HomeMy WebLinkAbout97-03109
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: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
V
:CIVIL ACTION - LAr{
~NO. S \ 09 CIVIL
:CUSTODY/VISI-TATION
19Cfl
* fbrnela S, 81iS~
Defendant
ORDER OF COURT
AND NOW, this' (date) <;;,/lilcll , upon consideration of the
attached complaint, it is hereby directed that the Barties and
their respective counsel a pear before \ L \ . .
the conciliator, at . tn '
on the au. day of ....l , 19Q-, ,at ,
P. M.-, for a PreheBring Cust dy 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 temporazy order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatozy. Failure to appear at the conference'may provide
grounds for entry of a tempqra.ry or permanent order.
,
FOR THE COURT:
By:'TIU.cJVl.n..O cI ~~f~
Custody conciliator~) 0
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO on TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
.
RLED-OFFlCE
OF n't: r~!'}TFONOTAAV
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(a) From January 1992 to October 1995, with
Plaintiff and Defendant at 2973 Mourning Dove Circle,
Stow, OH 44224; and
(b) From October 1995 to present, with Plaintiff
and Defendant at 145 Bryce Road, Camp Hill, PA 17011.
The mother of the children is Defendant Pamela S. Bliss,
residing at the above-indicated address.
She is married to, but is or soon will be living separate
from, the Plaintiff.
The father of the children is Plaintiff W. Scott Bliss,
Jr., residing at the above-indicated address.
He is married to, but is or soon will be living separate
from, the Defendant.
4. The relationship of the Plaintiff to the children is that
of father. The Plaintiff currently resides with the following
persons: Defendant Pamela S. Bliss and the parties' children,
W. Scott Bliss, III, Hillary S. Bliss and Andrew L. Bliss.
5. The relationship of the Defendant to the children is that
of mother. The Defendant currently resides with the following
persons: Plaintiff W. Scott Bliss, Jr. and the parties' children,
W. Scott Bliss, III, Hillary S. Bliss and Andrew L. Bliss.
6. The Plaintiff has not participated as a party or witness,
or in any other capacity, in other litigation concerning the
custody of the children in this or another court.
2
Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth.
Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the children or claims to
have custody or visitation rights with respect to the children.
7. The best interest and permanent welfare of the children
will be served by granting the relief requested because,
inter ~, Plaintiff is ready, willing and able to provide a much
more stable atmosphere for the children and the Defendant mother
has, by her words and conduct over the last several months,
attempted to influence the children against the Plaintiff and has
attempted to use the children as a weapon in her dispute with the
Plaintiff with regard to a divorce action Plaintiff has also
commenced docketed to No, 97-1690, Cumberland County Court of
Common Pleas.
8, Each parent whose parental rights to the children have
not been terminated and the person who has physical custody of the
children 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 children will be given notice of the
pendency of this action and the right to intervene: NONE.
liHEREFORE, Plaintiff requests the Court to grant primary
physical custody of the parties' children to Plaintiff, subject to
such periods of temporary custody and visitation with the Defendanb
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8:00 p.m. If the children are not in school, these periods of partial
custody shall be from 5:00 p.m. until 8:00 p.m.
The parties both agree that it is in the best interest of the children that they spend
these periods of partial custody and visitation with their Father. Both parties
further agree that they will take whatever steps are necessary to ensure that the
children spend this custodial time with their Father.
3. The parties shall alternate the major holidays, those holidays being
defined as the Fourth of July, Labor Day, Thanksgiving, Easter, and Memorial
Day. Should these holidays occur on a Friday or a Monday, or over the weekend,
they shall include the entire weekend.
4, The parties shall share the Christmas holiday. Segment A shall be from
Christmas Eve at 5:00 p.m. until Christmas Day at 5:00 p.m.; Segment B shall be
from Christmas Day at 5:00 p,m. until December 26th at 5:00 p.m. Father shall
have Segment A in 1998 and all even years thereafter and Segment B in 1999 and
all odd years thereafter. Mother shall have Segment A in 1999 and all odd years
thereafter and Segment B in 1998 and all even years thereafter.
5. The parties shall evenly share the remainder of the Christmas holiday
which shall commence on December 26th and continue until January 1st each
year, at times to be agreed upon by the parties.
6. Both parties shall be entitled to two uninterrupted non-consecutive
weeks of vacation with the children. Both parties shall provide each other with
thirty (30) days advance notice as to when they intend to exercise those two weeks
of vacation, Father has already chosen the first week of August, 1998, Whoever
provides the other with notice first shall be entitled to that particular week.
7. Father shall have the children on Father's Day and the Father's
birthday, and Mother shall have the children on Mother's Day and the Mother's
birthday. These periods of visitation shall be from 9:00 a.m. until 7:00 p,m.
unless the parties otherwise agree.
8. The parties agree that they shall provide each other with reasonable
telephone access and encourage the children to have telephone access with the
other parcnt.
9. Such other times as the panies may agree.
10. The parties recognize that there ma)' be an on-going need for the
minor children and the Father to engage themselves in counseling, 'The panies
agree that they shall continue with those counseling sessions which have occurred
with Dr. Delenne. Both panies shall endeavor to cooperate with each other to
ensure that these sessions are completed when needed, 'nle cost of the counseling
sessions shall be shared on a pro-raw basis in accordance with the parties'
incomes. The panics agree that the pro-rata basis shall be 711% responsibility of
Father and 22% responsibilit)' of Muther uf all)' costs atier appliclItioll of
appropriate insurance.
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W. SCOTT BLISS, JR. . IN THE COURT OF COMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
v. . CIVIL ACTION - LAW
.
NO. 97-3109
PAMELA S. BLISS, .
.
Defendant . CUSTODY
.
PRAECIPE TO ENTER APPEARANCE
TO: Prothonotary
Cumberland County
1 Courthouse Square
Carlisle, PA 17013
Please enter our appearance on behalf of the ,Defendant,
Pamela S. Bliss in the above-captioned matter.
WIX, WENGER & WEIDNER,
a Profes onal Corporation
.
DATE: June 19, 1997
.
W. SCOTT BLISS, JR. . IN THE COURT OF COMMON PLEAS
.
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v. . CIVIL ACTION - LAW
.
. NO. 97-3109
.
.
.
PAMELA S. BLISS, .
.
Defendant . CUSTODY
.
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Praecipe To Enter
Appearance was sent by first class, postage prepaid mail this day
to the following:
Bruce F. Bratton, Esquire
Martsolf & Bratton
2515 North Front Street
P.O. Box 12106
Harrisburg, Pennsylvania 17108-2106
(717) 236-4241
WIX, WENGER & WEIDNER,
a profe~sional Corporation
I
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7
n n ID #52653
a Street
17108-0845
June 19, 1997
W. SCOTT BLISS, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-3109
v.
PAMELA S. BLISS,
Defendant
CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
AND NOW, this 18th day of June, 1997, personally appeared
before me, a Notary Public in and for the State and County
aforementioned, Bruce F. Bratton, Esquire, who, being duly sworn
according to law, deposes and says that a copy of the Complaint for
CUstody in the above-referenced custody action was served on the
Defendant on June 14, 1997, by Certified Mail No. P 649 937 762,
return receipt requested, restricted delivery, as evidenced by the
return receipt card attached hereto and made a part hereof.
ffJA+-,
Bruce F. Bratton, Esquire
Sworn to and subscribed to
before me this~)Y4day of
I. >...J ~- , 1997.
..1,/"7
;::;//<;~~ <,' ? /).--:-.--<"!/,,-
Notrry Pu~c /
HOTAIllAL SeAL
NANC'/ E, ROACH, Notary PublIc
Horri.burg. Oauptlln County. PA
My Commin.on e.pire. Jon. 29. 2001
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children and Father must be involved in counseling in order to effectuate
a regular and consistent schedule. TIle minor children and the Father
shall engage themselves in counseling so ns to work townrds a set
schedule which should include a contact during the week nnd contact
every other weekend at a minimum.
The pnrties shall agree upon the counselor who should be
involved with the children nnd Father. If the pnrties cnnnot otherwise
agree, the counseling should be completed by Reigler Shienvold
Associates. The children should be involved in atlenst four to six
sessions with their Father between now nnd the next scheduled
conciliation conference. Both pnrties will endeavor to cooperote with
each other to ensure that these sessions are completed. The children are
specifically instructed that they shall cooperote with aUending these
sessions nnd pnrticipating in them ns well.
The counseling sessions shall be shared on a pro-rota bnsis in
accordnnce with the pnrties' incomes. The pnrties agree that that pro-rota
bnsis shall be 78% responsibility of Father, nnd 22% responsibility of
Mother of nny costs after application of appropriate insurance.
3. The pnrties shall engage in mediation with each other to help them
work through these custodial issues. The pnrties shall agree upon nn appropriate
mediator to help them work through these issues. If the pnrties cannot otherwise
w. SCOTT BLISS, JR.,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-3109
PAMELA S. BLISS,
Defendant
CUSTODY
PLAINTIFF'S PETITION TO ENFORCE AND/OR FOR CONTEMPT
1. petitioner is W. Scott Bliss, Jr., Plaintiff in the
above-captioned custody matter.
2. Respondent is Defendant Pamela S. Bliss, Defendant in the
above-captioned custody matter.
3. As a result of conciliation conferences held in this
matter, an Order was entered by agreement of the parties on June 5,
1998.
A true and correct copy of the said custody Order
establishing visitation schedules and rights of the petitioner is
attached hereto and marked as Exhibit "A".
4. Despite Petitioner's requests that the said Order be
complied with, the Respondent has failed and refused, and continues
to fail and refuse, to abide by the terms of the Court Order, as a
result of which the children of the parties, especially the
parties' daughter, Hillary, has not been made available for the
exercise of the father's visitation rights, including the following
incidents and dates:
(a) On the weekend of June 26-28, 1998, when the
daughter was to be in the temporary custody or visitation
of the father, Respondent interfered with father's
visitation by scheduling activities which conflicted with
father's time, resulting in father's having spent only
the evening of June 26 with his daughter, Hillary. When
the Petitioner objected, the Respondent accused him of
being "an asshole".
(b) On the evening of Wednesday, July 1, 1998, the
daughter, Hillary, was not available when the Petitioner
arrived to pick her up for an evening visit.
(c) On Friday, July 10, 1998, when Petitioner
appeared to pick up the children for a weekend visit
during the weekend of July 10-12, the daughter, Hillary,
was not available because, with her mother's approval,
she left the area with friends and never appeared for any
part of the weekend visitation.
(d) On the evening of Wednesday, July 15, 1998,
when Petitioner appeared at Respondent's home for his
weekday evening visitation, the daughter, Hillary, was
not available because, with the mother's approval, had
been permitted to go to a movie and, therefore, be
unavailable for the weekday evening visitation with her
2
father. When the father objected, Respondent mother said
she will do everything possible to ensure that the
Petitioner-father "will never see Hillary again".
(el On the weekend of July 24-26, 1998, when the
children were to be in the temporary custody or
visitation of the father, Respondent interfered with
father's visitation by scheduling activities which
conflicted with father's time, resulting in father's
having spent only disrupted time with his children.
5. The Respondent-mother's attitude and behavior has been
and continues to be one designed to interfere with the Petitioner-
father's access to his children, maintenance of an open
relationship with his children and encouragement of contact with
and visits between Petitioner-father and his children, all with the
intent of using the children as a weapon and in an effort to
destroy or interfere with the development of a normal father-child
relationship between the Petitioner-father and his children,
especially the daughter, Hillary.
WHEREFORE, Petitioner respectfully requests that a hearing be
held in this matter as soon as is practicable and that, after
hearing, this Honorable Court enter an Order:
(al Holding the Respondent in contempt for willful
violation of and interference with the Order dated
June 5, 1998;
3
(bl Awarding primary physical custody of the
parties' minor children to the petitioner subject to such
reasonable periods of temporary custody and visitation by
the Respondent as the Court deems to be appropriate under
all of the circumstances;
(c) Awarding the Petitioner-father his reasonable
attorneys' fees; and
(dl Granting such other relief as this Honorable
Court deems to be just and appropriate under all of the
circumstances.
Respectfully submitted,
Date 1 Arf- f~
By
Bruce F. Bratton, Esquire
Pa. Attorney I.D. No. 23949
2515 North Front Street
P. O. Box 12106
Harrisburg, PA 17108-2106
(717) 236-4241
Attorneys for Plaintiff
4
8:00 p.m. If the children are not In school, these periods of partial
custody shall be from 5:00 p,m. until 8:00 p.m:
The parties both agree that it is in the best interest of the children that they spend
these periods of partial custody and visitation with their Father. Both parties
further agree that they willtnke whatever steps are necessary to ensure that the
children spend this custodial time with their Father.
3. The parties shall alternate the major holidays, those holidays being
defined as the Fourth of July, Labor Day, Thanksgiving, Easter, and Memorial
Day. Should these holidays occur on a Friday or a Monday, or over the weekend,
they shall include the entire weekend.
4. The parties shall share the Christmas holiday, Segment A shall be from
Christmas Eve at 5:00 p,m. until Christmas Day at 5:00 p,m.; Segment B shall be
from Christmas Day at 5:00 p.m. until December 26th at 5:00 p,m. Father shall
have Segment A in 1998 and all even years thereafter and Segment B in 1999 and
all odd years thereafter. Mother shall have Segment A in 1999 and all odd years
thereafter and Segment B in 1998 and all even years thereafter,
5, The parties shall evenly share the remainder of the Christmas holiday
which shall commence on December 26th and continue until ];muary I st each
year, at times to be agreed upon b)' th~ parties,
6, Both parties shall be entitled to two uninterrupted non-consecutive
weeks of vacation with the children. Uoth parties shall provide each olher with
5. The PlaintilT's position on custody is as follows: Mother has interfered with the
custodial situation primarily as it relates to Hillary. Father believes that the Mother has
interfered with his custodial schedule by allowing or permitting Hillary to schedule activities that
conflict with his time. Father believes this is an on-going pattcrn and is concerned that his
custodial rights will be interfered with on a regular basis.
6. The Defendant's position on custody is as follows: Mother believes that the Father
does not recognize the needs of thcir teenage children in that they havc rcgular activities that are
planned. These include activities with school, jobs, and activitics with fricnds. Mother dcnies
that she has purposely schcdulcd thcse activitics on Fathcr's weekends but believes that Father
needs to be more flexible with the scheduling to accommodate his teenage children.
7. Need for separate counsel to represent child(ren): Neither party requested,
8. Need for independent psychological evaluation or counseling: None requested and the
Conciliator does not believe any is necessary.
9. A hearing in this matter will take two hours.
10. Other matters or comments: This is a case that has come a long way from its
inception with this Conciliator. The unfortunate aspcct of the case is that the parties are
seemingly unable to communicate to this day. TIle allegations raised by each party clearly
indicate that the parties have an inability to communicate in that they cannot adjust these
schedules to the needs of their teenage children. On the one hand, Father does not seem to
understand or recognize that the children have regular activities that may conflict with his time,
Given the history of the case, it is understandable that Father wants to make sure that he has as
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-3109
W. SCOTT BLISS, JR.,
Plaintiff
PAMELA S. BLISS,
Defendant
CUSTODY
STIPULATION
It is hereby stipulated and agreed by and between the parties
to the above-captioned matter and their respective counsel as
follows:
1. The parties jointly request that the hearing on the
Plaintiff's petition for contempt which had been scheduled for
December 14, 1998 be postponed to a date to be selected by the
Court no earlier than April 1, 1999 and request that the said
hearing be rescheduled for the month of April, 1999 if possible.
2. Defendant Mother and the parties' children, Scott,
Hillary and Andrew, shall be required to attend a counseling
session at the office of Jose A. Delerme, M.A., currently scheduled
for January 8, 1999.
3. The children shall attend additional counseling sessions
along with the Plaintiff Father currently scheduled for January 21,
February 4, February 18, March 4 and March 18, 1999.
4. Jose A. Delerme, M.A. shall report directly to the Court,
and, concurrently, notify the parties and their counsel, of the
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father's home at 4705-A Charles Road, Mechanicsburg, PA 17055, and
the minor child, Hillary S. Bliss, has likewise been residing with
her father at her father's home at 4705-A Charles Road,
Mechanicsburg, PA 17055 approximately half of the time. The
eldest child, W. Scott Bliss, III, has attained the age of majority
and is attending college at Purdue University in West Lafayette,
Indiana.
6. The relationship of the Plaintiff/Petitioner to the
children is that of father. The Plaintiff/Petitioner currently
resides with the minor children, Hillary S. Bliss and Andrew L.
Bliss.
7. The relationship of the Defendant/Respondent to
the children is that of mother. Plaintiff/Petitioner believes the
Defendant/Respondent currently resides alone.
8. Plaintiff/Petitioner has not participated as a party or
witness, or in another capacity, in any other litigation concerning
the custody of the children in this or in any other court except
for the instant proceedings. Furthermore, Plaintiff/Petitioner has
no information regarding any custody proceeding concerning the
children pending in any other court of this Commonwealth or in any
other jurisdiction.
9. Plaintiff/Petitioner does not know of any person not a
party to these proceedings who has physical custody of the children
or who claims to have custody or visitaticn rights with respect to
the children.
10. The best interest and permanent welfare of the children
will be served by granting the relief requested because the
2
children have developed a close bond with their father, the
Petitioner, and have expressed an interest in and determination to
reside primarily in the home of the Plaintiff/Petitioner who is
full well ready, willing and able to provide for their daily
physical, educational, medical, social and psychological welfare,
or to reside with each parent on a more or less shared basis.
11. Each parent whose parental rights to the children have
not been terminated and all persons who have physical custody of
the children have been named as parties to this action.
WHEREFORE, Plaintiff/Petitioner respectfully requests your
Honorable Court to modify the existing Custody Order so that
the Plaintiff/Petitioner be granted primary physical custody of the
parties' minor child, Andrew L. Bliss, with such periods of
temporary custody or visitation granted to the Defendant/Respondent
as the Court deems to be appropriate, and that the parties share
equally the custody of Hillary S. Bliss.
Respectfully submitted,
Date J~ JelL 0 J
V
By
B uce F. rat n, Esquire
Pa. Attorney I.D. No. 23949
2515 North Front Street
P. O. Box 12106
Harrisburg, PA 17108-2106
(717) 236-4241
Attorneys for Plaintiff
3
8:00 p.m. If the children are not in school.thcse periods of partial
eustody shall be from 5:00 p.m. until 8:00 p.m:
The pnrties both agree that it is in the bcst interest of the children lhatlhey spend
these periods of partial custody and visitation with their Father. Iloth parties
further agree that they will take whatever steps are necessary to ensure that the
children spend this custodial time with their Father.
3. The parties shall alternate the major holidays, those holidays being
defined as the Fourth of July, Labor Day, 11lRnksllivinll. Easter, and Memorial
Dny. Should these holidays occur on a Friday ur a Monday, or over lhe weckend,
they shall include the entire weekend.
4. 11le parties shall sharc the Christmas huliday. SCllmcnt ^ shall be from
Christmas Eve nt 5:00 p.m. until Christmas Day at 5:00 p.m.; Scltmentll shall be
from Christmas Day at 5:00 p.m. until Deeemher 26th at 5:00 p.m. Father shall
hnve Segment ^ in 1998 and all even years lhereafier and Segmentll in 1999 and
all odd years thereafier. Mother shall have Sellment ^ in 1999 nnd all odd yenrs
therenfier nnd Segment 13 in 1998 and nil even years therenfier.
5. The pnrties shnll evenly share the remainder of the Christmns holiday
which shall commence on Decemher 26th and continue until Janunry 1st each
year, nttimes to be allrecd upon h> the parties.
6. noth partics shall be entitled to two uninterrupted non-consecutive
weeks of vacation with the children. nuth parties shall provide each other with
thirty (30) days advance notice as to when they intend to exercise those two weeks
of vacation. Father has already chosen the first week of August, 1998.-Whoever
provides the other with notice first shall be entitled to that pnrticular week.
7. Father shall have the children on Father's Day and the Father's
birthday, and Mother shall have the children on Mother's Day and the Mother's
birthday. These periods of visitation shall be from 9:00 a.m. until 7:00 p.m.
unless the parties otherwise agree.
8. The parties agree that they shall provide each other with reasonable
telephone access and encourage the children to have telcphonc access with the
othcr parent.
9. Such other timcs as the parties may agree.
10. The parties recognize thatthcre may be an on-going necd for the
minor children and tho Father to engage themselves in counseling. Thc parties
agree that they shall continue with those counseling sessions which have occurred
with Dr. Delemie. Both parties shall endeavor to cooperate with each other to
ensure that these sessions are completed when needcd. 11le cost of the counscling
sessions shall be shared on a pro-rata basis in accordance with the parties'
incomcs. The parties agrce that the pro-rata basis shall bc 78% responsibility of
Father and 22% responsibility of Mother of any costs afier application of
appropriate insurance.
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W. SCOTT BLISS, JR.
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-3109 CIVIL TERM
PAMELA S. BLISS,
Defendant
CUSTODY
ORDER
AND NOW,
this
L.:~ II
day of
~,
2001,
upon
consideration of the within Stipulation, it is hereby ORDERED AND
DECREED that such Stipulation is hereby adopted as the Custody
Order of this Court, modifying and replacing the Order of June 5,
1998, as provided in such
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v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-3109 CIVIL TERM
W. SCOTT BLISS, JR.
Plaintiff
PAMELA S. BLISS,
Defendant
CUSTODY
STIPULATION
The parties to this custody action hereby stipulate and agree
as follows:
1. The Custody Order dated June 5, 1998 shall be modified so
as' to provide for custody and visitation as hereinafter described.
2. The parties desire that the Court enter an Order
incorporating the terms of this Stipulation as a Custody Order in
this matter.
3. As to the parties' minor son, Andrew L. Bliss, the
parties shall continue to share legal custody of such child; Father
shall enjoy primary physical custody of Andrew L. Bliss, subject to
the following periods of temporary custody or visitation to be
exercised by Mother:
(a) On alternating weekends from Friday evening at
5:00 p.m. until Sunday evening at 5:00 p.m.;
(b) Thursday evenings each week from 5:00 p.m. to
8 :00 p.m.;
4. As to the parties' daughter, Hillary S. Bliss, the
parties shall continue to share legal custody of such child;
Mother shall enjoy primary physical custody of Hillary S. Bliss,
during the school year, subject to the following periods of
temporary custody or visitation to be excercised by Father: