HomeMy WebLinkAbout96-03429
Memorial Day weekend.
vi. Mother shall have custody of the child every year over the three-day Labor
Day weekend.
vii. During the months in which Mother does not othelWise have a cllstodial
period with Tyler as provided for in the preceding subparagraphs, Mother
shall have a monthly weekend period of custody with the child. The parties
will attempt to schedule these additional weekends so as to coincide with
three-day weekends such as Columbus Day, Presidents' Day, Martin Luther
King, Jr.'s Birthday, or school in-service day. The parties will schedule
these days in September of each year or as soon as the school calendar is
available.
d. Mother shall have the right to have custody of Tyler on additional times when she
may be in the Harrisburg area providing that she gives Father one week notice of her
plans.
e. The parties agree to further discuss transportation of the minor child after a custody
schedule for Tyler's sister, Emily, is established. It is the parties' desire to work
with Emily's father to ease the transportation responsibility for all involved.
f. Mother shall have liberal telephone contact with the child at reasonable times.
g. Each party shall promptly notify the other party of any changes to his or her address
or telephone number.
h. Father agrees to provide Mother with video tapes or pictures of special events in the
child's life for which she cannot attend, such as school plays, birthday parties, etc.
i. Father recognizes that the minor child has a sister who resides at times in the
Cumberland County area. Father agrees to make time for the minor child to be with
his sister when both children are in the Cumberland County area.
j. Both parents shall refrain from making derogatory comments about the other parent
in the presence of the child and to the extent possible shall prevent third parties from
making such comments in the presence ofthe child.
The Plaintiff and Defendant do verify that they stipulate as set forth above and that the
statements herein are true and correct to the best oftheir knowledge and information and belief. Plaintiff
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5, For the Summer of 1997 and all following summers. Father will have partial custody of
Tyler for two consecutive weeks during each of the months of June. July and August for a total of
six weeks, The 1W0 week periods shall be chosen by agreement between the parties no later than
May I of each year,
6. Each party shall have the right to have Tyler for two nonconsecutive weeks during the
remainder of the year, Each party must give the other at least two weeks notice of when they intend
to exercise their week of custody,
7, The partks shall continue to alternate the following major holidays: New Year's Day.
Easter, Memorial Day, Fourth of July, Labor Day, and H"llowcen, (n odd numbered ye"rs. Mother
snail have New Year's Day. Fourth of July and Halloween "nd F"ther shall have Easter. Memori"l
Day and Labor Day, In even numbered ye"rs. Mother shall have Easter. Mcmorial Day and Labor
Day and father shall have New Year's Day, Fourth of July and Halloween,
8, The Thanksgiving holiday will be alternated on an annual basis with Father having
custody of Tyler for Thanksgiving Day in odd numbered years and Mother having custody ofTyler
for Thanksgiving Day in even numbered years,
9, The Christmas holiday shall be divided into two segments, Segment A shall be December
24 at 12:00 noon through December 25 at 12:00 noon, Segment B shall be December 25 at 12:00
noon through December 27 at 8:00 p,m. In even nwnbered years, Mother shall have custody ofTyler
during Segment A and Father during Segment B, In odd numbered years. Father shall have custody
of Tyler during Segment A and Mother during Segment B,
10, Mother shall have Tyler on Mother's Day and Father shall have Tyler on Father's Day,
11. The parties will have the right to have Tyler on his birthday, August 24, on an altemating
basis, with Father having Tyler in even nwnbered years and Mother having Tyler in odd numbered
years,
12, Each party shall have the right to have custody of Tyler on his or her birthday, with
Mother having custody of Tyler on March 30 and Father having custody of Tyler on January 23,
13. Neither party shall have Tyler away from his nor her residence overnight during custodial
periods without advising the other party of his or her location.
14. The holiday schedule shall take precedence over the regular custody schedule.
15, Mother shall reimburse Father for one-half of the day care costs which he incurs for
Tyler in order to allow Father to work.
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JUL J (l iWb~
STEPHEN C" BERG.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, q" <3'+~9 CII'/L. T€RI1
BRIDGET A, BERG.
Defendant
CIVIL ACTION - LAW
IN DIVORCE
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STIPULATION FOR ENTRY OF CUSTODY ORDER S r_l~8
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AND NOW, this /.lifh day of June , 1996, comes th~ Pl~intiff, ~ti:Pheq;~1
C. Berg, of Raleigh, NC Bridget, hereinafter referrcd to as "Father" and the Defendant; BriQget Ai
B~rg, of Carlisle, Curnberland County, P A , herein an~r ref~rred to as "Moth~r" whostiptllate as
follows:
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WITNESSETH:
WHEREAS, the parties are the parents of one minor child, Tyler S, Berg, bom August 24,
1991; and
WHEREAS, an Order of Court dated September 8, 1994 was entered in Dauphin County
at docket numb~r l764-S- 1993 concerning the custody of Tyler; and
WHEREAS, both parties have relocated since the entry of th~ last custody order in that
Father has recently relocated to North Carolina and Mother has rclocated to Cumberland County;
and
WHEREAS, the parties wish to enter an agreed order which replaces the Order of September
8,1994.
NOW, THEREFORE, the parties hcreto intending to be legally bound hereby agree as
follows:
l. Mother shall have sole legal custody ofTyler as such is d~lined by 23 Pa.C,S,A,~ 530 I
~,llij. This provision is agreed to by the parties with the understanding that Mother would consult
with Father prior to making any changes in Tyler's day care arrangements and with the
understanding that Father would receive a reduction of $17,00 per week on his current Support
Order, Despite Mother having sole legal custody of Tyler, Father shall have the right to access
Tyler's school records, teachers, and school personnel, and to his mcdical records and to all medical
individuals and providers of m~dical service relatcd to Tyler,
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2, Primary physical custody of Tyler shall be with Mother,
3, During the school year. Father shall have partial physical custody ofTyler on altemating
weekends from Friday at 6:30 p,m, through Sunday at 6:30 p,m, Mother shall drop Tyler off on
altemating Fridays at the home of Mr, and Mrs, Grcgory Goodman or any other such local address
as Father rr.ight designate. Father shilll bc rcsponsible for returning Tyler to Mother on Sunday
evening,
4, For the Summer of 1996, Father shall have Tyler for the following periods:
A, June 23 through June 30;
B, July 14 through July 28;
C. August 4 through August 18,
5, For the Summer of 1997 and all following summcrs. Father will havc partial custody of
Tyler for two consecutive weeks during each of the months of June, July and August for a total of
six weeks, The two week periods shall be chosen by agrcement between the parties no later than
May I of each year,
6, Each party shall have the right to havc Tyler for two nonconsecutive weeks during the
remainder of the year, Each party must give the other at least two weeks notice of when they intend
to exercise their week of custody,
7, The parties shall continue to altematc the following major holidays: New Year's Day,
Easter, Memorial Day, Fourth of July, Labor Day, and Hallowecn. In odd numbered years, Mother
shall have New Year's Day, Fourth of July and Halloween and Father shall have Easter, Memorial
Day and Labor Day, In even numbered years, Mother shall have Easter, Memorial Day and Labor
Day and father shall have New Year's Day, Fourth of July and Halloween.
8. The Thanksgiving holiday will be altemated on an annual basis with Father having
custody ofTyler for Thanksgiving Day in odd numbered years and Mother having custody ofTyler
for Thanksgiving Day in even numbcred years.
9, The Christmas holiday shall bedividcd into two segments. Segment A shall be December
24 at 12:00 noon through December 25 at 12:00 noon, Segment B shall be December 25 at 12:00
noon through December 27 at 8:00 p,m, In even numbered years, Mother shall have custody of Tyler
during Segment A and Father during Segmcnt B, In odd numbered years, Father shall have custody
of Tyler during Segment A and Mother during Segment B,
10, Mothcr shall have Tyler on Mother's Day and Fathcr shall have Tyler on Father's Day.
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3, The parent that does not have primary custody of Tyler shall have the right to have
Tyler on the Thursday night following the exchangc of custody, That parent shall have Tyler
from atler school or daycare through Thursday evening and will return Tyler to school or daycare
on the following Friday morning,
4, The Thanksgiving holiday will bc alternated on an annual basis with Father having
custody of Tyler for Thanksgiving Day in cvcn numbered years and Mother having custody of
Tyler for Thanksgiving Day in odd numbered years.
5. The Christmas holiday shall be divided into two segmcnts. Segment A shall be
Deccmber 18 through Deccmber 26 at 12:00 noon, Segmcnt 13 shall bc Deccmber 26 at 12:00
noon through New Year's Day. In even numbered years, Mother shall have custody of Tyler
during Segment A and Father during Segment B. In odd numbered years, Father shall have
custody of Tyler during Segment A and Mother during Segment 13.
6. Mother shall have Tyler on Mother's Day and Father shall have Tyler on Father's
Day.
7. The parties will have the right to have Tyler on his birthday, August 24, on an
altemating basis, with Father having Tyler in even numbered years and Mother having Tyler in
odd numbered years.
8. Each party shall have the right to have custody ofTyler for the purposes of celebrating
lamily birthdays. Specifically, Tylcr will be permitted to attend thc birthday partics for cach of
the parents, his parents' spouses, or any stcpbrothers or stepsisters.
9. Neither party shall have Tyler away from his or hcr rcsidence overnight during
custodial periods without advising thc other party of his or hcr location,
follows:
I, Mother and Father shall have joint legal custody of Tyler as such as defined by 23 Pa,
C.S,A. ~5301 et. seq.
2. The parties will have shared physical custody of Tyler. Each party shall have Tyler for
a period of two weeks, commencing on Friday evcning at 5:30 p,m. for a pcriod of fourtelln (14)
consecutive days until 5:30 p,m. on that Friday, The altemating two week schedulc shall begin with
Father having Tyler on Friday, September 4, 1998. The alternating two week schedule will remain
in effect throughout the entirc year.
3. The parent that does not have primary custody of Tyler shall havc the right to havc Tyler
on the Thursday night following the exchange of custody. That parent shall have Tyler from after
school or daycare through Thursday evening and will retum Tyler to school or daycare on the
following Friday morning.
4. The Thanksgiving holiday will be altemated on an annual basis with Father having
custody of Tyler for Thanksgiving Day in even numbered years and Mother having custody of Tyler
for Thanksgiving Day in odd numbered years.
5. The Christmas holiday shall be divided into two segments. Segment A shall be December
18 through December 26 at 12:00 noon. Segment B shall be December 26 at 12:00 noon through
New Year's Day. In even numbered years, Mother shall have custody of Tyler during Segment A
and Father during Segment B. In odd numbered years, Father shall have custody of Tyler during
Segment A and Mother during Segment B.
6, Mother shall have Tyler on Mother's Day and Father shall havc Tyler on Father's Day.
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Tyler has been with thc Petitioncr on a continuous basis sincc Thanksgiving, with the exception of
a Christmas visit.
5. Sometimc in mid.Decembcr, Pctitioncr Icamed that Respondent was undcrgoing
outpatient treatment for a scvere dcpression, Respondent permitted the Pctitioner to spcak directly
with her cowlselor at Capital Psychological Associates, That counselor infomlcd Petitioner that she
bclieved Tyler should stay with Petitioncr until Respondent made somc further progrcss in hcr
treatment.
6. On or about January 16. 1999, Respondent called Pctitioner and informed him that she
intended to move to Ionia, Michigan and that she intended to take Tyler with her.
7. On or about January 19, 1999, Tyler informed Pctitioner that Respondent was intending
to relocate with him to Michigan,
8, Since the parties' separation in March of 1993, Pctitioner has had custody of Tyler on at
least an altemating weekend basis. Commencing with thc summer of 1996, Petitioner has had
primary custody of Tyler for the majority ofthc summer each year.
9. Petitioner has a consistent and positive relationship with Tyler, which relationship would
be irreparably harmed by the move contemplated by Respondent.
10, The contemplated relocation will be contrary to Tyler's bcst interests and will seriously
impair Petitioner's ability to continue to be an active parent for his son,
II. Petitioner does not believe that Respondent's basis for the relocation is valid.
12. Under Plowman v, Plowman, 4091'a, Super 143, 597 A,2d. 80 I, 1991. Prior to removal
of a child from this jurisdiction, the Court must hold an cvidcntiary hearing on the proposed
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" rhe parent that does not have primary ~ustodv llf Tyler shall have the right to have
ryler on lhe nlUrsday night followll1g the exchange llf .;ustody, rhat parent shall have Tyler
I'rom i1lter SellOO! I)r da~~are lhrou\!h rhursda\ ';lcn1\1\! ,1\111 "III l'etul1l 1\ler to s~hool or daycare
"n the follllwll1\! Fnda" 111llnlll1\!,
-l, The rhanksglving holiday will he alternated lln an annual basis with Father having
~ustody Ilf Tyler l(lr l'lHmksgll'ln\! Dal 111 ~\'en nU1\1berel1 years al1d :'vlolher haling ~ustody of
ryler tor rhanksgiving Day in Illld numbered years,
:, rhe Christmas holiday shall be divided into two segments, Segment A shall be
De~ember I S through De~ember 26 at 12;()1J 1100I1,~e'41\1ent 13 shall be December 26 at 12:00
noon through New Year's Day. In even numbered years. :'vlothcr shall have ~ustody of Tyler
Juring Segment A and Father during Segment 13, In odd numbered years. Father shall have
.;ustody of Tyler during Segment A and ;\lother during Segment 13,
0, :'vlother shall have ryler on Mother's Day and Father slmll have l\ler on Father's
Day,
~, The parties will have the right to have ryler on his birthday. August2-l. on an
alternating basis. lIith Falher having ryler in even numbered years and Mother having Tyler in
lldd numbered years,
S, Each party shall have the rig.ht to have .;ustouy of Tyler for the purposes of ~elebrating
t;lInily birthdays, Spedlkally. l'y ler \\Ill be pellnilled to ,mend the birthday, pilnies lor e'l~h of
:he parellls, his parents' spouses. "1' any stepbrothers or stepsisters,
II, \eilher party shall hale ryler alla\ fl'o1\1his or her I'esid~n~e llvernlght during
~ustodial penods "nhout adllsing tile ,nher pany of his I)r her I".;allon,
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rhe parent Ihat does not ha\'e pnmary ~ustodv of Tyler shall have the right to have
l'yler on the rhursday ni~ht tollowlll~ the ~xchanl!e of .:ustody, rhat parent shall have Tyler
from att~r S':llOOI or dil\'care lhroul!n Ihursllay c\cnnu! ,Illd \\111 retum 1\ ler to school or dayc;ue
,In the lilllll\\lllu Frida\' mOn1lnl!,
-l, rhe rhanksglving holiJa\ 11111 he alternated ,In an alllluill hasis wllh Father having
~ustody of T, ler 1I1r rhanksUI\lnU 1i,11 III C\ ~n 1ll1l11I)~relt I ~ars i1nd :'oJ,Hher ha\'llll? custody of
r, ler lor rhanksl!ivlllg Day In olld nUllloered \ ears,
:, rile Christmas holiday slmll be divided into two segments, Segment A shall be
f)ecemb~r I S through Dec~mb~r 211 at ! 2:00 nuon, Se!,!ment [3 shall be Del;ember 26 at 12:00
noon through \ew Year's Day, In even numbered years, :'olother shall have .:ustody of Tyler
Juring Segment;\ and Father during Segment [3, In odd numbered years. Father shall have
custody of Tyler during Segment;\ and :'olother during Segment 13,
0, :'olotber shall have Tykr on ~Iother's Day and Father shall have Tyler on Father's
Day,
~, The parties will have the right to have Tyler on his birthday. August 24. 1m an
alt~milting basis. with Father having l'yler in ~\'en numbered years and Mother having Tyler in
odd numbered years,
S, Each pany shall have the right to have custody of Tyler lor the purposes of celebrating
family birthday s, Spedli.:ally. 1', Ier \\ ill bc perllllllcd to allend the birthday parti~s tor each of
:he par~nts, his par~nts' spouses. or any stephrothers llr stcpsisters,
I), :'-:dthcr party shall hilvc 1', ler away from his 'lr her residence overnight during
~ustodial penods l\lIhoUI ad\'isin!! th~ othcr Darty ,'I hi, or her locallon,
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STEPHEN C. BERG,
PlaintifT
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, I'ENNSYL VANIA
v.
CIVIL ACTION . LAW
BRIDGET A, JOHNS
(formerly BRIDGET A.
BERG),
Defendant
NO, 96.3429 CIVIL TERM
AND NOW, this
ORDER OF COURT
f'} tLday of May, 1999, upon relation of Jan Terpening, paralegal
for Legal Services, Inc., that she was present at the custody conciliation conference held on
March 25,1999, before Michael L. Bangs, Custody Conciliator, and that Legal Services, Inc.
will be representing Defendant at the custody hearing scheduled before the undersigned
judge on August 12, 1999, these matters are hereby noted for the record.
BY THE COURT,
Jennifer L. Lehman, Esq.
27 S. Arlene Street
Harrisburg, PA 17112
Attorney for PlaintifT
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Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
Attorney for Delendant
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first and primary reason is that the Mother intends to relocate to
Michigan and he does not believe that it is in the best interest of
the child to relocate to Michigan with Mother in that the parties
have been working on a shared arrangement and that this will result
in him being deprived of regular and consistent contact with the
chiid. Separate and apart from the move, Father suggests that it
is appropriate for him to have primary custody because of Mother's
current instability. Father su')gests that Moltlflr has had some
significant upheaval in her life over the last several months which
include her breakup of her current marriage and resulting
involvement in extended therapy as a result of the issues related
to the breakup. Father note:; t.hat dur.ing the upheaval" Mother
asked Father to assist her since apparently Mother's breakup with
her spouse was related to allegations of abuse. Father related to
the conciliator that the child is SUffering greatly as a result of
this upheavai and is acting out and having some identity questions
that he has observed, but also been raised by the school,
Father is remarried and expecting their first child,
6. The Defendant's position on custody is as follows: Mother
intends to relocate to Michigan. She indicated at the conciliation
that she has decided to move to Michigan because she has a large
extended family there and she believes that a resulting environment
will be more conducive to raising her son. Mother also has a 21
month old daughter from her current marriage. As indicated, this
marriage broke up just recently and Mother had some mental health
issues to deal with as a result of the breakup, The Mother
currently has a protection from abuse order against her current
husband,
7. Need for separate counsol to reprmwnt chi Id:
Neither
party requested.
8, Need for Independent psychological evaluation or
counseling: None requested and the Conciliator does not believe
any is necessary,
9. A hearing in this matter will take one (1) day,
10. Other conunents: This is a relocation issue first and
foremost, but has underlining issues reiated to the Father's
allegations that Mother is unstable at the current time and that
the current arrangement should not be maintained in any event. The
history of the case is that the parties were separated in 1993.
Mother had primary physical custody of the child which gradually
increased with Father to the point that in July of 1998, the
parties were having a two week on and two week off shared
arrangement. This was memorialized in the October 28, 1998 Order.
During Mother's upheaval around Thanksgiving, Father had the child
a little more th,m the existing Order while the upheaval with
Mother's marriage was resolved.
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