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HomeMy WebLinkAbout00-05433THOMAS R. ALLEMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 2000-5'!33 CIVIL TERM ANN K. ALLEMAN Defendant IN CUSTODY ORDER OF COURT AND NOW THIS e day of August, 2000, upon review of the attached Petition for Special Relief, this Court sets a hearing in this matter for G)jjen the day of 2000, at j%3U A-M./P.M. in Courtroom # , of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 01 J. fl-?Jj g-q-o R?g FN.kC) FIVE OF TH 7 'T' ',THON10TARY 00 AUG -9 AM 10: 29 CUMBERIJ4\J COUNTY PENNSYLVANIA THOMAS R. ALLEMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 2000- CIVIL TERM ANN K. ALLEMAN Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF 1) Petitioner is Thomas R. Alleman, Plaintiff in the above-captioned action. 2) Respondent is Ann K. Alleman, Defendant in the above-captioned action. 3) Petitioner incorporates the pleadings as set forth in his Complaint for Custody herein. 4) Petitioner believes that the absence of a temporary order is contrary to the best interest of the child because it allows either parent to withhold the child from the other parent. WHEREFORE, Petitioner respectfully requests that Your Honorable Court set and emergency hearing so as to set the parties' rights herein in regard to custody of the parties' child, Kendra Elizabeth Alleman. Date: 'F)60 Respectfully submitted, Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 I verify that the statements made in the foregoing Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. THOMAS R. ALLEMAN DATE: V o dC) THOMAS R. ALLEMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION -LAW NO. 2000- CIVIL TERM ANN K. ALLEMAN Defendant IN CUSTODY ORDER OF COURT AND NOW THIS _ day of , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of , 2000 at _ A.M./P.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT, BY Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. - YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THOMAS R. ALLEMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW : NO. 2000- CIVIL TERM ANN K. ALLEMAN Defendant : IN CUSTODY PETITION FOR SPECIAL RELIEF 1) Petitioner is Thomas R. Alleman, Plaintiff in the above-captioned action. 2) Respondent is Ann K. Alleman, Defendant in the above-captioned action. 3) Petitioner incorporates the pleadings as set forth in his Complaint for Custody herein. 4) Petitioner believes that the absence of a temporary order is contrary to the best interest of the child because it allows either parent to withhold the child from the'other parent. WHEREFORE, Petitioner respectfully requests that Your Honorable Court set and emergency hearing so as to set the parties' rights herein in regard to custody of the parties' child, Kendra Elizabeth Alleman. Date: Respectfully submitted, Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 verify that the statements made in the foregoing Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. THOMAS R. ALLEMAN DATE: D o df) THOMAS R. ALLEMAN Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- CIVIL TERM ANN K. ALLEMAN Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Thomas R. Alleman, an adult individual, currently residing at 32 A South Baltimore Street, Dillsburg 17109, York County, Pennsylvania. 2. Defendant is Ann K. Alleman, an adult individual, currently residing at a womens' shelter in Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child : Kendra Elizabeth Alleman, age 5, born 11/17/94. The child was not born out of wedlock. The child is presently in the custody of the Father, Thomas R. Alleman. The Defendant Mother recently has moved the child some three times in the preceding year. Most recently she moved the child into her boyfriend's house. She has since alleged that he is abusive and this caused the removal of the child from the home. Mother has moved the child on two occasions without discussing this with the Father to see if he approved of his daughter's living arrangements. Father believes that it is in the child's best interest that she be in the primary custody of her Father and the Father has assumed custody of Kendra. During the past five years, or since the child's birth, she has resided with the following persons at the following addresses: (a) from July 31, 2000 to the present, with the Father and his girlfriend, Jennifer Kiner at 32 A South Baltimore Street, Dillsburg 17109, PA; (b) from May, 2000 to July, 2000, with the Mother, her child Zachary A. Cox and the abusive boyfriend, Mike, on Market Street, Mechanicsburg PA; (c) from January,2000 to May, 2000 with the Mother and brother Zachary on York Street, Mechanicsburg PA; (d) from March, 1998 to January, 2000 with the Mother, Zachary, the maternal grandmother, Jacqueline Kreitzer and her boyfriend Jim Rudy. (e) from December, 1997 to March, 1998 with the both parents and Zachary at 7 North Water Street, Franklintown PA. (f) from birth to December, 1997 with both parents and Zachary at 123 Big Spring Terrace, Newville PA. The natural mother of the child is the Defendant. She is married to the Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural father. 5. The relationship of the Defendant to child is that of natural mother. 6. The parties have not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The Father had been one of the primary caretakers of the child since her birth. Since the parties separation he has had regular and frequent times of custody with his daughter. (b) Kendra is about to start school this autumn and the Father can provide a safe and stable home for his daughter. Mother, on the other hand has no place to live and has no employment. The Mother has a prior history of treatment for depression and has had violent outbursts against the Father which have resulted in the filing of charges by the police against the Mother. (c) The Mother's son Zachary has a bi-polar disorder and ADD which requires extra time and attention from the Mother. (c) The Father believes that the Mother will refuse to enter into a court order to bring stability to the situation pending the conciliation conference unless the Father concedes to a partial custody arrangement. In the event a temporary Order cannot be reached the Father will make an application for a short expedited hearing. Father wants to be accommodating to permit "frequent and continuing contact and physical contact" between Kendra and her Mother. 23 PACSA 5303 (a). 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff requests your Honorable Court to: A) grant custody of the child to the Father B) set an emergency hearing in order to set the parties rights until such time as there can be a full hearing in this matter; C) grant such other relief as is just and in the best interest of the child. Respectfully submitted, Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 Date: (717) 249-6873 I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. THOMAS R. ALLEMAN DATE: T/Oy 06 THOMAS R. ALLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 20005433 CIVIL TERM ANN K. ALLEMAN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of August, 2000, the parties' agreement is incorporated as an Order of Court. BY THE COURT, Kevin A. Hess, J. I" 4 THOMAS R. ALLEMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000-5433 CIVIL TERM ANN K. ALLEMAN Defendant IN CUSTODY CUSTODY AGREEMENT The parties, by their respective counsel, agree that custody of Kendra Elizabeth Alleman shall be with the Mother, Ann K. Alleman during the following times and with the Father at all other times. This schedule only extends through September of 2000. August 11, 2000 from approximately 6:30 a.m. to 7:30 p.m. August 14, 2000 from approximately 6:30 a.m. to 7:30 p.m. August 15, 2000 from approximately 6:30 a.m. to 7:30 p.m. August 18, 2000 through August 27, 2000 for vacation in North Carolina August 28, 2000 through September 9, 2000 from approximately 6:30 a. m. to 7:30 p.m. September 15, 2000 from 5:00 p.m. through September 17, 2000 at 5:00 p.m. September 20-21, 2000 from approximately 6:30 a.m. to 7:30 p.m. September 25-28, 2000 from approximately 6:30 a.m. to 7:30 p.m. September 29, 2000 from approximately 8:00 a.m. through October 1, 2000 at 5:00 p.m. The parties agree that this Agreement shall be entered as an Order of Court IN WITNESS WHEREOF, the undersigned parties have executed this agreement this day of August, 2000. WITNESS: (SEAL) Thomas R. Alleman (SEAL) Ann K. Alleman c. day' ?1 ?2 ?3 z I4?5 + rav"U z?k+'vrr?? ,{ rF n'{;. ?AM?. a i} "? NUz, +. r ¢ t? /7 P ? Cit " El 6 7 8 9 10 11 ? 12 ¢k'k Y'L$?"3`t' S x? } t - a s x.Yi 9x ad sxt Ai +v;y,t„? C^ f'F'}'y {µy','"S.A ,{ x':l s A ,!f xs t i„ ?" awe yyd?i-oa?k_vu`6?Je?> ? 4 1'. 13 14 15 16 I17 18°? 19 4 s9'aax rte` ?,3qs - vg <d CCCQ.V ?E Vim:' ?'?^\ Y\O r'.'. LAi"G7 lit,. E ?0 ?' 21 22 23 24 25 ° 3}26 Ng ."? <t do-'` it a r r s n ¢ i ?' } '¢- '? P 5913'?? N5'?,vzi 's'?$ taaa'wN".E? d`.i+,?'?a r > t t :: wrAr ?. a S arc t ..z " a P r?? Aa?"b'' Sw*?O' ?a'.+, r b3 1 ¢,,^z x.'°n "`s i}c'l .3i ??, r c'a?v?d??{ a Y !R ?`F`k ?'rSV > }} ? ?'"' utT?TahO,?i??$¢c?Et'???.e¢8y?h^'ka.¢?i ? o f y F,)C?,2 fy(V/Y` R 7 28 29 6 31 t ? ? ?rt ?? PA Labor Day 11 112 126 X27 ' 116 123 j Rosh xashao 130 THOMAS R. ALLEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANN K. ALLEMAN DEFENDANT 00-5433 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, this 15th day of August , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 11th day of September , 2000, at 9:15 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Melissa P Greevy, Esq.y Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 00 AuG I"j p"I'l41: 15 CU(VIPE-FLr I`eD 0UUN'Y PENNSYLVANIA /S IP0 'tam THOMAS R. ALLEMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 2000- SAia3 CIVIL TERM ANN K. ALLEMAN Defendant IN CUSTODY ORDER OF COURT AND NOW THIS _ day of , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of , 2000 at _ A.M./P.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT, BY Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THOMAS R. ALLEMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 2000-.3'`/33 CIVIL TERM ANN K. ALLEMAN Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Thomas R. Alleman, an adult individual, currently residing at 32 A South Baltimore Street, Dillsburg 17109, York County, Pennsylvania. 2. Defendant is Ann K. Alleman, an adult individual, currently residing at a womens' shelter in Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child : Kendra Elizabeth Alleman, age 5, born 11117194. The child was not born out of wedlock. The child is presently in the custody of the Father, Thomas R. Alleman. The Defendant Mother recently has moved the child some three times in the preceding year. Most recently she moved the child into her boyfriend's house. She has since alleged that he is abusive and this caused the removal of the child from the home. Mother has moved the child on two occasions without discussing this with the Father to see if he approved of his daughter's living arrangements. Father believes that it is in the child's best interest that she be in the primary custody of her Father and the Father has assumed custody of Kendra. During the past five years, or since the child's birth, she has resided with the following persons at the following addresses: (a) from July 31, 2000 to the present, with the Father and his girlfriend, Jennifer Kiner at 32 A South Baltimore Street, Dillsburg 17109, PA; (b) from May, 2000 to July, 2000, with the Mother, her child Zachary A. Cox and the abusive boyfriend, Mike, on Market Street, Mechanicsburg PA; (c) from January,2000 to May, 2000 with the Mother and brother Zachary on York Street, Mechanicsburg PA; (d) from March, 1998 to January, 2000 with the Mother, Zachary, the maternal grandmother, Jacqueline Kreitzer and her boyfriend Jim Rudy. (e) from December, 1997 to March, 1998 with the both parents and Zachary at 7 North Water Street, Franklintown PA. (f) from birth to December, 1997 with both parents and Zachary at 123 Big Spring Terrace, Newville PA. The natural mother of the child is the Defendant. She is married to the Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural father. 5. The relationship of the Defendant to child is that of natural mother. 6. The parties have not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The Father had been one of the primary caretakers of the child since her birth. Since the parties separation he has had regular and frequent times of custody with his daughter. (b) Kendra is about to start school this autumn and the Father can provide a safe and stable home for his daughter. Mother, on the other hand' has no place to live and has no employment. The Mother has a prior history of treatment for depression and has had violent outbursts against the Father which have resulted in the filing of charges by the police against the Mother. (c) The Mother's son Zachary has a bi-polar disorder and ADD which requires extra time and attention from the Mother. (c) The Father believes that the Mother will refuse to enter into a court order to bring stability to the situation pending the conciliation conference unless the Father concedes to a partial custody arrangement. In the event a temporary Order cannot be reached the Father will make an application for a short expedited hearing. Father wants to be accommodating to permit "frequent and continuing contact and physical contact" between Kendra and her Mother. 23 PACSA 5303 (a). 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff requests your Honorable Court to: A) grant custody of the child to the Father B) set an emergency hearing in order to set the parties rights until such time as there can be a full hearing in this matter; C) grant such other relief as is just and in the best interest of the child. Respectfully submitted, J? 1 Date: -2r -11 v--o Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 I verify that the statements made in'the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. THOMAS R. ALLEMAN DATE: T 4y w THOMAS R. ALLEMAN, Plaintiff VS. ANN K. ALLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-5433 CIVIL IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 15` day of August, 2000, the above matter having been called for hearing and after careful consideration of the testimony adduced, it is ordered and directed that, effective August 18, 2000, custody of the child, Kendra Elizabeth Alleman, shall be returned to her mother pending further order. The parties are directed to cooperate in assuring liberal periods of partial custody in the plaintiff, Thomas R. Alleman. BY THE COURT, A. Hess, J. Robert L. O'Brien, Esquire For the Plaintiff Joan Carey, Esquire For the Defendant Z4?? g . b-0 4.5 Am C; 1 TARY CUhliEERLA'Jvv COUNTY r BNNSYLVANIA SEP 18 2000) THOMAS R. ALLEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-5433 ANN K. ALLEMAN, : CIVIL ACTION - LAW Defendant : CUSTODY ORDER OF COURT AND NOW, this /1` day of 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal custody of the parties' minor Child, Kendra Elizabeth Alleman, born November 17, 1994, shall be shared in that on all major decisions affecting the welfare of the Child the Mother shall first consult with Father to determine if a mutually agreed upon course of action can be followed. If an agreement cannot be reached, Mother shall bear the ultimate responsibility of making the appropriate decision under the circumstances. In emergency decisions, the parent having the physical custody of the Child at the time shall take all actions necessary for the welfare of the Child without the need to consult with the other parent prior to taking such action. Upon taking the appropriate emergency action, the custodial parent shall then immediately contact the non-custodial parent and advise of the action taken. 2. Primary physical custody shall be in Mother, Ann K. Alleman, subject to partial custody in Father, Thomas R. Alleman. Father's custodial periods shall be as follows: alternate weekends from Saturday at 9:00 AM until Sunday at 5:00 PM, to commence September 23, 2000, and at other such times as the parties may mutually agree. 3. A holiday schedule shall be a shared schedule as agreed upon by the parties. 4. The holiday and weekend schedule shall include time to allow the minor Child to have periods of partial custody with the maternal grandparents. h OF ?(-,NOTARY 31- 0 U SEP 191 P 3-. n7 CUMSER;,A" COUNTY PENNSYNMIA If, NO. 00-5433 5. The parties shall promptly inform each other of any changes in address and telephone number. BY THE COURT, Dist: Joan Carey, Esquire, 8 Irvine Row, Carlisle, PA 1' Robert L. O'Brien, Esquire, 17 W. South Street, C THOMAS R. ALLEMAN, Plaintiff vs. ANN K. ALLEMAN, Defendant SEP 18 2000, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5433 CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 CURRENTLY IN CUSTODY OF Kendra Elizabeth Alleman November 17, 1994 Mother 2. A Conciliation Conference was held on September 11, 2000, with the following individuals in attendance: Ann K. Alleman, the Mother, and her counsel, Joan Carey, Esquire, of Mid Penn Legal Services; The Father, Thomas R. Alleman, called twenty minutes prior to the Conference and stated that he would not be attending the Conference. His counsel came to the Conference and left upon learning that his client would not be attending. Counsel for Thomas R. Alleman was Robert L. O'Brien, Esquire. Mr. O'Brien was not authorized to negotiate a partial custodial arrangement on behalf of his client because he did not know what arrangement his client would want. Therefore, it was agreed that the Conciliator would meet with Plaintiff and her counsel and enter a recommended Order reflecting the Mother's wishes and Father would then be allowed to appeal if he objected to the content of the Order. 0? 6;2m-d c--,a Date Me issa Peel Greevy, Esquire Custody Conciliator THOMAS R. ALLEMAN, Plaintiff vs. ANN K. ALLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00 - 5433 Civil Term ACTION IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this 0? q day of 2008, by and between, Ann K. Alleman, k/n/a Ann K. Rigby, (Hereinafter referred to as "Mother"), of Shiremanstown, Pennsylvania, and Thomas R. Alleman, (Hereinafter referred to as "Father"), of Dillsburg, Pennsylvania, WHEREAS, Mother and Father are the natural parents of one child, namely, Kendra E. Alleman, born November 17, 1994; and WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: r. 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. _Physical Customs Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Father, subject to partial physical custody in Mother, Ann K. Rigby. Mother's custodial periods shall be as follows: alternate weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and at other such times as the parties agree. 3. Summer. During the summer, physical custody shall be shared on a week on/week off basis. The exchange day and time shall be Fridays at 5:00 p.m. Mother shall get the first week after school is recessed, ie, beginning the first Friday after school ends. The week on/week off schedule shall end the second Friday before school resumes, so that Father shall have physical custody of the child at least two weeks before school resumes. 4. Holidays. A holiday schedule shall be a shared schedule as agreed upon by the parties. 5. Grandparents. Both parties shall make reasonable efforts to ensure that Grandparents have periods of time with the child. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. T' WITNESS: Ja Adams, Esquire 1 . South St. C lisle, Pa. 17013 (717) 245-8508 Attorney for Father Thomas D. Gould, Esquire 2 E. Main St. Shiremanstown, Pa. 17011 (717) 731-1461 Attorney for Mother T omas R. Alleman, Father Date: 4faq 03---/ Ann K. Rigby, er Date: C ? rV ?_.. c-? ?? ?? -.? ?,. ?„! `??. ? 1;- ,-?? t:;.? .? x, ?s ? f r THOMAS R. ALLEMAN, Plaintiff vs. ANN K. ALLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00 - 5433 Civil Term : ACTION IN CUSTODY ORDER 'as 0329pfr' AND NOW, this y ` day of 4,,,,,, , 2008, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on May 24, 2008 shall be entered as an Order of Court. cc: Thomas Gould, Esquire, for mother /Jane Adams, Esquire, for father Cof I CS ^2A 6L Vs/45 -Z-tlql VWAIASN MNnoo c l :e_ -;' l". ?%r jo