Loading...
HomeMy WebLinkAbout92-2053 CivilDIANE M. BOYLE, Plaintiff IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2053 CIVIL 1992 RALPH L. BOYLE, JR., Defendant CUSTODY IN RE : CUSTODY ADJUDICATION BEFORE OLER J. ►- ORDER OF COURT AND NOW, this 22nd day of November, 1993, upon consideration of the custody complaint and following a hearin held on this date, it is Ordered and Directed as follows: g I. Legal custody of the parties, minor son, Jarin T. Boyle, born January 13, 1991, shall be shared by theartie 2. Prima P s. r'Y Physical custody of the child shall be in the child's mother, Diane M. Boyle. The child's father, Ralph L. Boyle, Jr., shall have the following periods of temporary or partial custody of the child: A. Alternating weekends from Friday at 5:30 p.m., until Monday morning at 8:30 a.m., at which time the father shall return the child to the day-care center. B. The following holidays, on an alternating basis, from 9:00 a.m. until 5:30 p.m.: Easter Memorial Day Independence Day, Labor Day, and Thanksgiving Day. The holidays shall start with the mother having the child on Labor Day and the father having the child on Thanksgiving Day, 1993. Whenever the father's scheduled holiday falls adjacent to his scheduled weekend, the two periods shall merge so that he shall keep the child for both the weekend and the holiday period. The holiday provisions of this paragraph shall prevail over the weekend provisions of the preceding paragraph. C. For two weeks each summer. The weeks shall not be consecutive and, commencing in 1994, will be scheduled on thirty days' advance notice by the father. 3. Each of the parties shall have custody of the child over the Christmas vacation as follows: A. In odd -numbered years the mother shall have the child from 2:00 p.m. on December 21 until 2:00 p.m. on December 25 and the father shall have the child from 2:00 p.m. on December 25 until 2:00 p.m. on December 29. B. In even -numbered years the above schedule shall reverse and the father shall have the child from 2:00 p.m. on December 21 and 2:00 p.m. on December 25 and the mother shall have the child from 2:00 p.m. on December 25 until 2:00 p.m. on December 29. C. The provisions of this paragraph shall prevail over all others, specifically including the weekend periods of temporary custody. 4. Notwithstanding the other provisions of this Order, the child shall be with the mother every Mother's Day from 9:00 a.m. until 5:30 p.m. and with the father every Father's Day from 9:00 a.m. until 5:30 p.m. 5. The parties shall each consult with each other whenever the child becomes seriously ill. 6. Nothing in this Order is intended to prevent the parties from agreeing upon alternative provisions by mutual consent. By the Court, r J Flesley Olezu Jr., J. Diane G. Radcliff, Esquire Counsel for Plaintiff Bradley Griffis, Esquire Frank J. Rernan, Esquire Counsel for Defendant :slr DIANE M. BOYLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2053 CIVIL 1992 RALPH L. BOYLE, JR., Defendant CUSTODY IN RE: CUSTODY ADJUDICATION BEFORE OLER, J. OPINION AND ORDER OF COURT Oler, J. For adjudication at this time is a custody complaint filed by the mother with respect to a two-year old child. A hearing on the matter was held on Monday, November 22, 1993. Based upon the evidence presented at the hearing, the following Findings of Fact and Order of Court are made and entered: FINDINGS OF FACT 1. Plaintiff is Diane M. Boyle, twenty-eight, residing at 1263 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania; she is an administrative assistant, with a college degree. 2. Defendant is Ralph L. Boyle, Jr., thirty-seven, residing at 4708 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania; he is an employment training counselor. 3. The parties were married on November 18, 1989; they separated on May 27, 1992. 4. One child was born of the parties, marriage: Jarin T. Boyle, born January 13, 1991. S. The mother received psychological counseling for anxiety attacks prior to the parties' marriage. 6. The parties had several violent encounters prior to their separation; they do not communicate well and are not on friendly terms. 7. The parties' separation occurred when the mother left the marital residence after the father threw an end table which he felt she had not adequately cleaned on the bed. 8. When the parties separated, the mother took the child to her parents' home, where she and he still reside; the father continues to reside in the marital residence, with a border, Ralph Gibson. 9. The home of the mother's parents has four bedrooms, one of which is occupied by the child. 10. The marital residence has two bedrooms, one of which is occupied by the border. 11. The child has a close relationship with his maternal grandparents, and some friends in the neighborhood of their home; the child has also had a number of contacts with his paternal grandmother and step grandfather, who live in Pittsburgh. 12. Both parties are fit parents; the mother has been the primary caretaker of the child, but the father has been actively interested in the child. 13. The following Order is regarded by the Court as being in the best interest of the child: ORDER OF COURT AND NOW, this 22nd day of November, 1993, upon consideration of the custody complaint and following a hearing held on this date, it is ordered and directed as follows: 1. Legal custody of the parties' minor son, Jarin T. Boyle, born January 13, 1991, shall be shared by the parties. 2. Primary physical custody of the child shall be in the child's mother, Diane M. Boyle. The child's father, Ralph L. Boyle, Jr., shall have the following periods of temporary or partial custody of the child: A. Alternating weekends from Friday at 5:30 p.m., until Monday morning at 8:30 a.m., at which time the father shall return the child to the day-care center. B. The following holidays, on an alternating basis, from 9:00 a.m. until 5:30 p.m.: Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day. The holidays shall start with the mother having the child on Labor Day and the father having the child on Thanksgiving Day, 1993. Whenever the father's scheduled holiday falls adjacent to his scheduled weekend, the two periods shall merge so that he shall keep the child for both the weekend and the holiday period. The holiday provisions of this paragraph shall prevail over the weekend provisions of the preceding paragraph. C. For two weeks each summer. The weeks shall not be consecutive and, commencing in 1994, will be scheduled on thirty days' advance notice by the father. For the balance of 1993, he shall exercise this period of temporary custody by giving the mother reasonable notice as time permits. 3. Each of the parties shall have custody of the child over the Christmas vacation as follows: A. In odd -numbered years the mother shall have the child from 2:00 p.m. on December 21 until 2:00 p.m. on December 25 and the father shall have the child from 2:00 p.m. on December 25 until 2:00 p.m. on December 29. B. In even -numbered years the above schedule shall reverse and the father shall have the child from 2:00 p.m. on December 21 and 2:00 p.m. on December 25 and the mother shall have the child from 2:00 p.m. on December 25 until 2:00 p.m. on December 29. C. The provisions of this paragraph shall prevail over all others, specifically including the weekend periods of temporary custody. 4. Notwithstanding the other provisions of this Order, the child shall be with the mother every Mother's Day from 9:00 a.m. until 5:30 p.m. and with the father every Father's Day from 9:00 a.m. until 5:30 p.m. 5. The parties shall each consult with each other whenever the child becomes seriously ill. 6. Nothing in this Order is intended to prevent the parties from agreeing upon alternate provisions by mutual consent. By the Court, /s/ J. Wesley Oler, Jr J. Diane G. Radcliff, Esquire Bradley Griffie, Esquire Counsel for Plaintiff Frank J. Kernan, Esquire :slr Counsel for Defendant