HomeMy WebLinkAbout95-03963
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5. Plaintiff has no Information of a custody proceeding concerning the
child pending In a court of this commonwealth.
6. 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 Interest and permanent welfare of the child will be served by
granting the relief requested because:
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(a) Plaintiff has had continuous primary physical custody of the
child since his birth;
(b) The child will be permitted the greatest substantial and
continuing contact with both of his parents by the entry of a decree awarding
custody to Plaintiff;
(c). Plaintiff Is willing and able to provide proper and supervision
for his child;
child.
(d). Plaintiff can provide a stable and loving enviroment for his
8. Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child has been
named as parties to this action.
WHEREFORE. plaintiff respectfully requests this Honorable Court to
grant legal physical custody of the child to Plaintiff with reasonable rights of
partial custody to the Defendant.
R~SPECT~U LV ~UBM91~D:
'a .. ! 9-; YJ
(Gary L gh s e
1.0. No, 91
1350 Fishing Creek Valley Road
Harrisburg, PA 17112
(717) 599 - 5320
ATTORNEV FOR PLAINTIFF
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, IlEFFLEFING~:R , I IN THE COURT OF COMMON
,ROBERT C.
Plaint! 1 1 I PLEAS OF CUMBERLAND
I COUNTY, PENNSYl.VANIA
vs. I
I NO. 95-3963 CIVIL TERM
SARAH J. IlEFFLEFlNGER, I
Du(endant I CUSTODY
AND NOlI, t his "'"
ORDER
day 01 )Q)/Jn ~ ,i 995, upon receipt o( the
appearing that ~rties have agreed to the t.erms
and
,
,lconclliator's report, It
:1
:lprovlsions of this order which was dictated in their presence and approved by them, we
,hereby order as (ollows:
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1. Legal custody of the minor child, Robert C. HeUleflnger, Jr.. born December
:[8, 1992, shall be shared by his mother. the De(endant, Sarah J. He(fle(lnger, and his
',father, the Plaintiff, Robert C. Ileftlet Ingur.
2. The parties will share physical custody of the child with the (ather having
[prillary physical custody at his home and the mother having the (ol1owing periods of
1custody o( the child:
A, Alternating weekends, (rom 5:00 p.m. on Friday until 8:00 p.m. on
Sunday, commencing on Friday, September 22, 1995,
8. One day, Including the overnight, each week on the days when the
mother is not scheduled to work, She will pick the child up at 8:00 a.m. the
day she does not work and return the child at 8:00 a.m. the 1011owin9 day.
C. Over Chrlst.man ll,wh y".lI', trom noon on llecemhcr 24th until 11:00
a.m. on llecember 25t.h and the lathl'1' will t.heu have the child (rom 11:00 a.m,
on December 25th until at least 11:00 a.m. on December 26t.h. The provisions
tor the Chl'intmar. holiday will prevail over other provlr.lllns at thin ord.!r,
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D. On the child's birthday in odd-numbered years tram 8:00 a.m. until
8:00 p,m. In even-numbered years the lather shall have the boyan the boy's
birthday, notwithstanding other provisions at this order.
E. Such hol id,lYS and at. such times on the hOlidays, and summer
vacations, and such schedule lor summer vacations, as the parties may agree.
3. This order is intended to outline the minimum time the mother will have with
the child and the parties may expand the mother's time. or otherwise modify the
schedule set forth herein, by mutual agreement. It the parties are not able to agree
upon any provision of the schedule. they may request a conlerence before the
conciliator and the Court will consider further adjustment
Gary Lysaght, Esquire
Attorney for Plaintiff
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Sarah J. Hefflefinger, pro se
:222 Broad Street, Apt. B
:Highspire, PA 17034
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RonERT C. I/EI'f[,E~'INGF.R . ) IN TilE COURT Of' COMMON
Plaintiff ) PLEAS Of' CUMBERl,AND
) COUNTY, PENNSYI,vANI A
Vli. )
) NO. 95-3963 C I V II, T~;RM
SARAI/ .1. I/Ef'f'LEFINGER. )
Ilcll!udanl ) CUSTODY
. JUDGE PREVIOUSLY ASSIGNED: None INo Jndicial Conflicts)
CONCII,IATOR CONEr-RHNCR SUHlfARY RIlPORT
IN ACCORDANCE WITH CUMBERI,ANIl COUNTY RULE Of' CIVI L PROCEIlURE 1915. 3-B Ib). the
uuders igUed Custody Conc! lialor HUbmitr. lhl! f01l0win'l rl!port:
1. 1'he pertinent iUformation concerning the child who is the subject of this
litigation is aH follows:
NAME
BI RTIIlJAT~
CURRENTLY IN
CUSTollY Of'
Robert C. IIeffll!fluger, Jr.
8 Ilecember 19n
Plaintill/f'ather
:indlviduals were present:
2. A Concili.ltion Conference waH held on 12 September 1995 and the fOllowing
the Plaintiff and hlH attorney, Gary Lysaght, EsqUire; the
i Defendant appeared wi thout counHel.
3. The partieH Wl!re able to agl'l!e upon .1n order which, qenerally, just confirms
,the status quo as they described it to me.
4. The mother was hesitant to haue an order entered because she felt it would
"t.ake away" her custody 01 till! child. I expl.llned t.hat. thlll order would not do that
but would, ratlwr, Ilimply eouCirm whal l.Iwy haUl! I,,!en Iloln'l up to now. I lurther
eXlllainl'd t.o t.he mother t.hat., it Ilhl' lludll the order III unacceptabl.' in the lutUI'l', Ilhe
can pet.ltion the eourl lor a ehanlJ'" Wlt.h that l!xplaniltion, Illll! aqreed 10 the lerrnll of
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the ordl!r whleh W.lll dict.lted iu her prl!lleUce .lud in thl! 11I'l!IWUel' 01 thp lather.
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ROBERT C. HEPPLEPINGER, I IN THE COURT OP COMMON
plainti ff I PLEAS OP CUMBERLAND
I COUNTY, PENNSYINANIA
vs. I
I NO. 95-3963 CIVIL TERM
SARAH J. HEPPLEPINGER, I
Defendant I CUSTODY
ORDn
AND NOlI, this
day of
, 1995, upon receipt of the
conciliator's report, it appearing that the parties have agreed to the terms and
provisions of this order which was dictated in their presence and approved by them, we
hereby order as follows:
1. Legal custody of the minor child, Robert C. Hefflefinger, Jr., born Dece.ber
8, 1992, shall be shared by his mother, the Defendant, Sarah J. Hefflefinger, and his
father, the plaintiff, Robert C. Hefflefingcr.
2. The parties will share physical custody of the child with the father having
pril1lary physical custody at his home and the mother having the following periods of
custody of the child:
A. Alternating weekends, from 5:00 p.m. on Friday until 8:00 p.m. on
Sunday, commencing on Priday, September 22, 1995.
B. One day, including the overnight, each week on the days when the
mother is not scheduled to work. She will pick the child up at 8:00 a.m. the
day she does not work and return the child at S:OO a.m. the following day.
C. Over christmas each year, from noon on December 24th until 11:00
a.m. on December 25th and the father will then have the child from 11:00 a.m.
on December 25th until at least 11 :00 a.m. on December 26th. The provisions
for the Christmas holiday will prevail over other provisions of this order.
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