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STEPHEN G. MATUSHESKI, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
. C i vd
. Cf4 - IlD40 T~ r IYl
v. . NO.
.
THERESA A. CHRISTOPHER, . CIVIL 4CTION - LAW
.
Defendant CUSTODY
ORDER OF COURT
AND NOW, this 41f, day of
fipr,'/_, 1994, upon
consideration of the attached
Complaint,
it
is hereby
directed that the parties and their respective counsel appear
before
day of
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t~ , the Conciliator
on
the~J..
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1994, at
Lf
.m., on the 5'~rfl/, ,;trn
51, l ('m'f/l--
Cumberland
4.t.l. rloor at tn~ e:l:11llBf:rL.lud \,;ounty l.:ourt House,
County, Pennsylvania, 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 the
conference may provide grounds for entry of a Temporary or
Permanent Order.
For the Court,
cu~';c:;'/:i140r /}JtltJ ftf;;;
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 COURT HOUSE
COURT ADMINISTRATOR, 4TH FLOOR
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-240-6200
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". v.OFflCE
Of THt P'\OlHOtl')TAf,Y
cU~eERLAtlO CQUtllY
PEtlHST'.VAtlIA
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STEPHEN G. MATUSHESKI,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. qLl- 1"'40 c..,v,'/ Tt.rtY'l
v.
THERESA A. CHRISTOPHER,
Defendant
CIVIL ACTION - LAW
CUS'l'ODY
ORDER OF COURT
th is ~J.. day of f\/'v.vc'~
,
of the attRched
Complaint,
it
hereby
directed
tha the parties and their respective
S't:\/M"< AlJdc-sl~. the Conciliat
appear
before
the
:;;.s I~
day
1994, at
.$ 1-. L c:-n--o fl.
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on th e
,
T"
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er d
~nsYlvania,
At such Conference, an
Conference.
be made to resolve the
issues in dispute;
be accomplished, to
the Court and to
define and narrow
enter into a
Order.
to appear at the
of a Temporary or
conference
grounds for
For
~;;P'/
IF
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
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 COURT HOUSE
COURT ADMINISTRATOR, 4TH FLOOR
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-240-6200
, ..
STEPHEN G. MATUSHESKI, IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
. Te rrVl
. IbL/O C Iv,' I
v. . NO. '11./ -
.
.
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THERESA A. CHRISTOPHER, I CIVIL ACTION - LAW
Defendant CUSTODY
COMPLAINT POR CUSTODY
AND NOW comes STEPHEN G. MATUSHESKI by and through his
attorney, Jay R. Braderman,
Esquire,
and represents as
follows I
1. Your Plaintiff is STEPHEN G. MATUSHESKI residing at
132 Diller Road, New Cumberland, York County, Pennsylvania
17070.
2. The Defendant is THERESA A. CHRISTOPHER, residing at
4833 Charles Road,
Pennsylvania 17055.
Mechanicsburg,
Cumberland
County,
3. Plaintiff seeks primary physical custody, shared
physical custody or increased periods of temporary physical
custody of the following children:
A. Name: Ann Marie Matusheski
Present Residence: 4833 Charles Road
Mechanicsburg, PA 17055
Date of Birth: August 21, 1984
B. Name: MichAel Matusheski
Present Residence:
4833 Charles Road
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Mechanicsburg, PA 17055
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Date of Birth: January 9, 1987
C. Name: Andrew Matusheski
Present Residence: 4833 Charles Road
Mechanicsburg, PA 17055
Date of Birth: April 10, 1990
4. The children were not born out of wedlock.
5. The children are presently in the custody of mother,
the Defendant, who resides at 4833 Charles Road,
Mechanicsburg, Pennsylvania 17055. Since birth the children
have resided with the following persons and at the following
addresses:
A. Anne Marie Matusheski: From birth, August 21,
1984, until October 31, 1986, resided with both parents
at 314 Village Lane, Sanatoga, PA. From November 1,
1986 until January 30, 1993, she resided with both
parents, and with her brothers, at 225 Neiffer Road,
Schwenksville, PA. From August 1, 1993 until about
January 14, 1994, Ann Marie resided with her mother, her
brothers and mother's boyfriend at 612 Erford Road, Camp
Hill, PA. From about January 15, 1994 to the present,
Ann Marie resides with her mother, brothers and mother's
boyfriend at 4833 Charles Road, Mechanicsburg, PA.
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B. Michael Matusheski: From birth, January 9, 1987
until January 30, 1993, he resided with both parents,
his sister and brother at 225 Neiffer Road,
Schwenksvi11e, PA. From February 1, 1993 until July 31,
1993 he resided with his mother, sister and brother at
225 Neiffer Road, Schwenksvi11e, PA. From August 1,
1993 until about January 14, 1994, Michael resided with
his mother, his sist~r and brother and mother's
boyfriend at 612 Erford Road, Camp Hill, PA. From about
January 15, 1994 to the present Michael resides with his
mother, sister and brother and mother's boyfriend at
4833 Charles Road, Mechanicsburg, PA.
C. Andrew Matusheski: From birth, April 10, 1990,
until January 30, 1993, he resioed with both parents,
his mother and sister at 225 Neiffer Road,
Schwenksvi11e, PA. From February 1, 1993 until July 31,
1993 he resided with his mother, his brother and sister
at 225 Neiffer Road, Schwenksvi11e, PA. From August 1,
1993 until about January 14, 1994, Andrew resided with
his mother, his brother and sister and mother's
boyfriend at 612 Erford Road, Camp Hill, PA. From about
January 15, 1994 to the present, Andrew resides with his
mother, sister and brother and mother's boyfriend at
4833 Charles Road, Mechanicsburg, PA.
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6. The
mother
of
ch ildren
is Theresa A.
the
Christopher, currently residing
Mechanicsburg, PA 17055.
The father of the children is Stephen G. Matusheski
at
4833
Road,
Charles
currently residing at 132 Diller Road, New Cumberland, PA
17070.
The mother and father of the children are married to
each other, but have been separated since January 30, 1993.
7. The relationship of Plaintiff to the children is
that of father.
Other than when the children reside with
himr the Plaintiff does not reside with anyone else.
8. The relationship of Defendant to the children is
that of mother. The Defendant resides with the children and
her paramour.
9. Plaintiff has not participated as a party or witness
or in any other capacity in other litigation concerning the
custody of the children in this or any other court. Other
than a prior proceeding in Montgomery County, Pennsylvania,
resulting in an Order dated December 8, 1992 attached hereto
and made a part hereof as Exhibit "A".
Plaintiff has no information of a custody proceeding
concerning the children pending in this Court or any other
Court of this Commonwealth.
-4-
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Plaintiff does not know of a person not a party to
the proceedings who has physical custody of the children or
claims to have custody or visitation rights with respect to
the children.
10. The best interest and permanent welfare of the
children will be served by granting the relief requested,
because Plaintiff is able to provide a stable environment,
appropriate living conditions
for
the children and the
children should be exposed to more quality time with their
father.
11. Each parent whose parental rights to the children
have not been terminated and the person who has physical
custody of the ch ildren has been named a party to this
action.
WHEREFORE, Plaintiff requests the Court to grant
custody, shared custody or increased temporary physical
custody of his minor children to him.
Respec
submitted,
DA"'1f!
J ESQUIRE
2
P. O. Box 965
Harrisburg, PA 17108-0965
717-232-6600
Attorney for Plaintiff
-5-
VERIFICATION
Upon my personal knowledge or information and belief, I
hereby verify that the facts
averred
in the foregoing
Complaint for Custody are true and correct to the best of my
knowledge, information and belief.
I understand that false
statements or averments therein made will subject me to the
criminal penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
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IN THE COURT OF CO:mON PLEAS OF ~IONTGOMCnY COUtlTY, PENNSYLVANIA
CIVIL ACTION - LAW
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THERESA A. CHRISTOPHER
NO. 92-14109
ATTORNEY 1.0. #30925
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IN CUSTODY
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STEPHEN G. MATUSHESKI
ORDen
AND NOW, this 8th day of December, 1992, after Conference
with counsel ~n the above-captioned matter and upon review of
,
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the
custody
evaluation prepared
by
the court-appointed
evaluator, Dr. Barbara S. Zasloff, it is hereby Ordered and
Decreed that:
1. The parties shall maintain joint legal custody
their three (31 children, Anne Marie, Michael and Andrew.
of
2. The Mother is hereby
awarded primary physical custody
of the children.
3.
The
chil.lr.:n shall
continue
to attend Catholic
parochial school.
4. The Father shall have partial physical custody as
follows:
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a. Alternate weekends from Friday after school until
Sunday at 7:00 P.M.;
b. All Catholic Holy Days from 10:00 A.M. until 5:00
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c. Dur;:ing t;,hJ f:; bil 00 1
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until P.11.;
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d. During the summer,
year, one weekday. evenin?,frci?r
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the midweek visit is f!:~m'I,,5: 00
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P.M. until the next morning at 9:00 A.M,
5. The holiday schedule is tc take precedence
regular schedule. Holidays to be divided as follows:
Every Halloween wi th mother; t/t"" ~.:ta'I_' 'y;t,~c.. M'/;;~....;J
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Labor Day weekend with father~m (f~:i ay at 5:00
until Monday at 8:00 P.M.; ( c::>'-' l1tD L~ ...1 1/> -' /
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h. Memorial Day weekend with mbthe~~rom Friday at ~
5:00 P.M. until Monday at 8:00 P.M.;
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10:00 P.11. ;
c.
8:00 P.~I. ;
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6:00 P.M. ;
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7:00 P.M.;
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over the
Christmas Eve with mother;
Christmas Day with father from 10:30 A.M. until
Every Easter with father from 9:00 A.M. until
Every Thanksgiving with mother;
Every New Years with father from 10:00 A.M. until
Father's Day with father from 10:00 A.M. until
Mother's Day with mother from 10:00 A.M. until
Moth~r's birthday with mother, a minimum of two
hours with mother, to be arranged by parents;
1. Fathe~'s birthday with father, a minimum of two
hours with father, to be arranged by parents;
6. Each parent can take the children on vacation, up to
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three weeks per year. For the next year, a given vacation to be
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no more than.>-O consccul i vc days.
each parent to consult the
other parent regar~ing the scheduling of these vacations, at
least six weeks before vacation is to take place.
7. The children should be permitted to receive calls from
or make calls to the absent parent.
8.
The children should be permitted to
move their
clothes, toys, etc. freely between households.
. 9. All negotiating regarding changes in schedule, etc. is
to be discussed by parents only, with no involvement of the
children.
10. Parents
shall
consult
with
mental
health
a
professional to be agreed upon by the parties on a monthly basis
for a minimum of six months.
Issues regarding visitation
scheduling, education, parenti.ng, etc. are to be the focus of
,these sessions.
11. Mr. Matus~eski shall seek individual counseling with a
clergyman or mental t.ealth professional of his choice in order
to help him adjust to the chang~s and challenges that he is
experiencing at this time.
Further, the issue of how to cope
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more effectively with his rage and frustration in every day life
should also be addressed.
BY THE
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J;v
JUN 30 1994
STBPHEN G. HATUSHBSKI, I IN THB COURT OP COHHON
Plaintiff I PLEAS OP CUHBBIlLAND
I COUNTY, PBNNSYLVANIA
vs. )
I NO. 94-1640 CIVIL TBRH
THBRESA A. CHRISTOPHBR, I
Defendant I CUSTODY
OIlDBIl OP mUllT
AND NOW this ~~aY of ~ , 1994, a hearing is hereby scheduled in
the above matter to be held in Court Room NO.~ of the Cumberland County Court House
in Carlisle, Pennsylvania, commencing at _ (/.3 c) o'clock '!,:.m., on ); ~"J;;/
the .__'/l'~'day of C~;,./.i;A) , 1994. ~
Jay R. Braderman, Bsquire
Attorney for Plaintiff
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Donald T. Kissinger, Bsquire
Attorney for Defendant
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STBPHEN G. ItATUSHBSKI. I IN THB COUIT OP COHKON
Plaintiff I PLBAS OP CUMBBRLAND
I COUNTY, PBNNSYLVANIA
vs. I
I NO. 94-1640 CIVIL TBRH
THBIBSA A. CHlISTOPHBll, I
Defendant I CUSTODY
JUDGB PREVIOUSLY ASSIGNBD: None
CONCILIATOI CONPBIlBNCB BUIItWlY lIlPOlT
IN ACCOIDANCB WITH CUMBBRLAND COUNTY RULB OP CIVIL PROCEDURB 19l5.3-8(bl. the
undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the children who are the sUbject of this
litigation is as follows:
NAME
CURRBNTLY IN
CUSTODY OP
BIRTHDATE
Ann Marie Matusheski
Michael Hatusheski
Andrew Hatusheski
21 August 1984
9 January 19S7
10 April 1990
Defendant/Mother
Defendant/Mother
Defendant/Mother
2. A Conciliation Conference was held on 31 Hay 1994 and the following
individuals were present: The Plaintiff and his attorney, Jay R. Braderman, Bsquire;
the Defendant and her attorney, Donald T. Kissinger, Bsquire.
3. Items resolved by agreement: The parties agreed to continue to share legal
custody and for the mother to have primary physical custody.
4. Issues yet to be resolved: A schedule for the parties' time with the
children.
5. The Plaintiff's position on custody is as follows: The father wants more time
with the children, specifically 50 percent of their summer vacation, alternating
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weekends from Priday evening until Honday morning, one overnight each week, and a
schedule of alternating holidays.
6. The Defendant's position on custody is as follows: The mother wants a
continuation of the current schedule. She is willing to increase the father's time
during the summer by giving him one overnight each week plus three weeks of vacation.
7. Need for separate counsel to represent children: the conciliator sees no need
for independent counsel for the children and neither party made such a request to the
conciliator.
8. Need for independent psychological evaluation or counseling: the conciliator
sees no specific need for independent counseling and neither party requested it.
9. Other matters and comments:
Prankly, I believe these parties are still fighting out a lot of their personal
animosity in the custody case. Both of them appear to be competent parents who care
for their children very much and both of them have made significant sacrifices
personally to maintain a close relationship with the children. Despite those
com~endable traits, however, they now seem to be locked in a battle for control, each
insisting that they have the right to set their schedule with the children. Por
example, when we added up the days during the summer that each of the parents would
have the children under the father's proposal and compared the total number of days he
would have them under the mother's proposal, we found very little difference. The
I problem is in how that time is to be exercised and each party wants to maintain control
II of that.
Unfortunately, I could not resolve the deadlock.
The parties were not willing to
A hearing will be necessary. The
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the dispute to mediation with a psychologist.
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issues are not complicated and should not require testimony beyond that offered by the
parties and, perhaps, the children. I would think a half-day would be sufficient time
to receive the testimony and decide this case.
I have attached an order scheduling a hearing.
29 June 1994
~- 'lP11 Q..
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Custody Conciliator
3
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STBPHBN G. HATUSHBSKI, I IN THB COURT OP COMMON
Plaintiff I PLBAS OP CUMBERLAND
I COUNTY, PBNNSYLVANIA
vs. I
I NO. 94-1640 CIVIL TBRM
THERESA A. CHRISTOPHBR, I
Defendant I CUSTODY
ORDER OP COURT
AND NOW this
day of
, 1994, a hearing is hereby scheduled in
the above matter to be held in Court Room No.
of the Cumberland County Court House
in Carlisle, Pennsylvania, commencing at
o'clock _.m., on
the ___ day of
, 1994.
By the Court,
J.
Jay R. Braderman, Bsquire
Attorney for Plaintiff
Donald T. Kissinger, Esquire
Attorney for Defendant
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STEPHEN G. MATUSHESKI, I IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
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V. I NO. 94-1640 CIVIL TERM
I
THERESA A. CHRISTOPHER, I
I)efendant I CUSTODY
AND NOW, thia
of
,
1994, a
general continuance is granted for
matter until
such time as either party requests a new hearing date or an
Agreed Order of Court is entered.
BY THE COURTI
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STEPHEN G. HATUSHESKI, ) IN THE COURT OF COMMON PLEAS OF
Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA
)
v. ) NO. -M-M CIVIL-~
\ l"tlD /99,/
,
THERESA A. CHRISTOPHER, ) CIVIL ACTION - LAW
Defendant ) CUSTODY
ORDER ZNCORPO~USTODY
AND NOW, to wit, this ~day of
1995, the Cour~, after reviewing the
,
!'ltipulation for
Entry of Agreed Upon custody Order, hereby ORDERS, ADJUDGES and
DECREES that the provisions contained in the stipulation for
Entry of Agreed Upon Custody Order attached hereto are
incorporated by reference herein as if set forth at length in
this Order of Court.
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) IN THE COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) NO. ~ CIVIL .1981
) I~ Llo /99'1
) CIVIL ACTION - LAW
) CUSTODY
STEPHEN G. MATUSHESKI,
plaintiff
THERESA A. CHRISTOPHER,
Defendant
STIPULATION FOR BNTRY OF AGRBBD UPON CUSTODY ORDBR
~. ~L ~ ~/i}~ __
AND NOW, to wit, this 2e- day of r ~"-'-"--J
lSfY5, comes the Plainti!f stephen G. Mo.tusheslti,. and tho
,
Defendant Theresa A. Christopher, by and through their respective
counsel, Jay R. Braderman, Esquire, and Donald T. Kissinger,
Esquire, and file this stipulation for Entry of Agreed Upon
custody Order and in support thereof state as follows:
1. Plaintiff, stephen G. Matusheski (hereinafter
referred to as "Father"l, is an adult individual who currently
resides at 132 Diller Road, New Cumberland, York County,
Pennsylvania, 17070.
2. Defendant, Theresa A. Christopher (hereinafter
referred to as "Mother") is an adult individual who resides at
4833 Charles Road, Mechanicsburg, Cumberland county,
Pennsylvania, 17055.
3. The parties, formerly husband and wife, are the
parents of three minor children namely: Ann Marie Matusheski,
date of birth August 21, 1984; Michael Matusheski, date of birth
January 9, 1987; and Andrew Matusheski, date of birth April 10,
1990.
-
4. Pursuant to a court order of the Court of Common
Pleas of Montgomery County, Pennsylvania docketed to No. 92-14109
and dated December 8, 1992, Mother was awarded primary physical
custody of the minor children. In addition, inter AliA, pursuant
to the December 8, 1992 court order, the parties share legal
custody of the children and Father has partial physical custody
of the children pursuant to a set schedule.
5. On or about April 4, 1994, Father filed a
Complaint fo~ Custody in the Court of Common PIcas uf Cumberland
County, Pennsylvania in which he sought primary physical custody,
shared physical custody, or increased periods of temporary
physical custody of the parties' minor children.
6. After attending numerous mediation sessions
conducted by Arnold T. Shienvold, Ph.D, the parties believe it is
in the best interests of the minor children and thus are desirous
of modifying the custody order of December 8, 1992.
7. Accordingly, the parties stipulate and agree as
follows in regard to the parties' three minor children:
(a) Leaal Custodv. The parties shall share legal
custody of the three minor children:
(b) primarv Phvsical custodv. Mother shall have
primary physical custody of the three minor children:
(c) Partial Phvsical Custodv. Father shall have
partial physical custody of the three minor children as follows:
2
(i) Weekends. Alternating weekends from
Friday after school or day care until Monday morning prior to
school or day care;
(ii) Mid-Week. Every Wednesday from after
school or day care until Thursday morning prior to school or day
care;
(iii) Christmas. In even-numbered years,
Father shall have custody of the children during the Christmas
holiday from 10:00 a.m. through 10:00 p.m. on Christmas Day. In
even-numbered years, Mother shall have custody of the children
from christmas Eve through 10:00 a.m. Christmas Day. In odd-
numbered years, Father shall have custody of the children during
the Christmas holiday from Christmas Eve through 10:00 a.m.
Christmas Day. In odd-numbered years, Mother shall have custody
of the children during the Christmas holiday from 10:00 a.m.
through 10:00 p.m. on Christmas Day;
(iv) New Year's Dav. Father shall have
custody of the children every New Year's Day from 10:00 a.m.
through 8:00 p.m. Mother shall have custody of the children
every New Year's Eve, unless otherwise agreed between the
parties.
(v) Easter. Father shall have custody of
the children every Easter from 11:00 a.m. through 8:00 p.m.
(vi) Memorial Dav. Father shall have
custody of the children for the Memorial Day holiday in all odd-
3
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numbered years and Mother shall have custody of the children for
the Memorial Day holiday in all even-numbered yearsr
(vii) Labor Dav. Father shall have custody
of the children for the Labor Day holiday in all even-numbered
years and Mother shall have custody of the children for the Labor
Day holiday in all odd-numbered years;
(viii) Mother's Dav. Mother shall have
custody of the children every Mother's Day from 4:00 p.m. until
the following morning prior to school or daycarer
(ix) Father's Dav. Father shall have
custody of the children every Father's Day from 4:00 p.m. until
the following morning prior to school or daycare;
(xl Thanksaivina. Father shall have
custody of the children for the Thanksgiving Day holiday in all
odd-numbered years and Mother shall have custody of the children
for the Thanksgiving Day holiday in all even-numbered years.
(xi) Vacation. Each party shall be
entitled to three weeks of vacation during the tradition summer
school vacation with the children, upon thirty (30) days written
notice to the other party. However, neither party may take more
than two weeks of such vacation time consecutively.
8. Communication. Father and Mother agree to
continue to communicate with one another regarding any important
issues related to the children. Additionally, should a problem
arise which cannot be resolved between the parties themselves,
both parties agree to voluntarily attend at least one mediation
4
session with Arnold T. Shienvold, Ph.D., at the request of the
other parent prior to either parent commencing further legal
action. The cost of such mediation sessions shall be shared
equally between the parties.
9. TransDortation. Father shall be responsible for
transporting the children for his partial physical custody
periods.
Intending to be legally bound, the parties have signed the
stipulation as evidenced below.
~~~~~
EP N 'G. TUSHE KI
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WITNESS
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THERESA A. CHRISTOPHE
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WITNESS
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