HomeMy WebLinkAbout1996-6302 Civil
JON C. HERSHEY, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
RACHEL R. CALAMAN, :
DEFENDANT : 96-6302 CIVIL TERM
IN RE: CUSTODY
MEMORANDUM OPINION AND ORDER OF COURT
Bayley, J., December 18, 2009:--
Jon C. Hershey filed a petition to modify a custody order entered on April 2,
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2007. He and Rachel R. Calaman have three children, Tyler Hershey, born January 2,
1992, Emily Hershey, born May 9, 1994, and Sara Hershey, born May 9, 1994. The
father seeks to have paragraph 4(a) of the custody order modified to provide for week
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on week off custody during the school year. Paragraph 4(a), provides:
(a) During each school year, on a two week cycle starting on a
Thursday on the first week from after school until the start of school on
Wednesday the next week (the mother shall then have the children from
Wednesday after school through Thursday morning before school the
next week).
A hearing was conducted on December 16, 2009. The evidence revealed that
the children are now thriving under the current custody order. The mother is truly the
primary custodian directly providing for all of their needs. The children are all doing
__________
1
The order was entered following a hearing on the merits.
2
Paragraph 4(b) of the order provides for such week on week off custody during
summer school vacation periods.
96-6302 CIVIL TERM
well in school. They have a good relationship with their mother and father. The father
has, at various times since April 2, 2007, not acted in the best interest of the children.
He never attends their school events or has contact with their teachers. He refuses to
engage in meaningful communication with the mother regarding the best interest of the
children. He testified that the primary reason he seeks the change is that the children
tell him that is want they want. While each child stated to the court a preference to
have week on week off periods during the school year, their reasons were not strongly
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asserted or persuasive.
Finding that the best interest of all three children is to maintain the current
custodial arrangement, the following order is entered.
ORDER OF COURT
AND NOW, this day of December, 2009, the petition of Jon C.
IS DENIED.
Hershey to modify the custody order of April 2, 2007,
By the Court,
Edgar B. Bayley, J.
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Tyler said that he did not see anything wrong with spending equal time with each
parent. Emily said that she would find it less difficult then switching in between the
weeks. Sara said that she did want to see her dad more and spend more time with him
and that “it would make it easier not splitting it in the week.”
-2-
96-6302 CIVIL TERM
Kara Haggerty, Esquire
For Jon C. Hershey
Carol J. Lindsay, Esquire
For Rachel R. Calaman
:sal
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JON C. HERSHEY, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
RACHEL R. CALAMAN, :
DEFENDANT : 96-6302 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this day of December, 2009, the petition of Jon C.
IS DENIED.
Hershey to modify the custody order of April 2, 2007,
By the Court,
Edgar B. Bayley, J.
Kara Haggerty, Esquire
For Jon C. Hershey
Carol J. Lindsay, Esquire
For Rachel R. Calaman
:sal