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HomeMy WebLinkAbout97-04347 .~ .... ~ ~ ~ ~ "l ~ .~ '\i 1t ~ ~ j ) i I ! 1 1 ! ! I 1 I I ) . ~ ) / '\.. , ,~ ~ RICHARD VANADIA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 97-4347 CIVIL TERM PENNY VANADIA, Defendant CIVIL ACTION - CUSTODY IN RE: CUSTODY STIPULATION ORDER OF COURT AND NOW, this 19th day of March, 1998, after hearing, and it appearing to the Court that the parties have reached an agreement on all but a few of the terms of the following order, it is ordered and directed as follows: 1. Mother and Father shall have shared legal and shared physical custody of their minor child, Mariah Vanadia, age two (2), whose date of birth is April 18, 1995. 2. For purposes of this order, shared physical custody is defined as assuring the child of frequent and continuing contact with both parents. For purposes of this order, shared legal custody shall be defined as an arrangement whereby the parties shall consult with each other regarding any and all major decisions in the minor child's life, including but not limited to medical, educational, and religious decisions. 3. Father shall have partial custody with the minor child as follows: A. Alternating weeks from Wednesday at 7:00 p.m. until Sunday at 1:30 p.m., beginning March 25, 1998. B. Alternating weeks from Wednesday at 7:00 p.m. until Friday at 7:00 p.m., beginning April 1. 1998. 4. With respect to holidays, the parties shall share custody of the minor child as follows: A. In 1997 and all odd numbered years thereafter, Mother shall have custody of the minor child on Christmas Eve, Christmas Day and December 26, and Father shall have custody of the minor child on December 27 and 28. In 1998 and all even numbered years thereafter, Father shall have custody of the child on Christmas Eve, Christmas Day and December 26, and Mother shall have custody of the child on December 27 and 28. Custodial periods shall begin at 10:00 a.m. Father shall be entitled to keep the child overnight during his custodial periods. B. In 1997 and all odd numbered years thereafter, Father shall have custody of the minor child on New Years Eve Day, New Years Day and January 2, and Mother shall have the child on January 3 and 4. In 1998 and all even numbered years thereafter, Mother shall have the child on New Years Eve Day, New Years Day and January 2, and Father shall have the child on January 3 and 4. CUstodial periods shall begin at 10:00 a.m. Father shall be entitled to keep the child overnight during his custodial periods. C. In 1997 and all odd numbered years thereafter, Father shall have custody of the child on the day before Thanksgiving, Thanksgiving Day, and the day after Thanksgiving, and Mother shall have custody for the two subsequent days. Custodial periods shall be from 10:00 a.m. until 7:00 p.m. and Father shall be entitled to keep the child overnight. In 1998 and all even numbered years thereafter, Mother shall have custody of the minor child on the day before Thanksgiving, Thanksgiving Day, and the day after Thanksgiving, and Father shall have custody for the two subsequent days. Custodial periods shall begin at 10:00 a.m. Father shall be entitled to keep the child overnight. D. In 1999 and subsequent odd numbered years, Mother shall have custody of the minor child on the day before Easter, Easter Day and the day after Easter, and Father shall have custody of the child for the two subsequent days. Father shall be entitled to keep the child overnight and custodial periods shall begin at 10:00 a.m. In 1998 and subsequent even numbered years, Father shall have custody of the minor child on the day before easter, Easter Day and the day after Easter, and Mother shall have custody of the child for the following two days. Father shall be entitled to keep the child overnight during this period. E. With respect to the 4th of July, Labor Day and Memorial Day, the parties shall alternate those holidays with Mother to have the child on Memorial Day 1998, Father to have the child on the 4th of July 1998, and Mother to have the child on Labor Day 1998, Father to have the child on Memorial Day 1999, and so on. Father's periods shall run from 10:00 a.m. to 7:00 p.m. 5. Mother shall provide all transportation in connection with the partial custody as long as Father does not have access to a vehicle. This provision does not apply to public transportation. The specific arrangements regarding pickup and drop off locations are to be mutually agreed upon by the parties. Father agrees to use his best efforts to secure a vehicle or access to a vehicle, and upon doing so agrees to share the transportation responsibility with Mother. If father has not obtained means of transportation within 6 months, this matter will be reviewed by the Court upon request of either party. 6. Irrespective of any other period of partial custody set forth herein, the father shall be entitled to partial custody with the child on Father's Day weekend from Saturday afternoon at 4:00 p.m. until Sunday afternoon at 4:00 p.m. 7. Each party shall be entitled to an uninterrupted one (1) week period of summer vacation with the child upon at least thirty (30) days notice to the other party. Each party shall be required to notify the other of the vacation location, provide a telephone number where the child can be reached to the non-custodial parent, and ensure that the child places one completed telephone call to the non-custodial parent during the vacation week, at a time to be mutually agreed upon by the parties. 8. In connection with the definition of shared legal custody, the custodial parent shall be responsible at all times for informing the non-custodial parent of school assignments, special projects, or any extracurricular or scholastic special events the child may be attending. 9. Mother shall be entitled to take the child to a Christian church during Mother's custodial weekends and it is understood that the child will be learning Christian teachings as set forth in the Bible. Father will refrain from speaking about the church attendance and teachings to the minor child in a derogatory or unfavorable light. Mother will refrain from speaking about race, gender, and/or ethnicity, to the child in a derogatory or unfavorable light. 10. Father shall keep all pornographic materials away from the child and shall not view or use any such materials while the child is in his custody. 11. The parties shall make their respective Johnson, Duffie, Stewart & Weidner By: Keirsten L. Walsh I.D. No. 78243 301 Market Street ~, P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 s (I : . Attorneys for Plaintiff '/ .~ .... RICHARD VANADIA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t P1!intiff ; NO. 97-4347 C!VIL TERM vs. : PENNY VANADIA, CIVIL ACTION. CUSTODY Dflfendant CUSTODY STlPULA TION '- AND NOW. this 19 day of "epic", ber ,19&7, it is agreed by and between RICHARD VANADIA (hereinaftar referred to as "Father"I and PENNY VANADIA (hereinaftt'r referred to as .Mother"), as follows: 1. Mother and Father shall have shared legal and shared physical custod( 0; their minor child, Mariah Vanadia, age two (21, whose date of birth is AprillB, 1995. ;0 I 2. for purposes of this Agreement, shared physical custody is~~efined .Ii an agreement or order assuring the chUd of frequent and continuing contact with both ppents. For purposes of tMs Agreement, shared legal custody shall be defined as an arrangemflnt whereby the parties agree to consult with each other regarding any end all major decision!' i!l the minor chile", r:ffl: :'chlding but not Umitod to. medical, educational, and religious ltecislons. ') ..II .. ~ ~ I \ ) 3. Father shall have partial cu~tody with tho minor child as follows: A, Father shall have custody of the minor child on alternate weekends from 10:00 a.m. on Saturday mornings until 6:00 p.m. on Sunday evenings. B. 4. During thll wllek wh..n Father has custody of the child on the wellke,ld. Father shall also have custody of the child on Tuesdays and TI,ursdays frorr, af!er Mother'! work (approximately 6:30 p.m.) until after ivtctloer'," activities lapproJ<imatelY lJ:O',i ;'.'1'.'. l'>hOuld Motner stO~ t,articipeting ;n hilr Gul~ll:l, activities, or should those activities be cancelled on a p\lrticular evenint: 'or whatflver raason. Father's custodial period shall run at leaft until 8:00 p.m. ,.. ". [luring tnl! week whe!l Fathe~ does not have custod~' ci the child on the weel;em.4, ~ather sha!1 have custody of the r:\;nor child on Tuesdays after Mother's work (approximately 6:30 p.m.) ovemigh: until Wednesdays after Mothe:'s work (approximatel\' 5:30 p.m.). !'or examplt, It typical two (2) week cycle would run as follows: Monday - with Mother; Tue~day _ with Fatner from 5:30-9:00 p.m.; Wednesday - with Mother; Thursdlrl - wit'! Father from 5:30-&:00 p.m.; Friday - with Mother; Saturday - with Father from 10:00 a.m..6:00 ;I,m. Sunday; t Monda\' . with Mother: Tuesday .. with Father from 5:30 p.m. - 5:30 p.m. on Wednesday; ~ Wednesdllf - with Mother from 5:30 p.m.; Thursday - with Mother; Friday - with Mother; So.!urclay - wit" ''''oth6r: St"'ct..~' - with Mother; with the two (2) week cycle to repeat. I I I I I { t With respect to hoIiday,-. the parties agree to share custody of !he minor chlkl as followt: A, I,~ 1997 and !\II odd numbered years thereafter. Motheuhall have custod\' of tile minor child on Christmas Eve, Christmas Day and December 26, enci Father _haft have custody of the minor child on December 27 and 28. In 1998 and all even numbered years thereafter, Father shell have custody of the child en Chrbtmas Eve, Chrilltmas Day and December 26. a~ot!W.~haIl have ~\ the chl:d on December 27 and 28. C\lst~1 ~s ~~~10:00~" ..... Father shall be Mti1tld to ke"ll the c:hlld overnight during his custodial periods. .' r. \ , t ~ ~ I I I . B. In 1997 and all odd numbered years thereatter, Father shall have custody of the minor child on New Years Eve Day, New Years Day and January 2, and Mother shall have the child on January 3 and 4, In 1998 and all even numbered years theraafter, Mother shall have the child on Nt'w Years Eve Day, New Years Day and ~n~~~;n:.:ather shall pa~f Jtic-h;ltl on Januar/ 3~ line! 4. Custodial pEriodS ~~a I 1(1;00 a.m. :.Mit":1::~1A aAll Fat~1 sha!! ;,'.. entitlp.<:l to keep the child ovemighl. C. In 1937 and all odd Ilumbf,ree years ther..a!trr. Fathr" . hall have custody of the l'.hild on the day beforll Thankslli :;ng, Tl' olnksg;v:n: Da i and the day alter Thal'ksgiving, /lnd Mother shall ha\'c eust'Jdy for tha lW:J sU1.osequent days. Custodial prrioos shall IY.l from 10:00 a.n, \'r, . 7:lXI r.l'.. and father shall be entitled to keep the child overnight. ' 99: lOIv. 11.' 8Vll"I nur.1bere<:l years thereafter, Mother shall have custody Of' lhe minc.r child on the day before Thanksgiving, Thanksgiving DZV and th'l na~' aflr." Tha~~~ Father I\ha!1 have custody for the two subsequent day., CU!ltccfll'l ~ s~~l1r~ 10:00 8.~ Fathu: shall be entitled to keep fll.~child ovemil.'ht. D. In 1999 and subsequent c;dC! nurr.berft ~oelIrS, Mathe- st.1:~ hl:vo custody of the minor child on the day t.-eforr Eester, East..,. Oil, and tlW' day after Easttr, and Father shall have custody of the child fev 1:\t tWC' l\fIlitqu"il1aYli. Fath" shall be Mtitled to keep t!le chile ovcmip.ht and l:IJst01ial J~ r~~'te~ 10:00 a.r.:. ~. In 199B an'! subsequenl even numbers( years, Fathet shall !'alive ~st~f the minor child on the oay befolll' Easler, Easter Day and the day after Eastllf, and Mother shall have custod'{ l'f the chill! fof-:the followirog two daYs. Father shall be entitled to keep the child ClVemig/'. ~uring thl, oriod. ", E, With respect to t!'le 4" of July, Laoor Day atY. MeniOna! Day, 1M ,wtIes $hall alternate those holiday, with Mothf" to ha'/8 ttw clulei on Mem?rial Day 1938, Fathllf to have the child t\Il the 4" Or July 1998, l'nd Mother to have the child on labor Day 199B, Fathe:' to have th~ chiIo~ on Memorial Day 1999, and 10 "". Father's periods shar. run frt'r.1 10:00 a.rr., 17:<.'0 p.m. i I ~ 6. n.e parties agree that Mother shan provide all transportation In connection with this I agreement as long as Father does not have access to a vehicle. This provision does not apply to pUblic transportation. The specific arrangements regarding pickup and drop off locations are to be mutually agreed upon by the parties. Father agrees to use his best efforts to secure means of transportation and upon doing so, "greEls !" shAre ~h" transportation responsibility with Mother. (.. ... Both Jlarents shall be Elntitlfod to spend time with the minor.child within two 121 days -:-f ""Eo cN:c.s lJirtndui. ~ ~ Eo. Wnol,' Father', birthday falls on a Monday through Friday, Father shall have custody rf the child frorr. when Mother leaves for work in the morning until Mother returns nom<! frot'" work in the evening. When Fathe~s birthday falls on a Satu:day or C;unday, Fati-.~r shall have cu::tody from 10:00 a.m. until 7:00 p.m. C, If Molltar'.. birthday falls during one of Father's custodial periods, Father shall fMere nis custodial period II? that the child can spend time with Mother. 7. Tne chtld shall be entitled to s~ Mother's Day with Mother and Father's Day with Father, from 10:0(\ ....M. unt~ 7:00 p.m. 8 Eacn party shall be entitlold to an uninterruptoc! one III week period of summer vacation . with.",. child C~ ,,, bar. t~:rtv 130; days notice tl> the other party. Each party. shall be required to ~ ' notify the other of tho! ...catior. location. provide a telephone number where the child can be reached to i the non-custod~1 parent, and ensur<!' .that the child places one cotn;lleted telephone call to the non- ! custodial P!'rent durino the vacation wer.k, at II ti~ to be mutually agreed upon by the parties. I &. Ir cllMection with the definition \If sharetJ leoal custody, the custodial parent shan be PJsponsible at all timet hr informing the non-custodlal parent of school assignments, :lpecial projects, or any extracurricular 'V s~h':llastic spe.:ial events tM c:.'1ild may be attending. 10. Mother shal. be entitled to take the child to a Christian church during Mother'. custudiel weekends end it is undentood th!!t the cre1d will ~ l~a"'lOq Christlen teachings as set fanh In tha Bible. ,C Father agrees that hl' will refrain from speaking about the church attendance and teachings to the minor child in a derogatory or unfavorable light. Mother agrees that she will refrain from speaking about race, gender, and!or ethnicity, to the child in a derogatory or unfavorable light. 11. The parties agree that there shall not be any public displays of affection between. themselves and any other person, excepting immediate relatives, while in the presenca of the minor child. The parties further agree that persons whom the rarties ara dating or are romantically involvlld with shall ~ not De presen: during periods of custody. .t is contemplated by the parties that at some point in the ;. future the\, may enter a long-term romant:.:: relationship with another and want the minor child to lTIef:t that persor.. In the event tilat a party has dated a partner for a substantial period of time, and there is a commitment to a perrmment, monogamous relationship. tha parties agree that they will inform each other of that "0 ttlllt the~ may "rranlla for the minor child to interact with that persor.. A substantial period of time shall be defineo as one (1) year, unless after a good faith examination of the situation, the p!!rties i agree t~t ,~ would bfl appropriate to introduce the minor child to that person. However, in no event shall either 01 the parties introouce the minor child to a person with whom they have a permanent, monogamous relationship of less than nine 191 months. The parties specifically agree not to expose the ~ rrinor cl1il1 ... ('-"sua: romantic partners, or people they are casually dating. 1 ~ Father agrees to consolidate any and all pomographic materials including, but not limited to, mdgazin...s, DOCks and/or videotapes, In one central location, and to keep such materials out of the reach of the chilo. F,thl"r f\lrther agrees to refrain from viewing and/or utilizing such material~ while the ~ child is in hi" custod.., I 1::-. The partl,,: agree to make their respective residences as "baby proof" as possible, and \0 devotll thlltr full attention to the child when she is in their custody. Furthermore, the natural parent shall be the child's orimary caregiver and shall assume primary responsibility for the child when in that parent's custody. This shall not be construed to prevent Mother from use of a babysitter for occasional social engagements th.t lTIPy exten1 ~yond the child's bedtime, however, Father shall be given the right of first refu!'a.. J 4. Neither party shall remove the child from the Harrisburg area without giving r..sonal'le notice to the non-custodial parent. \ ,~ 15. The parties agree to promote and fr.cilitate reasonable teiephone contact between the millor child and the non-custodial parent and agree to refrain from speaking about the non-custodial . parent in a derogatory, offensive, or unfavorable light while in the presence, of the minor child. Mother spccificl\II'I' agrees to refrain from speaking about Father's sexual orientation, in connection with Father, in a derogatory or offensive light to the minor child, It is contemplated by the parties that at some point in thr. future Father's sexual orientation will be addressed witt. th. r.hi!~. When thtt tim6 arises and when the child is capable of thoughtful understanding, the pa:t:,,'j agre...to w(,\r.', together in ,'rder to 9ddress t"e !:ituation, and may enlist the !:ervices Il: an exrert in o~dllr ,0 pr.,mot~' the well are and best iNere~l$ (,\1 the child. 16 During any period of custody, the custodial Darent aqreu to refr!lic. '10m USing drugs or alcoho! t.:l the point of intoxication or impairment in the presence of the child and shall p,,~ure to every I extent possible that no guests use drugs or alcohol to thO;! p.')in' ('f irat' . ',.,,~i"n 'I"! t"e o:htl:2's presence either. 17. This is the minimum amount of partial custody for F. (he', ..nd ,th, f to expand upon this schedule. · I ::~'til;l> art: Ilncouraged 1 S. The parties agree that this accordance with the laws of Pennsylvania. Custody Stip'Jlation "l1all L.' su",(o" modification in ~ I l D.~. I " , 9. The parties intend that this Stipulation be madtl intu 8'1 Oroer C'f C~' . " 9/11/99 I I 9J.;J~i ~ j : J 1!k!YYL Richard "a " ,,~ \ ("\ '~'..:w.9 \4 n '", n.k.. ~,;'~ia Date: (\ \ \q\q, . . ,H020 " 6, On February 12, 1998 Respondent's allorney contacted Petitioncr's attorney and suggested that the file us in pending litigation be lirston the custody plan. in light of Respondent's upcoming move and the need to resolve that issue promptly. 7, Respondent's new position will be a promotion within her company which will prmide greater job S\.'Curity. a small annual increase with the mow and is expected to be accompanied by an additional increase in salary following a satisfactory performance review \\hkh is expected to take place in the next three to six months. thus providing an improved ljuality oflifc, 8, Respondent's current position in Harrisburg is expected to be eliminated in the next six to twelve months. 9, Respondent has been with her employer for three years and there is no opportunity lilr a promotion in the local area \\ith Respondent's employer, 10, Petitioner collects disability for chronic fatigue syndrome or chronic immune ddicienq syndrome and therefore lacks the phy'sical capacity to function as primary custodial parem of a healthy acthe three year old. II. Petitioner is unemployed and pays no child support, 12, Respondent's promotion is of great importance to the Respondent and minor child's economic future and stabilil)' as it seems likely she will remain the primary provider for the minor child until the Petitioner is recovered. 13. Since December 19')8 Petitioner has sporadically refused available visitation on \\~'Cl.days claiming that he had no money lor lill.ld or diapers, lie has made some w~'Ckend visits \:'Ilntingent upon Respondent providing 100d and diapers, 14. On I'ehruary 23, 19')8 a pltlposal tiJr mlldilicatioll oflhe custody order by stipulatiun was taxcd to Pctitiuncr's anomc), Scc "hhibitlf" incorpuratcd hcrein by rcli:r~ncc, 15, Said proposcd stipulatiun prO\ ides Petitioner morc time with the minor child than thc prior stipulati\ln and ordcr ofSeptcmber 2S. 1997 and is thus a realistic substitute visitation arrangemclII which will adcquatel} fuster an ongoing relationship betwccn the minor child and Petitiuncr, 16, Thc approximate drhing timc tu Rcspundcnt"s ncw rcsidcncc is ninct} minutcs, 17, Said proposed stipulation prO\idcs that I{cspondent will provide all transportation 1(lr thc first six months after the move and will then l'qually share the transportation aner the first six months, Sec Exhibit B. 'I! 5, 18, As of February 27.1998 Ms, Walsh had no response from Petitioncr to Respondent"s proposal. 19, Although the Petitioner's verification on his present petition is dated February :14. 1998. it was March 2.1998 when Respondent"s allome} was first notified that Petitioner had flatly rejected the proposed stipulation with no oni:r of an alternative plan other than his demand to ha\'e Respondent leave the minor child with Petitioner, 20, Respondent believes it is in the best interest and permanent \\eltare of the minor child to remain primarily in her care for reasons including but not limited 10 the following: a, There would be more stablility for the minor child 10 remain with her mother as the same primary caregiver. \\hile maintaining regular contact with both parents, b, Respondent is healthy and has sullicient enery) to care Illf the minor child, b, The Petitioner has a histol) of at J.'llst one suicidc atl~lpt, threats of suicide, psychiatric hospitalilJ1tion and is belicn'dto haw diSl'l.mtinucd ml'dication and Saturday morning until 6:00 p.m. Easter Sunday. D. With respect to the Founh of July. Labor Day. and Memorial Day. the panies shall alternate those holidays with Mother to have the child on Memorial Day 1998. Father to have the child on the Founh of July 1998, and Mother to have the child on Labor Day 1998. Father to have the child on Memorial Day 1999. and so on, Father's periods of custody shall run from 10:00 a,m.to 7:00 p,m, 5, The parties agree that Mother shall provide alltransponation in connection with this agreement for a period of no more than six months to commence April I. 1998, Following the six month period. the parties agree that Father shall provide transportation at the beginning of the visit and Mother shall provide transponation at the end of the visit. 6, The child shall be entitled to spend Mother's Day \\ith Mother and Father's Da)' with Father from 10:00 am. until 3:00 p,m, 7. Each party shall be entitled to an uninterrupted one (I) week period of summer vacation with the child upon at least thirty (30) days notice to the other party. Each party shall be required to notifY the other of the vacation location. provide a telephone number where the child can be reached to the non-custodial parent, and ensure that the child places one completed telephone call to the non-custodial parent during the vacation week. at a time 10 be mutually agreed upon by the parties. 8, In connection with the definition of shared legal custody. the custodial parent shall . be responsible at all times for informing the non-custodial parent of school assignments. special projects. or any extracurricular or scholastic special events the child may be llttending, 9, Mother shall be entitled to take the child to a Christian church during Mother's 't , ~, ... '. .- ".f .,.. lOt Mu'" SU,fC P.. 0.. Boa 109- ~* wOK>yfte, Pe.....,I....1a l704l.o109 lAW OffiCES . JOHNSON, DUFFlE, STEWART (f WEIDNER (jSEP 24 1997 .. .,. 1eli/olloee 11'17) 761.4$40 Ttltcopler (717) 761.30U , , ~ . . ,.....- ". .\.;. :',1 " ~'""\ ".. ,'J I:' ..,1 . " , d~ !b K:;;J".- \" ~ ~.) :),;:--)<.1.;' iL' 3, Father shall have partial custody with the minor child as follows: A. Father shall have custody of the minor child on alternate weekends from 10:00 a.m. on Saturday mornings until 6:00 p.m. on Sunday evenings. B. During the week when Father has custody of the child on the weekend, Father shall also have custody of the child on Tuesdays and Thursdays from after Mother's work (approximately 5:30 p.m.) until after Mother's activities (approximately 9:00 p.m.). Should Mother stop participating in her current activities, or should those activities be cancelled on a particular evening for whatever reason, Father's custodial period shall run at least until 8:00 p.m. C. During the week when Father does not have custody of the child on the weekend, Father shall have custody of the minor child on Tuesdays after Mother's work (approximately 5:30 p.m.) overnight until Wednesdays after Mother's work (approximately 5:30 p.m. I. For example, a typical two (21 week cycle would run as follows: Monday - with Mother; Tuesday - with Father from 5:30-9:00 p.m.; Wednesday - with Mother; Thursday - with Father from 5:30-9:00 p.m.; Friday - with Mother; Saturday - with Father from 10:00 a.m.-6:oo p.m. Sunday; Monday - with Mother; Tuesday - with Father from 5:30 p.m. - 5:30 p.m. on Wednesday; Wednesday - with Mother from 5:30 p.m,; Thursday - with Mother; Friday - with Mother; Saturday - with Mother; Sunday - with Mother; with the two (2) week cycle to repeat. 4, With respect to holidays. the parties agree to share custody of the minor child as follows: A, In 1997 and all odd numbered years thereafter. Mother shan have custody of the minor child on Christmas Eve. Christmas Day and December 26. and Father shall hava custody of the minor child on December 27 and 28. In 1998 and all even numbered years thereafter. Father shall have custody of the child on Christmas Eve. Christmas Day and December 26. a~.Mot~6t~1 ::ve cu~ ~f( the child on December 27 and 28. Custodial ~s s~ be ,_ 10:ooia%'.~ 7lQQ ~,"'., .w Father shall be entitled to keep the child overnight during his custodial periods. B. In 1997 and all odd numbered years thereafter, Father shall have custody of the minor child on New Years Eve Day, New Years Day and January 2, and Mother shall have the child on January 3 and 4. In 1998 and all even numbered years thereafter, Mother shall have the child on New Years Eve Day, New Years Day and ~nuary 2, and Father shall have ~hild on January 3 and 4. Custodial periods ! , ':"'&!t.n n:t ' ~ . alt:\g6 fFlml 10:00 a,m. llAtll 7' ... '1'"11 Father shall be entitled to keep the child overnight. C. In 1997 and all odd numbered years thereafter, Father shall have custody of the child on the day before Thanksgiving, Thanksgiving Day and the day after Thanksgiving. and Mother shall have custody for the two subsequent days. Custodial periods shall be from 10:00 a.m. until 7:00 p.m. and Father shall be entitled to keep the child overnight. In 1998 and all even numbered years thereafter, Mother shall have custody of the minor child on the day before Thanksgiving, Thanksgiving Day and the day alter ThalW}. .'na...,and Father shall , ( ., \:)Ib<.~ o:t have custody for the two subsequent days. Custodial P<<!. sHall AlR JrBAI 10:00 a'We p.m_ end Father shall be entitled to keep the child overnight. D. In 1999 and subsequent odd numbered years, Mother shall have custody of the minor child on the day before Easter, Easter Day and the day after Easter. and Father shall have custody of the child for the two s~)Juerl~cjays. Father shall be entitled to keep the child overnight and custodial p~s s~~ 10:00 a.m. ~, In 1998 and subsequent even numbered years. Father shall have l\\L~t~~f the minor child on the day before Easter, Easter Day and the day after Easter. and Mother shall have custody of the child for the following two days. Father shall be entitled to keep the child overnight during this period. E. With respect to the 4" of July, Labor Day and Memorial Day, the panies shall e1temate those holidays with Mother to have the child on Memorial Day 1998, Father to have the child on the 4" of July 1998. and Mother to have the child on Labor Day 1998, Father to have the child on Memorial Day 1999, and so on. Fathar's periods shall run from 10:00 a.m. to 7:00 p.m. ,I 5. The parties agree that Mother shall provide all transportation in connection with this agreement as long as Father does not have access to a vehicle. This provision does not apply to public transportation. The specific arrangements regarding pickup and drop off locations are to be mutually agreed upon by the parties. Father agrees to use his best efforts to secure means of transportation and upon doing so, agrees to share the transportation responsibility with Mother. 6. A. Both parents shall be entitled to spend time with the minor child within two (2) days of the child's birthday. B. When Father's birthday falls on a Monday through Friday, Father shall have custody of the child from when Mother leaves for work in the moming until Mother returns home from work in the evening. When Father's birthday falls on a Saturday or Sunday, Father shall have custody from 10:00 a.m. until 7:00 p,m. C. If Mother's birthday falls during one of Father's custodial periods, Father shall forego his custodial period so that the child can spend time with Mother. 7. The child shall be entitled to spend Mother's Day with Mothtlf and Father's Day with Father, from 10:00 a,m. until 7:00 p.m, 8. Each party shall be entitled to an uninterrupted one 111 week period of summer vacation with the child upon at least thirty (301 days notice to the other party. Each party shall be required to notify the othtlf of the vacation location, provide a telephone number where the child can be reached to the non-custodial parent, and ensure that the child places one completed telephone call to the non- custodial parent during the vacation week, at a time to be mutually agreed upon by the parties. 9. In connection with the definition of shared legal custody, the custodial parent shall be responsible at all times for informing the non-custodial parent of school assignments, special projects, or any extracurricular or scholastic special events the child may be attending. 10. Mother shall be entitled to take the child to II Christian church during Mother's custodial weekends and it is understood that the child will be learning Christian teachings as set forth in the Bible, g Father agrees that he will refrain from speaking about the church attendance and teachings to the minor child in a derogatory or unfavorable light. Mother agrees that she will refrain from speaking about race, gander, and/or ethnicity, to the child in a derogatory or unfavorable light. 11. The parties agree that there shall not be any public displays of affection between themselves and any other person, excepting Immediate relatives, while in the presence of the minor child. The parties further agree that persons whom the parties are dating or are romantically involved with shall not be present during periods of custody. It is contemplated by the parties that at some point in the future they may enter a long. term romantic relationship with another and want the minor child to meet that person. In the event that a party has dated a partner for a substantial period of time, and there is a commitment to a permanent, monogamous relationship. the parties agree that they will inform each other of that so that they may arrange for the minor child to interact with that person. A substantial period of time shall be defined as one (1 J year. unless after a good faith examination of the situation, the parties agree that it would be appropriate to introduce the minor child to that person, However, in no event shall either of the perties introduce the minor child to a person with whom they have a permanent, monogamous relationship of less than nine (9) months. The parties specifically agree not to expose the minor child to casual romantic partners, or people they are casually dating. 12. Father agrees to consolidate any and all pomographic materials including, but not limited to, magazines, books and/or videotapes, in one central location, and to keep such materials out of the reach of the child. Father further agrees to refrain from viewing and/or utilizing such materials while the child is in his custody, 13. The perties agree to make their respective residences as "baby proof" as possible, and to devote their full attention to the child when she is in their custody. Furthermore, the natural parent shell be the child's primary caragiver and shall assume primary responsibility for the child when in that parent's custody. This shall not be construed to prevent Mother from use 01 a babysitter lor occasional social engagements that may extend beyond the child's bedtime, however, Father shall be given the right of first refusal. 14. Neither party shall remove the child from the Harrisburg area without giving reasonable notice to the non-custodial parent. 15. The parties agree to promote and facilitate reasonable telephone contact between the minor child and the non-custodial parent and agree to refrain from speaking about the non-custodial parent in a derogatory, offensive, or unfavorable light while in the presence of the minor child, Mother specifically agrees to refrain from speaking about Father's sexual orientation, in connection with Father, in a derogatory or offensive light to the minor child. It is contemplated by the parties that at some point in the future Father's sexual orientation will be addressed with the child. When that time arises and when the child is capable of thoughtful understanding, the parties agree to work together in order to address the situation, and may enlist the services of an expert in order to promote the welfare and best interests of the child, 16. During any period of custody, the custodial parent agrees to refrain from using drugs or alcohol to the point of intoxication or impairment in the presence of the child and shall ensure to every extent possible that no guests use drugs or alcohol to the point of intoxication in the child's presence either. 17. This is the minimum amount of partial custody for Father, and the parties are encouraged to expand upon this schedule. 18. The parties agree that this Custody Stipulation shall be subject to modifICation in accordance with the laws of Pennsylvania. 19. The parties intend thet this Stipulation be made into an Order of Court. Date: ijllf /99 I F 12~Jw~j (/uuu/ui Richerd Vanadia Date: q \ \\ \ fi , \;: \ . \, , '. "~- \", v'' \ '}'.c'''''' Penny Vanadia HMO ., ~EP 2 9 1997 RICHARD VANADIA, : IN THE COURT OF cn-lMCti PLEAS OF Plaintiff . CUMBERLAND <XXlNTY, PENNSYL VANtA . . . vs. . NO. 97-4347 CIVIL TERM . . . PENNY VANADIA, , CIVIL ACTION - LAW . Defendant : IN CI.1STOOY QUlI!R c:I axm AIm 101, this 23rd day of Septemer, 1997, the COnciliator, being advised by Plaintiff's counsel that all custody issues ha.... been resolved by C!o:I~~.ent of the parties, hereby relinquishes jurisdictioo in this case" I'Q~L,~ Dawn 5" y, E8qu CUstody COnciliator \ Johnson, Duffie, Stewart & Weidner By: Keirslen L. Walsh I.D. No. 78243 30 I Market Slrect P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4S40 Auomeys for Plaintiff RICHARD VANADIA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-4347 CIVIL TERM Plaintiff vs, CIVIL ACTION - CUSTODY PENNY VANADIA, Defendent CEBI1FlCA TE OF SERVICE I hereby certify that on the 18"' day of August. 1997, thet I served a true and correct copy of the Complaint for Custody upon the Defendant. Penny Vanadie, by certified mail, restricted delivery, to her address et 512 Barry Court. Mechanicsburg. Pennsylvania, return receipt requested, attached hereto and made e part hereof. JOHNSON, DUFFIE, STEWART II WEIDNER Date:~ By:~(:\W.)~fJw'l'l Keirsten L. Walsh 103'1 TO . OO~9-0"Z(t.rl) rrOlr Ya 37SI~ ~OO'Id IUWlOd '3snOH.r.~nO:J ~OJ.'Inl.r.SINIHW .r.WlOO 3H.r. dO 3:JIddO "a'13H '11m37 .r.3D mr.J no..t :m~ .r.no aNId OJ. 1f0'18fl H.r.~Od .r.8S 8:JlddO 8H.r. 8NOHd8'1ILT. ~O OJ. 00 '8NO mIOddll J.ONNY:J ~O ~8L'Jli'1 Y HAY1l .r.ON oa no..t dI . ~NO .r;y ~8..tJfli'1 WlO..t OJ. ~8ava SIHoT. .!DIVoT. C1'IllOHS no..t ~ .:ro:'lIrrrouo:J Apo:,sn:J . ~-TfUl-'\.ljn\r" y>:> \l.I'I U5...r:Afl :.r;WlCD :m.r; Hal . .:rap.:ro :,uarnmz.:racl .:ro .A:n>.:r0clura:, 11 ~o ..r.:r:,ua .:ro~ spun0.:r.6 apT.II.o.:rcl AI1III'. aoua:ra~rroo arr-J :'11, .:rvaclclll 0:' a.:rnrrlld ...r.:rO:'lIpUIIDt :,ou sT aoullpua:':'1I s,ua.:rpr1'qo/PrTfP a~ :,nq 'aoua.:ra~uoo al{:J 0:' uOT:S011 Apo:,sno sr~ ~o ;:>a~qns a~ :IT oqJlS PT1'qo a~ DUf.:rq AI1III' A+:zl1cl .:ra~T8 ".:rap.:ro .A:n>.:roc1m'a:, 11 o:,ur .:ra:,ua 0:' pUll ';.:rnoo al{:' Aq. p.:rvaq aq 0:' sanssf aq:, JlSO%%IIU pUll aUf~ap 0:' 'paqsrrdWooolI aq :'OUUIIO s1'q:, ~r .:ro la:,nds1'p Uf sanssr a~ aATosa.:r 0:' apll/ll aq rrrJlS ;.:ro~~a UII , aoua.:raJuoo qons:,y "aoua.:raJuo:J Apo:,sn:J DUr.:rllaf{a.:ra P .:ro~ '.. H 'd c..)() ~ I P' Lb6r ' ...J riq\"}J.+'\'~'y, JO Al1p ~ e aq:, uo ) I j..:'1I '.:ro:'IITrrouoo aq:, a.:ro~aq .:rpaddp rasunoo aAr:,oadsa.:r .:rraq:, pup so1';.:r11 af{:' :'Pq~ po+oa.:r1'P Aqa.:raq s1' +1' '+u1'l1rdIllOO paqoP~~1I af{~ ~o uopuap1'suoo uodn ' Lbl'X'IS (a+l1p) s1'q~ 'MON aNY , . JilUlO:J dO lmmlO Lb6'f NOI.T.V.T.ISIIl/ xaOJ.sn:J: 'III1I:J L}.,~n "ON: . " 1f'i'I - NOIJ.:JV '1L\I:J: " " +UllpUa]aa 'Q\'pOI...JO(\ 1"'\")\'),;)d . 11 VINVI1'USNN3a I ,{.T.Nnoo ClNll'1ll3UHJ]:J: .10 SW'Id NOHNOO .10 .I.WlOO 3H.T. NI: ~]nUplrcl '\),\)O'J\)(\. \')O\')'~ · I 099999'00020/AuJU'III. 1997/MCD/PAR/6S.'. RICHARD VANADIA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. v, PENNY VANADIA, Defendant CIVIL ACTION. CUSTODY The Court of Common Pleas of Cumberland County is required 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 seventy-two (721 hours prior to any hearing or business before the Court. You must attand the scheduled conference or hearing. BY THE COURT: J. ~ ) i'\ , I , , .., , ,"1 ,:! ',j - ..... ~ J ". -- -< I') ,,~ ..... .... '" Q ... ~ .. t:: C ~ ." <! c! C ~ r RICIIARD V ANADlA : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. PENNY V ANADIA : NO. 97-4347 CIVIL TERM ORDER OF COURT AND NOW. this ~ day of OCTOBER, 1999, after reviewing Plaintilrs Petition for Special Relief and it appearing to the Court that the Chester County Court of Common Pleas has before it a Petition to Modify our custody order of March 19, 1998, and it funher appearing that Defendant and the child have lived in Chester County since the date of said order. and it further appearing that Plaintiff no longer lives in Cumberland County, we are satisfied that this mailer is properly before the Court of Common Pleas of Chester County pursuant to 23 Pa, C,S.A. ~ 5364. Therefore, Plaintiff's Petition for Special Relieris DENIED. By the Court, Richard Vanadia 4621.5 South Salem Church Rd. Dover, Pa. 1731S Edward E. Guido, J~ , ./.trpuAJ ~ IO-t)' qq ALK Penny Vanadia 495 NUll Road Apartment E-IOI Phoenill.ville. PI. 19460 :sld .