Loading...
HomeMy WebLinkAbout94-00041 , , 'i) II' " ., . '" ~ " ,I \' J " , , " " ,I' \ \ \ \ \ I ) .' (/ ,.; I, ., " ALJ!18HA J(, MAGUL I IN Tli! COURT OF COMMON PLJlA8 fidntitf I CUMBF.RJ,AND COUNTY, PfJNNSYLVANIA I v. I NO. 4l CIVIl, 1994 I STfJVIlN J. MAGILL, , Defendant . CIVIL ACTION - I.AW Mi'lDA.VU_.QI'_SER'lI.cl: AND NOW, this / J:( , II day of F'ebruary, 1994, comes Gary J. Imblum, Esquire, Attorney for Plaint.iff, who being duly sworn according to law deposes and saya that.. 1. A CUBtody Complaint under Section 3301(c) of the Divorco Code was filed on January 4, 1994. 2. On or about February 3, 1994, a certified copy of the Complaint and the Order scheduling the euotody Conference were sent to the Defendant via certified mail, restricted delivery, return receipt request.ed pursuant to PA. R.C.P. 1920.4. 3. On or about February II, 1994, undersigned counsel for Plaintiff received the return recelpt card signed by the Defendant or his agent dated February 5, 1994. Said receipt is attached hereto as Exhibit "A" and by this reference incorporated herein. Respectfully submitted, KNUP: '/OYK, p.e. ,/ ( ~ 1-- ); ,!Y Atty. I,D. No. 42606 Attorney for Plaintiff ALlin .. MAGILL, I IN TIll C011RT or COMMON PLIAI Plaintiff I CUMlIRLAHD COUNTY, PIIHN8YLVAHIA I 41 (I I. (I , ( /1'1 r., 4 v. I NO, I 8TIVIIN J. MAGILL, I CIVIL ACTION - LAW Delendant I OBlWl.-Ol'-_.gw,U You, STEVEN J. MAGII,r" Defendant, have been Bued in court to obtain cUBtody, partial custody or visitation of the child, DANIEL STEVEN MAGILL. You are ordered to Le (Y'vy" ~ o'clock ~m., for ~a conciliation or mediation conference. appear in person at ~ 5-' (1/ .' on ---1-; hl"'~ 5 " I, 13Th ,Sf, , ,atL a pretrial conference. a hearing before the court, ......~,'w...<d L. f M. (.,.,10. Y (O",(,t,,,I,., order, an order for If you fail to appear as provided by this custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arreat. YOU SHOULD TAKF: 'I'HIS PAPER 'I'O YOUR r,AWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI! BF:r,OW TO F'IND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE, FOURTH FLOOR ONE COURTHOUSE SQUARE CARLISLE PA 17013 , ALI..A It. MAGILL, , IN T.I COURT or COMMON PLIA. PldntUt . CUMBIRLAND COUNTY, ....NH8YLVANIA , v. . NO. I ITIVIIK J. MAGILL, I CIVIL ACTION - LAW Detendent I COHfLAXHT__I"OB....C.UITOIlX AND NOW comes the Plaintiff, AI,t:SIIA K. MAGII,[" by and through her attorneys, Knupp & Kodak, P.c., and respectfully repreoentsl 1. The Plaintiff is AI,E:SIIA K. MAGILL, an adult individual residing at 9 Sherwood Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is STEVEN J. MAGILL, an adult individual residing at R.D., Box 494, New Bloomfield, Perry County, Pennsylvania. 3. Plaintiff seeks custody of the following child. tlAml PRESENT RESID~~ AG:: Daniel Steven Magill 8 Sherwood Drive Mechanicsburg, PA 2 years 4. The child was not born out of wedlock. The child is presently in the custody ot Alesha K. Maq1l1 at her residence at 8 Sherwood Drive, Mechanicsburg, PA, ( '. '~ ~ ~, z i 8~ r..~ 0::> 1-<8< 0-1 ~ H H 8~~ ~ o-l~u ~I.'l\ll Z ~~ . H ere fi .,. 'r~ \ ". ,..." I,...,"'t' .,. .J~ 'f") " ...... '..f) ~"'~l r;.., I ~ 'i!.{' ., ,...~ -..\) I.. ,~ L~ ,~ .~ .~. i'l,',r,",.'l , - it .. , - ", ' ,'f ., 1 r' "'11" ""I , ' ,,, ,--.I. " ~1 " .11 ~.: i:! r~~l .. '\,.; ~ ~' ') ... >< ... +J 0 'M ~ ~ +J ~ I I . Q 'll UJ H 'M . " P H '" 0-1 Q) u Uli!! .., M 0-1 ... ~ ~ H Q) p: (j 0 0 ::! r.. . ... !il!q I>.: . Z ~ I-) H . Z j 'Jl ~ ~ ~ ~ ~ 0 E-< U l/l " . " . t..\\Vlll"'II'I:H')I.' HNH"~' /\. HOI),\I, P,t', . I .\~" 'n"'j ~,." "~ .j 1<1: I". '~lllltll "111',-\ l .~ I III I 1'.' ~, III I '\ I I'i I '. II ,\"ltl'~lll 110, I'. . , '"'''' "'" . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Pli:NNSYLNANIA NO. 41 CIVIL 1994 CIVIL ACTION - CUSTODY ALI1SHA MAGILL, Pl~intiff/responde~t STilVI1N J. MAG II.L , Defendant/petitiQne~ UfUJOII FOR 8PKIAL RILIII' To the Honorable Judges of said court: COMES NOW the above defendant, Steven J. Magill, by his oounsel, Jerry A. Philpott, Esquire, and petitions the court for special relief pursuant to Rule 1915.l.3 of the Pennsylvania Rules of civil pro~sdure, and in support thereof avers ao follows: 1. Petitioner is Steven J. Magill, father of the child who is the subject of the above-captioned proceeding and defendant therein. 2. Respondent is Alesha Magill, plaintiff mother. 3. The parties have one child, Daniel Steven Megill ("Danny"), born January 23, 1991, and currently three years old. 4. There is no court order of custody and the parties have been sharing custody, with the mother having Danny most of the time because the father travels out of state much of the time. 5. Both mother and father are alcoholics. Father, however, is a recovering alcoholic, having confronted his problem in about 1990. Mother is atill in denial. 6, Since the parties' separation in the summer of 1993, Mrs. Magill has moved sevsral timss. 1 7. Mr. Magill was becoming concerned about the effects of Mrs. Magill's unstabls life style upon Danny as the winter approaohed. a. In mid-December Mr. Magill learned about an incidsnt involving Mrs, Magill and the Hampatead Township police that made him vory concerned about Mrs. Magill'S drinking. 9. When she was confronted about thiH, she promised she would stay with her parents in Mechanicsburg. Mr. Magill felt Danny would be safe in that oetting. 10. On January 30, 1994, Mr. Magill learned of an incidsnt on January 15, 1994, that gives rise to this petition. 11. It turns out that Mrs. Magill had not moved in with her parents, Instead, she was rooming with Linda Street, a friend. Moreover, on January 15, Mrs. Magill hod gone to Delaware with friends, leaving Danny in the care of yet another friend. 12. She arrived home late at night very intoxicated. The New Cumberland police had to be summoned. She wanted to take Danny and leave despite her intoxication. Ultimately, she passed out in front of Danny, who had awakened to this scene. 13. Ms. Street became very concerned about Mrs. Magill's drinking and attempted to make her an appointment with someone at a hospital. After hearing Mrs, Magill's symptoms, that person informed Ms. Street that Mrs. Magill sounded like she had advanced alcoholism and that ehe should receive care immediately. Mrs. Magill insieted that the appointment be poetponed for 2 several weeks. Ms. Street had become very concerned about the whole situation and went to Mr. Magill's parents and filled them in. They checked with the police and verified that there had been such an incident. 14, Right after Mr. Magill arrived back in Pennsylvania on January 31 and learned of all this, he contacted the undersigned. 15. In the meantime, he received notice from Mrs. Magill's attorney that a custody action had been filed and that Mrs. Magill is planning to remove to Delaware with Danny. 16. Mr. Magill is extremely concerned for Danny's safety in light of these recent revelations about Mrs. Magill's condition and behavior. 17. A letter from Mrs. Magill's counBel saYB that she wants to move to Delaware, which will be away from her own family as well as away from petitioner and hiB family. In addition, the complaint served on petitioner on Februar.y 2 says that respondent intends to move on February 4 to Delaware. 18. This leads Mr. Magill to be even more conoerned because Danny will have no one nearby who can step in if another situation like the one above develops, WHEREFORE petitioner pray. that thiB court enter an order immediately untJ.I a hearing can be held granting him temporary physical custody of Danny, and, after hearing, an order prohibiting respondent from being in Danny's presence when she is intoxicated, granting petitioner primary physical custody until 3 '" IfJ II ~, I', ,( <l CU "I '01 QI <l , , f,'1 , I ~) C) , , ~I f/l I', tl ," "I ~ 0 .J /I: H trJ .......: I), .". t.J (!I "r u ~ ., , I O~'I 0' " CU ,I; III tl: ." ~" : I I, 0, , , '11 C' I' I '- '- I' ("-I 'I' " :.J 'I< .. ,,' .. ,e) II " CJ ", ,.l <1 f' ~ ' ,-., n ", " ,,' ,I IQ '" ~. I' ,. . , () IJ H 'IJ 0 (., I I! 0-1 <1 ( ~J r:: (I~ p, ,-, m .. I ,1' , I 'c' tn ,,' ~I () ,.1 -r. 0 " Il~ ,( , , H I1J ~, ~! 'H '" H II, ''l ,J ~J ,I .... C) ~I CU ::r; ." , " () 11', 0: ~ <1, n " 11, " ~i'~ '" U U ,,' ;:r, ,., ,,' 0 (~l [II , , ,,: ,~ Cll ~, ,,' ! '" ~ I ;..: r: fl ,. :2 <" :1, :, '" I" , , ~, u ,1: 'I! I' II .. II) ,. !Yo <11 ~~ " " " f', l<l ~, '01 rY. ,', 0, '. ", I.d ,.1 ~ ' ", ,., 0 :_1 ~J , H (l n, ..: UI ,) 1.\. n 'll .... .J J' /) , .,( " / " .11 " " . ,\ 1\111'11 H, 20011 Danny was to he returned to his Mother at :'):]0 I'M on Sunday, April N, 2001. Danny hud spent the duy with his paternal ~l'Undparents. Molher calls I' Will Delaware and says she cannot he home unlilll:()() I'M Sunday eVenin~, Mothl,ir says a nd~hhor "I.ou Ann" will come to the house and they can drop Danny olf atl):OO I'M, Grandparents return the child to his hOllle at 1):00 I'M and till: nci~hhor inf(lCIns thelll thaI Mother willnol return until I():OO I'M. <icundparenls help Danny do his homework and leavl,i Mother's house at 10:00 I'M, At II :20 I'M Mother telephones ~cundparellls screalllin~ IhallhtlY had ups.:t th.: child, Paternal ~randparents noticed that the child is ,~Iceping on the 1I0or on a mulll'css despite Ihe tilctthat inlhe lasllive years they have purchased Iwo (2) heds till' the child, Much 26, 2001: Child docs not go to school on Monday mornin~ hecausc his Mother has not returned in time from a weekend "IIWay". Child was len with his auut till' the weekend and she did not se~' that he went 10 school on Monday, Much 22, 2001: Mother culls Father and asks If he willtakc Ihe child on her rel!ularly sl;hedule weekend hecause she wants to "go away", Father was scheduled to work on that weekcnd and could not. Mother then asked him to c<llIthe patenwlgcundp<lrents to watch the child so she could go away filr the weekend, Weel, of March IH, 2001: Schooltclephoncs p<l(ernalgrandtitther <lnd ask,s if he can pick up Danny hecausc he wus sick, The SdlOOI suys it was unahle 10 reach Mother and Mother has not provided Falher's telephonc numher us a conlnct in the evcnt of an emergency, Patcrnal gcundfather picks Danny up and goes to Mother's house (ncither Ihe child nor paternal grundtitther huve a key) and loudly knocks on the door, Mother op~~ns till' door IInd lets Ihc child in and with no explanation shuts the door in palernulgcundtillher's titce, ()n March 24, 2001 Danny tells plltcrnul grandmother thut "Pappy .rhoultl have lall,'n me 1/1 your place he,'au.re Mommy Irealetl me lI11e aap [tilllowing his retll"non March IN, 20()11," I.llte 1998: Inulctter in her o.....n hand Mother writes: "Danny missed his lIalloween p<lrude ul school t I'll tell you so he docsn't h<lve ((), I went to a Ilallowl'cn p<lrty Wednesday night. I should have known hetter .q anywlIYs to make alonll story shOl'l I drllnk too llIuch. I callie home Ihe Ileople I was with Cllllle In + hlld II beer. IlIot sick + paned out IInd dldn'llIet up until 10:30. I would han tllken I)an Into schoollllte but I was 100 embllrrllssed. I don'l normlllly drink durlnll the week'" I IhoUllh I (ould handle 11." [Emphasis Addedl, A true and correct copy of this letter is attached hereto as Exhibit "B", 3 I), The child III1ll unen cOJnmented that he is len in the care ufthe 16 year uld cuusin or WI aunt in New Cumberland while his Mother "~oes away" for the weekends, I 0, The aunt in New Cumberland resides with atlellllt Ilve children many of whom have behavillr problems, One cousin named Michael is on probation for arson WId eUII throwlnll while WI\lther child is a run aWllY, II, I'llternol ijrundpllrents have witnessed Mother llITive lit their home to pick ulllhe child belnu driven by Wlother person beclluse she was too intoxicated to drive herself safely, 12, Mother hllS many different people move into the house Mllrty (unemployed male), Scott (llITested for drunk drivin~), l.indll Street (admitted drul! use with II criminal record in Texas) which is then I(lllowed by lln IIrl!ument with the roommates lellVinl! the residence, 13, Aside from the incidents listed in ~8 Mother on November 14, 1999 could not pick up the child beCIIWle her sister admitted that Mother WllS in no shape to do so havinl! done drul!S WId (;onsideruble drinking with II mlln she mel at Sierra Madre the nil!hl before, On November 15, 1')99 MOlher called paternall!rundparents WId llsked them to take her to Holy Spirit Crisis Center, Soon aner she was then dropped ofT at palernall!rundparents' home having obviously been drinkinl! and lakinl! drugs the night before, Arrunl!emcnts were made by Mother's sister to have her admitted to Lancaster Rehabilitlltion on Wednesday, November 17, 1999, Mother then ,:hanged her mind and refused treatment promisinl! to I!et her life in order, 14, Father is remlllTied in a stable relationship WId owns a house in Dauphin County while Mother is sinllle. 4 , .-.-. .-t.....-...;,>, -...----.--.------...---.---..---....---...-.....--...---.--. . . '.. I (J n.. ' J: " -"-'=~ ':. .l ~ ~l!GJld;~\:i,,), ,'/;;Z,~n7J}/yj(.' .{~.-.. iF.h.Jl1J;"~j)t}!7""-;-~~ ~ .~:...~.y'~f Jv,,~--'7/-. - - __._ -.JL- ,-' ' )''(' --~1-(,-h.4-.-,..~,f I rlI.'1f-,~0l:...t:!rci- _? .'. y!1~;ve&L;J4{.'-~~! _tr.t . J U;:~Pt.:. )L- . ._--..JjLl _..-"U../~...._CI{)J:-.wl,;~~--.,J; I U. CdIC~'IL/ --. --- ~~L~_~",_ ~-J~ti/.....LI.LL~-I.;r,i.(jl1J:(A~r- -1+J" -' j, ~. LU~ flt:~ . j ,,/,,^,d (- t~~(f . " ~d!iA .. ( .. ..- ~-71~.. t<:I.lJ/iVIJ. -JLt _,~Aj :rx.:.uL-' J2~~_i.f-:._~ . u~--fI,~'(J ~':~~,~.~tAj~()j!l :;t;..... .... ----------+- ~ ~'C t ,41f-~-------.-- -. .. - ---;..J;j['1-Q _ilAf -.. ,. tL~~!44&:!ddL..iI...~... - -{j,i~fU-l1..J.t!et! -.- :}1~l-.....:~ :!-_/J.~i/lt,- ,_ ~ t~~!.~t(y') ~ l;rW(" LL .}~~_~ ~)-4?t.i1 ..) _ . __ -..~w~.Lu",-iL--=L4Lt-1/j.t' 1 .. t~.:- ,.d,[Xil .kll( z.......;.- .. ,--J0~.-~-f4_--V -.-LAY,uJ Ulli.{{", (;)J,!'v1,f U'~ -r ~ . .~~~l\., .'J~~.,"'-'~_~ ~.:>\~.,.. _ice} l~r'-d~C . ..,...-['~.._- t. - -). '. ~-... --~. . ,0-- -,--.,,----. ..,..... -.. ...JlS .. ' '- . . __ ----!Ad. --iJ2I~-~-, ;' 'I~J~ __' ._. __... .: i._ L-'/-_,: ..-----.-.... ---Il?1L---b__~J\..~ ~v;A~~. /J)1l;L--9_./..\,;t~. .. .. ___..____,_~~.ll _ .~J\^i4APt.l\-~~~..:..--~.-M1ll~d n-------.~.:J}J~J!JL Jit~i1~~~'<-~-+~.' Q.~L~~-~{- . '(0' ':',''4_..,.. ._~-,~.AnL-~)L"'-:~'J.-jl,~~t..1f-:.' . H . n----.J..-JnL------4~:._4'hZ.1\L.--\a -l/~.t..-:..~\-u.. ~,<~. -;- , ", ~u.v,C'i"Jll/l :l.!M..d :tW1V "4- Ih1 " , I) , I \ , , , ....._-~-..----.7EiLfliu -"'i'n-~7f{i~- / -r:~~ ;}~'Te'-tu-"'77/----- .. '.'_-~~-c-~tf~,*,~~ .~--- ,.;~j~LL___'_ 1.____. it ~iL-flu!l1-l2f..---.--.--- u' . - LI!JL/l1i1l.~~~,~~--~--,-_.2..._iAll&d:JzJ.___...___..n..__ - ..~ . uI*,-_,,-, ~~IMt4,-t:~t Ia~-' n . .. ~/~1 u ~I;-{) Lit), ~--- f~/I,2i),~_d;..tlJzIi;!l ta___._ .t~C-<d"ftHl. I" ,J~jc-CL.-~~_.CUJf..:-< v/!fA1ljL.AA ~~_ _~__ .__ .- __~~L .--#t-:z;_-:b.)_.~lIfLSjj~l.._-L.~ C&f.flif' . 1/ / I I '''i') j.,.. . ,-} r- '/ J / '\1' li..il <lJ.4.~ ......n..{.X~u!!I.t._t'_ n~-(i6Li.. ""______.__.. - ... ..Jj.itk. .iJJM. Idj~<-d .t1~t.<4t:..n__ .- 1()~l:lLt- . .-- :,t. ; ~L__l)Jl__J._jq1ffJd.L_ I,i~' _.__._ ___ . -uJ;il.//d:_-~1Ij'''~1}dt.L#-+U-~ '-f-', yi ______ : uftLO ..cWv.,I~VA{. f_Jl,f),iL__fr,ii~_~__p~i.__ . _ . \!.f'(IJfU^c . ,,/ f'AlJ{ ..~.- fl!:c.0i-'-r._I.'jL_ JtIf:!4J~ {~~L_~__ !~~~_1:.___~~_H{,c1.~1<-~ . ! C/J#-tlJ..!JW(if~tt!t.uz,cRLLL,_.2(}~ ~.. . .. ..~J... ~P~^f" _c/::p_ ..~-/~4-~--:"Ed:~/l1'~~.... _.... ..-- ,-;4 u {)JJ,ge.-Ji^::R:l.f_D.-..d...jlx~4._ L\..(L_(~l'!Jj.. .. - - 'LuLU !.Xg'i.v..!_d_~iO.~#---.~_ . ~ -. .-~ Jif!!j(l7,-~-QI~f'tYf;;1 ;(~...Ltlnii_~. . 1__~Wd________ - -yf-~'rl.l-:f 11 fr'.fUx' .. !1_~ 0~f- 'fl-L ~~-~=~~ __. !- '~;'- d.. - 1fL\Jt%"_'-I-~ ('A/~ '~jj~~_ _n_______ I ^ . ,. if , ~ ,- - -....-~--I..-=:~ .= --_..~~~~-~=-- f;>-~-". -~_ :--~=:==-.~~~_~~__-._-_:- ..- . _n_. ,-..... .n___._ -.----------.---.<-- -,.----.-.- ----.---'----'-c~~-,-'-~-..-.-------m---.. _.__. _ ._ " Plaintiff JUL 0 5 ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-41 Al,E!SHA K. MAGill, vs. STEVEN J, MAGill, Defendant CIVIL ACTION - LAW CUSTODY '[EMPQBARY_OHDfRJJf-COURI Oler, J. -- ( AND NOW, this .__11_____ day of__~L4--_-_-_, 2001, upon consideration of the attached Custody Conciliation Summary Repo~t, it Is hereby ordered and directed as follows: 1. LegaJ..G..ImQOy. The parents, Alesha K Magill and Steven ,). Magill, shall have shared legal custody of the minor Child, Daniel Steven Magill, born January 23, 1991. 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 his health, education and religion, Pursuant to the terms of Pa, C, S. ~ 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 of 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. 2. EJ:1ysical Custody. For the summer 2001 custodial time, the parties shall have a week-on/week-off shared custody plan. Mother's custodial week shall be deemed to have begun on June 17, 2001. Father's first custodial week under this plan shall CQmrnence June 24, 2001. The parties shall share transportation incident to their alternating periods of custody. 3. Neither party shall do or say anything which may estrange the Child from the other parent, Injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this proVision during his or her periods of custody, 4, During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication, The parties shall likewise ensure, to the extent possible, that the other household members and/or household guests comply with this prohibition, Plaintiff AUG 2 9 2M1l/\ IN THE COURT OF COMMON PLEAd 6~ CUMBERLAND COUNTY, PENNSYLVANIA ALESHA K. MAGILL, Defendant NO 94-41 CIVIL ACTION.. LAW CUSTODY vs. STeVEN J, MAGILL, ORDER -OF- COURT Oler, J, - AND NOW, this __-,1,\ .i.L_._ day of ----4-~ - ~, ,-/ _,2001, upon consideration of the attached Custody Conciliation Sum~s hereby ordered and directed as follows: 1. ~..c.u.nQl1y, Tho parties, Alesha K. Magill and Steven J Magill, shall have shared legal custody of the minor Child, Daniel Steven Magill, born January 23, 1991, 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 his health, education and religion. Pursuant to the terms of Pa, C. S. ~ 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be (equired 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 them as parents, including but not limited to: medical records, birth certificates, educational records, comprehensive evaluation reports, school records, attendance records, report cards, and Individualized Educational Plans, 2, Ebysical Cu~, The parties shall share physical custody in the following fashion: A Effective August 16, 2001, Father shall have custody from Thursday until Sunday, August 20, 2001, and shall continue on alternating weeks from Thursday after school until Monday when the Child is returned to school. B. At all other times Mother shall have custody,