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HomeMy WebLinkAbout96-03411 i'i: 0' ,- '-..; -" UJ( ., .!.1" (.)<.' ~ ft:- - /;. '- <,5: \ ~j (:"1(1 ;." \ll-', ('-j \, , [.~ ~, ' 0" j' -,ri) -- .: ~ li- 1'- ,'" ,i c~ u , :".1 .. J. , .' . \ ' hi , I i \ I ": / i ~ M' Wr ~,\ I ~.f1 l'~ ., \ . . I~' '. :l ~ ' , . , ' ; " , I . ~ J:. , I / ,.., 6, a,) Plaintiff has participated as a pany or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, The Plaintiffhas filed a complaint seeking support concerning the custody of this child, The Court, tenn and number and its relationship to this action are: Cumberland County, 95 DR 24030, active, b,) Plaintiff has no information ora custody proceeding concerning the child pending in a court of this Commonwealth, c,) Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 7, The best interests and pennanent welfare of the child will be served best by granting the relief requested because: a), The Plaintiff has had physical and legal custody of the child since the child's birth; b), The Plaintiff provides thc child with a home with adequate moral, emotional and physical surroundings BS required to meet the child's needs; c), The Plaintiff is, and has always been, willing to accept custody of the child; d), The Plaintiff contimles to exercise parental duties and responsibilities and enjoys the love and affection of the child; e), The Plaintiff provides the child with a more stable and emotionally balanced home and home life than does the Defendant; f) The child has close familial bonds with his half-sisters, Crystal L. Fisher and Cathy L, Fisher, who reside with PlaintilT. 8, Each parcnt whose parental rights to the child havc not been tenninatcd and the pcrson who has physical custody of thc child have been named as parties to this action, There arc no other persons who are known to have or claim a right to custody or visitation of the child, .1 J f' .... p '" o I' \.., ;)0. -n ~ .. ..., ';1 ~ - .. ^ <:l '" u " l ~ " , " _. (') b,: j":: fJ , \5 u() '.; (":'l.' . ," ft:1 ~.t. .... :.:1 qi: '. co 'lJ) 0') ! ~~ u.'~ rt~l ! ." ;_Ii ,) 1'- \ u.. lJ~ \.0 ':"'j (.) l.."l U GLORIA J. FISHER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : v. . CIVIL ACTION - LAW . . . RALSTON r'lALKER, . NO. 96 - 3411 CIVIL TERM . Defendant . . : CIVIL ACTION - CUSTODY PRIOR JUDGE: HONORABLE KEVIN A. HESS CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The information pertaining to the child who is subject of this litigation is as follows: Antonio Walker, born July 11, 1990 2. A Conciliation Conference was held on September 26, 1996. Present were the Mother, Gloria J. Fisher, with her counsel Kathleen Keating, Esquire, and the Father, Ralston Walker, with his counsel Fred Huganir, Esquire. 3. The parties agreed to the entry of an order in the form as attached. 10111 f{; Date Hubert X. Gilroy, Esquire Custody Concili or [N THE COURT OF COtvtMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA GLORIA 1. FISHER, Plaintiff v, CIVIL ACTION - L.AW [N CUSTODY RALSTON WALKER, Defendant NO,96.3411 Civil Tenn COURT ORDER AND NOW, this :>' day of 7)<-...-'-'- , 199.L upon due consideration of the Custody Stipulation and Agreement entered into by the parties, it is hereby ordered as follows: 1. MOTHER and FATHER have shared legal custody of their child, ANTONIO, 2, MOTHER shall have primary physical custody of ANTONIO, 3. Commencing in 1997, FATHER shall have periods of partial physical custody of ANTONIO eve!}' other weekend beginning 8:00 a,m, Saturday through 5:00 p,m, Sunday, Dr as the parties may mutually agree, 4, Eve!}' summer, F ATHER shall have custody of ANTONIO for a period of two weeks, or as the parties may mutually agree, FATHER shall give MOTHER thirty (30) days written notice prior to the commencement date of his period of summer custody, MOTHER and FATHER anticipate an increase of FATHER'S summertime custody of ANTONIO beginning the summer of the year 2000. before which time the parties shall make a good faith effort to reach agreement. or the matter shall be submitted to the Court for an appropriate modification order pertaining thereto, 5, Notice of illness shall be provided to the noncustodial parent by 9:00 p,m, the night before custody is to begin if the illness is serious enough to warrant cancellation of a custodial visit. If the parents cannot agree whether the illness is so serious, the custodial parent shall obtain and provide a doctor's excuse to the effect that the visit should not take place, A make-up custodial visit shall take place on a weekend thereafter, " t'! , , i ' , l.. , , -- " I.,) 6, Holiday visitations shall be as set forth below or as the parties may mutually agree: a) The holidays of Easter, Memorial Day. and Labor Day shall be alternated between the parcnls each year, with MOTHER having Memorial Day in 1997 and in all odd years thereafter, and F ATHER having Easter and Labor Day in 1997 and in all odd years thereafter, In 1998 and in all even years thereafter, FATHER shall have Memorial Day, and MOTHER shall have Easter and Labor Day, These holiday hours shall be from 8:00 a,rn, the Saturday before the holiday until 5:00 p,m, the day of the holiday, regardless of the usual alternating weekend schedule, b) The Fourth of July shall be alternated between the parents each year, with MOTHER having the Fourth of July in 1997 and in all odd years thereafter, and FATHER having the Fourth of July in 1998 and in all even years thereafter, The holiday hours shall be from 8:00 am, on July 4th until 1:00 p,m, on July 5th, regardless of the usual alternating weekend or summer schedule, c) MOTHER shall have Thanksgiving in 1996, Thereafter, Thanksgiving shall be alternated between the parents each year, with MOTHER having Thanksgiving in 1997 and in all odd years thereafter, and FATHER having Thanksgiving in 1998 and in all even years thereafter, The holiday hours shall be from 8:00 a,m, through 8:00 p,m, the day of Thanksgiving, d) MOTHER shall have Christmas in 1996, Thereafter, the Christmas holiday shall be alternated between the parents each year, with MOTHER having Christmas Eve in 1997 and in all odd years thereafter and FATHER having Christmas Day in 1997 and in all odd years thereafter, FATHER shall have Christmas Eve in 1998 and in all even years thereafter and MOTHER shall have Christmas Day in 1998 and in all even years thereafter, The Christmas Eve holiday hours shall begin December 24 from 8:00 a,m" or two hour3 after the end of school, whichever is later. through 8:00 a,m, December 25, The 2 Christmas Day holiday hours shall begin at 8:00 a,m, through 8:00 a,m, December 26, The Christmas holiday schedule shall take priority over the usual alternating weekend schedule, e) The New Year's Day holiday shall be alternated between the parents each year, with FATHER having New Year's Day in 1997 and in all odd years thereafter, and MOTHER having New Year's Day in 1998 and in all even yrars thereafter, The holiday hours shall begin December 3 I, 1996 from 12:00 noon, or two hours after the end of school, whichever is later, to January I at 5:00 p,m, The New Year's Day holiday schedule shall take priority over the l!sual alternating weekend schedule, 7, Mother's Day and Father's Day visitations with ANTONIO shall take place as follows: a) MOTHER shall have ANTONIO on Mother's Day from 8:00 a,m, until 6:00 p,m" regardless of the usual alternating weekend schedule, b) FATHER shall have ANTONIO on Father's Day from 8:00 a,m, until 6:00 p,m" regardless of the usual alternating weekend schedule, 8, Each parent shall use the other parent, when the latter is available, for baby- sitting or daycare needs, 9, There sball be reasonable telephone access between ANTONIO and his parents. 10, Both parties acknowledge that it is in the best interest of ANTONIO to remain close to both parents and neither parent shall do anything which may estrange ANTONIO from the other parent or which may hamper the free and natural development of the child's love and affection for the other parent. 11. Each parent shall have the duty to notify the other of any emergency, Each parent shall provide the other with a current telephone number and address for contact, 12, Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include. but are not limited to, medical reports, academic and school report 3 TN THE COURT OF COMMON PLEAS OF CUMBERLhND COUNTY, PENNSYLVANIA GLORIA 1. FISHER, Plaintiff v, CIVIL ACTION - LAW IN CUSTODY RALSTON W PLKER, Defendant NO,96.3411 Civil Term CUSTODY AGREEMENT AND STIPULATION Gloria 1. Fisher (hereinafter referred to as "MOTHER") and Ralston Walker (hereinafter referred to as "FATHER" J, desiring to settle issues concerning custody of their child, Antonio Lynn Walker, born July II, 1990, (hereinafter referred to as "ANTONIO,") hereby stipulate and agree to the entry of the following as an Order of Court: I, MOTHER and F ATHER have shared legal custody of their child, ANTONIO, 2, MOTHER shall have primary physical custody of ANTONIO, 3, Commencing in 1997, FATHER shalI have periods of partial physical custody of ANTONIO every other weekend beginning 8:00 a,m, Saturday through 5:00 p,m, Sunday, or as the parties may mutually agree, 4, Every summer, FATHER shall have custody of ANTONIO for a period of two weeks, or as the parties may mutually agree, FATHER shall give MOTHER thirty (30) days written notice prior to the commencement date of his period of summer custody, MOTHER and FATHER anticipate an increase of FATIIER'S summertime custody of ANTONIO beginning the summer of the year 2000, before which time the parties shall make a good faith effort to reach agreement. or the matter shalI be submitted to the Court for an appropriate modification order pertaining thereto, 5, Notice of illness shall be provided 10 the noncustodial parent by 9:00 p,m, the night before custody is to begin if the illness is serious enough to warrant cancellation of a custodial visit. If the parents cannot agree whether the illness is so serious, the custodial parent shall obtain and provide a doctor's excuse to the effect that the visit should not take place, A make-up custodial visit shall take place on a weekend thereafter, 6, Holiday visitations shall be BS set forth below or as the parties may mutually agree: a) The holidays of Easter, Memorial Day, and Labor Day shall be alternated between the parents each year, with MOTHER having Memorial Day in 1997 and in all odd years thereafter, and F ATHER having Easter and Labor Day in 1997 and in all odd years thereafter, In 1998 and in all even years thereafter, F ATHER shall have Memorial Day, and MOTHER shall have Easter and Labor Day, These holiday hours shall be from 8:00 a,m, the Saturday before the holiday until 5:00 p,m, the day of the holiday, regardless of the usual alternating weekend schedule, b) The Fourth of July shall be alternated between the parents each year, with MOTHER having the Fourth of July in 1997 and in all odd years thereafter, and FATHER having the Fourth of July in 1998 and in all even years thereafter, The holiday hours shall be from 8:00 am, on July 4th until 1 :00 p,m, on July 5th, regardless of the usual alternating weekend or summer schedule, c) MOTHER shall have Thanksgiving in 1996, Thereafter, Thanksgiving shall be alternated between the parents each year, with MOTHER having Thanksgiving in 1997 and in all odd years thereafter, and F ATHER having Thanksgiving in 1998 and in all even years thereafter, The holiday hours shall be from 8:00 a,m, through 8:00 p,m, the day of Thanksgiving, d) MOTHER shall have Christmas in 1996, Thereafter, the Christmas holiday shall be alternated between the parents each year, with MOTHER having Christmas Eve in 1997 and in all odd years thereafter and F ATHER having Christmas Day in 1997 and in all odd years thereafter, F ATHER shall have 2 Christmas Eve in 1998 and in all even years thereafter and MOTHER shall have Christmas Day in 1998 and in all even years thereafter, The Christmas Eve holiday hours shall begin December 24 from 8:00 a,m" or two hours after the end of school. whichever is later, through 8,00 a,m, December 25, The Christmas Day holiday hour~ shall begin at 8:00 a,m, through 8:00 a,m, December 26, The Christmas holiday schedule shall take priority over the usual alternating weekend schedule, e) The New Year's Day holiday shall be alternated between the parents each year, with FATHER having New Year's Day in 1997 and in all odd years thereafter, and MOTHER having New Year's Day in 1998 and in all even years thereafter, The holiday hours shall begin December 31, 1996 from 12:00 noon, or two hours after the end of school. whichever is later. to January I at 5:00 p,m, The New Year's Day holiday schedule shall take priority over the usual alternating weekend schedule, 7, Mother's Day and Father's Day visitations with ANTONIO shall take place as foUows: a) MOTHER shall have ANTONIO on Mother's Day from 8:00 a,m, until 6:00 p,m" regardless of the usual alternating weekend schedule, b) FATHER shall have ANTONIO on Father's Day from 8:00 a,m, until 6:00 p,m" regardless of the usual alternating weekend schedule, 8. Each parent shall use the other parent, when the latter is available, for baby- sitting or daycare needs, 9, There shall be reasonable telephone access between ANTONIO and his parents, 10, Both panies acknowledge that it is in the best interest of ANTONIO to remain close to both parents and neither parent shall do anything which may estrange ANTONIO from the other parent or which may hamper the free and natural development of the child's love and affection for the other parent. II. Each parent shall have the duty to notifY the other of any emergency, Each 3 parent shall provide the other with a current telephone number and address for contact, 12, Each parent shall be entitled to complete and full infonnation from any doctor, dentis(, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports. academic and school report cards. birth certificates, and the like, Both parents' names shall be listed as ANTONIO'S parents with his school. 13, The parties shall confer with each other on all important matters pertaining to ANTONIO'S health, welfare, education and maintenance, with a view toward obtaining and following a harmonious policy in the child's best interests and shall keep Ulch other infonned of tile progress of the child's health, education and social adjustment. 14, Both parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall continue to have jurisdiction over the child who is the subject of this Agreement and Court Order until further Order of Court, IS, The parties hereto both acknowledge that prior to the execution of this Agreement each was given the opportunity to consult \vith and be represented and advised by separate and independent legal counsel and that this Agreement has been entered into knowingly and understandingly, IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have executed this Custody Agreement and Stipulation on the date(s) indicated below, '* t.. / atWeen D, Keating, Es " Witness il ~~ ].aLr- Gloria 1. Fish \1,\3\0.0 Date /: ( , I .. A) I Ir . 'I, . -").., 'I"". / IlUfhl.l (uk,)..- ( /I;" 1,/,..- Ralston Walker ' Date , Witness 4 , . '~J ~ { L: , III < C'-~ ( , , rOo I' (,.: (' ,'J Cj: I I. i.~.' , -- ( ) I I C. Il. . '-; c ,