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HomeMy WebLinkAbout96-05924 p.m. This Thursday schedule shall begin on December 12, 1996, 3. The parties will alternate the following major holidays: Easter. Memorial Day, Fourth of July, labor Day, and Thanksgiving. This alternating schedule will include the weekend period of time and will tcke precedence over the regular schedule during the year. This altarnating schedule will begin with Father having Easter In 1997. 4. Tha Christmas holiday shall be broken into two segments. Segment A will occur from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day. Segment B will occur from 12:00 noon on Christmas Day until 12:00 noon on December 26th. The parties will alternate this schedule such that Father will have Segment A in 1996 and all even-numbered years thereafter, while Mother shall have Segment Bin 1996 and all even-numbered years thereafter. Father shall have Segment Bin 1997 and all odd-numbered years thereafter, while Mother shall have Segment A in 1997 and all odd-numbered years thereafter. 5, The parties racognize that tha children visit their maternal grandfather over the summer. The children are entitled to visit with their maternal grandfather for a period up to four weeks during the summer months. Mother shall provide Father with the dates as to when the children will be visiting with their maternal grandfathar no later than April 1 st of each year, Father then will be entitled to one- half of the remainder of the summer, or three weeks, whichever Is greater. He will provide Mother with the dates In which he intends to exercise this period no later than May 1 st of each year, Mother will then be entitled to the remainder of the summer, 6, The parties shall have reasonable telephone access while the children are In the other party's respective custody. Reasonable ahall be daflned In this Order as meaning no more than every other day, The telephone contact should occur from 7:00 p.m. until the children's bedtime, The parties do understand, however, that the children shall have unlimited talephone access to the non-custodial parent and neither party should Interrupt or in any way cause the children not to feel that they can contact the nDn-custodlal parant. 7, Such other times as the parties may agree. BY THE COURT, :7 /lit Jeff Foreman, Esquire Ellen Adler, Esquire - 4:(.4~.R.. I:J.//:J..J q". ...& ~ mlb J. CF ,., /F1.I.fD-OFF1Ce . ".'. 1I::iT' 'C.''OT,IRY %Or.T3/ Pl/ L103 CU" . . I'Oi__=1 ,!..j.\....' ~.' -, ."')1' PENi\S'rU~W'[r /, ( /1,1/ ')6 ud. wftJ 'l\c;d,J 't..,~ i:l;{>u'......n IH9(. '11di.( l~l:JJJ ~ dlf .1 1I'~.9(; (!PP1 -piau~- IYI'&r.p-' . CARLOS PEREIRA, PlalntlfT, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLYANIA : NO. 96-6024 CML TERM v, JANE CORALES, Defendant : CML ACTION. CUSTODY ORDER OF COURT AND NOW. thla C, day of Juno!, 1007. upon consideration of the attached Complaint, It la hereby directed that the parties and their respective counsel appear before KIehne \ L. 0Y-r'lf) \. J EC,~, the conciliator, at 3(:f)~, \8~n ~-\, J (amp \""" \ \ I P A. on the...1.J.... day of "L) \-....., ,1097, at $..QO ..8..M, I for a Pre-Hearing CUEtody Conference. At such Conference, an effort will be made to resolve the laaues in dispute; or If this cannot be accomplished, to define and narrow the laaues to be heard by the Court, and to enter into a temporary order, AIl children age five or older may also be present at the Conference, Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, , ~. By:.11l1 r l\f\ 0 Q c} -15.()JY]~.r ~ ' CUEtody ConcUlator (i:i), /RL The Court of Common Pleas of Cumberland County Is required by law to comply with the Americans with Disabllitiea Act of 1990, For Infonnation about accessible facilities and reasonable accommodations avnilable to disabled individuals having business before the Court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the Court, You must attend the scheduled conference or hearing. 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. Office of the Court Administrator Cumberland Connty Courthouse Fourth Floor CorU.le, PA 17013 (717) 240-6200 CARLOS PEREIRA, PlaIntllf, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLYANIA : NO, 91\-5924 CML TERM : CML ACTION. CUSTODY v, JANE CORALES, Defendant . COMPLAINT FOR CUSTODY 1, The PlaIntllf, Carlos R. Pereira Is an adult individual currently reeldlng at 902 South 16th Street, Harrlaburg, Dauphin County, Pennsylvania, 17104 2, The Defendant, Jane Corales, Is an adult individual currently residing at 110 South 27th Street, Camp HI1I, Cumberland County, Pennsylvania, 17011. 3. The parties are the natural parenls ofCarloa Pereira, Jr., bom July 16, 1983 and Amanda Pereira, born August 27, 1986, 4, Pursuant to a previous complaint med by PlaIntllf a concl1iation conference was held on December 5. 1996 with conciliator Michael L. Bansa. Following the conciliation conference an agreement was entered and a Court Order was thereafter executed on December 11, 1996 setting forth the custody of the children. A copy of the Order Is attached and made a part hereto, 5, On or about May 22, 1997 the PlaIntllf was Informed by the Defendant that she was leaving the slste of Pennsylvania and moving to Ohio with her husband who had taken ajob In that slste, 6. Pursuant to this Information the P\aintllf has med this complaint In custody requesting full custody of the children If the Defendant decides to leave the Commonwealth of Pennsylvania. p,m. This Thursdsy schedule shall begin on Decembar 12. 1996. 3, The partlas will altarnate the following major hDlldays: Easter. Memorial Day. Fourth of July. Labor Day. and Thanksgiving. This alternating schedule will Include the weekend period of time and will take precedence over the regular schedule during the yeer. This alternating schedule will begin with Father having Easter in 1997. 4. The Christmas holiday shall be broken Into two segments. Segment A will occur from 12:00 nDon on Christmas Eva until 1 2:00 noon on Christmes Day, Segment B will occur from 12:00 noon on Christmas Day until 12:00 noon on December 26th. The parties will alternate this schedule such that Father will have Segment A in 1996 and all aven-numbered years thereafter, while Mother shall have Segment B in 1996 and all even-numbered years thereafter. Father shall have Segment B in 1 997 and all odd-numbered years thereafter. while Mother shall have Segment A in 1997 and all odd-numbered years thereafter. 0. The parties recognize that the children visit their maternal grandfather over the summer. The children are entitled to visit with their maternal grandfather for a period up tD four weeks during the summer months, Mother shall provide Father with the dates as to when the children will be visiting with their maternal grandfather no later than April 1 st of each year, Father then will be entitled to one- half of the ramalnder of the summer, or three waeks, whichever Is greeter. He will provide Mother with the dates In which he Intands to exercise this periDd no later than May 1 st of each year. Mother will then be entitled to the remainder ot the summer, 6, The parties shall have reasonable telephone accesa while the children are in the other party's respective custody. Reasonabla shall be defined in this Order as maaning no more than avery other day. The telephone contact should occur from 7:00 p.m. until the children's bedtime. The parties do understand, however, that the children shall have unlimited telephone access to the non-custodial parent and neither party should interrupt or in any way cause the children not to feel that they can contact the non-custodial parent, 7. Such other times as the parties may agree. BY THE COURT, ISI -M".<.... G ~ Jeff Foreman, Esquire Ellen Adler, Esquire -"u., .~"'pv FR'"'u RI:CORD f h ~ "J. I I '....Y' ... \ In Tes!r,:1cr', her ,:.f. I har~ unto :;et my hand and the :,:ai Jf laid Court ~r Carli!le, Pa. This IrK?:::.. day of...oC..(&.~., 19..f.~, _.......~~:ap;'~~~~~_ mlb J. '>- c, ('~ c..: f-': .. .. - ,:.. UI. . r.) ; Fe: .'.; l>f- , '! (J.,; W" G:i 'J ~I.... f- , ,. r- , u .;' _J '~Ft..'''i~''.LJ'"",/",", 1.^W()I't'uaUi BARBARA SmlI'LE-SULLIVAN rHU Uh!UnB snnmT NEW OlI~IUP.IU.A..""lU. PHN)lSYI.VA.""lIA Ilo7o-lnna ,~-~--<. --. ,.~_,,"-.''''''' -- '..", "<,, ~ .'. . .' ~ -~--...... .- I.. . \ . ,"'....v..".--!'ct';..;I';:;.'k!,., I Carlos Pereira 902 S. 16th Street Harrisburg, PA 17104 . _.. _... _... ,. ", ..._..";~,_~"O,.,\.,_~,c;_.",....;-,__~"'A"",";o."",.,,,,,.._-..-.,~ " I. .. . \ . -,;---.,.,..."--.._._.,.~.--._,,..-. I.A"" UI'I'WUN BAIUIARA SUl'IPI.P'.SIll.I.IVAN 1\,'0 III1I1HIU !iTlumr Nnw CtJflmmU.ANll, J'n~HYI.\'ANI^ 17u7u-HUII . Jeff Foreman. Esquire 3207 North Front Street Harrisburg. PA 17110-1311 .....,.'.",.-..~_...-__.._.._.....""~__""L,..._..-_,___~-~. \ , , \ , I , ! ! .' ......- '..... . ,.~ ..... V5. IN TilE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA 96-5924 CIVIL TERM CARLOS PEREIRA, Plaintiff JANE HORN (was CORALES), Defendant CIVIL ACTION - CUSTODY IN RE: PETITION FOR SPECIAL RELIEF AND SCHEDULING OF IIEARING ORDER AND NOW, this I' · day of June, 1997, it appearing that this mailer is listed for a conciliation conference on July 17, 1997, the within petition for special relief and for scheduling of hearing is DENIED. BY THE COURT, ~: ::f..Lf- Ron Turo, Esquire . . For the Plaintiff UJ1UL4.- 'fNr' tk~ h//'I71(7 Barbara Sumple-Sullivan. Esquire La....... For the Defendant :rlm CARLOS PEREIRA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-5924 CIVIL TERM JANE HORN (was CORALES), Defendant CIVIL ACTION. CUSTODY ORDER AND NOW THIS day of . 1997. upon consideration of the PETITION FOR SPECIAL AND SCHEDULING OF PLOWMAN HEARING as filed by Defendant. it is hereby decreed and ordered as follows: 1. Hearing. A hearing in the above-captioned action is scheduled for the _ day of at __ _M. in Courtroom for hours. 2, Interim Order. In the Interim. Mother may relocate to the Hamilton, Ohio area with the children. The parties shall continue with their present summer visitation pending the aforementioned hearing. r T~onorabl~ Kevin A. Hess '. 4) After attending a conciliation conference. the parties reached all agreement which was entered as an Order of Court on December 11, 1996 by the Honorable Kevin A. Hess. A copy of said Order is marked as Exhibit "A" and attached hereto and incorporated by reference herein. 5) The Order dated December 11. 1996 granted Petitioner primary physical custody and outlined Respondent's right of partial physical custody, 6) Recently Petitioner's spouse has received the opportunity for new employment in the Hamilton, Ohio area, This employment opportunity will allow Petitioner to reduce her work schedule from full-time to part-time and eventually will allow Petitioner to stay home full-time with the parties' children. In accepting this opportunity. Petitioner and the parties' children will have to relocate to the Hamilton. Ohio area shortly. 7) Petitioner believes that in making this move the children will bcnefit in having a "stay-at-homc" mothcr. Thc schools and community arc similar to thcir present home and schools but thc cost-of-Iiving is less expensivc which will allow Pctitioner and the children more lifestyle options. 8) Petitioner's spousc has tried to find cmploymcnt in the Harrisburg arca but has bcen unablc to do so, Thc position in Hamilton providcs grcat growth potential in his carccr 2 p.m, This Thursday schedule shall begin on December 12. 1996. 3. The parl/es will alternate the following major holidays: Easter, Memorial Day, Fourth of July, Labor Day. and Thanksgiving, This alternating schedule will Include the weekend period of time and will take precedence over the regular schedule during the year. This alternating schedule will begin with Father having Easter in 1997, 4, The Christmas holiday shall be broken into two segments, Segment A will occur from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day, Segment B will occur from 12:00 noon on Christmas Day until 12:00 noon on December 26th, The parties will alternate this schedule such that Father wl1\ have Segment A In 1996 and all even-numbered years thereafter, while Mother shall have Segment Bin 1996 and all even-numberad years thereafter. Father shall have Segment B in 1997 and all odd-numbered years thereafter, while Mother shall have Segment A in 1997 and all odd-numbered years thereafter. 5. The parties recognize that the children visit their maternal grandfather over the summer. The children are entitled to visit with their maternal grandfather for a period up to four weeks during the summer months. Mother shall provide Father with the dates as to VERIFICATION I. JANE HORN. hereby certify that the facts set forth In the foregoing PETITION are true and correct to the best of my knowledge. information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa, C.S,A, 64904 relating to unsworn falsification to authorities. DATED: fo.//91 ~ \tJ ~ N .. :t': ~m - :',l..: .t; r )... ~ Cl~ ~(. Cl. '~I e, . It M ~ :;I: I ''- -~ d1 ~ ill ..; ~ e- r- ::J (J'\ U .. d ;z: ,.. c( 0 > t: :i :!: :5 t; ~ ~ ~ ~ ~ LI. n. w Z ~ :dffi ~ :l ii! II. :s Ul .. ci c(::Z ~ ~ j ~ ffi a: m c( :Ii m B ~ z . . . . '. ~UN \ 3 \997 CARLOS PEREIRA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-5924 CIVIL TERM JANE CORALES, Defendant CIVIL ACTION - LAW CUSTODY/VISITArION ORDER AND NOW, this $-rA a hearing is scheduled for the 1997, at 9 : ~-?O o'clock --1l-.M., in Court Room Number of the Cumberland County Court House, Carlisle, Pennsylvania. Both parties, through counsel, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony. Additionally, both parties will submit their proposal for a resolution of the matter. BY THE COURT, Ron Turo, Esquire Attorney for Plaintiff J. - (,..bu.oJ ~ B/49 I). ~~ ..>oS.f. Barbara Sumple-Sullivan, Esquire Attorney for Defendant mlb The Plaintiff's position is that he initinlly wanted to maintain the original schedule. When it became clear during the conciliation that Mother was moving to Ohio, he would propose that he be given primary custody of the children during the school year and that she be given the period of time which she has offered to him during the summer and holidays. 6. The Defendant's position on custody is as follows: Defendant indicates that she has always been the primary custodial parent of the children. She is relocating because her new husband has found better employment and, as a result, she has an opportunity to potentially work part-time in Ohio and eventually stay at home. As a result, she believes that the move overall would be in the best interest of the children. She proposed that the Father be given an expanded schedule which was contained in her special petition to the Court. Specifically, she proposed that Father has the children for their Easter vacation in even number years and seventy-two days of their summer vacation and the children's Thanksgiving vacation. In odd number of years, she proposed that Father have the children during their Christmas vacation and seventy-nine days of the summer vacation. She has a more specific schedule in addition to that which she will relate to the Court, but which is contained in her Petition that is already filed before the Court. 7, Need for separate counsel to represent children: 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 approximately one day, 10. Other matters or comments: The Court has before it a relocation case, Mother, who has essentially been the primary custodial parent of the children for their entire lives, is moving to Ohio with her current spouse. The Court will have to go through its analysis of this relocation issue to ascertain the real motivations of Mother for the move. It should be noted that Mother essentially offered Father a schedule that would provide him with the same or perhaps more time than he currently has under the order in place, but changes it to give him the time over the summer and over the holidays because of the distance between Ohio and their current residence. The Court ~hould also note that we a~e dealing with older children; one is 14 and the CARLOS PEREIRA. Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 96-5924 CIVIL CIVIL ACTION - LAW JANE (CORALES) HORN, Dcfcndant CUSTODY /VISITATION ORDER AND NOW, this f.' day of August. 1997. it appcaring that thc partics havc reached an agreement, hearings set for August II, 1997, and October 23. 1997, arc CANCELLED. BY THE COURT, Ron Turo. Esquire For the Plaintiff - e."tt''-<d fl''<,..!"l t/h }q'l. .:,,~. Barbara Sumple-Sullivan, Esquire For the Dcfendant ;rlm . , . one week after the last day of school and continuing to one week prior to the day school commences, at which time they will be returned to Mother, The children shall also spend two (2) weekends a summer with Elsa Harry, e) Transportation: The parties shall share the cost of transportation with Mother responsible for 75% of the cost and Father 25% of the cost. The parties agree not 10 utilize buses for transportation unless the children are accompanied by an adult, o Supervision: Neither party shall leave the children without the direct supervision of a competent adult. At all time periods of each parent's cuslody. the children shall reside with a natural parcnt. g) Telephone Contact: Father Is entitled to reasonable telephone contact with the children, Father is entitled to call the children every Sunday evening unless other arrangements conceming Ihe lime are made in advance. Further. in the event the children desire to call Father. Mother shall grant reasonable telephone access for the children at hcr cost. h) Jurisdiction: Cumberland County Court shall retain jurisdiction over this Ordcr so long as the natural Father remains within the jurisdiction of the Court, BY THE COURT, cc: Ron Turo, Esquire Barbara Sumple-Sullivan. Esquire A. EXHIBIT "A" CARLOS PEREIRA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 96.592-1 CIVIL TERM JANE HORN (was COHALES). Dcfendant CIVIL ACTION - CUSTODY ORDER AND NOW, this day of , 1997 by agreement of the parties in the above-captioned action, It is hereby decreed and ordered as follows: 1. The panies, Carlos Pereira and Jane Horn. shall have shared legal custody of their minor children. Carlos Pereira, Jr.. D.O.B. July IS. 1983 and Amanda Pereira, D.O.B. August 27. 1986. 2. Primary physical custody of the children shall be with Mother in Ohio. Partial physical custody of the children shall be with the Father. as follows: a) Even Numbered Years: Father shall have the children for their Easter vacation and the Children's Thanksgiving vacation. b) Odd Numbered Years: Father shall have the children during their christmas vacation (7 days) and the February President's Day weekend which shall Include a Monday off from school. c) Other Times: Other times as the parties agree. Father shall have the right to partial custody of the children in Ohio at any time as he call mutually arrange with Mother. Such scheduling must be made at least 24 hours in advance. The parties shall coordinate the scheduling to accommodate the plans of each other and the children. d) Summer Vacation: Commencing the Summer of 1998, Father shall have thc children for the perind of their thc summer vacation from school commcncing -, , . . .. CARLOS PEREIRA, Plaintiff ~G 181997 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO. 96.5924 CIVIL TERM JANE HORN (was CORALES), Defendant CIVIL ACTION - CUSTODY ORDER AND NOW. this If" day of AvJ'''''' ,1997 by agreement of the parties in the above-captioned action, it is hereby decreed and ordered as follows: 1, The parties. Carlos Pereira and Jane Hom. shall have shared legal custody of their minor children, Carlos Pereira. Jr., D.O.B. July 15. 1983 and Amanda Pereira, D.O.B. August 27, 1986. 2. Primary physical custody of the children shall be with Mother in Ohio. Partial physical custody of the children shall be with the Father. as follows: 0) Evcn Numbered Ycars: Fathcr shall have the children for their Easter vacation and the Children's Thanksgiving vacation. h) Odd Numbered Ycars: Father shall have the children during their christmas vacation (7 days) and the February President's Day weekend which shall includc a Monday off from school. c) Other Times: Other times as the parties agree. Father shall have the right to partial custody of the children in Ohio at any time as he can mutually arrange with Mothcr, Such scheduling must be made at least 24 hours in advance. The partics shall coordinate the scheduling to accommodate the plans of each othcr and the children. d) Summer Vocation: Commencing the Summcr of 1998. Father shall have the childrcn for thc pcriod of their the summcr vacation from school commencing \