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HomeMy WebLinkAbout99-03769 j f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Glen A. Weaver, Plaintiff NO. qq- 37 (Dq ?L.L& TerM V. CIVIL ACTION - LAW IN CUSTODY Beverly A. Weaver, Defendant ORDER OF CO AND NOW, THIS day of ani , 1999, upon consideration of the attached Complaint, IT I HEREBY DIRECTED that the parties and their respective legal counsel shall appear before td , the conciliator, at 00// on the 1i r" day of , 199.2, at U:00 1, for a Prehearing Custo Conference. At such conference an effort will be made to resolve the issue 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. Either party may bring the Child or Children who are the subject of this custody action to the conference, but the child's/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. F//OR?? THE COURT uowvmz CUMBERLAND LIBERTY AV ASSOCIATION CAR LIBERTY AVINT3 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American 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. IN THE COURT OF COMMON PLEAS OF 1 ?• 0217 , -94 ?, . CUMBERLAND COUNTY, PENNSYLVANIA Glen A. Weaver, 11 Plaintiff NO. 7I- 37LD 1 CU.,-Q Trm V. CIVIL ACTION - LAW IN CUSTODY Beverly A. Weaver, Defendant CUSTODY COMPLAINT 1. The Plaintiff is Glen A. Weaver, residing at 505 Barry Court, Mechanicsburg, PA 17055. 2. The Defendant is Beverly A. Weaver, residing at 118 November Drive, Apt. #5, Camp Hill, PA 17011. 3. Plaintiff seeks custody of the following child: NAME PLACE OF RESIDENCE AGE D.O.B. Allison Ann Weaver 505 Barry Court, 4 2/11/95 Mechanicsburg, PA 17055 4. The child, Allison Ann Weaver, was not born out of wedlock. 5. The child, Allison Ann Weaver, is presently in the custody of the father who resides at 505 Barry Court, Mechanicsburg, PA 17055. 6. During the past five years, the child, Allison Ann Weaver, has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Glen A. Weaver, 505 Barry Court 10/98 Mechanicsburg, to PA 17055 present Glen A. Weaver, 118 November 9/97 and Beverly A. Weaver, Drive to Camp Hill, PA 10/98 17011 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Page 2 of 13 PERSONS ADDRESSES DATES Beverly A. Weaver Dysart, PA 4/97 Ray Fontanella, to (Maternal Grandparent) 8/97 Rose Fontanella, (temp work in (Maternal Grandparent) CT for 2 week intervals 4/97- 6/97; EDS training 6/97- 8/97) Glen A. Weaver and Waukesha, 11/95 Beverly A. Weaver, Wisconsin to 4/97 Glen A. Weaver Duncansville, Birth PA to 11/95 7. The mother of the child is Beverly A. Weaver currently residing at 118 November Drive, Apt. #5, Camp Hill, PA 17011. She is married. 8. The father of the child is Glen A. Weaver currently residing at 505 Barry Court, Mechanicsburg, PA 17055. He is married. 9. The relationship of Plaintiff to the child, Allison Ann Weaver is that of father and daughter. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIP Allison Ann Weaver daughter 10. The relationship of Defendant to the child, Allison Ann Weaver, is that of mother and daughter. The Defendant currently resides with the following persons: NAMES RELATIONSHIP none n/a DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737.0100 Page 3 of 13 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child, Allison Ann Weaver, in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the child, Allison Ann Weaver, pending in a court of this Commonwealth. 3. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child, Allison Ann Weaver, or claims to have custody or visitation rights with respect to the child, Allison Ann Weaver. 14. The best interest and permanent welfare of the child, Allison Ann Weaver, will be served by granting the relief requested because: a. The father has been the primary custodian of the child since the parties separation; b. The child does nor want to stay with the mother for prolonged periods; C. The mother has indicated that if she has custody she intends on moving to the Altoona area, which woul d prevent the father from having regular cont act with the child; d. The father can better provide for the physical and emotional needs of the child and see to her best interest; 15. Each parent whose parental rights to the child, Allison Ann Weaver, have not been terminated and the person who has physical custody of the child, Allison Ann Weaver, have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant shared legal custody of the child, Allison Ann Weaver, to the DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 7370100 Page 4 of 13 parties and primary physical custody of the child, Allison Ann Weaver, to the Plaintiff in accordance with the proposed Order attached hereto and made a part hereof. Respectfully submitted, LIFF, I E rindle Road Camp ll, PA 17011 (717) 737-0100 Fax: (717) 975-0697 ID No. 32112 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Page 5 of 13 Glen A. Weaver verifies that the statements made in this complaint are true and correct. Glen A. Weaver understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities, DIANE G. RADCLIFF 3418 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737-0100 Date:-.L- 2./- 6 9 -L Glen A. Weaver, Plaintiff Page 6 of 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA en A. Weaver, Plaintiff NO. V. CIVIL ACTION - LAW verly A. Weaver, IN CUSTODY Defendant 7the NOW, this day of 1999, upon consideration of within Stipulated Custody Agreement executed by Beverly A. Weaver ("Mother") and Glen A. Weaver ("Father") (sometimes individually "Parent" and collectively "Parents") pertaining to their minor child, Allison Ann Weaver, born February 11, 1995 ("the Child), IT I3 HEREBY ORDERED AND DECREED as follows: The -Parents shalt aha and have joint laaai cusi-ody of he Child. Each Parent shall be entitled to participate, jointly with the other Parent, in all major non-emergency decisions affecting the Child's health, education, religion and general well being. Pursuant to the foregoing the following shall apply: DIANE G. RADCLIFF 3448 IRINDLE ROAD CAMP HILL, PA 17011 (717)737.0100 1. Access to Information: Each Parent shall be entitled to access to any and all information, persons, entities and documentation regarding the same so that informed decisions can be made. 2. Non-major D iG;on=: Non-major decisions involving the Child's day to day living shall be made by the Parent Page 7 of 13 then having custody, but to the extent possible, the Parents shall attempt to make such rules and follow such schedules as would provide the Child with continuity regardless of the then existing custodial Parent. 3. Emergency Decisions: Emergency decisions regarding the Child shall be made by the Parent then having physical custody, but that Parent shall communicate to the other Parent the nature and extent of the emergency and shall provide that other Parent with all information pertaining to the treatment so that the other Parent may be involved in the decision making process at the earliest possible time. 4. Copies of Documents: Upon receipt by a Parent, copies of the Child's school schedules, special events notifications, report cards and the like shall be provided to the other Parent. Each Parent shall share with the other Parent any other information and documentation, or copies thereof, that each Parent possesses regarding the Child within such reasonable time as to make the records and information of reasonable use to the other Parent. 5. Notice o A iv ies: Each Parent shall provide the other Parent with at least 48 hours advance notice of school or other activities whenever possible. 6. No Deroga o y Comments: Neither Parent shall make any derogatory comments about the other Parent in the presence of the Child and to the extent possible shall prevent third parties from making any such comments in DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737.0100 Page 8 of 13 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737.0100 the presence of the Child. 7. No Discussion: Neither Parent shall discuss any aspect of the custodial situation with the Child and shall not utilize the Child for purposes of conveying information or inquiries pertaining to the Child to the other Parent. 8. b9ziQ n m n Each Parent shall notify the other Parent of any medical, dental, optical and psychological appointments and/or treatment for the Child sufficiently in advance thereof so that the other Parent can attend. 9. Care Providers: Each Parent shall provide the other Parent with the name, address and phone number of any babysitter or other daycare providers that regularly watch the Child for that Parent. 10. Teler)hon Contact: Both Parents shall be afforded reasonable telephone contact with the Child while in the other Parent's custody. 11. Temporary Absence from o monw -t h: If either Parent intends on removing the Child from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that Parent shall provide the other Parent with the address and phone number where the Child can be reached during the period of absence. 12. Relocation: Neither Parent shall remove the Child from the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania on a permanent basis without providing the other Parent with at least ninety (90) days advance notice thereof. Said ninety (90) day time period is designed to allow the Parents to negotiate Page 9 of 13 a modification of this Stipulated Agreement and in absence thereof to be able to petition the Court for a modification if the same is appropriate under the circumstances. PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Child: 1. Primary Custody: Father shall have primary physical custody of the Child. 2. Partial Custody: Mother shall have rights of partial custody of the Child. 3. Alternating Weekends: The Parents shall alternate custody on alternating weekends from Saturday at 9:00 a.m. until Sunday at 6:00 p.m. 4. Mid-Week Period: Mother shall have custody Wednesday evening of each week from at the conclusion of her workday until 8:00 p.m. 5. Holidays: The Parents shall alternate custody on the following major holidays under the terms and as set forth below: a. Easter: From 9:00 a.m. through 7:00 p.m.; b. Memorial Day: From 9:00 a.m. through 7:00 p.m.; C. Independence Day: From 9:00 a.m. through 7:00 p.m.; d. Labor Day: From 9:00 a.m. through 7:00 p.m.; e. Thanksgiving: From 9:00 a.m. through 7:00 p.m.; f. Christmas Eve - Christmas Morning: From December 241h at 9:00 a.m. until December 25th at 12:00 p.m.) g. ?'hristma Afternoon - December 61h: From December DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Page 10 of 13 25th at 12:00 p.m. until December 26`h at 7:00 p.m. h. Holiday Schedule: The following schedule shall apply regarding the above stated holidays: HOLIDAY ODD YEARS EVEN YEARS EASTER Mother Father MEMORIAL DAY Father Mother INDEPENDENCE DAY Mother Father LABOR DAY Father Mother THANKSGIVING DAY Mother CHRISTMAS EVE-CHRISTMAS MORNING Father Mother CHRISTMAS AFTERNOON- DECEMBER 26TH Mother Father DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737.0100 5. Mother's Day: Mother shall have custody each Mother's Day from 9:00 a.m. until 7:00 p.m. 6. Father' Davy: Father shall custody of the Child each Father's Day from 9:00 a.m. until 7:00 p.m. 7. Summer Vacation Time: Each Parent shall be entitled to three (3) uninterrupted weeks of custodial time with the Child under and subject to the following terms and conditions: a. The weeks are to be exercised in three (3) non- consecutive one (1) week periods. b. To the extent possible these weeks shall be scheduled to encompass the selecting Parent's regular alternating weekend. C. If said scheduling set forth in subparagraph b above is not possible or practical, then the Parent Page 11 of 13 selecting the custodial time period that encompasses the other Parent's regular alternating weekend shall switch weekends with the other Parent so that neither Parent has custody of the Child for more than 2 consecutive weekends. d. Each Parent must provide the other Parent with at least thirty (30) days advance written notice of his or her intention to exercise each of these custodial weeks. e. Should conflict arise between the selection of said weeks the first Parent to notify the other Parent of his or her selection shall have the right to exercise custody on the weeks selected. MISCELLANEOUS CUSTODY TERMS: 1. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be provided by Mother. 2. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. BY THE COURT: DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737.0100 Page 12 of 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Glen A. Weaver, Plaintiff NO. V. CIVIL ACTION - LAW IN CUSTODY Beverly A. Weaver, Defendant AND NOW This day of , 1999, Glen A. Weaver and erly A. Weaver hereby stipulate and agree that the foregoing tody Order shall be entered by the Court in the above captioned ter. IN WITNESS WHEREOF the parties, intending to be legally bound reby, have set their hands and seals the day and year below itten. GLEN A Date: WEAVER SEAL BEVERLY A. WEAVER Date: DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717(737.0100 Page 13 of 13 V J d 3 ? o aa= ? ?dFy A iUN ? X995 <?c .? a a °' a ' ` - ? ?dFx zu7 ? ? a a Q ? U Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Glen A. Weaver, Plaintiff NO. 99-3769 V. CIVIL ACTION - LAW Beverly A. Weaver, IN CUSTODY Defendant AFFTDAVTT OF CFAVT(-V, I, Diane G. Radcliff, Esquire, being duly affirmed according to law, deposes and says: I served a true and correct copy of the Complaint in Divorce upon the Defendant, Beverly a. Weaver, by Certified Mail, Restricted Delivery on the 7th day of July, 1999. The return receipt mailing card, or a copy thereof, is attached hereto as Exhibit "Ax' and made a part hereof. Respectfully submitted, DIANE G. 1. ESQUIR 3 rin a Road Ca PA 17 011 Phone: (717) 737-0100 Fax: (717) 975-0695 I.D. No. 32112 Attorney for Plaintiff Sworn to and subscribed before me a Notary Public in and for Chmberlan County, lvania Y nnsy , 1999. NOTARY PUBLIC /-1 Qy commission expires: DIANE G. RADCLI II ?? Notarial Seal 3448 TRINDLL• ROAD D DebOreb L Donley. Notary Public CAMP HILL, PA 17011 vamp HIII BOro, Cumberland County (717) 737-0100 Fd Comrtlsnlon Expires Sept. 23.1999 Muumm POImSgNalh, AsSoCiallon 01 Noladns DIANE G. RADCLIFF 3478 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 aCanplele hams 1 "w 2 fa edeoorw sonvoes. I also Wlsh to twelve the a(,`arplNe Moms s r, W 4b. a nano aW address on ON wverse of this fan eu owl we an retum INS folloWing services (for an andre fee): Cold to NANNO IT 6, to the front of the mW44sol a on the sack a wow dose not ' , aWrae•RNUm A a o R NW' N th 1. 0 Addressee s Addrea eque m on t e ma gea below the ankle rwnlber. e11 2,. Restdctod Delivery r Relum Recalls we an" to wlgm tlw ante was delivered and the date doovaW. Consult posenaster for fee. 3. Article Addressed to: 4a. Article Nuntbor 40. Servke T ype O Registered )Ccerttw ? Express ,may, InsurW i- 4 ? Return or Me M COD /? 7. Date of It ry I a l and 1984 EXHIBIT A RETURN RECEIPT CARD GLEN A. WEAVER, Plaintiff VS. BEVERLY A. WEAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3769 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION ORDER AND NOW, this day of 1999, upon review of the Conciliator's Report, it appearing that the parties have reached an interim agreement and that agreement was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The parties shall submit themselves and their minor child to a custody evaluation to be performed by Guidance Associates. The parties agree that they shall take whatever steps are necessary to have that evaluation completed in a timely fashion and shall cooperate in any way that is deemed necessary in order to have the evaluation completed. The parties shall evenly share in the cost of the evaluation. 2. The parties shall reconvene for another conciliation conference on October 21, 1999, at 11:00 a.m. 3. Pending said conciliation, parties shall have custody of the minor child in accordance with the following: 1. The parties shall share legal custody of the minor child, Allison A. Weaver, d.o.b. February 11, 1995. Mother shall have custody of the minor child on alternating weekends from Friday at 6:45 p.m., at which time Father shall drop the child off at Mother's residence, until Monday morning, at which time Mother shall drop the child back at the daycare provider. This alternating weekend shall commence such that it falls on the weekends that Mother is not working. 2. Every Wednesday at 6:45 p.m., Father shall drop the child off at the Mother's residence until Thursday morning, at which Mother shall drop the child back at the daycare provider. 4. Father shall have the child at all other times. 5. The parties understand that this is an interim order and in no way prejudices either from raising any issues that they may otherwise have concerning an appropriate custodial arrangement with their child. BY *eIA J. Diane G. Radcliff, Esquire Keirsten W. Davidson, Esquire -h-& E ( Co/Q. Y- dr, 9; mlb i-; 9'Jld:rZt i?; 4: 1b _jNly GLEN A. WEAVER, Plaintiff VS. BEVERLY A. WEAVER, Defendant JUDGE PREVIOUSLY ASSIGNED: None. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3769 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-81b?, 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 BIRTHDATE CURRENTLY IN CUSTODY OF Allison Ann Weaver February 11, 1995 Plaintiff 2. A Conciliation Conference was held on August 12, 1999, and the following individuals were present: the Plaintiff and his attorney, Diane G. Radcliff, Esquire; the Defendant appeared with her attorney, Keirsten W. Davidson, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child: Neither party requested. 8. Need for independent psychological evaluation or counseling: The parties shall submit themselves and their minor child to a custody evaluation to be performed by Guidance Associates. The parties agree that they shall take whatever steps are necessary to have that evaluation completed in a timely fashion and shall cooperate in any way that is deemed necessary in order to have the evaluation completed. The parties shall evenly share in the cost of the evaluation. 9. Other matters or comments: The parties shall reconvene for another conciliation conference on October 21, 1999, at 11:00 a.m. Date: August 20, 1999 G 11,A,? is ael L. Bangs Custody Conciliator uuc ? 199,9 ' a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Glen A. Weaver, Plaintiff V. Beverly A. Weaver, Defendant NO. 99-3769 CIVIL ACTION - LAW IN CUSTODY AND NOW, this D_ day of C& , 1999, upon consideration of the within Stipulated Custody Agreement executed by Beverly A. Weaver ("Mother") and Glen A. Weaver ("Father") (sometimes individually "Parent" and collectively "Parents") pertaining to their minor child, Allison Ann Weaver, born February 11, 1995 ("the Child), IT IS HEREBY ORDERED AND DECREED as follows: A. LEGAL CUSTODY: The Parents shall share and have joint legal custody of the Child. Each Parent shall be entitled to participate, jointly with the other Parent, in all major non-emergency decisions affecting the child's health, education, religion and general well being. Pursuant to the foregoing the following shall apply: 1. Access o Tnfo ma ion: Each Parent shall be entitled to access to any and all information, persons, entities and documentation regarding the same so that informed decisions can be made. Page 1 of 9 2. Non-major n igiong: Non-major decisions involving the Child's day to day living shall be made by the Parent then having custody, but to the extent possible, the Parents shall attempt to make such rules and follow such schedules as would provide the Child with continuity regardless of the then existing custodial Parent. 3. Emergency Decisions; Emergency decisions regarding the Child shall be made by the Parent then having physical custody, but that Parent shall communicate to the other Parent the nature and extent of the emergency and shall provide that other Parent with all information pertaining to the treatment so that the other Parent may be involved in the decision making process at the earliest possible time. 4. Copies of Do men s: Upon receipt by a Parent, copies of the Child's school schedules, special events notifications, report cards and the like shall be provided to the other Parent. Each Parent shall share with the other Parent any other information and documentation, or copies thereof, that each Parent possesses regarding the Child within such reasonable time as to make the records and information of reasonable use to the other Parent. 5. Notice of ac iyitips: Each Parent shall provide the other Parent with at least 48 hours advance notice of school or other activities whenever possible. Page 2 of 9 6. No neroga o y comments: Neither Parent shall make any derogatory comments about the other Parent in the presence of the Child and to the extent possible shall prevent third parties from making any such comments in the presence of the Child. 7. No Discussion: Neither Parent shall discuss any aspect of the custodial situation with the Child and shall not utilize the Child for purposes of conveying information or inquiries pertaining to the Child to the other Parent. 8. Eppoin m n a: Each Parent shall notify the other Parent of any medical, dental, optical and psychological appointments and/or treatment for the Child sufficiently in advance thereof so that the other Parent can attend. 9. Care p Ovid g: Each Parent shall provide the other Parent with the name, address and phone number of any babysitter or other daycare providers that regularly watch the Child for that Parent. 10. T?]Qnhon Contact: Both Parents shall be afforded reasonable telephone contact with the Child while in the other Parent's custody. 11. T-e=orary Absence from Commonwealth: If either Parent intends on removing the Child from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that Parent shall provide the other Parent with the address and phone number where Page 3 of 9 the Child can be reached during the period of absence. 12. Relocation: Neither Parent shall remove the Child from the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania on a permanent basis without providing the other Parent with at least ninety (90) days advance notice thereof. Said ninety (90) day time period is designed to allow the Parents to negotiate a modification of this Stipulated Agreement and in absence thereof to be able to petition the Court for a modification if the same is appropriate under the circumstances. B. PHYSICAL CUSTODY: The parties shall share physical custody of the Child in accordance with the following schedule: 1. Alternating Weds: The Parents shall alternate custody on alternating weekends from Friday after work (or 6:00 p.m. if that Friday is not a work day) until Monday morning at which time Mother shall return the child to the babysitters. 2. Mid-W k c ;od: Mother shall have custody the Wednesday of each week that she has custody for the weekend. Mother shall have custody the Tuesday and Wednesday of each week that she does not have custody for the weekend. Each mid-week day shall commence after work (or at 6:00 p.m. if that mid week day is not a work day) and shall end the following morning at which time Mother shall Page 4 of 9 return the child to the babysitters. 3. Path is s ndial p ;nd4: Father shall have custody at all times not specifically reserved for Mother in accordance with the foregoing subparagraphs a. and b. above, excepting holidays, summer vacation time and other special days set forth below. The custodial periods set forth in this subparagraph and in the preceding subparagraphs a. and b. shall be in accordance with the following table: SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY MOM AFTER MOM MOM MOM WORK RETURN AFTER TO WORK SITTERS IN THE AM MOM MOM MOM MOM MOM RETURN AFTER RETURN TO WORK TO SITTERS SITTERS IN THE IN THE AM AM 4. Holidays: The Parents shall alternate custody on the following major holidays under the terms and as set forth below: a. PaGtPr: From 9:00 a. m. through 7:00 p.m.; b. M mom rial Dav: From 9:00 a.m. through 7:00 p.m.; C. Tndde end_ Pnce Day: From 9:00 a.m. through 7:00 p.m.; d. Labor Da v: From 9:00 a.m. through 7:00 p.m.; e. Thanksgiviin : From 9:00 a.m. through 7:00 p.m.; Page 5 of 9 f. Chrintman Ry h igtmag Mnrn' g: From December 24`h at 9:00 a.m. until December 25`h at 12:00 p.m.) g. Christmas Af a noon - npramhar 6°h: From December 25`" at 12:00 p.m. until December 26`h at 7:00 p.m. h. Holiday 4nh dine: The following schedule shall apply regarding the above stated holidays: HOLIDAY ODD YEARS EVEN YEARS EASTER Mother Father MEMORIAL DAY Father Mother INDEPENDENCE DAY Mother Father LABOR DAY Father Mother THANKSGIVING DAY Mother Father CHRISTMAS EVE-CHRISTMAS MORNING Father Mother CHRISTMAS AFTERNOON-DECEMBER 26TH Mother Father 5. Mother's Dom: 9:00 a.m. unti 6. Fa h 'g Day: from 9:00 a.m. 7. Summer Va atin uninterrupted subject to the a. Non-consec mother shall have custody each Mother's Day from 1 7:00 p.m. Father shall custody of the Child each Father's Day until 7:00 p.m. 1 Time: Each Parent shall be entitled to three (3) weeks of custodial time with the Child under and following terms and conditions: 7u iv. weeks: The weeks are to be exercised in three Page 6 of 9 (3) non-consecutive one (1) week periods. b. Scheduling of woks: To the extent possible these weeks shall be scheduled to encompass the selecting Parent's regular alternating weekend. c. Tmp ac ; al; y-Sw h'ng of Weekends: If said scheduling set forth in subparagraph b. above is not possible or practical, then the Parent selecting the custodial time period that encompasses the other Parent's regular alternating weekend shall switch weekends with the other Parent so that neither Parent has custody of the Child for more than 2 consecutive weekends. d. Th_irty Days AdMannn Nntjrp: Each Parent must provide the other Parent with at least thirty (30) days advance written notice of his or her intention to exercise each of these custodial weeks. e. Conflicts in set t;on: Should conflict arise between the selection of said weeks the first Parent to notify the other Parent of his or her selection shall have the right to exercise custody on the weeks selected. C 1. Transpn at;on: The transportation necessary for the custodial exchanges herein set forth shall be provided by the party receiving Page 7 of 9 physical custody at each custodial exchange. 2, p_e d n e. The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 3. Md;f; a ;on: The Parents snail oe ac 11fJercy cU mUUiiy ?,? custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of the Parents for any such modifications. DISTRIBUTION TO: BY T4iik J. 99 RK Diane G. Radcliff, Esquire Keirsten W. Davidson, Esquire 3448 Trindle Road 301 Market Street Camp Hill, PA 17011 Lemoyne, PA 17043 Attorney for Plaintiff Page 8 of 9 ... .. '.-r.9Y ri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Glen A. Weaver, Plaintiff NO. 99-3769 V. CIVIL ACTION - LAW IN CUSTODY Beverly A. Weaver, Defendant AND NOW This D?P& day of 6A 1999, Glen A. Weaver and Beverly A. Weaver hereby stipulate and agree that the foregoing Custody order shall be entered by the Court in the above captioned matter. IN WITNESS WHEREOF the parties, intending to be legally bound hereby, have set their hands and seals Lhe day and year below written. WITNESS: / LLL_ XL IA.//.M? --(SEAL) GLEN A. WEAVER Date: ?• {SEAL} BEVERLY WEAVER Date: Page 9 of 9 r- c? ni r.. i c.? LI G? c? cup ri ?3a= a <-a Z ? g a a rX A . t? OCT 2 5 GLEN A. WEAVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3769 CIVIL TERM CIVIL ACTION - CUSTODY VS. BEVERLY A. WEAVER, Defendant ORDER AND NOW this d 4 day of L C (c?? 1999, it being reported to the Conciliator that the parties have reached an agreement which makes further proceedings unnecessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wishes further proceedings in this action, they should petition the Court anew. FOR THE COURT, MICHAEL L. BANGS / Custody Conciliator cc: Diane G. Radcliff, Esquire Keirsten W. Davidson, Esquire C.' l 93 G 7 rc .., ?_