HomeMy WebLinkAbout00-01181
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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
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CUM8~F1LAND COUN1Y
PENNSYLVANIA I
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: 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
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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 /
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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.
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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
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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.
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cc: Maria P. cognetti, Esquire - Counsel for Mother
Mark E. potteiger, Father
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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
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