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IN TilE ('OURT OF ('OMMON PWAS
(IF ('W.IIlI~RI.^NI) ('O\INTY, PENNSYI.V ANIA
D^ vm D. IWIIART,
I'luintill'
NO: fi'f. 31L; (A-v<.-( -I(~,,,,
v.
1'1.0 E. DEII/\RT.
Civil Acllnn . Cuslod)'
Dclcmlunl
COMI'LAIN'I' !'OR ClJSTOI)\'
ANI) NO'" comcs Pluimiff. David D, Dcllan. hy his UlloI'l1C)'. Kuth)' M,
Shughurt, uud IiIcs lhis (\lInplaint. bascd upon thc lillhl\\ing:
I. Plainliff. David D, Dcllan. bol'l1 Octobcr J. 19S7. is un uduh individuul
rcsiding at 16 Mounlain Vicll' Tcrracc. Ncwvillc. ('u1l1hcrland County, Pcnns)'lvaniu.
2, Dclcndant. 1'101:, llellar!. bllln t\lay IS. 19S9, is an adult imli\'iduul
whosc last known addrcss is 164(, Ncwvillc Road. Ncwvillc, Cumbcrland ('ount)'.
Pcnns)'lvuniu,
3, Pluintilf uml Dclcndant, limncrl)' hnsband and lI'ilc. scparatcd in August
19M9 und wcrc dil'llrccd on or about Junc 24. 1994,
4, Plaintilfsccks to con linn primary custody ofShalln Da\id Dellart. horn
Novcmbcr 24, 19M5, Plaintiff is thc nalurallitlhcr of thc child ami Dclcndant is thc
naturalmothcr ofthc child, Thc child was not bOl'lllllllofwcdlock, Thc child is
currcntly inthc custody of Plainlilf pursuanlto a Slipulation allll,\grl'c1l1cnt IiII' ('ustOlly
and Partiul ('ustody datcd January 30. !')lIO thcrcinalicr rclcrrcd to us "Agrccmcnt" und
uHuchcd us hhihit "A",)
S, During thc pasllivc ycars. thc child has rl'sidcd II ith till' lill10wing pcrsuus
und ntthc lillloll'ing uddrcsscs:
Pluintiff 16 Mountuin Viell' Tcrrncc M/M9 . prcscnt
NCII'villc.P^
(I. Plnilllill' has 11111 parlicipah:d as a party Ill' a lIill1\:ss,lIr ill nnlllh.:r .:npacily.
illulh.:r litigntiulI.:unccrning thc cnstlldy IIl'th.: .:hild ill this Ill' nnllth.:r court.
Plnintill'has nu inllll'lllatillnlll'n cusludy procccdillg cOllccrning Ihc child
pcnding in n .:uurt Ill' Ihis l'lImnHlll\\.:alth,
Plnilllilr dll':s nllt knilli' 01' n p.:rsonlllll purty IlIlhe procecdings II'ho hns physicnl
custlllly ul' th.: .:hild Ill' claims to hul'': cnslody or I'isitnlilln righls lI'ilh r.:spcct loth.:
child,
7, Eudl parcnt II'lms.: par.:nlul rights to tl1\: child haw 1101 he.:nl.:nnillnted
nlllllh.: perslln whll has physicall'uslmly ul' Ihe child huw heellnum.:d ns parties III this
uction,
H, Tlw h.:sl inl.:r.:sl allll permanelllllcllllr.: Ill' Ihe child II ill he serl'.:d hy
gmntillg the rclid'r':ljucsted IIII' the Illl1oll'llIg reaSllllS:
a, The child hns Iin~d lI'ilh PlnintilT. Ihe 1Ii1lurullhlher. sin.:e Ihe
purents' sepurntiulI und divurcc nnd Illlh.:r has h.:.:nlhe primury curdnk.:r Ill' Ihe .:hild.
h, Plnintill: the thlh.:r, provid.:s 11 snle hom.: nlld n stnhl.: nnd loving
.:nvironmentlllr Ihc child,
.:, The .:hild desires 10 remain in the custody 01' Plnilllill'. the Ihther,
d, The visitntion schedule sellllrth inlhe Agreem.:nl is no long.:r ill
th.: hest illteresls 01' Ihe child,
d, Primmy cuslody 01' Ihe child wilh I'lailllill should he conlirm.:d hy
nu Order or Court.
WIIEltEFOIUo:. Plailllilrreljuests Yllm hllnornhl.: ('lIurllll gmlll him cnslody 01'
th.: millOI' child,
l{espec.II\i1ly suhmill!:d. '
"I,d" J I),. (.~.,/I., ,V
KntllY M Shugharl
^"orney Illr Plaillli 1'1'
I',n. Box (,J 15
5440 .Ioll.:slolln Rllnd
Ilnrrishurg.I',\ 1711~.mI5
Suprl'm.: ('lIurt I/W771)
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her attorney,
, Esquire, and do
STIPULATION AND AGREEMENT
FOR CUSTODY AND PARTIAL CUSTODY
COMES NOW, DAVID D. DEIlART, by and through his attorney,
Arthur T. McDermott, Esquit-e, and FLO E. DEIIART, by and through
stipulate and agree upon the followingl
1. DAVID D. DEIIART is an adult individual whose residence
is R.D. #4, Box 189, Lot No. 16, Newville, Cumberland County,
Pennsylvania, 17241.
2. FtO E. DEHART is an adult individual whose residence is
51 Carlisle Road, Apt. #2, Newville, Cumberland County,
Pennsylvania 17241.
2. DAVID D. DEHART and FLO E. DEHART were married on June
IS, 1985 and ara the natural parents of a minor child, Shawn
David DeHart, born November 24, 1985.
3. Primary physical custody of the minor child, Shawn David
DeHart, shall be placed in the father, DAVID D. DEHART.
4. The parties shall have shared legal custody of the minor
child, Shawn David Dellart.
5. The mother, FLO E. DEHART, shall have certain rights of
partial custody of the minor child. Nother shall have the child
every other weekend beginning Friday, January 26, 1990 at 7100
p.m until the the following Sunnay, January 28, 1990 at 8100
p.m., and shall have the minor child on alternating weekends
thoreafter for the BBme days and hours. These times are to be
modifiable at tha c()nvellience of the parti.es to renect each
party's employment schedule.
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6. Father shall IH1V" cllstody or tho minol' child on Fath",,':;
Da)'. ~Iother shall have custody of the minor child on Nother's
Day.
7. Mother shall have partial custody of the minor child on
alternating holidays beginning with Thanksgiving Do)', 1990, from
8:00 p.m. the evening prior to the holiday until 1:00 p.m. on the
holiday. The holidays shall be New Year's Day, Valentine's Day,
Easter, Memorial Day, July 4th, Labor Day, Halloween, and
Thanksgiving.
B. Mother shall have partial custody of the minor child on
each birthday from 1:00 p.m. until 8: 00 p.m. on each birthday
commencing 1990.
9. Christmas custody shall alternate from year to year with
the mother having custody on Christmas 1990 from 8:00 p.m. on
December 21 stun tit 12: 00 noon on December 25 th.
Father shall
have custody until 12:00 noon in 1991. This alternating pattern
shall continue until further Order of Court or Agreement.
10. Mother shall have partial custody of the minor child at
other times as may be mutually agreed upon between the parties.
11. Father shall not unreasonably withhold rights of
visitation or temporary custody.
12. ~Iother
shall
be
responsible
for
transportation
arrangements to and from partial custody unless otherwise
mutually agreed upon by mother and father. Mother shall notify
husband when she cannot conform to the schedule.
13. Mother shall have partial custody of the minor child
for a period of not less than four (4) weeks per year, in one or
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DAVID D. DeIlAR'I', : IN '!'IIE COUll'!' 01' coor-ION PLEAS OF
plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
VS. : NO. 95-3183 CIVIL TERM
:
no E. DeIlART, : CIVIL ACTION
Defendant : IN cuSroDY
OODER QIo' <XXJRT
AND tOol, this to(t,day of A...!tu~( ,
the attached Custody Conciliation Report, it is
as follows:
1995, upon consideration of
hereby ordered and directed
,-
I. A lIearing is scheduled in Courtroom Number.'i of the
Cumberland County Court 1I0use, on the /(.I.~ day of t " (:,I'e , 1995,
at A" ("(' 'I .m., at which time testimony will be taken in the above case.
At this /leadng, the Father, David D. De/lart, shall be the mOVing party and
ahall proceed initially with testimony. Counsel for each party shall file a
memorandum with the Court setting fOJ:th each party's position with J:espect
to custody and also setting forth a list of each witness who will be called
to testify at the Hearing along with a sunmary of the anticipated testimony
of each witness. 'I'his memorandum shall be filed with the COUJ:t and opposing
counsel at least ten (10) days pdor to the scheduled Hearing date.
2. Pdor to the Headng scheduled above, the parties shall submit
themselvea and their minor Child to a custody evaluation to be performed by
Arnold T. Shienvold. Dr. Shienvold shall be an independent evaluator and
ahall perfor:m this evaluation for purposes of rendedng an opinion on the
custody issues that have adsen between the parties. Costs for this
evaluation shall be shared equally by the parties.
3. Pending further Order of this Court or agreement of the parties,
the provisions of the parties' Stipulation and Agreement for Custody and
Partial Custody executed on January 30, 1990 are hereby incorporated into
this OrdeJ: for purposes of temporary custody arrangements with the following
modifications and additions:
A. 'I'he Mother shall have partial custody of the Child on alternating
weekends as stated in the Stipulation from I'd day at 7:00 p.m.
until the following Sunday at B:OO p.m. until the school year
begins at which time the weekend custody shall end on the
alternating Sundays at 6:00 p.m. 'I'he alternating weekend schedule
shall begin with the Mother having custody on August 11, 1995.
B. In addition to the periods provided in the StipUlation, the Mother
ehall enjoy physical custody of the Child from Wednesday, August
23, 1995 at 6:30 p.m. until Saturday, August 26, 1995 at 6:00 p.m.
C. The place of e~change for purposes of transfedng custody under
this Order shall take place at the (o'ather's residence in Newville.
O. At the cOlTlOOncement of the echool year, the ~'ather shall continue
to reside with the Child at the residence located at 16 Mountain
View Terrace, Nowville, cumberland county, Pennsylvania. The
Father shall provide i1T1oodiate notico to the Mother of any offer he
receives for sale of the residence. '!'he Father shall not execute a
sales agreement for sale of the residence until four (4) days hsve
elapsed from the date Notice is provided to the Mother. The Mother
agrees to pay Two Hundred ($200.00) Dollars per month to the Father
on or before the 15th day of each month beginning August 1995
pending hearing in this matter to enable the Father to maintain the
residence pursuant to this Order.
E. The Father ehall be responsible to insure that care for the Child
is provided by a responsible person and the Father shall advise
the Mother in advance of all periods during which neithor the
Father nor the paternal grandmother are able to care for the Child.
4. This Order is entered pursuant to an Agreement reached by the
parties at a custody conciliation Conference. The temporary custody
arrangemente set forth in this matter may be modified by mutual agreement of
the parties. In the absence of mutual agreement, the Custody arrangements
eet forth and incorporated into this Order shall control.
BY TilE COURT,
CCI Kathy M. Shughart, Eequire
carol J. Lindsay, Esquire
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PlaintifC
IN 'rilE COUIl'1' 01' CO'1MON PLEIIS OF
CUMBEIlLANO COUNTy, PENNSYLVANIA
vs.
NO. 95-3183
CIVIL TERM
FLO E. llellART,
Defendant
CIVIL ACTION
IN CUSTODY
cusrouy CXB:lI.IATIOO SlIIIl\IlY RElWl'
IN ACXXRDI\NCB WITII CIJIUlERLI\NU UUfl'Y IUlLB OF CIVIL (>OOi"",jlRB
1915.3-8, the underalgned Custcxly Conciliator submits the following reportl
1. The pertinent Information pertaining to the Child who is the
subject oC this litigation is as Collows:
NAME
BIRTIlDATE
CURRENTLY IN CUSTODY OF
Shawn David DeHart
November 24, 1985
Father/Plaintiff
2. A Conciliation Conference was held on August 1, 1995, with the
following individuals in attendance:
The Father, David D. Dellart, with his counsel, Kathy M. Shughart,
Esquire and the Mother, ~'lo E. Dellart, with her counsel, Carol .1. Lindsay,
Eequire.
3. 1'he parties entered into a stipulation and Agreement for Custcxly
and Partial Custody on January 30, 1990. The AgJ:eement provides that the
parties shall have shared legal custody of the Child and the Father shall
have primary physical custcxly. Specific partial physical custcxly
arrangements for tho Mother are designated in the Stipulation. The
stipulation was never Ciled or entered as a Court Order. The Father
initiated these custody pwceedings in an attempt to reduce the Mother's
pericxls of partial custody as stated in the Stipulation.
4. 1'he Father expressed his dissatisCaction with the Custcxly
Stipulation baeed on the Child's expressed preferences and the Father's
belief that the Mother or her fiance' have been speaking denJgatorily of the
Father in the Child's presence. 'I'he Father requested sole legal custody due
to his concern Cor a lack of cooperation on the Mother's part.
5. 1'he Mother expressed concern that the Father had been routinely
leaving the Child alone during his working hours. 1'he Mother's primary
concern was that the Father' had moved wi th the Chi Id to the paternal
grandmotheJ:'s home In Ilarrisbun] without prior notice to her. 'I'he Mother's
concerns in this regard Cocused on the school system and generlll environment
for the Child lit the paternlll grllndll>Jther's residence.
6. As the parties were unahle to agree on primary custcxly arrangements
Cor the Child, a Iloaring will be necessary in thin matter. lIowever, in
preparat Ion for the lIellrln,], the parties did Ilgree to obtain a custcxly
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IN THE a:xJRT OF CGIMON PLEAS OF
CUMBERLAND COONTY, PENNSYLVANIA
NO. 95-3183 CIVIL TERM
CIVIL ACTIOO - LAW
CUSTODY
o ,[1~~1,~RWsrrOlNi'l
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DAVID D. De IlART,
Plaintiff
va.
FLO E. De HART,
Defendant
---_..
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cusroDY cctlCILIATIOO
SlJIotlARY REPORT
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DAVID D. De IIAIl'I',
Plaint iff
IN 'I'IIE COUll'!, at" Ca-tMON PLEAS Ot"
CUMIJEIlLANIl caJtr!'Y, PENNSYI,VANIA
vs.
NO. 95-3183
CIVIL 1'EIlM
t"LO E. De HART,
Defendant
CIVIL AC'I'ION - LAW
CUSmDY
CUSTODY CONCILIATION SUMMAIlY REPORT
IN Ar:xDUlANCE WITlI ClJIlBmLAND ro.tfl'Y IlULE OF CIVIL IWn'nlRB
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The peJ:tinent information pertaining to tho Child who is the
subject of this litigation is as follows:
NAME
BIIlTIJDATE
CURRENTLY IN CUSTODY Dt"
Shawn David De lIart
November 24, 1985
Father/Plsintiff
2. An initial Concilistion Conference was held on August I, 1995,
during which the partiea agreed to obtain a custody evaluation and aleo
agreed on temporary custody arrangements pending Hearing of the matter.
Judge Oler entered an Order reflecting the temporary custody arrsngements
and scheduled a Hearing for November, 1995. Prior to the scheduled Hearing,
the parties contacted the conciliator and requested an additional Conference
in a final attempt to resolve all issues prior to lIearing.
3.
with the
with his
with her
The second Conciliation Conference was held on October
following individuals in attendance: the Father, David D.
counsel, Kathy M. Shughart, Esquire and the Mothor, Flo E.
counsel, Carol J. Lindsay, EsqUire.
31, 1995
De Hart,
De Hart,
4. Although the paJ:ties made much progress toward a Custody Agreement,
they were unable to resolve all iesues during the allotted time for the
Conference. Subsequent to the Conference, Carol Lindsay, counsel for the
Mother, notified the ConciliatoJ: that the parties had been able to reach an
agreement and would be submitting a stipulation to the Court for entry as an
Order. Therefor, a third Conciliation Conference would not be necessary.
5. Therefor, it is not neceasary at this time for tho Conciliator to
submit a proposed Order in this matter. Pending presentation by the parties
of a Stipulation to the Court, this Court I s Order dated August 10, 1995
would remain in effect.
cc:
Carol J.
Kathy M.
"elL" 'H~~,.,,-d!&.,
Dawn s. Sunday, Esquire
Custody Conciliator
Lindsay, Esquire .'.:/'11 ~ t.J I~ ?J
shughsrt, Esquire, (~II<.;./1I I-'/f l"r
I ~ t ?z)-
I~ al~l'l
Date
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND coum'Y, PENNSYLVANIA
NO. 95-3183 CIVIL TERM
CIVIL ACTION - CUSTODY
DAVID D. DEHART,
Plaintiff
va.
FLO E. DEHART,
Defendant
CUSTODY CONCILIATION
SUMMARY REPORT
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Mrlhonlabu.g, rA 170M
DAVID D. DEHART,
Plaintiff
IN 'l'HE COURT m' COOMON PLEAS m'
CUMBERLAND COUNTy, PENNSYLVANIA
vs.
NO. 95-3183
CIVIL 'rERM
FLO E. DEHART,
CIVIL ACTION - LAW
CUSTODY/VISITATION
Defendant
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atIlI!R Of' (XXJRT
lliL.
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Concil ation
J\ND 1<<*, this
upon consideration of the attached
ordered and directed ae follows:
day of
Custody
, 1996,
Report, it is
1. A Hearing is scheduled in Court Room No. S- of the
Cumberland County Court House, on the q,~A day of all_~..J.f ,
1996, at /. 3" L.m. At the Hearing, tne Mother ehall be e moving party
and shall 'proceed initially with testimony. Counsel for the partieD shall
file with the Court and opposing counsel a memorandum setting forth each
party'e position on custody and also setting forth a list of witnesses who
will be called to testify at the Hearing along with a sUlTl1\Bry of the
anticipated teatimony of each witness.
3. Pending further order of this Court or agreement of the partiea,
the Mother, Flo E. DeHart, and the Father, David D. Deflart, shall have
shared legal custody of Shawn David DeHart, born Novenber 24, 1985. The
Father shall have primary phyaical custody of the Child.
4. The Mother shall have partial physical custody of the Child on
alternating weekends from Friday after work at approximately 5130 p.m. until
the following Sunday evening at 6100 p.m. On weekends when there is no
school on the following Monday, the return timo for exchange of custody
shall be 8:00 p.m. Pending flearing in this matter, the Mother shall have
custody of the Child on July 4th from 9100 a.m. until 9100 p.m. The Mother
shall have custody of the Child on Mother's Day from 9100 a.m. until 6100
p.m. and the Father shall have custody of the Child on Father's Day from
9:00 a.m. until 6100 p.m. 'rhe party who otherwiso has custody of the Child
on Easter weekend shall have custody of the Child on ~;aster Sunday.
5. Also pending the fleering, the Mother shall have custody of the
Child from July 12, 1996 through ,July 20, 1996 for purposes of aUl111lllr
vacation.
6. 'rhe party receiving custody under tho provisions of this DJ:der
shall pJ:ovide trnn,9portation for tho e~change of custody.
7. The parties may modify the provisions of this Order by mutual
agreement. In the absence of mutusl agreoment. the terms of this Order
shall control.
BY THE COURT,
CCI
Kathy M. Shughart. Eequire - C",,j,u
Carol J. Lindsay, Esquire U
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plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DA V 10 D. DEflAR'l',
vs.
NO. 95-3183
CIVIL 'l'ERM
Defendant
CIVIL ACTION - LAW
IN CUSTODY
FLO E. DEflART,
PRIOO JUDGE: J. Wesley oler
CUSTODY <XH:ILIATIOO &MMJ\RY REPOOT
IN ACXDUlANCE wrm <nlBERLAND ro.tn'Y RULE OF CIVIL PRO 'KII(JRB
1915.3-8, the undersigned Custody conciliator submits the following report:
1. The relevant information pertaining to the Child who is the subject
of this litigation is as follows:
NAME
BIRTflDATE
CURRENTLY IN CUSTODY OF
Shawn David DeHart
November 24, 1985
Plaintiff/Father
2. The initial Conciliation Conference was held in this matter on
August I, 1995. The parties were unable to reach an agroement on custody
and a Hearing was scheduled for october. Subsequently, the parties canceled
the Hearing believing that the cuetody issues could be resolved in a second
Conciliation Conference. The second Conference was held on October 31, 1995
at which time the parties made much progress toward an Agreement, continued
negotiations after the Conference, and notified the Conciliator that an
Agreement had been prepared and wae expected to be signed by the parties.
The parties were unable to agree on certain details of the Agreement and a
third Custody Conciliation Conference was held on March 27, 1996. The
following individuals were present at the Conferenco: The Father, David D.
DeHart. with his counsel. Kathy M. Shughart, Esquire and the Mother. Flo E.
DeHart, with her counsel, Carol J. Lindsay, Esquire.
3. Although the parties initially were able to agree on a detailed
basic custody schedule. inclUding holiday custody arrangements. the parties
were unable to resolve their differences concerning transpoJ:tation. sUlll1lOr
vacation, and custody of the child during the Father's extended periods of
employment. Therefore. a flearing will be necessary in this matter.
4. The Mother's position on custody is as follows: The Father livee
in the Colonial Park area and the Mother Ii ves in Perry County near
sterretts Gap. 'l'he Mother has been providing all of the tranapoJ:tation for
exchanges of cuetody and believes the Father should share this
responsibility. The Mother understands that the Father is frequently
unavailable due to his employment at times of custody exchange. She
proposed a few altematives to resolvo the Issue. inclUding exchanges of
custody at her office In Mechanlcsburg. (which Is closer to the Father'e
residence) or an arrangement wheJ:eby the Mother would retum the Child to
the Father's residence on Monday morning before school rather than the
preceding sunday evening. In addition, the Mother would like to have up to
four (4) weeks of custody with tho Child each year, two of which would be
taken dudng her vacation time from work. 'rhe Mother has made plans to take
the Child to Montana to visit his maternal grandfather from July 12 through
July 28, 1996. The Mother also believes she should have the opportunity to
have custody of the Child during extended periods when the ~'athor is
unavailable due to hiB employment during his regularly Bcheduled periodB of
cUBtody.
5. The Father'B poBition on cUBtody is as followB: The Father Beemed
to agree that he would provide tranBportation if he were able but Btated
that he iB not available at timeB of cUBtody e~change due to his employment.
The Father waB not receptive to altemativeB propoBed at the Conference to
resolve the transportation issue. 1'he Father indicated that he would epeak
to his mother about possibly driving to a halfway point for Borne exchanges
of custody. As to the Mother's proposal for vacation custody, the Father
etated that he would not allow the Child to travel to Montana with the
Mother to vieit his matemal grandfather. The Father was aleo not willing
to agree to the Mother's proposal that she have custody of the Child on any
holidays on which the Father was scheduled to have cUBtody but would be
unavailable due to his employment. Whc!I1 questioned as to his concerns in
this regard, the Father stated that he has custody of the Child and has
already given the Mother a sufficient amount of time with the Child. The
FatheJ: indicated that he does not want the Mother to have more periods of
holiday custody than he does irrespective of his avsilability on his
echeduled holidays.
6. A Hearing will be necessary in this matter which should require
approximately one-half day. The Conciliator has exhausted all efforte to
resolve the remaining issues in dispute in this matter and believes that
further conciliation will not be effective ae long as the Father continues
to feel that the Mother I s custody rights depend upon his approval. The
Conciliator recommends an Order in the form ae attached.
l-fp u:J!
Date
/ , J 9 9C/
,
C~-JJ~~v~
Dawn S. Sunday, Esquire .
Custody Conciliator
d:\dchut\.'II,ulalhm,nIU file' "'ltV}~.I""11
DAVID D. DeHART,
Plaintiff/Respondent
VS.
FLO E. DeHART,
Defendant/petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3183 CIVIL TERM
CIVIL ACTION - CUSTODY
IN CUSTODY
AND NOW this
~ 0 tl.,
day of
r\I1"1
, 1996,
upon consideration of the within Stipulation of Counsel, this Court's Order of April 9, 1996 Is
amended so that substituted for Paragraph 6 therein is the following provision:
Mofher shall provide fransportaflon for periods of partial cusfody.
IN ALL other respects, this Court's Order of April 9, 1996 shall remain In full force and effect
pending a hearing.
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d:\okhl"\lI'pullt'''.,,,,u 01" 47:V,"IHIII
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95.3183 CIVIL TERM
CIVIL ACTION. CUSTODY
DAVID D. DeHART,
Plaintiff/Respondent
FLO E. DeHART,
Defendant/Petitioner
IN CUSTODY
Counsel for the parties hereto stipulate as follows:
1. On April 9, 1996, pursuant to a Custody Conciliation Summary Report, the Court of
Common Pleas of Cumberland County entered an Order, according to the terms of which, Inter
aI/a, "The party receiving custody under the provisions of this Order shal/ provide transportation
for the exchange of custody. "
2, In consideration of Plaintiff David D. Dehart withdrawing his action for support filed
In Dauphin County, and heard In Perry County to the No. DR 96-006, Flo E. Allen, formerly Flo E.
Dehart, has agreed to provide transportation for periods of partial custody with tha child, Shawn
David Dehart.
3. The Court's Order of April 9, 1996 shall be amended to give effect to modify
Paragraph 6 thereof to read, "Mother shall provide transportation for periods of partlaf custody."
>(,1 I,. \ ! r\. \,," ,)
Kathy M. Shughart, bqUire
Counsel for Plaintiff
Carol J, Lindsay, Esquire
Counsel for Defendant
Date:
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VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95.3183 CIVIL TERM
CIVIL ACTION. CUSTODY
DAVID D. DeHART,
Plalntlff/Respondent
FLO E. DeHART,
Defendant/Petitioner
IN CUSTODY
QfIDfR..Qf COURI
AND now this '71L day of ~_, 1996, upon consideration of
the within Petition for General Continuance, a general continuance In the captioned case Is hereby
granted,
By the Court,
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Plaintiff
: INTI IE COURT OF COMMON I)LEAS
: 01; CUMIlERLAND COUNTY,
: PENNSYLVANIA
v.
FLO E. ALLEN Ikll
"'LO E. llellAIU.
Dcfcndant
: NO: 95-3183
: Civil Action - Custody
STIPULATION FOIl CUSTOI)V OIUn:ll
.' I' "
TillS STIPULATION is madc this ~ day of 11'" 11l\J./
199;' by and bctwccn, FLO E. ALLEN, f01111er1y known as FLO E. DcHART,
hcreinaftcr rcferrcd to as "Mothcr," and DA VI[) D, DcIIART. hercinallcr rcferred to as
"Falhcr, "
WIIEREAS. Mother and Fathcr arc the nalura) parcnts of a minor child. Shawn
David Dellarl, born Novcmber 24. )1)85; and
WIIEREAS, Mothcr and Father attcnded tI Concilialion Conferencc on October
31,1995;and
WIIEREAS, the partics desirc 10 acl in the hest interest of thc minor child: und
WIIEREAS, the pUl1ies desirc 10 settle tlnd resolvc thc ljueslions of custody of the
minor child;
NOW TIIEREFORE, it is agreed lInd stipulaled by the partics as III II Oil'S:
), Thc partics shall sharc legal cuslody,
2, Primary physical custody shall he with David D, Dellart (hcrcinllllcr "Father",)
3, Flo E, Allcn, (hereinllller "Mother") shall havc rights ufpartial physicul custody
on altcrnating weckends from Friduy al 5:)0 P,I11.. or uller wurk, until Sunduy ul 6:00
p,m, During the suml11er. non-schooll11onths. the Sunday time may he cxtcnded to 8:00
1',111, This sehedulc shall commencc with Augusl'}. )I)l)h,
4. Thwlksllivinll. Thanksgiving shullulways bc with Futhcr, Muthcr shull hu\'c thc
child frolll 9:00 a,m. unthc Friday Ihilowing '111l1nksgiviug to Sundu)' ut 6:00 p,m,
Mother shall provide trWlsportution unthc Friday, '111ls schcdulc shall supcrscde the
ultcllluting weekcnd schcdulc, sothut in somc years Muthcr will huvc thrcc consecutivc
weekends, 111ls schedulc shull commencc in 1996.
5. Christmas, Christmus shall bc dividcd into two scgmcnts, Scgmcnt "A" shull be
from noon ou December 24 to 1:00 p.IIl. on Decembcr 25, Scgmcnt "n" shall bc from
1 :00 p,m, on December 25 to 7:00 p.m, on Decembcr 26, In even numbcrcd years,
Mother sholl have segment "A" Wld in odd numbered )'cars, Mother shail have segment
"B". In even numbered ycars, Father shall have segment "n" ami in odd numbcred years
Father shall have segment" A", This schcdule shail commence in 1996 with Mother
having Segment "A."
6. Holidays, In even numbered years, Mother sholl have Ncw Ycars Day Wld the
Fourth of July. In odd numbered years, Mother shall hove Mcmorlal Day and Labor
Day. In evcn numbered years, Father shall have Memorial Day Wld Labor Day Wld in
odd numbered years Father shall have New Years Day Wld thc Fourth of July. Holidays
shall supersede the alternating weekcnd schedule set forth In paragraph 3. Holidays shali
be from 9:00 a.m, to 6:00 p.m. The purties agree that Easter shali bc detennined by the
alternating weekend schedule sct forth in pumgmph 3.
7. Mother's Day/Father's Day. Mother shall always have Mother's Day and Father
shali always have Father's Day from 9:00 a.m, to 6:00 p.m. 111is shall supersede the
altemating weekend schedule set forth in paragraph 3,
8. Vacation, Mother shall be entitled to up to four weeks in thc summer, provided
that Mother have four weeks of vacation from work. It is understood by the parties that at
the present time Mother only has two weeks vacation from work, and thus, will only be
using two weeks, Mother shali provide written notice to Father by March I of cach year
of the weeks which she desircs to use. Mothcr shall provide Father with the destination
III1d address of III1Y such vacation.
2
ReCEIVED
SEP '7 1996
Ans.d............
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9. 'l'rnnspnrtutiun. It shull hc Mnthcr's rcspnnsihility In prnvlde transpnrtullnnlilr
her visits with the child inllccnrdllnce with thc tcrms nf thc (lnler nf Cnnrt dalcd May 21l,
1996.
10. Euch parly is enlitlcd In reasnnuhle Ielcphonc contucl wilh thc child whcn hc is in
thc custody nf thc othcr parcnt.
11. Each party is furthcr directcd tn rcrruin Ihull milking uny ncgutivc or dispuruging
rClllurks rcgurding thc nther, eithcr In the child llr in Ihe prcscnce or thc child.
12. Thc partics hcrcby wuivc thc reqnircmcntnf Rule 1915.7 rcqucsting that thcy and
thc minor child be present hcrorc thc Court 10 prescnt this Stipulution and furthcr intend
this Stipulation bc cntcrcd as an Ordcr of thc COUl1 of Common !'Iclls or Cumberland
County, Pcnnsylvania, subject to mndifications us provided by la\\'.
13. Thc purtics ucknowlcdgc lhat ull huvc sought ur havc bccn adviscd of their right to
scck indcpcndcnt Icgal counscl. The parties acknowledgc thut!'luintiff. David D. DeHIll'I.
is reprcscnted hy Kathy M. Shughurt, Esquire. nnd Dcfcndant. 1'10 E. Dellart, is
reprcscnted by Curol j. Llndsuy. Esquire.
14. This Stipulation shall superscdc any und ull othcr Agrecments or Slipulutions
concerning custody nnd visitation of suid minor child which muy huvc bccn mudc
heretoforc.
WITNESS our hand nnd scal the day and ycnr firs! nbovc wrillen.
WITNESS:l
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1'10 E. Allen
3