HomeMy WebLinkAbout96-02626
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IN '1'11I, COUIl'I' 01' COMMON PLEAS CUMUEIlI,AND COUN'I'Y,
PENNSYLVANIA
Rickey L. Moffitt,
Plaintiff,
CIVIL AC'I'ION
CUS'I'ODY
v.
Karen L. Moffitt,
Defendant.
NO. f}1. .1(, i{. C(;~( u..-
COMPLAINT FOR CUSTODY
1. The plaintiff is Rickey L. Moffitt, residing at 1055
Grahams Wood Rd., Newville, 17241, Cumberland County.
2. The defendant is Karen L. Moffitt, address unknown.
3. Plaintiff seeks custody of the following children:
Name Present Residence Age
Kjersten Moffitt 1055 Grahams Wood Rd., Newville 15
Erica Moffitt 1055 Grahams Wood Rd., Newville 14
The children were not born out of wedlock.
The children are presently in the custody of Rickey L.
Moffitt, who resides at 1055 Grahams Wood Rd., Newville, PA.
During the past five years, the children have resided with
the following persons and at the following addresses:
Persons Addresses Dates
Rickey L. Moffitt 1055 Grahams Wood Rd. , NeWVille From It) . ~~;i...
to Present
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Karen L. Moffitt 1055 Grahams Wood Ild. , Newville From . ~..' ,J...
to ~\ - ~j -:.]il>
IN '1'111:: COUH'I' 01-' COMMON P(,I::AS CUMIlWII.ANlI COUN'I'Y,
PI';NNSYINAN I A
Hickey L. Moffitt,
Plaintiff ,
CIVIl, AC'I'lON
v.
SPECIAL HEI.IEF;
EMI::HGI::NCY CUSTOllY
Karen L. Moffitt,
Defendant.
NO.
(h. ,)(, h (,,-.;, "(.,-
COMPLAINT FOR SPECIAL RI>LIEI'; I>MEHGENCY CUSTODY
1. The plaintiff is Hickey L. Moffitt, residing at 1055
Grahams Wood Rd., NeWVille, 17241, Cumberland County.
2. The defendant is Karen L. Moffitt, address unknown.
3. Plaintiff seeks special relief
of the following children:
Name Present Residence
of emergency custody
Kjersten Moffitt 1055 Grahams Wood Rd., Newville
Erica Moffitt 1055 Grahams Wood Rd., Newville
The children were not born out of wedlock.
The childron are presently in the custody of Hickey L.
Moffitt, who resides at 1055 Grahams Wood Rd., NeWVille, PA.
During the past five years, the children have resided with
the following persons and at the follow i ng addresses:
Persons Addresses Datos
Hickey L. Moffitt 1055 Grahamn Wood Hd., Newville From I/-~~
Age
15
14
Karen I.. Moffitt
to Present
1055 Grnhamn Wood <<d., Nowvllle From ,"R~-
to [I r, '/<0
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Plaintiff
:IN THE COURT OF CO/oIHON PLElIS OF
:CUMnERLI1ND COUNTY, PENNSYLVANIA
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:CIVIL ACTION - L1Ho{
:NO.q~-Z/,17-v CIVIL
:CUSTODY/VISI2~TION
19
Defendant
onDEn OF COURT
1,\/)" '/.? S 'd' f J
AND NOW, this (date) , upon cons~ erat~on 0 tie
attached complaint, it is hereby directe the parties and
their respective counsel appea~ before ,
the conciliator, at 3CI W. 1YJa'11 ,.'jt,u!- 17d::b
on the I ~ day of TWIt ,19 ,~ at fl' 00
M., for a Prehearing 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~y the court, and to enter into a tempora~ order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children'S attendance is
not mandato~. Failure to appear at the conference may provide
grounds for entry of a tempora~ or permanent order.
FOR THE COURT:
~ '
Bydl!,JJflV 'i':t!~1 /,rm1(
Custody onciLZator
YOU SHOULD TAKE THIS PAPER TO YOUR LAr'lYER AT ONCE. IF YOU DO NOT
HAVE A LAr'/YER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTJI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717) 240-6200
RICKEY L. MOFFITI.
PllIinliff
IN TliE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
%,2626 CIVIL TERM
KAREN L. MOFFIlT,
Defellllllnt
CIVIL ACTION. CUSTODY
ORDER
AND NOW, this
I~'
dllY of Muy. 191)6, the plllintlff is grunted IClIvc In proceed
in formll puuperis,
BY THE COURT,
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The mother of the children is Karen L. Moffitt,
currently residing at Unknown Address.
She is married.
The father of the children is Rickey L. Moffitt,
currently residing at 1055 Grahams Wood Rd., Newville,
PA.
lie is married.
4. The relationship of the plaintiff to the children
is that if father. The plaintiff currently resides with
the following persons:
Name Relationship
Kjersten Moffitt Daughter
Erica Moffitt Daughter
S. The relationship of the defendant to the children
is that of mother. The defendant currently resides with
the following per~ons:
Name Relationship
James Mort Unknown
6. Plaintiff has not participated as a party or
witness, or in another capacity, in other litigation
concerning the custody of the children in this or another
court.
Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this
Commonwealth.
Plaintiff does not know of a person not a party to
the proceedings who has physical custody of the children
or claims to have custody or visitation rights with respect
to the children.
7. The best interest and immediate welfare of the
children will be served by granting the special relief
requested because the defondant willfully abandoned the
children and left them in the sole care of the plaintiff.
The defendant has had no contact with tho children
and is presently and knowingly residing with a thirty-three
year old male known to have a sexual interest in both her
fifteen year old daughter as well as herself.
The defcndant refuses to disclosc her addrcss to the
plaintiff or to her children.
8. Each parent whoso 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.
Whereforc, plaintiff requests the court to grant
Special Relief; Emergency Custody of the minor children.
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In tho Court of ~ommon Pl~as of
Cumberland County, Pennsylvania
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Civil/; .~
VI.
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PRAECIPE TO PROCEED IN FORMA PAUPERIS
To tba Prothonotary:
Kindly allow 12 .. (, 1'/ ( . /
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L
(plaintiff) (Defendant), to proceed in forma pauperis.
Io
,attorney for the party
proceeding in forma pau~eris. certify that I ,elieve the party proceeding
11 unable to pay the COlts and that I am providing free legal service to
the party. The party'a aff~davit showing inability to pay the costs of
litigation is attached hereto.
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,rlll/96
1
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IN 'rilE COUHT 01' COMMON PLEIIS CUMllEIlLIIND COUN'!'Y,
PBNNSYINIINIII
Rickey L. Moffitt,
Plaintiff,
CIVIl. IIC'I'ION
CUS'!'ODY
V.
Karen L. Moffitt,
Defendant.
NO . (, (, , ,,) (_ :J (, (' (",~( 'r.;., '-..
ORDER OF COURT
You, Karen L. Moffitt, defendant, have been sued in court
to obtain Custody, Partial custody, or Visitation of the
children: Kjersten Moffitt and Erica Moffitt.
You are ordered to appear in person at
on ,at , _.M., for
[ a conciliation or mediation conference.
[ a pretrial conference.
[ a hearing before the court.
If you fail to appear as provided by this order, an order
for custody, partial custody, or visitation may be entered
against you or the court may issue a warrant for your arrest.
YOU SHOULD 'I'IIKE TillS PIIPEIl TO YOUH LIIWYEIl AT ONCE. IF
YOU DO DOT III1VE 11 LIIWYER OR CIINNO'I' AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CIIN GET LEGIIL
HELP.
PA Lawyer Reforral - Domestic Relations
1-800-692-7375
BY 'rilE COUll'!'
J.
Tho mother of the childron is Karon L. Moffitt,
currently residing at Unknown nddress.
She is lIIarried.
'I'he father of the childrcn i8 Hickey I.. Moffitt,
currently reuidinlj at 1055 GrahalllB \~ood Hd., Newville,
PA,
110 is married.
4. The relationship of tho plaintiff to tho childron
is that if father. 'I'he plaintiff currently rOB ides with
the following pcrsons:
Namo RelationBhip
Kjersten Moffitt Daughter
Erica Moffitt Daughter
5. The relationship of the defendant to the children
is that of mother. The defendant currently resides with
the following persons:
Name Relationship
James Mort Unknown
6. Plaintiff has not participated as a party or
witness, or in another capacity, in other litigation
concerning the custody of the children in this or another
court.
Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this
commonwealth.
Plaintiff does not know of a person not a party to
the proceedings who has physical custody of the children
or claims to have custody or visitation rights with respect
to the children.
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RICKEY L. MOFFITr,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 96-2626
CIVIL TERM
KAREN L. MOFFITT,
Defendant ~OF: ~,CUSTODY
AND tOol, this 1 JIj--r-1 day of
consideration of the attach~ conciliat
directed as follows:
, 1996, upon
t s ordered and
1. The Father, Rickey L. Moffitt, and the Mother, Karen L.
Moffitt, shall have shared legal custody of Kjersten Moffitt, born March
28, 1981, and Erica Moffitt, born May 7, 1982.
2. The Father shall have primary physical custody of the
Children.
3. The Mother shall have partial physical custody of the Children
on alternating weekends, beginning June 28, 1996, from Friday at 5:00 p.m.
until Sunday at 6:00 p.m. During the Mother's periods of weekend custody,
the Children shall sleep overnight at the maternal grandmother's residence.
In addition, the Mother shall have the option to have partial custody of the
Children one time per week for special events. These periods of custody,
shall not include overnight custody. The parties shall arrange these
periods of custody to avoid conflicts with activities previously scheduled
by the Father for the Children.
4. The parties shall insure that James Mort has no contact with
the Children during her or his periods of custody.
S. The Mother shall insure that Christopher Hoff shall have no
contact with the Children, except when the Mother is present, and not under
any circumstances during overnight periods at the maternal grandmother's
house.
6. Either party may contact the Custody Conciliator to schedule
an additional conciliation Conference, if necessary, at such time as the
Mother obtains permanent housing.
7. This Order is entered pursuant to an agreement of the parties
at a Custody Conciliation Conference. The parties may modify the provisions
of this Order by mutual agreement. In the absence of mutual agreement, the
terms of this Order shall control.
cc: Jane Muller-Peterson, Esquire
Mark C. Duffie, Esquire
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RICKEY L. MOFFITT,
plaintiff
IN TilE COURT OF COOMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 96-2626
CIVIL TERM
KAREN L. MOFFITT,
Defendant
IN CUSTODY
CUSTODY cx:tlCILIATICtl SU1I1ARY REPORT
IN AClOORIlANCE wrnl Cl.tlBERLAND <XXNlY RULE OF CIVIL PwY'R!VJRE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The relevant information pertaining to the Children who are
the subjects of this litigation is as follows:
NAME
BIRTHDATE
CURRENTLY IN CUSTODY OF
Kjersten Moffitt
Erica Moffitt
March 28, 1981
May 7, 1982
Plaintiff/Father
Plaintiff/Father
2. A Conciliation Conference was held on June 18, 1996 with the
following individuals in attendance: The Father, Rickey L. Moffit, with his
counsel, Mark C. Duffie, Esquire, and the Mother, Karen L. Moffitt, with her
counsel, Jane Muller-Peterson, Esquire and Michelle Hamilton, Legal Services
Intern.
3. The parties agree to
entry of an Order in the form as
x2-. jJ j-
~wnS. S~
Custody Conciliator
attached.
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RICKEY L. MOFFITT,
Plaintiff
: IN THE COUR'r OF roll'lON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 96-2626
CIVIL TERM
KAREN L. ~lOFFITT,
Defendant
: IN CUSTODY
~cnm
AND roI, this '}J} r'day
consideration of the attac~ody
and directed as follows:
, 1996, upon
n Report, it is ordered
1. The prior Order entered by this Court on June 20, 1996 is
vacated.
2. The Father, Rickey L. Moffitt, and the Mother, Karen L.
Moffitt, shall have shared legal custody of Kjersten Moffitt, born March
28, 1981 and Erica Moffitt, born May 7, 1982.
3.
Moffitt and
Moffitt.
The Mother shall have primary physical custody of Erica
the Father shall have primary physical custody of Kjersten
4. The parties shall alternate having custody of the Children on
weekends so that the Children are together every weekend. The alternating
weekend schedule shall begin with the Mother having custody of the Children
from August 9 at 6:00 P.M. until the following Sunday evening at 6:00 P.M.
and on alternating weekends at the same times thereafter. The Father's
weekend periods of custody shall be from Friday evening at 9:00 P.M. until
the following Sunday at 6:00 P.M.
5. The parties shall share or alternate custody of the Children
on holidays as follows:
A. Christmas - In even numbered years, the Father shall have
custody of the Children from December 24 at 8:00 A.M. until
7:00 P.M. and from December 25 at 5:00 P.M. until December 26
at 7:00 P.M. In odd numbered years, the Father shall have
custody of the Children from December 24 at 7:00 P.M. until
December 25 at 5:00 P.M. In odd numbered years, the Mother
shall have custody of the Children from December 24 at 8:00
A.M. until 7:00 P.M. and from December 25 at 5:00 P.M. until
December 26 at 7:00 P.M. In even numbered years, the Mother
shall have custody of the Children from December 24 at 7:00
P.M. until December 25 at 5:00 P.M. The parties shall share
custody of the Children over the remainder of the Children's
Christmas break as arranged by mutual agreement.
B. Thanksgiving/Easter/Memorial ~y - 'rhe ~lother shall have
custody of the Children on Memorial ~y in even numbered
years and on Thanksgiving ~y and Easter Sunday in odd
numbered years. The Father shall have custody of the
Children in even numbered years on Thanksgiving ~y and
Easter Sunday and on Memorial ~y in odd numbered years.
C.
July 4th/Labor ~y/Mother's Day/Father's ~L - In every year,
the Mother shall have custody of the Chi dren on July 4th
from 8:00 A.M. until 8:00 P.M., on Labor ~y and Mother's
~y. In every ~'ear, the Father shall have custody of the
Children on July 4th from 8:00 P.M. until the following
morning and on Father's Day.
6. Each party shall have an extended period of custody with both
Children each sunrner on dates and at times to be arranged by mutual
agreement of the parties.
7. The party receiving custody at an exchange of custody under
this Order shall provide transportation.
8. Neither party shall do or say anything which may estrange the
Children from the other parent, injure the opinion of the Children as to
the other parent or hamper the free and natural development of the
Children's love and respect for the other parent.
9. Each parent shall immediately notify the other of any medical
emergencies arising while the Children are in that parent's custody.
10. The parties agree that James Mort, Ricky Shoemaker and Roger
Moffitt shall have no contact with the Children except in the presence of
one of the parties.
ll. This Order is entered pursuant to an agreement of the
parties at a Custody Conciliation Conference. The parties may modify the
provisions of this Order by mutual agreement. In the absence of mutual
agreement, the terms of this Order shall control.
BY TilE COURT,
cc: Mark C. Duffie, Esquire
Joan Carey, Esquire
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III THF COURT OF CnMI.lotl PIFAS OF
rllMAFRI A1H) rnl HHY, PErms','\ VAN I A
V.
tlO. 'ltr -~h' ).1.' C I V II TF RM
Rlr-KFY I. MOFFITT.
nt' fendilnl
1~IISTnnY
r;ON5F1fL ~G.REFME!H
This A\l'HIlIll'''lt is ,'ntH",,1 on 11';<, ,_.\~'~\ rlny of \\\L\rcb,
199A, hy I hH (11uinl Iff 1 1\1I,..n I. Moff it t, IInd tl", dHfAnrlant.
Rid"y I. Moffitt. Till' ptnint iff h 'tl(1r""f!ntfHj hy Jonn Carey,
of L"\Jlll Sl'rViCH5, Inc..; th" def."ldunt i'l .mr..presen!>lCl but i5
awerH of his right tn Ilf'VH fin u"",nHY,
1. Tht! dHf"/1I1flnt find Ih" plflint iff flg"P.lJ to tl", Hntry of an
Order providing for thH following ~"stody schArlulH for their
child,..~n: Kjarsten Moffitt, nOA 3/2A/Al, anrl Fricll Moffitt, nOB
5/7 /82.
a. Tlltl mother al1d fAther shall hflve sllf.rerl legal
custody nf thA ..hild,'el1.
h. The moth.'!!' shall hnvl-! primAry physicill r.ustorly of
thl-! ..hi ldrHIl.
c. TllF! fntlll'!!' ShAll hnvH pa,llAl clIslody of the
..hlldren fit lim,'" olnd plllet.s 119'''Hd 'Ipon hHtwAAII the
motllllr IInd f all"'1 ,
?, Tllt~ part y rt-ll-:toiiving (lj...111lIy Ht ;11l J-I)l.f,hitllU'" 11f clIstody
IJltdnr this nrdt~r '~hrll1 Plt)V111" tlflll~:;'llllltdtil'J1I.
3. TI,,' f"ll"., "h..ll ;"',11'" th.ll Rll~Jt" 1', I.h,ffltt hav" 110
Lnnt.-tLt with tht" childl'''l wllf'" lh,~y it"" "I IIi'" l.tJ,~tllCly, and the
c.hildl,~n mil)' dl~( lilll' tl) '.II) wit" tll..i, r,tlIH" if nlllJHI E. Moffitt
KARFN I,. MOFF I TT 1
PIll I n I i ( (
IN THF r,OIJRT OF C:OMMON PLFAS OF
C:lJMRFRI AlJn r,OllfHY, PFNNSYL VAlH A
v,
r~o. '1A-
('IVII TFAM
RTC:KFY I. MrlFFITT.
0.. (''II''nlll
C:IISTOOY
rEIl.IJ 0.r.Lf08..~Q!l! Elf ~n0.N
Tht> plllillf i rr. Kill..1l I, Mo((il I, rl'llf,,~,'"ltl" hy .IORIl Cllr.lY
o( leonl S,',vl,-,tl", 11le,. sliltHS Ih.. (nlll)win!j:
1 . TIll' pI il I n I i ( (, K /lItHl I , Mn ( ( ill. I' tl sid.l S lit 34 I Illl n V III e
SlrH"', P.O. Rr)) 5(l1, York HilVHIl, York C:olJnly, Ptl/1/1sylvallia
17:170.
2 . T h tl rI" ( 0;11 rI all I. A I r: k 0; Y I . ' Mo rr ill 1 r A s i rI tl S II I 1 n 5 5
GIllhAm" Woon AOllrl, Nt!wvilltl. r,lJmht!rllllld r,olJllly. Pt!11rlsylvi'l/1ia
17;>4 I.
3. The Pllrl i.>s III tl IhH pllr..ll! S o( KilHSlfl/1 Moffilt, naB
,1/?1l/1l1, Illld F.riell Mnrrll I, nOR r;/7/A':'.
4. Thl" clwll e/1IHrurl n r:uslnrly Ordl'" 0/1 AUOlJsI (lOI h, 1996.
A cnpy n( 1 hH 0,..1,,1' i" III I nr.h'lfl.
5, ThH C'18lody Ord..r shnuld he modi(IHd I"H;lllj~H:
fl. Th<lmi/1nr child, FljcllMn((11I h,lS llv..d wilh the
mnltwr sinc" Ilpp'o,lmntnly AIJ\Jusl of 1'196, ann tht!
millOI' child, Kj"",I"1l MfJ((ill, hilS lived with tho
rnnthp.- ...illLfl npprllxillliltoly ,1IJIlP of 1'197.
h. Th" fnll,,,, h"., llil" p,I.'1 iill clhlnrly o( 1 hn chi ldre/1
at f fmtt dnd plilf;P'l aurtlpd Ilplll1 Iltd Wt-;lf:..n 1 h~ Inot '\t~r find
f" I I"" .
G. TIl.. pltrIIP', dljt I~'" th..t I hH 0, ot...., lu.J vilcatpd illHJ fl1nl fif'
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RICKEY [.. MOFFITT,
Plaintiff
IN TIlE CXXlRT OF lXX1/'lCtl PLEAS OF
CUMBERLAND cx:umc, PDlNSYLVANIA
vs.
NO. 96-2626
CIVIL TERM
KAREN L. MOFFITT,
Defendant
IN CUS'roDY
moER OI!' <DIRT
AND lUf, this .:O-ll'-day of ;)" /UJ AT, 1996, upon
consideration of the attached Custody Concil~rt, it is ordered
and directed aa follows:
1. The prior Order entered by this Court on June 20, 1996 is
vacated.
2. The Father, Rickey L. Moffitt, and the Mother, Karen L.
Moffitt, shall have shared legal custody of Kjerllten Moffitt, born March
28, 1981 and Erica Moffitt, born May 7, 1982.
3.
Moffitt and
Moffitt.
The Mother shall have primary physical custody of Erica
the Father shall have primary physical custody of Kjersten
4. 'ltIe parties shall alternate having custody of the Olildren on
weekends 80 that the Olildren are together every weekend. i11e alternating
veekend schedule shall begin with the Mother having custody of the Olildren
fran August 9 at 6:00 P.M. until the following Sunday evening at 6:00 P.M.
and on alternating weekends at the same times thereafter. The Father's
weekend periods of custody shall be fran Friday evaning at 9:00 P.M. until
the following sunday at 6:00 P.M.
5. 'ltIe parties shall share or alternate custody of the Olildren
on holidays aa follows:
A. Olrlstrnaa - In even nunbered years, the Father shall have
custody of the Olildren fran Decl!llber 24 at 8:00 A.M. until
7:00 P.M. and from Decl!llber 25 at 5:00 P.M. until Decl!llber 26
at 7:00 P.M. In odd nunbered years, the Father shall have
custody of the Olildren from Decl!llber 24 at 7:00 P.M. until
Decerrber 25 at 5:00 P.M. In odd nunbered years, the Mother
shall have custody of the Olildren fran Decerrber 24 at 8:00
A.M. until 7:00 P.M. and from Decl!llber 25 at 5:00 p.M. until
Decerrber 26 at 7:00 P.M. In even nunbered years, the Mother
shall have custody of the Children fran Decerrber 24 at 7:00
P.M. until December 25 at 5:00 P.M. The parties shall share
custody of the Children over the remainder of the Children's
ChristmaB break 8B arranged by mutual agreement.
B. i11anksgiving/Easter/Memorial ~y - The Mother shall have
custody OI the Children on Memorial ~y in even nWlbered
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