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HomeMy WebLinkAbout00-01181 . '" MAR -32~ fYJA~1< E Po TfC16Ge.. , IN THE COURT OF COMMON PLEAS OF Plaintiff v. ~ -i~,}.">.''''' : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. _- J/~/ CIVIL TERM : Defendant CUSTODY PAIlLli /.\ fb T7CJ66ie.... ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before \::)1........-.,,,, ~\ ~<.(j. , the conciliator, at 'I~ 3"'1 \J, lli,I'-S\', i~<'\..m\0,~ on the 'S day Of~'l ~, at O',~C) ~.m., 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, ~\k~0,,~.UJ1\"'Cb.A OJ. Custody conciliator~~ 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. COURT A NISTRATOR, 4 LOOR CUMBERLAND URTHOUSE CARLISLE, VANIA 17013 TELEP NUMBER: 717) 240-6200 Lumbe."("\"t",d CD0n~ ~'(" PrSSoc. ~ L-i Ioe.'('~ A\l~v-e.. tA(,\\$4...... ~:A \'1DI3 dY'l-31 <.>(0 30 '--J! ~ I' d, .. - --~*"~,. "",~~', -- _""_ _u...._ b" -l<....~ '''C'''''i!''.....,.'''~~'~_~g . - '". 1-, ~""" ""'""" .1' _ ". FILE[)'vFFICE 01, ,,':- 'y)rw',rn'I01'ARY . , '" I , ,'---, i i t'~'l' tJ 00 f'H\R -9 fiN 3: 22 CUM8~F1LAND COUN1Y PENNSYLVANIA I 3. ~1_&tJ dd- ~~ -1;;40/-1# 34.~?tJ ~ ~ .~. 4 ~ ~ w ~" ,,"" . --"~ ~ : IN THE COURT OF COMMON PLEAS OF , Plaintiff . . v. CUMBERLAND COUNTY, PENNSYLVANIA : ;J I:rVV - /1J'f : NO.~ CIVIL TERM , Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is W\AEl.~ E il>Cn I €1G.E:.~, residing at 3~S IV ,'t-nf S:~E.G.\ ~I> ~\u... ~A. \(0\\ 2. The Defendant is 'pAULA ~ f>oT"TT.:.\ 6E./L , residing at 1~4 TElCAc.o RoA.~ ME~t-lIc.s.E.UR.6 ~ nCrr 3. Plaintiff seeks (custody) (paxtial e~~t6a~)(visitatiQR) of the following child(ren): NAME SCA~ M PO~l~~ LEA. L '?O-rre.\c,EJ~. PRESENT ADDRESS AGE s;rL II C..:uSlDt:.y ~E~E..E..~ ~ME:.S. 1\ ~ The child(ren) wes7was not born out of wedlock. The child (ren) is presently in the custody of (1011\ F>AR.GNT'S. , ~ EQvALL'1 'GE;.1W5.6N ~ME.$ During the past five years, the child(ren) has resided with the following persons and at the following addresses: LIST ALL PERSONS IVIAR\<.. E POTTE;.\.""E:.~ Yf\\)LA. \:) POile.\.c,e~ ADDRESSES DATES ~f~ tV V:plt:~-\-C f\~ \-.{\ L'-~ \leI \ 18'4 TEl(/\cn ~ M€:\t.\-\ p/\ I~'SJ 2-1 Iz._ 2-1) z... The mother of the child(ren) is J'A\lLA.D fu~\GE.\'L 2..2. "><, ~'-'-"-'".".,.,... currently residing at ...J.~4 \' tJ<.<\.c..c. ~~ l"\~A.t-l\t:...~e,\l~ ~A. noo::s- She is (Bin~l~) (maF~icJ) (divorced) . ~ The father of the child(ren) is IV) A~\<.. ~ 1t>~\Ge:R.. currently residing at ~~ N \Cp:t:t- ~IRE.\\:.\ CA.Nf> ~\- p" J")e\\ He is (eift~l~)(marri~d)(divorced). 4. The relationship of Plaintiff to the child(ren) is FA 1l-IE.R., The Plaintiff currently resides with: NAME LoR.\ ~A.L"-iU~,-,\ IY\E~AN <;'f\L\I\)~\ RELATIONSHIP 'F\ f.\~~e. r\~~,=:.i s hA. \.)(;. \\c\~ 5. The relationship of Defendant to the child(ren) is N\ \::) ll-\ ~~ The Defendant currently resides , with: NAME :n IV) RELATIONSHIP E. \ S. E.N ~\)R.. [30~~\~':::. 6. Plaintiff (aasl(has not) participated as a party or witness, or in another capacity, in other litigation concerning the custody of this minor child(ren) in this or another court. The court, term and number, and its relationship to this action is: Plaintiff ~(has no) information of a custody proceeding concerning the child (ren) pending in a court of this 27 ~ ~=~ . ."0",.. . Commonwealth. The court, term and number, and its relationship to this action is: Plaintiff ~"vw~) (does not know) of a person not a party to the proceedings who has physical custody of the child(ren) or claims to have custody or visitation rights with respect to the child(ren). The name and address of such person is: 7. The best interest and permanent welfare of the child (ren) will be served by granting the relief requested because: TD ES1J\BUS~ STAaLE. R~S: \,t)~~CL 8. Each parent whose parental rights to the child(ren) have not been terminated and the person who has physical custody of the child(ren) have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child(ren) will be given notice of the pendency of this action and the right to intervene: NAME BASIS OF CLAIM ADDRESS WHEREFORE, Plaintiff requests this court to grant (custody) (~~m~~EaEY ea8~8ay) (.isiluL~v,,) of the child(ren) to the Plaintiff. Respectfully submitted, IJ~/~:'</ko Date I / ft( ~j C7:!L~~ .. 28 'F'''''. . j '.' .. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. /lfLE~/' 29 ,~-"" . , '.. '--' "TO- ~-"~~ 0 0 ~ \~ c: 0 s: ~ :r "Jro mm ::u m::!.1 Z:v i8~ t5~ I ::$2: ~ ~ ~o -0 =;j~ ~8 :x o-H -~o (0 ~ 5>c ta Ofn ~ ~ :.> ~ ",.. -< _!<;!!!"'ffi""""""'~~"'~, ~~_.. ~~~~ ..~~.... "~~r~'''"'7''1 , "';3i '" , ,~"",.~~J~~ ,~,,~ .. . MARK E. POlTEIGER, Plaintiff : IN THE OOURT OF OOMMON PLEAS OF : CUMBERLAND OOUNTY, PENNSYLVANIA : vs. : NO. 00-1181 CIVIL TERM : PAULA D. POlTEIGER, Defendant : CIVIL ACTION - LAW : IN CUSTODY OODER OF CXXlRT AND Nai, this II jAI\. day of ,vi ~ consideration of the attached CUstody Concili tion and directed as follows: , 2000, upon Report, it is ordered 1. The Father, Mark E. potteiger, and the Mother, Paula D. Potteiger, shall have shared legal custody of Sean M. potteiger, born March 6, 1989, and Lea L. potteiger, born November IS, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. During the school year, the Mother shall have primary physical custody of the Children beginning one week before the first day of school. The Father shall have partial physical custody of the Children during the school year on two out of every three weekends from Friday at 7:00 p.m. through SUnday at 5:30 p.m. The Father's weekend periods of custody under this provision shall begin each year on the first weekend after the start of the school year, beginning with the 2000-2001 school year. B. During the summer school break, the parties shall share having custody of the Children on an alternating weekly schedule, under which the parties shall exchange custody of the Children every Friday at 7:00 p.m. The alternating weekly schedule shall begin each summer with the Father having custody on the first Friday after the end of the school year. C. For the year 2000 only, the parties shall alternate having custody of the Children on a weekly basis beginning with the Mother having custody on Friday, May 5. In subsequent years, the alternating weekly schedule shall begin the first Friday after the end of the school year as provided in sub-paragraph B. 3. Until the Father's planned move to southern York in June, 2000, the party receiving custody of the Children on Fridays shall pick up the Children at the Y.M.C.A. program after school or at their summer program after the school year ends. After the Father's move to southern York in "~~- "" ~ .' June, 2000, the parties shall exchange custody of the Children at Deb's Diner at the Newberrytown Exit off route 83, unless otherwise agreed between the parties. 4. The parties shall share or alternate having custody of the Children over holidays as follows: A. CBRISTMl\S: In every year, the Mother shall have custody of the Children fran Christmas Eve at 3:00 p.m. through Christmas Day at 12:00 noon and the Father shall have custody from Christmas Day at 12:00 noon for a period of three days or until the Father returns to work, whichever occurs first. The specific time for exchange under this provision shall be arranged by agreement of the parties. B. EASTER: The Mother shall have custody of the Children for their entire Easter holiday break each year. C. THANKSGIVING: The Father shall have custody of the Children for their entire Thanksgiving holiday break fran school each yea):'. D. MEMClUAL DAY/LABOR DAY: The Mother shall have custody of the Children every year over the Memorial Day holiday from Friday through Monday and the Father shall have custody of the Children every year over the Labor Day holiday from Friday through Monday. E. i'J()J.'I:IJ>t('S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day from 9:00 a.m. until 6:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 6:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The non-custodial parent shall be entitled to have reasonable and liberal telephone contact with the Children. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. ~J~ ..:5-/1-00 RK~ cc: Maria P. cognetti, Esquire - Counsel for Mother Mark E. potteiger, Father '."<1 ~~-~I ~-llii1$rTT ...J..MlmJ<llllJ:i~hW~;o.'>ll'l' ~, ~ - ~'-' . , " "'1 ._''1lI'l'~ . -' FILED-0~FICE OF 1'ri~: onOF~ONOTNW 00 M,~Y II AM II: 59 CUI,rii3EFLAND COUN1Y PENi\ISYLVANIA ~ MARK E. POl'TEIGER, . IN THE OOURT OF OOMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1181 CIVIL TERM . . PAULA D. PO'l'l'EIGER, : CIVIL ACTION - LAW Defendant : IN CUSTODY CUSTODY <niICILIATICJ!iI SUMMARY REPCET IN ACCCIIDANCE WITH CUMBERLAND CXXlN'.lY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sean M. potteiger Lea L. potteiger March 6, 1989 November 15, 1993 Mother/Father Mother/Father 2. A Custody Conciliation Conference was held on May 3, 2000, with the following individuals in attendance: The Father, Mark E. Potteiger, who was not represented by counsel, and the Mother, Paula D. Potteiger, with her counsel, Maria P. Cognetti, Esquire and Julie McConahy, Esquire. 3. The parties agree to entry of an Order in the form as attached. Da~ l.:r. ~ ~,~.~ Da S. Sunday, Esquire Custody Conciliator '''''- '"T r" ~~