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Home My WebLink About97-06859 glrard pelltlon for emergency relief t)b August 15. 2000 CHRIS M. GIRARD, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 97 - 6869 CIVIL TERM VS. PAULA A. STUM, Defendant/Respondent IN CUSTODY PETITION FOR EMERGENCY RELIEF NOW COMES Chris M. Girard. Plaintiff above, by and through his counsel, Saldis. Shuff, Flower & Lindsay. and petitions this Honorable Court as follows: 1. The parties hereto are parents of a child. Joshua A. Stum, born February 23.1994. 2. Custody of Joshua is controlled by an Order of Court entered on the Stipulation of the parties. The Stipulation was signed on December 17, 1999 and the Order entered thereon is dated February 8, 2000. A copy of said Order is attached hereto as Exhibit "A". 3. In April, 2000, Petitioner advised the Defendant that he wished to exercise partial custody of the child on July 24th for one week and again on August 20th 4. On July 17, 2000, the request was memorialized. Although Respondent permitted the July 24th visit, she has refused to permit the visit scheduled for August 20th She has provided several reasons for her refusal. Initially. she refused because the child had to play soccer. Then she refused because the child was to take certain tests for school. When it appeared that the child could take the tests at another time. she contacted counsel and counsel provided a letter of refusal attached hereto as Exhibit "B". glrard petition for emergency relief ijb August 15, 2000 5. Petitioner's vacations are scheduled by his employer, Roadway Express, on a bid system and on a year commencing April and ending the following March. The proposed August visit Is the second visit in his bid year. 6. Petitioner has planned to take the child, the child's half brother and the child's half k: sister to Wildwood, New Jersey, for a week's vacation, the first summer vacation trip Petitioner has enjoyed with his children in the last 11 years. 7. Respondent's refusal to permit the child to participate in this family outing is not in the child's best Interest and countermands a Court Order. WHEREFORE, Petitioner prays this Honorable Court to enter an Order requiring Respondent to provide Joshua for a week's vacation to Petitioner on August 20. 2000. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff 5-.... C 01 J. Lindhy, Esquire '--t # 44693 26 West High Street Carlisle, PA 17013 (717) 243-5513 By: gfrerd petition for emergency relle' ~b August HI. 2000 CHRIS M. GIRARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 97. 6859 CIVIL TERM IN CUSTODY V8. PAULA A. STUM, Defendant CERTIFICATE OF SERVICE , day of. /~;,..:'jk~/.g,.t L.- Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & LINDSAY, P.C., Attorneys, hereby AND now, this h / , 2000, I, Carol J. certify that I served the within Petition for Emergency Relief this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff t(' llL_. By: Carol J. Lindsay, Esquire 10 # 44693 26 West High Street Carlisle. PA 17013 (717) 243-5513 VERIFICATION The foregoing Petition is based upon infonnation which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this Petition and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. 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CIVIL ACTION - LAW CUSTODY/VISITATION CUSTOOY CONCILIATlOO SlJoIHARY REPCRT IN AC<XlUll\NCE WITH CU<IBERLAND <XUn'Y RULE OF CIVIL PROCEIlORE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTfI CURRFNrLY IN CUSTOO'l OF Joshua A. Sturn February 23, 1994 Defendant/Mother 2. A Conciliation Conference was held on January 27, 1998, with the following individuals in attendance: The Father, Chris M. Girard, with his counsel, Marcus A. MCKnight, III, Esquire, and the Mother, Paula ~. Sturn, with her counsel, Charles Rector, Esquire. 3. The parties agreed to entry of an Order in the form as attached. .Ia.nva-ry Date ~-'~ Dawn S. Sunday, Esqu re Custody Conciliator ~ f I '19 ;-- . CHRIS M. GIRARD, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-6659 CIVIL TERM : CIVIL ACTION - lAW : IN CUSTODY V. PAULA A. STUM, Defendant AMENDED ORDER OF COURT AND NOW, this b _ day of , 1998, upon consideration of the agreement reached by the parties, It Is ordered an directed as follows: 1. The Father, Chris M. Girard, and the Mother, Paula A. Stum, shall have shared legal custody of Joshua A. Stum, born February 23, 1994. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the child on alternating weekends, beginning January 30, 1998, from Friday at 5:30 p.m. until Monday at 7:00 p.m., and during the Interim weeks on Mondays from 8:30 a.m. until 7:00 p.m. Beginning In March 1998, the Father shall be entitled to have one additional weekend period of c<lstody from Saturday at 5:00 p,m. until Monday at '7:00 p,m. during the alternating months upon providing thirty (30) days advance notice to the Mother. 4. The parties shall share or alternate having custody of the Child on holidays as arranged by mutual agreement of the parties. 5. Each party shall have two nonconsecutive weeks of vacation custody with the Child each year upon providing sixty (60) days advance notice to the other party, with an exception permitted to the extent that the Father Is assigned a period of summer vacation by his employer within the sixty (60) day period over which the Father has no control. 6. The Father shall be responsible to provide transportation for exchanges of custody under this Order. 7. This Order Is entered pursuant to an agreemont of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent. the terms of this Order shall control. / J. .. .. V. PAULA A. STUM, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-6859 CIVil TERM : CIVIL ACTION - LAW IN CUSTODY CHRIS M. GIRARD, Plaintiff ,-,L ~... -t'"Alr--'\..? AND NOW, this ~ of ......, the attached Stipulation for ....... an Agreed Order of Custody Is hereby entered as an Order of this Court. / \ BY THE COURT: / (]Of'~~ m~ILt.,L i).hl06