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HomeMy WebLinkAbout97-05937 ::::: ~ ~ ~ "'1 / " " ji , t ~ { . ...9 .~ \ "'1 "j- ':" .- I ~ ~ - " . . ~ <:Xl ~ ..s r.. - lo ~ .. e. ""-1. ~ 0 '" ~~ . '<;) ..., ~ '1 .' ~~ \.i , e: ( L ~ r--. ) ~ , ' '.J ~ ~ ~ - - - .... - ~ ~~ ~~~~ Sl ~!C~cn ~ ~ I~! ~ < ~! = "'Ill ~ ~~ d . . . " CHARLES E. PETRIE WoCT 2 9 1997 AnotUo'EY AT LAW 3528 BRISBAN STREET HARRISBURG, PENNSYLVANIA 11111 . . . , , .' vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No,Q7-.St/37 Cti4t ~-t.___ WILMA LEE NOLL, Plaintiff Defendant CIVIL ACTION - LAW IN CUSTODY LEE E. NOLL, ORDER AND NOW, this '2.9 day of CJc..;/ut..., 199'\/ upon consideration of the within Motion, Stipulation, and Complaint, it is hereby r Ordered as follows: 1. That primary physical custody of HEATHER LEE NOLL, born July 14, 1989; KELLE SHERREE NOLL, born September 20, 1991; and CHARLES WIlLIAM ELVIS NOLL, born October 2, 1993/ shall be and remain in their mother, WILMA LEE NOLL. 2. Mother shall have full and sole legal custody, and shall have the sole right to make all decisions affecting the welfare of the minor children, including but not limited to the areas of religious upbringing, education, and medical, dental, psychiatric and psychological treatment. 3. Father shall be afforded partial physical custody under the following schedule: a. Every other weekend from 4:00 P.M. Friday until 7:00 P.M. Sunday. b. The children shall spend Mother's Day with Mother, and Father's Day shall be with Father from 10:00 A.M. until 7:00 P.M., regardless of the regularly scheduled weekend custody arrangement. c. The following holidays shall be rotated between Mother ann Father: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving. The children shall ba with Father from 10:00 A.M. until 7:00 P.M. on Father's holidays. d. The Christmas holiday shall be divided into two segments. Mother shall have the children from Christmas Eve through Christmas Day at 3:00 P.M. Father shall have the children from 3:00 P.M. on Christmas Day through 7:00 P.M. on December 26. e. For a period of seven consecutive days in the summer with sixty (60) days' notice to Mother. 4. PICK UP AND RETURN - Father shall pick up and return the children at Mother's residence only. At no time shall Father pick up any child at school without Mother's express permission to school officials. 5. MAKE-UP-TIME - The parties recognize that there may be circumstances from time to time which may prevent the exercise of custody at the agreed dates and times. To that end, the parties agree that each will give timely and reasonable notice to the other of the existence of such circumstances and will permit the other a reasonable period in which to enjoy time with the children to make-up for these lost periods. 6. BEST INTEREST OF CHILDREN - The parties shall exert every reasonable effort to maintain free access and unhampered contact between the children and each of the parties, and to vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. e/7 - S937 t'tt4 T~ WILMA LEE NOLL, Plaintiff LEE E. NOLL, Defendant CIVIL ACTION - LAW IN CUSTODY MOTION NOW COMES the Plaintiff, WILMA LEE NOLL, by her attorney, Charles E. Petrie, and respectfully represents as follows: 1. That Plaintiff is WILMA LEE NOLL, an adult individual currently residing at 233 West Dauphin Street, Enola, County of Cumberland, Pennsylvania. 2. That Defendant is LEE E. NOLL, an adult individual currently residing at 115 South Humer Street, Enola, County of Cumberland, Pennsylvania. 3. That Plaintiff and Defendant are the natural parents of three minor children, HEATHER LEE NOLL, born July 14, 1989; KELLE SHERREE NOLL, born September 20, 1991; and CHARLES WILLIAM ELIVS NOLL, born October 2, 1993. 4. That the parties have entered into a Stipulation concerning the matters of custody and visitation with respect to the minor children, and the said Stipulation is attached hereto. WIT..MA LEE NOLL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. '17-S137 tt(,..;.("T~ vs. LEE E. NOLL, CIVIL ACTION - LAW IN CUSTODY Defendant COMPLAINT POR CUSTODY NOW COMES the Plaintiff, WILMA LEE NOLL, by her attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is WILMA LEE NOLL, who currently resides at 233 West Dauphin Street, Enola, County of Cumberland, Pennsylvania. 2. Defendant is LEE E. NOLL, who currently resides at 115 South Humer Street, Enola, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of primary physical and legal custody with respect to HEATHER LEE NOLL, born July 14, 1989; KELLE SHERREE NOLL, born September 20, 1991; and CHARLES WILLIAM ELIVS NOLL, born October 2, 1993. The children were not born out of wedlock. The children are presently in the custody of Plaintiff, WILMA LEE NOLL. During the past five years the children have resided with the following persons and at the following addresses: From October, 1992, until April, 1995, with both parents in Mount Joy, Pennsylvania; from April, 1995, until October, 1995, with Plaintiff and Plaintiff's mother in Enola, Pennsylvania; from October, 1995, until October 9, 1997, with both parents at 233 West Dauphin Street, Enola, Pennsylvania; from October 9, 1997, with Plaintiff at 233 West Dauphin Street, Enola, Pennsylvania. The mother of the children is WILMA LEE NOLL, who currently resides at 233 West Dauphin Street, Enola, Pennsylvania. She is married. The father of the children is LEE E. NOLL, who currently resides at 115 South Humer Street, Enola, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the children is that of mother. The Plaintiff currently resides with the children. 5. The relationship of the Defendant to the children is that of father. He currently resides with his mother-~n-law, Edith Riland. 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or who 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 confirming rights of primary physical custody in Plaintiff. 8. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. 9. The parties have entered into a Stipulation, attached hereto, setting forth their agreement concerning custody of the minor children. WHEREFORE, Plaintiff requests the Court enter an Order confirming rights of primary physical custody in Plaintiff. Respectfully submitted, r~_ ~t:.,~~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. WILMA LEE NOLL, Plaintiff Defendant CIVIL ACTION - LAW IN CUSTODY LEE E. NOLL, STIPULATION AGREEMENT, made this J '3 day of October, 1997, by and between LEE E. NOLL, hereinafter referred to as .Pather,. and WILMA LEE NOLL, hereinafter referred to as "Mother,. WITNESSETH. WHEREAS, the parties hereto are the natural parents of three minor children: HEATHER LEE NOLL, born July 14, 1989; KELLE SHERREE NOLL, born September 20, 1991; and CHARLES WILLIAM ELVIS NOLL, born October 2, 1993; and WHEREAS, the parties have entered into an agreement concerning the issues of custody and have set forth said agreement in this Stipulation; and WHEREAS, the parties desire that this Stipulation shall be entered as an Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW, THEREFORE, intending to be legally bound, it is hereby agreed as follows: 1. That primary physical custody of HEATHER LEE NOLL, born July 14, 1989/ KELLE SHERREE NOLL, born September 20, 1991/ and CHARLES WILLIAM ELVIS NOLL, born October 2, 1993, shall be and remain in their mother, WILMA LEE NOLL, 2. Mother shall have full and sole legal custody, and shall have the sole right to make all decisions affecting the welfare of the minor children, including but not limited to the areas of religious upbringing, education, and medical, dental, psychiatric and psychological treatment. 3. Father shall be afforded partial physical custody under the following schedule: a. Every other weekend from 4:00 P.M. Friday until 7:00 P.M. Sunday. b. The children shall spend Mother's Day with Mother, and Father's Day shall be with Father from 10:00 A.M. until 7:00 P.M., regardless of the regularly scheduled weekend custody arrangement. c. The following holidays shall be rotated between Mother and Father: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving. The children shall be with Father from 10:00 A.M. until 7:00 P.M. on Father's holidays. d. The Christmas holiday shall be divided into two segments. Mother shall have the children from Christmas Eve through Christmas Day at 3:00 P.M. Father shall have the children from 3:00 P.M. on Christmas Day through 7:00 P.M, on December 26. e. For a period of seven consecutive days in the summer with sixty (60) days' notice to Mother. 4. PICK UP AND RETURN - Father shall pick up and return the children at Mother's residence only. At no time shall Father pick up any child at school without Mother's express permission to school officials. 5. MAKE-UP-TIME - The parties recognize that there may be circumstances from time to time which may prevent the exercise of custody at the agreed dates and times. To that end, the parties agree that each will give timely and reasonable notice to the other of the existence of such circumstances and will permit the other a reasonable period in which to enjoy time with the children to make-up for these lost periods. 6. BEST INTEREST OF CHILDREN - The parties shall exert every reasonable effort to maintain free access and unhampered contact between the children and each of the parties, and to foster a feeling of affection between the children and the party. Neither party shall do anything which may estrange the children from the other party, or injure the children's opinion as to their Mother or Father, or which may hamper the free and natural development of the children's love and respect for the other party.