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Home My WebLink About96-06737 , " ~ .~ - 'It .. .. '''::t If ,. " " I' OI02II.0000I/November 4. 1996/DWD/M""8102 6. The Defendent currently resides with the minor children, Richard A. Harrison and Christina L. Harrison. 7. Since the birth of the minor children to Saptembar 2, 1996, Richard A. Harrison and Christina L. Harrison hava resided with the Plaintiff and Defandant. 8. The Plaintiff hes not participated as a perty or witness, or in another capacity, in other litigetion concerning the custody of the children In this or enother court. 9. The Plaintiff has no information of a custody proceeding concerning the children pending In a court of this Commonwealth. 10. The Plaintiff does not know of e person not e party to the proceedings who hes physical custody of the children or claims to have custody or visitation rights with respect to tha children. 11 . Each perent whose parently rights to the children hava not been terminated and the persons who have physical custody of the children have been nemed as perties to this action. 12. Plaintiff seeks an Order of Court granting him partial physical custody of his minor children at least every other weekend from Friday after school to Sunday evening, one evening per week, every other major holiday, at laast six (6) weeks during the summer, additional time during the Christmes holiday season, access to the children's medical records and report cards, participation in major dacisions concerning the children's aducation and health, consultation privileges, being kept advisad of the children's school activities, and provided with all school information including notices of parent teacher conferences. 13. The best interest and permanent welfare of the children will be served by granting the Plaintiff partial physical custody of his minor children so that he can continue his close relationship with his children and can remain actively Involved in his children's lives. I.~ '''--..J co ".~ ..... t" \':, , .. i':: ~'l ~L1' 1",- .,. ", Ll: '" -.J I ." (', ,"! I .1 L~ t I " :.. I I , l , <..) 1,,1 ~ ~'\~ .~ ~ ~ I'.. . ~ ~ P ~~~ ~~ ~ ~ ~~)~ - " ~ .1 ! '. ",:,'-" ,"!;' ~ i I ::\', " . it:, ,I. ,.1 , I " I I, ,. ,',' ,,, ,. . ,i,i, " , :~ ,\, I,', , " ", 'I' d, I, , " j,ii, " i./ ,I ..:1 ',I ',j , " '" ,'i ",. I'". " " , 'I " " " , , 1,,- 'd' " ., . . . 'I ,I , 1 ,:f ,. . I,. ,I I " ,'. '''' " II . A -. 3. The parties shall alternate the following major holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. This alternating holiday schedule will OCCllr such that Mother will have Easter in 1997, end it will alternate thereafter. The time for the visitation shall be from 9:00 a.m. until 8:30 p.m. 4. The Christmas holiday shall be broken into two segments. Segment A shall occur from after school until 2:00 p.m. on Christmes Day, and Segment B shall occur from 2:00 p.m. on Christmas Day until Decernber 29th at 6:00 p.m. Mother shall have Segment A in 1997 and all odd-numbered years thereafter, and shall have Segment Bin 1998 and all even-numbered years thereafter. Father shall have the reverse schedule. 5. Father shall have a total of four (4) weeks of summer vacation to occur in segments of no more than two (2) weeks provided that he is off from work and has vacation to spend with the children. He shall notify Mother no later than April 1 st of each year as to the weeks in which he intends to exercise this visitation. Mother shall have the opportunity to take a similar amount of vacation provided that she has vacation available to her and Intends to take the children out of the area to use that vacation. 6. The Oefendant's position on custody is as follows: See attached Order. 7. Need for separete counsel to represent chlld(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any Is necessary. Oate: March 11, 1997 . ( / ,,/j I Michael L. Bangs Custody Conciliator (/ ) / ,. I. 3. Tho parties shall alternate the following major holidays: Eastar, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. This alternating holiday schodlllo will occur such that Mothar will hava Easter In 1997. and it will alternato thereafter. Tho time for the visitation shall be from 9:00 a.m. until 8:30 p.m. 4. The Christmas holiday shall be br"ken into two segments. Segment A shall occur from ofter school until 2:00 p.m. on Christmas Day, and Segment B shall occur from 2:00 p.m. on Christmas Day until December 29th flt 6:00 [l.m. Mother shall have Segment A in 1997 and all odd-numbered years thereafter, and shall have Segment B In 1998 and all evcn-numbtlred years thereafter. Father shall have the reverse schedule. 5. Father shall have a total of feur (4) weeks of summer vacation 1.0 occur In segments of no more than two (2) weeks provided that he is off from work and has vacation to spend with the children. He shall noti ry Mother no later than April 1 st of each year as to the weeks in which he intends to exercise this visitation. Mother shall have the opportunity to take a similar amount of vacation provided that she has vacation available to her and intends to take the children out of the area to use that vacation. Complaint for Custody on or about December 13, 1996. 5. Shortly after Father filed his Complaint for Custody, t1w parties attended a conciliation conference. 6. On March 13, 1997, after the conference, a temporary Orda~ was entered granting shared legal custody and primary physical custcdy to Mother subject to periods of partl~l custody in Father. 7. Thereafter, Father filed a petition to Modify Reeking additional time with the children. The parties entered an Agreement providing Father the requested addition~l Ume. The Agreement was executed by both parties and entered elf) a Court Order. See attached Custody Agreement marked and hereinafter referred to as Exhibit "A". 8. The Agreement provides Father alternating weekends bogil111111 on Thursday evening through Sunday evening. 9. At the time the Agreement was negotiated, the parties acknowledged that Father's on-call weekend work schedule changed once per year, requiring the parties to exchange weekends for the rest of the year. The parties agreed to accommodate the changes as needed. 10. Recently, Father requested Mother exchange weekends with him. See attached correspondence to Mother's counsel datad September 1, 1999, marked and hereinafter referred to 38 Exhibit "B". 4 MEYERS. DE.,OR. SALTZQIVER. BOVLE 410 NORTH SECOND STREEl . P.Q BOX 1062 . HARRISBURG, PA 17108 (717) 238.94:219 . FAX (717) 238..2817 WHEREFORE, ~laintiff, C. Richard Harrison, respectfully requests this Honorable Court grant his Petition to Modify and order that the parties exchange weekend custody. ~laintiff also respectfully requests that Mother shall cans all interference with father's custody rights and shall have no contact with the parties' children while Father is exercising hi. scheduled custody and he be awarded one weekend of make-up ti.me for the time missed. Respectfully submitted, I U/ , Catherine A. Boyle, MEYERS, DESFOR, SAL & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff 7 MIYERS. DUFOR, IALTZOIVIR . BOVLE 410 NORTH SECOND STREET' PO, BOX 1062 . HARRISBURG. PA 11108 (717) 2315.9428 . FAX (111) 23lHSll I' Ii II 'I I I' ,I 'i ,I no~ have custody for the entire \,'o:?ekend, he F.Ihall have I custody beginning on Thu"'8day a~ 0;:00 P,n\, until Friday I , mCl'ning before school, :niH alt,,"'nating schedule is to begin on December '7, 199;;. c. Tte partles shall alternl:e the ~~llowing major hclidaYI:l: Easter, ~lemoril2. D",'t', r.:urth o[ July, Labor Day, and ThanksgIving. ~i:i:J ai. t€;_Llat ~ng ,101 loay schedule will occur such :hat :-i::;:;;el" will have Easter i~ 1999, and it will alt!~nate :~~rea[ter, The t ill~e fc,' the visitatic,tl shall;;e L"':"- ;':00 a,l~, until 8:::.J ?, en. .; ,-" T~~ CIll'is:mas 1101iday sl:a~l ~e ~~~~:~n i::tc t~o s~.:,l\ent;.) . Se']:r.c:::t l\ S~la~: ::"."';''':::: :: ::( '~'I ~ " ~ - .' ""'-'-'=- , , :2";;',0(;.1. ur:~il 2:00 p.ln. ~r1 C11~i~:'~as :a~' S8gt~~~t S shall OC2~~ f~::::~f1 2:00 p.m. C;1 2hl":.r.:t-::iS ["~J' ..:-::i1 Q'.:2.;mbe:r' 2Sth 3'~ 6:JO p,m, Father shall ~Bve Seg~ent A in 1998 and all even-numbered years tl:ereafter, :.:(.ther shall have the reverse schedule, e, Fa::her shall have a tota~ of feu:: (1) ~/eeks of summeor vacation to occur in seg-~rltl3 of ~o nlore than two weeks provided that he is off ~~om wor~ and has vacation to spend with the children, He shall notify Mother no later than April 1st of ea~h year as to the weeks in w~ich he intends to exer~ise this visitation, Mother shall have the cppcrtllni:/ to take a similar amount of 1 Mf,YEH', 0[3r0I1, S^L l"/'jl'/r:H" nnfl.l: ;:d;'.1 III I' ,'r,I," . I . I 1;( . I. I.., I',~ ' :1 " 'I I r il 'I II II 3. Ii :: , " vacatiorl provided that rJI1-: has vacation available to g, I her, al.d :l.LcuJI! Lo tul<._ ttlo,;;. \...lllldre:. ~-t:-9.f-t:Ae--.<<.tr.ee.-~~ I On E'ather"s Day e3ch year', Fatl1er' '..:~_l have CUSlOCY of I I I ''\2~g th~t: 'l:Leatlvl.. trHi f. ani ~lotl1ei' I , I sl1a:: have custody of the childre~ :~ ea~h Mot~er's DGV 'I I I the childrel1 from 9:00 a,m. until 'lO p,m, !:l:"C'7"1 s':oo a.m. until a:~G p.m. Such other times as the parties m&~' agree. The par:~es agree to enter this Agreeme~: as an Ord~r o~ Court a~.:: that this l\greem;;nt shall s,:p:.,ede any ar,Q all other ag~eements or Dtipulati~ns or Ord!:! co~cerni~g r::l~stody :.:'.0 vi.si.tation c: f:.~id r.iil'~cr f'::;-.:'~'.~::en which h?l'/€ b~~l: n:a~~ ~l~~~QtQ(cre. , d " 'I i WITNESS: I, ~U'_' Qt'~1 , Qy"" c, ~ /~ c.-Richar'd Harr ~,:!1 / ...)1,:;- C')' , . '} .' ,"-.:!::~e/)fc/- ({, "f?:./tuJ,C')A.,__ EliRlbeth A, Ha,':~son /1) /". I..,.,)...... \ / ;t). 11 ' , ,I Ii ,I :! , i; , 'I M'IYF Il~, or ~Fnrl. SAt.T/{iIVEfl ... nn fl[ r ,r '" III '~I' ( , ;'.(, ",1111 IT. I ,. \ (" \. ", . 1':.;, I" ~ -.. ,. ~~ . \. . ._""W' ,\yt'H:.r~'!r-,;o"~!i,I!~~J1\'t4t't 1,""",:-, .,. t'. "t\I,,,'_le;'.!\,'.!ji(i~JI)' l"r'\nilHI~"'\'!'l",'_LI" CURTIS R. LONG Prothonotary Cumberland County On. Courthous. Square Carlisi.. PA 17013 ',.-.-- . \ . 'HI ~','I ,~?:~ Catherine A. Boyle, Esq. MEYERS , DES FOR P.O.OOX 1062 410 North Second Street Harrisburg, PA 17108 - Eatl'tvL ILlLI EHt-IIOLI Vd '111H dWV~ U~IUS U~WVW LttE MV1 LV BA3NWOll V '~'d 'lll~NDOO , W31av 'W~DV~W , , , ~ In ~~ r-.: >-' .. ~2 C7' q a :!i ~i 21 N I iJ !:i ~ z: ~ c c:;J I' . ,I I'IJintill's on-call schedule chungcd one time pcr yeur, To the contrury. Plaintiff indicuted that he could udjust his work schedule to conli.mn with the custodial schedule, 10, Admitted, 11, Admitted, 12, The truth of this averment is strictly within the knowledge of the I'laintill' and there lore no answer is required, 13, The truth of this averment is strictly within the knowlcdgc of the Plaintiff and therefore no answer is required, 14, Denied, It is specifically denied that Plaintiffs requested change will not interlere with Delendant's Ilexible work schedule, Dclendant's schedule in not as tlexible as PlaintilTthinks, It ean not be changed at Plaintiffs whim and lllllCY, 15, This averment is more properly a prayer lor relief and therefore no answer is required thereto, 16, Denied, It is specifically denied that Defendant has been repeatedly showing up at Plaintiffs residence during his periods of custody, 17, Admitted with clarilication, Delendant tried on severaloecasions to reach her daughter by phone, Plaintiff was screening calls and would not answer, Delendant had purchased a Christmas gin which needed tn be mailed to its recipient that weekend in order to arrive lor the holiday, When she could not reach her daughter by phone she stopped by to get her daughter's approval before mailing the gilt When she arrived. her daughter came down stairs and she showed her the gi n, I R. Denied, It is specially denicd thai Dclcndant hegan arguing with Plaintiff, She did attempt to discuss selling the marital home, PlaintilTimmediatc1y began grubbing her by the arm and scrcaming at hcr, PlainlilTbegan calling her a "f~--ing stupid bitch" and a "l~--ing idiot", Plaintifftricd asking him to calm down so they could talk, She asked Plaintill'li.lr a drink ofwatcr hecause she WllS so upset. She sat down lbr a few minutes belbre she lell, The incident only lasted about 10 minutes, 19, Denied, It is specifically denied that Dc!cndant was screaming at Plaintill' about his personal lite and was liJallling at the mouth, 20, Admincd, 21. Admittcd in part. Denied in part, Delendant did call Plaintiffs home to check on her son, Plaintiff hung up on her, Defendant placed an additional three or lour calls to no avail. 22, Denied, It is specitically denied that Defendant interleres with Plaintiffs custodial time, Plaintiff desires to change the custodial arrangement at his whim and fancy to suit his personal schedule, I-Ie otlen misses time with the children because of his lack of interest in them, He has failed to show up lbr them as scheduled to the point where Defendant has had to call him, He refhsed to take thcir daughter to a concert she was performing in on his weekend causing Defendant to pick up the child and take her, 23, This averment is more properly a prayer fi)r relief and therefore no answer is required thereto, 24, Denied, It is specifically denied that PlaintifT should receive u make-up weekend filr the weekend he missed, Plaintiffs missed weekend was not the result of Defendant's uetions mal therdilre a make-up weekend is not in order, r - " .- ~ ca -. .. :Ii !! 0 0 0 - ca m ~ - UJ 0 ( I UJ " Ui 3: 1.1 ~ .. m ,~E ...:: .- U. _B ~~ ~~~~ ~ - fl~ 'E I..l u ~ ~'lj~:::l ,.1" 8f:i:;;i , "-l'- Po ~~~~ .'li! ~ l' ~f:i ., I.:l ~ a ~ ~ ~ ~ children on thc weekend that he must work, He apparently works a rotating schedule whercby one month he works one Saturday and the lilllowing month he works two Saturdays, This will result in approximately 15 weekends whereby he will be working on Saturdays, He will miss approximately 5 hours of time with the children on the Saturdays when he is at work, father acknowledges that he has reljuested a dmnge in the past. as recently as January. 1999. and Mother aeconuTIodated that reljuest. lie indicates that he will not make anothcr request and he thinks that this new requcsted schedule will bc maintained long-term, 6, The Defendant's position on custody is as follows: Mother is not in agrc'ment with the reljucst. She indicates that she had accommodated his request before, Mother is also a practicing dentist and works as an employee in a dental practice, She too has Saturday appointments and apparently has Saturday appointments scheduled for the ncxt nine months in accordance with the alternating weekend custodial schedul", Mother maintains that she is merely an employee lor another dentist and that she docs not have control over again switching the Saturday work schedule, She pointcd out to the Conciliator that there are approximately 5 staffpeopll: who work with her on Saturdays and it would be difticult. and more importantly unreasonable. to ask thcm to switch the Saturdays (assuming that her employer would allow that to happen) in ord~r to accommodate this custodial change, 7, Need lor separate counsel to represent child(ren): Neither party requested, 8, Need lor independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary, 9, A hearing on this mailer will take one (I) hour. . C. RICHARD HARRISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.6737 CIVIL TERM vs. ELIZABETH A. HARRISON, Defendant CIVIL ACTION CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this ~ day of ~~. , 2000, a copy of the foregoing Praecipe to Withdraw petition for Modification of Custody was sent via U,S, mail, postage pre-paid to: Elizabeth A, Harrison c/o Maria Cognetti, Esquire REAGER, ADLER & COGNETTI, P,C. 2331 Market Street Camp Hill, PA 17011 C therine A. I,D, #76328 Attorney for Plaintiff .' MEYERS, on'OR, SALTZOIVER. BOYlE "10 NORTH SECOND STREET . PO BOX lCli2 . HARRISBURG, PA 1ll0R (llll 236-!).1;213 . FA'l( (117) 216-2131' .,.. a' S (~\' - ". " ~ ~.~ .'t', ., (.."} \" \.r-'l ~..,. .'~'. ,...i~.:~ "". ~'~'d ;. ':I' 'il) , '11.~ .,..;. . ,'':'.ct I ,n- , ~~ I l',) U Q ", " '.\-"..\\'. , , , 1,1 , , , '. " ," , , , . 1 , " ,'II ". 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'l\i'~'~r'~' :ill. ,;1 It, ~:;.:::, r.,-\~_,;f... ,/',__, ,,', :,i,~i'~J.f::t,.~j_l, ..;' ~,J "...i~'/I:' ;f/, l;<\f'\(f' t;,'"i11{J"- , ~.', ._!, '.:'j. .,Vi' ,,,,""'1 ~,,_, - \. , \'.'" ,! ., _I."" 0- '.'''' ".rr~"! '!'oi:'~'~1 ' . ,';1' {I,""" "\ .." " " :,J j',' ,"- f: ,", ~- I, 1,"'1 {'I.'; " ~ reo .1. ,:. ;;/'fI\'-, C. RICHARD HARRISON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE NO, 97 - 3614 SUPPORT NO, 00789 S 1998 CUSTODY NO, 96-6737 CIVIL ACTION - LAW VS. ELIZABETH HARRISON, Defendant ORDER AND NOW, this /3" day of ~ , 2001, upon consideration of the Motion to Withdraw as Counsel, it is hereby ORDERED that counsel for Plaintiff, Catherine A. Boyle, Esquire and Meyers, Desfor, Saltzgiver and Boyle, is withdrawn as counsel for C, Richard Harrison, t. .~ C/p>>-D , ()~ -/3- 01 i' RKs MEYERB, DESfOR,IALTZOIVIR. BOYLE .10 NORTH SECOND STREET . PO BOX 1002 . HARHISBURG, PA 17108 (711)238'9<28 . FAX 1717) 23&-2817