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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
STEVE NICHOLS,
v.
Defendant
NO. q(..,~'O~S' (:.u'.J.' IL-
KYLA MOYER,
COMPLAINT FOR
PARTIAL CUSTODY
1. The plaintiff is Steve Nichols, residing at 312
Market Street, Lemoyne, Cumberland County, Pennsylvania.
2. The defendant is Kyla Moyer, residing at 402
Resevoir Road, Mechanicsburg, CUmberland County, Pennsylvania.
3. Plaintiff seeks shared legal and partial physical
custody of the following child:
Name Present Residence Age
Arye Daniel Moyer 402 Resevoir Road 08/01/95
Mechanicsburg, PA (OOB)
The child was born out of wedlock.
The child is presently in the custody of Defendant, Kyla
Moyer, who re.ides at 402 Resevoir Road, Mechanicsburg, CUmberland
County, Penn.ylvania.
During the past five years, the child haa re.ided with
the following per.on. and at the following addre....:
ICyl. Moyer
Rich Moyer
Jill Moyer
Devon Moyer
\lfhltney Moyer
The m.:Ither of the child ia Defend.nt, Kyla Moyer.
402 Reaevoir Road
Mechanic.burg. PA
08/01/95
through present
cunently nt.iding at 402 Reaevolr Rea'!. Mechanic.burg. C"uJIlberland
County. r.nnayl~4niA.
Sh... ill l!Iin'11.",
The father of the child is Steve Nichols, currently
residing at 312 Market Street, Lemoyne, Cumberland County,
Pennsylvania.
He is single.
4. The relationship of Plaintiff to the child is that
of natural father.
The Plaintiff curr~ntly resides with the
following persons:
Name
Relationship
Tim Quinn
Roommate
5, The relationship of defendant to the child is that
of natural mother.
The defendant currently resides with the
following persons:
Name
Relationship
SOn
Father
Mother
Sister
Sister
Arye Daniel Moyer
Rich Moyer
Jill Moyer
Devon Moyer
Whitney Moyer
6. plaintiff has not participated .s a party or
witness, or in another capacity, in other litigation concerning
the custody of the child in this or another court.
Plaintiff has no infotl!lation of a custody proceeding
concerning the child pending in a court of this Commonwealth.
Plaintiff does not know of It person not a pany to the
proceeding_ who haa physical custody of eM child or cbiN to Mve
custody or visitation rights with respect to the child.
7", The best interest and pef'lllan<<nt welfare of eM child
wlll be ..rved by '1rant inq the NIl h.t r~.u-d bl!('.~" l.t ta
,
. .
important for Plaintiff to have frequent and regular contact with
his son,
8, Each parent whose parental rights to the child have
not been terminated and the person who has physical custody of the
child have been named as parties to this action.
WHEREFORE, Plaintiff requests the court to grant shared
legal and partial physical custody of the child to him,
~~rf~/~J
an ra L, Mei on, Esquire
BBPPORD. SWARTZ r. HORGAH
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
1717) 234-4121
VERIPICATION
I, the undersigned, Steve Nichols
acknowledge that the facts stated in lh~ foregoing docum~nt are
true and correct to lhe best of my knOWledge, information and
belief.
I understand that any false statements herein are made
aubject to the penalties of 18 Pa, C,S,A, Section 4904 relating to
unsworn falsification to authorities.
..,.... f?/ 9...6
a:L~k-~~ ~-i1/
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STEVE NICHOLS, , IN THE CXXlRT OF WIMOO PLEAS OF
,
Plaintiff , CUMBmLAND COON'l'Y, P~YLVANIA
,
,
,
vs, , 00, 96-5205 CIVIL TERM
,
,
,
KYLA MOYER, , CIVIL ACTION - LAW
.
Defendant , CUSTOOY
,
ClUlIlR C. CXXRr
All) tDf, this "l , day of ~CMU...1 , 1997,
upon COIl8ideration of the attached CUstody COnciliat~1'~,~eport, it is
ordered and directed as follows:
1, The Mother, Kyla Moyer, shall have eole legal custody of Arye
Osniel /'layer, born August 1, 1995 until such time as the weekend overnight
partial custody 8Chedule is iaplemented pursuant to this Ckder. ~
iIplementatiOl'l of the overnight partial custody schedule, the Father, Steve
Nichol., and the Mother shall have shared legal custody of the Olild.
2. The Mother shall have ~imary physical custody of the Olild,
3, The Father shall have custody of the Olild on a gradually
inc:reuing ed1edule as follows:
A. The Father shall have periods of supervised custody with
the Olild during a six week period 01'1 Itondays and
Wedl illdays frcJll 11:00 a.m. until 1:00 P,Rl. and on SUncSays
from 4:00 p.Rl, until 6:00 p,lI. The supervised custody
~..ci1le shall begin 01'1 Sunday, January 19, 1997.
SUpervision ahall be provided during the six week period
by either the Mother or the maternal grancinother.
8, The Father shall have ~1aed custody of the Olild
from Marc:h 2, 1997 thrQugh Pl6rc:h 12, 1997, on the .-
days and ttN. &lI eet forth in aubpangraph A of thi.
provi.ion. Thereefter, on an ongoing bui., the rather'.
periods of partial custody with the Olild Ihall be
1lMlIpen1aed and shall c:onUm. 01'1 eftl'y Itonday and
Ned H~1 frCllll 11:00 .... until 1:00 p.lI.
C. '1'he rather shall ha". partial C\IIItody of the 0\11d en
SUnlSay, ~ 16, 1997 frCllll 10:00 ..., until 6:00 p..,
and en r.utft' SUndly. Ptarch JO, 1991 (rClIII 2100 p,lI. IoII'It11
7 tOO p...
O. '1'he hUlK .....11 hi... panial euatcdy of the OI11d (rat
.
Saturday, April 12, 1997 through Sunday, May 25, 1997
during alternating weekends on Saturday fran 10:00 a,m,
Wltil 6:00 p.m, and Sunday fran 10:00 a,m. Wltil 6:00
p,m., with the exception of Mother's Day (May 11, 1997)
on which the Child shall remain in the Mother's custody,
E. The Father shall have custody of the Child on the weekend
of JWle 7-8, 1997 from Saturday at 10:00 a,m, Wltil
Sunday at 6:00 p,m,
F. The Father shall also have custody of the Child on
Father's Day, June 15, 1997 fran 10:00 a,m, Wltil 6:00
p.m.
G, The Father shall have custody of the Child on alternating
weekends from Saturday at 10:00 a,m, Wltil the following
l'lOnday at 1:00 p,m, begiMing June 21, 1997 and
continuing on an ongoing basis thereafter in addition to
the ongoing period of custody every Wednesday from 11:00
a.m. Wlti1 1:00 p.rn,
4. If one party feels that the Child is not ready for overnight
periods of partial custody by the dates scheduled in this Order, the
parties shall atteapt to modify the schedule in the best interest of the
Child by RItual agreement, If the parties are unable to resolve their
dispute by agreement, either party may contact the Conciliator for the
purpoee of scheduling a second Conciliation Conference prior to initiation
of overnight pllrtia1 custody,
5. The parties agree to continue their cooperative effort to
Illllke arrang--.t.s for 8lmller vacations and holidays which are not addressed
in this CXder.
6. Neither party shall use alcoholic beveragea or illegal
drugs/SlDtanceS when the Child is in his or her custody.
7. This Order is entered pursuant to an a."hament of the parties
at a Custody Conciliation Conference. The partiea may modify the
pc'OViaions of this Order by RItual ccnaent. In the abeence of RItual
~t, the tems of this Order ehall control.
/
BY THE o:lRT, , /
/. "
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J.
cc: SelId1:. L. "'Uton, Ellcpire - CtlunMl fOC' ht.hec' _ ('......0.....' ....-....!..<.
,)":'nph L, Ki tchinrJt , Ellcptn - COunsel fOC' Mother .',
'/:J:J./97
,
...1 ,,, .
STEVE NIClfOLS, , IN TIlE CXXJRT OF c:nlMOO PLEAS OF
.
Plaintiff , 0l'IBERLAN0 CXXlNTlC, PENNSYLVANIA
.
.
.
va. , 00. 96-5205 CIVIL TERM
.
,
,
KYLA ~, , CIVIL ACTIOO - LAW
.
Defendant . OJSTCDY
,
............x CX1C1LL\1'ICIC SOIIARlr idlKlct
D JaXJa:IAII::B If1'1'II a--- '\II) \,IolUU;1. lU.I!: or CIYIL l'R(lo ~ 'IIlJl
1915.3-8, the undersigned cuatody conciliator autmita the following repcxt:
1. 1'he pertinent information oonc:eming the Child who ia the SItlject
of thia litigation ia as followa:
-
-
MDt or BIRl'II
o.....IW'ft.y D -....-~ or
Arye DlIniel fIOyK
AIJluat 1, 1995
Dlfendant/Mother
2. A 0:n:i1iation Conf_1Oe waa held on Januacy 15, 1997, with the
following indiviclJala in att8'ldlnce: 1'he Fatt.r, St.n Nichola, with hia
counae1, S8nck'a L. MeUton, Ellquite, and the Mother, Kyle Moyer, with her
counael, JoCllph L. Hitchings, Ellquite.
3. 1'he p....ti_ t9'eed to entry of an Order in the foal as attached.
~..<o 17'l /991 oa:~
CUatody OCncUiatot:
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STEVE NICHOLS, , IN THE COURT OF COMMON PLEAS OF
,
Plaintiff/Respondent , CUMBERLAND COUNTY, PENNSYLVANIA
,
,
,
VB, , NO, 96-5205 CIVIL TERM
,
CIVIL ACTION - LAW
KYLA MOYER, ,
,
Defendant/Petitioner , CUSTODY
,
ORDO 01' COURT
You, , are ORDERED to appear in
person before fY\\oJt\ ~ "....\!:\'{ 1 Rg.:..' conciliator, at
~q \...1'"j\. rv."\'~S+ , Mi'(I'{nl{\~'
Pennsylvan a, on ""("\~ .::l~q1 at
Q :no o'clock a,lI /p,lI. for a custody Mediation
Conference.
If you fail to appear as provided by this Order, an Order
for CUstody say be entered against you or the Court may issue a
warrant for your arrest,
YOU SHOULD TAItE 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, 4TH FLOOR
ctlMBERLAND COUMTY COURTHOUSE
1 COURTHOUSE SQUARE
CAkLISLI, PENNSYLVANIA 17013
TELEPHONE: 240-6200
FOR THE COURT.
Date of Orderl
41l..bl
8yt,
&(
4
,
vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-5205 CIVIL TERM
STEVE NICHOLS,
Plaintiff/Respondent
KYLA MOYER,
Defendant/petitioner
CIVIL ACTION - LAW
CUSTODY
PBrITIOH .OR KODI.ICATIOH OR SUSPENSIOH O. PARTIAL CUSTODY
AND NOW COMES Defendant/Petitioner, Kyla Moyer, by and through
her attorney, Lori K, Serratelli, Esquire, and the law firm of
Serratelli, Schiffman, Brown and Calhoon, P,C., who petitions this
Court to modify or suspend the partial custody periods of
Plaintiff/Respondent, Steve Nichols, as avers as follows:
1, Defendant/Petitioner is Kyla Moyer, who currently resides
at 402 Reservoir Road, Mechanicsburg, PA 17055,
2, Plaintiff/Respondent is Steve Nichols, who currently
resides at 510 Brandt Avenue, Apt, B, New CUmberland, PA 17070,
], The ainor child is Arye Daniel Moyer, born August 1, 1995,
4, A CUstody Conciliation Conference was held January 15,
1997 before Dawn S. Sunday, Esquire, custody Conciliator,
5, An Order dated January 21, 1997 vas issued grantinq
Plaintiff/Respondent periods of partial custody on a gradually
incr.a.inq schedul.,
6, On or about January 1, 1997 PlaintUf/Respondent relocated
to a on. bedroce apart..nt in Nev CUaber 1 and , the address stated
above,
7, Plaintiff/Respondent resides in the one bedroom apartment
with the following persons:
Christina Leighty (girlfriend)
8, The current living arrangements
Respondent are not suitable for the minor
jeopardize the welfare of the minor child,
9, Plaintiff/Respondent has exhibited a basic lack of
understanding how to care for a baby in the presence of
Defendant/Petitioner in that Plaintiff/Respondent has given the
subject ainor child adult-size eating utensils and whole grapes, on
which the subject ainor child could choke very easily
10, Defendant/Petitioner has, through her attorney, requested
that Plaintiff/Respondent attend a parenting prograa to help hie
better understand how to care for a small child,
11, Plaintiff/Respondent to date has refused to attend a
parenting proqraa,
12, Plaintiff/Respondent has addressed Defendant/Petitioner
in a ho.tiie ..nner, and has loudly and boi.terously sworn
profainly at Defendant/Petitioner in the presence of the subject
einor child,
WHEREFORE, Defendant/Petitioner respectfully request. that
this Monor.ble Court:
.. Order Plaintiff/Respondent to attend parentlng
cl..... to better \anderstand how to care for the SUbject einor
child,
of the
child
Plaintiff/
and would
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STEVE NICHOLS, , IN TIlE CXlURT OF CXl1foDI PLEAS OF
,
Plaintiff , CUMBERLAND COONTY, PENNSYLVANIA
,
,
,
vs, , NO. 96-5205 CIVIL TERM
,
.
.
KYLA 1tJrm, . CIVIL ACTION - LAW
,
Defendant , IN CUSTOOY
,
ClUlI!R (:I axm
A\ItD 101, this S" day of
upon oonaideratiaa of the attaehed CUStody
ordered and directed u follows:
~ ' 1997,
Cone at en Report, it is
1. This Court's prioc Otder dated January 21, 1997 is vacated
and replaced with this Order,
2. The Mother, Kyla !lOyer, shall have sole legal custody of Arye
Daniel Ml:lyw, born August 1, 1995, until auc:h tiN as the weItend overnight
partial custody IlChedule UI iql!eIIleIlted pursuant to this Otder. Upon
iq>l_tatien of the overnight partial custody schea1le, the Father, Steve
Nichols, and the Mother shall have Ihared legal custody of the alild.
3. The Mother shall have prilnary !=hYSical custody of the OIild,
4. The r.ther shall have partial physical custody of the OIild
aa the fo11owiRl schea1le:
A, The r.ther shall have parti.l custody of the OIild every
ItOnday and Wednuday frail 10:00 a... untU 1:00 p...
8. f'raD Saturday, May 10, 1997 through Sunday, June 22, 1997
duriRl alternatiRl ~1l;ends aa Saturday frail 10:00 ..., until
6:00 p... and Sunday fE'Clll 10:00 ..., until 6:00 p..., with
the ellc.ptiaa of Mother'. DIy ("-1 11, 1997) en which the
Olild aha11 ~in in the 1tOthK'. custody,
C. The rather shill haw custody of the OIild Cll'I the WHlttfd of
July 5 - 6, 1997 fE'Clll Saturday .t 10:00 .,.. until SlnBy .t
5:00 p...
o. The rather .11 .1110 haw cuatody of the OIlld aa rathec".
Day, June 15, 1997 from 10:00 .,.. un':il 6:00 p...
I. The ratMe' ahall haft cuatod't of the OIUd Cll'I .lternetil'l)
'''ltl--.d from Satucdlr .t 10:00 .,., until the followirq
!'bdl., at 1:00 p.., beqim11'1) July 19, 1997 and contilluing on
an cnJOirq baai. u.-ft... in tdUtion to the ongoll'l)
~loda of cuatody evwy li/Iii4AI.li.y ft'Olll 10100 .,.. until 1:00
p.m, and on Mondays fran 10:00 a,m. until 1:00 p,m, when the
Father does not otherwise have custody under the alternating
weekend schedule,
5. In the event the Father is not able to exercise hill period of
custody on saturdays fran May 10 through June 21, 1997 due to his work
schedule, the Father shall notify the Mother as soon lL!l possible and the
parties shall cooperate in rescheduling the Father I s period of saturday
custody during an interim weekend,
6, '1'he parties shall share or alternate custody of the OIild on
holidays as follows:
A. OlristmlL!l - The Olristmas holiday shall be divided into
Segment A, which shall run fran Olristmaa Eve at 12:00
noon until Olristmas Day at 12:00 noon, and Segment B,
which shall run fran Christmas Day at 12:00 noon until
Deceatler 26 at 12:00 noon. 'l1le Mother shall have custody
of the O1i1d during Segment A in odd nl.JriJered years and
during Segment B in even n\lllt)ered years, The Father
shall have custody of the OIild during Segment A in even
lUltlered years and during Segment B in odd nUllDered
years.
B. New Years - '1'he New Years holiday shall be divided into
~t A, which shall run fran New Years Eve at 12:00
noon until New Years Day at 12:00 noon, and SegaIeClt B,
which shall run fran New Years Day at 12:00 noon until
January 2 at 12:00 noon, 'nle party who has custody of
the Olild durin} Segment B over the ChristNs holiday
iaDediately pnceding the New Years holiday shall have
custody of the O1Ud during Segment A for: the New Years
holiday and the other party shall haw custody during
~ +-It B.
c. ~ivi.!?l - The parties shall share custody of the
Olild on 'l'hankagiving Day in ewry year with the Itother
havinIJ custody of the OIild fran 9:00 a.., until 3:00
p,.. and the Father hav1n} custody of the Olild fraD 3:00
p... until 9:00 p.rn,
D, I!:ut<< sunday - In every year, the party who has custody
of the O1ild durin} the Eaater ~end undH' the ~1ar
custody actled1le shall have custody of the OIild on
~ SUnday frail 9:00 a,m. until 3:00 p,.. and the
other party .nall haft cuatody of the Ollld fran 3:00 p..
I.I\tll 9:00 p..,
E, ....,.,.1.1 lJeV/J'!ll 4th/lAbor: DIll. - 'l1le ...thee lIha11 ha..
custody of the O1ild on "-XiaI Dey and lAbor: OIy in cdlS
,ulbeud yHn and on July 4th in __ fII.Iltleted year..
'l1le I'IothIK' ...11 have cuRody of the O111d on July 4th In
Olti fl\llt)e(ed yMn and on fiIImOrl.1 Dey end lAbor: Dey In
ItYtn I'V.lftIi:lIKlId YMI'I, n. peeled of e\letody on ~ia1
STEVE NICHOLS, , IN THE CXlURT OF ~ PLEAS OF
.
Plaintiff , CUMBERLAND CXXlNTY, PENNSYLVANIA
.
.
.
va, , NO, 96-5205 CIVIL TERM
,
,
,
KYLA ""YER, . CIVIL ACTION - LAW
.
Defendant , IN cusrooy
,
PRICR JlIlGB: Bdgar B. Bayley
ammr CDlCILIAT1QI SlIIIllRY RIlI'CR1'
IN AaX'lU:wa NITH C1IlBIR.AND aum IU.8 ~ CIVIL I'M' ~ -IRB
1915,3-8, the underaigned OJstody Conciliator sul::mitB the following t~t:
1, The pertinent information concemirq the Olild wile> is the subject
of this litigation is as follOW1l:
-
-
DM'B CP BIRm
OIlRI!II'l'Ly IN Q.&~ or
Arye Daniel MoyItr
August 1, 1995
Defendant/Mother
2, A Mcond Conciliation Conference was held on Apr:il 29, 1997 with
the follovirq individuala in attendance: The Father, Steve Nichola, with
hill counael, Sandra L, fleilton, Esquire, and the /'IOther, Kyle Moyer, with
her counael, Lod K. sereat.lIi, Esquire,
oa~.J
3, ". parti.. 69t...,.;l to entry of an Order in the fOt1ll u attached,
la.~'s1&t. ..~~
Dawn S. y, Esqu
Olatody ConcUiatol-
~i}
.
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