HomeMy WebLinkAbout05-6631
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BILLY D. CANADY, JR.
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-6.(.3/
CIVIL TERM
STACY D. CANADY,
Defendant
: CIVIL ACTION - CUSTODY
CUSTODY COMPLAINT
I. Plaintiff is Billy D. Canady, Jr., who currently resides at: 2205 H. Cedar Run Drive,
Camp Hill, Cumberland County, Pennsylvania, 17011.
2. Defendant is Stacy D. Canady, who currently resides at: 651 Erford Road, Camp Hill,
Pa., 170 II.
3. Plaintiff is the father of the following child and seeks custody of the following child:
NAME
DOB/AGE
ADDRESS
Dominique Canady
1126/95 (10)
651 Erford Road
Camp Hill, Pa. 170 II
Mother and Father married on: September 24, 1994. Father has had primary physical
custody for most of the past five years. However, in the beginning of October, Mother removed
the child from Father's home.
During the past five years, the children have resided with the following persons and at the
following addresses:
NAME
ADDRESSES
DATES
Billy D. Canady, Jr.
2205 H. Cedar Run Rd.
Camp Hill, Pa. 17011
2000 - October 2005.
Stacy Canady
651 Erford Road
Camp Hill, Pa. 170 II
October 2005 - present
~
The mother of the child is Stacy Canady and she lives at 651 Erford Rd., Camp Hill, Pa.
17011.
She is married to: Billy D. Canady, Jr.
The father the children is: Billy D. Canandy, Jr., and he currently resides at: 2205 H.
Cedar Run Dr., Camp Hill, Pa. 17011.
He is married to: Stacy Canady.
4. The relationship of plaintiff to the children is that of Father. Father currently resides
alone.
5. The relationship of defendant to the child is that of Mother. The persons that the
Defendant currently resides with: her sister and brother in law and their four children.
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody ofthe child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth.
Plaintiff does not know of a party to the proceedings who has physical custody of the
child or anyone who claims to have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare ofthe child will be served by granting the
relief requested because: Father has been the {lrimarv custodian of the child for the past five
vears. In October 2005. Mother removed the child from Father's custodv without his consent and
has refused to return the child. Since the child has been in Mother's care. she has not been
attending: school on a relrular basis. It would be in the best interest of the child to be return to
Father. who made sure she attended school and was the primary caretaker for the past five vears.
8. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child has been named as parties to this action.
WHEREFORE, Plaintiff requests the court to grant custody ofthe child.
Respectfully submitted,
Date: I '1..-(1 ::;/6">-
dams, Esquire
I.D o. 79465
South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
.
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn
falsification to authorities.
Date: 1-4,)" J.rys-
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BILLY D. CANADY, JR.
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 0)'- (,C 5/
CIVIL TERM
STACY D. CANADY,
Defendant
: CIVIL ACTION - CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, BILLY D. CANADY, JR. to proceed in forma pauperis.
I, Jane Adams, Esquire, attorney for the party proceeding in jurma pauperis, was referred Billy D.
Canady, JI. by MidPenn Legal Services and I certifY that I believe the party is unable to pay the costs and
that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs
oflitigation is attached hereto.
Adams, Esquire
. Pitt St.
isle, Pa. 17013
(717) 245-8508
J.D. No. 79465
Attorney for Plaintiff
BILLY D. CANADY, JR.
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. ()tJ"- (, <. 3 ,
CIVIL TERM
STACY D. CANADY,
Defendant
AFFIDA VlT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the
fees and costs of prosecuting, defending, or appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of
litigation.
3. I represent that the information below relating to my ability to pay the fees and costs is true and
correct.
(a) Name: BillyD. Canadv, Jr.
Address: 2205 H. Cedar Run. Dr.
(b) Social Security Number: 071-58-4858
If you are presently employed, state
Employer: Unemploved.
Address:
Salary or wages per month: N/A
Type of work:
/
If you are presently unemployed, state
Date of last employment:
2002
Salary or wages per month:
$800.00
Type of work:
Security Officer
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social Security benefits:
Support payments:
Disability payments:
$IIOO/month.
Unemployment compensation and
supplemental benefits:
Workman's compensation:
Public Assistance:
Other:
(d) Other contributions to household support
(Wife)(Husband) Name:
N/ A - seoarated.
If your (husband) (wife) is employed, state
Employer:
.
"
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash: $25.00
Checking Account:
Savings Account:
Certificates of Deposit:
Real Estate (including home): N/A
Motor vehicle: Make
Cost
Year
Amount owed_
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent: $238.00Imonth
Loans:
Monthly Expenses:
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: Dominique Canadv
Age: 10
4. I understand that I have a continuing obligation to inform the court of improvement in my financial
circumstances which would permit me to pay the costs incurred herein.
. .
.
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5. I verifY that the statements made in this affidavit 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.
Date:~~
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Billy D. Canady, Jr., Plainti
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BILLY D. CANADY, JR.
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. &5- (.(., 3(
CIVIL TERM
STACY D. CANADY,
Defendant
: CIVIL ACTION - CUSTODY
PETITION FOR SPECIAL RELIEF
I. Plaintiff is Billy D. Canady, Jr., (hereinafter referred to as "Father"), who currently
resides at: 2205 H. Cedar Run. Dr., Camp HilI, Pa., 17011.
2. Defendant is Stacy D. Canady, (hereinafter referred to as "Mother") who currently
resides at: 651 Erford Road, Camp Hill, Pa., 17011.
3. Mother and Father are the natural parents of Dominique Canady, date of birth,
1/26/95, age 10.
4. There is no prior custody order regarding this child.
5. The parties married on September 24, 1994, but separated in 2000.
6. Since the date of separation, and until October 2005, Father maintained primary
physical custody of the child.
7. In November 2005, Mother removed the child from Father's care. She has refused to
return the child or provide Father with visitation.
8. Since the child has been in Mother's care, she has not been attending school regularly.
Father was recently contacted by a representative of the West Shore School District, where child
has been attending. The representative was very concerned about the child's truancy and
indicated that the mother and father would be fined for the truancy.
9. Father also believes that the child is sleeping on the floor at aunt's house. She has
appeared unkempt when she does attend school.
10. When in Father's care, the child attended school regularly, and had her own
bedroom.
11. Father provided adequate care and was the primary physical custodian for the past
five years.
12. Father is very concerned about the child's welfare and is requesting the child be
returned to his care.
WHEREFORE, Plaintiff requests an Order of Court granting him primary custody of the
children pending a custody conciliation and/or further Order of Court.
Date: \ ~ Ik,( 0;
dams, Esquire
J.D. o. 79465
4 outh Pitt Street
arlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
~
VERIFICATION
I verilY that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn
falsification to authorities.
Date: lz/ (b {~
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BILLY D. CANADY, JR.
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. is &~3{
CIVIL TERM
STACY D. CANADY,
Defendant
: CIVIL ACTION - CUSTODY
ORDER OF COURT
r
AND NOW, this;'/ day of
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,200.5 , a hearing
Jf f1,....
day of
regarding Plaintiffs Petition for Special Relief is scheduled for the
~
, 2005, at If: 3 0
A.M~ in Courtroom No. ~
of the Cumberland County Courthouse in Carlisle, Pennsylvania. Pending the hearing in this
matter, the parent with physical custody must make sure the child attends school each and every
day school is in session at West Shore School District.
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vStacy Canady, Mother
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cc: ~e Adams, Esquire, for Father
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BILLY D. CANADY, JR.
PLAINTIff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
05-6631
CIVIL ACTION LAW
STACY D. CANADY
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, ....__.. Thursda~,. Decernb~!:.22.llQ~.__., upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueliue M. Verney, Esq.
at~tiJ~!~or,Sumberland County Courtbouse, Carlisle on .._Jhu!s.day,.January 26,}006 ...._..
, the conciliator,
at 10:30 AM
for a Pre. Hearing Custody Conferencc. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to detine and narrow the issues to be heard by the coun, and to enter into a temporary
ordcr. All children age five or older may also be present at the confcrenee. Failure to appear at the conference may
provide grounds for entry of a temporary or pelmanent order.
The court hereby directs the parties to furnish any llnd llll existing Protection from Abuse orders,
Special Relief orders, llnd Custody orders to the wnciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: Is!
Tacquelin.e M..'yemey, E~tJ."-- +
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 befi."e the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumbcrland County Bar Association
32 South Bedford Street
Carli sic, Pennsylvania 17013
Telephone (717) 249.3166
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BILLY D. CANADY, JR.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS
NO. 05-6631 CIVIL TERM
STACY D. CANADY,
Defendant
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this 29th day of December, 2005,
based upon the agreement of parties, we enter the following
order which is intended to be temporary only and shall not
affect the substantive rights of either party if they cannot
reach an agreement at conciliation and a full hearing on the
merits is necessary:
1. The parties shall have shared legal
custody of their child Dominique born 1/26/95.
2. Mother and Father shall share primary
physical custody of the Child as follows.
A. The Child shall be in the primary
physical custody of Mother every weekend from Friday at 6:00
p.m. until Sunday at 6:00 p.m. unless the child has off
school on Monday in which case the period shall extend to
Monday at 6:00 p.m.
B. Father shall have primary physical
custody of the Child at all other times.
3. The parties shall share the
transportation in custody exchanges.
4. The Child shall continue on in the West
Shore District unless agreed otherwise by both parties or
ordered by this court.
This matter shall be referred to conciliation
at the
Edward E. Guido, J.
Jane Adams, Esquire
For the Father
j)- 30- tr)
Geoffrey Biringer, Esquire
For the Mother
Court Administrator
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BILLY D. CANADY, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 2005-6631 CIVIL ACTION - LAW
STACY D. CANADY,
Defendant
IN CUSTODY
ORDER OF COURT
~,.) C~._-
AND NOW, this day of r l l5' ,2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
I. The prior Order of Court dated December 29,2006 is hereby vacated.
2. The Father, Billy D. Canady, Jr. and the Mother, Stacy D. Canady, shall
have shared legal custody of Dominique Canady, born January 26,1995. 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. Pursuant to the
terms ofPa.C.S. 1i5309, each parent shall be entitled to all records and information
pertaining to the child including, but not limited to medical, dental, religious or school
records, the residence address of the child and the other parent. To the extent one parent
has possession of any such records or information, that parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to make
the records and information of reasonable use to the other parent. Both parents shall be
entitled to full participation in all educational and medical/treatment planning meetings
and evaluations with regard to the minor child. Each parent shall be entitled to full and
complete information from any physician, dentist, teacher or authority and copies of any
reports given to them as parents including, but not limited to: medical records, birth
certificates, school or educational attendance records or report cards. Additionally, each
parent shall be entitled to receive copies of any notices which come from school with
regard to school pictures, extracurricular activities, children's parties, musical
presentations, back -to-school nights, and the like.
The child shall continue to attend the West Shore School District, Highland
Elementary School for the 2005-2006 school year.
3. The parents shall have shared physical custody on the following schedule:
A. Mother shall have physical custody ofthe child every Friday at 3:30
p.m., when she will pick up the child from school, to Monday morning
when Mother shall arrange to have the child transported to school.
B. Every Thursday from 3:30 p.m. to 8:30 p.m.
.
C. Father shall have physical custody at all other times.
4. The parties will insure that the child will have no unexcused absences
from school.
5. The parties shall have liberal telephone contact with the child.
6. Easter shall be shared such that Father shall have physical custody ofthe
child beginning at 3:00 p.m.
7. Mother shall be responsible for all transportation except on Ester when
Father shall pick up the child at 3:00 p.m.
8. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions ofthis Order
by mutual consent. In the absence of mutual consent, the terms of this Order shall
control. Another Custody Conciliation Conference is scheduled for May 25, 2006 at 9:30
a.m.
B
J.
Edward E. Guido,
cc: Jane Adams, Esquire, Counsel for Father .
Grace D' Alo, Esquire, Mid Penn Legal Services, Counsel for Mother ~
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BILLY D. CANADY, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 2005-6631
CIVIL ACTION - LAW
STACY D. CANADY,
Defendant
: IN CUSTODY
PRIOR JUDGE: Edward E. Guido, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
I. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH CURRENTLY IN CUSTODY OF
Dominique Canady
January 26, 1995 shared
2. A Conciliation Conference was held in this matter on January 26, 2006,
with the following in attendance: The Father, Billy D. Canady, Jr., with his counsel, Jane
Adams, Esquire, and the Mother, Stacy D. Canady, with her counsel, Grace D' Alo,
Esquire, Mid Penn Legal Services.
3. A prior Order of Court was entered by the Honorable Edward E. Guido
dated December 29,2005 providing for shared legal custody and shared physical custody.
4.
The parties agreed to an Order in the form as attached.
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Date
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acq eline M. Verney, Esquire
Custody Conciliator
MAY 2 6 2006
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2005-6631 CIVIL ACTION - LAW
BILLY D. CANADY, JR.,
Plaintiff
STACY D. CANADY,
Defendant
: IN CUSTODY
ORDER OF COURT
ANDNOW,this ?()~daYOf ~~ ,2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room No..3 , ofthe Cumberland
County Court House, on the ~O't'\ day of - -~ ---=, 2006, at R'.. J z>
o'clock, L. M., at which time testimony wi~urposes of this Hearing,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least ten days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the prior Order
of Court dated February 2, 2006 shall remain in full force and effect with the following
modifications:
3. For Memorial Day weekend, Mother's weekend physical custody shall be
extended to Tuesday when Mother will insure that the child will be delivered to school on
time.
4. Mother shall have physical custody of the child from June 9, 2006 from
after school to June 12,2006 sometime in the morning.
5. Father shall have physical custody of the child from June 12,2006 to June
30, 2006 at a time agreed by the parties.
6. Mother shall have physical custody ofthe child from June 30, 2006 to July
31,2006. Father shall have alternating weekends during the month of July, specifically,
Friday, July 7,2006 at 5:00 p.m. to Sunday, July 9, 2006 at 5:00 p.m. and Friday, July 21,
2006 at 5:00 p.m. to July 23, 2006 at 5:00 p.m.
.
7. The prior physical custody Order shall resume on August 1, 2006, wherein
Father shall have physical custody during the week and Mother shall have physical
custody every weekend from Friday to Monday.
8. Transportation shall be shared such that the receiving party shall transport.
9. The parties shall have liberal telephone contact with the child.
10. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
J.
c~e Adams, Esquire, counsel for Father
v6face D' Alo, Esquire, Mid Penn Legal Services, counsel for Mother
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BILLY D. CANADY, JR.,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-6631 CIVIL TERM
STACY D. CANADY,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this 20th day of July, 2006, after
hearing, all prior Custody Orders are vacated and replaced with
the following:
1. The Father, Billy D. Canady, Jr., and the Mother,
Stacy D. Canady, shall have shared custody of Dominique Canady,
born January 26, 1995. 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. Pursuant to the terms of
Pa.C.S. Section 5309, each parent shall be entitled to all
records and information pertaining to the child including, but
not limited to, medical, dental, religious or school records,
the residence address of the child and the other parent. To the
extent one parent has possession of any such records or
information, that parent shall be required to share the same, or
copies thereof, with the other parent within such reasonable
time as to make the records and information of reasonable use to
the other parent. Both parents shall be entitled to full
participation in all educational and medical/treatment planning
meetings and evaluations with regard to the minor child. Each
parent shall be entitled to full and complete information from
any physician, dentist, teacher or authority and copies of any
reports given to them as parents including, but not limited to:
medical records, birth certificates, school or educational
,
---
attendance records or report cards. Additionally, each parent
shall be entitled to receive copies of any notices which come
from school with regard to school pictures, extracurricular
activities, children's parties, musical presentations,
back-to-school nights, and the like.
2. Mother shall have primary physical custody of the
child subject to periods of partial physical custody with Father
on the following basis:
A. During the summer months, when the child is
not in school, every other week from Saturday at noon
to the following Saturday at noon, commencing
Saturday, July 22, 2006.
B. During the school year, every Friday after
school until Sunday at 8:00 p.m., except for one
weekend per month where Mother is not working. Mother
to give Father her work schedule at least 30 days in
advance so he knows which weekend he will not be
visiting with the child. On those weeks where the
child has off on Mondays, the visitation time shall
extend until Monday at 8:00 p.m.
C. Holidays as agreed by the parties. If the
parties are unable to agree upon a proper holiday
schedule, each side shall submit a memorandum to this
Court with their proposed holiday schedule, and we
will decide the appropriate schedule.
3. Transportation shall be shared such as the
receiving party shall transport the child.
4. The parties shall have liberal telephone contact
wi th the child.
5. The parties may modify this Order by mutual
.
.
,,--
agreement. In the absence of mutual agreement, the terms of
this Order shall control.
~ne Adams, Esquire
For the Plaintiff
~ace D'Alo, Esquire
For the Defendant
srs
By the Court,
Edward E. Guido, J.
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