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HomeMy WebLinkAbout96-02648 , '. LAW OFFICES JOHNSON. DUFFIE, STEWART & WEIDNER MAY 15 looabfJ ,lOt Milk.. st..et P. O. Box t09 Lemoyne, rennlylvanla 1704J.Ot09 ...1. ! fiC'i ,,: ,.....;....i:;': . Telephone (717). 761-4m. . {;li Telecople, (717) 7~1..1015;'-~0l~ -r . I -t_ ',. '\ l . t,. ~-v:\.-- ... t. 'j , I, " ? ' 'j. :'i , .. I .' orl ;.' o ,,~l. .. ~... ' ~. to- 1 ~ .. j. " j,.: '0:", . (i "1 . ..'- 'j " . ... . '... ~ 0 " . t " ,;", I ...;- i \' l ~'~~ : r: l \ 0 j' ;J I I ,. J' 1 ~ -\ , " II t '" \/ iI. I I ( I ...Jl' OlOl76-OOOll1/MlY 9, 19961DWDIMllmo~3 WILLIAM B. BOWER. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA '. /' ~ NO. ~Z" .~)t. '1,f (~("f't...:'./(')'1 CIVIL ACTION. CUSTODY Plaintiff vs. IRENE M, BOWER, Defendent ORDER OF COURT AND NOW. upon consideration of the attached Complaint. it Is hereby directed that the parties and their respective counsel eppear before -D-I, r I, (,,:. ./ 6~~ &:5(0 . the Conciliet . on '1.\' ~,~ ~ ":t 80~ 5.1 1'5. the ~"day of J It nr . 1996, at /'/- I .m. 08"''', _ r~C\Wl(.) Ibll . ~~ty-Courthous~-Gourthouse,Squera,Cerhllle. for 8 Pre.Heerlng Custody Conference. At such confarenca, an effort will ba made to resolve the Issues and disputes; or if this cannot be accompllshad, to define and narrow the issues to be heerd by the Court, and to enter Into a temporary Order. All children age fiva or older mey be present at the conference. Fellure to appear at the conference may provide grounds for entry of a temporery or permanent Order. For the Court. By: (1u'{hlLtlL 6.'h1r ~.~ Custody Conclliat ' 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 Administretor Cumberland County Court House 1 Courthouse Square Carlisle. Pannsylvanla 17013 Telephone: (7171 240.6200 OIOt76-0000IIMlY 9, t9961DWDIMII"302' 7. Since her birth to August 20, 1995, Cholsoa T, Bower resided with tho Plaintiff end Defendant. 8, The Plaintiff hes not participated as a party or witness, or In en other capacity. in other litigation concerning the custody of the child In this or enother court. 9. The Plaintiff has no information of a custody proceeding concerning the child ponding in e court of this Commonwealth. 10. The Plaintiff doos not know of a person not a party to the proceedings who has physical custody of the child or claims to hava custody or visitation rights with respect to tho child. 11. Each parent whose parontly rights to the child hove not beon tormlnated and the persons who have physical custody of the child heve been named as partios to this action. 12. Plaintiff seeks an Order of Court granting him partial physical custody of his minor daughter at least every other weekend from Friday after school to Sunday evening, two evenings per week, every other major holiday, at least Sill (61 weoks during the summer, additional time during the Christmas holiday season, eccessto the child's medical records and report cards, participation in major decisions concerning the child's education and health, consultation privileges, being kept advisod of the child's baby sitting arrangements and ali school activities, and provided with all school information Including notices of parent teacher confarences. 13. The best intorest and permanent welfare of the child will bo sorved by granting the Plaintiff partial physical custody of his minor child so thet ho can continue his close relationship with his daughter and can remain actively involved in his daughter's Iifo. J .... ~ .... -..:::::... '-lI .,~ ~ Ul R C) - ~ ~ q I%l E>. ..l ~ E ~ ~ ~ i ~ ~ ~ . if l,J g II: )1 ~ ~ . . .. '. . , . . -' ..., ! '0 1 q :r)(j{id . .l .. '" . . " . .... "I ,- P.-; lJ'. ~, 0 .- ,.. C.; (') ,:.: ~-- \-".. ". ~ii '.. -..0.: ~~ t' (...., (I) " ,.," I' . ,',.i] [tl; , - a~ f.. '-, II. t!) , 0 <.:' ij . 2. The pertles sholl alternate the following mejor holldeys: Eester, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. Father shall heve the child on the Fourth of July in 1996, end the schedule sholl alternete thereafter. In eddition, the parties will elternete the child's school holidays. 3. The Christmas holiday will be broken into two segments. Segment A will occur from 12:00 noon on 24 December until 12:00 noon on 26 December. Segment B will occur from 12:00 noon on 26 December until 12:00 noon on 26 December. Mother sholl hove Segment A in 1996 and all even.numbered yeers thereafter and shall heve Segment B in 1997 end 011 odd. numbered years thereefter. Father will heve Segment A in 1 997 and all odd,numbered years thereafter and shall heve Segment B in 1996 and ell even-numbered years thereafter. 4. During the summer of 1996, Fether shall heve two non. consecutive weeks with the child. Mother sholl be entitled to have visitation with the child on Mondey end Wednesdey evenings from efter work until 9:00 p.m. unless Father is going out of town with the child. For the summers of 1997 and in the future, the parties will attempt to work out an eppropriate schedule, and If they cannot agree, WILLIAM B. BOWER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. IRENE M. BOWER, Defendant CIVIL ACTION - LAW NO. 96.264B CIVIL TERM CUSTODY JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-B(b). the undersigned Custody Conciliator submits the following report: 1. The pertinent Information concerning the chlld(ren) who Is(are) tha subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Chelsea Taylor Bower 3 August 1991 Shared 2. A Conciliation Conference was held on 13 June 1996, and the following Individuals were present: the Plaintiff and his attorney, David W. Deluce, Esquire; the Defendant appeared with her attorney, Mary Etter Dissinger, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 1 . _... I 010170,00001/M.rch 21, 1887(OWO/MH/0I320 WilliAM B. BOWER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plelntiff NO. 96.2648 CIVil TERM vs, CIVil ACTION. lAW CUSTODY IRENE M. BOWER. Defendent ORDER OF COURT AND NOW, this ~' deyof A",,,,') . '997. upon conslderetion of the Stlpuletlon , of the perties which is etteched hereto. end incorporeted herein by reference thereto, it Is hereby Ordered end Decreed thet the seid Stipuletlon is epproved end edopted es the Order of Court with full weight end effect, es if it hed been set forth in full hereinefter. The perties ere further edvised thet this Order of Court Is binding end enforceeble. BY THE COURT. -yo AIL J. ., 3 " .'" .'..q. 01017B.OOOOllM.,ch 21. 18B7/DWD/MH/B1320 relocate to tha state of Virginia during the summer of 1997. the Order of Court deted June 18, 1996 shall remein in full force end effect. 2. Panlal Custody Schedula. In the event Mother relocates to the stete of Virginle during the summer of 1997, the pertles heve egreed to the following terms and conditions regarding the custody of their minor daughter, Chelsee Taylor Bowar: A. The pertles shell shere legel custody of their minor child. Mother shell have primery physical custody of the minor child subject to periods of pertlal custody with Father as follows: i. Baglnnlng during the firlit month in which Mothar moves to Virginia and each month theraafter, Father shall have the sacond full weekend from Friday p.m. to Sunday p.m. "during that month Fathar has a schedulad visitetion on a major holiday that is an extended weekend U.e. 1997 lebor Dey weekend or 199B Memorlel Day weekend) then the weekend for pertial custody thet month shall be switched to the holidey weekend and It shell begin on Friday p.m. to Monday p.m. or in the event the holiday falls on a Friday the weekend shall begin on Thursday p.m. to Sundey p.m. Also," the minor child hes a school holldey on e Mondey or e Friday, which Is adjecant to a scheduled waekend with Fathar, that waekend shall be extended to three (3) days to include the school holiday. II. The parties shall elternate the following major holidays: Eester, Memorlel Dey, Fourth of July, lebor Dey, end Thenksglvlng. Mother shell have the child on Easter In 1997, and the schedule shell alternete thereefter. When Thanksgiving is Father's holiday, It shall begin on Wednesday p.m. through Friday p.m. and the Fourth of Julv holiday shall begin on July 3 in the afternoon through to July 6 In the afternoon. III. The Christmas holldav will be broken Into two segments. In 1997, Father shall have the child from December 26 p.m. through to December 30,1997 01017B.00001IM.rch 21. lBB7/0WOIMH/B1320 p.m. and In 199B. Father shall have the minor child from December 23 p.m. through to December 2'1 p.m. This schadule for Father's Christmes visltetion will continue alternating eccordlng to these two segments from veer to yeer. Iv. Fether shall be entitled to three (31 two (21 week periods (totel of six (61 weeks) of uninterrupted vacation during the child's summer school vacation. There must be et least two (2) weeks with Mother between eech two (21 week segment with Father. This scheduie will go Into effect in 1998 unless Mother moves to Virginia before June 30. 1997, In which cese Father shall be entitled to five (5) weeks of summer vocation In 1997. In 1997 ,if Mother moves to Virginia alter June 30. 1997, Fether shell heve three (3) nonconsecutive weeks with the minor child. If Mother is residing in the eree during one of Fether's weeks in 1997, Mother shall be entitled to have visitation with the child on Monday end Wednesdey evenings after work until 9:00 p.m. unless Father Is out of town with the child. v. All travel will be to e confirmed trensfer point that represents the midway point from where they both live, provided seld transfer point is along Interstate Route 95 and no further south then Fraderlcksburg, Virginia. Eech perent shall be responslbla for meeting tha other parent at this hallwey point. Each parent will also give due considaration to tha othar's work schedula so as to confirm an agreed upon time that is raasonabla taking Into considaration tha travel time. 3. Disclosure. Mother and Father agree that when either is exercising periods of custody relating to the minor child, they shall at ell times act In e feshlon to further the best Interest and promote the welfara of the child, and shell provide the other with the eddress end/or name of hotel and/or telephone number where they cen be reeched if they ere away from their home overnight so that either parent cen be reached In the event of en emergency. 4. Consultation Prlvllenes. In addition to any provisions which may be contained herein ragardlng custody and visitation. tha parties shall hove the following rights with respect to the child: 6: U) -( c:: . . ,.. 0' , .~ ...'~ 1 , ~ <.I- I ~ .;. ft! :::i '" ';"0 ~r., .,' r-:! I: (: r<P') '(',l ""I. I -, ;~ ii!l' . . " r.' . '(I) ~. 11. '1.1. .~ . I, ,... ,j <;J U. ,.)