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Home My WebLink About98-06956 ~ I' ,~r ...' ~.. \): G:' ~i I I l~ , ~ l~ I~ , i i I I i I I i , I , ! 1 J i l ~ I .' ~ I , i , , ! I j t ! \. l~ ....... . .. . :) ... '-J ,) 'f ~ ~ -...9 '~ ~ . ~ 0~!ls!~n0] 10:43 717730','341; ~JIENI<EN ASSOGIATES F'P,(iE (l,~ " . Labor Day 6. Thanksgiving Day 7. Christmas Eve 8. Christmas Doy Father shall be entitled to the odd"numbered holidays above in odd-numbered years and to the ,~ven-numbered holidays above in even-numbered years. D. Father shall be entitled to have the child on his birthday in odd-nurnbered years and mother' shall bp entitled to have the child on his birthday in C'ven..numbered years. E, Such other times as the parties may agree~ All vis1tation pick-up and return of the child shall be accomplished at the Tom's convenience ,store Ht the Shrewsberry Exit of Interstate 83. , ~. Notw~th~~andin9 :he above visi1:Rtion s=~ej~Je. ~0~~}~r shall be ent~tled to have :he c~lla on ~o:he~'s Day e~ch year arid father shall be entitled ~o ha"B tte child en ~ather's Day each year, ,. -'. ~either party shall drive a vehi~l.~ i~ wh~~l~ :he child is ;"n occupant after ha'Vir~g had any alcoholic Lt.~"I--!rag'=,s tc' drink within fc,ur hours of gettinl) in th(~ CI,1r llcr ,,!-.~,ll c'itb'l:' party allow the child tc be u: ,', vl;'h~cl" ~1: \.:~.lcr.~ tiJ' j::i\'(~~~ ha~-:;. ht1d ,~:~cohclic t.t::")c:r'-~(;f.""G tc: dr:r.;.:; RUBY L. FLEMING, . IN THE COURT OF COMMON PLEAS OF . plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO, 98-6956 CIVIL TERM . , THOMAS W. MARCH, . CIVIL ACTION - LAW . Defendant : IN CUSTODY ORDER OF <XXlRT day of ..JEJ>/T..wJ, E/Z CUstody Conciliation Report, , 2000, upon it is ordered 2. Pending further order of Court or agreement of the parties, the parties shall have shared legal custody and shared physical custody on an equal basis with the specific arrangements to be established by agreement of the parties. J. cc: Ruby L. Fleming, Mother Thomas W. March, Father ~d~A"dC. C."d~;; . ~ C:P lo? O{~ RUBY L. FLE/lING, : IN THE COURT OF COMMON PLEAS,OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO, 98-6956 CIVIL TERM THOMAS ~I MARCH, : CIVIL ACTION - LAW Defendant . IN CUSTODY . CUSl'ODy crncILIATIOO 5lI'lMARY REPORT IN ACXXIIDA.NCE WITH ClI'IBERIJ\ND <XXlNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliato~ submits the following repo~t: 1. The pertinent information conce~ning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTII CURRENrLY IN CUS'IDDY OF Thomas C. ~la~ch Ap~il 27, 1997 Mother/Father 2. A Conciliation Conference was held on August 24, 2000, with the following individuals in attendance: The Mothe~" Ruby L. Fleming, who is not ~epresented counsel in this matte~, and the Fathe~, Thomas W. ~larch, who also is not ~epresented by counsel in this rratter. 3. A Complaint was filed in Decelnbe~ 1998 in which both pa~ties joined in a ~equest fo~ shared physical custody. Although' it is unclea~ to the Conciliator whethe~ an Order was actually entered based on the parties' request, the parties have, in fact, been sharing physical custody on close to a weekly basis fo~ almost 2 yea~s.As the Mother resides in Wormleysburg and the Father lives in Baltimo~e, Maryland, the pa~ties have been exchanging custody in Shrewsbury, Pennsylvania. The Mother filed this Petition fo~ Modification and ~equests primaL')' physical custody of the Child. The parties were not able to ~e~,ch an agreement at the Confe~ence and it will be necessary to schedule a Hearing. '1l1e pa~ties both acknowledge that a comprehensive evaluation of the Child was performed by the C.A.I.U. in April 2000, which resulted in a finding that the Child has a disability and cequires special education including specialized classes and suppo~t fo~ speech and language developnent and imp~ovement of gross rrotor skills. 4. '1l1e Mother's position on custody is as follows: '1l1e Mother believes that the disabilities and delayed developnent identified in the reporr. and ~econmendations of the C.A.I.U. have been either caused by or exacerbated by t.he instability of the shared custody arrangement, The Mother believes that to address these problems, the Child would benefit from a more stable residence and she is the p3r.ent "no is able to provide THOMAS W. MARCH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. v. RUBY L. FLEMING, DEFENDANT CIVIL ACTION - LAW IN CUSTODY COMPLAINT AND JOINDER FOR CUSTODY 1. The Plaintiff is Thomas W. March, social security no. 216-66-2871, residing at 54 Yorkway, Baltimore, Baltimore County, Maryland 21222. 2. The Defendant is Ruby L. Fleming, social security no. 163-60-2846, residing at 20 North Second Street, Wormleysburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant seek shared custody of the following child: NAME PRESENT RESIDENCE D.O.B. Thomas C. March Shared: 04-27-97 Plaintiff 54 Yorkway Baltimore, Maryland Defendant 20 North Second Street Wormleysburg, Pennsylvania The child was born out of wedlock. The child is presently in the custody of both the Plaintiff and Defendant. The Plaintiff resides at 54 Yorkway, Baltimore, Maryland. The Defendant ~esides at 20 . . Thomas March . . Comprehensive Evaluation Report PAGE: 7 OOR: 5/15/00 . -, , 'l'- ,"'1. , ... . ' >, :' ' . '.', ~~ :,;,::,;..,:':' ~"". .' ':",:"_:' :~"^""-:,:: " '~"__"':~'''.~.~' '~:,:'~~'~ ,,~n-:_., ,_' / .' '. _ > :: : '. ,'\",: ., ' .,' ., " , ' " '.'''- " \' . .. , V. RECOMMENDATIONS: A. Recommendations of EIiQibilitv for EI Services and ProQrams: 1. ~ Team recommends eligibility for early intervention services. Child has a disabilily and requires special education, which may include'related services The following services or programs should be considered by the IEP team. A specialized classroom is recommended to meet this child's needs. It is also recommended that the child receive support for speech and language development and the quality of his gross motor skills, It is recommended that Thomas obtain an audiological evaluation through the CAIU. Parents will be contacted to schedule this evaluation, 2. 0 Team recommends continued eligibility (Attach IEP), Child has a disability and continues to require special education, which may include related services" The following programs or services should be considered by the IEP team. : 3. 0 Team does not recommend eligibility for early intelvention services, Recommendations for follow-up activities are: B. Recommended Services to meet the familv's needs: The family would benefit from participation in the CAIU Family Resource Program, This program provides parent support, parenting and behavior management strategies to assist families in coping with daily life situations, Tha parents should contact Marcia Gelman at 732.8400. exl. 562, 'cc: Tan & Garcia ",. .. 5. Labor Day 6. Thanksgiving Day 7. Christmas Eve 8. Christmas Day Father shall be entitled to the odd-numbered holidays above in odd-numbered years and to the even-numbered holidays above in even-numbered years. D. Father shall be entitled t6 have the child on his birthday in odd-numbered years and mether shall be entitled to have the child on his birthday in even-numbered years. E. Such other times as the parties may agree. 3. All visitation pick-up and return of the child shall be accomplished at the Tom's convenience store at the Shrewsberry Exit of Interstate 83. 4. Notwithstanding the above visitation schedule, mother shall be entitled to have the child on Mother's Day each year and father shall be entitled to have the child on Father's Day each year. 5. Neither party shall drive a vehicle in which the child is an occupant after having had any alcoholic beverages to drink within four hours of getting in the car nor shall either party allow the chi Id to be in a vehicle in which the d1-ive1' has had alcoholic beverages to drink . ':': ,: ,,:','.-~;'~:'''';'''>: ",",', .'7~~,"'':'':''',:"''':''~''~':~;:'~.~''':'''~'":7~:''-,':>...:. ..'.... ".:'. ~".~'>~~~,,:. ," '. ',. I , , \ , f ; ! f . \ = = " '''. r ;. ~ , . ~l., "- I" 'l~ , Ii 'II ;;~:~,!;.. G.th~ '; !;~~X ~ c. .''1",.11 . l~\ . 1. ,,".~ I" A,," \, '{' .' 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