HomeMy WebLinkAbout98-00893
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Check i ng Account 1..,__lQ~_Q.Q___.__________~______, _______,_
Savings Account: ____, ,l~.QLQQ______..,__,___________,_.__.________
Certificates of Deposit: ---.-.____..l'IL1i.._.__________.
Real Estate (including home) :,____N/A_...___,_____,._,_.".,__.____
Motor veh.icle: Make ____t'lLA____,___,_____ Year __,____.__.__
Cost ',.....,_'_'_...._______,__._, Amount owed_____ _, _____
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage :----,,---,-..--____,__tliA.__________,_
Rent: __ ,__ _,,________,_$1 03..L9_Q________,_.___.______,.____________
Loans I ._,_..____,_,_.._, ,--,-..,_,_.___.____...___....._..N/A_ ..,_,______________,__
Month 1 y Expenses: ___GrQQfJ..cjes_o9J"QQ'{e..r_!!..JLQ,L..f..9_Q..Q.______
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(g) Persons dependent upon you for support
(Wife) (Husband) Name:..___________l'!lA___
Chi ldren, if any:
Name : _.__?,~QbeL~ArmQ1Q, Age: __....i_...Y..Mr.
4. I understand that I have a continuing obligation to
inform the court of improvement in my financial circumstances
whioh would permit me to pay the costs incurred herein.
5. I verify that t.he stat.ements made in this affidavit are
true and correct. I underst.and t.hat false statements herein are
made subject. to t.he penalt.ies of 18 Pa. C.S. 4904, relating to
_____.__. ,_____,.,NL/>;_..,______.______,_____.__
.___..",_,.,,_ ..NlL_____._____.
Jessica Armold,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
VS,
CUMBERLAND COUNTY, PENNSYLVANIA
Donald R. Shields, II,
Dlilfendant
NO. 98""
CIVIL TERM
CUSTODY
G..9.N.S!;'NJ .At:l.RE!;'MENI
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This Agreement is enterlild on this .
1998, bythlil plaintiff, ,Jessica At'mold, and
day Of_~C"_:'TI'
thlil defendant, Donald
R. Shields, II. The plaintiff is t-ept-esented by Joan Carey, of
Llilgal Services, Inc.: 'the cleflilndant is unrepresented but is awat-e
of his right to have an attorney.
The defendant and the plaintiff agree to the entry of an
Order prOViding for the following regarding custody of their
child, Zachlilrie C. Armold (DOB 12/11/96):
1. The plaintiff, hereinaftlilr referred to as the mother,
and the deflilndant, het"einafter r'eferrerl to as the father, shall
share legal custody of thlil child.
2. Thlil mother shall have primary physical custody of the
chi I d.
3. Thlil father shall havlil pet'iods of vis"itation with the
child at timlils agreed upon by the mother and father.
4. The mother and fathlilr shall notify the othlilr
immlildtately of medical emergencies which arislil whils the child is
in that parent's care.
5. Thlil parties rlilalizlil that thlilir child's well being is
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AS OF J ~- 1'1- )06~
CASE# I qq fr - %,q 3
HAS BEEN S ANNED.
ALL EA IER
FILINGS T THIS
CASE HA V BEEN
MICROFI MED.
IN THE COURT OF COMMON PLEAS OF
CUMFERLAND COUNTY, PENNSYLVANIA
I
NO. 98-893 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
t'" 4"
JESSICA ARMOLD,
(n/k/a JESSICA A. MILLER),
Plaintiff
v.
DONALD R. SHIELDS II,
Defendant
DEe 1 1 200o\(fl\
ORDER OF COU T
AND NOW, this ~ day of Decemb r, 2006, upon consideration of the
attached Custody Conciliation Summary Report filed under docket number 06-6206, it is
hereby ordered and directed as follows:
1. Leaal Custody. The parties, Jessica A mold and Donald R. Shields II, shall
have shared legal custody of the minor child, Zachari Cordell Armold, born December 11,
1996. Each parent shall have an equal right, to be ex rcised jointly with the other parent, to
make all major non-emergency decisions affecting th child's general well-being including,
but not limited to, all decisions regarding their health, education and religion. Pursuant to
the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information
pertaining to the child including, but not limited to, medical, dental, religious or school
records, the residence address of the child and of t e other parent. To the extent one
parent has possession of any such records or inform tion, that parent shall be required to
share the same, or copies thereof, with the other par nt within such reasonable time as to
make the records and information of reasonable us to the other parent. All decisions
affecting the child's growth and development including, but not limited to, choice of camp, if
any; choice of child care provider; medical and den al treatment; psychotherapy, or like
treatment; decisions relating to actual or potentiallitiga ion involving the child directly or as a
beneficiary, other than custody litigation; education, oth secular and religious; scholastic
athletic pursuits and other extracurricular activities; sh II be considered major decisions and
shall be made with the parents jointly, after discussion and consultation with each other and
with a view toward obtaining and following a harmonio s policy in the child's best interest.
2. Phvsical Custody. Pending hearing r further agreement of the parties,
Mother shall have primary physical custody subject 0 Father's rights of partial custody,
which shall be arranged as follows:
A. On December 4, 2006, from 5:30 p.m. to 6:30 p.m. at the home of the paternal
grandparents.
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NO. 98-893 CIVIL TERM
B.
On December 6, 2006, from 5:30 p.m. urhtil 9:00 p.m. to include the Cub Scout
meeting.
Commencing December 11, 2006, each ~Onday from 5:30 p.m. until 8:30 p.m.
Commencing December 8, 2006, each Wriday from 5:30 p.m. until 10:00 a.m.
Saturday for three alternating weekends.!
C.
D.
E.
Commencing January 20, 2007, Father's alternating weekends shall occur
from 1 :00 p.m. Saturday until 5:00 p.m. ~unday.
Commencing February 2, 2007, Fat~er's alternating weekend shall be
extended to occur from 5:30 p.m. Friday ~ntil 5:30 p.m. Sunday.
3. Transportation. The parent relinquishing custody shall provide transportation
incident to the custodial exchange.
F.
4. Neither party shall do or say anything which may estrange the child from the
other parent, injure the opinion of the child as to the bther parent, or hamper the free and
natural development of the child's love and respect for the other parent. Each parent shall
ensure that third parties also comply with this provisionl during his or her periods of custody.
5. Neither party may relocate at a distance~ 'reater than thirty (30) miles from the
other parent or a distance that would cause them to h ve to make a change in the existing
custodial schedule in the absence of ninety (90) days ritten notice to the other party. The
following information, if available, must be includetl with the notice of the proposed
relocation: (a) the address of the intended new reside~ce; (b) the mailing address, if not the
same as the address of the intended new residence; (p) the home telephone number of the
intended new residence; (d) name of the new school ~istrict and school; (e) the date of the
proposed relocation; (f) the reasons for the proposed r~location; (g) a proposal for a revised
custody or visitation schedule. If any of the informatic~n set forth above is not known when
notice is sent but is later made known to the party prqposing the relocation, then that party
shall promptly inform the other parent as the informatiqn becomes available to them. In the
event the non-relocating party does not file an obj~ction with the Court opposing the
relocation within thirty (30) days after receipt of the motice, that party shall be foreclosed
from objecting to the relocation. However, it is expe~ted that, in part, the purpose of the
ninety (90) day notice provision of this paragraph is tb allow the parties an opportunity to
I
renegotiate the custodial schedule without the necessity of court intervention.
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NO. 98-893 CIVIL TERM
6. Holidays. The following holiday schedule shall supercede the regular
schedule:
A. Memorial Day and Independence Day hcplidays shall be enjoyed by the parent
having custody the immediately-precedinlg weekend.
B. Christmas. Mother shall have custody ~n December 24th from 9:00 a.m. until
December 25th at 1 :00 p.m. each ye'~r. Father shall have custody on
December 25th at 1 :00 p.m. until December 25th at 8:30 p.m. each year.
C. Easter. The parent having on Easte~ weekend shall have their Sunday
custodial time end at 3:00 p.m. The p$rent who does not have custody on
Easter weekend will have custody on Easter Sunday from 3:00 p.m. until 8:30
p.m.
7. This Order is entered without prejudice to either party to argue that it is in the
child's best interest to be in their primary custody.
BY THE COURT:
,
DONALD R. SHIELDS II,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-6206 CIVIL TERM
JESSICA A. MILLER,
CIVIL ACTION - LAW
IN CUSTODY
DEe 1 1200o(f
v.
Defendant
CUSTODY CONCILIATION SU,MARY REPORT
IN ACCORDANCE WITH CUMBERLAND CQUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH gURRENTL Y IN THE CUSTODY OF
Zacherie Cordell Armold
December 11, 1996 Mother
2. Father filed a Custody Complaint on Oc~ober 25, 2006, to Docket No. 06-6206.
A Custody Conciliation Conference was held on lPecember 4, 2006. Present for the
conference were: the Mother, Jessica A. Miller, and ~er counsel, Jane Adams, Esquire; the
Father, Donald R. Shields II, and his counsel, Dan Regan, Esquire.
4. Father's position on custody is as folloVf~: Father is employed at Seeco from
8:00 a.m. until 4:30 p.m. and is on call every other week. He resides in Dillsburg with his
wife and four year old daughter, Skylier. Father filed ~ Complaint on October 25, 2006. He
apparently did not recall signing the previous Consent Agreement docketed to 98-893. This
Consent Agreement was entered as an Order of Coj,Jrt on February 19, 1998. The Order
provided Mother with primary physical custody and Father with partial custody. However,
the Order did not provide Father with a schedule of partial custody. Father reports that
Mother has been withholding the child for six year$. Interestingly, he also alleges that
Zacherie wants to live with him. He alleges that his f~ther and sister have told him that this
is the case, but also reports that when Mother $Ilows Zacherie to visit the paternal
grandfather and aunt, Mother cancels the visit. Ther~fore, it is unclear as to how recently it
may have been that Zacherie has seen these people and made these alleged statements.
Father further expresses concerns about th~ cleanliness and clutter in Mother's
residence. He claims that Children and Youth has redeived referrals as a result of the home
conditions. Father questions Mother's ability to maintain a proper home and questions her
ability to drive because he alleges that she has a seizure disorder. Father seeks primary
custody of the child.
,
NO. 06-6206 CIVIL TERM
5. Mother's position on custody is as follows: Mother resides in Carlisle with her
husband and son. Zacherie is enrolled in the Carlisle School District and is attending fourth
grade. Mother objects to Father's Petition for primary custody but was very agreeable to
work out a schedule of partial custody to reintroduce the Father to the child's life and to
have him participating in some of the activities with Zacherie. Mother denies that she has a
seizure disorder and reports that while Children and Youth may have received referrals,
they have not provided any services or opened a case with regard to the care of Zacherie,
or conditions in her home. Mother acknowledges that there was an occasion when they
were doing some work in the home and the moving around of their belongings and furniture
created a very cluttered appearance. However, she represented this to have been a very
temporary condition.
6. During the Conciliation, the parties reached an agreement to reintroduce
Father to Zacherie's life in a graduated schedule, providing for a holiday schedule. The
parties also entertained some discussions regarding summer periods of custody. However,
upon the conclusion of the review of the agreements that the parties has discussed,
Father's counsel asked the Conciliator to also refer the matter for hearing on Father's
request for primary physical custody. This somewhat surprised Mother's counsel and
Mother, as they believed that the negotiations had been ones that were leading to the
resolution of the entire matter. That appears not to be the case. Accordingly, the
Conciliator recommends the attached Order of Partial Custody for Father and primary
custody for Mother to be put in place to serve the purpose of reintroducing Father to the
child's life and to serve as an Interim Order pending the hearing in which Father will be the
moving party on a Petition to Modify the prior Order docketed at 98-893.
The Order attached to this report will consolidate Father's Complaint to be heard as a
Petition to Modify under the original docket number in 'ch Father was the Defendant.
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