IS. The relationship of Plaintiff to the child is that of Mother. The Plaintiff r:urrently resides only with the child. 16. The relationship of Defendant to the child is that of Father. The Defendant currently resides alone. ".1."' 17. Plaintiff has not participated as a party in other litigation concerning custody of the child. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 18. The best interest and permanent welfare of the child requires that primary physical custody and legal custody of the child be with the PlaintiffIMother because she is the primary caretaker of the child. WHEREFORE, Plaintiff, Gwen R. Saytar, respectfully requests that she be awarded primary physical custody, subject to the reasonable visitation by FatherlDefendant, and primary legal custody of the subject child as provided herein. Respectfully Submitted, DeArmond & DeArmond . DATE: ufts/r <, By: ~r::;z R!fl1-. A ~ Keith B. DeAifuond, Esquire Attorney ID Number 58878 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 VERIFICATION I, the undersigned, do hcreby vcrify thatlhc statements made in Ihe foregoing instrument are true and correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authoritics. ..,,0ver'l44 ,Q. ,30 ~A Date: ~~./Y\O :)'. /Cfq5 it;. n~ :::- '" -..:J:..f "" j ,..,";.l' ~ r;~'.~":,< ..,I.. .., ::~:.~\:, O:l ":,",,0"''- .... ",!":.,~c:; ::~ ~ " &.00.:,,:.;;,., -~ ,. ::a: "- ~ "- ..." ?; " .., - ... 0- ~~~ .... .\ ~ cJ :!. C; 'd ~ ~~ ~ rr ~ .J:. -<; I -' . ~6 '(J(lf1U;M &: f2)e. r:;tnwM ATTOIlNEVS AT LAW 2100 """'Kn STREn CAMP HILL. PENNSVLVANIA . 70" C1l117>>83114 1(..,,, I DlAlmoncI Jac... J D.Annoncl .. ~ Todd J. Shill, Bsquire Attorney I.D. No. 69225 RHOADS (0 SINON one South Karket Square, P.O. Box 1146 Harrisburg, pennsylvania Attorneys for Defendant 12th ploor 17108-1146 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3304 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY GWEN R. SAYTAR, v. RICHARD N. SAYTAR, Defendant .. .. .. .. .. .. .. .. .. TO THE PROTHONOTARY: Kindly enter my appearance as attorney of record for Defendant Richard N. Say tar. :_ RH:~ -~_:rL- TociO J. Shill One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Date: July 14, 1995 85750 ~ CERTIFICATE OF SERVICE I hereby certify that on July 14, 1995, a true and corre.ct copy of the foregoing "Entry of Appearance" was served by means of United States mail, first class, postage prepaid, upon the following: Keith B. DeArmond, Esquire DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 _r~tlt C McAwr Paulette E. McGraw ,--;.., '- .~'; , ..-')-; ;!".c;. ~ I fl -.I";': ~.. -:t~ ~-'. \ c- o:: r- - ..... w ::; -=> = - ....,. ....". f , I I , l GWEN R. SA YT AR, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 95-03304 RlCHARDN. SAYTAR, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE - AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 20,1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry ofa final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property. lawyer's fees or expenses if I do not claim them before a divorce is granted. I verity that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /2 II> /1 (' '~~'-/P'~// Richard N. Saytar, Plai iff / B <0 ~ en -c~ :::7 = M ~~ ~:::J n zc: ~ ~Z Q"\ 0 '< ." ~! ~(") :: >0 ca C5 G ~ J:" ~ ~ ~ I :,.. . I 41 .~';"'l_a...__ I 11 .CaqIIoIo-:I,"'n411. . J -PrInl: ~ MrnIInd 8dlhM an "',.... 0I1NI fann 10 1hJI.. CII'I Nlwn..... ' _10""" : ._I1lo_lolhofnlNcllhomolploco,"'""lho_I__.... : .=--"-"'-""lho.........._lho__ : .n.RoI1InIloco/jll""_IO_lho___nlho_ .fl - lr~~ - J;}M.~ ~1w.AJ/.~ 17/0~ , , . , : I e. '''PSF I , I eIIo wIIh 10 r-'ve the IolIowIng H.w:.1 (lot 111 1m 1M): j " 1. 0 ~'IAddrea 2. 0 RIIIr1ctId Dellwry ConUt pclI1mu1ar lor IH. , 4a.P3/~r ,,(. 7 tu) I 411. Se.w:. Type ...1 ~ o RlQIl1lr1d III ClrUftld ,. o Elqnu MIl 0 l/lIUrId o AllIIn ~... MoIr:hancha 0 COD 7. Dltl De!j'KN 1 7 1996 I e. AddrIaii'I -- (Only fWlUHlId I -"""pUJJ ~ GWEN R. SA YT AR, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 95-03304 : CIVIL ACTION - LAW RICHARDN. SAYTAA, DEFENDANT : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry ofa divorce decree: I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail dated July 8, 1995. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: December 27, 1995 by Defendant: November 14, 1995 4. Date of service of the Plaintiff's Affidavit upon Defendant: January II, 1996 S. Relate claims pending: No related claims pending Respectfully submitted, ~#l_ . '--" Keith B. DeArmond, Esquire Sup. Cl. J.D. # 58878 DeArmond & Dek H.ond 2800 Market Street Camp Hill, PA 17011 (717)730-9394 Date: ,h.1... 114 , I (') "" (") c: <1'. "T' ..... <- --f iJ {~,'j ;:~ :;if t';!u.! ~r:. t.oJ -, ."-J (:r;..:; - .') -<--. ~:H '-=v "'. :~ .:!::C~ ::r ~:!~ ;:.:C"'; C:l Pc.: .. ~ / J::- ~. ~ :0 \0 ...; \ ..., GWEN R. SA YT AR. PLAINTIFF . IN TIlE COURT OF COMMON PLEAS OF : CUMUERLANDCOUNTY, PENNSYLVANIA VS. : NO. 95-03304 : CIVIL ACTION - LAW , RICHARD N. SAYTAR, DEFENDANT : IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE To; Richard N. Saytar, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the plaintifl's affidavit. Therefore, on or after January 21, 1996 the plaintiff can request the Court to enter a final decree in divorce. If you do not file with the prothonotary of the Court an answer with your signature notarized or verified or II counter-affidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE \ WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. YOU SHOULD TAKE TillS 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 "'~. GWEN It SAYTAlt, PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 95-03304 CIVIL ACTION - LAW RICHARD N. SAYTAR, DEFENDANT IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 330J(c) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry ofa divorce decree. _ (b) I oppose the entry ofa divorce decree because (Check (i), (ii) or both): _ (i) The parties in this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretricvably brokcn. 2. (Check either (a) or (b) ): _ (a) I do not wish to make any claims for cconomic rclief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them bcfore a divorce is granted. '_ (b) I wish to claim cconomic rclicfwhich may include alimony, division of property, lawyer's fees or expcnses or other important rights. I verifY that the statements made in this counter-affidavit are true.and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: Richard N. Say tar, Defendant , NOTfCE: If you do not wish to oppose the entry of a divorte detree and you do not wish to make any daim for etonomit relief, you need not file this tounter-affidavlt. CEIUIFICATE OF SERVICE AND NOW,this 11th day of January, 1996, I, Keith n. DeArmond, Esquire, do hereby certifY that I have served a copy of the foregoing Notice of Intention to Request Entry of Divorce Decree of Plain tilT, Gwen R. Saytar, on this date by dcpositing a copy of the same by Certified United States Mail, postage prepaid in Camp Hill, Pennsylvania, addressed to: Richard N. Saytar c/o Todd J. Shill, Esquire Rhoads & Sinon Dauphin Bank Building 1 South Market Street, 12 Floor P.O. Box 1146 Harrisburg, PA 17108 \ ~l1Y5%- ./ Kcith B. DcArmond, Esquirc Attorney for Defendant 2800 Market Street Camp Hill, PA 17011. (717) 730-9394 (") <!'l 0 ~r; 0'> "T1 -0..1. . :::;: -:J r. :11' :.::: i ~i;g ~.:;,j vi;: t.) :R8 _~. .'C' -~ r-.:cj ':,)6 ~- ;D. '?~ .~n ::J: = 'J t,;;Ci ..~ ~"c.: c::l om 21 .. =:.! - -. <0 ~ .- GWEN R. SA YT AR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 95-03304 CIVIL ACTION - LAW RICHARDN. SAYTAR, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on June 20,1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry ofa final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses iff do not claim them before a divorce is granted. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: i).. CJ'ml t', ] I) /qq S . 'rJ L " n ( ~_. "- ..: \;(-.n ~^ JI_'~ " Gwen R. Saytar, Plai ff (') \L) ~ s 0' :i'. '- :::l "'OUJ ~ f~'iD Dll.~ , -- ~E? 0 :gE9 (;}.,: ~)~ 'j i::ci 2: :i-of] '- O~ -"0- :\;;0 ~ >c .. ~ J:" ~ Q) ~:r:t" '. at. ~_ ,:' ", ~ !l GWBN R. SAYTAR, ) IN THB COURT OF COHHON Plaintiff ) PLBAS OF CUHBBRLAND ) COUNTY, PBNNSYLVANIA vs. ) ) NO. 95-3304 CIVIL TERM RICHARD N. SAYTAR, ) Defendant ) CUSTODY AND NOW, this "Z I day of conciliator's report, it appearing ORDER ~~, 1995, upon receipt of the that the parties and their counsel agreed upon the terms and provisions of this order which was dictated in their presence and approved by the parties and their counsel, we hereby order as follows: 1. Legal custody of the minor child, Ariana Nicole Say tar, shall be shared by hDr parents, her mother, the Plaintiff, Gwen R. Sayter, and her father, the Defendant, Richard ~. Say tar. With respect to legal custody, the parties further agree, and we further order, as follows: A. The child's legal name shall remain Ariana Nicole Say tar, and she shall be known as such for all purposes. The parents will instruct their family and friends that the child should not be referred to by any other name. B. Legal custody of the child will be shared by the parents. The parents shall have the right to participate in all major decisions affecting the child, including, but not limited to, medical, religious, and educational decisions. C. The parents agree to communicate directly with one another to keep the other informed of the progress of the child's education and social II I I . I, [i adjustments. The parents shall each have the duty to communicate directly with one another regarding any event or activity that could reasonably be expected to be of significant concern to the other, such as school conferences and social activities. The parents may each attend school conferences, and any other of the child's school or social activities. D. The parents shall each be entitled to complete and full information from the child's physicians, dentists, teachers, or authorities, including, but not limited to, medical reports, academic and school report cards, and any reports of disciplinary action taken against the Chiid. It will be the mother's responsibility to provide the father with such information. E. With regard to any emergency decisions that must be made (such as in the event of illness or injury), the parent with physical custody at the time shall be permitted to make those decisions without consulting the other parent in advance, provided that the parent with physical custody co~sult the other parent as soon as is reasonably possible. Day-to-day medical decisions of a routine nature shall be the sole res:lOns1bilitv of the parent having physical custody at the time. 2. Primary physical custody of the child is hereby awarded to the mother. 3. The father shall have the following periods of temporary or partial custody: A. Alternating weekends. For six (6) such alternating weekends, commencing on Friday, September 15, 1995, the father shall have the child from Friday at 4:00 p.m. and his weekend shall end at 1:00 p.m. on Saturday. After that initial six alternating weekends of "phase-in" time, commencing on Friday, December 1, 1995, the father's alternating weekends shall commence at 4:00 p.m. on Friday and shall end at 5:00 p.m. on Sunday. 2 B. Every Wednesday evening from 4:00 p.m. until 8:00 p.m., commencing on Wednesday, September 13, 1995. 4. The parties shall share custody of their child on the holidays in the following fashion and the holiday schedule shall prevail over all other provisions of this order: A. Over the Christmas holiday each year, the father sball have the child from 9:00 a.m. until 10:00 p.m. on the 24th of December, the mother sball have the child from 10:00 p.m. on the 24th of December until 6:00 p.m. on the 25th of December, and the father shall then have the child from 6:00 p.m. on the 25th of December until 6:00 p.m. on the 26th of December. B. In every Thanksgiving after 1995, the mother shall have the child all day Thursday and the father shall have the child from 9:00 a.m. until 4:00 p.m. every Friday of the Thanksgiving holiday. C. The following holidays, on an alternating fashion, from 9:00 a.m. until 7:00 p.m.: New Year's Day, Easter Sunday, Memorial Day, July Fourth, and Labor Day, commencing with the father having the child on New Year's Day, 1996, and the parties alternating thereafter. In addition, the child shall be with the mother every Mother's Day from 9:00 a.m. until 7:00 p.m. and with the father every Father's Day from 9:00 a.m. until 7:00 p.m. In the event that either parent's scheduled holiday falls adjacent to a weekend that parent is scheduled to have the child, the weekend will expand into the holiday so that the child need not be returned overnight to the other parent for the night between the weekend and the holiday. D. The parent not in custody on his or her birthday, or on the child's birthday, shall be entitled to an extra three (3) hours of temporary custody 3 II , , on his or her birthday and the child's birthday, or on a mutually acceptable alternative day. 5. The parties have not agreed upon a precise schedule for the summer vacation periods. Both of them acknowledge that the child should spend extended time with each parent during the summer when available, but they have not been able to agree upon a Iltime frame or a schedule. The parties will continue their efforts to agree upon those ! matters and, in the event they cannot reach agreement by April 30, 1995, either party will be free to move the Court for another conciliation conference in an effort to set , a summer schedule for the child. 6. The parties shall make reasonable efforts to accommodate each other's Ireasonable requests to deviate from the custody schedule set out herein provided, , I ihowever, that there shall only be such deviation upon the mutual consent of both lilparties and further provided that any deviations from the schedule shall not I permanently modify or alter the schedule. ,I I 7. Until the child attains the hge of ten (10), the parents shall not discuss with the child any proposed deviations from the schedule, or any discussions pertaining thereto. 8. If either parent desires to establish a residence mora than twenty-five (25) miles from his or her present residence, he or she shall give the other reasonable notice in advance of the move, and the parents shall confer prior to the relocation to establish a mutually acceptable arrangement as to custody in light of the changed 'I circumstance. I 9. The parents shall make certain that the child is ready on time for the Itransfer of physical custody from one to the other. i I I 4 II' 10. Without the other parent's express prior approval, the parents shall not schedule activities or appointments for the child which would require her attendance or participation at said activity or appointment during a time when she is scheduled to be in the physical custody of the other parent. 11. The parents shall provide each other with reasonable telephone access to the child, and the child shall be permitted free access to place telephone calls to either parent at any time she desires. 12. The parents shall take into account each other's concerns for the physical and emotional well-being of the child, and will uphold the other as one whom the child should respect and love. While in the presence of the child, the parents shall not make, or permit any other person to make, any remarks or engage in any activity which could be construed as derogatory or uncomplimentary to the other. ~ . By J. I I .1 I Keith B. DeArmond, Esquire Attorney for Plaintiff Todd J. Shill, Esquire Attorney for Defendant '7/ .:l.::l./r;s. .,!,.l'J. ~~~~M I II sla 5 " ct', .; d. '.' .' " I' "-;'. 'i'., 'I' '" "", :. .,r, If . , -'!. .If', .. " IJ '. ~. .'" vI- "'. ..>~,.;; ',' ":.;,-~,,., ~{/ ''/" . ':S- .(1 ~ "-,. ~~. ';{' ',: !) ,': " ;i'.' '.' 'Pi "':" i . "" I, ,~' "i' 'I' :"';'J..' '..' " ! ,,~, . " .'1. '\, , , . " GWEN R. SAYTAR, ) IN THE COURT OP COMMON Plaintiff ) PLEAS OP CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 95-3304 CIVIL TIlRH RICHARD N. SAYTAR, ) Defendant ) CUSTODY JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CONCILIATOR CONPBRENCB SUHIIAJI.Y REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OP CIVIL PROCEDURE 19l5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Ariana Nicole Say tar BIRTHDATE 26 May 1993 CURRENTLY IN CUSTODY OP Plaintiff/Mother 2. A Conciliation Conference was held on 12 September 1995 and the following individuals were present: the Plaintiff and her attorney, Keith B. DeArmond, Bsquire; the Defendant and his attorney, Todd J. Shill, Esquire. 3. The parties appeared with their counsel ready to negotiate a settlement. Although the mother was quite anxious about having the young child away from her for weekends and prolonged periodS, the parties were able to reach an agreement which accommodated both of their needs and concerns. 4. The attached order was dictated in their presence and approved by both parties and counsel. With the entry of this order, no further action is necessary at this time. ~ Custody Conciliator 20 September 1995 GWEN R. SAYTAR, ) IN THB COURT OF COMMON Plaintiff ) PLBAS OF CUMBBRLAND ) COUNTY, PBNNSYLVANIA vs. ) ) NO. 95-3304 CIVIL TERM RICHARD N. SAYTAR, ) Defendant ) CUSTODY ~ lOOl NOW, this day of , 1995, upon receipt of the conciliator's report, it appearing that the parties and their counsel agreed upon the terms and provisions of this order which was dictated in their presence and approved by the parties and their counsel, we hereby order as follows: 1. Legal custody of the minor child, Ariana Nicole Say tar, shall be shared by her parents, her mother, the Plaintiff, Gwen R. Sayter, and her father, the Defendant, Richard N. Say tar. With respect to legal custody, the parties further agree, and we further order, as follows: A. The child's legal name shall remain Ariana Nicole Say tar, and she shall be known as such for all purposes. The parents will instruct their family and friends that the child should not be referred to by any other name. B. Legal custody of the child will be shared by the parents. The parents shall have the right to participate in all major decisions affecting the child, including, but not limited to, medical, religious, and educational decisions. C. The parents agree to communicate directly with one another to keep the other informed of the progress of the child's education and social 1 adjustments. The parents shall each have the duty to communicate directly with one another regarding any event or activity that could reasonably be expected to be of significant concern to the other, such as school conferences and social activities. The parents may each attend school conferences, and any other of the child's school or social activities. D. The parents shall each be entitled to complete and full information from the child's physicians, dentists, teachers, or authorities, including, but not limited to, medical reports, academic and school report cards, and any reports of disciplinary action taken against the Child. It will be the mother's responsibility to provide the father with such information. E. With regard to any emergency decisions that must be made (such as in the event of illness or injury), the parent with physical custOdy at the ti.e shall be permitted to make those decisions without conSUlting the other parent in advance, provided that the parent with physical custOdy consult the other parent as soon as is reasonably possible. Day-to-day medical decisions of a routine nature shall be the sole responsibilitv of the parent having physical custody at the time. 2. Primary physical custody of the child is hereby awarded to the mother. 3. The father shall have the following periods of temporary or partial custody: A. Alternating weekends. For six (6) such alternating weekends, commencing on Friday, September 15, 1995, the father shall have the child from Friday at 4:00 p.m. and his weekend shall end at 7:00 p.m. on Saturday. After that initial six alternating weekends of "phase-in" time, commencing on Friday, December 1, 1995, the father's alternating weekends shall commence at 4:00 p.m. on Friday and shall end at 5:00 p.m. on Sunday. 2 B. Bvery Wednesday evening from 4:00 p.m. until 8:00 p.m., commencing on Wednesday, 8eptember 13, 1995. 4. The parties shall share custody of their child on the holidays in the following fashion and the holiday schedule shall prevail over all other provisions of this order: A. Over the Christmas holiday each year, the father shall have the child from 9:00 a.m. until 10:00 p.m. on the 24th of December, the mother shall have the child from 10:00 p.m. on the 24th of December until 6:00 p.m. on the 25th of December, and the father shall then have the child from 6:00 p.m. on the 25th of December until 6:00 p.m. on the 26th of December. B. In every Thanksgiving after 1995, the mother shall have the child all day Thursday and the father shall have the child from 9:00 a.m. until 4:00 p.m. every Friday of the Thanksgiving holiday. C. The following holidays, on an alternating fashion, from 9:00 a.m. until 7:00 p.m.: New Year's Day, Baster sunday, Memorial Day, July Fourth, and Labor Day, commencing with the father having the child on New Year's Day, 1996, and the parties alternating thereafter. In addition, the child shall be with the mother every Mother's Day from 9:00 a.m. until 7:00 p.m. and with the father every Father's Day from 9:00 a.m. until 7:00 p.m. In ths event that either parent's scheduled holiday falls adjacent to a weekend that parent is scheduled to have the child, the weekend will expand into the holiday so that the child need not be returned overnight to the other parent for the night between the weekend and the holiday. D. The parent not in custody on his or her birthday, or on the child's birthday, shall be entitled to an extra three (3) hours of temporary custody 3 , on his or her birthday and the child's birthday, or on a mutually acceptable alternative day. 5. The parties have not agreed upon a precise schedule for the SUMmer vacation periods. Both of them acknowledge that the child should spend extended time with each parent during the summer when available, but they have not been able to agree upon a time frame or a schedule. The parties will continue their efforts to agree upon those matters and, in the event they cannot reach agreement by April 30, 1995, either party will be free to move the Court for another conciliation conference in an effort to set a summer schedule for the child. 6. The parties shall make reasonable efforts to accommodate each other's reasonable requests to deviate from the custody schedule set out herein provided, however, that there shall only be such deviation upon the mutual consent of both parties and further provided that any deviations from the schedule shall not permanently modify or alter the schedule. 7. Until the child attains the age of ten (10), the parents shall not discuss with the child any proposed deviations from the schedule, or any discuasions pertaining thereto. 8. If either parent desires to establish a residence more than twenty-five (25) miles from his or her present residence, he or she shall give the other reasonable notice in advance of the move, and the parents shall confer prior to the relocation to establish a mutually acceptable arrangement as to custody in light of the changed circumstance. 9. The parents shall make certain that the child is ready on time for the transfer of physical custody from one to the other. 4 ~ 10. Without the other parent's express prior approval, the parents shall not schedule activities or appointments for the child which would require her attendance or participation at said activity or appointment during a time when she is scheduled to be in the physical custody of the other parent. 11. The parents shall provide each other with reasonable telephone access to the child, and tbe child shall be permitted free access to place telephone calls to either parent at any time she desires. 12. Tbe parents shall take into account each other's concerns for the physical and emotional well-being of the child, and will uphold the other as one whom the child should respect and love. While in the presence of the child, the parents shall not make, or permit any other person to make, any remarks or engage in any activity which could be construed as derogatory or uncomplimentary to the other. By the Court, J. Keith B. DeArmond, Esquire Attorney for Plaintiff Todd J. Shill, Esquire Attorney for Defendant sla 5 " ' ..jl,:.1 l III 5 ~ III Cl ~ " < :s to " :r. VI l< ~ ~ 5 ~ :< ~ ...l >- i >- In ..l ~ ~ l< III iii d l< ~ ~ ~ ~ w ... w " ,,; ... 0 < < .. l< (f) ~ ~ ~ w ... IJ;N . GWEN R. SA YT AR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 95-03304 : CIVIL ACTION - LAW RICHARD N. SAYTAR, DEFENDANT : IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE To: Richard N. Saytar, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the plaintiffs affidavit. Therefore, on or after January 21, 1996 the plaintiff can request the Court to enter a final decree in divorce. If you do not file with the prothonotary of the Court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS A TfACHED TO THIS NOTICE. 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 GWEN R. SA YT AR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 95-03304 CIVIL ACTION - LAW RICHARD N. SAYTAA, DEFENDANT IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 330HC) OF THE DIVORCE CODE I. Check either (a) or (b): , ./ (a) I do not oppose the entry ofa divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): _ (i) The parties in this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. (Check either (a) or (b) ): ./ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verifY that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S, Section 4904 relating to unsworn falsification to authorities. Date: ,/..!., I1t; ~ , NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. ..,c."."..'.... , CERTIFICATE OF SERVICE AND NOW, this 11th day of January, 1996, I, Keith B. DeArmond, Esquire, do hereby certifY that I have served a copy of the foregoing Notice of Intention to Request Entry of Divorce Decree of Plaintiff, Gwen R. Saytar, on this date by depositing a copy of the same by Certified United States Mail, postage prepaid in Camp Hill, Pennsylvania, addressed to: Richard N. Saytar c/o Todd J. Shill, Esquire Rhoads & Sinon Dauphin Bank Building I South Market Street, 12 Floor P.O. Box 1146 Harrisburg, P A 17108 ~~% - -/ Keith B. DeAlmond, Esquirc Attorney for Defendant 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 iIo , . ~ . .. ';Z>6 ~mqM &: f2)e. r:;tIMM "nORNEYS AT LAW 2100 .......ET STREET CAUP HILL. PENNSYLVANIA 17011 ITtII T>>83l14 l('llh 8 D,Arm()l'ld JaCk. J D,Almond n \.':l 0 c: en "., ;-~: '- :;J ~f~~ ~;:..;. i,-i?J 0,1,. ..~." '-'" :'"'8 :.;:c~ \.fl"-;: ;.; S 0-(,.. ;~~ ,- ., ~ ...~ ...." ,pJ :~ ./":C) :.!: ';-~ ~::':'CJ <:~ ...--c: ~ S1 01 "'" ::! ~- .' IN nIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Owen R. Saytar, Plaintiff No. 95-03304 v. CIVIL ACTION - LAW Richard N. Saytar, Defendant IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony having been entered on the 6th day of February 1996, hereby elects to retake and hereafter use her previous name of Owen R. Brougher. "wAiJM1i, fl.~~^- Signature. married e rJ:rhJBrdj,1 /I. at+ Signature - to be Ilnown a STATE OF PENNSYLVANIA COUNTY OF veaJEo (lW7tl.BI'..et,ftl/P On the ~daY of /YJ4f2(1t1 . t997, before a Notary Public, personally appeared Owen R. Saytar, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. ~~ . / '::-1' \ , Notary Public NOTARIAL SEAl. MICHAEL R. CAJWjCI, Nolary Public Camp Hili Boro. Cumberland Counly My Commission expires June 15, 1 D98 e \D ~ ..., .' :- ~! .- 't1 OJ -a S2~b :;;) ~~- I ,~ IJ! " &" 2' .~~ ~c; s: ~c ','" -, -C' - 15 ~<::. - ., ~ ?S N ~ :..: .- ;t- J :"\ ~ i:\ t , n ~ 'l ..:. r. <' . '... @JUL 1 4 1997 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Gwen (Saytlr) Brougher, PetitionersIPlaintiffs No. 'i~. 330'-/ v. Richard N. Saytar, RespondentlDefendant IN CUSTODY ORDER OF COURT . AND NOW, this ~ day of ~ 1997, upon consideration of the attached Complaint in Custody, it is hereby directed that the parties and their respective counsel appear before ,"" L "Ci'l:" \ l . ~s..: Esq. the conciliator at 3C~ ~, \8."" &. ,C~ \-\in ont .r;}Bdayof, \. )\~ 199J..at l.\ '. ('.0 jl.m. for a Pre-He ng Custody Conference. At such co erence, an effort will be mad'e 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 this conference may provide grounds for entry ofa temporary or permanent Order. Hearing to be held at BY THE COURT, BY: YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA YE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 717-24()..6200 rt q' .r,:c',,' __". . L;" ...::1, ;._1.. LT 1 . ."n; "'il.' "J"I '".1 rl"l 11'1 f" '.." ~ " ,., < ~ . . I" ..n /"...... ... c";;",>~;,,, '. ;. -. I ~ . , ;' " - '., .~, ~ J ( "';:""",,'ii.',,:.:'!'''' . 1 /'1, , 7./5.97 &d.(.~ 0411a:.lJd ~ 4 )U.{?cttrJ,lI!htd' ?15-<t? ~ m~~~~. 7.tj.1/) diiJ ~M" ~~ 711. ~~ ~ . , ~ . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Gwen (Saytar) Brougher, PetitionersIPlaintiffs No. q<; - 3 304 v. Richard N. Saytar, RespondentlDefendant: IN CUSTODY EMERGENCY PETITION FOR MODIFICATION OF CUSTODY I. The Petitioner, Gwen (Saytar) Brougher, is an adult individual who resides at 64 Ashford Drive, Enola, Cumberland County, Pennsylvania. 2. The Respondent is Richard N. Saytar, an adult individual residing at 235 North Second Street, Wormleysburg, Cumberland County, Pennsylvania. 3. The Petitioner, Gwen (Saytar) Brougher and Respondent, Richard N. Saytar had born to them the subject minor child Ariana Nichole Saytar, on May 26, 1993. 4. On or about July I, 1997, in the presence of the Respondent's grandmother, the Respondent physically abused the subject minor child leaving welts on or about the child's backside. Said abuse has been reported to Children end Youth Services who are conducting en investigation. WHEREFORE, the Petitioner, Gwen (Saytar) Brougher, respectfully requests that this Honorable Court enter en Order restricting Respondent's periods of custody with the subject minor child to supervised visits, which are to be supervised by en individual other then the Respondent's grandmother. Respectfully requested, ~~-1 Keith B. De ond, Esq. Attorney for Petitioner DeArmond & DeArmond 2800 Market Street CampHiII,PA 17011 717-730-9394 Supreme Ct. J.D. No. 58878 . . .. \fl:!RIJIICATlON I, 1M undenisned. do hereby verify dill the natementl made In the Petition In ccrrec:t to the bill orlD)' lcnawledp,Ird'OI1IWtIOlI and beller. lundmtllld that ItItflMfttl bnln .,.1IIIlIe aabjlCUO the penaltie, of' II Pa. C.S. 14904 nUtlnB to UIISWorn 6I':fL _Lildl 10 MIthorltla Dat.:~. Q~ q. ACl.!l ~.....~") ~~ Owen ( , Broup ~:. '., . ~:: . , .' " f \';', ~. '. .... i (") s .r; :" ~: r';:..; ~ ,- " r- ! , , ~ ~ ; :-J .... ~ .0 -J ~= ':,;:: I::> o ~a eel '. ::J ,.- .rn ".':::1 ~6 ""1 :;::-. . ( ) . -n1 '_.J 'I '. ::.:! ~'= ~? \l, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Gwen (Saytar) Brougher, Petitioners/Plaintiffs No. <j5-,330t/ v. Richard N. Saytar, RespondentIDefendant: IN CUSTODY CERTIFICATE OF SERVICE I hereby certifY that I have served a true and correct copy of a Petition to ModifY and Order thereon via United States First Class Mail, Postage Prepaid, upon the following: Mr. Richard N. Saytar c/o Todd 1. Shill, Esq. Rhodes & Sinon L.L.P. ) South Market Square P.O. Box 1146 Harrisburg, PA 17I08.1146 Date: .2/iiL '11 ~;IL 7J1~ Christina M. Werner, Secretary (") \D ~ c: -.I ... 2 ~I :;;>03 'Qp' . r- III --....U N :g Z~. ell ~-:~~ b ~tj .." '.? ~Q ::.<: Q ." :~'CJ Cf! is ;Pc.: i ~ 0 -.I , Q>e- ~~Q>e- ~ ATTORNEYS AT LAW 2800 MARKET STREET CAMP HILL. PENNSYLVANIA 17011 (717) 730.9394 KEITH e. DeARMOND JACKIE J. DeARMOND July IS, 1997 Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, P A 17013 Re: Saytar v. Saytar No. 95-3304 Dear Sir/Madam: Enclosed for filing please find an orignial verification to be attached to the Emergency Petition for Custody in the above captioned matter. Thank you for your attention to this matter. Very truly yours, DeArmond & DeArmond luC/tCbJ 4r/l?c9~1 Keith B. DeArmond, Esq. KBD/tmw Enclosure VERI FICA TION I, the undersigned. do hereby veritY that the statements made in the Petition are correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date:~ <JIie'll (~) ~-L~~J-- Gwen (Sa ) Brougher VERIFICATION I, the undersigned, do hereby verilY that the statements made in the Petition are correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa. C.S. fi4904 relating to unsworn falsification to authorities. Date:~ ~riu~)~ Gwen (Sa ) Brougher GWEN (SAYTAR) BROUGHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I i' r ~. \ ~ I vs. NO. 95-3304 CIVIL TERM RICHARD N. SAYTAR, Defendant CIVIL ACTION - LAW CUSTODY/VISITATION ORDER AND NOW, this ~ day of ..",J.- , 1997, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The Order of September 21, 1995 is modified as follows: The parties will agree to attend and complete a parenting class. Father shall choose the parenting class and be responsible for paying for it and shall schedule it within ninety days of the date of this Order. Keith B. DeArmond, Esquire Attorney for Plaintiff Todd J. Shill, Esquire Attorney for Defendant Edgar ~ ()~~t, ff/('?J/Cff1. ~.~ m1b F1U:.D-.oPFJCE c;: ~I ': ,,- ",:; ''':'::jTXW q~ 'I"" I') I 'II I ~ =- Pi! :1: ~5 cu..,,:.;,., ',; , ~ , , '., ~..(;:\! rr f':),!:'(.\'!_'," \~\ GWEN (SAYTAR) BROUGHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-3304 CIVIL TERM RICHARD N. SAYTAR, Defendant CIVIL ACTION - LAW CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNED: The Honorable Edgar B. Bayley CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: ~ BIRTHDATE CURRENTLY IN CUSTODY OF Ariana N. Say tar May 26, 1993 Plaintiff 2. A Conciliation Conference was held on July 14, 1997, and the following individuals were present: the Plaintiff and her attorney, Keith B. DeArmond, Esquire; the Defendant appeared with his attorney, Todd J. Shill, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child: Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: July 31, 1997 Mic ael L. Bangs Custody Concilia , f , , I f . '. . - <; l/J !: o = ~ ~~ H ~ E ~ ~5 d ~ 0 i :f ~ 1:< . _ \) ~ = .. .. :"i: ~ l> ~ .. jiAUG 0 4 1997, ; ~;;.:- ... """'i:ii.i",'-! ',' 'h'~ . . -'. . ..' . TUCKER ARENS BERG & SWARTZ III NORTH FRONT STREET P.'o. BOX RH9 HARRISBURG. PENNSYLVANIA 171lJH.IlHH9 tf) 1717'2.14--1/21 !lUG 1 b 20011" -------- --..........,-...... .' .'1l..J"~,"""'~..~~ ""-' ~ '. . ~ ... 'i. '. jf." . .. . ~ r .~........- ~-:--."-..~ .......: -.~ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3304 CIVIL ACTION - LAW IN CUSTODY ORDER GWEN R. SAYTAR, Plaintiff RICHARD N. SAYTAR, Defendant AND NOW, this ~ day of ~, 2001, upon Stipulation. ofthe parties, IT IS HEREBY ORDERED AND DECREED that: 1. Plaintiff. Gwen R. Saytar, now known as Gwen Brougher.Keyes, (hereinafter "Mother") and Defendant, Richard N. Saytar (hereinafter "Father") are the natural parents of one minor child, namely Ariana Nicole Saytar. 2. Legal custody of the minor child shall be shared by Mother and Father. With respect to legal custody, the parties further agree as follows: A. The child's legal name shall remain Ariana Nicole Saytar, and she shall be known as such for all purposes. The parents will instruct their family and friends that the child should not be referred to by any other narne. B. Legal custody of the child will be shared by the parents. The parents shall have the right to participate in all major decisions affecting the child, including, but not limited to, medical, religious, and educational decisions. C. The parents agree to communicate directly with one another to keep the other informed of the progress of the child's education and social adjustments. The parents shall each have the duty to communicate directly with one another regarding any event or activity that could reasonably be expected to be of significant concern tn the other, such as school conferences, and any other of the child's school or social activities. D. The parents shall each be entitled to complete and full Information from the child's physicians, dentists. teachers. or authorities, Including, but not limited to, medical reports, academic and school report cards, and any report of disciplinary action taken against the child. It will be each party's responsibility to provide the other with such information if known. E. With regard to any emergency decisions that must be made (such as in the event of illness or Injury), the parent with physical custody at the time shall be permitted to make those decisions without consulting the other parent in advance, provided that the parent with physical custody consults the other parent as soon as is reasonably possible. Day-to-day medical decisions of a routine nature shall be the sole responsibility of the parent having physical custody at the time. 3. Primary physical custody of the child shall be shared equally with each parent In accordance with the following schedule: Alternating weeks, beginning Fridays after the parties have finished working or if the parties are not working that day, after school during the school year and at 8:00 a.m. during the summer months. This schedule shall become effective on the date that both parties signed this agreement. , " 4. The parties shall share custody of their child on the holldaye In the following fashion and the holiday schedule shall prevail over all other provisions of this order. A. Over the Christmas holiday each year, the Father shall have the child from 9:00 a.m. until 10:00 p.m. on the 241h of December, the Mother shall have the child from 10:00 p.m. on the 24th of December until 6:00 p.m. on the 25th of December, and the Father shall then have the child from 6: 00 p.m. on the 25th of December until 6:00 p.m. on the 26th of December. B. Over the Thanksgiving holiday each year, the Mother shall have the child all day Thursday, Thanksgiving day, and the Father shall have the child from 9:00 a.m. until 4:00 p.m. the following Friday. C. The parties shall share the following holidays on an alternating basis and the holiday period shall run from 9:00 a.m. until 7:00 p.m. on the day of the holiday: 1) New Year's Day; 2) Easter Sunday; 3) Memorial Day; 4) Fourth of July; and 5) Labor Day. This schedule shall commence with Mother having the child on New Year's Day In 2001 and the parties alternating thereafter. D. The Mother shall have the child every Mother's Day from 9:00 a.m. until 7:00 p.m. and Father shall have the child every Father's Day from 9:00 a.m. until 7:00 p.m. E. In the event that either parent's scheduled holiday falls adjacent to a weekend that the parentis scheduled to have the child, the weekend will expand Into the holiday eo that the child need not be returned overnight to the other parent for the night between the weekend and the holiday. F. The parent not In custody of the child on his or her birthday or on the child's birthday shall be entitled to an extra three (3) hours of temporary custody on hat day or a mutually acceptable day. 5. The parties shall share a mutually agreeable summer vacation schedule. 6. The parties shall make reasonable efforts to accommodate each other's reasonable requests to deviate from the custody schedule set forth herein provided, however, that there shall only be such deviation upon the mutual consent of both parties. 7. Until the child attains the age of ten (10), the parents shall not discuss with the child any proposed deviations from the schedule, or any discussions pertaining thereto. 8. If either parent desires to establish a residence more than twenty-five (25) miles from his or her present residence, he or she shall give the other reasonable notice In advance of the move, and the parents shall confer prior to the relocation to establish a mutually acceptable arrangement as to custody In light of the changed circumstance. 9. The parents shall make certain that the child is ready on time for the transfer of physical custody from one to the other. 10 Without the other parent's express prior approval. the parents shall not schedule activities or appointments for the child that would require her attendance or participation during a time when she is scheduled to be in the physical custody of the other parent. 11. The parents shall provide each other with reasonable telephone access to the child, and the child shall be permitted free access to place telephone calls to either parent at any time she desires. r \ " 12. The parents shall take into account each other's concerns for the physical and emotional well-being of the child, and will uphold the other as one whom the child should respect and love. While in the presence of the child, the parents shall not make or permit any other person to make any remarks or engage in any activity which could be construed as derogatory or uncomplimentary to the other. 13. The Order dated September 21, 1995 shall be vacated. \ BY THE COURT: ~ ~,~ I .. ....- .I c~. O' ?:. - .!"- oJ' .-, , " ~~J -:5 _.- --,~~ -- '- ,.\--:j .::'1 ;~ ,-I .~;~ ,~..;..~ S.\ ~ hu ;;:i :;0- ." ..',~ " .') ~:;.' D . . .. TUCKER ARENSBERG & SWARTZ II ~ NOIITH.FRONT STREET P.O. BOX 889 IIARRISBURO. PENNSYLVANIA 17II1ll.0II89 171712:1-1-412\ . . . . .4UG J 6 20D1tfJ ,,",..,.........,,-,,"'.,.._-...--- ----- --~ ,.. M' . ,- /. " , .. . , . I . , , . i , I , .- ..~~-.-:--.-.:. \ \ ~. - .' ~~~. GWEN R. SAYTAR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-3304 : CIVIL ACTION - LAW : IN CUSTODY v. RICHARD N. SAYTAR, Defendant ~TIPULATION AND NOW, this -1 Oih day of (LJt ~U:S.+ , 2001, Plaintiff. Gwen R. Saytar, and Defendant, Richard N. Saytar hereby stipulate and agree as follows: 1. Plaintiff, Gwen R. Saytar, now known as Gwen Brougher-Keyes, (hereinafter "Mother") and Defendant, Richard N. Saytar (hereinafter "Father") are the natural parents of one rnlnor child. namely Arlana Nicole Saytar. 2. Legal custody of the minor child shall be shared by Mother and Father. With respect to legal custody, the parties further agree as follows: A. The child's legal name shall remain Ariana Nicole Saytar, and she shall be known as such for all purposes. The parents will instruct their family and friends that the child should not be referred to by any other name. B. Legal custody of the child will be shared by the parents. The parents shall have the right to participate in all major decisions affecting the child, including, but not limited to, medical, religious, and educational decisions. C. The parents agree to communicate directly with one another to keep the other informed of the progress of the child's education and social adjustments. The parents shall each have the duty to communicate directly with one another regarding any event or activity that could reasonably be expected to be of slgnlflcant concern to the other, such as school conferences, and any other of the child's school or social activities. D. The parents shall each be entitled to complete and full Information from the child's physicians, dentl;;ts, teachers, or authorities, Including, but not limited to, medical reports, academic and school report cards, and any report of disciplinary action taken against the child. It will be each party's responsibility to provide the other with such Information if known. E. With regard to any emergency decisions that must be made (such as in the event of illness or Injury), the parent with physical custody at the time shall be permitted to make those decisions without consulting the other parent In advance, provided that the parent with physical custody consults the other parent as soon as is reasonably possible. Day-to-day medical decisions of a routine nature shall be the sole responsibility of the parent having physical custody at the time. 3. Primary physical custody of the child shall be shared equally with each parent in accordance with the following schedule: Alternating weeks, beginning Fridays after the parties have flnlshed working or if the parties are not working that day, after school during the school year and at 8:00 a.m. during the summer months. This schedule shall become effective on the date that both parties signed this agreement. " 4. The parties shall share custody of their child on the holidays in the following fashion and the holiday schedule shall prevail over all other provisions of this order: A. Over the Christmas holiday each year, the Father shall have the child from 9:00 a.m. until 1 0:00 p.m. on the 24\11 of December, the Mother shall have the child from 10:00 p.m. on the 24\11 of December until 6:00 p.m. on the 251h of December, and the Father shall then have the child from 6: 00 p.m. on the 25\11 of December until 6:00 p.m. on the 26\11 of December. B. Over the Thanksgiving holiday each year, the Mother shall have the child all day Thursday, Thanksgiving day, and the Father shall have the child from 9:00 a.m. until 4:00 p.m. the following Friday. C. The parties shall share the following holidays on an alternating basis and the holiday period shall run from 9:00 a.m. until 7:00 p.m. on the day of the holiday: 1) New Year's Day; 2) Easter Sunday; 3) Memorial Day; 4) Fourth of July; and 5) labor Day. This schedule shall commence with Mother having the child on New Year's Day In 2001 and the parties alternating thereafter. D. The Mother shall have the child every Mother's Day from 9:00 a.m. until 7:00 p.m. and Father shall have the child every Father's Day from 9:00 a.m. until 7:00 p.m. E. In the event that either parent's scheduled holiday falls adjacent to a weekend that the parentis scheduled to have the child, the weekend will expand Into the f" 'T holiday so that the child need not be returned overnight to the other parent for the night between the weekend and the holiday. F. The parent not in custody of the child on his or her birthday or on the child's birthday shall be entitled to an extra three (3) hours of temporary custody on hat day or a mutually acceptable day. 5. The parties shall share a mutually agreeable summer vacation schedule. 6. The parties shall make reasonable efforts to accommodate each other's reasonable requests to deviate from the custody schedule set forth herein provided, however, that there shall only be such deviation upon the mutual consent of both parties. 7. Until the child attains the age of ten (10), the parents shall not discuss with the child any proposed deviations from the schedule, or any discussions pertaining thereto. 8. If either parent desires to establish a residence more than twenty.five (25) miles from his or her present residence, he or she shall give the other reasonable notice in advance of the move, and the parents shall confer prior to the relocation to establish a mutually acceptable arrangement as to custody In light of the changed circumstance. 9. The parents shall make certain that the child is ready on time for the transfer of physical custody from one to the other. 10 Without the other parent's express prior approval, the parents shall not schedule activities or appointments for the child that would require her attendance or participation during a time when she Is scheduled to be in the physical custody of the other parent. 11. The parents shall provide each other with reasonable telephone access to the child, and the child shall be permitted free access to place telephone calls to either parent at any time she desires. .. 12. The parents shall take Into account each other'e concerns for the physical and emotional well-being of the child, and will uphold the other as one whom the child should respect and love. While In the presence of the child, the parents shall not make or permit any other person to make any remarks or engage in any activity which could be construed as derogatory or uncomplimentary to the other. 13. The parties agree that each has carefully read this Stipulation and Is completely aware of its contents. Each party acknowledges and accepts that this Stipulation Is being entered Into freely and voluntarily, and that at the execution of this Stipulation is not the result of any duress or undue Influence. 14. The parties further agree that this Stipulation shall be entered as an Order of Court. As such, this Stipulation shall have the same full force and effect as if the matter had been tried and decided. 15. This Stipulation and Order of Court shall continue in full force and effect until further order of Court andlor amended agreement in writing between the parties. 16. The parties hereby waive their rights to present this Stipulation in open court or to have their case heard before the Court at this time. ~. Pt. ~ Itess ~ ~Wl i< ~l1*U~f) Gwen R{ roug - eye ormerly Gwen R. Say tar ,~l/1 ~\~ Witness fJ ~~~# Richard N. Say tar t: C") 0 f") c:: '"" -. "" ._, ~i~ c:: ".~~ t"", ,,-, Z:!I , - -..,t' . e;;r. : .~J " (..~ -< .~ ; ~:) r-c. ::::~ .,., ".." <-"''"'.:(": ;~,,; ~ '.:- , ..::.( ., :> -' ~) ~ , I ' c: ..j ~ :., -, - ':b - '"