HomeMy WebLinkAbout96-06733
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. qc, -~ 733 tL~~ 1~
WILLIAM D. DENNIS
Plaintiff
DONNA A. DENNIS
Defendant
CIVIL ACTION - LAW
CUSTODY
QRDER OF COURT
AND NOW, this -' :hth day of -'1'). (o"..,~, I , 1996, Llpon consideration
of the attached Complaint, it is hereby directed that the parties and their respective counsel
appear before O."~11 ", "),.....'\,,, I-'~I ,theConciliator,at
~.\ '-\..1. (lIIQ;" Sf fV'I".!""';<5b..,) onthe--1.!:!fu.day
Of~, 1997, at ,\:CC' ~m for a Pre-Hearing Cl~stody Conference. At such
Conference, an effort will be made to resolve the issues in dispute; or if this cannot be
accomplished, to define and narrow the issues to be heard by the Court, and to enter into a
Temporary Order, All children age five or older may at the request of either attorney or
party, be present at the conference. Failure to appear at the Conference may provide
grounds for the entry of a temporary or permanent Order.
FOR THE COURT,
BY:-D. "-"Yl,-J dt'~('iJ-.t ~ (
Custody Conciliator "~I/'
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having businsss 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.
ci,
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 C0urt Administrator
Cumberland County Court House, 4th Floor
Carlisle, Pa. 17013
Mechanlcsburg, PA
4, The children were not born out of wedlock,
5, The children are presently in the custody of the Plaintiff, William D, Dennis,
who resides at 305 Hogestown Road, Mechanlcsburg, Pennsylvania, 17055,
6, Since 1985, the children have resided with the following persons and at the
following address:
ti!m! Address Dates
Plaintiff & Defendant 7073 Carlisle Pike January, 1985
Carlisle, PA August, 1989
Plaintiff & Defendant 305 Hogestown Road August, 1989
Mechanlcsburg, PA September 11, 1995
Defendant 305 Hogeslown Road September 11, 1995
Mechanlcsburg, PA March 28, 1996
Plaintiff & Defendant 305 Hogestown Road March 28, 1996
Mechanicsburg, PA November 19,1996
Plaintiff 305 Hogestown Road November 19,1996
(Matthew) Mechanicsburg, PA December 2,1996
Defendant 7073 Carlisle Pike November 19, 1996
(Mark) Carlisle, PA December 2,1996
Plaintiff 305 Hogestown Road December 2,1996
Mechanicsburg, PA Present
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Mother with a schedule of all games as soon as he becomes aware of the
schedule. The Mother shall be entitled to transport the Children to
one-half of these scheduled events.
5. In the event the Childr.en are involved in any tournament,
playoff or championship games in any sport or activity, the Father shall
notify the Mother within two days after becoming aware of the scheduling of
those events, and, if the tournaments, playoff or championship games fall
on days when the Mother doos not have custody, the Mother shall have the
right of first refusal to transport the Children to these activities.
6. The parties shall shar.e or alternate custody of the ChildrE/n
on holidays as follOlls:
A. In even numbered years, the Mother shall have custody of
the Children from 8:00 a.m. until 7:00 p.m. on Memorial
Day, Martin Luther King Day, Veterans Day and Labor Day;
from 4:00 p.m. on Thanksgiving Day until 4:00 p.m. on the
day after Thanksgiving; on Easter Sunday from 8:00 a.m.
until 7:00 p.m.; and, on the Children's birthdays from
8:00 a.m. until 7:00 p.m. if the day falls on a weekend
and from 4:00 p.m. until 8:00 p.m. if the day falls on a
weekday.
B. In odd numbered years, the Mother shall have custody of
the Children from 8:00 a.m. until 7:00 p.m. on Presidents
Day, COlumbus Day and July 4th; on Thanksgiving from 4:00
p.m. the day before Thanksgiving until 4:00 p.m. on
Thanksgiving Day: and, over the Christmas holiday from
5:00 p.m. on December 23rd until 5:00 p.m. on January
2nd.
C. In every year, the Mother shall have custody of the
Children on Mother's Day from 9:00 a.m. until 5:00 p.m.
D. In even numbered years, the Father shall have custody of
the Children from 8:00 a.m. until 7:00 p.m. on Presidents
Day, Columbus Day and July 4th; on Thanksgiving from 4:00
p.m. the day before Thanksgiving until 4:00 p.m. on
Thanksgiving Day: and, over the Christma8 holiday from
5:00 p.m. on December 23rd until 5:00 p.m. on January
2nd.
E. In odd numbered years, the Father shall have custody of
the Children from 8:00 a.m. until 7:00 p.m. on Memorial
Day, Martin Luther King Day, Veterans Day and Labor Day;
on Thanksgiving from 4:00 p.m. on Thanksgiving Day until
4:00 p.m. on the day after Th&lksgiving; on P-aster Sunday
ft'om 8:00 a.m. until 7:00 p.m.: and on the Children's
birthdays from 8:00 a.m. until 7:00 p.m. if the day falls
on a weekend and from 4:00 p.m. until 8:00 p.m. if the
day falls on a a weekday.
F. In every year, the Father shall have custody of the
Children on Father's Day from 9:00 a.m. until 5:00 p.m.
G. In the event a Monday holiday under this provision falls
inmediately following the Mother's regularly scheduled
weekend period of custody, the Mother shall be entitled
to retain custody of t.he Children without interruption
through the holiday.
7. The holiday custody schedule shall supersede the regular
custody schedule.
8. The Father may transport the Children to South Carolina to
visit their paternal grandmother over the Christmas holiday in years when
the Father is scheduled to have custody. 'I'he Father shall provide the
Mother with 45 days advance notice of his intention to transport the
Children t.o South Carolina for Christmas. In the event the Father stays
overnight at any place other than the Children's paternal grandmother's
home in the course of the trip to South Carolina, the Father shall inform
the Mother of the accomodations as soon as the Father realizes an overnight
stay is required. The Father shall contact (or insure that the Children
contact) the Mother by telephone wi thin 30 minutes after arr! ving at the
lodging destination unless otherwise agreed previously by the parties. The
Father shall contact (or insure that the Children contact) the Mother by
telephone within 30 minutes of arrival at the paternal grandmother's home
unless the parties previously agreed otherwise. The Father shall contact
(or insure that the Children contact) the Mother by telephone upon
departure for their return to pennsylvania from the paternal grandmother's
home. The Father shall abide by all requirements of this provision during
the return trip to Pennsylvania.
9. The Mother shall have custody of the Children up to 4
non-consecutive weeks during the summer school break beginning on Frlday at
4:00 p.m. and ending on the following Saturday at 8:00 p.m., upon providing
45 days advance notice to the Father. After provision of this notice, the
Father shall not schedule any extra-curricular activities for the Children
which would conflict with the Mother's right to custody under this
provision.
10. Except as provided in paragraph 7 of this order, neither
party ehall remove the Children from the Ccxrmonwealth of Pennl'lylvania
without prior consent from the other party.
11. The parties shall keep each other advised immediately in the
event of illness or medical emergency concerning the Children and shall
further take any necessary steps to insure that the health and well being
of the Children are being protected. During such illness or medical
emergency, both parties shall have the right to visit the Children as often
as he or she desires consistent with the proper medical care of the
Children.
12. Neither party shall do anything which may estrange the
Children from the other party, injure the opinion of the Children to the
other party or hamper the free and natural development of the Children's
WILLIAM D. DENNIS, . IN THE COURT OF COOMON PLEAS OF
.
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. . NO. 96-6733 CIVIL TERM
.
.
.
DONNA A. DENNIS, : CIVIL ACTION - LAW
Defendant . CUSTODY/VISITATION
.
PRICR JUDG8: Edgar B. Bayley
a.JSl'OOY CXH:ILIATla.J SlMMARY REPCRT
IN AOCDUlANCB WI'l'II CDIBBRLAND 00Hl'Y RlJLB OF CIVIL PIll)..... -lAB
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE OF BIR'1'II
aJRRENl'Ly IN CUSTOOY OF
Mark D. Dennis
Matthew D. Dennis
December 5, 1981
January 8, 1985
Plaintiff/Father
Plaintiff/Father
2. A Conciliation Conference was held in this matter on January 14,
1997, with the following individuals in attendance: The Father, William D.
Dennis, with his counsel, Peter J. Russo, Esquire, and the Mother, Donna A.
Dennis, with her counsel David A.Baric, Esquire.
3. The parties agreed
JtLnUdJ':J/ 17, /1'17
Date U
to entry of an Order in the form as attached.
~'O>L-jJ~t~"d
Dawn . Sunday, Esqu re
Custody Conciliator