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BARRY L. HARNER v. ELIZABETH A. HARNER (06/29/84)

filed: June 29, 1984.

BARRY L. HARNER
v.
ELIZABETH A. HARNER, APPELLANT



No. 00105 HBG 83, Appeal from the Order entered March 3, 1983 in the Court of Common Pleas of York County, Civil Division, at No. 82 S 3832.

COUNSEL

Laurence T. Himes, Jr., York, for appellant.

Henry O. Heiser, III, Gettysburg, for appellee.

Wickersham, Olszewski and Hoffman, JJ.

Author: Hoffman

[ 330 Pa. Super. Page 346]

This is an appeal from a custody order. For the reasons discussed below, we affirm.

The parties were married on September 26, 1975, and their only child, Chad Lynn, was born on August 3, 1976. Appellant, Elizabeth A. Harner, is a fourth grade elementary school teacher in Gettysburg, Adams County, Pa. Appellee, Barry L. Harner, is vice-president of Community National Bank of Southern Pennsylvania in Littlestown, Adams County, Pa. On October 4, 1982, appellee left the parties' marital home in Hanover, York County, Pa., and moved into Colonial Crest Apartments, an adult apartment complex in Hanover. Chad remained with appellant. For approximately the next six weeks, pursuant to the parties' arrangement, appellee exercised weekend visitation privileges. However, on the weekend beginning November 20, 1982, the parties had an argument which resulted in appellant following appellee and Chad when they left the marital home and running her car into appellee's car causing approximately $300 in damages. Appellee never returned Chad after that incident and currently lives with Chad in a rented house in Hanover. Appellee shares this house with Elaine Hertz, whom appellee met at Colonial Crest Apartments, and Mrs. Hertz's two teenage children. Chad was then six years old.

Pursuant to a divorce complaint filed by appellee on October 8, 1982, appellant's November 12 answer containing

[ 330 Pa. Super. Page 347]

    a custody counterclaim, and appellee's November 26 reply to the counterclaim, a pre-hearing conference was held before a court-appointed Master on December 2, 1982. The Master's report, filed December 21, listed the case for trial and recommended that primary custody be given to appellee with liberal visitation for appellant until the custody hearing. On February 25, 1983, a custody hearing was held before the lower court, which entered the following order on March 3, 1983:

AND NOW, TO WIT: This 3rd day of March, 1983, custody of Chad Lynn Harner, born August 3, 1976, shall be shared by the parents, Barry L. Harner, the father, and Elizabeth A. Harner, the mother. Legal custody shall be shared in that the parents shall have the responsibility for jointly making decisions which affect the child's educational, religious, medical and social welfare. Majority physical custody shall remain in the father subject to partial custody in the mother as follows:

1. On alternating weekends, from 5:00 p.m. on Friday to 6:00 p.m. on Sunday, beginning March 11, 1983.

2. From 4:00 p.m. until 8:00 p.m. each Tuesday.

3. On alternating holidays from 9:00 a.m. until 8:00 p.m., those holidays being Memorial Day, July 4, Labor Day and Thanksgiving.

4. In even numbered years from 2:00 p.m. on December 25 until 6:00 p.m. on January 1, and in odd numbered years from 4:00 p.m. on December 24 until 6:00 p.m. on December 30.

5. During the summer school vacation, an uninterrupted period of six (6) consecutive weeks upon thirty (30) days written notice to the father of the dates ...


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