Loading...
HomeMy WebLinkAbout94-04125 ! I,' ~ I , ' 'I, I' . , , " : . ~ . " , " , , 'i,! " , , , , , , r@ "tl~ '~ 'l~ ')~ ,',r , 1'10' , , ., " " , I / E~ ~ . , " ' " i . , , 1 " A .~ 'm :~II f;{ ~ - G" f I, ~ ~ ,'.'- ';1~ ~1 1 " ~ " ~ J ..... " i , ' . f(; r:, - ~. '1. .- /; ~,~ti .. r'j r. ) .,..... C,) -<'; ~() ): -:J '.J;" I": I , C, ,. ~.-I frlP- '0 .0. I ' I '~J I .... rJ.:!\1 r , ' . I'.. I \1 {'I I II" C' I!LL U In '\ ,,' U .0: ~~ ~ !~ i~ ~ H t;j N P' :>> In ~ ~ ~ u ::t ~ .... fJ "" '> .... o ~ f" o H "... -+' (, >:5 ~ u ~.~ ~~ 0 ae~~f ~i ~ If) a~ ~ ciJ .... QJ d Ifl < ~ .p.. ..... '" ~ ~~ 0 ~ ;J; . u.. ~ I> t;j Z ~ E t:. ~~ ~ :? ..: .. >- ~ . ~ d H ::t ~ "" Q H t.; ~ ~ u.. ,I. . , , ,- " ., Medical Center to Holy Spirit H06pital on November 3, 1995. 7. Defendant, Daniel E. Leon, was released from Holy spirit Hospital on November 6, 1995. 8. On November 7, 1995, the parties', through their attorneys, reached an agreement that the Defendant's, Daniel E. Leon, partial physical custody rights would be suspended for a three (3) moth period. Specifically, by correspondence dated November 7, 1995, from the undersigned to Gerald J. Shekletski, Esquire, by fax machine, stated: As I understand the agreement regarding custody has been resolved. Due to the present circumstances, Mr. Leon will be foregoing any physical custody of David for a three (3) month period. The custody schedule would then gradually be reinstated after Mrs. Leon has received confirmation of Mr. Leon's status. (A copy of the letter is not attached due to other portions which contain negotiations concerning the economic issues which the parties have been unable to resolve.) 9. On or about November 20, 1995, Defendant's attorney of record filed a motion to withdrawal based on "differences have ~ubsequently developed between (Defend~nt's attorney] and defendant with respect to the manner in which the case should be handled." 10. On November 20, 1995, the Honorable J. Wesley Oler, Jr., entered a Rule to Show Cause on Defendant's attorney's motion to withdrawal. The Rule is returnable 20 days from the date of service. 11. On December 7, 1995, Plaintiff, Donna M. Leon, learned '.'....lVll.1JJ!H1'11l10N'JlI.1II.'lWT from Defendant, Daniel E. Leon, that Defendant does not now agree to suspend his partial custody rights, contrary to the agreement reached on November 7, 1995. 12. Defendant, Daniel E. Leon, has threatened to enter Plaintiff's premises on December 8, 1995, and remove the minor child from Plaintiff's care. 13. Plaintiff, Donna M. Leon, believes that Defendant, Daniel E. Leon, is a threat to himself and others, including the minor child. 14. Pending a hearing, Plaintiff, Donna M. Leon, believes that the child's best interests would be served by denying Defendant, Daniel E. Leon, any unsupervised contact with the minor child. 15. On December 7, 1995, the undersigned contacted Defendant's attorney, and informed him of the issues within this Petition and that this Petition would be filed on December 8, 1995. 16. Although Defendant's counsel's motion to withdrawal is pending, he is still the attorney of record for Defendant. ,-,WL'VII,1.I'IfTTU,WDaUla,n it , il' I , IlONNA H. LEON, ) IN THE COURT OF COHHON Plaintiff ) PLEAS OF CUHBERLAND ) COUNTY, PENNSYLVANJA vs. ) ) NO. 94-4125 CIVIL TERH DANIEL E. LEON, ) Defendant I CUSTODY !!I!!R AND NOV. this 3 t)... day of i0.J1-~"'.L~'v , 199'" upon receipt of the conciliator's report, it appearing that the parties have reached agreeMent on the issues raised in this action and had reduced that agreement to writing and presented that writteh agreement to the custody conciliator and then agreed to modify that written agreement in certain ways, and it further appearing that there is yet one more issue to be resolved in this action, we hereby order as follows: 1. The "Agreement Regarding Custody" dated November 29, 1994, wbich is attached to this order, is hereby adopted as the order of this Court, SUbject only to the modifications set forth below. 2. If the father's work schedule changes so that be is not available Wednesday evenings to have the child, he may have the child for the same time period on another weekday evening (Honday, TuesdaY, or Thursday) when he does not have to work, provided that he gives the mother at least two weeks' advance netice of such a change and that the change remains in effect for a periOd of six months. 3. The father's mother, Ellen Leon, may pick the child up on Fridays to begin the father's periods of temporary custody on alternating weekends. Ellen Leon shall pick up the child at the .other's home. 4. The parties have not been able to agree on who should have physical custody of the child during those occasions when the mother is away from home and out of town 1 "EXHIBIT 11." . because of her job, which apparelltly occurs four or five times a year for up to five days at a time. The father would like to keep the child at his home during those times 'and is willing to use the mother's daycare center and his own mother to provide care for the child during the times he works during such weeks. The mother prefers that the child continue to stay at her home with her son by a prior marriage and with her : mother, Harie Yeager. who comes and stays at her hOllle when she is out of town. We will resolve this matter fOllowing a brief hearing, which is hereby scheduled for Court Room No. ~ of the Cumberland County Court House in Carlisle. Pennsylvania, commencing at 3: 30 o'clock e.m., on ;TPw.'''''''~;j , the ,<;:U day of -fjhU<'4.(j , 1999.- At such hearing. neither side will produce more than three witnesses and each side will be limited to one hour to produce the testimony in support of their position. FOllowing that hearing we will enter any order which the court deems appropriate to resolve this remaining issue. 5. With the exception of the provisions of Paragraphs 2 and 3 above, and any order we enter following the hearing scheduled by Paragraph 4 above, the "Agreement Regarding Custody" shall control the parties' schedule of custody with their child, David Bric Leon. born September 26, 1993. By the Court, I s/ "Hctu-iel t! , ~t.i..L (J J. William C. Vohs, Bsquire Attorney for Plaintiff I '!. " I" "'1,' l~ - ,.... ,"" :~ I) Gerald J. Shekletski, Bsquire Attorney for Defendant .' !.;lHI I. sla . II:; /3 tA. - 1, III ............... :.IIL "~ ~~~. . . .bf(t. !:.;'.-k.,. ., 19f'!~.. ( J-' . . . ( . 1.,f.!JI.~.I........ Pre. [1ldfllJT2ry 2 AGREEMENT REGARDING CUSTODY THIS AGREEMENT, made this ~ day of ~, 1994, by and between DANIEL E. LEON of New Cumberland, Cumberland county, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and DONNA M. LEON of Camp Hill, Cumberland county, Pennsylvania, party of the second part, hereafter referred to as "Wife". WITNESSETH: WHEREAS, husband and wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have maqe them desirous of continuing to living separate and apart from one another; WHEREAS, there was one (1) child born of the marriage: DAVID ERIC LEON, born September 26, 1993; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective custody, visitation and child support rights and duties of the parties while they continue to live apart from each other; and WHEREAS, the parties hereto have mutually entered into agreement for the custody, visitation and support of their minor child, DAVID ERIC LEON, after both have had full and ample 1 opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to ba legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: I. CUSTODY 1. Except as provided herein, Wife shall have primary physical and legal custody of DAVID ERIC LEON, subject to such reasonable temporary custody and visitation rights of Husband. Each Party agrees to keep the other apprised of important matters relating to the child's health, education, welfare, and activities. The Parties further agree that each shall have equal access to information concerning the child. 2. The parties agree on the following visitation schedule for the child: a. Weekends. On alternating weekends, Husband shall have custody of the child beginning at the end of Husband's work day on Friday evening until 7:00 p.m. on Sunday evening. However, if Husband's work day on Friday does not end in time for him to pick up the child by 9:00 p.m., then Husband's visitation 2 shall begin of Saturday morning at 10:00 a.m. The Parties agree to be flexible and accommodating to potential schedule changes and/or special activities or emergencies. should it become necessary for the Parties to trade custody weekends, those weekends will change however, the Parties will always revert back to the originCll custody schedule foX' the remaining weekends. On weekends that Husband has custody, should Husband work, the child shall not be left in the primary care of Husband's sister. b. Weekdays. Provided Husband is not working during the hours of 4:30 p.m. and 8:30 p.m., Husband shall have visitation with the child on Wednesdays from 4:30 p.m. until 8:30 p.m. c. Summer vacations. Husband shall have the right to custody of the child for a minimum of one (1) and a maximum of two (2) weeks during the child's summer vacation from school. Husband and Wife shall discuss and agree, thirty (30) days ahead of the scheduled time as to which weeks Husband shall have custody of the child. A week shall be defined as beginning on Friday at the end of Husband's work day and ending on Friday of the following week by 7:00 p.m. unless other arrangements have been made by the parties before the week begins. d. Holidays. i) Thanksgiving--The Parties agree to alternate custody of the child on an annual basis for Thanksgiving. Husband shall have custody of the child on beginning after work 3 on the Wednesday before Thanksgiving Day, 1994 through 3:00 p.m. on Thanksgiving Day, 1994 (hereinafter "Thanksgiving") and on Thanksgiving every even year thereafter. Wife shall have custody of the child on Thanksgiving, 1995 and on Thanksgiving every odd year thereafter. On odd years, Husband shall have custody of the child from 3100 p.m. Thanksgiving Day through 12:00 p.m. the day after Thanksgiving. ii) Christmas--The Parties agree to alternate custody of the child on an annual basis for the Christmas holiday season. a. Wife shall have custody of the child from 12:00 p.m. December 24, 1994 through 12:00 p.m. on December 25, 1994 (hereinafter "Christmas") and on Christmas every even year thereafter. Husband shall have custody of the child on Christmas, 1995 and on Christmas every odd year thereafter. b. Husband shall have custody of the child from 12:00 p.m. on December 25, 1994 through 12:00 p.m. on December 26, 1994 and on every subsequent time period during every even year thereafter. wife shall have custody of the child from 12:00 p.m. on December 25, 1995 through 12:00 p.m. on December 26, 1995 and on every subsequent time period during every odd year thereafter. iii) other holidays. a.) The parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of the child for any holiday or extended vacation period. In the even: that any holiday discussed in this section or this Agreement 4 falls on a weeken~, the holiday schcdule will take precedence over the normal custody schedule. b.) Wife shall have custojy of the child on every Mother's Day. Husband shall have custody of the child on every Father's Day. c.) Husband shall have custody of the child for every Labor Day on an even year. Wife shall have custody of the chi Id for every Labor Day on an odd year. d.) Wife shall have custody of the child for every Memorial Day on an odd year. Husband shall custody of the child for every Memorial Day on an even year. e.) Husband shall have custody of the child for every July 4th on an odd year. Wife shall custody of the child for every July 4th on an even year. f.) Husband shall have custody of the child every Easter sunday on odd years from 9:00 a.m. through 7:30 p.m. Wife shall have custody of the child every Easter sunday on even years from 9:00 a.m. through 7:30 p.m. g.) Husband and Wife shall discuss and agree on a custody schedule for the child at least two (2) weeks prior to any holiday not specifically mentioned in the Agreement, including but not limited to the child's birthday (September 26th) and each Party's respective birthdays. Each parent shall have custody of the child on thcir respective birthday. It is the intent of the parties to establish a birthday schedule that 5 allows each of the parties to spend time with the child on the child's birthday. h.) Once a schedule is established for any particular holiday, custody of the child shall alternate between Husband and Wife every year according to that same schedule. i.) It is the intent of the parties that transportation of the child between parents for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. j.) The Parties aCKnOWledge the medical concerns and needs of the child. The Parties hereby agree that when they have custody of the child, there will be no smoking in the child's presence or in the home during the custody period. II. MISCELLANEOUS 1. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default, hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. This Agreement may be modified by Court Order. 2. This Agreement shall be construed in accordance with the law$ of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. Moreover, 6 the Parties hereby agree that the provisions of this Agreement may be entered as a custody Ordcr in the Court of Common Pleas of Cumberland county at docket numbcr 94-4125 or at such other appropriate Court. 3. This Agreement constitutes the entire understanding of the parties regarding custody and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties regarding custody other than those expressly set forth herein. 4. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 5. In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non- breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the 7 . . breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 6. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: f1Y~ ~1# f kJ~~'RQe ~ Danie 1 E. Leon ~ o~~ Donna M.- 8 DONNA M. LEON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DANIEL E. LEON, 94-4125 CIVIL TERM Defendant CUSTODY IN REI TEMPORARY CUSTODY BEFORE SHEELY. P.J. MEMORANDUM OPINION AND ORDER OF COURT The child of both parties was born September 26th, 1993, and pursuant to an agreement reached by the parents, Mrs. Leon is the primary custodian of David now, and also pursuant to the agreement Mr. Leon, the father, now has certain periods of partial custody with David. Both parties are employed. and the usual custom now for David is that the mother t.akes him to a daycare center somewhere between 6145 and 7:00 in the morning, and then picks him up sometime around 3:45, 4100 in the afternoon. During the week now if the father is available he has a period of partial custody with David on Wednesdays, and he also has partial custody on alternating weekends and at other times. What brings the matter to the Court at this time is that Mrs. Leon, who works for the Navy Ships Parts Control Center, will be on a trip from Monday, January 9th until Friday, Jalluary 13th. Mr. Leon would like to have partial custody of David during that period of time that the mother is on a work trip. If David was with the father during that week, the father usually goes to work aruund 11:00 in the morning and usually works to approximately 9:00 in the evening. He would take David to the daycare center before he leaves the morning, and then either hi mother or father would piok up David from the dayoare oenter, ake David to the home of his father, and then they would hav to stay with David until suoh time as Mr. Leon would oome home from work. And probably most times David would already be in bed when he got home from work. The mother's proposal is that during this week that she will be on the trip her mother has agreed that she will come and live in Mrs. Leon's house, and then her mother would oare for David full-time, and David would not be taken to the daycare oenter during that week. Mr. Leon has three children that he has prhlary oustody of, and Mrs. Leon has one son that she has primary oustodyof. Considering all factors, it would just appear to me that having a parent that would agree to come and stay in the house full-tim~ would be much more in the best interest of David than the schedule that the father would have. Therefore, the Court direots that during this week David shall remain in the mother's home, and the Court would expect then that her mother will provide the oare for David during that week's time. If the father has partial custody on Wednesday evenings, we would assume that he would exercise that period of partial oustody as presently set forth in the agreement. By the Court, :dC,I\ I !) / (If.) Date .......- WillillDl C. Vohs, Esquire Por the Plaintiff Gerald J. Shekletski, Esquire Por the Defendant lmal II I --,.P \ ~ I '( 'I vs. ) ) ) ) ) ) ) IN THB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4l25 CIVIL TBRM CUSTODY DONNA M. LEON, Plaintiff DANIBL B. LEON, I Defendant I I ORDER AND NOV, this ~"rfl day of t~((,.,-k '- . 19<i(. upon receipt of the conciliator's report, it appearing that the parties have reached agreement on the I! issues raised in this action and had reduced that agreement to writing and presented I' I ! that written agreement to the custody conciliator and then agreed to modify that I , I written agreement in certain ways, and it further appearing that there is yet one more I I issue to be resolved in this action, we hereby order as follows: ! !I Ii 1. The "Agreellent Regarding Custody" dated November 29, 1994, which is attacbed II to this order, is hereby adopted as the order of this Court, SUbject only to the modifications set forth below. 2. If the father's work schedule changes so that he is not available Wednesday evenings to have the child, he may have the child for the same time periOd on another weekday evening (Monday, Tuesday. or Thursday) when he does not have to work, provided that he gives the mother at least two weeks' advance notice of such a change and that the change remains in effect for a periOd of six months. 3. The father's mother, Ellen Leon, may piCk the child up on Fridays to begin the father's periods of temporary custody on alternating weekends. Bllen Leon shall piCk up the child at the mother.'s hOlle. 4. The parties have not been able to agree on who should have physical custody of the child during those occasions when the mother is away from home and out of town , II I I II I because of her job, which app~rently occurs four or five ti~es a year for up to five I days at a time. The father would like to keep the child at his home during those times land is willing to use the Mother's daycare center and his own Mother to provide care for the child during the times he works during such weeks. The mother prefers t.hat the child continue to stay at her hOMe vith her son by a prior marriage and with her Mother, Harie Veager, who comes and stays at her home when she is out of town, We will resolve this matter folloving a brief hearing, which is hereby scheduled for Court ROOM No. ~ of the Cumberland County Court House in Carlisle, Pennsylvania. cOMMencing at it-1:.J{) o'clock /:'.m., on j;II.II~.~/j() Y, the ,1(j} day of~f)IC Y , 19qJ.' At such hearing, neither side vill produce more than three vitnesses and each side vill be limited to one hour to produce the testimony in support of their position. folloving that hearing ve vill enter any order vhich the court deems appropriate to resolve this remaining issue. 5. With the exception of the provisions of Paragraphs 3 and 3 above, and any iorder ve enter following the hearing scheduled by Paragraph 4 above. the "Agl'eement , ,Regarding Custody" shall control the parties' schedule of custody with their child, I I IDavid Eric Leon, born September 36, 1993. By the Court, Gerald J. Shekletski, Esquire Attorney for Defendant I ,I I I / ' , / '/ ( rl-r. ,'- A I~ ;"~-~d((" ( I t.'r'~' j~<.<t^ h +(t, I~/''If~ . ...~ ~) . J. William C. Vohs, Bsquire Attorney for Plaintiff I: ~~: 'I ~ l. .) \\ II. ('~f"..J(; t-) ]iT-li II ') / I, f' rJ' 3 DEe IJ 3 ~~ '['11 '9'j II;' .' (:I!'I ;II! I '1 !, l ;, "." L ~ ,,1'1' ,,1' oIY ,I, ,I " , 'il I'; .. illl :', " '~ ti ) j I ,. "II'I! ., '. q "I " , ", ) " I ;. I ". . " I'l, " '. ' ,.J J, 1"'1 j j, ;II I,' o,i,.,' \'; I" ;''1 ", ".,. . ' AGREEMENT REGARDING CUSTODY THIS AGREEMENT, made this ~ day of ~, 1994, by and between DANIEL E. LEON of New Cumberland, Cumberland county, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and DONNA M. LEON of Camp Hill, cumberland county, Pennsylvania, party of the second part, hereafter referred to as "Wife". WITNESSETH: WHEREAS, husband and wife are residents of the commonwealth of pennsylvania and have been so for at least the past six (6) months; WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; WHEREAS, there was one (1) child born of the marriage: DAVID ERIC LEON, born September 26, 1993; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective custody, visitation and child support rights and duties of the parties while they continue to live apart from each other; and WHEREAS, the parties hereto have mutually entered into agreement for the custody, visitation ~nd support of their minor child, DAVID ERIC LEON, after both have had full and ample 1 shall begin of saturday morning at 10:00 a.m. The Parties agree to be flexible and accommodating to potential schedule changes and/or special activities or emergencies. Should it become necessary for the Parties to trade custody weekends, those weekends will change however, the Parties will always revert back to the original custody schedule for the remaining weeket;ds. On weekends that Husband has custody, should Husband work, the child shall not be left in the primary care of Husband's sister. b. weekdays. Provided Husband is not working during the hours of 4:30 p.m. and 8:30 p.m., Husband shall have visitation with the child on Wednesdays from 4:30 p.m. until 8:30 p.m. c. Summer vacations. Husband shall have the right to custody of the child for a minimum of one (1) and a maximum of two (2) weeks during the child's summer vacation from school. Husband and Wife shall discuss and agree, thirty (30) days ahead of the scheduled time as to which weeks Husband shall have custody of the child. A week shall be defined as beginning on Friday at the end of Husband's work day and ending on Friday of the following week by 7:00 p.m. unless other arrangements have been made by the parties before the week begins. d. Holidays. i) Thanksgiving--The Parties agree to alternate custody of the child on an annual basis for Thanksgiving. Husband shall have custody of the child on beginning after work 3 . , on the Wednesday before Thanksgiving Day, 1994 through 3:00 p.m. on Thanksgiving Day, 1994 (hereinafter "'rhanksgiving") and on Thanksgiving every even year thereafter. Wife shall have custody of the child on Thanksgiving, 1995 and on Thanksgiving every odd year thereafter. On odd years, Husband shall have custody of the child from 3:00 p.m. Thanksgiving Day through 12:00 p.m. the day after Thanksgiving. ii) Christmas--The Parties agree to alternate custody of the child on an annual basis for the Christmas holiday season. a. Wife shall have custody of the child from 12:00 p.m. December 24, 1994 through 12:00 p.m. on December 25, 1994 (hereinafter "Christmas") and on Christmas 'ilvery even year thereafter. Husband shall have custody of the child on Christmas, 1995 and on Chr.istmas every odd year thereafter. b. Husband shall have custody of the child from 17.:00 p.m. on December 25, 1994 through 12:00 p.m. on December 26, 1994 and on every subsequent time period during every even year thereafter. Wife shall have custody of the child from 12:00 p.m. on December 25, 1995 through 12:00 p.m. on December 26, 1995 and on every subsequent time period during every odd year thereafter. iii) Other holidays. a.) The parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of the child for any holiday or extended vacation period. In the eve~t that any holiday discussed in this section or this Agreement 4 . , falls on a weekend, the holiday schedule will take precedence over the normal custody schedule. b.) Wife shall have custody of the child on every Mother's Day. Husband shall have custody of the child on every Father's Day. c.) Husband shall have custody of the child for every Labor Day on an even year. Wife shall have custody of the child for every Labor Day on an odd year. d.) Wife shall have custody of the child for every Memorial Day on an odd year. Husband shall custody of the child for every Memorial Day on an even year. e.) Husband shall have custody of the child for every July 4th on an odd year. Wife shall custody of the child for every July 4th on an even year. f.) Husband shall have custody of the child every Easter Sunday on odd years from 9:00 a.m. through 7:30 p.m. Wife shall have custody of the child every Easter Sunday on even years from 9:00 a.m. through 7:30 p.m. g.) Husband and Wife shall discuss and agree on a custody schedule for the child at least two (2) weeks prior to any holiday not specifically mentioned in the Agreement, including but not limited to the child's birthday (September 26th) and each Party's respective birthdays. Each parent shall have custody of the child on their respective birthday. It is the intent of the parties to establish a birthday schedule that 5 allows each of the parties to spend time with the child on the child's birthday. h.) Once a schedule is established for any particular holiday, custody of the child shall alternate between Husband and Wife every year according to that same schedule. i.) It is the intent of the parties that transportation of the child between parents for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. j.) The Parties acknowledge the medical concerns and needs of the child. The Parties hereby agree that when they have custody of the child, there will be no smoking in the child's presence or in the home during the custody peri?d. II. MISCELLANEOUS 1. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. This Agreement may be modified by Court Or.der. 2. This Agreement shall be construed In ~ccordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. Moreover, 6 the Parties hereby agree that the provisions of this Agreement may be entered as a custody Order in the Court of common Pleas of Cumberland county at docket number 94-4125 or at s\lch other appropriate Court. 3. This Agreement constitutes the entire understanding of the parties regarding custody and supersedes any and all prior agreements and negotiations between them. There are no repre~entations or warranties regarding custody other than those expressly set forth herein. 4. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 5. In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non- breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the 7 breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney1s fees, in any action or proceeding to enforce the terms of this Agreement. 6. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideratJ,on for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: 4~ ~1~ t :g~~.QQ~ ~ ;~-~.~,- "0;f';r;--., Donna M. Leo , .-' 8 , .,' I/; '" " ~ ... :3 ~ ;. ~ !:; ., ~ < ~ ..l ~ ~ I. ~ ~ ~ ~ :I: 't. ~ ~ ~ ~ ~ ~ ~ ~ ,~ ~ i" 0 ~ ... 0 " ~ ~ 'l. ~ ~ ,,' I.' 0( '" ;.r. """ lr: ;,. A '1 0 ;t. I. ): < ~ . . . ~ , DONNA M. LEON, Plaintiff vs. ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 94-4l25 CIVIL TERM CUSTODY I i DANIEL E. LEON, : Defendant I :1 ORDIll I, AND NOll, this day of . 199 , upon receipt of the conciliator's report, it appearing that the parties have reached agreement on the issues raised in this action and had reduced that agreement to writing and presented that written agreement to the custody conciliator and then agreed to modify that written agreement in certain ways. and it further appearing that there is yet one more issue to be resolved in this action, we hereby order as follows: 1. The "Agreement Regarding Custody" dated November 29. 1994, which is attached to this order, is hereby adopted as the order of this Court, subject only to the Modifications set forth below. 2. If the father's work schedule changes so that he is not available Wednesday evenings to have the child, he may have the child for the same time period on another weekday evening (Monday. Tuesday, or Thursday) when he does not have to work. provided that he gives the mother at least two weeks' advance notice of such a change and that the change remains in effect for a period of six months. 3. The father's mother, Ellen Leon, may pick the child up on Fridays to begin the father's periods of temporary custody on alternating weekends. Ellen Leon shall pick up the child at the mother's home. 4. The parties have not been able to agree on who should have physical custody of the child during those occasions when the mother is away from home and out of town 1 1'.GREEMENT REGARDING CUSTODY THIS AGREEMENT, made this ~ day of ~, 1994, by and between DANIEL E. LEON of New cumberland, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and DONNA M. LEON of Camp Hill, Cumberland County, Pennsylvania, party of the second part, hereafter referred to as "Wife". WITNESSETH: WHEREAS, husband and wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have maqe them desirous of continuing to living separate and apart from one another; WHEREAS, there was one (1) child born of the marriage: DAVID ERIC LEON, born September 26, 1993; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective custody, visitation and child support rights and duties of the parties while they continue to live apart from each other; and WHEREAS, the parties hereto have mutually entered into agreement for the custody, visitation and support of their minor child, DAVID ERIC LEON, after both have had full and ample 1 opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: I. CUSTODY 1. Except as provided herein, wife shall have primary physical and legal custody of DAVID ERIC LEON, subject to such reasonable temporary custOdY and visitation rights of Husband. Each Party agrees to keep the other apprised of important matters relating to the child's health, education, welfare, and activities. The Parties further. agree that each shall have equal access to information concerning the child. 2. The parties agree on the following visitation schedule for the child: a. ~eekends. On alternating weekends, Husband shall have custody of the child beginning at the end of Husband's work day on Friday evening until 7:00 p.m. on sunday evening. However, if Husband's work day on Friday does not end in time for him to pick up the child by 9:00 p.m., then Husband's ~isitation 2 shall begin of Saturday morning at 10:00 a.m. The Parties agree to be flexible and accommodating to potential schedule changes and/or special activities or emergencies. Should it become necessary for the Parties to trade custody weekends, those weekends will change however, the Parties will always revert back to the original custody schedule for the remaining weekends. On weekends that Husband has custody, should Husband work, the child shall not be left in the primary care of Husband's sister. b. Weekdays. Provided Husband is not working during the hours of 4:30 p.m. and 8:30 p.m., Husband shall have visitation with the child on Wednesdays from 4:30 p.m. until 8:~O p.m. c. Summer vacations. Husband shall have the right to custody of the child for a minimum of one (1) and a maximum of two (2) weeks during the child's summer vacation from school. Husband and wife shall discuss and agree, thirty (30) days ahead of the scheduled time as to which weeks Husband shall have custody of the child. A week shall be defined as beginning on Friday at the end of Husband's work day and ending on Friday of the following week by 7:00 p.m. unless other arrangements have been made by the parties before the week begins. d. Holidays. i) Thanksgiving--The Parties agree to alternate custody of the child on an annual basis for Thanksgiving. Husband shall have custody of the child on beginning after work 3 ., on the Wednesday before 'l'hanksgiving Day, 1994 through 3:00 p.m. on Thanksgiving Day, 1994 (hereinafter "Thanksgiving") and on Thanksgiving every even year thereafter. Wife shall have custody of the child on Thanksgiving, 1995 and on Thanksgiving every odd year thereafter. On odd years, ~usband shall have custody of the child from 3:00 p.m. Thanksgiving Day through 12:00 p.m. the day after Thanksgiving. ii) Christmas~-The Parties agree to altern~te custody of the child on an annual basis for the Christmas holiday season. a. Wife shall have custody of the child from 12:00 p.m. December 24, 1994 through 12:00 p.m. on December 25, 1994 (hereinafter "Christmas") and on Christmas every even year thereafter. Husband shall have custody of the child on Christmas, 1995 and on Christmas every odd year thereafter. b. Husband shall have custody of the child from 12:00 p.m. on December 25, 1994 through 12:00 p.m. on December 26, 1994 and on every subsequent time period during every even year thereafter. Wife shall have custody of the child from 12:00 p.m. on December 25. 1995 through 12:00 p.m. on December 26, 1995 and on ever.y subsequent time period during every odd year thereafter. iii) Other holidays. a.) The parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of the child for any holiday or extended vacation period. In the event that any holiday discussed in this section or this Agreement 4 falls on a weekend, the holiday schedule will take precedence over the normal custody schedule. b.) Wife shall have custody of the child on every Mother's Day. Husband shall have custody of the child on every Father's Day. c.) Husband shall have custody of the child for every Labor Day on an even year. Wife shall have custody of the child for every Labor Day on an odd year. d. ) Wife shall have custody of the child for every Memo:t'ial Day on an odd year. Husband shall custody of the child for every Memorial Day on an even year. e.) Husband shall have custody of the child for every July 4th on an odd year. Wife shall custody of the child for every July 4th on an even year. f.) Husband shall have custody of the child every Easter Sunday on odd years from 9:00 a.m. through 7:30 p.m. Wife shall have custody of the child every Easter sunday on even years from 9:00 a.m. through 7:30 p.m. g.) Husband and Wife shall discuss and agree on a custody schedule for the child at least two (2) weeks prior to any holiday not specifically mentioned in the Agreement, including but not limited to the child's birthday (September 26th) and each Party's respective birthdays. Each parent shall have custody of the child on their respective birthday. It is the intent of the parties to establish a birthday schedule that 5 allows each of the parties to spend time with the child on the child's birthday. h.) Once a schedule is established for any particular holiday, custody of the child shall alternate between /iusband and Wife every year according to that same schedule. i.) It is the intent of the parties that transportation of the child between parents for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. j.) The Parties acknowledge the medical concerns and needs of the child. The Parties hereby agree that when they have custody of the child, there will be no smoking in the child's presence or in the home during the custody. period. II. MISCELLANEOUS 1. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. This Agreement may be modified by Court Order. 2. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. Moreover, 6 the Parties hereby agree that the provisions of this Agreement may be entered as a custody Order in the Court of common Pleas of Cumberland county at docket number 94-4125 or at such other appropriate Court. 3. This Agreement constitutes the entire understanding of the parties regarding custody and supersedes any and all prior agreelr,ents and negotiations between them. Tht;re are no representations or warranties regarding custody other than those expressly set forth herein. 4. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 5. In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non- breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the 7 breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 6. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: 4~ ~1# f D~lQQe~ Danie 1 E. Leon ~ ~~ Donna M.- 8 The child was not born out of wedlock. The child is presently in the shared physical and legal custody of Plaintiff and Defendant. In addition to the child's present address, during the past five years, the child has resided with either Plaintiff or Defendant at the following addresses: 13 Wayne Avenue, New Cumberland, Pennsylvania. The mother of the child is Plaintiff, who resides at 212 Fineview Road, Camp Hill, PA. She is married to Defendant, although she has filed for Divorce from Defendant. The father of the child is Defendant, who resides at 134 Meadowbrook Drive, New Cumberland, PA. He is married to Defendant, although Plaintiff has filed for Divorce from Defendant. 4. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the child and her other son, Michael S. Bennett, age 13. 5. The relationship of the Defendant to the child is that of father. The Defendant currently resides with his. three (3) children: Brian M. Leon, age 14; Michael E. Leon, age 8; and Danielle M. Leon, age 6. 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. The ~laintiff has no information of a custody proceeding concerning the custody of the child J.n this or any other court. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served best by granting the relief requested because: a) The Plaintiff has had shared physical and legal custody of the child since the child's birth; b) The Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) The Plaintiff is, and has always been, willing to accept custody of the child; d) The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of the child; and e) The Plaintiff provides the child with a more stable and emotionally balanced home and home life than does the Defendant; .1 8. Each parent whose parental rights to the child have not beell terminated and the person who has physical custody of the child have been named as parties to this action. There are nO other persons who are known to have or claim a right to custody or visitation of the child. I "I I." I " , I , I , , I! j j WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant Plaintiff the primary physical and primary legal custody of the child, David E. Leon. Respectfully submitted, Mi~~'~i" Attorney ID No. 57976 11 W. Pomfret street, suite 2 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff ... DONNA M. LEON, Plaintiff V. I IN THI COURT or CONNON PLIAS or I CUMBIRLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I 94-4125 CIVIL TIRM I CUSTODY DANIIL I. LION, Defendant IN RII TBMPORARY CUSTODY BlrORI SHEBLY. P.J. Hl)JORANDUN OPINION AND ORDER or COURT Tha child of both parties was born September 26th, 1993, and pursuant to an agreement reached by the parents, Mrs. Leon is the primary custodian of David now, and also pursuant to the agreement Mr. Leon, the father, now has certain periods of partial custody with David. Both parties are employed, and the usual custom now for David is that the mother takes him to a daycare center somewhere between 6145 and 7100 in the morning, and then pick. him up sometime around 3145, 4100 in the afternoon. During the week now if the father is available he has a period of partial custody with David on Wednesdays, and he also has partial custody on alternating weekends and at other times. What brings the matter to the Court at thi. time is that Mrs. Leon, who works for the Navy Ships Parts Control Center, will be on a trip from Monday, January 9th until Priday, January 13th. Mr. Leon would like to have partial cu.tody of David during that period of time that the mother is on a work trip. If David was with the father during that week, the father usually goes to work around 11100 in the morning and usually works to approximately 9100 in the evening. He would take David to the daycare center befol'e he leave. for work in . the morning, and then either hi. mother or father would pick up David from the dayoare center, take David to the home of hi. father, and then they would have to stay with David until such time as Mr. Leon would come home from work. And probably most times David would already be in bed when he got home from work. The mother's proposal is that during this week that she will be on the trip her mothar has agreed that she will oome and live in Mr.. Leon's house, and then her mother would care for David full-time, and David would not be taken to the daycare centar during that week. Mr. Leon has three children that he has primary custody of, and Mr.. Leon has one son that she has primary custody of. Considering all factors, it would just appear to me that having a parent that would agree to come and stay in the house full-time would be much more in the best interest of David than tho schedule that the father would have. Therefore, the Court directs that during this week David shall remain in th~ mother's home, and the Court would expeot then that her mother will provide the care for David during that week's time. If the father has partial custody on Wednesday evening., we would assume that he would exercise that period of partial custody a. presently set forth in the agreement. :J,~, \ Date I ( /'/1.\ I By the Court, / /(,..// r!;'';::f' ~ E.SheelY~ 'I LJ','C I : n I William C. Vohe, Bsquire For the Plaintiff aerald J. Sheklet.ki, Isquire For the Defendant lmal " ~ r- ?;; 0 ,~ .. ~ Ol .,- C I',;l ..,.. ()t;;~ ~. =..:;: r:1 ~:.j C.l ...-....... u. en :/ ~/1 r.... <'J . ."J,;~ ~ U c- ~~. lU 19~ .:::l s' ~ lJ") Cl (5 " , ' " " .... r:r) "0 fl~ 1I [- I ,. ~~ -'} ,,-r 1.1'( , _0 , ~- ',! c\. . ..,.{ ... I:: , L/.. e' j" .... ,;1 C~' I , 11.1' ('t.J , ~ / t , r.< I .';(ij IJ__ ',' L' '1;~ I' Lt.. .'" '" (.t"l .~) U 0" U , r, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY DANIEL E. LEON, Petitioner DONNA H. (LEON) BENNETT, Respondent NO. 94-4125 CIVIL TERM PITITIOH rOR MODI'ICATION 0' CUSTODY ORDIR Petitioner, Daniel E. Leon, by his attorney, the Family Law Clinic, respectfully represents that: 1. On January 11, 1995, Judge Harold E. Sheely, P.J. entered an Order of Court rejecting Petitioner's proposal to assume partial physical custody of David Eric Leon, the parties I minor child, during the periods when Respondent was away from home for business purposes. 2. Other orders relating to the custody of this child have also been entered by Judge Kevin A. Hess. 3. The Order of January 11, 1995 should now be modified because: a. Respondent is still occasionally required to travel for an entire week at a time due to h~r employment with the Navy Ships Parts Control Center. b. Petitioner was previously denied custody during these periods of time because he worked from 11:00 a.m. until aPPl'oximately 9:00 p.m. and would be unable to spend much time with David in the evening. c. Petitioner's work hours have recently changed so that he now works from 8:30 a.m. until 4:30 p.m.. d. Petitioner will now be able to take David to his .. DONNA N. LION, I IN 'l'RB COQRT or CONNON 'LIlAS or Plaintiff I ctJNIIERLAND COtINTY, PINNSYLVANXA I V. I CIVIL ACTION . LAW I DANIEL B. LBON, I 94.4125 CIVIL TIlRM Defendant I CUSTODY IN RE I TEMPORARY CUSTO,&n: BEPORE SHEELY. P.J. MEMORANDUM OPINION AND ORDER or COURT The child of both partie. was born September 26th, 1993, and pur.uant to an agreement reached by the parents, Mrs. Leon is the primary cu.todian of David now, and also pursuant to the agreement Mr. Leon, the father, now has certain periods of partial custody with David. Both partie. are employed. and the usual cu. tom now for David is that the mother takes him to a daycare center .omewhere between 6145 and 7100 in the morning, and then picks ~im up sometime around 3:45, 4,00 in the afternoon. During the week now if the father is available he has . period of partial custody with David on Wednesdays. and he also has partial custody on alternating weekend. and at other times. What brings the matter to the Court at thi. time is that Mrs. Leon, who works for the Navy Ships Parts Control Center. will be on a trip from Monday. January 9th until Priday. January 13th. Mr. Leon would like to have partial custody of David during that period of time that the mother i. on a work trip. If David was with tha father during that week. the father usually goes to work around 11:00 in the morning and usually works to approximately 9:00 in the evening. He would take David to the daycare center before he leaves for work in the morning, and then either his mother or father would pick up David from the daycare center, take David to the home of his father, and then they would have to stay with David until such time as Mr. Leon would Cl)me home from work. ADd probably most times David would already be in bed when he got home from work. The mother's proposal is that during this week that she will b. on the trip her mother bas agreed that she will come and live in Mrs. Leon's house, and then her mother would care for David full-time, and David would not be taken to the daycare center during that week. Mr. Leon has three ohildren that he has primary custody of, and Mrs. Leon has one son that she has primary custody of. Considering all factors, it would just appear to me that having a parent that would agree to come and stay in the house full-time would be much more in the best interest of David than the schadule that the father would have. Therefore, the Court directs that during this , week David shall remain in the mother's home, and the Court would expect then that her mother will provide tha care for David during that week's time. Xf the father has partial custody on Wednesday evenings, we would assume that he would exercise that period of partial custody as presently set forth in the agreement. By the Court. sk\ \ Date I! / c! r ) I 1_ '"' ~ , ;:;7] Sheely. P. J,' William C. Vohs. Esquire ror the Plaintiff aerald J. Shekletski. Esquire For the Defendant :mal " " ~ <'l r: lJ-, ',. .. ~'i . - Ul(.1 , ). (), : :J.: l): 8-< " - , d.. 1.'1 CI ,. '- , filf - , tl: .I" N ::1 _Il I r." [. L~,.l :".l.... ~_\ : "', . b 0" "'J , , CJ' 0 I' Il:amploIe J... t """...,., __, I Il:amploIe_~",ond"', I .".". your f'IIIlM Ind IddreII on .. nt\ltfll of ... form 10 '* we _IoWOU, , "_""fOImlOllllfronIoIlhornoilpllol,..",lIIIbodlil_ I 1e::t:!R...nIl__'OIlIho/lllllPlCl_....-IlIlII'Ilor, ITIIo_IIIIOIipI'" ohowlO_ "" _._ _ondlhldllo 1_, to: I 'lr.,,~; <: \1/>1\\' l' , \\ \ \ \ (, " ' \. \- , I I , \ \ \ ~ 1 "J ( \ I, I' '.\ s, s, II ---- ,..,.:#- 11.~rl884 , " ... ,.... '- tr; - [-;; "!, .. ..... ~;l - 1,,1': U I~.,. - i.~ ..; ~~;:' :r~ I.) .:! ~I: We l;J \" . ~.. .,,- ", '~' ~ fi.)t, ''"' I' .~" Ill" "" lil) ....-r. I" r.. :L. ,_. ~ on d g, ( ( 1 I , ) i" ,I , , - ~ iii h ~~ ~ ~ e .J ~ _ So i ~ ~I,J 5 ~ = " . ~ ~ '" . . , , . 'H'I< , 1 199&'.1 ) '. i . . , " , , fr. ~ r-; r~ c"; .,~ 9 . " ~' IJ~~? r 0) ~"~, (,,, < ~r: " ~ : :: [1:i of\':'l: 1 0) ~ nl .'., ~l, ..;~. . ,Iii) " (-j" I I, . L I._ " .'\- Et'" >.. ,,1(,) . ~; "'~"', ~ _.! l..i.. F :" a b (1:1 t7'