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Home My WebLink About02-4841JOHN T. STOUT, Plaintiff V TRACY L. HILL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002 - CIVIL TERM .. _. : IN CUSTODY 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 SHOULD 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 JOHN T. STOUT, Plaintiff V TRACY L. HILL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 - CIVIL TERM : IN CUSTODY COMPLAINT Plaintiff, John T. Stout, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff John T. Stout is an adult individual residing 105 Augusta Place, Carlisle, Cumberland County, Pennsylvania. 2 Defendant Tracy L. Hill is an adult individual residing at 34 Country View Estates, Newville, Cumberland County, Pennsylvania. 3 Plaintiff and Defendant are the natural parents of Zachary J. Stout, born February 6, 1990 and Taylor Lee Stout, born December 12, 1993. 4 Up until August 2002, the two mentioned minor children were in the joint physical custody of both Plaintiff and Defendant, with Defendant having custody of the two minor children at his stated address and Plaintiff have custody of the two minor children at her stated address. 5 The two minor children are presently in the custody of the Defendant at her stated address· The children were not born out of wedlock. 6 7 The parties have not participated as a party of witness, or in any other capacity in any other litigation, concerning the custody of the minor children. 8 The Plaintiff has no information of a custody proceeding concerning the minor children pending in a court of this Commonwealth or any other state. 9 Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor children or claims to have custody or visitation rights with respect to the children. 10 Since approximately 1996, the parties have worked out between themselves a custody arrangement which, essentially, provided a shared legal custody situation with a shared physical custody situation such that the parties equally shared physical custody of the minor children. 11 On or about August 2002, Defendant unilaterally changed the custody arrangement between the parties without the permission of or consulting with the Plaintiff, and currently Defendant is denying Plaintiff time with his minor children that he has enjoyed over the past five years including two overnights per week, alternating weekends and other times. 12 Plaintiff is requesting your Honorable Court to enter a custody order along the lines of the following: A. The parties would enjoy shared legal and shared physical custody of the minor children. B. Plaintiff would have physical custody of thc minor children during the school year, on every Monday and Thursday evening from after school until when the children would be returned to school the following morning. C. During the school year, Defendant would have custody of the children every Tuesday and Wednesday from after school until the following morning. D. During the school year, thc parties would alternate physical custody of the minor children on weekends from Friday at 4:30 p.m. until Monday morning. E. During the summer months, the above schedule would remain in effect except for the following modifications: i. On Monday after Father's weekend of custody, Father would have custody of thc minor children during the day until 5:00 p.m. if Father is not working that day. ii. On those Tuesdays when Father is not working and Father gives Mother at least 48 hours notice, Father may maintain custody of the minor children during the day on that Tuesday following his overnight custody until 5:00 p.m. Fo Both parties shall enjoy the opportunity during the summer months to take at least 3 full weeks of vacation with the minor children. A separate schedule to address holidays, birthdays, Mother's Day, Father's Day, etc. WHEREFORE, Plaintiff requests your Honorable Court to grant him shared physical and share legal custody of the mentioned minor children. Respectfully submitted, J~hn H. Broujos, Esquire Attorney for Plaintiff /// Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ohn T. Stout' JOHN T. STOUT PLAINTIFF TRACY L. HILL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4841 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Tuesday, October 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Count~ Courthouse, Carlisle on Wednesday, November 06, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JOHN T. STOUT, Plaintiff V TRACY L. HILL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2002 - 4841 CIVIL ACTION - LAW : IN CUSTODY COURT ORDER AND NOW, this ~ day of .~Y-~_o ~? the attached Stipulation, it is ordere~ a-nd' directed as follows: ,2003, upon consideration of The Mother, Tracy L. Hill, and the Father, John T. Stout, shall enjoy shared legal custody of Zachary J. Stout, born February 6, 1990; and Taylor Lee Stout, born December 12, 1993. 2. The Mother shall enjoy primary physical custody of the minor children. e The Father shall enjoy periods of temporary physical custody of the minor children as follows: Ao On alternating weekends from Friday evening through Sunday evening.~' 7.'00 /q,~. ~'t~g /~ Be On major holidays pursuant to a schedule arranged between the parties, with the parties either sharing the major holiday or alternating custody as they may agree. C. For a period of two weeks for vacation in the summer. D. At such other times as agreed upon by the parties. e This order is entered pursuant to a stipulation filed by the parties. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the custody conciliator. BY THE COURT, CC: By: , , J. oUbert X. Gilroy, Esquire nald E. Johnson, Esquire JOHN T. STOUT, Plaintiff TRACY L. HILL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2002 - 4841 CIVIL ACTION - LAW : IN CUSTODY STIPULATION The Court may enter the attached order as a stipulated order. WITNESS /R n~ld E.-Jo~h;~sq'uir~- ~"~---~Tr~a-cy L~liil /Attorney fo~efendant Hubert X. Gilroy, ~¢~uire Attorney for Plaintiff JAN 3 1 2003 JOHN T. STOUT, Plaintiff Ve TRACY L. HILL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-4841 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 31 st day of January, 2003, the Conciliator being notified that the parties have reached an agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, 0'~tcqt/dline M. Vemey, Esquire, Custodfj)Conciliator