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HomeMy WebLinkAbout02-1472NM3 RITA M. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :02-1472 CIVIL ACTION LAW STEPHEN 0. FUGETT, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this Al day of (.le4 i%I L, , 2011, Pursuant to Pa.R.C.P.No. 1915.7, and upon consideration of the attached AGREEMENT TO MODIFY ORDER OF CUSTODY BY CONSENT OF BOTH PARTIES, it is hereby ORDERED and DIRECTED that all prior ORDERS entered in the above-captioned Action be continued in full force and effect, EXCEPT as follows: Beginning immediately, Stephen 0. Fugett, Defendant, hereinafter referred to as "Father", shall have primary physical custody of the parties' sole child, a daughter, Nina Marie Fugett, born January 27, 1998 (the prior ORDER OF COURT, dated May 14, 2002, had Nina`s birthday as "January 24, 1998", which is incorrect), hereinafter referred to as "Nina". The parties herein shall continue to share legal custody of Nina, having an equal say in matters relating to the general health and well-being of Nina, including but not limited to all decisions regarding her health, education and religion. Both parties shall continue to have full access to all records and information pertaining to the child including, but not limited to, school and medical records. Physical custody of Nina shall be divided among the parties as follows: A. Throughout each school year, from the Saturday of the weekend preceding the first day of school at or about the end of August of each year, starting with August, 2011, until the Saturday of the weekend following the last day of the school year, at or about the beginning of June of each year, starting June 2012, Father shall have Physical custody of Nina and Nina's residence shall be with Father at 1041 Bellair Park Road, Carlisle, PA 17013, except that Mother shall have custody of Nina the first, second and third weekend of each month, with "weekend" here defined as Friday after the close of school until Sunday at 5:00p.m. (1700 hours); B. Throughout each summer, beginning with the Saturday of the weekend immediately following the last day of the school year until the Saturday of the weekend preceding the first day of the next school year, Rita M. Miller, Plaintiff, hereinafter referred to as "Mother", shall have custody of Nina, except as follows: Father shall have custody of Nina for two weeks out of each summer, dates to be determined by the parties, with notice given by Father to Mother at least 60 days prior to the start of any such period. Each of the two week periods shall consist of seven (7) days, to run from Saturday to Saturday unless otherwise agreed to by the parties herein. C. CHRISTMAS: The Christmas Holiday school break shall be divided into Segment A, consisting of the Saturday following the last day of school prior to the beginning of the break until Christmas Eve at 7:00p.m. (1900 hours), and Segment B, consisting of Christmas Eve at 7:01p.m. (1901 hours) until the Saturday preceding the scheduled date of restart of school. In even numbered years, Mother shall have Custody of Nina during Segment A and Father shall have custody of Nina during Segment B. In odd numbered years, Father shall have custody of Nina during Segment A and Mother shall have custody of Nina during Segment B. D. MOTHER'S DAY/FATHER'S DAY: In every year, Mother shall have custody of Nina over the Mother's day weekend (Friday at the close of the school day until the following Sunday at 7:00p.m. (1900 hours), and Father shall have custody of Nina during the Father's day weekend. In addition, in every year, Mother shall have custody of Nina for the weekend (Friday following the close of the school day until the following Sunday at 7:00p.m. (1900 hours)) preceding, or including, Mother's birthday (May 13). BY , J. Cc: ? Rita M. Miller, Plaintiff// 9 Colts Meadow Run Rd, Downingtown, PA, 193351 Ca 'q Stephen O. Fugett, Defendant// 1041 Bellair Park Rd; Carlisle, PA 170 13 rnQ.0 mi= - Orn C CD-n -? -? ..? FILED-OFFICE wSe RITA M. MILLER; "? ' ?? F P RMi 0 N0 t; ; ,, Pla" JUN 23 PM 2: t; 4 VS. UMBERLAND OU PENNSYLVANIA STEPHEN O. FUGETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :02-1472 CIVIL ACTION LAW IN CUSTODY MOTION PURSUANT TO Pa.R.C.P.No.1915.7 TO MODIFY ORDER OF CUSTODY BY CONSENT OF BOTH PARTIES AND NOW COME the parties, Rita M. Miller, Plaintiff, hereinafter referred to as "Mother", representing herself, and Stephen O. Fugett, Defendant, hereinafter referred to as "Father", representing himself, who respectfully request THIS HONORABLE COURT to modify the existing ORDER OF CUSTODY, in support of which, the parties STATE and AGREE as follows: 1. The subject of this Custody Action is Nina Marie Fugett, born January 27, 1998, hereinafter referred to as "Nina"; 2. The ORDER OF COURT dated May 14, 2002 listed Nina's birthday as "January 24,1998", which is incorrect; 3. Pursuant to an ORDER OF COURT dated May 14, 2002, entered by THIS HONORABLE COURT following a custody conciliation conference, the parties currently have shared legal and physical custody of Nina; 4. Due to unforeseen and unavoidable circumstances, it has become necessary for Mother to relocate her physical residence to 9 Colts Meadow Run Road, Downingtown, PA, 19335, which is more than 90 minutes from Carlisle, Pennsylvania, the current hometown of both parties and Nina; 5. It would be impractical and prohibitively inconvenient both to the parties and to Nina to maintain the current shared physical custody arrangement; 6. The parties agree that it. is in Nina's best interest to remain in the Carlisle (Pennsylvania) Area School District, the locus of Nina's schooling since her birth, of Nina's friends, and of Nina's paternal family, including Father; WHEREFORE, the parties respectfully request THIS HONORABLE COURT to enter an ORDER BY CONSENT OF THE PARTIES pursuant to Rule 1915.7 of the Pennsylvania Rules of Civil Procedure, granting Primary Physical Custody of Nina to Father, the exact details of which are set forth in the attached ORDER OF COURT. Rita M. Miller, Plainitiff 9 Colts Meadow Run Rd Downingtown, PA, 19335 (717) 275-3758 Date br, SteAen O. Fugej 1041 Bellair Park l Carlisle, PA 17013 (717) 226-1143 ib ? Date NOTARIAL SEAL Camela J. Manges Boro of Carlisle, Cumberland County My Commission Expires June 21, 2014 CV) 0 "I- ti ti