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HomeMy WebLinkAbout96-02451 " , ,....,. -~ f ~ .:i f . . " , I. I I \~ I I I j I J , I . . " ,,' ~ ~ / . " / I -..t ~ ~ I have joint legal cU6tody of the children. A true and correct copy of the Custody Agreement and corresponding Order are marked as Exhibit "A", attached hereto and made part hereof, 5. Since the entry of the above Custody Order, circumstances have materially changed and Petitioner believes and therefore avers that the best interest and permanent welfare of the children will be served by modifying the Custody Order. 6, Since the entry of the Custody Order, the Respondent has subjected the children to an unsafe and hostile living environment in the following particulars: (a) she has allowed the children to be subject to verbal abuse by her boyfriend which places the children in fear for their safety and which causes severe emotional upset; (b) further, it is believed and therefore averred that the she has had physical altercations with her boyfriend in her home where the children reside, thereby placing the children's safety and emotional well-being at risk; and (c) it is also believed and therefore averred that she has had to summon the police to her home on a number of occasions due to domestic disputes between Respondent and her .. 3 - Document 1tl2J29B boyfriend which disrupts the normal living environment and 6ubjects the children to embarraB~ment and emotional trallma. 7, Therefore, Petitioner respectfully requests that this Court modify the previous Custody Order in the following particulars: (a) Ordering Respondent to have no contact with her boyfriend in the presence of the minor children; (b) Providing sanctions for the violation of paragraph 7(a) including but not limited to the immediate transfer of primary physical custody from Respondent to Petitioner; (c) Ordering Respondent's boyfriend to have no contact with the minor children; and (d) Providing sanctions for the violation of paragraph 7(c) including but not limited to contempt of court. 8. Petitioner believes that the foregoing modifications are necessary to prevent possible risk of harm to the minor children and further that they are in the best interest of the minor children. - 4 - Document .l2J299 CALVIN L. WRIGHT, JR., Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-2451 CIVIL TERM DINAH M, WRIGHT, Defendant CUSTODY AGREEMENT WHEREAS, Calvin L. wright, Jr., hereinafter referred to as "Father", and Dinah M. Wright, hereinafter referred to as, "Mother", are the natural parents of two minor children: ,.... r' Alexander Wright (DaB 3/3/91) Sophia Wright (OOB 12/16/92); and '..;) f.O) (.', " .," '," ,-1 'I J (: "'.J i~ r I:~ ~:56 :r. ~ ' ,.,r-it ~., :' 'H5 , ..J ...1''' arrangem~ntso',~,fo~ -, 1;0 ='< WHEREAS, Father and Mother desire to make the Custody and Visitation of said children; and WHEREAS, both parties have been advised by counselor have had the opportunity to so be advised by counsel; and WHEREAS, the parties intend to submit this Custody Agreement to the Court of appropriate jurisdiction for merger into a Court Order approving said Agreement. NOW, THEREFORE, it is hereby stipulated and agreed as follows: 1. Father and Mother shall have shared legal custody of the children and shall consult with one another with respect to major decisions affecting the children, including medical, educational and religious matters. '. 2. Mother shall have primary physical custody of the children. 3. Father sh~ll have partial physical custody/visitation of the children during the following times: (a) Every other weekend from Friday afternoon when Father picks the children up from day care no later than 5:00 p.m. until Sunday night at 6:00 p.m.; (b) On the alternate weekends from Sunday at 6)00 p.m. until Father returns children to day care on Tuesday morning no earlier than 7:30 a.m. Mother will ensure that the children have eaten dinner prior to Father's period of partial custody/visitation on these alternate Sunday evenings. Furthermore, whether the children eat breakfast at day care on these alternate Monday and Tuesday mornings will be left to Father's discretion and Father will be responsible for payment of charges incurred for breakfast at day care during this period of partial custody/visitation. (c) Any other period of time as can mutually be agreed upon by Mother and Father. 4. On those days that Father must drop the children off at day care and/or pick them up at the end of the day from day care, Father agrees to drop the children off no earlier than 7:30 a.m. and agrees to pick them up no later than 5:00 p.m. - 2 - 5, Both parties agree that should either of them intend to remove the children from the Commonwealth of Pennsylvania for a period in excess of seven (7) days, the party intending to remove the children from the Commonwealth must give sixty (60) days' notice to the other party in order to preserve any legal rights the non-removing party may wish to enforce. 6. Mother and Father agree that, if either party is unable to fulfill his or her periOd of custOdy/visitation, the other party is hereby given the right to custody of the children for that period of time that the other party is unable to fulfill his or her periOd of custOdy/visitation. Should the party to whom custody reverts choose not to take custody of the children during the period during which the other party is unable to fulfill their custody/visitation Obligation, the party unable to fulfill the custOdy/visitation obligation may then make other arrangements for custody of the children during his or her period of custOdy/visitation. 7. Both parties agree to consult and cooperate with the other to facilitate the terms of this Agreement. Furthermore, the parties agree to refrain from any conduct or communication which would disparage the other before or in the eyes of the children. - 3 - ?;; In r-: ~: .,:,: .:.; , ..' l.l~r.l , :' . l ~, . ~I : ,. I' p:.," l\.. .. . ~\~., ". it ~::~ C>J ,.",,1' r~; "; C',. . : I i 1~1 L"J ft~ I- t,) I' ,.. :':. 0 C1' (J 0( H "'~ ~~ ~'" t5~ ~ ~~ ~ o .3 U~:i;:j~ ... :> I o '''' o UU ~uZ ~ ~~~::;;I o ~""I U UNI 0( I I "1 ,'" ::c ~ 0\ I ~~H I :> . I Z H 0 I ~ool U U Z I ... ... '... OJ 0: '... '" ..... "" " . 0<: ..., . i-< I%l '" .... ~ . .... Z H :> 3 . :> " ~ I%l '" H ~ . :E ~ Z H .:l m 5 ~ I ~ ~ j'" 8 ' ~ ~ ~ l'1 ~ . 1/1 0 Ul > :r ~ ,~ a ~ 0( J J: m J J: Z ~ 0 ~ ~ ~ ~ .. ~ 0( 11. ~ ~ ~ ~ . . , I I ~I 'tI1 0:1 ~I .:l I 1 I I I 1 1 I I I !I I I I 1 I I II ~I 01 I ~I 01 ~I H II 81 :E o ~ z 81 !;ll ~I Ii 0: ID II W '" . II ,", " ~ "' ~ g g ~ CALVIN L, WRIGHT, JR., 1 IN THE COURT OF COMMON PLEAS OF Plaintiff 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 V, 1 1 DINAH M, WRIGHT, 1 NO. 96-2451 Defendant 1 I CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 21ST day of AUGUST, 1996, the hearing scheduled for Monday, September 23, 1996, is canceled and a new hearing i. scheduled for Friday, August 30, 1996, at 1100 p,m, in Courtroom * 1. By the COUl:t, i ! I ( .., I i ( ( \ 0/ ~dl~ E. Shee{y, P,J, Richard Druby, Esquire For the Plaintiff 1~",..~1--' L '1"-<"I.I..':1.f./ to Keith E. Kendall, Esquire lIpJ, (j ,- For the Defendant f~~ Isld ~ lU - .:J i ,-, r."l .'.)".... (" ~t ; t'~ -.. 'lor". J~ j'~ I":.. r:/.. ~: '/;,;j .) .~/i 1Jj" \~ ... .' .' ';; L~i !:" "'J I:" .:1' '.l.. " \n ,:j U ,~,' I ';1) @ ., 1"1 I CALVIN L, WRIGHT, JR" I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I V, I I DINAH M. WRIGHT, I NO. 96-2451 Defendant I I CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 21ST day of AUGUST, 1996, the hearing scheduled for Monday, September 23, 1996, is canceled and a new hearing is scheduled for Friday, August 30, 1996, at 1100 p.m, in Courtroom * l. By the Court, Richard Druby, Esquire For the Plaintiff Keith E. Kendall, Esquire For the Defendant IBld 3. Items resolved by agreemant: The partias agreed that any order should includa that the parties share legal custody and that thay will give Bach othar sixty (60) days advance notice in the event that they are taking the children out of state. 4, Issues yet to be resolved: An ultimate custody schedule. 5. The Plaintiff's position on custody is as follows: Plaintiff flied this Petition for Modification and requested that the modification occur on the existing schedule. Currently, the children are with him every-other weekend from Friday until Sunday and in addition, every Friday night until Saturday, returning the children by 6:00 p,m. on Saturday. The Plaintiff requested that the schedule be changed such that the children are with him on Sundays until Tuesday morning, instead of every Fridey night until Saturday. His reason for the change is that there should be a full weekend when both parties have the children, and a full weekend when they do not. 6. The Defendant's position on custody is as follows: Defendant was adem ant that there be no change in the schedule. She believes that the children are in a routine and that it would not be in their best interest to change their routine even though the children are 5 and 3 Y:. years old. She also made soms claim that the children would have to spend more time in day care if the change requested by the Father was provided. 7. Need for separate counsel to represent children: None requested. 2 8. Need for independent psychological evaluation or counseling: Neither party requested, 9. A hearing in this matter is expected to take 2 hours. 10. Other matters and comments: The parties reached an agreement in 1 994 for a custody schedule which essentially provides the Father with the children every weekend, one weekend being from Friday until Saturday, and the other weekend being from Friday through Sunday. The Father requested a change so that a weekend could be freed up and instead of having the children from Friday to Saturday, he would request that the children be with him from Sunday until Tuesday morning. Mother was adamant and unwilling to make any change in the schedule. Her first concern was that the children would have to spend more time in day care in that she normally drops the children off at 8:30 a.m. and picks them up at 3:30 p.m. Father, upon hearing her concern, indicated that he would agree to have in the order a provision that he would drop the children off no earlier than 8:30 a,m. and would have them picked up no later than 4:30 since he would come up from York, This would mean that the children essentially would have one additional hour in day care Linder Father's proposal. The Conciliator tried to impress upon the Mother that the change by Father was reasonable and that the overall custody order in this case provided Father with 3 CALVIN L. WRIGHT, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. V~ J,lf51 (/{.fJ.-d... ,,)i,\-n"- DINAH M. WRIGHT, Defendant ORDER or COURT AND NOW, this '1\h day of N",.,/ , 1996, upon r consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ('(\\<:-v-.<'lt'.\ ~(>.nE\"'.:> Esquire, the conciliato~t:'LJ ~~ ,'ftt~"'\ "':,t. (l\vy\\> ~\\ , Pennsylvania, on 1 "''''''\'' " the ('/1, day , ,) of --.::rc,,,, , 1996, at / o'clock L..M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the sl,lbject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By ..;1 lil, {II f;" la-I t 'f( I custody Conciliator ' ./' 1.:1';);/7) 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 FINn OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County courthouse, 4th Floor Carlisle, PA 17013-3387 Telephone: (717) 240-6200 it. relationship to this action is Court of Common Plea. of York county, 94-SU-00891-02D, Divorce Action. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to this proceeding who has physical custody of the children, or claims to have custody or visitation rights with respect to the children. 7. The best interest in permanent welfare of the children will be served by granting the relief requested, because: (a) Plaintiff is a loving and caring father who has been and continues to be active in the lives of the children; (b) Plaintiff has the desire and intention to participate in the decision-making regarding the children's religious upbringing, educational decisions and medical treatment; (c) Plaintiff seeks to ensure that his custody rights can be enforced and upheld, should the Defendant de. ire to remove the children from the Commonwealth; (d) The requested relief equitably divides between the parties the time spent with the minor children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. -3- N 'I'> , , , -~") ~ I I, " ~ -\.. 'i-U ~ --.... I \.. I I. ...;. --- ~ '........ '-..: \\;.., , "t- " .::s- . - . "": "- - ,..,.... <(') ''''' ....... "'\""I - '7< ~""\ , _..... '<l.-...... \. \ """-I'" ---~ ,,_.) ... ... aI a: ... " W 0 ..; ,-< '" "" ... '<l '" 0 ",::i! r:: r:: !:; I'l ,-< " III 0 .:i;:; ,,, ... 0 III I- Q ..... " ~ ~ " o-ll>< 0.. '" '" " E 0..'" B ~ . z~ x: I- 0 V1 ! 0"1 :;j . I- 0 Z ~o.. .,: I- Z I'l < Z < V1 > .., ..... ~ 0 " o . ~ ... ~ . x >- UE':;:'i . ~ >- "- S ~ III " ... . i5 z I z l:;~1 :r ... 0.. . I- 7. '-' . f.5 e . 0 " 0 H > .,: ~ l- e a. a. E-tUZ ~ "" 0 I- Z .; ~~s ~ ... ~ < . '" j o ... ~ . I'l . U U o-l . a: ~ 0( ;C ..... w it ...,.,: " :'i Cl . ~...,~ "" :',! N < > ~ t;; x ~ > . :;j " Z HO "" 0 ::E H U c:.,.:,Z U "" U .. . , , Ifl ~ I.l - ~ ~ n ~ . > J ~ ~ g dp H. ~ \l < 0 " .. . ~ ~ <.J .!!iJ Ii ::; if . CALVIN L. WRIGHT, JR., I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW DINAH M. WRIGHT, NO. 96-2451 CIVIL TERM Defendant ORDER ) AND NOW this '/ i , / day of , . or' ,'.'" It \, 1996, upon review and consideration of the custody Agreement of the parties, a copy of which is attached hereto, said Agreement is hereby approved, adopted, merged and incorporated herein as the Order of this Court. BY THE COURT: ! / ( j LJ /(lZc./ Ie /.ri(~( {. J. v cc: Richard B. Druby, Esquire Attorney for Plaintiff Keith E. Kendall, Esquire Attorney for Defendant e<>-f'~'-..J ~~A. '1/'ol'1~. ..g 1,-'. '.-" I' " I ': :-i!,:~1,1 , ,", I ' . r" (I ~ :,:, ',. , l ,:;.~j .~ ,.\ I' ""'. :',.1 ;f~t_:.~) :.:,' ;:j 2. Mother shall have primary physical cUAtody of the children. 3. Father shall have partial physical custody/visitation of the children during the following times: (a) Every other weekend from F'riday afternoon when Father picks the children up from day care no later than 5:00 p.m. until Sunday night at 6:00 p.m.; (b) On the alternate weekends from Sunday at 6}00 p.m. until Father returns children to day care on Tuesday morning no earlier than 7:30 a.m. Mother will ensure that the children have eaten dinner prior to Father's period of partial custody/visitation on these alternate Sunday evenings. Furthermore, whether the children eat breakfast at day care on these alternate Monday and Tuesday mornings will be left to Father's discretion and Father will be responsible for payment of charges incurred for breakfast at day care during this period of partial custody/visitation. (c) Any other period of time as can mutually be agreed upon by Mother and Father. 4. On those days that Fathp.r must drop the children off at day care and/or pick them up at the end of the day from day care, Father agrees to drop the children off no earlier than 7:30 a.m. and agrees to pick them up no later than 5:00 p.m. - 2 - 5. Both parties agree that should either of them intend to remove the children from the Commonwealth of Pennsylvania for a period in excess of seven (7) days, the party intending to remove the children from the Commonwealth must give sixty (60) days' notice to the other party in order to preserve any legal rights the non-removing party may wish to enforce. 6. Mother and Father agree that, if either party is unable to fulfill his or her period of custody/visitation, the other party is hereby given the right to custody of the children for that period of time that the other party is unable to fulfill his or her period of custody/visitation. Should the party to whom custody reverts choose not to take custody of the children during the period during which the other party is unable to fulfill their custody/visitation obligation, the party unable to fulfill the custody/visitation obligation may then make other arrangements for custody of the children during his or her period of custody/visitation. 7. Both parties agree to consult and cooperate with the other to facilitate the terms of this Agreement. Furthermore, the parties agree to refrain from any conduct or communication which would disparage the other before or in the eyes of the children. - 3 - '+< " 01 '+< ~ t5 0 ~ '... " ..., .., 0 ~~ '" '" '" '... " VI 0 <1l .... VI . Q ~~ ..... " ::J " .,. '" ~ " ~ I ~ I " ~~ I :.: , .. 0 ~ I .J V1 , . . .. 0 l ~.,. I '" % , , '" , I ., f:1...,~ 0 V1 > ~ - " o .;. I > " . , U~:5~ . VI w ~ 0 - I f-< . ~~< a: , , <D , ~ ~ == ~ . .. l o I H I " . 0 ~ ... 0 . 0 W 0 U I H > 15 .' 0 0. ~ f-<UZ ~ H 0 . Z ,; ~~S~ I ~ f-< ~ < . I '" . OJ ) o f-<'" I . I:.J ", . U UN .... U a: - <I :>: ... " "'''' 00 I Z " " is''';:l''' II H :;j N , II ~ I;j , ~ ~ . :;j Z Z HO H ~ HUUZ U "" II ~ ..6 .~ - ~- .:i <s II,~;;! (1~ ( ",:. -, 7- .:. (~ :c u;r. \.:- '1- 0.. ,-')\'-' :1~ G' a:> ..) I~. .'Yj ;~: ,-, - :2m l....s.: t; '~ d. I... 0 .~ u.. C1' ..? 0 C1' a 6; --" (.).. ~ o ~ i~ !),Q ~~ ij .~~ a ~ l'l ~ attached Exhibit A. a true and correct copy of the Custody Agreement and corresponding Order). 6, At the time of entry of the above-referenced order. Respondent was gainfully employed on a full-time basis, 7, During the marriage of the parties and thereafter. Respondent saw mental health professionals for depression and other possible problems. 8, During the marriage of the parties and thereafter. Respondent expressed suicidal thoughts, 9. Approximately eight to nine months ago. Respondent left her full-time job with Xerox due to physical and mental health difficulties. and was placed on short-term disability, 10, It is believed and therefore averred that Respondent was examined by several physicians and diagnosed as both manic depressive and bi-polar disorder, 11, It is believed and therefore averred thelt Respondent was placed on several prescription medications. including Zoloft, Trazodore. Braxin. Well-Sutrin. Depacer and Cloazepm, 12, It is believed and therefore averred that. as a result of the diagnoses. Respondent was placed on long-term disability and has been incapable of maintaining full-time employment. 13, It Is believed and therefore averred that Respondent has been attending both group and Individual therapy sessions at least three times a week for the past several months, 14, In addition, Respondent regularly consumes alcohol while being on the prescription medications, 15, Respondent was admitted to the Holy Spirit Hospital on the evening of Thursday. October 7,1999. after an apparent suicide attempt. 16, Respondent had a blood alcohol level of approximately ,13 and had ingested between 15-20 of the Cloazepm, 17, Respondent was kept in the hospital overnight for observation and was released the following morning, 18, It is believed and therefore averred that Respondent's sister removed the Zoloft, Trazodore, Braxin and Well-Butrin from the Respondent's home, 19, It is believed and therefore averred that Respondent is continuing to abuse alcohol while under the influence of prescription medication, 20, It is believed and therefore averred that the Respondent's condition poses a threat to the safety of both herself and the minor children, 21, The minor children are frequently left to fend for themselves for extended periods of time because Respondent is asleep due to her medical and alcohol consumption, 22, It Is believed that Respondent's state of mind and condition have been steadily deteriorating and have, at this time, risen to the level of an emergency, which places the minor children in danger should they remain in the primary physical custody of Respondent. 23, As required by local rule, Respondent's last known counsel of record was notified of Petitioner's intent to file this emergency petition, via facsimile, (See attached Exhibit B letter to Keith E, Kendall, dated October 18, 1999,) 24, No response has been received from Attorney Kendall with regard to this matter, WHEREFORE, Petitioner respectfully requests that this Honorable Court grant primary physical custody of the minor children to Petitioner pending the outcome of the final hearing in this matter and, further, that until the time of the final hearing, Respondent be limited to periods of supervised visitation for a period of two hours on Tuesday and Thursday at Respondent's sister's (Wendy Roberson) residence, located at 5336 Manayunk Blvd" Apt. A, Harrisburg, PA 17103, Further, Petitioner requests that Respondent be directed to refrain from contacting, attempting to remove, or removing the children from their school, pending the final outcome of the hearing in this ÿ matter, CALVIN L, WRIGHT, JR" I IN THB COURT OF COMMON PLEAS Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA I v. I CIVIL ACTION - LAW t DINAH M. WRIGHT, I NO. 96-2451 CIVIL TBRM Defendant ORDIIJR AND NOW this q;tJ.. day of -8~u , 1996, upon review and consideration of the Custody Agreement of the ~arties, a copy of which is attached hereto, said Agreement is hereby approved, adopted, merged and incorporated herein as the Order of this Court, BY THE COURT: P ~~ I 7J...4o-f~ C", ...JJ "11 .J. COI Riohard B, Druby, Esquire Attorney for Plaintiff Xeith B, Kendall, EsqUire Attorney for Defendant TRUE COpy FROM RECORD In TC!I:rr,:n'l. I, r'cl, I Ii,/', U",t? ~t my hand and 'h~ stal ef sa;,J CQurt at Carlisle, Pa, ThlsJP7tJ.. dilY of~~,~:, 19,1.4:>.. ..........~.:~;Co~~"'...~"... CALVIN L. WRIGHT, JR., Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-2451 CIVIL TERM v. DINAH M. WRIGHT, CUSTODY AGRBBMENT WHEREAS, Calvin L. Wright, Jr., hereinafter referred to as "Father", and Dinah M. Wright, hereinafter referred to as, "Mother", are the natural parents of two minor children: Q '0 (, o. 0 ~ ''1 a:.:> ~ -,:} Alexander Wright (OOB 3/3/91) :<:;,' " !;{J1 Sophia Wright (DOB 12/16/92); and f,(. l- .:J;g ?f ;." :;! n.:r!~ ~ c. ':', J.l'c W "_ WHEREAS, Father and Mother desire to make arrangem!~t~~fo~ -< (.t) ~ the Custody and Visitation of said children; and WHEREAS, both parties have been advised by counselor have had the opportunity to so be advised by counsel; and WHEREAS, the parties intend to submit this Custody Agreement to the Court of appropriate jurisdiction for merger into a Court Order approving said Agreement. NOW, THEREFORE, it is hereby stipulated and agreed as follows: 1. Father and Mother shall have shared legal custody of the children and shall consult with one another with respect to major decisions affecting the children, including medical, oducational and religious matters. 2, Mother shall have primary physical custody of the children, 3, Father shall have partial physical custOdy/visitation of the children during the following times: (a) Every other weekend from Friday afternoon when Father picks the children up from day care no later than 5:00 p.m. until Sunday night at 6:00 p.m.; (b) On the alternate weekends from Sunday at 6JOO p.m. until Father returns ohildren to day care on Tuesday morning no earlier than 7:30 a.m. Mother will ensure that the children have eaten dinner prior to Father's period of partial custOdy/visitation on these alternate Sunday evenings. Furthermore, whether the children eat breakfast at day care on these alternate Monday and Tuesday mornings will be left to Father's disoretion and Father will be responsible for payment of charges incurred for breakfast at day care during this periOd of partial custody/visitation. (c) Any other periOd of time as can mutually be agreed upon by Mother and Father. 4. On those days that Father must drop the ohildren off at day care and/or piok them up at the end of the day from day care, Father agrees to drop the ohildren off no earlier than 7:30 a.m. and agrees to pick them up no later than 5:00 p.m. - 2 - 5, Both parties agree that should either of them intend to remove the children from the Commonwealth of Pennsylvania for a period in excess of seven (7) days, the party intending to remove the ohildren from the Commonwealth must qive sixty (60) days' notioe to the other party in order to preserve any legal riqhts the non-removing party may wish to enforce. 6. Mother and Father agree that, if either party is unable to fulfill his or her period of custody/visitation, the obher party is hereby qiven the riqht to custody of the children for that period of time that the other party is unable to fulfill his or her period of custody/visitation. Should the party to whom oustody reverts choose not to take custody of the children durinq the period durinq which the other party is unable to fulfill their custody/visitation obliqation, the party unable to fulfill the oustody/visitation obligation may then make other arranqements for oustody of the children durinq his or her period of custody/visitation. 7. Both parties agree to consult and cooperate with the other to facilitate the terms of this Agreement. Furthermore, the parties agree to refrain from any conduct or communication which would disparage the other before or in the eyes of the chUdt'en. - :I - , , F.l; cr, ~ <, ~ .,..; t;': ":;"} UJ(-/ l' . ~ . r~. J , ~. ~.... ('.1 .ox: ,.1 ;~: ,- <:I.. ("'j';: .~l --. {' 1'1-"''',J I {. ~ CO -0 'J":' - ".'1,.. ".~ c.:: ~I' ,- "hi.j c..., .... c::; iilCl'; b "., d 0" " physical custody of the childr.en and Pet it loner and Respondent have joint legal custody of the children, A true and correct copy of the Custody Agreement and corresponding Order are marked as Exhibit "A", attached hereto and made part hereof, 5, 011 Novernbel' 20, 1997, this Honorable Court entered an Order modifying the Custody Order of September 9, 1996, by including a provision that the Respondent's "former paramour, Thomas 0' Brien, shall have no contact with the children until such time as the parties may agree." A true and correct of the November 20, 1997 Order is marked as Exhibit "B", attached hereto and made part hereof, 6. On December 23, 1997, undersigned counsel forwarded a letter to Respondent notifying her that, on at least two occasions, she had been in violat ion of Judge Sheely I s Court Order prohibiting Mr. O'Brien from having contact with the children. The letter further advised that, should Mr. 0 I Brien have any further contact with the children, the Petitioner would file a Petition for a Contempt and seek any and all remedies available. A true and correct copy of undersigned counsel's letter is attached hereto as Exhibit "C". 7. Despite the CQurt Order of November 20, 1997 and undersigned counsel's warning that further violations would not be tolerated, Respondent has willfully failed to abide by the - 2 - I1llmnw!I1M 129r.' " ,t' "L ....1 J " .~ 1" , " '" ; ",\ ., ~ , j Exhibit A \ ., I, I . i I , , , , . _.._~~- .',- CALVIN L. WRIGHT, JR., I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW I DINAH M. WRIGHT, I NO. 96-2451 CIVIL TERM Defendant I ORDIR AND NOW this q;tJ.. day of J'i'~u , 1996, upon review and consideration of the Custody Agreement of the ~arties, a copy of which is attached hereto, said Agreement is hereby approved, adopted, merged and incorporated herein as the Order of this Court. BY THE COURT: P /.sl ~ C. .JJII~ .J. CCI Richard B. Druby, Esquire Attorney for Plaintiff Keith E. Kendall, Esquire Attorney for Defendant TRUE C0PY FROM Rt':CORD In Te".r:, ," ,.f. : f;,: l"l sd my hand and thd s~ci of S""J (')'Jrt ~t Carlisle, Pa. This . I D 7t( Cui of ~" 199:4.>.. ..........~~.:1:~~~rY............. CALVIN L. WRIGHT, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-2451 CIVIL TERM DINAH M. WRIGHT, Defendant CUSTODY AGREEMENT WHEREAS, Calvin L. Wright, Jr., hereinafter referred to as "Father", and Dinah M. Wright, hereinafter referred to as, "Mother", are the natural parents of two minor children: ,..., r' Alexander Wright (OOB 3/3/91) , r" -, ~". ' . _C> (..', ',') 'J "3 , I,) " J i'TJ , . , ;lI1 r' ~, , ) ~.~ J5 ::, '.<8 t: ,; .... ".2f~ WHEREAS, Father and Mother desire to make arrangem~nts~~~fO~{ -, 11:1 ~ the Custody and Visitation of said children; and Sophia Wright (DOB 12/16/92); and WHEREAS, both parties have been advised by counselor have had the opportunity to so be advised by counsel; and WHEREAS, the parties intend to submit this Custody Agreement to the Court of appropriate jurisdiction for merger into a Court Order approving said Agreement, NOW, THEREFORE, it is hereby stipulated and agreed as follows: 1. Father and Mother shall have shared legal custody of the children and shall consult with one another with respect to major decisions affecting the children, including medical, educational and religious matters. '. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody/visitatJ,on of the children during the following times: (a) Every other weekend from Friday afternoon when Father picks the children up from day care no later than 5:00 p.m. until Sunday night at 6:00 p.m.; (b) On the alternate weekends from Sunday at 6~00 p.m. until Father returns children to day care on Tuesday morning no earlier than 7:30 a.m. Mother will ensure that the children have eaten dinner prior to Father's period of partial custody/visitation on these alternate Sunday evenings. Furthermore, whether the children eat breakfast at day care on these alternate Monday and Tuesday mornings will be left to Father's discretion and Father will be responsible for payment of charges incurred for breakfast at day care during this period of partial custody/visitation. (c) Any other period of time as can mutually be agreed upon by Mother and Father. 4. On those days that Father must drop the children off at day care and/or pick them up at the end of the day from day care, Father agrees to drop the children off no earlier than 7:30 a.m. and agrees to pick them up no later than 5:00 p.m. - 2 - 5. Both parties agree that should either of them intend to remove the children from the Commonwealth of Pennsylvania for a period in excess of seven (7) days, the party intending to remove the children from the Commonwealth must give sixty (60) days' notice to the other party in order to preserve any legal rights the non-removing party may wish to enforce. 6. Mother and Father agree that, if either party is unable to fulfill his or her period of custody/visitation, the other party is hereby given the right to custody of the children for that period of time that the other party is unable to fulfill his or her period of custody/visitation. Should the party to whom custody reverts choose not to take custody of the children during the period during which the other party is unable to fulfill their custody/visitation obligation, the party unable to fulfill the custody/visitation obligation may then make other arrangements for custody of the children during his or her period of custody/visitation. 7. Both parties agree to consult and cooperate with the other to facilitate the terms of this Agreement. Furthermore, the parties agree to refrain from any conduct or communication which would disparage the other before or in the eyes of the children. - 3 - . . , ,~,' , '. II 'I " " I.IIM C I , J~ I: , I i I , " ,'J , ., , , , " "I) el 1Il II: ~-( ~ w 0 0..... '" 0 :.': 0 M Vl:.! III 0 L.'i~ 1-<1>- III ~ Q ~e; ~~ ~ w i5 1:3~ . ~ r.i . :.: j III 0 . . 8 . .. 0 i ~... '" '" .. M ~ i . z I-< ..., ~ 0 I/l o . ,...,0 I/l . . > ~~ ,..., ..... ... .... > ~ S I/l III w .... 1;;:::: . " ..'" l Z .. ~i ....u II: . ~ 0 z .... 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