HomeMy WebLinkAbout00-03670
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JUN 1 9 zoooW
Plaintiff
:IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
~NO. 00-.)(-76 c3~n'l ~
:CHILD CUSTODY
RHEA A. METZ
vs.
FRANCIS C. METZ,
Defendant
ORDER. OF COURT
AND NOW, thiS;22'7~ay of J'ZA c..
i 2000, the attached
STIPULATION is hereby approved and made an Order of this Court.
Dated:
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RHEA A. METZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
;NO. ()1J. 3(,,70 ~ I.u.---
vs.
FRANCIS C. METZ,
Defendant
:IN CUSTODY
AGREEMENT AND STIPULATION
-
AND NOW, this I) day
2000, RHEA A. METZ
(hereinafter referred to as
and FRANCIS C. METZ
(hereinafter referred to as "Father") agree as follows:
WHEREAS, Mother and Father are the parents of SAMUEL
METZ, born December 10, 1999;
WHEREAS, Mother and Father live separate and apart and
are desirous of entering into an Agreement and Stipulation
concerning the custody of their son:
NOW THEREFORE, each party intending to be legally bound
agrees as follows:
1. It is the intention of the parties and the parties
agree that they will share joint legal custody of Samuel Metz, born
December 10, 1999.
The parties agree that major decisions
concerning their child, including, but not necessarily limited to,
the child's health, welfare, education, religious training and
upbringing shall be made by them jointly, after discussion and
consultation with each other, with a view toward obtaining and
following a harmonious policy in the child's best interest. Each
party agrees not to impair the other party's rights to shared legal
custody of the child. Each party agrees not to attempt to alienate
the affections of the child from the other party. Each party shall
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notify the other of any activity or circumstance concerning their
child that could reasonably be expected to be of concern to the
other. Day to day decisions shall be the responsibility of the
parent then having physical custody. With regard to any emergency
decisions which must be made, the parent having physical custody of
the child at the time of the emergency shall be permitted to make
any immediate decisions necessitated thereby. However, that parent
shall inform the other of the emergency and consult with him or her
as soon as possible. Each party shall be entitled to complete and
full information from any doctor, dentist, teacher, professional or
authority and to have copies of any reports given to either party
as a parent.
2. Physical custody of the child will be shared equally
between the parties on the following schedule:
a. Father will have custody of the child one
weekend from Friday at noon until Monday at noon and on the next
weekend from Friday at noon until Sunday at noon and every week
from Tuesday at noon until Wednesday at noon. The pickup and
delivery time may be adjusted in the future to acconnnodate the
parent's respective work schedule.
b. Mother will have custody the balance of the
times.
3. The parents will alternate the following major
holidays: Memorial Day, Fourth of July, Labor Day, and
Thanksgiving. The custodial period shall run from 9:00 a.m.
to 8:00 p.m. Father will have custody every Easter and Christmas
and Mother will have custody every Passover and Hanukkah. This
,
custodial period shall run from noon the day before and end two
days later at sun down.
4. Father shall have custody on Fathers's Day from
9:00 a.m. to 8:00 p.m. and Mother shall have custody on
Mother's Day from 9:00 a.m. to 8:00 p.m.
5. The holiday schedule shall take precedence over the
regular custody schedule.
6. Pick up and delivery of the minor child will occur at
Friendly's in Camp Hill, PA.
7: During any period of custody or visitation the
parties to this order shall not possess or use any controlled
substance, neither shall they consume alcoholic beverages to the
point of intoxication. The parties shall likewise assure, to the
extent possible, that other household members and/or house guests
comply with this prohibition.
8. Both parents are entitled to one (1) week of
uninterrupted custody during the year. It is understood that a
week in defined as seven (7) days which must include the parent's
regularly scheduled custodial weekend. Each parent shall provide
the other with thirty (30) days notice of his/her intention to
exercise the extended custody period.
9. Neither parent shall permanently relocate if the
relocation would necessitate a change in the visitation schedule or
if the relocation would exceed a fifty (50) mile radius without a
minimum notice of sixty (60) days to the other parent. The sixty
(60) day notice is designed to afford the parents an opportunity to
renegotiate the custodial arrangements or to have the matter listed
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for a Court hearing.
10. Both parents shall refrain from making derogatory
comments about the other parent in the presence of the child and to
the extent possible shall prevent third parties from making such
comments in the presence of the child.
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RHEA A. METZ
PLAINTIFF
V.
FRANCIS C. METZ
DEFENDANT
IN TIIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
00-3670 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, April 27, 2001
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa F. Greevy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, FA 17011 on Tuesday, May 29, 2001 at 9:15 a.m.
for a Pre-Hearing Custody 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 also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 honrs prior to scheduled hearing.
FOR THE COURT,
By: Isl
Melissa P. Greevy. Esq.tzfJ
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable
accommodations available 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 ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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CUivl8ERLt~~[) COUN1Y
PENNSYLVANIA
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RHEA A. METZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-3670 CIVIL TERM
v.
FRANCIS C. METZ,
CHILD CUSTODY
Defendant
ORDEROFCOURT
,
AND NOW, this _ day of April, 200 I, upon consideration of the attached Defendant's
Petition for Modification of Custody Order, it is hereby directed that the parties and their respective
counsel, appear before ,the conciliator, on the _ day of
,2001, at .m., for a Pre-Hearing Custody Conference. At such
conference, an effort will be made to resolve the issues in dispute or if this cannot be accomplished,
to defme and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All
children age five or older may also be present at the conference. Failure to appear atthe conference
may provide grounds for the entry of a temporary or permanent Order.
BY THE COURT:
Dated:
By:
Custody Conciliator
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 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.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 Liberty Avenue
Carlisle, Pennsylvania 17013-3387
PHONE: (717)249-3166
Document #: 203382.1
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RHEA A. METZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-3670 CIVIL TERM
v.
FRANCIS C. METZ,
CHILD CUSTODY
Defendant
DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY ORDER
1. The Petitioner is Francis C. Metz, residing at 210 Holiday Avenue, Mechanicsburg,
Cumberland County, Pennsylvania, 17050.
2. The Respondent is Rhea A. Metz , residing at 215 Herr Street, Harrisburg, Dauphin
County, Pennsylvania.
3. Petitioner seeks custody of the following child:
Name
Present Residence
Age
Samuel Francis George Metz
Shared Custody Between
Plaintiff and Defendant
1 year 4 months
(D.O.B. 12/10/99)
The child was not born out of wedlock.
The child is present in the custody of Petitioner and Respondent pursuantto Order of
this Court dated June 22, 2000, approving a Stipulation of Custody.
The mother of the child is Rhea A. Metz, currently residing at 215 Herr Street,
Harrisburg, Dauphin County, Pennsylvania.
She is divorced.
The father of the child is Francis G. Metz, currently residing at 210 Holiday Avenue,
Mechanicsburg, Cumberland County, Pennsylvania.
He is divorced.
Document #: 203382.1
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4. The relationship of Petitioner to the child is that of natural father. The Petitioner
currently resides with the following persons: none.
5. The relationship of Respondentto the child is that of natural mother. The
Respondent currently resides with the following persons: Doug Hilbert, Doug Hilbert's wife, Doug
Hilbert's two teenage children at 98 Lone Oak Drive, Marysville, Pa.
6. The parties previously reached a Stipulated Agreement regarding custody to the
above term and number and said Agreement was approved by this Court in an Order dated June 22,
2000. A copy of said Order and Stipulation is attached hereto, marked as Exhibit "A", and
incorporated herein by reference.
Petitioner has no information of a custody proceeding concerning the child pending
in a Court of this Commonwealth or any other state.
Petitioner does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respectto the child.
7. The best interest and permanent welfare of the child will be served by granting
primary legal and physical custody to Petitioner with limited visitation to Respondent for the
following reasons:
(a) Since the Stipulated Agreement was entered into, Respondent has not
exercised her designated time with the child and Petitioner has had the child approximately seventy-
five (75%) percent of the time.
(b) Respondent has been under psychological and/or psychiatric care for mental
and emotional problems. Respondent has threatened and/or attempted suicide on a number of
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Document #: 203382,]
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occasions. Respondent recently threatened suicide when Petitioner objected to Respondent's living
arrangements with her boyfriend and her boyfriend's wife and children.
( c) Respondent has demonstrated instability by making repeated harassing
phone calls to Petitioner and his family threatening harm to herself.
(d) Respondent has threatened to commit suicide either in the presence of the
child or to include the child in such activity.
(e) Respondenthas been engaged in a meretricious relationship with a married
man, Doug Hilbert, whom she met during mental health treatment at Holy Spirit Hospital.
Respondenthas been living with Doug Hilbert and his wife and their two teenage children in the
same household. Respondent has been sharing a bedroom with Mr. Hilbert while his wife sleeps in
an adjoining bedroom all in the same house with Doug Hilbert's two teenage children.
(f) Petitioner has objected to Respondent exposing the child to her immoral and
harrnfulliving arrangement. Respondent has refused to refrain from exposing the child to these
harmful living arrangements and, in fact, intends to move permanently from 215 Herr Street into her
boyfriend's home with the other members of his family still present.
(g) Respondenthas demonstrated emotional instability and has failed to provide
a stable, moral environment for the minor child.
Each parent whose parental rights to the child have not been terminated and
the persons who have physical custody of the child have been named as parties to this action. All
other persons, named below, who are known to have or claim a right to custody or visitation of the
child will be given notice of the pendency of this action and the right to intervene:
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Document #: 203382.1
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Name
Address
Basis of Claim
None
WHEREFORE, Petitionerrespectfullyrequests that this Court grant primary legal and
physical custody to him with restricted visitation to Respondent.
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By ~'6?~
~ R. Hildabrand, Esquire
Attorney LD. No. 30102
P.O. Box 5300
3211 North Front Street
Harrisburg, P A 17110-0300
(717) 238-8187
Attorneys for Defendant
Dated: 117/01
-4-
Document #: 203382.1
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JUN 1 9 2001lJT 1
RHEA A. . METZ
Plaintiff
.' : IN THE COURT OF COMMON' PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 00- 2(.. 70
. : CHILD CUSTODY
(?t"Ot'('T~
FRANCIS C. METZ,
Defendant
ORDER
AND NOW, thi~ day of . 2000, the attached
STIPULATION is hereby approved an Order of this Court.
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RHEA A: METZ
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, I;'ENNSYLVANIA
Plaintiff
vs.
:NO.
tJ6-3b?O C'~/~
FRANCIS C. METZ,
Defendant
:CHILD CUSTODY
ORDER OF COURT
AND NOW, this;J.:;l. day of ~
, 2000, the attached
STIPULATION is hereby approved and made an Order of this Court.
Dated:
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RHEA A. METZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
:No.
FRANCIS C. METZ,
Defendant
: IN CUSTODY
AGREEMENT AND STIPULATION
AND NOW, this
day
, 2000, RHEA A. METZ
(hereinafter referred to as "Mother") and FRANCIS .C. METZ
(hereinafter referred to as "Father") agree as follows:
WHEREAS, Mother and Father are the parents of SAMUEL
METZ, born December 10, 1999;
WHEREAS, Mother and Father live separate and apart and
are desirous of entering into an Agreement and Stipulation
concerning the custody of their son:
NOW THEREFORE, each party intending to be legally bound
agrees as follows:
1. It is the intention of the parties and the parties
agree that they will share joint legal custody of Samuel Metz, born
December 10, 1999.
The parties agree that major decisions
concerning their child, including, but not necessarily limited to,
the child's health, welfare, education, religious training and
upbringing shall be made by them jointly, after discussion and
consultation with each other, with a view toward obtaining and
following a harmonious policy in the child's best interest. Each
party agrees not to impair the other party's rights to shared legal
custody of the child. Each party agrees not to attempt to alienate
the affections of the child from the other party. Each party shall
,,~,;;-
notify the other of any activity or circumstance concerning their
child that could reasonably be expected to be of concern to the
other. Day to day decisions shall be the responsibility of the
parent then having physical custody. With regard to any emergency
decisions which must be made, the parent having'physical custody of
the child at the time of the emergency shall be permitted to make
any immediate decisions necessitated thereby. However, that parent
shall inform the other of the emergency and consult with him or her
as soon as possible. Each party shall be entitled to complete and
full information from any doctor, dentist, teacher, professional or
authority and to have copies of any reports given to either party
as a parent.
2. Physical custody of the child will be shared equally
between the parties on the following schedule:
C',. Fclther ~rillhavec'ustody of \;!'l€' child :lne
weekend from Friday at noon until Monday at noon and on the next
weekend from Friday at noon until Sunday at noon and every week
from Tuesday at noon until Wednesday at noon. The pickup and
delivery time may be adjusted in the future to accommodate the
parent's respective work schedule.
b. Mother will have custody the balance of the
times.
3. The parents will alternate the following major
holidays: Memorial Day, Fourth of July, Labor Day, and
Thanksgiving. The custodial period shall run from 9:00 a.m.
to 8:00 p.m. Father will have custody every Easter and Christmas
and Mother will have custody every Passover and Hanukkah. This
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custodial period shall run from noon the day before and end two
days later at sun down.
4 . Father shall have custody on Fathers's Day from
9:00 a.m. to 8:00 p.m. and Mother shall have custody on
Mother's Day from 9:00 a.m. to 8:00 p.m.
5. The holiday schedule shall take precedence over the
regular custody schedule.
6. Pick up and delivery of the minor child will occur at
Friendly's in Camp Hill, PA.
7. During any period of custody or visitation the
parties to this order shall not possess or use any controlled
substance, neither shall they consume alcoholic beverages to the
point of intoxication. The parties shall likewise assure, to the
extent possible, that other household members and/or house guests
comply with this prohibition.
8. Both parents are entitled to one (I) week of
uninterrupted custody during the year. It is understood that a
week in defined as seven (7) days which must include the parent's
regularly scheduled custodial weekend. Each parent shall provide
the other with thirty (30) days notice of his/her intention to
exercise the extended custody period.
9. Neither parent shall permanently relocate if the
relocation would necessitate a change in the visitation schedule or
if the relocation would exceed a fifty (50) mile radius without a
minimum notice of sixty (60) days to the other parent. The sixty
(60) day notice is designed to afford the parents an opportunity to
renegotiate the custodial arrangements or to have the matter listed
, .
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'-
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for a Court hearing.
10. Both parents shall refrain from making derogatory
conunents about the other parent in the presence of the child and to
the extent possible sha,::. prevent third parties from making such
conunents in the presence of the child.
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Rhea A. Metz
Carol Lindsey, Esquire
Francis C.' Metz
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VERIFICATION
I verify that the statements made in the foregoing Defendant's Petition for Modification
of Custody Order are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904,
relating to unsworn falsification to authorities.
Dated:
0/11 l/0 /
, I
Francis G. Metz
Document #: 203382.1
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CERTIFICATE OF SERVICE
AND NOW, this 12 day of April, 2001 I, Karl R. Hildabrand, Esquire, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Defendant, Francis C. Metz, hereby certifY that I
served a copy of Defendant's Petition for Modification of Custody Order this day by depositing the
same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Judith A. Calkin, Esquire
2201 North Second Street
Harrisburg, P A 17110
Y;:;R~~
Karl R. Hildabrand
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Document #: 203382.1
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Plaintiff
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IN THE COURT OF COMMON PLEAS OF
I
CUMBERLAND COUNrr, PENNSYLVANIA
NO. 00-3670 CIVIL TE~
CHILD CUSTODY
RHEA A. MErZ,
v.
FRANCIS C. METZ,
Defendant
/ ~' ORDER OF COURT I
AND NOW, this ~ day of M '? 1 ,2001, the Order elf this Court dated
June 22, 2000, is hereby modified and amended to include the Stipulation of the parties
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appended hereto. In all other respects the previous Order of this Court shall ~ontinue to remain
in full force and effect.
BY THE COURT:
J.
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Karl R. Hildabrand, Esquire, Attorney for Defendant, Francis G. Metz I
Judith A. Calkin, Esquire, Attorney for Plaintiff, Rhea A. Metz '
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Doc;um~'1r #: 204284.1
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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NO. 00-3670 CIVIL TERM
RHEA A. METZ.
v.
FRANCIS C. MErZ,
cmLD CUSTODY
Defendant
STIPULATION TO MODIFY CUSTODY ORDER
1. On June 22, 2000, an Order was issued by Judge Dler approving the Agreement and
Stipulation of the parties regarding custody" The parties desire to modify and am~d the Stipulation
to include the following provision: "During the times of Plaintiff Rhea A. Metz' s ~hysical custody
i
with the minor child, she agrees that she will not take the child to the home of her boyfriend, Doug
Hilbert, as long as Doug Hilbert's wife continues to reside in said residence."
2. Defendant, Francis G. Metz, intends to continue to pursue his Petition for
,
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Modification of Custody Order filed on or about April 18, 2001, and the entry oftllis Stipulation
shall in no way prevent or affect the continuation of that proceeding.
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Rhea A. Metz !
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Francis G. Metz '
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Witness
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DOG14ment #: 20428./, I
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Plaintiff
J/JN 11 2001~
IN THE COURT OF COMMON PLt=AS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RHEA A. METZ,
vs.
NO. 00-3670
FRANCIS C. METZ,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this 29th day of May, 2001, the Conciliator, having been advised by counsel
for the Plaintiff that the parties have reached an agreement, hereby relinquishes jurisdiction of
the above-referenced custody matter.
FOR THE COURT,
Melissa Peel Greevy, Esquire
Custody Conciliator
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JUN 2 72001tP
RHEA A. METZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-3670 CIVIL TERM
FRANCIS C. METZ,
CHILD CUSTODY
Defendant
ORDER OF COURT
AND NOW, this 4~ay of -----J' \.J DC'
, 200 I, the Order of this Court dated
June 22,2000, and the Order of May 13,2001, (which modified and amended the June 22, 2000,
Order) are hereby modified and amended further to include the Stipulation of the parties
appended hereto. Said Stipulation is approved and issued as an Order of this Court. In all other
respects the previous Orders of this Court shall continue to remain in full force and effect.
BY THE COURT:
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Judith A. Calkin, Esquire, Attorney for Plaintiff, Rhea A. Metz
Karl R. Hildabrand, Esquire, Attorney for Defendant, Francis G. Metz
Document #: 206957.1
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RHEA A. METZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-3670 CIVIL TERM
FRANCIS C. METZ,
CHILD CUSTODY
Defendant
STIPULATION TO MODIFY CUSTODY ORDER
I. On June 22, 2000, an Order was issued by Judge Oler approving the Agreement and
Stipulation of the parties regarding custody.
2, On May 13, 200 I, an Order was issued by Judge Oler modifYing and amending the
June 22, 2000, Order in part and reaffrrmingthe Order in part,
3. Defendant, Francis G. Metz, filed a Petition for Modification of Custody Order on or
about April 18, 2001.
4, By agreement and stipulation, the parties have reached agreement regarding the
Petition for Modification of Custody Order.
5. The parties agree and stipulate to the following terms:
(a) The parties will share joint physical and legal custody of the minor child,
Samuel Metz, born December 10, 1999.
(b) The minor child shall be in the physical custody of the mother, Rhea A.
Metz, from each Tuesday at noon until Friday of that week at noon at which time the child shall be
returned to the father, Francis G. Metz.
Document #: 206957.1
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( c) The remaining provisions of the previously issued Custody Orders dated
June 22, 2000, and May 13,2001, to the extent not inconsistent with the agreement and stipulation
set forth herein, shall remain in full force and effect.
6. Both parties further agree that they will cooperate with one another to facilitate the
implementation of the agreements, stipulations, and Orders in effect to develop and foster a good
relationship between Samuel and both parents.
7. It is agreed between the parties that the minor child will be kept, while in the custody
of each parent, in a smoke-free environment.
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itness
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Witness is r ('j'- 0 I
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FrancisG. Metz r
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Document #: 2069571
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