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HomeMy WebLinkAbout94-04285 , II II' " III , ' I, I " j , " " , , , I 'if \, " '.It i , ' ' I I I , " I ,I , , I " I l() I 00 ("6 ::r " " " " 4. The pertles shall alternata the major holidays, tha major holidays being defined as Easter, Memorial Day, Fourth of July, Labor Day, and Thankaglvlng. Thla alternating holiday echedule shill oommlnce with Mother hiving Ellter In 1996. This parlod of vl.ltltlon .hllllnclude the weekend, If eppllolble. 6. During the summer months of 1996, Fathar shill hive oustody In Iccordance with the following schedula: A. June 16 through June 23; B. July 14 through July 28; and C. August 4 through August 18. Father will provide transportation for these periods of partial custody and visitation except for tha beginning transportation of the August 4, 1996, week wherein Mother will provide the transportation, 6, Father agrees that when the child Is In his custody, he will not take the child to any race tracks, gambling halls or off-track betting of any type, and elso he will not pertlclpate In any race track activities, gembllng, or off-track betting. The purpose of this provision Is to Insure that the Fether Is with the child when the child Is under his care. 7. The Father will obtain adequete day care facilities for the child when tha child Is In his custody and will authorize Mother'e I , , i ':I: , . , ~ (:1 " "/ " ,I \,' , " I: , II: I. , " I, " \ !, " " , , '" 'I ./ , , 'I ~ o. Fother sholl hove two four (4) doy weekends per month. Said weekends sholl begin Fridoy through Monday, b, Fother sholl hove custody two weeks out of every month during the summer (June, July, August). No more than two consecutive weeks sholl be token ot ony given time ond there must be at leost two weeks between each of the visits, c, The porties agree to alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day. ond Thanksgiving, storting with Father exercising custody on Easter, 1994, If a holiday on which Father is exercising custody should lhllon a weekend, thot weekend shall count as one of Father's weekends dudng that month, d. Father shall have custody of the child from December 26 through Januory 1st or the day before the restart of school each year, 4, When having physical custody of the child. each parent shall encourage the child to honor, respect and love the other party, Neither porty sholl alienate, nor ottempt to alienate or destroy the affection of the child fl)r the other parent. 5, The parties further agree that this Stipulation shall be entered as an Order of Court, and, as such shall have the lullond same force and effect as if the matter had been. tried and decided, ',. 'I;j I I I' .' I .. " ,~ I \ I"); I;,: ,. , , I:! :'.r (1,1:, ",' ',n (' I,-,j ': , ' , "\1' , 'I \.. f, I' ~ ; ~ 'I I ~L ,i II: '" , , 1.)1 l,J f. ~ ! ~ .. i ~ I P ~i ~ - W C"lB' ~ I ~~ II. I ~. , I ',1" . , , " ~ Law ()(I1L'\'~ III , M...id P. Cc'~"'lli P. 0. Bux t1Hl) HlArrl~burs, Pcnn,)lvlInlu 1710M.()flIN r [n 0 ~ 190M'" . S. Since the inception ofslIld Order. PllIlntilThlls lellrned of several incidences and problems which hllve arisen which necessltllte a modilication of the present Order. These problems lIrc LIS follows: a. When in the Defendllnt's custody, the child has poor hygiene habits which lire encouraged by Defendant. The child does not bath nor does the Defendant change the child's clothing. In fact, the child was recently returned with sores on his bUllocks from soiled underwear. b. Plaintill'has recently learned that during Defendant's summer visitation in 1995, he len the child unsupervised with another eight year old child in a 12 x 12 room olTthe back ofa race track where he was working. The child could have easily run oft' or become hurt and Defendant would not have known. c. Plaintiff also recently learned that when the parties child was four years old, Defendant managed to lose him at a race track the day of the Kentucky Derby. d. Defendant continually exposes the child to gambling and swearing. 6. The best interest and permanent welfare of the child will be served by a modification of the Court's Order of August 2, 1994. , Il, fluther 11111111 huve IWu lilllr (4) duy weekends per month, Said weekends shull begin FridllY lhwul-th MUl\llu)', h. Futlll:' shllll huw l'lIsludy twu weeks uut of every month during the summcr (Junc, July, AUf/ust), NlIluol'c thanlwlI consecutive wceks shall be taken at any givcn tlmc 1Il\llthel'e lIlusl hl' III lcusltWII \weks hetwcen cach of the visits. c, 'I hl' pllltks 1I1!.I'l'C IlIuhcrlliIle thc holidays of Easter. Memorial Day, Fourth uf July, I.ahol' I lay, IIIIlI 1llIlIlksllivillll. starting with Futher exercising custody on Ellstcr, 1994, 11'11 hlllidll)' 1111 which I-illhcr is exercising custody should tall on a weekend, that weekend shllll count II,S Olll' orl:uther's weekellds during that month. d, I'ather shull hllve cllstody orlhe l:hild lhllll December 26 through January I st or thc day helilre the I'estlll'lllr school cadI year, 4, Whcn huving physical custody of the child, each parent shall encourage the child to honur, respcct III III IlIve the lither Jlurty, Neither Jlarty shall alicnatc, nor attcmpt to ulienute or destroy Ihe alledionllflhe child ((lr the other patent. ~, The parties thrther tlgrce that this Stipulation shall bc cntcred as an Order of Cuurt. und, us such shall havc thc 11111 and samc forcl: and cffcct as if the matter had been tried und decided, ,. '. 4. The parties shallslternate the major holidays, the major holidays being defined as Eastar, Mamorlal Day, Fourth of July, Labor . Day, end Thanksgiving, This alternating holiday schedule shall commence with Mothar having Easter In 1996. This period of vl.ltatlon shall Include the weekend, If applicable. 6, During the summer months of 1996, Fether shall heve custody In accordance with tha following schedule: A, June 15 through June 23; B. July 14 through July 28; and C. August 4 through August 1 B. Father will provide transportation for these periods of partial custody and visitation except for the beginning transportation of the August 4, 1996, weak wherein Mother will provide the transportation. 6, Father egrees that when the child Is In his custody, he will not take the child to any race trecks, gambling hells or off-track betting of eny type, and also he will not partlclpete In eny race track ectlvltles, gambling, or off-track betting, Tha purpose of this provision Is to Insura that the Fether Is with the child when the child Is under his cere. 7, The Father will obteln adequate day care facilities for the child whan the child Is In his custody and will authorize Mother's ,"I;.,! ih a\ --'I' f:t r ;..... ;' .~\~~_it'J) V:~_,~ ' ,~':':~'ti,'-i,'itll 'I' .fl-:d-, - . ..."!I,L'!'!t! ~,j~ 'r."~jfj i ;_1 ','.)',1 ,~.~ iI'lll') I '1\'iI"~1 . .i,,,, :'Ji~-,i,-~iIL..,tL'-" ,,/I,.,.t- . , l')~;r~ 1.1:t I I J';J'l'/'I'~\ I, 'II-' .tt:. ". 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""I .,' J11' ,',' "1\ 1 believes that it is in the best interest of the child to continue to live with her, She is better able to provide a structured environment to meetthc evolving needs of Cullen and has demonstrated this by her actions, Mother believes that during the last year, Cullen has attempted to test and rebel against rules at school and in his household, He has given up sports and conducted himself in an inappropriate fashion both at school and at home, which actions have damaged his reputation in the school community aud neighborhood, Mother has responded to the challenge by providing positive reinforcement for appropriate behavior, strict controls on his activities, counseling at Diakon, and working hands on with the school and their resoul'ce referrals, She has also enrolled the child in summer camp at the Valley Forge Military Academy at Cullen's request and undertaken other actions to provide structure for the child, Mother denies any change in the relationship between her companion and Cullen since its commencement when Cullen waS six years old, Mother believes that the child's desires arc motivated by the less restrictive environment at Father's home, as well as the child's romanticized need to buddy with his Father after the many years of separation due to Father's relocations, Mother does not believe Father can provide a stable environment and a healthy, disciplined parent-child relationship which would meet the present and important needs of Cullen at this stage of his life, Mother is willing to allow Father flexible and extended periods of partial custody, 3 7) Dr, Stanley Schneider concerning his custody review and psychological testing. Dated: August 5, 2004 "'j"'7:b.~ ' t:" ". '..p".,.III,"" ."1"" 549 Bridge Street New Cumberland, P A 17070-1931 (717)- 714-1445 Supreme Court 10 #32317 Attorney for Plaintiff " , ' J' I I , , , i , " I II " 5 ( ,I I Defendent I I I I I I ) ) ) IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA PAMELA MILLER LUPO, Plaintiff vs. CIVIL ACTION. LAW NO, 94.4285 CIVIL TERM DAVID C, LUPO, CUSTODY I I AND NOW comes the ebove.named Defendant, by his attorney, Semuel L. Andes, and flies the following Pre.Hearlng Memorandum in this matter: I. POSITI9N ON CUSTODY. Defendant seeks an award of primary physical custody of his son Cullen J, Lupo, age 14, born 30 September 1989. The child has resided in the primary physical custody of II Plaintiff since the parties' separation approximately four years ago. However, during the i past year, the child has become estranged from his mother and has developed problems at : school as e result. Those problem Include a significant drop off in his academic performance, behavior problems, and a loss of Interest in his extra-circular activities. Defendant believes he can provide a better and more comfortable living situation for the child, The parties have agreed that the child shall transfer from the West Shore Schools and attend Trinity High School starting in August of this year, Defendant believes that that change In the child's school and more active supervision and Involvement with his father will help him overcome the difficulties the child experienced last year in school. The child has expressed a strong and repeated desire to reside with Defendant and Defendant believes he Is in a better position to provide the supervision and other care that the child needs. For that reason he seeks an award of primary physical custody. II. WITNESSES. At the present time Defendant Intend~ to call the following witnesses to testify at the hearing In this matter: A, Defendant himself, PRE.HEA~ING MEMORANDUM OF DEFENDANT. DAVID C. LUPO " 8, Therese Schirmer, Ms, Schirmer is Defendant's long-term girlfriend who Is well known to Cullen. She will testify about Defendant's home and living arrangements, Defendant's ralatlonshlp with Cullan, and tha relationship between Cullen and Therese Schirmer and her daughter Amande Schirmer who also resides with Defendant and Therese Schirmer, C, Jack Mitchell. Mr, Mitchell Is a friend of Defendant and has coached Cullen In sports In the past. He will testify about the relationship between Cullen and the Defendant and the Defendant's ability to supervise and control Cullen, D, Dane Lupo. Dane Lupo Is Dafendant's brother, Htl will testify about the close relationship between Cullen and Defendant and about Defendant's love for and ability to care for his son, E, Ricky Hirsch, Mr, Hirsch Is 8 counselor who has been working with Cullen for sevtlral months at the Dlakon Lutheran Services. He will testify that Cullen has mede significant Improvement In enger management and will testify about Cullen's relationship with tha Defendant. F, Cullen Lupo (In chambers), Cullen will testify about the relationship he enJoys with his father and about the problems he has experienced with his mother and her long-term boyfriend, G, Stan lay Schneider. Dr, Schneider Is in the process of com plating a custody evaluation in this case and It Is anticipated he will testify as an expert witness regarding his evaluation and recommendations. Respectfully Submitted, 1 0 August 2004 ~ Samuel L. Andes Attorney for Defendant Suprema Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 Defendant ) I I ) I ) I ) ) I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW PAMELA MILLER LUPO, Plaintiff vs, NO, 94-4285 CIVIL TERM DAVID C, LUPO, CUSTODY AND NOW this ~ ORDER OF COURT daYOf~~ , 2004, upon the agreement of the parties as evidenced by the written stipulation of their counsel, we I hereby order as follows: [, 1. Legal custody of the minor chid, Cullen J. Lupo, age 14, born September 30, 11989, shall be shared by his parents, the Plaintiff, Pamela Miller Lupo ("Mother"l and the II Defendant, David C. Lupo ("Father"l, The child shall be enrolled In Trinity High School for II the school term which begins this month, The parties shall share Information and II cooperate to make mutual decisions for the child and both of them will cooperate fully I, II with Trinity High School and Its staff with regard to the child's attendance and aducation ! there. Father shall be responsible to pay tho full cost of tuition, fees, uniforms, and other [I direct expenses relating to Cullen's attendance at Trinity High School. 1\ 2, During the school year, Mother shall have primary physical custody and Father 'I shall have the following periods of temporary custody: A. Alternating weekends from after school on Frldey until 8 p,m. on Sunday. The perties shall agree upon the stertlng time for Father's alternating weekends. B. Every Wednesday overnight, from after school on Wednesday until school resumes on Thursday morning, C. Such other times as the parties may mutually agree, , . '. 3, The parties shall share physical custody of the child during his summer vacation from school, In two-week blocks of time. 'rhe cycle shall commence on the first Friday following the completion of school In the sllrlnt and shall end the Friday before school resumes In the fall, Father shall have the first two-week block each summer and the parties will elternate those two-week blocks thereafter. During each parent's periods of custody during the slJmmer vacation, when tha perents and the child are In town, the other parent shall have temporary custody of Cullan overnight on Wednesdays, I commencing and ending at a time to be egreed upon by the parties. These Wednesday , overnight periods of temporery custody, however, shall not occur when the custodial I parent Is on vacation or Is otherwise out of town with the child, I 4, The child's Christmas vacation from school shall be divided so that Mother shall have the child each year from the time the vacation commences until 9:00 a.m. on December 26'h, and Father shall have the child each year from 9:00 a,m, on December 26'h until 8:00 p.m. the day before school resumes after the vacation period, 6, Notwithstanding the other provisions of this order, the parties shall alternate the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, Each parent's holiday custody period shall commence at 4:00 p.m, the day befme tho holiday and end at 8:00 p,m. the day of the holiday, 6. Each parent shall have the right of reasonable telephone contact with the child provided, however, that neither parent shall call and speak to the child more than one time per day when the child Is In the other parent's custody, The child, however, shall be free to contact the non custodial parent as frequently as the child wishes and neither party will limit that telephona contact. Further, In the event of an emergency or other unusual circumstances, each party will be entitled to more than one telephone call to the child per day, 7, The parties acknowledge that the child Is currently engaged In a course of counseling and they agree to continue that counseling as long as the counselor Involved recommends It.