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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,