HomeMy WebLinkAbout95-06059
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JESSICA BERRY,
Plaintiff
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I C}S-r.
I NO. 0.05Q CIVIL m5
I
I IN CUSTODY
v.
ROBERT BERRY,
Defendant
CUSTODY ORDER
DD liON, this
.20'" day of
,
1995, upon
()v.. " uc.
agreement and stipulation of the parties, the following is hereby
ordered and decreed, with respect to the minor child, Tyler H.
Berry, born August 9, 1994.
1. The parties shall share legal and physical custody.
2. The exchanges of physical custody are to take place as
follows I The child, Tyler M. Berry, shall be in the physical care
of mother, Jessica Berry, with the exception of the following time
periods I
a. every other week for a period of three days, so long
as father, Robert Berry, providee at least 48 hours advance notice
:
of the three day time frame. The first week of thie alternating
schedule begins the week of October 30, 1995;
b. during thoee times that mother is at work or attending
classes, with the exception of Wednssdays, the child shall be with
father or with father's mother, Doreen Berry;
c. the holiday schedule shall provide for the following
alternating holidayul
i;
New Years
Easter
Memorial Day
I'
i!
Fourth of July
Child's Birthday
Labor Day
Thanksgiving
Christmas Eve
Christmas Day
d. The schedule will begin alternating holidays with the
fathsr exercising custody on Thanksgiving 1995.
e. The Christmas schedule will alternate from year to
year with one parent having Christmas Eve from 5100 p.m. to
Christmas morning at 11100 a.m., and the other parent having
Christmas day from 11100 a.m. to 8100 p.m. Ths Christmas 1995
schedule will begin with mother having care of the child on the
Christmas Eve time frame. Holiday schedules will take precedence
over regularly scheduled visits.
f. Except as described above for the Christmas holiday,
the time either party exercises their holiday schedule shall be
from 10100 a.m. to 8100 p.m.
3. The parties may mutually agree to times of physical
custody other than those provided for in this Order.
4. The parties will make every effort to encourage a positive
relationship with the other parent and will not make disparaging
remarks about the other parent in the presence of the child.
By the Court,
--0~' A..d-
/ J.
c. the holiday achedule ahall provide for the following
alternating holidayal
New Yeare
Eaeter
Memorial Day
Fourth of July
Child'e Birthday
Labor Day
Thankegiving
Chrietmae Eve
Chrietmae Day
d. The echedule will begin alternating holidaye with the
father exercieing cuetody on Thankegiving 1995.
e. The Chrietmae echedule will alternate from year to
year with one parent having Chrietmae Eve from 5100 p.m. to
Chrietmae morning at 11100 a.m., and the other parent having
Chrietmae day from 11:00 a.m. to 8:00 p.m. The Chrietmae 1995
echedule will begin with mother having care of the child on the
Chrietmae Eve time frame. Holiday echedulee will take precedence
over regularly echeduled vieita.
f. Except ae deecribed above for the Chrietmae holiday,
the time either party exercieee their holiday echedule ehall be
from 10100 a.m. to 8100 p.m.
2. The partiee may mutually agree to timee of phyeical
cuetody other than thoee provided for in thie Order.
4. The partiee will make every effort to encourage a poeitive
relationehip with the other parent and will not make diaparaging
remarke about the other parent in the preeence of the child.
5. The Defendant acknowledgee that he hae accepted aervice of
the Cuetody Complaint and that he hae received a copy of thie
Conaent Agreement and propoeed Order.
JESSICA BERRY, I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 9s (,OS'? 1?r"...
I CIVIL ~
ROBERT BERRY, I
Defendant I IN CUSTODY
CUSTODY COMPLAINT
1. The Plaintiff ia Jessica Berry, residing at 1205
Trindle Road, Carlisle, Cumberland County, PA, 17013.
2. The Defendant is Robert Berry, residing at 33 Valley
Street, Carlisle, Cumberland County, PA, 17013.
3. The Plaintiff and Defendant have agreed to a custody
arrangement for their son, Tyler M. Berry.
4. The child was not born out of wedlock.
5.
The child is presently in the custody of the
Plaintiff.
6. Since his birth on August 9, 1994, to October 1994,
the child resided with Plaintiff, Jessica Berry, with Defendant,
Robert Berry, with William and Doreen Berry and Ken Berry, at 33
Valley Street, Carliele, Cumberland County, PA, 17013.
From October 1994 to October 18, 1995, the child resided
with Plaintiff, Jessica Berry and at times with Defendant, Robert
Berry, at 3101 Spring Road, Carlisle, Cumberland County, PA, 17013.
From October 18, 1995 to the present, the child has been
residing with Plaintiff, Jessica Berry, and Plaintiff's parents at
1205 Trindle Road, Carliole, Cumberland County, PA, 17013.
Plaintiff, the mother of the child, io married.
The father of the child io the Defendant, Robert Berry.
He iB married.
7. The relationohip of Plaintiff to the child is that of
biological mother. The Plaintiff currently resideo with the child
and her parents.
B. The relationohip of the Defendant to the child io that
of biological father. To the beat knowledge of the Plaintiff, the
Defendant resideo at 33 Valley Street, Carlisle, Cumberland County,
PA, 17013.
9. Plaintiff hao not participated ao a party or witneso, or
in another capacity, in other litigation concerning the custody of
the child in thio or another court. Plaintiff has no information
of any other cuotody proceeding concerning the child pending in a
court of thio Commonwealth.
10. 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 vioitation righto with reopect to the child.
11. The best intereot and permanent welfare of the child
will be oerved by granting the relief requeoted, ao agreed upon by
the parties.
12. Each parent whooe parental righto to the child have not
been terminated and the peroon who has physical custody of the
child have been named as parties to this action. No other persons
are known to have or claim a right to custody or visitation of the
child.
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