HomeMy WebLinkAbout96-00122
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. SLOANE,
Plaintiff
. CIVIL ACTION - LAW
.
v. IN CUSTODY
WILLIAM M. SLOANE, NO. 96-
Oefendant
NOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULO TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
NOTICIA
Le han demandado a usted en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted de be presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en
forma escrita sus defensas 0 sus objeciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende,
la corte tomara medidas y puede entrar una orden contra usted sin
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previo aviso 0 notificacion y por
pedido en la peticion de demanda.
sus propiendades 0 otros derechos
cualguier queja 0 alivio que
Usted puede perder dinero 0
importantes para usted.
es
LLEVE ESTA OEMANDAA UN ABOGAOO IMMEOIATAMENTE. SI NO TIENE
ABOGAOO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO,
VAYA EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUYA OIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR OONOE SE PUEOE
CONSEGUIR ASISTENCIA LEGAL.
Court Administrator
Fourth Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
M chael J. nft,' Esqu re
Attorney 10 No. 57976
11 West Pomfret Street, Suite 2
Carlisle, PA 17013
(717)249-5373
Attorney for Plaintiff
3. The Plaintiff seeks primary custody and visitation of
the following child:
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Present Residence
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Sara M. Sloane
705 Wilson Street
Carlisle, PA 17013
Date Of Birth of Child: June 8, 1990
The child was not born out of wedlock.
The child is presently in the primary physical and legal
custody of Plaintiff.
In addition to the child's present address, during the past
five years, the child has resided with either Plaintiff or
Defendant at the following addresses: 104 Walnut Street, Boiling
Springs, Cumberland County, Pennsylvania; and 26 Shepherd Road,
Newville, Cumberland County, Pennsylvania.
The mother of the child is the Plaintiff, who resides at 705
Wilson Street, Carlisle, Cumberland County, Pennsylvania. She is
currently married to the Oefendant, but has filed for divorce
from him.
The father of the child is Oefendant, who resides at 26
Shepherd Road, Newville, Cumberland County, Pennsylvania. He is
currently married to the Plaintiff, but she has filed for divorce
from him.
4. The relationship of Plaintiff to the child is that of
mother. The Plaintiff currently resides with the child.
5. The relationship of the Defendant to the child is that
of father. The Defendant currently reDideD alone.
6. Plaintiff has not participated as a party or witness, or
in any other capacity, in other litigation concerning the custody
of the child in this or any other court.
The Plaintiff has no information of a cuotody proceeding
concerning the custody of the child in this or any other court.
The Plaintiff does not know or 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 interests and permanent welfare of the child
will be served best by granting the relief requested because:
a) The Plaintiff has had primary or shared physical and
legal custody of the child and hac beon the child's primary care
giver since the child's birth;
b) The Plaintiff provides the child with a home with
adequate moral, emotional and physical surroundings as required
to meet the child's needs;
c) The Plaintiff is, and haD always been, willing to accept
custody of the child;
d) The Plaintiff continues to exercise primary parental
duties and responsibilities and enjoys the love and affection of
the child;
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. SLOANE,
Plaintiff
CIVIL ACTION - LAW
v. IN CUSTOOY
WILLIAM M. SLOANE, . NO. 96-122
.
Defendant
CBRTIFICATB OF BBRVICB
AND NOW, this 25th day of January, 1996, I, Michael J.
Hanft, Esquire, hereby certify that the following person was
served with a True and Correct copy of the custody Complaint
filed in the above-referenced matter.
The Custody Complaint was mailed on January 17, 1996, but
actual service took place on January 19, 1996 by Oefendant
signing for a copy of the custody Complaint which was mailed in
the United States Mail, Certified Mail--Return Receipt Requested,
Restricted Oelivery, Postage Prepaid, addressed as follows:
William M. Sloane
26 Shepard Road
Newville, PA 17241
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A copy of the signed Oomestic Return Receipt is attached
hereto as Exhibit "A" and by reference incorporated herein and
made a part hereof.
Respectfully submitted,
HANFT & VOHS
M~ 2~tt~SqUire
Attorney 10 No. 57976
11 West Pomfret street, Suite 2
Carlisle, PA 17013
(717) 249-5373
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IN THE COURT OF COMMON PLEAS OF
CUMBERLANO COUNTY, PENNSYLVANIA
SUSAN A. SLOANE,
Plaintiff
CIVIL ACTION - LAW
v. IN CUSTOO'l
WILLIAM M. SLOANE, NO. 96-122
Defendant
AGREEMENT
THIS AGREEMENT, made this 7f&.. day of March 1996, by and
between William M. Sloane, of North Newton Township, Cumberland
County, Pennsylvania, party of the first part, hereinafter
referred to as "Husband," and Susan A. Sloane, of the Borough of
Carlisle, Cumberland County, Pennsylvania, party of the second
part, hereinafter referred to as "Wife," or collectively referred
to as "the Parties."
WHEREAS, Husband and Wife desire to provide for the custody
and support of their one child, Sara Marie Sloane, born in
Carlisle, Cumberland County, Pennsylvania, on the 8th of June
1990, t,'lreinafter referred to as "Sara";
NOW, THEREFORE, the Parties, in consideration of the
mutually made and to be kept promises set forth herein and for
other good and valuable consideration, intending to Le legally
bound and to legally bind their heirs, successors, assigns, and
personal repreeentatives, do hereby covenant, promise and agree
as follows:
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1. The Parties agree to shared legal and physical custody
of Sara. Except as provided hereinbelow, and unless otherwise
agreed by the Parties, Wife shall have primary physical custody
of Sara, subject to Husband's periods of custody and visitation.
Neither Party shall move his or her residence from
Cumberland County, PennsYlvania, without first giving sixty (60)
days' notice to the other Party. At that time, either Party can
petition the Court of Common Pleas of Cumberland County,
Pennsylvania for modification of custody, if necessary.
Each Party shall be ~esponsible for the day-to-day decisions
while he or she has custody of Sara. Neither Party has the right
to make a unilateral decision regarding medical treatment (other
than emergency treatment). It is agreed between the Parties that
any decisions regarding medical treatment (other than emergency
treatment) to be rendered to Sara will be made jointly. Unless
and until Wife objects, it is agreed Husband may take Sara once a
month for a chiropractic examination, and if indicated an
adjustment, at his own expense; Husband shall be entitled to
receive any full or pattial reimbursements therefore from hl.s or
Wife's insurance carrier.
2. Each party agrees to keep the other apprised of any and
all matters relating to Sara's health, education, welfare, and
activities. It is agreed by the Parties that if Sara is removed
from Cumberland County, Pennsylvania for more than seven (7)
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consecutive days, the Party removing Sara shall provide the non-
removing Party with a telephone number at which Sara can be
called for emergency purposes only.
The Parties agree that Sara shall be raised in the
Trinitarian form of the Christian religion. Moreover, the
Parties agree that as long as Sara so desires, either Party may
have Sara confirmed at the church of which they are a member.
If the Parties can not agree as to where Sara shall attend
school, either Party may petition the Court to so detArmine.
With regard to Sara's schooling, from kindergarten through
twelfth grade, inclusive, mandatory school expenses such as
registration fees, supplies, tuition and uniforms shall be shared
equally by the Parties.
3. Unless otherwise agreed to by the Parties, the following
custody/visitation schedule for Sara shall apply:
a. W..kends. On alternating weekends, Husband shall have
custody of Sara from Saturday at 10:00 a.m. until Sunday at 8:00
p.m.
b. W..kday Ev.nings. Husband shall have custody or Sara
two (2) week day evenings each week. A week day evening is
defined to be Monday evening, Tuesday evening, Wednesday evening,
and Thursday evening. Said custody shall begin at 5:00 p.m. and
shall end at 8:00 p.m. Once a day is selected, it shall continue
until otherwise agreed to by the Parties, If the Parties are
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unable to agree as to which day or days, then the day or days
shall be the first two weekday evenings that Husband is not
teaching.
c. Summer vacations. At Husband's sole discretion, Husband
shall have custody of Sara for a maximum of three (3)
noncontinuous weeks during Sara's summer vacation from school.
Husband and Wife shall discuss and agree, by May 1 of each
calendar year, as to which week or weeks Husband shall have
custody of Sara. At Wife's sole discretion, Wife shall have
custody of Sara for a maximum of three (3) noncontinuous weeks
during Sara's summer vacation from school. Husband and Wife
shall discuss and agree, by May 1 of each calendar year, as to
which week or weeks Wife shall have custody of Sara.
d. Holidays.
i. Thanksgiving--The Parties agree to alternate
custody of Sara on an annual basis for Thanksgiving. Husband
shall have custody of Sara beginning at 6:00 p.m. on the
Wednesday before Thanksgiving Oay, 1997 through 3:00 p.m. on
Thanksgiving Oay, 1997 (hereinafter "Thanksgiving") and on
Thanksgiving every odd year thereafter. Wife shall have custody
of Sara on Thanksgiving, '1996 and on Thanksgiving every even year
thereafter.
ii. Christmas--The Parties agree to alternate
custody of Sara on an annual basis for Christmas. Wife shall
have custody of Sara from 6:00 p,m. Christmas Eve, 1997 through
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3:00 p.m. on Christmas Day, 1997 (hereinaftor "Christmas") and on
Christmas every odd year thereafter. Husband shall have custody
of Sara on Christmas, 1996 and on Christmas every even year
thereafter.
iii. other holidaY8. -The Parties agree to alternate
custody of Sara on an annual basis for the fOllowing other
holidays each year: New Year's Day, Martin Luther King Oay,
Presidents' Oay, Easter, Memorial Oay, Sara's birthday,
Independence Day, Labor Oay, Columbus Oay and Veterans' Day; with
respect to this clause, a "Monday holiday" (holiday "observed") if
any, is referred to, if it differs from the traditional date,
and, in the case of a Friday or Monday holiday on which Sara does
not have school, and which immediately precedes or immediately
follows a weekend on which said Party has custody, then the
Friday holiday shall include the night between Friday and the
weekend, and the Monday holiday shall include the night between
the weekend and Monday. Once a schedule is established for any
particular holiday, custody of Sara shall alternate between
Husband and Wife every year according to that same schedule.
iv. Mi8oellan8ou8 holidaY8.
a. The Parties hereto agree that they will cooperate
and be as flexible as possible with regard to custody of Sara for
any holiday or extended vacation period. In the event that any
holiday discussed in this section or these Agreement falls on a
weekend or evening visitation of the Party not having primary
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physical custody of sara, then the holiday schedule will take
precedence over the normal custody schedule.
b. Wife shall have custody of the Sara on every
Mother's Oay from 8:00 p.m. the day before Mother's Day until
8:00 p.m. Mother's Day. Husband shall have custody of Sara on
every Father's Oay from 8:00 p.m. the day before Father's Day
until 8:00 p.m. Father's Day. The non-custodial parent shall
have the right to spend up to two (2) hours of visitation with
Sara on Sara's birthday, June 8th. Should the Parties not be
able to reach an agreement as to what time, then it shall be from
6:00 p.m. until 8:00 p.m.
c. Husband and Wife shall discuss and agree on a
custody schedule for Sara at least two (2) weeks prior to any
holiday not specifically mentioned in the Agreement. Once a
schedule is established for any particular holiday not
specifically discussed in this agreement, custody of Sara shall
alternate between Husband and Wife every year according to that
same schedule.
d. It is the intent of the Parties that transportation
of Sara between parents for all purposes, but especially custody
purposes, shall be as flexible and accommodating as possible.
For these purposes, the Parties agree to meet as close to half
way as possible to accommodate the custody schedule. It is
recognized that transportation will obviously be dependent upon
each party's personal circumstances and employment.
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e. The Parties may agree to modify this schedule
without the necessity of a Court Order. It is specifically
agreed between the Parties that visitation shall be as
reasonable, liberal and frequent as possible. The periods
outlined above are to take effect if the Parties can not agree as
to a particular custody schedule.
4. Husband and Wife acknowledge their joint and individual
obligation to contribute to the support of Sara.
a. The Party not exercising primary physical custody of
Sara shall pay child support for Sara pursuant to the child
support guidelines (Pa.R.Civ.Pro. No. 1910.16-1, et sea., as
amended) of the Commonwealth of Pennsylvania. The provisions of
this Agreement concerning child support shall not be entered as a
support order in any court unless and until the Obligor defaults
in his or her obligation; then and only then may the provisions
of this Agreement concerning child support be entered as a
support order in the Court of Common Pleas of Cumberland County
or other appropriate court. It is specifically agreed between
the Parties that if they can not agree upon an amount of child
support pursuant to the guidelines, either Party can submit the
determination of a child support amount to the Domestic Relations
Office for recalculation.
Until the Parties 1995 Federal income taxes are calculated,
for calendar year 1996, Husband shall pay child support to Wife
in the amount of $633.15. No later than April 30th of each
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year, the Parties wi 11 exchange income information (including
copies of their respective W-2 or 1099 forms) so that they may
be able to compute the appropriate child support payments that
would be due (for the ensuing twelve month period) based upon the
Child Support Guidelines then in place for the Commonwealth of
Pennsylvania. In addition to the basic child support, the
amount paid by Ob1.igor shall be increased 130 as to account for
the Obligor's share of child-care expenses and mandatory school
expenses paid during the month, and unreimbursed medical expenses
which the insurance carrier has declined to cover during the
month, which share shall be in addition to the basic child
support amount. If the Parties can not agree upon the figures to
be used in re-calculating an amount or the amount to be paid by
Obligor, either Party may petition the Oomestic Relations Office
for a calculation of the appropriate child support amount.
b. Child support shall continue for Sara until she reaches
eighteen (18) years of age or continues to be actively enrolled
in high school, whichever occurs later.
c. The Party not exercising primary physical custody of
Sara (the Obligor) agrees to transmit to the Party exercising
primary physical custody of Sara any and all support payments by
the fifth (5th) day of each month. For purposes of this
Agreement, payments shall be deemed transmitted if they are
personally delivered or placed in the United States Mail, first
class mail, postage prepaid, on or before the fifth (5th) day of
each month.
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d. The Parties hereby agree that as long as there is no
cost involved, both Husband and Wife shall carry Sara on their
respective health insurance coverage as long as Sara is eligible
for said coverage. If and when health insurance becomes an out
of pocket expense for either Party, the Parties will equally
share the costs of providing Sara with the same coverage as the
Commonwealth of Pennsylvania provides to its employees.
e. The Parties agree that they will equally share in any
unreimbursed medical expenses incurred for the care of Sara
pursuant to subsection (d) above.
f. The Parties agree to equally share all costs of' child
care paid for by the Party exercising primary custody of Sara for
purposes of maintaining his or her employment. As of the date of
this Agreement, any babysitter, governess or nanny, who may by
law be deemed to be an "employee" shall be solely the employee of
the Party having primary physical custody, notwithstanding the
fact that the other Party may contribute to his or her
compensation.
5. If and when the Parties begin filing separate income tax
returns, it is agreed that the Party having primary physical
custody for a majority of a particular calendar year may claim
Sara as his or her dependent for that particular income tax year.
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IN WITNESS WHEREOF, the Parties have set their hands and
seals the day and year first above written.
WITNESSEO BY:
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Court, signed by Hess, J., on May 14, 1996, and indexed to No.
96-122. A copy of said Order is attached hereto, and marked
Exhibit "A".
7. Subsequent to the entry of said Order, Respondent
for the first time asked Petitioner to ~ign an Affidavit of
Consent relative to the no-fault divorce that she is seeking, and
Petitioner refused to do so.
8. Since Respondent has learned that Petitioner does
not consent to a no-fault divorce, Respondent has refused to
allow Petitioner to exercise his periods of custody and
visitation as provided for in the Custody Order. Specifically,
she has not allowed him to exercise his overnight visitation
(Order, page 3, paragraph 3.a.); she has not allowed him to take
the child on summer vacation (Order, page 4, Paragraph 3,c.); and
she has denied him "reasonable, liberal and frequent" visitation
(Order, page 7, paragraph 3.e.). This is particularly
frustrating for Petitioner in that Respondeont has nonetheless
allowed the child to be kept overnight in the care of third
parties, including unrelated babysitters and the maternal
grandparents, all to the exclusion of Petitioner, the natural
father.
9. It is respectfully averred that the minor child
would benefit from spending additional periods of time with the
father, including overnight and summer vacation periOds, as
provided for in the Custody Order,
10, It is averred that the Respondent is acting in bad
faith, in retaliation for Petitionor's refusal to sign an
Affidavit of consent, and in an effort to coerce him to do so.
It is respectfully submitted that Respondent is acting in a
vindictive and vengeful manner, in accordance with her selfish
and narrow self-interests, as opposed to the best interests of
the subject minor child,
WHEREFORE, Petitioner respectfully requests this
Honorable Court schedule a hearing relative to the contempt of
the Respondent, and thereafter award him enforcement of the
rights of custody and visitation as provided for in the Custody
Order.
Mark T. Silliker, Esquire
Attorney for Petitioner
PA Supreme Court 1.0. No.33671
204 state street
Harrisburg, PA 17101
(717) 233-1000
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. SLOANE, .
.
Plaintiff .
.
. CIVIL ACTION - LAW
.
v. : IN CUSTODY
.
.
WILLIAM M. SLOANE, NO. 96-122
Oefendant .
.
ORDER
AND NOW, this
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1'1' day of May, 1996, upon agreement of the
Parties, the Custody Agreement dated March 29, ~996, a copy of
which is attached hereto as Exhibit "A", is hereby incorporated
as a custody Order.
BY THE COURT,
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1. The Parties agree to shared legal and ~Iysical custody
of Sara. Except as provided hereinbelow, and unless otherwise
agreed by the Parties, IHfe shall have primary physical custody
of Sara, subject to Husband's periods of custody and visitation.
Neither Party shall move his or her residence from
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Cumberland County, Pennsylvania, without first giving sixty (60)
days" notice to the other Party. At that time, either Party can
petition the Court of Common Pleas of Cumberland County,
Pennsylvania for modification of custody, if necessary.
Each Party shall be responsible for the day-to-day decisions
while he or she has custody of Sara. Neither Party has the right
to make a unilateral decision regarding medical treatment (other
than emergency treatment). It is agreed between the Parties that
any decisions regarding medical treatment (other than emergency
treatment) to be rendered to Sara ~lill be made jointly. Unless
and until Wife objects, it is agreed Husband may take Sara once a
month for a chiropractic examination, and if indicated an
adjustment, at his own expense; Husband shall be entitled to
receive any full or pa~tial reimbuzsements therefore from h~s or
Wif~s insurance carrier.
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2. Each party agrees to keep the other apprised of any and
all matters relating to Sara's health, education, welfare, and
activities. It is agreed by the Parties that if Sara is removed
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consecutive dayo, the Party removing Sara nha lJ. provide the non-
removing Party with a telephone Ilumbm- ilt \~hich Sara call be
called for emergency purposes only.
'l'he Parties agree that Sara shall be raiDud in the
Trinitarian form of the Christian religion, Moreover, the
Parties agree that as long as Sara so deoires, either Party may
have Sara confirmed at the church of \oIhich they are a member.
If the Parties can not agree as to where Sara shall attend
school, either Party may petition the Court to 00 determine.
With regard to Sara's schooling, from kindergarten through
twelfth grade, inclusive, mandatory school expenses such as
registration fees, supplies, tuition and uniforms shall be shared
equally by the Parties.
3. Unless otherwise agreed to by the Parties, the follo\dng
custody/visitation schedule for Sara shall apply:
a. Weekends. On alternating weekends, Husband shall have
custody of Sara from Saturday at 10:00 a.m. until Sunday at 8:00
p.m.
b. Weekday Ev~nings. Husband shall have custody or Sara
two (2) week' day evenings each week. A week day evening is
def ined to be Monday evening, Tuesday evening, \~ednesday evening,
and Thursday evening. Said custody shall begin at 5:00 p.m. and
shall end at 8:00 p.m. Once a day is selected, it shall continue
until otherwise agreed to by the Parties,
If the Parties are
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unable to agree as to which day or days, then tho day or daYG
shall be the first two weekday evenings that HUliband ili not
teaching.
c. summer vacations. At Husband's sole discretion, Husband
shall have custody of Sara for a maximum of three (3)
noncontinuous weeks during Sara's summer vacation from school.
Husband and IHfe shall discuss and agree, by Hay 1 of each
calendar year, as to which week or weeks Husband shall have
custody of Sara. At Wife's sole discretion, Wife shall have
custody of Sara for a maximum of three (3) noncontinuouG ~lCeks
during Sara's summer vacation from school. Husband and IHfe
shall discuss and agree, by May 1 of each calendar year, as to
which week or weeks Wife shall have custody of Sara.
d. Holidays.
i. Thanksqiving--The Parties agree to alternate
custody of Sara on an annual basis for Thanksgiving. Husband
shall have custody of Sara beginning at 6:00 p.m. on the
Wednesday before Thanksgiving Oay, 1997 through 3:00 p.m. on
Thanksgiving Oay, 1997 (hereinafter "Thanksgiving") and on
Thanksgiving every odd y~ar thereafter. Wife shall have custody
of Sara on 'l'hanksgiving,' 1996 and on 'l'hanksgiving every even year
thereafter.
ii. Christmas--The Parties agree to alternate
custody of Sara on an annual basis for Christmas. I~ife shall
have custody of Sara from 6:00 p.m. Christmas Eve, 1997 through
CIloUl""\&A.YU...."IllllIUCI"'lllA.Nl..."'IOO'..I;.
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3:00 p.m. on Christmas Day, 1997 (hereinafter "Christmas") and on
Christmas every odd year thereafter. Husband shall have custody
of Sara on Christmas, 1996 and on Christmas every even year
thereafter.
iii. other holidays. -The Parties agree to alt:ernate
custody of Sara on an annual basis for the following other
holidays each year: New Year's Oay, Hartin Luther King Day,
Presidents' Day, Easter, Memorial Day, Sara's birthday,
Independence Day, Labor Oay, Columbus Oay and Veterans' Oay; with
respect to this clause, a "Monday holiday" (holiday "observed") if
any, is referred to, if it differs from the traditional date,
and, in the case of a Friday or Monday holiday on which Sara does
not have school, and which immediately precedes or immediately
follows a weekend on which said Party has custody, then the
Friday holiday shall include the night between Friday and the
weekend, and the Monday holiday shall include the night between
the weekend and Monday. Once a schedule is established for any
particular holiday, custody of Sara shall alternate between
Husband and Wife every year according to that same schedule.
iv. Miscellaneous holidays.
a. ,~he Parties hereto agree that they will cooperate
and be as flexible as possible with regard to custody of Sara for
any holiday or extended vacation period. In the event that any
holiday discussed in this section or these Agreement falls on a
weekend or evening visitation of the Party not having primary
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i physical custody of Sara, then the holiday Gchedule Idll take
precedence over the normal CUGtody schedule.
b. Wife shall have custody of the Sara 011 every
Mother's Day from 8:00 p.m. tho day before Mother's lJay until
8:00 p.m. Mother's Oay. Husband shall have custody of Sara on
every Father's Oay from 8:00 p.m. the day before Father's Day
until 8: 00 p. m. Father's lJay. 'rhe non-custodial parent shall
have the right to spend up to two (2) hours of visitation with
Sara on Sara's birthday, June 8th. Should the Parties not be
able to reach an agreement as to what time, then it shall be from
6:00 p.m. until 8:00 p.m.
c. Husband and Wife shall discuss and agree on a
custody schedule for Sara at least two (2) weeks prior to any
holiday not specifically mentioned in the Agreement. Once a
schedule is established f9r any particular holiday not
specifically discussed in this agreement, custody of Sara shall
alternate between Husband and Wife every year according to that
same schedule.
d. It is the intent of the Parties that transportation
of Sara between parents for all purposes, but especially custody
pUrposes, shall be as flexible and accommodating as possible.
For these purposes, the Parties agree to meet as close to half
way as possible to accommodate the custody schedule. It is
recognized that transportation will obviously be dependent upon
each party's personal circumstances and employment.
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e. 'l'he Parties may agree to modify thin nchedule
without the necessity of a Court Order. It in specifically
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agreed between the Parties that visitation shall be as
reasonable, liberal and frequent as possible. The periods
outlined nbove are to take effect if the Parties can not agree as
to a particular custody schedule,
4. Husband and Wife acknowledge their joint and individual
obligation to contribute to the support of Sara.
a. The Party not exercising primary physical custody of
Sara shall pay child support for Sara pursuant to the child
support guidelines (Pa.R.Civ.Pro. No. 1910.16-1, et sea., as
amended) of the Commonwealth of Pennsylvania. The provisions of
this Agreement concerning child support shall not be entered as a
support order in any court unless and until the Obligor defaults
in his or her obligation; then and only then may the provisions
of this Agreement concerning child support be entered as a
support order in the Court of Common Pleas of Cumberland County
or other appropriate court. It is specifically agreed between
the Parties that if they can not agree upon an amount of child
support pursuant to the guidelines, either Party can submit the
determination of a child support amount to the Domestic Relations
Office for recalculation.
Until the Parties 1995 Federal income taxes are calculated,
for calendar year 1996, Husband shall pay child support to Wife
in the amount of $633.15.
No later than April 30th of each
C \\UlrlA.\Cl.., IA"''''l.lIIlIlCn-.allM.\r.."l,.INI'I',v",
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year, the Parties will exchange incollle in(ol'luation (Jncluding
copies of their respective W-2 or 1099 [orms) so that: they may
be able to COlllpute the appropriate child support payments that
would be due (for the ensuing twelve month period) based upon the
Child Support Guidelines then in place for the Comlllonwealth of
Pennsylvania.
In addition to the basic child support, the
amount paid by Obligor shall be increased so as to account: for
the Obligor's share of child-care expenses and mandatory school
expenses p<;lid during the month, and unreimbursed medical expenses
which the insurance carrier has declined to cover during the
month, which share shall be in addition to the basic child
support amount. If the Parties can not agree upon the figures to
be used in re-calculating an amount or the amount to be paid by
Obligor, either Party may petition the Domestic Relations Office
for a calculation of the appropriate child support amount.
b. Child support shall continue for Sara until she reaches
eighteen (18) years of age or continues to be actively enrolled
in high school, whichever occurs later.
c. The Party not exercising primary physical custody of
Sara (the Obligor) agrees to transmit to the Party exercising
primary physical custody of Sara any and all support payments by
the fifth (5th) day of each month. For purposes of this
Agreement, payments shall be deemed transmitted if they are
personally delivered or placed in the United states Mail, first
class mail, postage prepaid, on or before the fifth (5th) day of
each month.
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d. The Parties hereby agree that ao long as there is no
cost involved, both Husband and Wife shall carry Sara on their
respective health insurance coverage as long as Sara is eligible
for said coverage. If and when health insurance becomes an out
of pocket expense for either Party, the Parties will equally
share the costs of providing Sara with the same coverage as the
Commonwealth of Pennsylvania provides to its employees.
e. The Parties agree that they will equally share in any
unreimbursed medical expenses incurred for the care of Sara
pursuant to subsection (d) above.
f. The Parties agree to equally share all costs of child
care paid for by the Party exercising primary custody of Sara for
purposes of maintaining his or her employment. As of the date of
this Agreement, any babysitter, governess or nanny , who may by
law be deemed to be an "employee" shall be solely the employee of
the Party having primary physical custody, notwithstanding the
fact that the other Party may contribute to his or her
compensation.
5. If and when the Parties begin filing separate income tax
returns, it is agreed that the Party having primary physical
custody for a majority of a particular calendar year may claim
Sara as his or her dependent for that particular income tax year.
C'IoIIH"IC.'IA\I'Illll1Jll'l"AIIIAJoI"""ILlII'l'''li.
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DC 1 1 U i996
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SUSAN A. SLOANE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 122 CIVIL TERM
CIVIL ACTION - CUSTODY
v.
WILLIAN M. SLOANE,
Defendant
COURT ORDER
AND NOW, this II. day of Oc.h ~
consideration of the attached Custody Conciliation
ordered and directed as follows:
, 1996, upon
Report, it is
1. This Court's prior Order of May 14, 1996 which incorporated a
Custody Agreement between the parties, is modified as follows:
A. Father's periods of alternating weekend temporary custody
as set forth in Paragraph 3.a. of the Custody Agreement
shall be modified such that Father shall return the minor
child to the Mother's custody on Sunday evening at 7:00
p.m. instead of 8:00 p.m.
2. Upon agreement of the Father, Father's Petition for Contempt
is withdrawn.
3. This Order is entered pursuant to an agreement reached by the
parties at a custody conciliation conference. In the event
either party desires to modify the existing Court Order, that
party may petition the Court to have the case again scheduled
for a conference with the Custody Conciliator.
By the Court,
cc:
Mark T.
William
. A,jJ.
Hess, J.
Silliker, Esquire , ,
C. Vohs, Esquire ~ 1~
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SUSAN A. SLOANE,
Plaintiff
:
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
v.
.
.
WILLIAH M. SLOANE,
Defendant
:
:
:
:
CIVIL ACTION - CUSTODY
NO. 96 - 122 CIVIL TERM
PRIOR JUDGE:
HONORABLE KEVIN A. HESS
CONCILIATION CONFERENCE SUMMARY REPOBX.
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(bj, the undersigned Custody Conciliator submits the
following report:
1. The information pertaining to the child who is subject of this
litigation is as follows:
Sara Harie Sloane, born June 8, 1990
2. A Conciliation Conference was held on October 3, 1996.
Present were the Mother, Susan A. Sloane, with her counsel,
William A. Vohs, Esquire, and the Father, William H. Sloane,
with his counsel, Mark Silliker, Esquire.
3. The parties agreed to the entry of an Order in the form as
attached.
loWqv
Date
SUSAN A. SI,OANE,
Pelltlonu
: IN ......: COUR'" OF COMMON PU:AS OF
: CUMD.:RLANU COUN"'Y, P.:NNS\'I, VANIA
v.
CIVil, ACTION -I,AW
WIU.lMI M. SLOANE,
Respondent
NO. 96 122 CIVil, "'ERM
IN CUS"'OJ)Y
ORUER m:: eOlIRT
ANIl NOW, this \ S' dllY uf -.'l LJ \~_, 1997, upun cunsidemtiou of the auaehed
pelition. it is herehy directed Ihat the purties Ilnd their respective counsel appear before DAWN S,
,UNDA Y, Esquire, Ihe concilialor, at 39 WEST MAIN ST, MECIIANICSBURG, on the ..a... day of
I "\~ , 1997, lIt1.L:lli:i\. M. 1l1r 1I Pre.ltearing Custody CunfefCnce, AI such cunlcrence, an
effurt will be made tu resulve the issues in dispute; or if this cannol he accomplished. to deline and
narrow the issucs 10 bc hCllrd by Ihc Court and 10 calcr inlo a Icmpumry ordcr, All childrcallgc live or
older may also be prcscnt althc eonlcrencc, Failurc 10 appcar allhis conlcrcace may provide grounds
lilr entry of a tcmpumry ur pennaacnt urder,
By thc Cuurt.
By:
YOU SIIOULU TAKE TillS PAPER TO YOUR I.A WYER AT ONn:. IF YOU UO NOT
IIAVE A LAWYER OR CANNOT A....ORIl ONE, GO TO OR n:U:PIION.: ...IIE Of'...C.: S.:T
.'OR1'1I DEI,OW ...0 "'NU OU'I' W"':RE YOU CAN m:T U:GAI. IIEI.P,
Court Administmlor
Cumbcrland Cuunly Courthousc
I Courthuuse Squure, 4th Floor
Carlisle, Pcnnsylvania 17013
(717) 240-6200
AI\Jf;RICANS WI'I'III)ISADlUTlES
ACTO.' 1990
The Cuurt of Common Pleas uf Cnlllberland Cuunty is required by law 10 comply wilh thc
Americans with Disabilitics Act of 1990, For inlilrtnatiun abuul uccessiblc facililies und reusonuhle
aeeomlllodlllions nvailable tu disabled individullls having business befilre Ihe CUUrt, plcase contuctour
uflice, AllalTllngclllcnls IIlUsl be Illllde lit lellst 72 hours priur to any hcaring or busincss before the
cuurt. You IIlUS! atlcnd thc schedulcd conlcfCnce or hellring,
or: i: ,~LfJ?-ofFICE
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/'1/ .97 ~,PI -'ma..t!/ ~t. d..c:{,~.".e'
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. SLOANE, .
.
Plaintiff .
.
CIVIL ACTION - LAW
v. IN CUSTOOY
.
.
WILLIAM M. SLOANE, NO. 96-122
Oefendant
ORDER
ANO NOW, this /t/I'day of May, 1996, upon agreement of the
Parties, the custody Agreement dated March 29, 1996, a copy of
which is attached hereto as Exhibit "A", is hereby incorporated
as a custody Order.
BY THE COURT,
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1. The Parties agree to shared legal and physical custody
of Sara. Except as provided hereinbelow, and unless otherwise
agreed by the Parties, Wife shall have primary physical custody
of Sara, subject to Husband's periods of custody and visitation.
Neither Party shall move his or her residence from
Cumberland County, Pennsylvania, without first giving sixty (60)
days" notice to the other Party. At that time, either Party can
p'etition the Court of Common Pleas of Cumberland County,
Pennsylvania for modification of custody, if necessary.
Each Party shall be responsible for the day-to-day decisions
while he or she has custody of Sara. Neither Party has the right
to make a unilateral decision regarding medical treatment (other
than emergency treatment). It is agreed between the Parties that
any decisions regarding medical treatment (other than emergency
treatment) to be rendered to Sara will be made jointly. Unless
and until Wife objects, it is agreed Husband may take Sara once a
month for a chiropractic examination, and if indicated an
adjustment, at his' own expense; Husband shall be entitled to
receive any full or pat,tial reimbuIsements therefore from hl.s or
.....
Wife's insurance carrier.
2. Each party agrees to keep the other apprised of any and
all matters relating to Sara's health, education, welfare, and
activities. It is agreed by the Parties that if Sara is removed
from Cumberland County, Pennsylvania for more than seven (7)
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consecutive days, the Party removing Sara shall provide the non-
removing Party with a telephone number at which Sara can be
called for emergency purposes only.
The Parties agree that Sara shall be raised in the
Trinitarian form of the Christian religion. Moreover, the
Parties agree that as long as Sara so desires, either Party may
have Sara confirmed at the church of which they are a member.
If the Parties can not agree as to where Sara shall attend
school, either Party may petition the Court to so determine.
with regard to Sara's schooling, from kindergarten through
twelfth grade, inclusive, mandatory school expenses such as
registration fees, supplies, tuition and uniforms shall be shared
equally by the Parties.
3. Unless otherwise agreed to by the Parties, the following
custody/visitation schedule for Sara shall apply:
a. Weekends. On alternating weekends, Husband shall have
custody of Sara from Saturday at 10:00 a.m. until Sunday at 8:00
p.m.
b. Weekday Ev~nings. Husband shall have custody' or Sara
two (2) week' day evenings each week. A week day evening is
defined to be Monday evening, Tuesday evening, Wednesday evening,
and Thursday evening. Said custody shall begin at 5:00 p.m. and
shall end at 8:00 p.m. Once a day is selected, it shall continue
until otherwise agreed to by the Parties. If the Parties are
C' .......'rA.l4.'I' LAIIl'a "OO"'LO.-.'rC:\.:\IOUY"'ca
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unable to agree as to which day or days, then the ~ay or days
shall be the first two weekday evenings that Husband is not
teaching.
c. Bummer vacations. At Husband's sole discretion, Husband
shall have custody of Sara for a maximum of three (3)
noncontinuous weeks during Sara's summer vacation from school.
Husband and Wife shall discuss and agree, by May 1 of each
calendar year, as to which week or weeks Husband shall have
custody of Sara. At Wife's sole discretion, Wife shall have
custody of Sara for a maximum of three (3) noncontinuous weeks
during Sara's summer vacation from school. Husband and Wife
shall discuss and agree, by May 1 of each calendar year, as to
which week or weeks Wife shall have custody of Sara.
d. Holidays.
i. Thanksgiving--The Parties agree to alternate
custody of Sara on an annual basis for Thanksgiving. Husband
shall have custody of Sara beginning at 6:00 p.m. on the
Wednesday before Thanksgiving Oay, 1997 through 3:00 p.m. on
Thanksgiving Day, 1997 (hereinafter "Thanksgiving") and on
Thanksgiving every odd y~ar thereafter. Wife shall have custody
of Sara on Thanksgiving, '1996 and on Thanksgiving every even year
thereafter.
ii. Christmas--The Parties agree to alternate
custody of Sara on an annual basis for Christmas. Wife shall
have custody of Sara from 6:00 p.m. Christmas Eve, 1997 through
C' \NIIf'....~., LA..~'..IODrUr\ANL..-U\IODY "'1;.
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3:00 p.m. on Christmas Day, 1997 (hereinafter "Christmas") and on
Christmas every odd year thereafter. Husband shall have custody
of Sara on Christmas, 1996 and on Christmas every even year
thereafter.
iii. other holidays. -The Parties agree to alternate
custody of Sara on an annual oasis for the following other
holidays each year: New Year's Oay, Martin Luther King Oay,
Pre,sidents' Day, Easter, Memorial Oay, Sara's birthday,
Independence Day, Labor Day, Columbus Day and Veterans' Oay; with
respect to this clause, a "Monday holiday" (holiday "observed") if
any, is referred to, if it differs from the traditional date,
and, in the case of a Friday or Monday holiday on which Sara does
not have school, and which immediately precedes or immediately
follows a weekend on which said Party has custody, then the
Friday holiday shall include the night between Friday and the
weekend, and the Monday holiday shall include the night between
the weekend and Monday. Once a schedule is established for any
particular holiday, custody of Sara shall alternate between
Husband and Wife every year according to that same schedule.
iv. ,Miscellaneous holidays.
a. ,~he Parties hereto agree that they will cooperate
and be as flexible as possible with regard to custody of Sara for
any holiday or extended vacation period. In the event that any
holiday discussed in this section or these Agreement falls on a
weekend or evening visitation of the Party not having primary
c \IoUIu.uc. 'I' "'-'lC\'11nu1'\llO.\MVV,,"ur "'loA
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custody of Sara, then the holiday schedule will' taka
precedence over the normal custody schedule.
b. Wife shall have custody of the Sara on every
Mother's Oay from 8:00 p.m. the day before Mother's Day until
8:00 p.m. Mother's Oay. Husband shall have custody of Sara on
every Father's Day from 8:00 p,m. the day before Father's Day
until 8:00 p.m. Father's Day. The non-custodial parent shall
have the right to spend up to two (2) hours of visitation with
Sara on Sara's birthday, June 8th. Should the Parties not be
able to reach an agreement as to what time, then it shall be from
6:00 p.m. until 8:00 p.m.
c. Husband and Wife shall discuss and agree on a
custody schedule for Sara at least two (2) weeks prior to any
holiday not specifically mentioned in the Agreement. Once a
schedule is established fpr any particular holiday not
specifically discussed in this agreement, custody of Sara shall
alternate between Husband and Wife every year according to that
same schedule.
d. It is the intent of the Parties that transportation
of Sara between parents for all purposes, but especially custody
purposes, shall be as flexible and accommodating as possible.
For these purposes, the Parties agree to meet as close to half
way as possible to accommodate the custody schedule. It is
recognized that transportation will obviously be dependent upon
each party's personal circumstances and employment.
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e. The Parties may agree to modify this schedule
without the necessity of a Court Order. It is specifically
agreed between the Parties that visitation shall be as
reasonable, liberal and frequent as possible. The periods
outlined above are to take effect if the Parties can not agree as
to a particular custody schedule.
4. Husband and Wife acknowledge their joint and individual
obligation to contribute to the support of Sara.
a. The Party not exercising primary physical custody of
Sara shall pay child support for Sara pursuant to the child
support guidelines (Pa.R.Civ.Pro. No. 1910.16-1, et sea., as
amended) of the Commonwealth of Pennsylvania. The provisions of
this Agreement concerning child support shall not be entered as a
support order in any court unless and until the Obligor defaults
in his or her obligation; then and only then may the provisions
of this Agreement concerning child support be entered as a
support order in the Court of Common Pleas of Cumberland County,
or other appropriate court. It is specifically agreed between
the Parties that if they can not agree upon an amount of child
support pursuant to the guidelines, either Party can submit the
determination of a child support amount to the Domestic Relations
Office for recalculation.
Until the Parties 1995 Federal income taxes are calculated,
for calendar year 1996, Husband shall pay child support to Wife
in the amount of $633.15.
No later than April 30th of each
C WIIr, A.\,Cl.Y 1.AW'L,11 lIlCU".ato.l.'r'"\'llOUY NOI
7
year, the Parties will exchange income information (including
copies of their respective W-2 or 1099 forms) so that they may
be able to compute the appropriate child support payments that
would be due (for the ensuing twelve month period) based upon the
Child Support Guidelines then in place for the Commonwealth of
Pennsylvania. In addition to the basic child support, the
amount paid by Obligor shall be increased 50 as to account for
the Obligor's share of child-care expenses and mandatory school
expenses p~id during the month, and unreimbursed medical expenses
which the insurance carrier has declined to cover during the
month, which share shall be in addition to the basic child
support amount. If the Parties can not agree upon the figures to
be used in re-calculating an amount or the amount to be paid by
Obligor, either Party may petition the Domestic Relations Office
for a calculation of the appropriate child support amount.
b. Child support shall continue for Sara until she reaches
eighteen (18) years of age or continues to be actively enrolled
in high school, whichever occurs later.
c. The Party not exercising primary physical custody of
Sara (the Obligor) agrees to transmit to the Party exercising
primary physical custody of Sara any and all support payments by
the fifth (5th) day of each month. For purposes of this
Agreement, payments shall be deemed transmitted if they are
personally delivered or placed in the United States Mail, first
class mail, postage prepaid, on or before the fifth (5th) day of
each month.
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d. The Parties hereby agree that as long as there is no
cost involved, both Husband and Wife shall carry Sara on their
respective health insurance coverage as long as Sara is flligible
for said coverage. If and when health insurance becomes an out
of pocket expense for either Party, the Parties will equally
share the costs of providing Sara with the same coverage as the
Commonwealth of Pennsylvania provides to its employees.
e. The Parties agree that they will equally share in any
unreimbursed medical expenses incurred for the care of Sara
pursuant to subsection (d) above.
f. The Parties agree to equally share all costs of child
care paid for by the Party exercising primary custody of Sara for
purposes of maintaining his or her employment. As of the date of
this Agreement, any babysitter, governess or nanny, who may by
law be deemed to be an "employee" shall be solely the employee of
the Party having primary physical custody, notwithstanding the
fact that the other Party may contribute to his or her
compensation.
5. If and when the Parties begin filing separate income tax
returns, it is agreed that the Party having primary physical
custody for a majority of a particular calendar year may claim
Sara as his or her dependent for that particular income tax year.
C'MIH',C' 1.A"'4'\n~f\llJlNoI"v.IUIJ'AI"
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~UL 0 7 1997
SUSAN A. SLOANE, : IN THE COURT OF ca-lMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLV~IA
.
.
vs. . NO. 96-122 CIVIL TERM
.
WILLIAM M. SLOANE, . CIVIL ACTION - LAW
.
Respondent IN CUSTODY
amm OF CXXlRT
AND tOf, this ~ . day of --<1~;.~ , 1997,
upon consideration of the attached Custody Conciliation Report, it is
ordered and directed as follows:
1. The prior Order of this Court dated May 14, 1996,
incorporating the provisions of a Custody Agreement entered into by the
parties on March 29, 1996, shall continue in effect with the following
additions and modifications:
A. With regard to scheduling vacations under paragraph 3 c, the
parties shall notify each other of his or her selection of
vacation weeks by April 1 and shall finalize the vacation
schedule by May 1 of each year.
B. Both parties shall provide the Child with a clean and
healthful living environment at their respective residences.
C. Both parties shall take all reasonable steps in order to
avoid exposure of the Child to cigarette smoke. Neither
party shall smoke in his or her residence or in the presence
of the Child during periods of custody.
D. The parties shall participate jointly in a course of
counseling to be conducted by a professional selected by
agreement of the parties and counsel. The purpose of the
counseling shall be to improve and/or develop cOl11l1unication
between the parties in order to serve the best interests of
the Child. The counseling sessions shall be scheduled to
begin as soon as possible after the Custody Conciliaiton
Conference. If, after determining the anticipated costs of
counseling (with deductions for any insurance coverages), the
parties are unable to agree on responsibility for payment,
counsel for the parties may contact the Conciliator to
schedule a telephone conference in an effort to resolve any
dispute over counseling costs.
2. The Father agrees that the Mother may come to view the living
conditions at his residence at a prearranged time with the specific
arrangements to be established through counseling.
SUSAN A. SLOANE,
Petitioner
: IN THE COURT OF COOMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
\'5.
: NO. 96-122
CIVIL TERM
WILLIAM M. SLOANE,
Respondent
.
.
CIVIL ACTION - LAW
IN CUSTODY
PRIm JlDGB: Kevin A. HeII8
ammr CXK:ILIATIaf SlRIARY RIlPlRl'
IN AO:XIUW<<Z WI'l'H CUIBBRLAND aumc RllLB OF CIVIL P9::'~'lRB
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
!!!!!
DATB OF BIRTII
aJlRJ!B1'Ly IN amaJlC OF
Sara Marie Sloane
June 8, 1990
Petitioner/Mother
2. A Conciliation Conference was held on Septentler 2, 1997, with the
following individuals in attendance: the Mother, Susan A. Sloane, with her
cOllllBel, Rebecca R. Hughes, Esquire, and the Father, William M. Sloane,
with his counsel, Mark T. Silliker, Esquire.
3. This Court previously entered an Order on May 14, 1996,
incorporating the terms of a CUstody Agreement between the parties. The
Mother filed this Petiton for Modification.
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4. The parties agreed to entry of an Order in the form as attached.
~~
Oawn S. ::;un y, Esqu re
custody Conciliator
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