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HomeMy WebLinkAbout97-06463 :,~' ;'iu'~,! , - " '1")- t::."}' ; ;;;'("~~; .~, "_OW" ;:._1-""'- ,',f-, , J \,..'1.0' , rd ,--I , ,/ I' , I' 1'_,_11 'j:/ I " [ , I" " " ',,-' , 'I, " , ", "-, , , I'-! ,j) ,ti I ill " " , , \'1 ., ''t, , ,HI I, , V " " ., " 'I l'i " I , , " "I, [ " I J" ';1 " I! ',' " \,1' " , , '" I , " , ' " " I , I, " Iq' 'I " Ii' , , " , , , ., " I,' " " , , " !/ , " " " ., , ,I , I " , , ,I " , , ;' , , !i , ,[ , , , , , , , " " '" ',I '1 I 'I ", ")' ., , " / / _-,I _, , ~r :I, " " 'I,' '" ,,_' . 'I I " ", , ' " I' , , " H " ' i '>I, ,; ,,' " rd- " ,', L, " I': .. , " , ' 'I,' " " 6, Thnt on Sundny, Februury 14, 1999, Plnintiff and her husbllnd nrrived ut the meeting plnce III 5:00 r.M, to plek up the child, They wnited until 5:30 P,M, und then culled the Defendant's mother. Delcndllnt's mothel' informed Plaintiff that she was not going to return the child because "the child had no school on Monday (Presidents' Day, February 15)." Plaintiff hlld no prior notice of this action before this telephone call at 5:30 P.M, 7, That in fact the child was required to attend school on Presidents' Day because of a snow make-up day, 8, That Defendant's mother, who is not a party to the Order, informed Plaintiff in the course of the telephone call that she had spoken to her attorney, Samuel L, Andes, Esquire, earlier that day, and Attorney Andes had advised her that she should not return the child because the Order did not require her to do so, 9, That the Order makes no reference whatsoever to Presidents' Day or to any other holidays other than the major holidays, or to days in which the child is not in schooL 10. That Plaintiff's husband informed Defendant's mother that he had contacted the Pennsylvania State Police (which he had done) and that he was advised to contact her once more to see if she would agree to release the child and to drive the child to the prescribed meeting place. Plnintiff requested thnt she be nble to spenl< with the Defendnnt directly, but his mother refused to nllow this. 11, That Defendrlllt's mother refused to drive the child to Stute College us required by the Qrder of November 28, 1998, nnd Plaintiff and her husband hud to drlve 70 extra miles (140 extra miles, round trip) to Dubois, Pennsylvnnin, to picl< up the child. 12', That the Order stutes in Parugrnph :\ that "The father shall have contact by telephone with Dnniel three times per week or more. Ench party will notify the other of any change in their address or their residential telephone numbers." 13. That Defendant has not contacted, nor has he attempted to contact, the child by telephone since the entry of the Order. 14. That Plaintiff has attempted on many occasions to contact the Defendant to discuss issues related to the child at the address and telephone number given to her by the Defendant (Defendant alleges that he resides with his mother), but she has not bccn able to speak to the Defendant since the cntry of the Order. Plaintiff does not wish to have to go through Defendant's mother as an intermediary between hcrself and the father of the child. 15. That Plaintiff and her husband spend at least one weekend per month in the Dubois area, and Plnintiff hus agreed to provide all , " C') '.0 9, ~ '-') -r.'I',I ." "J ,r", i,r'j'r (~!r c,rJ .-..J /... -'f - "f? r;-,.. . ''';' ....~ . 'in r:::;'t'l' :?'? Oi; .::) 'l:(. . nr.! -'- ',I,) (.) \jfn .. "I, ~ :.,., ~ '- r%) ""1"'1.'-" .'1, -.-, , .1 ,., LORIANN LUISI, t Plaintiff t t v. I t DANIEL ALBER'l' RO'l, t Defendant I THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT'l, PENNS'lLVANIA 97-6463 CIVIL TERM QRDER OF COURT AND NOW, this 25th day of November, 1998, this case having been called this date, the following amendments of. the custody order of January 22nd, 1998, are incorporated thereint 1. Paragraph 2, A, is replaced with the following: Alternating weekends commencing on Friday, December 4, 1998, from 6:00 p.m. on Friday until 5100 p.m. on Sunday. The custody exchange shall take place at the Uni-Mart at Exit 26 of Route 322 in state College. 2. Paragraph 4 is replaced with the following: The Christmas holiday shall be divided into two segments. Segment A shall be from 6:30 p.m. on the day that Daniel is finished with school for the christmas vaction until 6:30 p.m. on the 26th of December. Segment B shall be from 6:30 p.m. on the 26th of December until 6:30 p.m. the day before school resumes after the christmas holiday. The father shall have Segment A in 1998 and all even numbered years thereafter, and Segment B in 1999 and all odd numbered years thereafter. The mother shall have segment' A in 1999 and in all odd numbered years thereafter, and Segment B . "1 in 1998 and all even numbered years thereafter. ,,' :,) "_J;_! .~'\ . 1~~66l II T MN 6E6l'19NI~ J II~J VINVh1ASNNrl<1 'mmosnnlvH .LDUlli.S NVIISIlIU wm /ro\"1 !y ^"N~"UY 3HWI.I '~I S3'U1VII:J I ~ ~~ ~ ~ ~~I ~ ! I~ ~ !"l ~ Ui ~ - -.l - - - r-.) Ii"""] (') , r, , , , -1: , I ) " I " I, I , :',.1 , I , I j) The mother of the child is LORIANN LUISI, who currently resides at 105 Second Street, Apartment 4, Enol., Pennsylvania. She is not married. The father of the child is DANIEL ALBER'r ROY, who currently resides at R.D. 2, Box 329, Punxsutawny, Pennsylvania. He is not married. 4. The relationship of the Plaintiff to the child is that of mother. The Plaintiff currently resides with the child and with Joseph Marchionl, Jr. 5. The relationship of the Defendant to the child is that of father. He currently resides with his girlfriend, Mary Jo Zeedick, 6, The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child 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 child or who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of t:he child will be served by confirming custody in Plaintiff because Plaintiff can better care for the child and Plaintiff has been the primary caregiver for the child since his birth. ..... ..n -, l1. _J I rl .. " .- ll.II.[ -- " 1'1 .,' , I ", " ~LII ...., J . \~' (.~. '! \ ~ 'J., ~ ' t,. , (-I I" 1>)1 r< Lit! :.:' " iI-I ~~ -i'~ .. I ~:: Ill!. I" ~ .. II, ,-- ... 1..-' Q' t.l ~\r;' ~ ~ ~~ \' " , CHARLES E. PETRIE . AnOM1'lJIY At tAW 3528 BRISBAN SffiEET HARRISBURG. PENNSY1.,VANIA 17111 . ~ ~ ~ " ~ '" -1;1 ~ tc~ ';' ~ I~ci ~, < ~~ 15 ~ f: . i NIIII <' I 1.'191 , II " , , , , n I,n () i \.t..)' II , -'1 -J ri ,"1 ,r"l' I ]J I' ['.) ", , , , ':(~ '.1, '1\ , .t.~ ,;:~ ,.... N ' '~I .. ':1 ' ,...) ~.~ I". ,. ., " " '.1', I, " " "