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HomeMy WebLinkAbout96-06733 .ff' ... c " .~ ~ .t7 ... ". ~. \ ).\ / ... .. ( I - . . .') - ~ , ' ",1 ': I' , ,. ., I': , tJ..--' v, 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 " 1 I r' , ,I 'j , I' ' " I , ' " 1 1 .1 < '.,' 1 I,' , , , ' , , " 1 'I . \," . , , ,'1 .'., I' ,". " .- ' ' , " , , , , ' , ' . . , . ' 'I, " , , , ~i ' I ... .lh~ II ,I II If~,l~ '~I' i . . ~ utH II . Q ~ . < I a Ii! I ; I, 'I ' ' , , ' , ' . . oj . . . . . j .. 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