HomeMy WebLinkAbout96-03638
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5. The relationship of Defendant to the children is that of
mother. Defendant currently resides with the following persons I
Ifa..
R.lation.hip
Daughter
Boyfriend
Andrea Metz
Wade O. Kemp
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 court or any other court.
7. Plaintiff does not know of a person not a party to the
proceodings who has physical custody of the children or who claims
to have custody or visitation rights with respect to the children.
8. The best interest and permanent welfare of the children
will be served by g~anting the relief request because:
a. The children have requested their father, the Plaintiff,
to make arrangements to allow them to have more contact with him
and be able to reside at his home for an extended period of time
during the summers.
b. The Plaintiff has maintained a good relationship with
both of the ch ildren that are subject to this action since the
separation and divorce from the Defendant, and Plaintiff desires
to continue to foster and enrich that relationship by allowing the
children to reside with him for extended periods during their
summer vacation so that they can come to know bettel' their step-
siblings who reside with the Plaintiff.
c. Defendant haa been unwilling to commit to a custody
order which provides for an extended period of summer visitation
with Plaintiff, against the wishes of the children.
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9. Each parent whose parental rights to the children have
not been terminated and the person who has physical custody of the
children has been named as parties to this action.
WHEREFORE, the Plaintiff requests that this Honorable Court
enter an order granting partial custody of the children to
Plaintiff, Harold A. Metz, Jr..
Oatel ~, 1996
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TRAVIS L. KE~OAL ~ ESQUIRE
216 ~orth Second Street
MoConnellsburg, PA 17233
I.O. # 51899
Attorney for Plaintiff
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Travis L. Kendal
216 N^"0h'ri'y At IJlW 1
orl Se d
McConnell.b con Street
._~g, PA 17233
(717) 48544'22
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JlIL (, ~ 1996
IN THI~ COURT OF COMMON PLEAS OF TIlE filII JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUN'IY
HAROLD A, METZ. JR.
Plnlntll'f
No, B6-:i63H
v,
LISA J, METZ. now
L1SAJ. KEMP
Def('ndant
CUSTODY
ORDER OF COURT
AND NOW, -<1.",,~ ~ L-_. 19n6, upon consldemtlon of the
wllhln Stipulation and A!-(reement, IT IS llErmBY ORDERED us follows:
1. PJimHl)' physical cllstody of the parties' chlldren--Hnrold A. Met1..
III. born, October 16, HJ85. and Courtney (<;, Melz, born May 7, LH87--shall be
with Mother, Father shall have partlal custody prlvlle!-(eH with the said
children us follows:
A, Every other weel<end hen'after from Friday ufter school (4:00 p,m.
on days when school Is not In session) at the home of the children's babysitter
until Sunday at 6:00 p,l1),
B. On the following maioI' holidays:
(1) Memorial Day weekend--In the event that Memorial Day weekend
falls on Father's regularly schedukd weekend. Father's partlal custody shall be
extended until Monduy at 6:00 p,m. In tlH: event that Memorial Day weekend
does not fall on Father's n>!-(ularly scheduled weekend, Father shall be
permitted to extend one of his weekend partial custody periods In June of that
year unll1 Monday at 6:00 p,m. by giving Mother notice of his election on or by
May 15. and shall be scheduled with deference only to the children's baseball
and soccer schedules,
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Mct7- v. Mel7-, No, HG<16~IH
(21 LlIbor DlIY Wl'l'kclld--In 1Ill" evcnt Ihnl Lnbol' DlIY wed<elld falls 011
FIII!WI"S regulllrly lidwdulcd Wl'I'lwl\ll. FlIllwr'!! Illu'lInl l'u!!lody shall be
extended until MOlldllY al 6:00 P,I1I, III Ihl' CV.'lIt thlll l.nbor Day weelwlld doe!!
1101 fall 011 FlIther'!! n'f.!.ulllrly lidll'dllled wl'l'lu'IHI, Fntl1l'r lihnll Ill' 1ll'l1llllled 10
extend one of his wl'el<1'1\l1 pllrllal custody Jll'rIOlh; III AUf.!.ust of that Yl'nr ulltll
Monduy at 6:00 P,I1I, by glvlllg Mother 110111'1' of his dl'clloll 011 or by July 15,
IIl1d shall he SdH'dllled wllh dell'n'llce only to the cblldrell'!! basel mil und
soccer schedules.
(3) Thnlll<s(.(lvlllg Dayuoll odd 1l11IllI11'red years 1'1'0111 Thalll<sglvlng Ouy
ul 3:00 P,I11. Ullltl the following SUllday ut 6:00 p,I1I.; alld, on even numbered
years fro III 4:00 p,m. the day before Thanl<sglvlllg until ~3:00 p,m, on
Thanksgiving Day.
(41 Christmas/New YearuFuther Hhall have custody from Chrlstmus
Day at 3:00 p.l11, ullltl 6:00 P,I11, 011 the HCCOIllI day prior to the children's
return to school at the end of the Christmas/New Year Hollday,
C, FailleI' shall have three (3) weeks of partial custody during the
children's summer vacation, no more thun two of which shall be consecutive,
Futher shall notl(y Mother by May 15 of each year of which weeks he Intends to
exercise custody, which shall be scheduled wllh deference ollly to the children's
baseball and soccer i':ichedules,
0, Other such partial custody perIods as the parties shall hereafter
ugree upon with due deference and respect for the children's best Interest,
welfare and schedules, Further, the tlllIes i':iet forth herein may be modified as
ugreed mutually by the parties In advance.
2
Ml'tl'. v. Mctl'.. No, !J6<16:.1l:l
E. Ilollday and Sllllllller parllal custody shall haw precedence OWl'
reAular weekend custody Sdll'dull's,
2, LeAal custody of llll' Imld chlldn'lI shall be shm'l'd between the
parlles, Both parlles agrel' to parlll'lpatl' In maldng maJor dl'l'lslons about the
chlldn'n's hcalth, educallon and wl'lliln', III Ihl' l'IIse of a life Ihn'atl'lIll1g
sltuallon, l'aeh Jlan'nt has the authority to ad 1'01' III<' chlldrl'lI's IWllent as
though Ill' or sll<' has till' sole declsloll mailing roll', Elich parl'lIt Is to share
with the other complell' IlIfonllallon from any doctor, dl'lItlst, psychologist. or
other health carl' provider attending the children (ill' allY reasoll whatsoever,
and to have copies of reports given to the otlwr parent. Each parent will
provided the other with complete IlIli>nllatlon from any school or teacher,
~~, Each party shall encourage and promote a positive parent/child
relationship with the other party and shall malte no negallw or disparaging
statement about the other party In the presence of the ehlldren,
4. Mother shall provide Father with copies of the children's baseball
and soccer schedules. and any changes thereto. each season within one week of
receiving same.
5. The rather shall provide all transportallon for the exchange of
custody.
6, Costs of this proceeding shalllw paid by the Plaintiff,
By the Court: /
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IN THE COURT OF COMMON PLEAS OF TIlE 9th JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
HAROLD A, METZ, JR.
Plaintiff
No. 96-3638
v.
LISA J. METZ, now
LISA J. KEMP
Deltmdant
CUSTODY
STIPULATION AND AGREEMENT
This Stipulation and Agreement Is made ~mll )( f . .~ I) . 1996, by
and between Harold A. Melz. Jr" Fulton County. and Lisa J, Metz, now Lisa J,
Kemp. Cumberland County, Pennsylvania,
WHEREAS. Harold A. Metz, Jr. flied a complaint for custody docl<eted to
the above caption on or about July I. 199(3; and
WHEREAS, the parties have rcached un agreement with regard to the
custody of their children und desire to reduce their agrccmentto an Order of
Court.
NOW THEREFORE. the parties hereto, Intending to be legally bound
hereby and waiving thetr right to be present when this agreement and Order are
presented. hereby stipulate and agrec that the court may enter the following
Order of Court In the above captioned case:
ORDER OF COURT
AND NOW, ____________________. 1996. upon consideration of
the within Stipulation and Agreement, IT IS HEREBY ORDERED us follows:
I. Primary physical custody of the parties' children--Hurold A.
Metz. Ill. horn, October 16, 1985. and Courtney E, Metz, horn May 7, 1987-
-shull be with Mother. Father shall have partial custody privileges with
the suid children as follows:
A, Every other weekclllJ hereafler frum FriJuy ufler school (4 :00
p,m, on duys when school is not in session) ul the :Iollle of the chllJren's
buhysitter until SunJay lit (1:00 p.lII,
B. On the following major Iwliduys:
(I) Memoriul Day weekenJ--in the event thut Memoriul Day
weekend falls on Father's rcgularly scheouled weekend, Father's partial
custody shall be extended lIalil Monday ut 6:00 p.lII, In the event t hat
MenlOrial DlIY wel~kend docs not rull llll Futher's regularly scheduled
weekend, Falher shall be permilled Il) eXlend one or his weekend partial
custody periods in June or thut year until Moaday at 6:00 p,m, hy giving
Mother nOlice or his electiun un ur hy May 15, and shull be scheJuled with
dererence unly tu the children's haseball and soccer schedules.
(2) Lahul' Day wcekend--in the event that Luhor Day weekend rails
on Father's regularly scheduleo weekend, Father's punial custody shall be
eXlended until Monday al 6:00 p.m. In thl' evenl that Labor Day weekend
docs not fall lln Father's rl'gularly sclll'duled weekend, Father shull he
permittl'd to l'xll'nd ulle or his weekelld panial custody pl'rioos in August
or that year unlil MUllday at 6:00 p,m, hy givillg MOlher notke or his
election Oil or hy July 15. and shall he schedull'd with dererence only to
the childrl'n's hasl'hall ano soccer schedules.
(.~) Thanksgiving Day--olI odd nlJmbereo years from Thanksgiving
Day at 3:00 p.lll. unti I the rollowing Sunday at 6:0(} p.I11,; and, on eve n
nUlllbereJ years from 4:()() p,m. the day before Thanksgiving until 3:00
p,m, on Thunksgiving Day,
(4) ChristlllasiNew Year..Father shall have custody rrom
Christmas Day at 3:00 p.m. until 6:00 P,I11. on the secund oay prior to the
children's return to school 1Il the end or thl' Christmas/New Year Holiday,
C Father shall have three (3) wl'eks of panial eustoJy during the
children's sumlller vacatiun, no Illurl' than two of which shall be
cunsecuti ve, Father shall noti fy Mother by May 15 or each year of w h Ie h
weeks he intends to exercise custody, which shall he scheduleJ wit h
deference only to the children's haseball and soccer sl~hedules.
D. Other such partial custlldy periods as the panies shall hereafler
ugree upon with due Jeference and respect for the children's best interest,
welfare and schcdules, Fllrther. the times set fonh herein may be
Illodil'ied as agreed nllllllally by thl~ panics in advance.
E. Holiday and sunlmer panial custody shall have precedence
over regular weekend custmly schedules.
2, I.egal custody or the said children shall he shared hetween the
punies. Both panks agree to punkipate in muking lIIajor decisions ahout
the children's health. educalion and welrare, In the case of a life
threutening situatioll, each parent ha~1 the authority to act for the
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childrcn's bcncfil us though hc 01' shc hus Ihc solc dccislon muking rolc,
Euch purcnl is 10 shurc with thc olhcr completc infol'lllulion from un y
doctor, dcntist, psychologist, 01' othcr hCllllh curc providcr ultcnding I h c
childrcn 1'01' uny rcason whalsocvcr, and 10 havc I:opics of rcpOrlS glvcn 10
Ihc olhcr parcnl. Each purcnl will providcd Ihc othcr with cOlllplclC
inforlllation from uny school or tcachcr.
3, Eadl parly shall cnclllll'llgc and promolc a posili vc parc n tic h i I d
rclationship with Ihc othcr pUrly and shnll llIakc no ncgativc 01'
dispuraging statcmcnl al1llut Ihc olhcr parly in Ihc prcscncc of I h c
dlildrcn,
4, MOlhcr shall providc Falhcr with I:opics of thc childrcn's
haschall and socccr schcdulcs, and any chungcs thcrclo, cuch scuson wi I h In
onc wcck of rccciving salllC,
5, The Futhcr shull providc ull II'unsporlalion 1'01' thc cXl:hungc of
custody.
6. COSls of this procccding shull bc puid by Ihc Plainliff.
By Ihc COllrt:
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The parties further agree thulln procuring this agrcemcnl there has been
no fraud, concealment, overreaching, coercion, or other unfair dealing on the
part of either party.
IN WITNESS WHEREOF, the parties, Intending to be bound by the terms
and conditions of this agreement, execute this agreement by signing on the day
and year first above wrlllen,
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