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HomeMy WebLinkAbout00-01191 BETH A. ALLEMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CNIL ACTION - LAW ROBERT L. ALLEMAN Defendant : NO. DO -119/ : IN CUSTODY CIVIL TERM PRAECIPE TO FILE A CUSTODY DECREE OF ANOTHER JURISDICTION PURSUANT TO 23 PA.C.S.A. SECTION 5356 Pursuant to 23 Pa.C.S.A. Section 5356 and 23 Pa.C.S.A. Section 5364 of the Domestic Relations Code, relating to the Uniform Child Custody Jurisdiction Act, please file of record the attached certified Order of Court, dated February 25, 1999, from the Court of Common Pleas of the 39th Judicial District of Pennsylvania - Franklin County Branch, attached hereto. Respectfully submitted, Date: ..2 bl.( ( 6 (l J . Ie, Esquire Q . or Plaintiff o North Hanover Street Carlisle,P A 17013 (717) 243-5551 (SOO) 347-5552 "''I " . vs. : IN THE COURT OF COMMON PLEAS : OF TIm 391HJUDICIAL DISTRICT OF : PENNSYL Y..J\NJA - FRANKLIN:GOUNTY :l3 : CIVItACTION-LAW ~~:= ~ : 7Lc. fJV - //'11 CWJ J.v- . EfJ : F.R. 1998-229 t:L :: ,,) cr : IN CUSTODY ..., :;>0 ::>-0 ~~ ~~::;:! BETH A ALLEMAN, Plaintiff ROBERT L. ALLEMAN, Defendant '^"(:) ORDER OF COURT AND NOW, this ~5 day Of~. 1999, upo consideration of the within Custody Stipulation and Agreement it is hereby ordered and u ,-" c:;. "'1 "';> ~;o -<-< ;:-:J :'~rl -< ~~J I:Y o ~ ("V presentation and directed as follows: 1. The parties, BETH A. ALLEMAN, (hereinafter referred. to as "Mother"), and ROBERT L. ALLEMAN, (hereinafter referred to as "Father") shall have shared legal custody of their Child, LANE ROBERT ALLEMAN, born September 23, 1994, (hereinafter the "Child"). 2. Mother shall have primary physical or residential custody of the Child. 3. Father shall have periods of partial physical or residential custody of the Child on the following schedule: a) Every other weekend from Friday evening at 5:30 p.m. until Sunday evening at 7:00 p.m.; and b) For two (2) evenings per week from the end of Father's workday until 8:00 p,m. (during the summer weekdays, the return time shall be 9:00 p.m.) with Father designating to Mother which two (2) evenings he wishes to exercise his pe~~~t~~~.tstodY by no later than Sunday of each week. The parties realize that as the Child gets older, he will have various matters in which he is involved which could affect the days of the week when he is available to be with Attest: A iRll1: COpy ""I "' I-~ Father. With this in mind, Father will att~pt to give earlier notice to Mother, if possible, of the two (2) evenings he wish~sJoJrlve Child and Mother will do her best to accommodate these requests based upon Child's schedule, If the Child is involved in an extracurricular activity on an evening selected by Father, Father sbaIl be responsible for transporting Child for the extracurricular activity occuring during his period of physical custody. The parties sbaIl discuss Child's involvement in extracurricular activities before Child is enrolled in such activities. Further, it is understood that in the event Father is, unable t() end: his workday so as to pick the Child up by 6:00p;m or earlier, then the visit shall not occur~ and c) At other times as the parties may agree. 4. During the summer vacation period, Father shall be entitled to two (2) one-week period of vacation with the Child by giving Mother at least two (2) weeks written notice as to his intention to exercise his two (2) week-long periods of vacation with the Child. During the summer vacation period, Mother shall be entitled to two one-week periods of vacation with the Child with Mother providing Father with no less than two (2) weeks written notice of her intended two (2) one-week periods of vacation with the Child. Each party shall also be entitled to seven (7) additional days of physical custody of the Child during the year by giving two (2) weeks written notice to the other party. The parties may ~ ul)J exercise ~I:. additional da;~~~t~~ol year as long as it does not umeasonably affect the Child's school attendance. 5. The Child shall always be with the Father on Father's day and shall always be with the Mother on Mother's Day, If those days are not days when the Child would - ~ , ,,_ 1 , otherwise be in that parent's physical custody, the, Child shall be with the parent from 9:00 a.m. to 8:00 p.m. on that day. , , ... 6. During the Thanksgiving holiday season, the parties shall share the Thanksgiving holiday by Father having the Child from the end of his workday on a Wednesday before Thanksgiving until 3:00 p.m. on Thanksgiving day every year. Mother shall have the Child from 3:00 p.m. on Thanksgiving day until 5:30 p.m. on the Friday after Thanksgiving every year. 7. During the Christmas holiday season, the parties shall share the Christmas holiday by Mother having physical custody of the Child from 12:00 noon on Christmas. Eve until 3:00 p.m. on Christmas Day and Father having physical custody of the Child from 3:00 p.m. on Christmas Day until 3:00 p.m. on December 26th . 8. The parties shall share time with the Child during the following holidays: New Years Day, Easter Sunday, Memorial Day, the Fourth of July, and Labor Day. Whichever parent has custody of the Child pursuant to the terms of physical or residential custody set forth above on the day before any such holiday, that parent shall retain physical custody of the Child through the night before the holiday until 1:30 p.m. on the holiday. The other parent shall then have the Child from 1:30 p.m. until 8:00 p.m. on the holiday. 9, Based upon the parent's acknowledgment that the Child will likely become involved in extracurricular activities in the future, it is directed that the parent who has physical custody of the Child, at any time when the Child is scheduled to attend an extracurricular activity shall be responsible for providing transportation for the Child to that extracurricular activity. I' f'f 10. The parties shall share transpo~ation ~f the child for exchanges of custody with each party being responsible for transporting ~.. C~d when that respective party is securing physical custody of the Child. 11. This Order sha1l not be modified absent a showing of substantial change in circumstances. 12. The parties will keep each other advised in the event of serious illness or medical emergency concerning the Child and shall further take any necessary steps to ensure that the health and well being of the Child is protected. During such illness or medical emergency, both parties sha1l have the right to visit the Child as often as he or she desires consistent with the proper medical care of the Child. 13. Neither parent shall do anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. BY THE COURT, ~&\GJ1i \1. [lJalsh 1. cc: Bradley L. Griffie, Esquire Attorney for Plaintiff Carol Van Horn, Esquire Attorney for Defendant r , . . , Ys. : IN THE COURT OF COMMON PLEAS : OF THE 39TH JUDICIAL DISTRICT OF : PENNS~ANiA - FRANKLIN COUNTY : CIVIL ACTION - LAW BETH A. AlLEMAN, Plaintiff ROBERT L. ALLEMAN, Defendant : F.R. 1998-229 IN CUSTODY THIS AGREEMENT AND STIPULATION entered into Cl ,..., -u c: "'tJr-' --I ::t:: ~.<;; ~~~ I I e~ ~;:;'-'": ::o:.:r :0 ." ..0 ;:0 -0 >-0 ;::q ~;o co po N :,';:~~~ aria' ,~." p~~ '-~;o , to. as:-< iE .c- CUSTODY STIPULATION AND AGREEMENT hereinafter set forth, by and between BETH A. ALLEMAN, (herein "Mother"); and ROBERT L. ALLEMAN, (hereinafter referred to- as " WHEREAS, the parties are, the natural parents of ne ROBERT ALLEMAN, born September 23, 1994, (hereinafter referred to as "Child"); and WHEREAS, that parties are presently living separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and regal custody of their Child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the Child. 2. Mother shall have primary physical or residential custody of the Child. 3. Father shall have periods of partial physical or residential custody of the Child on the following schedule: a) Every other weekend from Friday evening at 5:30 p.m. until Sunday evening at 7:00 p,m.; and 1--"<' ,.< ' ^. ~ " b) For two (2) evenings p~r wee~ from the end of Father's workday until 8:00 p.m. (during the summer weekdays, the return ti1pe shall be 9:00 p.m.) with Father , " designating to Mother which two (2) evenings he wishes to exercise his period of partial custody by no later than Sunday of each week. The parties realize that as the Child gets older, he will have various matters in which he is involved which could affect the days of the week when he is available to be with Father. With this in mind, Father will attempt to give earlier notice to Mother, if possible, of the two (2) evenings he wishes to have the Child and Mother will do her best to accommodate these requests based upon the Child's schedule. If the Child is involved in an extracurricular activity on an evening selected by Father, Father shall be responsible for transporting Child for the extracurricular activity occurring during his period of physical custody, The parties shall discuss Child's involvement in extracurricular activities before Child is enrolled in such activities. Further it is understood that in the event father is unable to end his workday so as to pick the Child up by 6:00 p.m. or earlier, then the visit shall not occur; and c) At other times as the parties may agree, 4. During the summer vacation months, Father shall be entitled to two (2) one- week periods of vacation with the Child by giving Mother at least two (2) weeks written notice as to his intention to exercise his week-long period of vacation with the Child. During the summer vacation period, Mother shall be entitled to two (2) one-week periods of vacation with the Child with Mother providing Father with no less than two (2) weeks written notice of her intended two (2) one-week periods of vacation with the Child. Each party shall also be entitled to seven (7) additional days of physical custody of the Child during the year by giving two (2) weeks written notice to the other party. The parties may r " . , exercise the additional days with the Child durin& the school year as long as it does not unreasonably affect the Child's school attendance. _ . ' ..- 5. The Child shall always be with the Father on Father's Day and shall always be with the Mother on Mother's Day. If those days are not days when the Child would otherwise be in that parent's physical custody, the Child shall be with the parent from 9:00 a.m. to 8:00 p.m. on that day. 6. During the Thanksgiving holiday season, the parties shall share the Thanksgiving holiday by Father having the Child from the end of his workday on a Wednesday before Thanksgiving until 3 :00 p.m. on Thanksgiving day every year_ Mother shall have the Child from 3:00 p,m. on Thanksgiving Day until 5:30 p.m. on the Friday immediately after Thanksgiving every year. 7. During the Christmas holiday season, the parties shall share the Christmas holiday by Mother having physical custody of the Child from 12:00 noon on Christmas Eve until 3:00 p.m. on Christmas Day and Father having physical custody of the Child from 3:00 p,m. on Christmas Day until 3 :00 p.m. December 26tb 8. The parties shall share time with the Child during the following holidays: New Years Day, Easter Sunday, Memorial Day, the Fourth of July, and Labor Day, Whichever parent has custody of the Child pursuant to the terms of physical or residential custody set forth above on the day before any such holiday, that parent shall retain physical custody of the Child through the night before the holiday until UO p.m. on the holiday. The other parent shall then have the Child from 1:30 p.m, until 8:00 p.m. on the holiday. 9. Based upon the parent's acknowledgement that the Child will likely become involved in extracurricular activities int he future, the parent who has physical custody of '1"'- ~,~ ,- " "" _'0 .' . , ~ i the Child, at any time when the Child is scheduled, to attend an extracurricular activity shall be responsible for providing transportation f~r th~ qilldto that extracurricular activity. 10. The parties shall share transportation of the Child for exchange of custody with each party being responsible for transporting the Child when that respective party is securing physical custody of the Child. 11. The parties wish to have the within Custody Stipulation and Agreement entered as an Order of Court in the Court of Common Pleas of Franklin County and hereby acknowledge that the Child has resided for his entire life in Franklin County, Pennsylvania until April 1998, upon the parties marital separation at which time Mother moved to a residence in Shippensburg, Cumberland County, Pennsylvania, a time frame in which Mother initiated custody action in the appropriate jurisdiction of Franklin County, Pennsylvania and, therefore, the Court of Common Pleas of Franklin County, Pennsylvania has jurisdiction over this issue of custody of this Child. 12, The Order entered upon the within Stipulation and Agreement shall not be modified absent a showing of substantial change in circumstances. 13. The parties will keep each other advised in the event of serious illness or medical emergency concerning he Child and shall further take any necessary steps to ensure that the health and well being of the Child is protected. During such illness or medical emergency, both parties shall have the right to visit the Child as often as he or she desires consistent with the proper medical care of the Child. ~ ' , -. ". . i; fi I li fl ii ;; i l' ii - ." , 14. Neither parent shall do anything which may estrange the Child from the other party, or injure the opinion of the Child as to the otherpjU1y, or which may hamper the free , " and natural development of the Child's love and affection for the other party. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof: set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: dlnXfL~ ~~~w." -. ~. /-df-99 Date dadtu/~ "BETH A AllEMAN ;2-/8-91' /7~~ Date ROBERT L. ALLEMAN ~ .- .' COMMONWEALTH OF PENNSYL V ANlA ) ), S,S . , COUNTY OF FRANKLIN ) '1 On this the jf%y of [l~ ' I9~ before me, the undersigned officer, personally appeared BETH A. ALLEMAN, known to me (or satisfactorily proven) to be the person whose name is subscnoed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~-rl~~ J COMMONWEALTH OF PENNSYL VANIA ) ) SS COUNTY OF FRANKLIN ) NOlanal Seal Robin J. Goshorn, Notary Public Carlisle Bore, Cumberland County My Commission Expires April 17, 1999 On this thelg1!J day of l?q9 , -l99&;' before me, the undersigned Rb~ officer, personally appeared ROBERT L. ALLEMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Jfwa In C~ Notarial Seal Lisa M. Eokstine, Notary Public Chambelsbufg Boro, Franklin COUntY My Commission Expires June 3, 19l19 Memtler, P"llIlSYIviJniaAseociatlon oIl'blJ1es " ~~ "I , , '. '. I " : , """... , --~, " (] g .~ , "Os.: ID :J: S29J J:.. :.:;1 =0 0~ , tJ3s:; I l\j fy, r;.< :DO ~D 06 ~8 :t>a "... , :Jc ::t:2? 0' )i>c:: '9 2 .~ ofTl W ~ ..... -< '"""",,, ,,"_~.~~~~,;~,jf~~"';;'~!'~f,)i\!!)'!!i>~_j"~'l'l"/I\!;O!!!!l!l~~'~ll'ffl!'lf~~r-