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NOV 17 1994,1[1
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MARYANN MURPHY
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training; special schools and/or instructions; choice of summer
camp. if any; choice of day care provider; all extraordinary
medical and dental treatment; psychotherapy. psychoanalysis, or
like treatment; decisions relating to actual or potential
litigation involving the child. directly or as beneficiary, other
than custody litigation; pUblic or private school education,
whether secular or religious; and scholastic athletic pursuits and
other extracurricular activities.
(b) Each parent agrees to keep the other informed of the
progress of the child I s education and social adjustments. Each
parent agrees to give support to the other in the role as parent
and to take into account the concerns of the other for the physical
and emotional well-being of the child.
(c) While in the presence of the child. neither parent shall
make or permit any other person to make any remarks or do anything
which could in any way be construed as derogatory or
uncomplimentary to the other parent. It shall be the express duty
of each parent to uphold the other parent as one whom the child
should respect and love.
(d) It shall be the obligation of each parent to make the
child available to the other in accordance with the physical
custody schedule and to encourage him to participate in the plan
hereby agreed and ordered.
(e) Each parent shall have the duty to notify the other of
any event or activity that could reasonably be expected to be of
significant concern to the other parent, Each parent shall provide
tho other with a current teluphone number for said contact.
(f) The parents shall communicate directly with one another
concerning any parenting issue requir ing consul tation and agreement
and regarding any proposed modifications to tho physical custody
schedule, which may from time to time become necessary,
(g) Wi th regard to any emergency decisions which must be
made, the parent with physical custody of the child at the time
shall be permitted to make the decision necessitated by the
emergency without consulting the other parent in advance, However,
the parent with physical custody making an emergency decision shall
inform the other of the emergency and consult with him/her as soon
as possible. Day-to-day decisions of a routine nature including
those relating to medical care shall be the responsibility of the
parent having physical custody at the time.
(h) Bach parent shall be entitled to complete and full
information from any doctor, dentist, teacher or authority and have
copies of any reports given to them as a parent. Such documents
include, but are not limited to, medical reports, academic and
school report cards, birth certificates, etc. Both parents may and
are encouraged to attend school conferences and activities, as
their schedules permit. The FATHER's name shall be listed with tho
school, however, it will be MOTHER's primary responsibility to
provide FATHER with copies of report cards and all notifications of
major school events.
(i) Neither parent shall schedule activitieo or appointments
for the child which would require his attendance or participation
at said activity or appointment during a time when he is scheduled
to be in the physical custody of the other parent without that
parent's express prior approval.
lJ.u PIIYSICALGUSTOQX
The parents shall share physical custody of the minor child on
the following schedule:
(a) Primary physical custody of the minor child shall be with
MOTHER.
(b) FATHER shall have partial physical custody of the minor
child as set forth below:
(i) alternate weekends from Friday between 6:00 p.m. and
6:30 p.m. until Sunday at 6:00 p.m.;
(ii) during the summer months, for twelve (12) days, to
be divided into two (2) periods - one (1) period consisting of
seven (7) consecutive days, and one (1) period consisting of five
(5) consecutive days, FATHER shall give MOTHER written notice of
these days of summer custody by May 1st of each year;
(iii) during the school year, for one (1) day,
coinciding with the minor child's school vacation days.This day
shall not be during the Easter, Thanksgiving or Christmas holidays.
MOTHER shall provide FATHER with a school calendar designating the
school vacation days as soon as she receives it. FATHER shall give
MOTHER written notice of the specific day during which he will
exercise this period of custody within one (1) week of his receipt
of the school calondar from MOTHER;
(iv) in the event that FATHER is unable to exercise his
poriod of custody on his alternate weekend due to the illness of
the minor child, FATHER shall have the child the following Thursday
evening from 5:00 p.m. until 8:00 p.m. In the event that FATHER's
work schedule precludes him from exercising his period of custody
on his alternate weekend, FATHER shall give MOTHER notice of same
by 8:00 p.m. on the Wednesday prior to his scheduled weekend, and
FATHER shall have the minor child on the Thursday evening following
his regUlarly scheduled weekend from 5:00 p.m. until 8:00 p.m.
H.9J, ,l,ga..YlLB !uLSp!lc.i_a). _. Q,C;C;.i! s lJ:l1lS
(c) Easter shall be alternated between the parents each year
with FATHER having custody in all even years, beginning in 1996,
from 6:00 p.m. on the Saturday preceding Easter until Easter sunday
at 6:00 p.m.
When Easter falls on FATHER's al ternate weekend, his
periOd of custody shall begin on the Friday before Easter at 6:00
p.m. until Easter Sunday at 6:00 p.m.
(d) Thanksg i ving sha 11 be alternated between the parents each
yoar wi th FATHER having custody in all odd years, beg inning in
1995, from 6:00 p,m, on the Wednesday preceding Thanksgiving until
the Friday after Thanksgiving at 6:00 p.m,
When Thanksgiving falls on FATHER's alternate weekend,
his period of custody shall continue until sunday at 6:00 p.m.
(e) FATHER shall have Memorial Day each year. When it is
FATHER's weekend, FATHER shall have the minor child from Friday at
6:00 p.m. until Monday at 6:00 p.m.
When it is MOTHER's weekend, FATHER shall have the minor
child from Sunday at 6:00 p,m, until Monday at 6:00 p.m.
(f) MOTHER shall have Labor Day each year from 6:00 p.m. on
the day preceding Labor Day until 5:00 p.m, on Labor Day.
(g) New 'lear's and the Fourth of July shall be alternated
between the parents each year with FATHER having New 'lear's in odd
years beginning in 1995 and MOTHER having the Fourth of July in odd
years beginning in 1995. These holiday hours shall be from 6: 00
p.m, the evening before the holiday until 6:00 p.m. tho day of the
holiday.
(h) The Christmas holiday shall be divided into two (2)
periods and shall be alternated between the parents each year. The
first period shall be from 6:00 p.m, on December 23rd until 8:00
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MARYANN MURPHY
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DAVID BRANNON,
Plaintiff/Petitioner
v.
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-649~
ROXANNE PETRO,
Defendant/Respondent
CIVIL ACTION - LAW
IN CUSTODY
AND NOW, this
ORDER OF_COURT
Il''''d.' of h
~_, 1995, upon
consideration of the within Peti tion, IT IS HEREBY ORDERED AND
DECREED that DAVID BRANNON, Plaintiff/Petitioner is permitted to
take his son, RHETT DAVID BECHTEL, born January 9, 1989, to Walt
Disney World, this period of summer custody to begin on June 17,
1995 at 6:00 p.m. until June 25, 1995 at 6:00 p,m.
BY THE CURT:
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I'ilrtial physical custody of the child, (See Exhibit "A")
7. On April 30, 1995, petitioner advised Respondent of the
dates of his period of summer custody as per Paragraph II (B) (ii)
of the Custody Order. Petitioner told Respondent that he wanted the
minor child for summer vacation beginning on June 17, 1995 until
June 25, 1995, which will include his per iod of custody for
Father's Day and his alternate weekend of custody.
8. Several days later, Respondent advised Petitioner that
the days that he had chosen were acceptable to her.
9. Last weekend, Petitioner advised Respondent that he had
made arrangements to take the minor child to Walt Disney World, and
requested that Respondent not tell the child since Petitioner
wanted to surprise him, Petitioner supplied Respondent with his
itinerary and contact telephone numbers during this period of
summer custody.
10. Respondent became very upset that Petitioner had planned
to take the child to Walt Disney World because she wanted to be the
one to take him there first.
11. After lengthy discussions between Petitioner and
Respondent, Respondent told Petitioner she would not let the minor
child go with him because she had primary custody and she thought
training; special schools and/or instructions; choice of summer
camp, if any; choice of day care provider; all extraordinary
I
medical and dental treatment; psychotherapy, psychoanalysis, or
like treatment; decisions relating to actual or potential
litigation involving the child, directly or as beneficiary, other
than custody litigation; public or private school education,
whether secular or religious; and scholastic athletic pursuits and
other extracurricular activities.
(b) Each parent agrees to keep the other informed of the
progress of the child I s education and social adjustments. Bach
parent agrees to give support to the other in the role as parent
and to take into account the concerns of the other for the physical
and emotional well-being of the child.
(c) While in the presence of the child, neither parent shall
make or permit any other person to make any remarks or do anything
which could in any way
be construed as derogatory or
uncomplimentary to the other parent. It shall be the express duty
of each parent to uphold the other parent as one whom the child
should respect and love.
(d) It shall be the obligation of each parent to make the
child available to the other in accordance with the physical
custody schedule and to encourage him to participate in the plan
hereby agreed and ordered.
(e) Each parent shall have the duty to notify the other of
any event or activity that could reasonably be expected to be of
significant concern to the other parent. Each parent shall provide
the other with a current telephone number for said contact.
(f) The parents shall communicate direc~ly with one another
concerning any parenting issue requir ing consul tation and agreement
and regarding any proposed modifications to the physical custody
schedule, which may from time to time become necessary.
(g) With regard to any emergency decisions which must be
made, the parent with physical custody of the child at the time
shall be permitted to make the decision necessitated by the
emergency without conSUlting the other parent in advance. However,
the parent with physical custody making an emergency decision shall
inform the other of the emergency and consult with him/her as soon
as possible. Day-to-day decisions of a routine nature including
those relating to medical care shall be the responsibility of the
parent having physical custody at the time.
(h) Each parent shall be entitled to complete and full
information from any doctor, dentist, teacher or authority and have
copies of any reports given to them as a parent. Such documents
include, but are not limited to, medical reports, academic and
school report cards, birth certificates, etc. Both parents may and
lire encouraged to attend school conferences and activities, as
their schedules permit. The FATHER's name shall be listed with the
school, however, it will be MOTHER's primary responsibility to
provide FATHER with copies of report cards and all notifications of
major school events.
(i) Neither parent shall schedule activities or appointments
for the child which would require his attendance or participation
shall not be during the Easter, Thanksgiving or Christmas holidays.
MOTHER shall pr.ovide FATHER with a school cale~dar designating the
school vacation days as soon as she receives it. FATHER shall give
MOTHER written notice of the specific day during which he will
exercise this period of custody within one (1) week of his receipt
of the school calendar from MOTHER;
(iv) in the event that FATHER is unllble to exercise his
period of custody on his alternate weekend due to the illness of
the minor child, FATHER shall have the child the following Thursday
evening from 5:00 p.m. until 8:00 p.m. In the event that FATHER's
work schedule precludes him from exercising his period of custody
on his IIlternate weekend, FATHER shall give MOTHER notice of same
by 8:00 p.m. on the Wednesday prior to his scheduled weekend, and
PATHER shall have the minor child on the Thursday evening following
his regularly scheduled weekend from 5:00 p.m. until 8:00 p.m.
~olidaYs and Special Occasio~
(c) Easter shall be alternated between the parents each year
with FATHER having custody in all even years, beginning in 1996,
from 6:00 p.m. on the Saturday preceding Easter until Easter SundllY
at 6:00 p.m.
When Easter falls on FATHER's alternate weekend, his
period of custody shall begin on the Friday before Easter at 6:00
p.m. until Easter Sunday at 6:00 p.m.
(d) Thanksgiving shall be alternated between the parents each
year with FATHJ::R having custody in all odd years, beginning in
I
1995, from 6:00 p.m. on the Wednesday preceding Thanksgiving until
the Friday after Thanksgiving at 6:00 p.m.
When Thanksgiving falls on FATHER's alternate weekend,
his period of custody shall continue until Sunday at 6:00 p.m.
(e I FATHER shall have Memorial Day each year. When it is
FATHER's weekend, FATHER shall have the minor child from Friday at
6:00 p.m. until Monday at 6:00 p.m.
When it is MOTHER's weekend, FATHER shall have the minor
child from Sunday at 6:00 p.m. until Monday at 6:00 p.m.
(f) MOTHER shall have Labor Day each year from 6:00 p.m. on
the day preceding Labor Day until 5:00 p.m. on Labor Day.
(g) New Year's and the Fourth of July shall be alternated
between the parents each year with FATHBR having New Year's in odd
years beginning in 1995 and MOTHER having the Fourth of July in odd
years beginning in 1995. These holiday hours shall be from 6:00
p.m. the evening before the holiday until 6:00 p.m. the day of the
holiday.
(hI The Christmas holiday shall be divided into two (2)
periods and shall be alternated between the parents each year. The
first period shall be from 6:00 p.m. on December 23rd until 8:00
p.m. on December 24th. The second period shall be from 6:00 p.m. on
December 24th until 6:00 p.m. on December 25th.
llflc:;Lfl:rP I
FATHER shall have the period in 1995 and in all
odd years thereafter.
In addition, FATHER shall have the minor child for one (1) day
dur inq the child I s Christmas vacation each year, beqinning on
ei ther December 27th, December 28th or December 29th, from 6: 00
p.m. until the following day at 6:00 p.m. FATHER shall provide
written notice to MOTHER of the specific day by December 1st.
(i) MOTHER shall have the minor child on Mother's Day
regardless of the usual schedule. When it is FATHER's weekend,
MOTHER shall have the child from 6:00 p.m. Saturday.
(j) FATHBR shall have the minor child on Father's Day,
regardless of the usual schedule. When it is MOTHBR' s weekend,
PATHER shall have tho child from 6:00 p.m. Saturday until 6:00 p.m.
Sunday.
(k) The schedules for all holidays, special occasions and
vacations shall take priority over the regular alternate weekend
schedule.
.I II. TRAK!i!'.QR1A'\,lQ]!
All transportation shall be provided by FATHER or the paternal