HomeMy WebLinkAbout00-01220
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 010 ~ \ d-).,O
~~
MAay E. GRIFFIN,
Plaintiff
.
.
KEVIN M. GRIFFIN,
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is
hereby directed that the parties and their respective counsel
appear before , the Conciliator, at
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of ,:,\(l~ , 2000, at () ~.m., for a Pre-Hearing
Custody~onference. At such Conference, an effort w111 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:
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Custody Conciliator ' l~)
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, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by
law to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the Court, please contact the office set forth above. All
arrangements must be made at least 72 hours prior to any hearing or
business before the Court. You must attend the scheduled Conference
or Hearing.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MARY :E. GRIFFIN,
Plaintiff
.
.
v.
: NO. C90-1^~O
~~
:
KEVIN M. GRIFFIN,
Defendant
.
.
IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, this
-W-day of ~.a~
, 2000, comes the
Plaintiff, MARY E. GRIFFIN, by and through her attorney, Maryann
Murphy, Esquire, of Legal Services, Inc., and respectfully files
this Complaint for Custody, and in support thereof avers as
follows:
1. The Plaintiff is MARY E. GRIFFIN who currently resides at
183 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania.
2. The Defendant is KEVIN M. GRIFFIN who currently resides
at 1358 Grandview Court, Carlisle, Cumberland County, pennsylvania.
3. The Plaintiff seeks primary physical and shared legal
custody of the following children:
ADRIENNE GRIFFIN, born December 10, 1989
KAYLIN GRIFFIN, born January 22, 1992
and
FREDDA GRIFFIN, born August 28, 1996
4. Adrienne was born out of wedlock. Kaylin and Fredda were
born in wedlock. They currently reside with the Plaintiff.
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5. During the lifetime of the children, they have resided at
the following addresses with the following persons:
Time
birth-1991
Address
Killeen, Texas
with Whom
Plaintiff/Defendant
1991-1994
Missouri
Plaintiff/Defendant
1994-1996
Ohio
Plaintiff/Defendant
1996-1997
Kentucky
Plaintiff/Defendant
1997-1998
Chambersburg, PA
Plaintiff/Defendant
1998-9/99
328 Farmington
Shippensburg, PA
plaintiff/Defendant
9/99-11/99
183 Rustic Dr.
Shippensburg, PA
plaintiff/Defendant
11/99-present
183 Rustic Dr.
Shippensburg, PA
Plaintiff
6. The father of the children is KEVIN M. GRIFFIN. He is
married to Plaintiff.
7. The mother of the children is MARY E. GRIFFIN. She is
married to Defendant.
8. The children currently reside with Plaintiff.
9. The Plaintiff has not participated as a party or witness,
or in any other capacity, in other litigation concerning the
custody of the children in this or any other Court, except as set
forth above.
10. The Plaintiff has no information of a custody proceeding
concerning the children pending in a Court of this Commonwealth.
11. The Plaintiff does not know of a person not a party to
the proceedings who has physical custody of the children, or claims
to have custody or visitation rights with respect to the children.
12. Each parent whose parental rights to the children have
not been terminated, and the persons who have physical custody of
the children, have been named as parties to this action. There are
no other persons known to have or claim a right to custody or
visitation of the children and therefore, no further notice of the
pendency of this action and the right to intervene shall be given,
other than to the parties named herein.
13. The best interest and permanent welfare of the minor
children will be served by granting Plaintiff primary physical and
shared legal custody.
11
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WHEREFORE, Plaintiff requests this Honorable Court to
grant her primary physical and shared legal custody of ADRIENNE,
KAYLIN and FREDDA.
Respectfully submitted,
Maryan Murphy,
Legal Services,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I.D. # 61900
Attorney for Plaintiff
VERIFICATION
I, MARY E. GRIFFIN, verify that the statements made in
the foregoing Custody Complaint 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,
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MARY E. GRIFFIN
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MARY E. GRIFFIN,
Plaintiff
VB.
: NO. () 0 - I;). ~ 0
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KEVIN M. GRIFFIN,
Defendant
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Maryann Murphy, Esquire, do hereby certify that on the
day of
, 2000 I served a true and correct copy
of the foregoing Custody Complaint on the Defendant, KEVIN M.
GRIFFIN at the address set forth below, by placing a copy of same
in the United States Mail, postage prepaid, certified/restricted
delivery.
Kevin M. Griffin
1358 Grandview Court
Carlisle, PA 17013
Respectfully submitted,
Maryann urphy,
Legal Services,
8 Irvine Row
Carlisle, PA 17013
(717) 540-8600
LD. # 61900
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MARY E. GRIFFIN,
Plaintiff
00 -/.2,;1.0
: NO.
v.
: IN CUSTODY
KEVIN M. GRIFFIN,
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
~~
Kindly allow, MARY E. GRIFFIN, Plaintiff, to proceed in forma Dauperis.
I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding
in forma pauperis, certifY that I believe the party is unable to pay the costs and that I am providing
free legal services to the party. The party's affidavit showing inability to pay the costs of
litigation is attached hereto.
~&qWre
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I.D. # 61900
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MARY E. GRIFFIN,
Plaintiff
: NO.
v.
: IN CUSTODY
KEVIN M. GRIFFIN,
Defendant
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am MARY E. GRIFFIN, Plaintiff in the above matter and because of my financial
condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action
or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: MARY E. GRIFFIN
Address: 183 Rustic Drive. Shiooensburg. PA 17257
(b) Social Security Number: 183-56-7968
If you are presently employed, state
Employer: Towne Cleaners
Address: 111 West King Street. Shipoensburg. PA 17257
Salary or wages per month: $ 1352.00
Type of work: Dresser
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If you are presently unemployed, state N/A
Date oflast employment: N/A
Salary or wages per month: N/A
Type of work: N/ A
(c) Other income within the past twelve months
Business or profession: -0-
Other self-employment: -0-
Interest: -0-
Dividends: -0.
Pension and annuities: -0-
Social Security benefits: -0-
Support payments: -0-
Disability payments: -0-
Unemployment compensation and
supplemental benefits: -0-
Workman's compensation: -0-
Public Assistance: -0-
C>ther: -0-
(d) Other contributions to household support NONE
(Wife)(Husband) Name: N/A the Darties are separated
If your (husband) (wife) is employed, state
Employer:
N/A
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Salary or wages per month: N/A
Type of work: N 1 A
Contributions from children: -0-
(e) Property owned
Cash:
Checking Account:
Savings Account:
$10.00
$50.00
$15.00
Certificates of Deposit: -O-
Real Estate (including home): unknown eauitv. purchased 9/98 (trailer)
Motor vehicle: Make Pontiac Sunbird
Cost approx. $2.000.00
Stocks; bonds: -0-
Other: -0-
Year
1991
Amount owed -0-
(t) Debts and obligations
Mortgage: $380.25
Rent: -0-
Loans: $80.00
Monthly Expenses: $1.237.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name: N/A
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Children, if any:
Narne: Andrienne Age: 10
Name: Kaylin Age: 8
Name: Predda Age: 3
4. I understand that I have a continuing obligation to inform the court of improvement in
my financial circumstances which would permit me to pay the cost~ incurred herein.
5. I verifY that the statements made in this affidavit 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.
Date:~
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MARY E. GRIFFIN
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA
CIVIL ACTION - LAW
MARY E, GRIFFIN,
Plaintiff
: NO. 00-1220 Civil Term
v.
KEVIN M. GRIFFIN,
Defendant
IN CUSTODY
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AND NOW, this C( tl day of..M 71 ,2000, upon consideration o~ att;ed~~
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Stipulation for Entry of a Custody Order, IT IS HEREBY ORDERED AND DECREED that
custody and partial custody with respect to the minor children: ADRIENNE GRIFFIN, born
December 10, 1989; KA YLIN GRIFFIN, born January 22, 1992; and FREDDA GRIFFIN, born
August 28, 1996, is awarded as follows:
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The parties shall share legal custody of the minor children.
Plaintiff shall have primary physical custody of the minor children.
Defendant shall have partial physical custody of the minor children only when he is not
working. Defendant shall not have overnight visits until he has a residence of his own and adequate
accommodations for the children to sleep.
When Defendant is not working, he shall have the minor children on the first three (3)
Sundays of every month from I :00 p.m. until 6:00 p.m. Defendant agrees to give Plaintiff seventy-
two (72) hours notice ifhe is working on those Sundays and is, therefore, unable to have the minor
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children. If possible, and if Plaintiff has no other plans for the minor children, she agrees to give
Defendant a make-up Sunday during that month.
In addition, Defendant shall have the minor children on one (I) Saturday every month from
1 :00 p.m. until 6:00 p.m. when he is not working and not at Reserves. After Defendant h~ a
residence of his own, and when he is not working or at Reserves, he shall have the minor children
overnight on one (1) Saturday every month from I :00 p.m. until Sunday at 6:00 p.m. Defendant shall
give Plaintiff as much notice as possible which Saturday of the month he will exercise his period of
custody.
By mutual agreement of the parties, Defendant may have additional or alternative periods of
partial custody.
4. While in the presence of the children, neither party shall make, or permit any other
person to make, any remarks or do anything which could in any way be construed as derogatory or
uncomplimentary to the other party. It shall be the expres~ duty of each party to uphold the other
party as one whom the children should respect and love.
S. Each party shall provide the other with a current telephone number and address where
the children will be staying.
6. The parties shall communicate directly with one another, not through third persons,
regarding the children.
7. Neither party shall have overnight guests of the opposite sex during their periods of
custody with the minor children until the divorce is final.
8. The following holidays shall be alternated between the parties each year; E~ter,
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Memorial Day, the Fourth of July, Labor Day and Thanksgiving. The hours shall be from 10:00 a.m.
until 6:00 p.m. unless otherwise agreed by the parties.
In 2000 and in all even years thereafter, Plaintiff shall have Easter, the Fourth of July and
Thanksgiving, and Defendant shall have Memorial Day and Labor Day.
In 2001 and in all odd years thereafter, Defendant shall have Easter, the Fourth of July and
Thanksgiving, and Plaintiff shall have Memorial Day and Labor Day.
In the event that Defendant is working during any of his holidays and is, therefore, unable
to have the children, Plaintiff agrees to reasonably accommodate Defendant's work schedule in
selecting another day or time for Defendant to be with the children.
9. Plaintiff and Defendant shall share Christmas each year. Defendant shall have every
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Christmas Eve from 9:00 a.m. until 6:00 p.m., and every Christmas Day from 3:00 p.m. until 5:00
p.m.
Plaintiff shall have every Christmas Day except for the period of time scheduled for
Defendant to see the minor children in the afternoon.
In the event that Defendant is working during his Christmas period of custody and is,
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therefore, unable to have the children, Plaintiff agrees to reasonably accommodate Defendant's work
schedule to enable him to spend at least one (1) full day with the children during the Christmas
holiday.
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10. Defendant ~hall have the minor children on Father's Day and Plaintiff shall have the
minor children on Mother's Day. The hours shall be from 10:00 a.m. until 9:00 p.m. unless otherwise
agreed by the parties.
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In the event that Defendant is working on Father's Day and is, therefore, unable to have the
children, Plaintiff agrees to reasonably accommodate Defendant's work schedule to enable him to
celebrate Father's Day on a different day or at a different time.
II. Plaintiff and Defendant shall each have the minor children for two (2) weeks every year
for summer vacation. These weeks need not be taken consecutively. The parties shall give each other
written notice of their chosen week(s) of summer custody by May 15th of each year, if possible. In
the event that both parties choose the same week( s) for summer custody, the party who gives fIrst
notice shall prevail.
12. Defendant agrees to provide all transportation for custody transfers.
13. Neither party shall take the minor children out of the Commonwealth of Pennsylvania
without prior notice to the other party. The party who is traveling out of the Commonwealth with
the children overnight shall provide a telephone number and address of their destination to the other
party prior to the trip.
14. Both parties ~hall have the opportunity to see the minor children on their birthdays. The
specific times shall be agreed upon between the parties.
15. The schedules for all holidays, vacations and special occasions shall take priority over
the usual weekly schedule.
16. Both parties shall permit reasonable telephone access between the children and the
other party. The children shall be permitted reasonable telephone access to place calls to each of their
parents while they are with the other.
17. By mutual consent of the parties, a revised schedule may be agreed upon between them
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for and in the best interests of the minor children,
18. This Order shall replace and supercede any and all prior Orders of Court or agreements
between the parties.
19. This Order shall remain in full force and effect until further Order of Court.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL V ANLA
CIVIL ACTION - LAW
MARY E. GRIFFIN,
Plaintiff
00-1220
Civil Term
v.
KEVIN M. GRIFFIN,
Defendant
IN CUSTODY
STIPULATION FOR ENTRY OF CUSTODY ORDER
The parties to this action, MARY E. GRIFFIN (hereinafter referred to as "MOTHER"), and
KEVIN M, GRIFFIN (hereinafter referred to as "FATHER"), desiring to arnicably settle and
resolve all outstanding issues concerning custody and partial custody with respect to the minor
children: ADRIENNE GRIFFIN, born December 10, 1989; KA YLIN GRIFFIN, born January 22,
1992; and FREDDA GRIFFIN, born August 28, 1996, hereby stipulate and agree to the entry of an
Order of Court awarding custody and partial custody of ADRIENNE, KA YLIN and FREDDA as
follows:
1. The parents agree that they shall share legal custody of the minor children.
2. The parents agree that MOTHER shall have primary physical custody of the minor
children.
3. The parents agree that F ATHER shall have partial physical custody of the minor
children only when he is not working. F ATHER shall not have overnight visits until he has a
residence of his own and adequate accommodations for the children to sleep.
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When FATHER is not working, he shall have the minor children on the first three (3)
Sundays of every month from I :00 p.m. until 6:00 p.m. FATHER agrees to give MOTHER seventy-
two (72) hours notice ifhe is working on those Sundays and is, therefore, unable to have the minor
children. If possible, and if MOTHER has no other plans for the minor children, she agrees to give
FATHER a make-up Sunday during that month.
In addition, FATHER shall have the minor children on one (l) Saturday every month from
1:00 p.m. until 6:00 p.m. when he is not working and not at Reserves. After FATHER has a
residence of his own, and when he is not working or at Reserves, he shall have the minor children
overnight on one (l) Saturday every month from I :00 p.m. until Sunday at 6:00 p.m. FATHER shall
give MOTHER as much notice as possible which Saturday of the month he will exercise his period
of custody.
By mutual agreement of the parents, FATHER may have additional or alternative periods of
partial custody.
4.
While in the presence of the children, neither parent shall make, or permit any other
person to make, any remarks or do anything which could in any way be construed as derogatory or
uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other
parent as one whom the children should respect and love.
5. Each parent shall provide the other with a current telephone number and address where
the children will be staying.
6. The parents shall communicate directly with one another, not through third parties,
regarding the children.
7.
The parents agree that neither of them shall have overnight guests of the opposite sex
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during their periods of custody with the minor children until the divorce is final.
8. The parents agree that the following holidays shall be alternated between them each
year; Easter, Memorial Day, the Fourth of July, Labor Day and Thanksgiving. The hours shall be
from 10:00 a.m. until 6:00 p.m. unless otherwise agreed by the parents.
In 2000 and in all even years thereafter, MOTHER shall have Easter, the Fourth of July and
Thanksgiving, and FATHER shall have Memorial Day and Labor Day.
In 2001 and in all odd years thereafter, FATHER shall have Easter, the Fourth of July and
Thanksgiving, and MOTHER shall have Memorial Day and Labor Day.
In the event that F ATHER is working during any of his holidays and is, therefore, unable to
have the children, MOTHER agrees to reasonably accommodate FATHER's work schedule in
selecting another day or time for FATHER to be with the children.
9. MOTHER and FATHER agree that they shall share Christmas each year. FATHER shall
have every Christmas Eve from 9:00 a.m. until 6:00 p.m., and every Christmas Day from 3:00 p.m.
until 5:00 p.m.
MOTHER shall have every Christmas Day except for the period of time scheduled for
FATHER to see the minor children in the afternoon.
In the event that FATHER is working during his Christmas period of custody and is,
therefore, unable to have the children, MOTHER agrees to reasonably accommodate FATHER's
work schedule to enable him to spend at least one (I) full day with the children during the Christmas
holiday.
10. The parents agree that FATHER shall have the minor children on Father's Day and
MOTHER shall have the minor children on Mother's Day. The hours shall be from 10:00 a.m. until
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9:00 p.m. unless otherwise agreed by the parents.
In the event that FATHER is working on Father's Day and is, therefore, unable to have the
children, MOTHER agrees to reasonably accommodate FATHER's work schedule to enable him to
celebrate Father's Day on a different day or at a different time.
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II. MOTHER and FATHER agree that each of them shall have the minor children for two
(2) weeks every year for summer vacation. These weeks need not be taken consecutively. The
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parents shall give each other written notice of their chosen week(s) of summer custody by May 15th
of each year, ifpossible. In the event that both parents choose the same week(s) for summer custody,
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the parent who gives first notice shall prevail.
12. FATHER agrees to provide all transportation for custody transfers.
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The parents agree that neither of them shall take the minor children out of the
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Commonwealth of Pennsylvania without prior notice to the other parent. The parent who is traveling
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out of the Commonwealth with the children overnight shall provide a telephone number and address
of their destination to the other parent prior to the trip.
14. Both parents agree that they shall each have the opportunity to see the minor children
on their birthdays. The specific times shall be agreed upon between the parents.
15. MOTHER and F ATHER agree that the schedules for all holidays, vacations and special
occasions shall take priority over the usual weekly schedule.
16. Both parents agree to permit reasonable telephone access between the children and the
other parent. The children shall be permitted reasonable telephone access to place calls to each of
their parents while they are with the other.
17. Both parents agree that, by their mutual consent, a revised schedule may be agreed
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upon between them for and in the best interests of the minor children,
18. The parents agree that this Agreement shall be submitted to the Court of Common
Pleas of Cumberland County, Pennsylvania for approval and for entry of an Order awarding custody
and partial custody as set forth herein, and the parents hereby request that this Honorable Court enter
such an Order.
IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody
Order on the date indicated below.
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MARYE. GRIFFIN
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MARY: E. GRIFFIN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. 00-1220
CIVIL TERM
:
: CIVIL ACTION - LAW
KEVIN M. GRIFFIN,
Defendant
:
: IN CUSTODY
<JIDER OF caJRT
AND ~, this 5th day of May, 2000, the Conciliator, being
advised by Plaintiff's counsel that all custody issues have been resolved
by agreement of the parties, hereby relinquishes jurisdiction in this case.
The CUstody Conciliation Conference scheduled for May 9, 2000 is canceled.
FOR THE COURT,
D~
CUstody Conciliator
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