HomeMy WebLinkAbout98-00940
i-
~
-
t
~
'"
~
0
~
"\.
~
I
I
I
I
. -J'
J
J
,
0.-
~
~
" I
",/
\\
. . \ I II
( .\'. I
" ,c t,' r, ')
,d \
, ',\
"
'".,J,'
. i,
O)'.~ tvfftA/.' ,aJPtt /l1~l~V. -4y?;.. ll-d !c.kl4d~
cS).e:t.p, 9'6 "'1...1- ft'. /1 J.
'" 7ft'ltU /lyi:t-ff'/ ;{; at. . .
'-,) .,)5'Y',f // '_ ~. " ~ j
(~ ~dV'~ ___ 7'1. .d:I':f" t~'
I
~
>- 1.0
!I: ",
I> ..
LLi~~1 ('q
U , : . .
r' .'
, , i, rL
()
1., t~ I
. i
, . ;t:"
'. 1
1--' t".
1.1. ((I
C) l'.Y\ I J
c:?, ~
'k) \~)N
~ ~)
'~
~
0-<
,-
-~
1\'0
"
"-
1\"
1-('.
,......~
----
'-(J
\,
~
S}
f)
,,~
rt
~,,::-f:j '<
--.~--
FilJI:- ()i"FICF
0, .... """ ''''''''f''''(
It I:"', .'!" ",,)">) ;\il
IJO ,JIHI - G AH IO! 211
f"U' F" 0 OJ '1 ' n",u,,/"IY
\J l~h;.J~:1 ,../ '" t.,,' \..J\,.t I
F'E~lr~GYI.V/,,\1IA
4, Father shall have the children every Christmas from Deeembcr 23rd at
3:30 p.m, until December 24th at 8:00 P,\1l, Mother shall havc the children from
Decemher 24th at 8:00 p,m, and shall end on Dccembcr 26th at 8:00 p,m.
5. The parties shall altcrnate the Ncw Year's holiday which shall occur 011
December 31 st each yeur beginning at 6:00 p,m. until Janllmy 1st caeh YCUl' at
6:00 p,m. This alternating holiday shall commcnee with Mothcr having
Deccmbcr 31, 1998. and all CVCIHltllnbcrcd ycars thel'i~after and !7athcr having
Decemb<.:r 31, 1999, and all odd-numbcrcd ycars thcrcaftcr.
6. Mothcr shall havc thc ehildrcn cvcry Eastcr from Saturday cvening
prior to Easter at 8:00 p.m. until Sunday at 8:00 p,m,
7, Mother shall have thc entirc Mcmorial Day weckend.
8. Father shall have thc entire Lanor Day wcckend.
9. Mothcr shall havc the ehildrcn cvery Mothcr's Day, which shall occur
from Saturday night bcforc Mother's Day at 8:00 p,m, until Sunday at 8:00 p.m.
Father shall have thc childrcn cvcry Fathcr's Day, which shall (leCUr from
Saturday night bcforc Fathcr's Day at 8:00 p,m. uotil Sunday at 8:00 p,m,
10, Both partics shall have a pcriod of up to Iivc (5) consceutive days for
summer vaeatioll timc with thc children, Thesc pcriods of timcs can bc added on
to thcir other pcriods of ellstodialtime with thc ehildrcn, Thcy shall provide each
other with thirty (30) days advance writtcn notice as to when thcy intend to
exercisc these live (5) days of sllmmcr vacation.
'! I\llr' '"J ,
1,,1/',1, ,:'.:
" Ii' I.'
,,,I " I..
(...,.-,,
_,L.,;'.:,i
"
I,
\."".1;\
,i I",
!
.
"
11
~.,)~ tV M (~I ;~:A/ ~ Fttf /d.4'~(J
('cJf.tJl '1lt'~;- /It~~ij' t ~fI'
~') ff .tJj (I~ /I1a<~ 1) 4 ~~tj'
JAMES M. SlJPKO, . IN Tim COlJRT 011 COMMON PLIIAS
Plalnliff, . CUMBERLAND COlJNTY. I'}.;NNSYLV ANIA
.
VN. . No, 911-940 CIVIL TERM
.
DIANE SCHMIDT, * CIVIL ACTION - LA W
Dcfcndullt. . IN ClJSTOny
PETITION TO MOOJliY OROER OF CUSTODY
AND NOW, Plaintiff, by and through his attorney, Heather L, Harbaugh, Esquire, files a
Petition to Modify Order of Custody, and in support thereof, avers the following:
I, Plaintiff is JAMES M, SUPKO, Father, who currently resides at 407 Linden Avenue,
Marysville, Cumberland County, Pennsylvania 17053,
2. Defendant is DIANE SCHMIDT, Mother, who currently resides 350 Old Trail Road,
Lot 49, Newberry town, Pennsylvania, 17319,
3. The parties hereto arc the parents of the following minor children who currently
reside at 407 Linden A venue, Marysville, Cumberland County, Pennsylvania 17053:
Britlnee Leanne Supko
Michael James Supko
Age 12
Age 10
4. On June 5, 1998, the Court entered an Order of Custody, granting Plaintiff shared
legal custody and paliial physical custody of the children, A true and correct copy of this Order is
marked Exhibit "A," attached hereto, and made part thereof.
5, The best interest nnd pcrmnnent welfare of the children will he served by a
modification of the Court's Order, specifically:
A. Granting Plnintiff primnry physical custody and Defendant partial physical
custody of the minor children as the children have resided with Plaintiff continuously
since August, 2000 at the request of the Defendant.
4: Father shall have the children every Christmas /I'om December 23rd at
3:30 p.m. until December 24th at 8:00 p.m. Mother shall havc the childrcn /i'om
December 24th at 8:00 p,m. and shall end on December 26th at 8:00 p,m.
5, The parties shall alternate thc Ncw Year's holiday which shall occur on
December 31st each ycar beginning at 6:00 p,m, until January 1st cach year at
6:00 p,m, This alternating holiday shall commence with Mothcr having
December 31, 1998. and all cven-numbered years therealier and Father having
December 31, 1999, and all odd-numbcrcd years thercalicr,
6, Mothcr shall have the chi Idren every Easter from Saturday evening
prior to Easter at 8:00 p'm' until Sunday at 8:00 p.m.
7, Mother shall have the entirc Memorial Day weekcnd,
8. Fathcr shall have the cntire Labor Day weekend,
9. Mother shall have the children every Mother's Day, which shall occur
from Saturday night before Mother's Day at 8:00 p,m, until Sunday at 8:00 p,m,
Father shall have thc childrcn every Father's Day, which shall occur from
Saturday night before Father's Day at 8:00 p,m, until Sunday at 8:00 p,m.
10. Both parties shall have a period of up to five (5) consecutive days for
summer vacation timc with the childrcn. These pcriods of times can be added on
to their other periods of custodial time with the childrcn, They shall provide each
other with thirty (30) days advance written notice as to when they intend to
exel'cise thesc live (5) days of summer vacation,
~
'," co -- ~
(r; f""
., ....
, .. ,';i.'r (1
,', .~ ~
" ' !.):-';l
, .-. ():.:r:
"
L~, . (M) ':.~j ':)- ~
;, >.. ~
. f/)
! C-J .1..< 8 ~
1'-"'- ~
(.~, .-r(\Oj
::J '-'1\l..
ll(;.
::1 . ~ ~
r.) U ~
'*
JAMES M, SUPKO, . IN THE COURT OF COMMON PLEAS
Plaintiff, . CUMBERLAND COUNTY, PENNSYLVANIA
.
VS. . No, 98-940 CIVIL TERM
.
DIANE SCHMIDT, . CIVIL ACTION - LAW
Defendant, . IN CUSTODY
CERTIFICATE OF SERVICE
I, Misty D. Lehman, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify
that on September 7, 2001, I served a true and COlTect copy of the Petition to Modify Order
of Custody and Order of Court scheduling the Custody Conciliation Conference upon Diane
Schmidt, Defendant, by depositing same, Certified Mail, Return Receipt Requested, and via
regular mail, postage pre-paid, in the United States Mail. Harrisburg, Pennsylvania,
addressed as follows:
Diane Schmidt
3050 Old Trial Road, Lot 49
Newberry town, PA 17319
Date: q.), (:')\
D\ t fA ~.~. 't:it ~,- W\Oli<\.)
Misty D. Lell an
'",-. ":'1' -....
fy u: (:;:
, .ll ~
..r!~f
, I..J~~
(i:: .,).;:r
.;;;:
')s:!
.,,~~
Lt,-~
(if
81 ;11,1.1..1
1.0(1..
(.I) ~~
". .-. 3
': ) .:~')
JAMES M. SUPKO, . IN TilE COURT 01' COMMON "LEAS
Plaintiff, . CUMDERLANI) COUNTY, PI,NNSYLV ANIA
.
V8. . No. 98-940 CIVIL n~J{M
.
DIANE SCHMIDT, . CIVIL ACTION. LAW
Defendant. . IN CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF DAUPHIN
AND NOW. this 21st day of September, 2001 personally appeared before me, a Notary Public in
and for ,he aforesaid Commonwealth and County. Wendy L. Shive. who being duly sworn according
to law, deposes and says that on September 7, 2001, she mailed a certified copy of the Petition to
Modify Custody and Conciliation Order, hy certified mail. restricted delivery, return receipt
requested, to Diane Schmidt, 3050 Old Trail Road, Lot 49, Newhenytown, P A 17319, and the same
was received by her on September 20, 2001 as indicated by the return receipt card which is attached
hereto.
/ . .
. . ~ / C'~
{Jt{/17./_"~/~,I-61'.Z;;:E-j
Wendjj Ive
,-
SII'O.11 III and subscribed bcforc mc
on this ::.{i~ day of (~\Cl\\.btL.
2001
..ffill.At~, () JJvW\Ll U
NUUlry l'ubn;-
Nola,lal Sea'
Misty D, Lehman, Nolary Publlo
Harrisburg, Dauphin Counly
My Commission E,plro9 Aug, 2. 2004
~
Plaintiff
OCT 0 1 2J\
IN THE COURT OF COMMON PLEAS OF ' )(
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 98.940
JAMES M. SUPKO,
vs,
DIANE SCHMIDT,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER .QE.C.QURI
Oler, J,-
AND NOW, this .....J.~~ day of October. 2001, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1, 1~~LC1lli\.QQ)', The parties, James M, Supko and Diane Schmidt, shall have
shared legal custody of the minor Children, Brittnee Leanne Supko, born September 23, 1989,
and Michael James Supko, born January 18,1991, Each parent shall have an equal right, to
be exercised jointly with the other parent, to make all major non-emergency decisions affecting
the Children's general well-being including, but not limited to, all decisions regarding their
health, education and religion, Pursuant to the terms of Pa, C, S, S 5309, each pClrent shall be
entitled to all records and information pertaining to the Children inclLlding, but nollimited to,
medical, dental, religious or school records, the residence address of the Children and of the
other parent. To the extent one parent has possession of any such records or information,
that parent shall be reqLlired to share the same, or copies thereof, with the other parent within
such reasonable time as to make the records and information of reasonable use to the other
parent.
2, Physical Custod~ Father shall have primary physical custody Mother shall have
partial physical custody arranged as follows:
A. To commence September 28, 2001, on alternate weekends, irom Friday
at 6:00 p,m, until Sunday between 5:00 and 7:00 p,m,
B, Effective October 8, 2001, on Monday evenings follOWing Father's
custodial weekend from 6:00 p,m, until 8:00 p,m,
C, And at such other times as the parties may agree,
3. ' Transportation, Transportation shall be shared by the parties with the parent who is
beginning their custodial period being the parent to provide transportation for the Children.
No, 98-940 Civil Term
4, Holidays, The holidays shall be arranged as follows:
A. Father shall custody for Thanksgiving and Memorial Day.
B. Mother shall have custody for Easter and Labor Day.
C, Independence Day shall be enjoyed by the parent who has custody of tile
Children on that day,
D, Mother shall have Christmas Eve until 9:00 p,m" unless otherwise agreed,
E, Father shall have custody for Christmas Day.
F, The period of custody for Mother's Day and Father's Day shall be from
8:00 p,m, the evening before the holiday until 8:00 p,m, the day of the
holiday, Mother shall have custody for Mother's Day and Father shall
have custody for Father's Day,
G, The parent who does not have custody of the Children on their birthdays
shall be entitled to a minimum of two hours of partial custody on the
Children's birthdays,
5. 'J[acatlon, Each parent shall be entitled to up to two ten-day periods of vacation
each year, The parties shall provide each other with notice of their intended vacation
schedules by April 151 of each year,
6. In the event that either party Is unavailable to provide care for the Children during
his or her custody for a period of eight hours or more, that party shall first make a reasonable
effort to contact the other party to offer the parent the opportunity to provide care for the
Children before contacting third-party caregivers, This paragraph shall not apply to snow
days,
7, Neither party shall do or say anything which may estrange the Children from the
other parent, Injure the opinion of the Children as to the other parent, or hamper the free and
natural development of the Children's love and respect for the other parent. Each parent shall
ensure that third parties also comply with this provision during his or her periods of custody
Both parents shall establish a no-conflict zone for their Children and refrain from making
derogatory comments about the other parent in the presence or earshot of the Children and,
to the extent possible, shall prevent third parties from making such comments In the presence
or earshot of the Children,