HomeMy WebLinkAbout99-06156
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i
r ShC\ CQ Dl L?L ; IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CIVIL ACTION LAW
• Dorgld F-uS c ?, J c .
Defendant : N0. US(c CIVIL 19 qR
: CUSTODY VISITATION
ORDER OF COURT
And now, this lO Ala\qq , upon consideration of the attached complaint, it is hereby directed
that the above parties and thkir respective counsel appear before LQ.6 r,\ Dom!
Esquire, the conciliatort at S ,
Pennsylvania, on the day of , 1999, at A.M.AER?
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 be present at
the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
By: (f0?t X11 i w
Custody Conciliator 1-s?
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
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OCT 11 IT
HAROLD 0. IRWIN,111, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE ?A 17013
(717) 2434050
ATTORNEY FOR PLAINTIFF
SHEILA DICI(j : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
V.
DONALD FRASElk JR.j
Defendant
: CIVIL ACTION - LAW
NO. 99 - CIVIL TERM
G 15lF
:CUSTODY
ORDER OF COURT
NOW, this day of October, 1999, in consideration of the attached
Petition, it is hereby directed that the parties and their respective counsel appear
before Hubert X. Gilroy, Esquire, the conciliator, on the 4th Floor, Cumberland County
Courthouse, on the day of , 1999, at .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. Failure to appear at this
conference may provide grounds for entry of a temporary or permanent order.
By the Court,
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER 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, PA 17013
(717) 249-3166
SHEICA DICK,
v.
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
DONALD FRASEI% JR.,
Defendant
i CIVIL ACTION - LAW
: NO.99 - CIVIL TERM
:CUSTODY
PETITION FOR CUSTODY
NOW, comes the petitioner, Sheica Dick, by her attorney, John J. Barenski, Jr.,
Esquire, and presents the following petition for custody, representing as follows:
1. The petitioner is Shelca Dick, an adult Individual residing at 347 East
Louther Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. The respondent Is Donald Fraser, Jr., an adult individual residing at 173
East North Street, Carlisle, Cumberland County, Pennsylvania 17013.
3. The parties are the natural parents of a minor child, Sindelle Fraser (age
22 months, born December 2, 1997).
4. The child has primarily resided with petitioner, except during periods of
partial custody exercised by respondent based upon the verbal agreement of the
parties,
5. The parties have never been married to each other. Upon petition by
petitioner for support from respondent, respondent executed an acknowledgment of
paternity and waiver of trial, which acknowledgment and waiver were accepted by the
Cumberland County Court of Common Pleas.
6. Petitioner believes and therefor avers that the best interests and
permanent welfare of the child now require that the parties have joint legal custody of
the child, but that she have primary physical custody of the child, subject to
respondent's rights of visitation and partial custody during specified periods as can be
determined at the time of the conciliation conference or hearing in this matter.
7. Petitioner knows of no other party interested in this proceeding which has
not been named in the petition and received notice thereof.
WHEREFORE, petitioner respectfully requests that the parties be awarded joint
legal custody of the child and that primary physical custody of the child be awarded to
petitioner, subject to specified periods of partial custody and visitation by respondent.
October 7, 1999 JOHN
JR., ESQUIRE
Attorn6y for Petitioner
35 East High Street
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court I.D. No. 82585
VERIFICATION
do hereby verify that the facts set forth In this petition are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4404, relating to unswom falsification to authorities.
October, ,Q,L,1999 , \i'I P_ t r6L. 1 l c C'?
SHEICA DICK
tr.
ur N tS ? On
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V Q,
SHEICA DICK,
Plaintiff
Vs.
DONALD ERASER, JR.,
Defendant
IN THE OOURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6156 CIVIL TERM
CIVIL ACTICN - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this day of d ue?
consideration of the attached Custody conciliation Report, it
and directed as follows:
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1999, upon
is ordered
1. The Mother, Sheica Dick, and the Father, Donald Fraser, Jr., shall
have shared legal custody of Sindelle Fraser, born December 2, 1997. Each
parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the Child's
general well-being including, but not limited to, all decisions regarding
her health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on
alternating weekends from Sunday at 9:00 a.m. through Monday at 3:00 p.m.
The alternating weekend schedule shall begin on November 281 1999. The
Father shall also have custody of the Child on days when he does not work
from 9:00 a.m. until 10:00 p.m. The Father shall provide as much notice as
possible to the mother when he is off work and intends to exercise his
right to custody.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. T1HANKSGrVING: The Father shall have custody of the Child on
ThaTn-g Day from 9:00 a.m. until 2:00 p.m. in even
numbered years and from 2:00 p.m. until 9:00 p.m. in odd
numbered years. The Mother shall have custody of the Child on
Thanksgiving Day from 9:00 a.m. until 2:00 p.m. in odd
numbered years and from 2:00 p.m. until 9:00 p.m. in even
numbered years.
B. CHRISTMAS: The Father shall have custody of the Child on
Chr stmas Day from 9:00 a.m. until 2:00 p.m. in odd numbered
years and from 2:00 p.m. until 9:00 p.m. in even numbered
years. The Mother shall have custody of the Child on
Christmas Day from 9:00 a.m. until 2:00 p.m. In even numbered
years and from 2:00 p.m. until 9:00 p.m. in odd numbered
years.
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D. FASTER: The Father shall have custody of the Child every year
on Easter Sunday from 9:00 a.m. until 2:00 p.m. and the Mother
shall have custody of the Child from 2:00 p.m. until 9:00 p.m.
E. DOWENDENC,E DAY/FIREWORKS: The Father shall have custody of
the Child from 9:00 a.m. until after the fireworks in even
numbered years and the Mother shall have custody of the Child
from 9:00 a.m. through the fireworks in odd numbered years.
F. M074=IS DAY/FATHER'S DAY: The Father shall have custody of
the Ch ld every year on Father's Day from 9:00 a.m. until 9:00
p.m. and the Mother shall have custody of the Child every year
on Mother's Day from 9:00 a.m. until 9:00 p.m.
G. CHILD'S BIRTHDAY: The Father shall have custody of the Child
on her b rthday from 9:00 a.m. until 2:00 p.m. in even
numbered years and from 2:00 p.m. until 9:00 p.m. in odd
numbered years. The Mother shall have custody of the Child on
the Child's birthday from 9:00 a.m. until 2:00 p.m. in odd
numbered years and from 2:00 p.m. until 9:00 p.m. in even
numbered years.
5. The Father shall be entitled to have custody of the Child for an
extended 1 week period each year upon providing at least 15 days advance
notice to the Mother.
6. The party receiving custody of the Child shall be responsible to
provide transportation for the exchange of custody.
7. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this order by mutual consent. In the absence of mutual consent, the terms
of this order shall control.
cc: John J. Baranski, Jr., Esquire - Counsel for Mother
Donald Fraser, Jr., Father Ad, q
BY THE COURT,
SHEICA DICK,
Plaintiff
va.
DONALD FRASER, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6156 CIVIL TERM
CIVIL ACTICN - LAW
IN 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
Sindelle Fraser December 2, 1997 Mother
2. A Conciliation Conference was held on November 17, 1999, with the
following individuals in attendance: The Mother, Sheica Dick, with her
counsel, John J. Baranski, Jr., Esquire, and the Father, Donald Fraser,
Jr., who is not represented by counsel in this matter.
3. The parties agreed to entry of an order in the form as attached.
N?nwr?we (P, ( 9, Q 9 ?
Date Dawn S. Sunday, Esquire
Custody Conciliator
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SHEICA DICK,
Plaintiff
va.
DONALD FRASER, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6156 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this y it- day of )Q evt,..(It1 , 1999s upon
consideration of the attached Custody Conciliation Report, t is ordered
and directed as follows:
1. The Mother, Sheica Dick, and the Father, Donald Fraser, Jr., shall
have shared legal custody of Sindelle Fraser, born December 2, 1997. Each
parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the Child's
general well-being including, but not limited to, all decisions regarding
her health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on
alternating weekends from Sunday at 9:00 a.m. through Monday at 3:00 p.m.
The alternating weekend schedule shall begin on November 28, 1999. The
Father shall also have custody of the Child on days when he does not work
from 9:00 a.m. until 10:00 p.m. The Father shall provide as much notice as
possible to the Mother when he is off work and intends to exercise his
right to custody.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. THANKSGIVIM: The Father shall have custody of the Child on
Thanksg v ng Day from 9:00 a.m. until 2:00 p.m. in even
numbered years and from 2:00 p.m. until 9:00 p.m. in odd
numbered years. The Mother shall have custody of the Child on
Thanksgiving Day from 9:00 a.m. until 2:00 p.m. in odd
numbered years and from 2:00 p.m. until 9:00 p.m. in even
numbered years.
B. CHRISTMAS: The Father shall have custody of the Child on
Christmas Day from 9:00 a.m. until 2:00 p.m. in odd numbered
years and from 2:00 p.m. until 9:00 p.m. in even numbered
years. The Mother shall have custody of the Child on
Christmas Day from 9:00 a.m. until 2:00 p.m. in even numbered
years and from 2:00 p.m. until 9:00 p.m. in odd numbered
years.
Fa! *?t,-?iCE
99 nFr -a
CUau i i ,? w,r?V1Y
V,'II,A
D. FASTER: The Father shall have custody of the Child every year
on Easter Sunday from 9:00 a.m. until 2:00 p.m. and the Mother
shall have custody of the Child from 2:00 p.m. until 9:00 p.m.
E. INDEPENDENCE DAY/FIREWORKS: The Father shall have custody of
the Child from 9:00 a.m. until after the fireworks in even
numbered years and the Mother shall have custody of the Child
from 9:00 a.m. through the fireworks in odd numbered years.
F.
t 'S DAY/FATHER'S DAY: The Father shall have custody of
the ch ld every year on Father's Day from 9:00 a.m. until 9:00
p.m. and the Mother shall have custody of the Child every year
on Mother's Day from 9:00 a.m. until 9:00 p.m.
G. CHILD'S BIRTHDAY: The Father shall have custody of the Child
on her b rthday from 9:00 a.m. until 2:00 p.m. in even
numbered years and from 2:00 p.m. until 9:00 p.m. in odd
numbered years. The Mother shall have custody of the Child on
the Child's birthday from 9:00 a.m. until 2:00 p.m. in odd
numbered years and from 2:00 p.m. until 9:00 p.m. in even
numbered years.
5. The Father shall be entitled to have custody of the Child for an
extended 1 week period each year upon providing at least 15 days advance
notice to the Mother.
6. The party receiving custody of the Child shall be responsible to
provide transportation for the exchange of custody.
7. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this order shall control.
BY THE COURT,
cc: John J. Baranski, Jr., Esquire - Counsel for Mother
Donald Fraser, Jr., Father
TRIII, r rnr%M RECORD
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.[) Prothonotary
SHEICA DICK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. a NO. 99-6156 CIVIL TERM
DONALD FRASER# JR., CIVIL ACTION - LAW
Defendant IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CI?ffiFRLAND CCOCAY RULE OF CIVIL PROCMt)RE
1915.3-81 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
Sindelle Fraser December 2, 1997 Mother
2. A Conciliation Conference was held on November 17, 1999, with the
following individuals in attendance: The Mother, Sheica Dick, with her
Counsel, John J. Baranski, Jr., Esquire, and the Father, Donald Fraser,
Jr., who is not represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached.
l Viriw? l r-4 I 9Q 9
Date Dawn S. Sunday, Esquire
Custody Conciliator