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HomeMy WebLinkAbout96-00575 ~ $ 1 3 I o cfJ -j\ I ~ I 6 I c!J\ t ~ J I ;1O ,r- ,~ \.r) \ '-.9 " 0- " . .' , 0 (:' J. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ;,LAW 9(.., ~',~- c"...., t '[(:''''''1 NO. CIVIL 1995 IN CUSTODY TRINA L. BOWBRS, Plaintiff BRADLEY B. BOWERS, JR., Defendant AND NOW, this ~ day of stipulation and Agreement is hereby . , 199 ~ the attached made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE COURT, \:,..,,,-- , ' )'1" , ~" ._ "...L -.,. , " , -'1 -. "n"", , ,,-...I I ,. " ..', ~ I...; : . . . r: ...._.J -0 I", ,.- ~, " -.) , , , ;I~':_....J -......1 v. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ~ 9L ,s-',.>- C:'; v('l ~r.L"\ NO. CIVIL 1995 IN CUSTODY TRINA L. BOWERS, Plaintiff . . BRADLEY E. BOWERS, JR. Defendant . . . . CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Trina L. Bowers, (hereinafter referred to as "Mother") and Bradley E. Bowers, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Amber Desire Bowers, born December 7, 1990, (hereinafter the "child"); and WHEREAS, the parties are presently separated and living in separate residences: and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child: and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties will have joint shared legal custody; 2. Mother shall have primary physical custody of the child; 3. Father shall have periods of temporary or partial physical custody of the child on the following schedule: (a) Every other weekend from Friday evening at 4:30 p.m. until Sunday evening at 7:00 p.m., with the alternating weekends to begin with the weekend of December 15-17, 1995; " (b) Every Tuesday evening from 4:00 p.m. until 8:00 p.m. I and (c) At other times as the parties may agree. 4. The parties agree that they will alternate the following holidays: New Year's Day, Easter sunday, Memorial Day, the Fourth of July and Labor Day. The parent who is to have the physical custody of the child on these holidays shall have custody of the child from 9:00 a.m. until 7:00 p.m. In the event that a holiday occurs where Father is to have physical custody of the child and the holiday is consecutive to a weekend period of physical custody with the Father, Father shall be entitled to retain physical custody of the child Sunday evening through the Monday holiday. The alternating holiday shall begin with Mother having physical custody of the child on Veteran's Day 1995. 5. The parties agree to alternate physical custody of the child during the Christmas holiday season based upon the school holiday vacation schedule. Beainnina with Christmas 1996. the parties will alternate physical custody of the child between the following two periods: a. The period beginning at 5:00 p.m, on the child's last day of school before the Christmas vacation until 3:00 p.m. on Christmas DaYI and b. The period from 3:00 p.m. on Christmas Day until 7:00 p.m. on the evening before school is to begin following the Christmas/New Year's holiday season. Father shall have the first period of custody described above for Christmas 1996. Pending the child's entry in school in the 1996/1997 school year, the partie. agree that Mother will have physical custody of the child from 5:00 p.m. on December 23, 1995, through 1:00 p.m. on December 25, 1995, and Father will have physical custody of the child from 1:00 p.m. on December 25, 1995, until 7:00 p.m. on December 30, 1995. 6. During the Thanksgiving holiday season, agree that they will alternate physical custody of between the following two periods: a. The period beginning at 5:00 p.m. evening prior to Thanksgiving until 3:00 p.m. on Day I and the parties the child on Wednesday Thanksgiving b. The period from 3:00 p.m. on Thanksgiving Day until 4:30 p.m. on the Friday immediately following Thanksgiving, with Father having the first period of time described above for Thanksgiving 1996 and Mother having the second period for 1996. The parties will then alternate the periods each year accordingly. 7. The child shall always be with Mother on Mother's Day and with Father on Father's Day for the period from 9:00 a.m. until 7:00 p.m. 8. For the child's birthday for 1995 and for 1996, the parties agree that each parent shall be entitled to a period of at least three hours of physical custody with the child, with the specific times to be agreed upon by the parties. 9. Each parent shall be entitled to two weeks ot summer vacation with the child, with a week being seven days, to include that parent'. weekend of alternating physical custody. Father shall notify Mother by no later than June 1 of each year as to the two weeks he wishes to exercise his periods ot physical custody with the child under this paragraph. 10. The parties agree that they shall exchange physical custody of the child tor the beginning of Father's period ot temporary physical custody as described herein at the McDonalds on King street in Shippensburg, Cumberland County, Pennsylvania. The child shall be returned by Father to Mother's parents' residence at the conclusion of each period of temporary physical custody. 11. The parties agree that neither shall consume alcoholic beverages or controlled substances of any kind while they have physical custody of the child. If either parent is found to have been consuming alcoholic beverages or controlled substances prior to their receipt of physical custody of the child, the parent then in custody is entitled to withhold physical custody until such time as they are assured that the parent who has been consuming alcohol or controlled substances is in proper condition to appropriately provide and care for the child, 12. In the event that either party needs the services of a baby-sitter or child-care provider for a periOd in excess of two hours, they will first notify the other party, giving the other party the opportunity to serve as the child-care provider for that periOd of time. After notifying the other parent of the need for the child-care provider, if the other parent is unable to provide the child-care, then the parent in need of child-care shall have the opportunity to select a child-care provider of his or her choosing. 13. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 14. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 15. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this stipulation and Agreement. 16. The parties desire that this stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 17. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 18. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influences. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein mentioned. WITNESS: Date: 11.'/.3 -?5 BRAD , c.~' E. BOWERS, Date: j,,pt,'96 ttl1llJ1J/h.u..t~ TRINA L. BOWERS COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) On this the d(;~ day of l711l1Utdll undersigned officer, persona~~:~e~ed , 199}, TrinA L. before me, the Bowers, known to me (or satisfactorily proven) to be the person who.e name i. subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF CUMBERLAND ) +'15'1 ~ .I~nd!.":~ (:"'!!,'lll1'l, Notary PuNk .: -,' . l.'~ ,I, '~:l;lltIO'!lfl{t Cl.""nl~ S8 . ~ ,~,.., . ',,; l. ,p" ..' f'J\J\ '11 '1q'l - ..' , h __, ...., ___ __I II . ;,1 "(':'!"~ On this the /3f.!;.day of /J.~t{J,t6,r , 1995, before me, the undersigned officer, personally appeared Bradley E. Bowers, Jr., known to me (or satisfactorily proven) to be the person who.e name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, -) r-,,./J( A ,.:.J ~,~" ;; "r . r] Nota,lal Saal Robin J, Gosharn, Nelnry Public Corlialo 00'0, Cu'nbefland County My Cemmisalon bp,r.. AptII17, \999 ~ - ~;! In I~ CD ~ QI Q i N L1I 0.. if l&J CIl a ~ en Q\ <>::: L.U <>::: L.U :c <.) en e .. 5 ~ ;0 < S lC ffi C2 lC o .., ~ ~ ;; I!! ~ ~ > i: >i ~ Z .. ~ ;:I . - ~ ~ - - ~ '" < u . BE P Z1 (999-.. .,:\..: . ~ . . . . TRINA L. KENNEDY, formerly Trina L. Bowers, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 96-575 CIVIL TERM CIVIL ACTION.LAW IN CUSTODY BRADLEY E, BOWERS, JR., Defendant ORDER OF COURT AND NOW THIS ~ day of ~(~mh~ ( ,1999, upon consideration of the attached Petition To Modify Custody,\it is hereby directed that the parties and their respective counsel appear before, , Esquire, the conciliator, at. . \ ,::::, on the 20.. day of CX'.k\l('> r , 1999 at , ,P,M" for a P. -Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order BY THE COURT, BY \ Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249.3166 ~'L :-i).C: 'i:C;~ 0:: "'c" .. "::';7A1Y 99SEP291iiill:27 ell'.' .i_. '., .. "'~'u"m' "'I~'l.._. a.'-...J ......;1 I, FENNSIU'M..!'A f~.~f' &:1 ~ /I:~ ~ 47/ ~ f-079.r~ ~~~~ ~ ~ 7',.2'9, ~~ C''''''' ??1~ ?; ~ ~~d~ " . TRINA L. KENNEDY, formerly Trina L. Bowers, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 96-575 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY BRADLEY E. BOWERS, JR., Defendant PETITION TO MODIFY CUSTODY AND NOW, comes the Plaintiff, Trlna L. Kennedy, formerly Trina L. Bowers, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The Petitioner is the Plaintiff, Trina L. Kennedy, formerly Trina L. Bowers, (hereinafter referred to as 'mother"), who resides at 208 Leeds Road, Newville, Cumberland County, Pennsylvania, 2. The Respondent is the Defendant, Bradley E, Bowers, Jr" (hereinafter referred to as 'father"), who resides at 243 East King Street, Shippensburg, Cumberland County, Pennsylvania, 3, The parties are the natural parents of Amber Desire Bowers, (hereinafter referred to as 'child"), born December 7, 1990. 4. A Custody Order was entered in this matter on February 2, 1996, which provided Father with periods of visitation and partial custody of the minor child every other weekend from Friday at 4:30 p,m. until Sunday at 7:00 p,m" every Tuesday evening from 4:00 p,m, until 8:00 p,m, and at other times as the parties may agree, A copy of the January 2, 1996 Custody Order is attached hereto as "Exhibit A." 5, The parties have by agreement verbally modified the terms of the Custody Agreement, such that Father has the child every Thursday from 4:00 p,m, until 8:00 p.m., every other weekend and on some holidays, 6, Father has had a history of alcohol abuse and has previously been in trouble with the law as a result of his alcoholism, 7, Recently, father was charged with Driving Under The Influence as a result of causing a four vehicle accident which occurred because Father was operating his vehicle at night without the automobile's headlights on, 8, Father transports the child in his automobile during his period of partial custody of the child, 9, Mother cannot ensure the child's safety when the child is with the Father unless Father's partial custody is supervised, WHEREFORE, Mother respectfully requests that this Honorable Court modify the February 2, 1996 Custody Order, RespectfUlly submitted, O'BRIEN, BARIC & SCHERER Date: q./~. e;e; ?rt:r~~ I,D, # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas,dlr'domestlc'custody/bowers,pet " \ , .' . . ~ .' TlUNA L. BOWDS, P1ainUtt I I I I : v. BRADLEY I. BOIfIRS, JR., Defendant . . . . . . oeD o. mUll'! AND NOW, this .;zlUC.\ day of J:c.J, , 199 9' the attached stipulation and Agr...ant i. hereby made an Order of Court and all prior Order. on thi. aatter are hereby vacated. BY THE COURT, I<:/Jd,~o , ~. 4/f--- . , J. . . \ ~ , " TRU~'E;;QPY.FRqM RE90RO In Testlmqn~ YfhereOf, I here unto set my hand and the seal of said, 'at Carlisle. Pa. Thl ~,\ · 0" 'i Prothonotary " EXHIBIT A "" , . " . . . ., ~'~l~" "'r/" ,.~il"""'i~" , :.. ':'r,~l. '.~. .. . . ~ ,"..~ 'l'RINA L. BOWERS, Plaintiff : IN '1'HB COUR'l' OP COIOION PLEAS OP : ctJHBEJU.,MD COUH'1'Y, PBHNSYLVANIA . . v. : CIVIL ACTION - LAW . . BRADLEY E. BOWERS, JR. Defendant : NO. CIVIL 1915 : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT '1'HIS AGREEMENT AND STIPULATION entered into year hereinafter set forth, b~ and between Trina , (hereinafter referred to as "Mother") (hereinafter referred to as "Father"). WHEREAS, the parties are the natural Bowers, born December 7, 1990, (hereinafter the WHEREAS, the parties are presently separated separate residences: and WHEREAS, the parties wish to enter into NOW, THEREFORE, in consideration of the mutual covenants, promises and aqreements as hereinafter set forth, the parties aqree as follows: 1. The parties will have joint shared leqal custody: 2. Mother shall have primary physical custody of the child: 3. Father shall have periods of temporary or partial physical custody of the child on the followinq schedule: (a) Every other weekend from Friday eveninq at 4:30 p,m. until Sunday evening at 7:00 p.m" with the alternatinq weekends to begin with the weekend of December 15-17, 1995: .' ,........ ., ..il} (b) Every Tue.day eveninq from 4:00 p.m. until 8:00 p.m.; and (c) At other time. a. the partie. may agree. 4. The partie. aqree that they will alternate the followinq holidays: New Year'. Day, Ea.ter Sunday, Memorial Day, the Fourth of July and Labor Day. The parent who i. to have the phy.ica1 custody of fhe child on these .olidays shall have custody of the child from 9:00 a.m. until 7:00 p.m. In the event that a holiday occurs where Father is to have physical custody of the child and the holiday is consecutive to a weekend period of physical custody with the Father, Father shall be entitled to retain physical custody of the child Sunday evening through the Monday holiday. The alternating holiday shall begin with Mother having physical custody of the child on Veteran's Day 1995. 5. The parties agree to alternate physical custody of the child during the Christmas holiday season based upon the school holiday vacation schedule. Beainnina with Christmas 1996. the parties will alternate physical custody of the child between the following two periods: a. The period beginning at 5:00 p.m. on the child's last day of school before the Christmas vacation until 3:00 p.m. on Christmas Day: and b. The period from 3: 00 p.m. on Christmas Day until 7:00 p.m. on the evening before school is to begin following the Christmas/New Year's holiday season. Father shall have the first period of custody described above for Christmas 1996. Pending the child's entry in school in the 1996/1997 school year, the '. , . , . ,\ .. 'j. . parti.s 8gr.. ~at. Mother will have physiCal custody of ~. child from 5100 p.m. on Daceabar 23, 1995, through 1100 p... on Decembsr 25, 1995, and rathsr will have physical cust.ody of ths child from 1100 p... on Daceaber 25, 1995, until 7100 p... on December 30, 1995. 6. During t.he Thankagiving holiday season, agree that they will alternate physical custody betweGn the following two periofs: .' a. The period beginning at 5:00 p.m. on Wednesday evening prior t.o Thanksgiving unt.il 3:00 p.m. on Thanksgiving the parties of the child Day: and b. The period from 3:00 p.m. on Thankagiving Day until 4:30 p.m. on the Friday immediately following ThanJtllgiving, with Father having the first period of t.i.e described above for Thanksgiving 1996 and Mother having the second period for 1996. The parties will then alternate the periods each year accordingly. 7, The child shall always be with Mother on Mother'. Day and with Father on rather's Day for the period from 9:00 a... until 7:00 p.m. 8. For the child's birthday for 1995 and for 1996, the parties agree that each parent shall be entitled to a period of at least three hours of physical custody with the child, with the specific times t.o be agreed upon by the partie.. " " I ,. Bach parent shall be entitlia"fO''t"vo weeka of suaer vacation with the child, with a week being seven days, to inolude ;, that parent'. weekend of alternating phyaioal custody. rather .hall notify Mother by no later than June 1 of .ach year a. to the two weeks he wishes to exerci.e his periods of phy.ioal oustody with the child under this paragraph. 10. The parties agre. that they shall exchange physical custody Of, the child for the reg inning of rather's period of te.porary physical custody as described herein at the McDonalds on Xing street in Shippensburg, cumberland County, Pennsylvania. The child shall be returned by Father to Mother's parents' residence at the conclusion of each period of temporary physical custody. 11. The parties agree that neither shall consu.e alcoholic beverages or controlled substances of any kind while they have physical custody of the child. If either parent is found to have been consu.ing alcoholic beverages or controlled substances prior to their receipt of physical custody of the child, the parent then in custody is entitled to withhold physical custody until such ti.e as they are assured that the parent who has been consu.ing alcohol or controlled substances is in proper condition to appropriately provide and care for the child. 12. In the event that either party needs the services of a baby-sitter or child-care provider for a period in excess of two hours, they will first notify the other party, giving the other party the opportunity to serve as the child-care provider for that period of time. After notifying the other parent of the " . ",-, need for the child-care provider, if the oth~r parent 18 unable to provide the child-care, then the parent in ~~ed of child-care shall have the opportunity to select a child-care provider of his or her choosing. 13. The parties will keep each other advised i..ediately in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-~ing of thr child is pro~ected. During such illness or medical emergency, both partiee shall have the right to visit the child as often as he or she desires consistent with the proper .edical care of the child. 14. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 15. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this stipulation and Agree.ent. 16. The parties desire that this stipulation and Agreement be made an Order of Court to the Court of Common Pleas of cumberland County, and further acknowledge that the Court of Common Pleas of cumberland County does, in fact, have juriSdiction over the issue of custody of the parties' minor 'j , , , " " " " . . ',;'.l.t.. children and shall retain such jurilldiction'8hould ci1"OUa8tancu cbange aneS either party eS.sir. or r.quire .0cUficatlon of saieS Ord.r. 17. Th. part i.. agr.. that in making this Agr....nt, th.r. , bas be.n no fraud, conc.al..nt, ov.rr.aching, coercion, or oth.r unfair eSeallng on the part of the other. 18. The parti.. acknowledge that they have reaeS and und.rstand the provisions ot this Agr....nt. Each party acknowleeSges that the Agreement is fair and equit&bl. and that it i. not the result of any dure.. or undue influ.nce.. IN WITNESS WHEREOF, the parties h.reto intending to be legally bound by the terms hereof, set forth their baneSs and .eals the eSay and y.ar herein mentioneeS. WITNESS: Date:d,lJ""if' ~ E~ :J/. Y E. 50 , JR. ,~ tf/. ~ Date: /. .a~. 9& ..:#; /J1r;P1 &.1 Joh/l '1'RJ:N L. BOWERS " . . , ' . . I -1 " .".-, COKKONWEALTH or PENNSYLVANIA ) ) SS COUNTY or CUHBBRLAHD ) On thb the ~{g't!1 day of und.r.igned ottic.r, penonal .... (, , 199", ~tor. .., the Trina L. Bow.r., known to .. (or .ati.factor11y prov.n) to b. the per.on wbo.. naae i. .ub.cr1bed to the within Aqr._nt and acknowledged that .b. execut.d the .... tor the purpo... th.rein contained. IN WITJ!BSS WllBRBOr,:I b.r.unto .et Jay band and official .eal. COIOlONWEALTH or PENNSYLVANIA COUNTY or CUHBBRLAHD On this the /i3--'i:A.d.ay of ) ) SS ) ilurJJ,u'- Nol8ttaI Se8I Jennlfer S, Calaman, NaIa!Y.~NlIIc CarlIsle BolO. CUn1btrIancI My Commlalon Explras Nov, 29. 1 Member, Pennsytv3nL1 ssnd~non of NotJr1eI , 1995, betore .e, the undersigned offic.r, personally appeared Bradley B. Bower., Jr., known to me (or satistactorily proven) to be the person whose name is subscribed. to the within Agre_ent and. acJcnowledged. that she executed the .... for the purposes therein contained.. IN WITNESS WHEREOF, I hereunto set my hand. and. official seal. -;:(~.IM. ;- ./I_-'~'A , NoIaItaI Seal RobIn J,lloIhom. Notaty PullIIo c.... lIofo. CumbertanCl County My Commission Explre1Apll117. 1999 ;'..... . " ~.. ~~:-- ....... \ '~, TRINA L. BOWERS, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96.575 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY BRADLEY E, BOWERS. JR.. Defendant VERIFICATIQM I verify that the statements made in the foregoing Petition To Modify Custody are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, ~ 4904, relating to unsworn falsification to authorities, v6'<lpldu~ Trina L. edy DATED: 09 //1 /(1'1 , ~~ ~ ' il.~ · !I ~ .... V'l ~~ ......s..:s i 5 i I .j 1 ~ ~!:: III = ,,,,~ . .lIlliq~ ~ ~~ i~ ~ \'Ill <<Ii to::E '" E .... rJ .. i e ~ ,- ~I~g . '.. .. ] . - = =Allll'" III lil "'\I ~ ~ i I ::E .... , .. ..- . ~ . i . ~, 5. The Father shall not drive with the Child in the car for a peripd of 1 year from the date of this order. The Father shall arrange: ':. another responsible adult to drive the vehicle when the Child is prese, " ;:if /', / .'. I' ! .. .. TRINA L. KENNEDY, , IN THE COURT OF caIMOO PLEAS OF . Plaintiff . CUMBERLAND CCXlNTY, PENNSYLVANIA . . . vs. : NO. 96-575 CIVIL TERM . . 8RADLEY E. BCMERS, JR. . . Defendant : CIVIL ACTION - LAW . CUSTODY , CJUlBR OI!' CXXlRT AND tDi, this 1'1i., day of JJ '0 '" c:. ..., la c..r- consideration of the attached CUstody Conciliation Report, and directed as follows: , 1999, upon it is ordered l. The prior Order of this Court dated February 2, 1996 is vacated and replaced with this order. 2. The Mother, Trina L. Kennedy, and the Father, Bradley E. Bowers, Jr., shall have shared legal custody of Amber Desire Bowers, born Decerrber 7, 1990. 3. The Mother shall have primary physical custody of the Child, 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 4:00 p.m, through Sunday at 7:00 p,m. The Father shall notify the Mother preferably by the preceding Tuesday and in no event later than the preceding Thursday of the time when the Father will be available for the exchange of custody on Friday. During weeks when the Father notifies the Mother by the preceding Monday, the Father shall be entitled to have partial custody of the Child on Tuesday evening from 4:00 p.m, until 8:00 p,m. 6. follows: The parties shall have custody of the Child on A. aJRISTPlAS: The Christmas holiday shall be divided hIt Segment A, which shall run from 5:00 p.m. on the Child's last day of school for the Christmas vacation until 3:00 p.m. on Christmas Day, and Segment B, which shall run from 3:00 p.m. on Christmas Day through 7:00 p,m. on the evening before school resumes "..t . -.- ... rr "D-(';r::-:r: Ci,r. '\~.J.p'J _ ...I\.ll S~t rr'l I ~ " i:"'" :J :.: :'? ',";'/ ..,,\(, , , .. following the Christmas break. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd nUlOOered years, The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment 8 in even nUlOOered years. B. MC7.l'IIER'S DAY/I!'A'1'IfmIS DAY: The Mother shall have custody of the Child on Mother's Day every year from 9:00 a,m. until 7:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. C. aULD'S BIRTflDAY: The parties agree that each parent shall be entitled to have a period of custody with the Child for at least 3 hours on the Child's birthday, at times to be arranged by agreement of the parties. D. REPlAINING OOLIDAYS: The parties shall share or alternate having custody of the Child on New Years Day, Easter Sunday, Memorial Day, July 4th, Labor Day and Thanksgiving as arranged by agreement of the parties, E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule, 7. Each parent shall be entitled to have 2 weeks of sunmer vacation with the Child (with each week being 7 days) to include that parent's weekend of alternating physical custody, The parties shall notify each other at least 2 weeks in advance of his or her intention to exercise a period of custody under this provision. The party providing notice first shall have preference in his or her selection of vacation dates. 8. The parties shall exchange custody of the Child at the gas station located at Exit 9 on Interstate 81. 9. The parties agree that neither shall consume alcoholic beverages or controlled substances of any kind while they have physical custody of the Child. If either parent is found to have been consuming alcoholic beverages or controlled substances prior to their receipt of physical custody of the Child, the parent then in custody is entitled to withhold physical custody until such time as he or she is assured that the parent who has been consuming alcohol or controlled substances is in proper condition to appropriately provide and care for the Child. lO. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the Child and shall further take any necessary steps to ensure that the health and well-being of the Child is protected. During such illness or medical emergency, both parties shall have the right to visit the Child as often as he or she desires consistent with the proper medical care of the Child. 11. Neither parent shall do anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love or - . , - affection for the other party. 12. 'Itlis Order is entered pursuant to an agreement of the part,ies at a CUstody Conciliation Conference. The parties may modify the provisions of this Order by IIUtual consent. In the absence of IIUtual consent, the terms of this order shall control. BY THE CXXlRT, J. co: Michael A. Scherer, Esquire - counsel for Mother Bradley E. Bowers, Jr., Father ~"...~/I/I"'/qtj. .".y, o TRINA L. KENNEDY, Plaintiff IN THE CXXlRT OF ~ PLEAS OF CUM8ERLAND COONTY, PENNSYLVANIA NO. 96-575 CIVIL TERM vs. BRADLEY E. BCMERS, JR. Defendant CIVIL ACTION - LAW CUS'roDY PRI~ JUIlGB: GeoE'ge B. Hoffer ClmalY CXH:ILIATION SlMtARY RBl'mT IN AOCDUlANCB wrm aMBBRLAND CXXHl'Y RULB OF CIVIL PIlO< ..., -.BE 19l5.3-8, the undersigned CUstody Conciliator submits the following report: l. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAMB DATE OF BIRTH aJRRPNl'LY IN ClmalY OF Amber Desire Bowers Decerrtler 7, 1990 Mother 2. A COnciliation COnference was held on Noverrtler 3, 1999, with the following individuals in attendance: The Mother, Trina L. Kennedy, with her counsel, Michael A. Scherer, Esquire, and the Father, Bradley E. Bowers, Jr., who participated in the Conference by telephone. The Father is not represented by legal counsel. 3. The parties agreed to entry of an Order in the form as attached, f 1'19'1 I ,Q~-6<~~ Dawn 5. Sunday, Eaqu re CUstody COnciliator !U<JV(.IY\ 1;)v1 Date _', :'1"\. ..~ -... \ . ..