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HomeMy WebLinkAbout02-5929ELIZABETH M. WILLIAMS, Plaintiff MICHAEL J. GRIGGS, JR., Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- 3~ q-) ff CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Elizabeth M. Williams, an adult individual currently residing at 17 B West Factory Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Michael J. Griggs, Jr., an adult individual currently residing at One North Baltimore Street, P.O. Box 115, Franklintown, York County, Pennsylvania 17323. 3. The Plaintiff is the natural mother of the child, Ebony Sage Griggs, born June 14, 2000. 4. The child was bom out of wedlock. 5. Since birth, the child has resided with the following persons at the following addresses for the following lengths of time: NAMF Elizabeth Williams Elizabeth Williams Michael Griggs Elizabeth Williams Michael Griggs ADDRESS 17 B West Factory Street Mechanicsburg, PA DATES January 2002 to present 17 B West Factory Street Mechanicsburg, PA June 2001 to December 2001 114 N. Washington Street Mechanicsburg, PA Birth to June 2001 The natural Mother of the child is the Plaintiff; who resides as foresaid. She is single. single. The natural Father of the child is the Defendant, who resides as foresaid. He is 8. The relationship of the Defendant to the child is that of natural Father. The Defendant currently resides with his girlfriend and girlfriend's two children. 9. The relationship of the Plaintiff to the child is that of natural Mother. The Plaintiff currently resides with the child. 10. The Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the child will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the child's well being. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, the Plaintiff, Elizabeth Williams, respectfully requests this Honorable Court to enter an Order scheduling the parties for a Custody Conciliation. Respectfully submitted, Date: Attomey for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION 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. § 4904, relating to unsworn falsification to authorities. E L I'ZAB E ~,~,~ ~,, Plaintiff ELIZABETH M. WILLIAMS PLAINTIFF MICHAEL J. GRIGGS, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5929 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, December 20, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January 10, 2003 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/ Hubert X. Gilroy, Esa. ~ 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 hearing 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 ELIZABETH M. WILLIAMS, Plaintiff MICHAEL J. GRIGGS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5929 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 19th day of December 2002, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Elizabeth M. Williams, and states that he had cause to be mailed a certified copy of a Complaint for Custody to the Defendant, Michael J. Griggs, Jr., by certified delivery, return- receipt requested. A copy of said receipt is attached hereto indicating service was made on December 18, 2002. Respectfully submitted, ~rt~ma~ S. Dlehl x,~ Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX Postage i-~ Certifie~l Fee -- Return Receipt Fee 1:::3 tcn~orsement Required) ._Re~.tricted Delivery Fee p:~morseme~ Required) · Complete items 1, 2, and 3. ~ ccm~e item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number crransfer fror. ~e~v/ce/ab~) 7002 0860 0001 PS Form 3811, August 2001 Domestic Return Receipt D, '1~ elMve~y address different from item 17 If ~, enter deiivery address below: 3. Service Type eg ertified Mail [] Express Mail istered [] Return Receipt for Merchandise [] Insured Mail [] C,O.D. 4. Restricted Del/very? (Extra Fee) 5850 6295 Delivery ~' -~ ,ry [] Yes [] No [] Yes --~ .35~ FEB 2 0 2 03 ELIZABETH M. WILLIAMS, Plaintiff MICHAEL J. GRIGGS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 592~ CIVIL IN CUSTODY COURT ORDER AND NOW, this day of February, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Elizabeth M. Williams, and the Father, Michael J. Griggs, Jr., shall enjoy shared legal custody of Ebony Sage Griggs, born June 14, 2000. 2. The Mother shall enjoy primary physical custody of the minor child. e The Father shall enjoy periods of temporary physical custody with the minor child as follows: On alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. On those weekends when Father is on guard duty, Father shall deliver the child to Mother while he is on duty. For a week in April, June, July, and August. The parties shall agree upon the time. Father shall also have one alternating weekend during those months, with the understanding that his one week timeframe shall be incorporated into a scheduled weekend visitation. Furthermore, the April week shall be handled such that Father must be off work that week in order to enjoy custody. Co Every other Monday, beginning February 17, 2003, from 9:00 a.m. until 7:00 p.m., when Father will pick up the child at the babysitter and Mother will pick up the child at Father's residence. In the event either parent's schedule changes preventing this Monday period of custody from occurring, Mother and Father will make every effort to arrange for an alternate weekday consistent with both of their schedules. D. At such other times as agreed. CC: Father shall have custody of the minor child on Father's Day and Mother shall have custody of the minor child on Mother's Day. This provision shall supercede all other provisions of this order. 5. The parties shall alternate physical custody on the following holidays: New Year's Day, Easter, Memorial Day, July 42, Labor Day, Halloween, Thanksgiving, Christmas Eve, Christmas Day and New Year's Eve. Mother shall have New Year's Day, Memorial Day, Labor Day, Thanksgiving and Christmas Day in odd numbered years with the Father having Easter, July 4t~, Halloween, Christmas Eve and New Year's Eve in odd numbered years. The parties shall alternate thereafter. e The parties shall have alternating physical custody of the child on the child's birthday at such times as agreed upon by the parties and as the parties deem appropriate. Transportation of the child shall be provided by both parents with the receiving parent picking the child up at the parent's residence or at the babysitter. This is a shared legal custody order such that both parties shall enjoy all rights with respect to the minor child to receive medical, educational and other pertinent information concerning the child. This order authorizes all educational facilities and health providers to provide to each parent individually information relating to the child. Each parent shall have the obligation of keeping the other parent informed with respect to all health and educational issues relating to the minor child and include the parent in decision making. e This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. 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. J. Margaret M. Simok, Esquire Thomas S. Diehl, Esquire ELIZABETH M. WILLIAMS, Plaintiff V MICHAEL J. GRIGGS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 592g CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8Co), the undersigned Custody Conciliator submits the following report: e The pertinent information pertaining to the child who is the subject of this litigation is as follows: Ebony Sage Griggs, born June 14, 2000. A Conciliation Conference was held on February 6, 2003, with the following individuals in attendance: The Mother, Elizabeth M. Williams, and the Father, Michael J. Griggs, Esquire. with her counsel, Thomas S. Diehl, Esquire; Jr., with his counsel, Margaret M. Simok, The parties agree to the entry of an order in the form as attached. SAIDIS SHUFF, FLOWER & LINDSAY ATIDI/I~S*AT*LAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH M. WILLIAMS, Petitioner Vo MICHAEL J. GRIGGS, JR., Respondent CIVIL ACTION - LAW No. 2002-5929 (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 Petition to Modify Custody and Notice are served, be 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 Petition or for any other clairn or relief requested by the Petitioner. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY ATfOP, NEYS*AT*IAW 26 W. High Street Carlisle, PA NOTICIA Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presemar una apariencia escrita o en persona o por abogado y archiver en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar una orden contra usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A LIN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 By: SAIDIS, SHUFF, FLOWER & L1NDSAY f Lj~ ay- ~ingy(9~ 19Ia4[y, E s quire ~ ~-~ktt6mey I.D.'No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Petitioner SAIDIS SHUFF, FLOWER & LINDSAY ATrOI/I~*AT*IAW 26 W. High Strt~t Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH M. WILLIAMS, Petitioner Vo MICHAEL J. GRIGGS, JR., Respondent CIVIL ACTION - LAW No. 2002-5929 (Civil Term) (In Custody) PETITION TO MODIFY CUSTODY AND NOW, this 30th day of April, 2003, comes Petitioner, Elizabeth M. Williams, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and files the following Petition to Modify Custody and in support thereof aw:rs as follows: 1. Petitioner, Elizabeth M. Williams (hereinafter referred to as "Beth"), is an adult individual who currently resides at 17 B 'West Factory Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, Michael J. Griggs, Jr. (hereinafter referred to as "Mike"), is an adult individual whose current mailing address is P.O. Box 115, 1 North Baltimore Street, Franklintown, York County, Pennsylvania. 3. Petitioner, Elizabeth M. Williams, is; the natural mother of one (1) minor child, Ebony Sage Griggs, bom June 14, 2000 (hereinafter referred to as "Ebony"). 4. Respondent, Michael J. Griggs, Jr., is the natural father of Ebony. 5. The child was born out of wedlock. 6. Petitioner has had primary physical custody of the child subject to Respondent's periods of visitation since the parties" separation on or about December 28, 2001. 7. separate and apart since that time. The parties separated on or about December 28, 2001, and have been living SAIDIS SHUFF, FLOWER & LINDSAY ATroIoalYSeATsLAW 26 W. High Street Carlisle, PA 8. The parties are the natural parents of the following minor child: Name Present Residence Age d/o/b Ebony Sage Griggs 17B West Factory Street 2 6/14/00 9. There was a Custody Complaint filed on December 12, 2002, at the above- referenced term and number. 10. The parties were able to reach an agreement at the Conciliation which was subsequently memorialized and entered as an Order on February 20, 2003. A copy of the February 20, 2003 Order is attached hereto as Exhibit "A" and incorporated is if fully set forth herein. 11. Pursuant to the Order, the child is presently in the primary physical custody of Petitioner, Elizabeth M. Williams. A copy of the February 20, 2003 Order (hereinafter referred to as the "Order"), is attached hereto as Exhibit "A" and incorporated is if fully set forth herein. 12. Pursuant to the Order, Petitioner and Respondent share legal custody of the child. A copy of the February 20, 2003 Order is. attached hereto as Exhibit "A" and incorporated is if fully set forth herein. 13. In addition to the child's present address, during the past five (5) years, the child has resided with the following people at the following addresses: Names Beth and Mike Beth and Mike Address Dates 114 North Washington Street Mechanicsburg, Pennsylvania 17B West Factory Street Mechanicsburg, Pennsylvania 6/14/2000 - June 2001 June 2001 - December 2001 Beth 17B West Factory Street December 2001 - Mechanicsburg, Pennsylvania Present SAIDIS SHUFF, FLOWER & LINDSAY ATTOP. I~YS*AT*LAW 26 W. High Street Carlisle, PA 14. The relationship of Petitioner to the child is that of natural mother. The Petitioner currently resides with the Child in their apartment located at 17B West Factory Street, Mechanicsburg, Cumberland County, Pennsylvania. 15. The relationship of Respondent to the child is that of natural father. The Respondent currently resides with his girlfriend, Leslie Wright, and her two (2) children, in his girlfriend's home located at 1 North Baltimore Street, Franklintown, York County, Pennsylvania. 16. Petitioner has no information of any other custody proceeding concerning the child pending in any court of this Commonwealth. 17. Petitioner does not know of any other person not any party to the proceedings, besides those who have been notified by this Petition, who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. Each parent whose parental rights to ~he child have not been terminated and the person who has physical custody of the child has been named as a party to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the child. 19. The best interests and permanent welfare of the child will be best served by granting the relief requested because: a) The Petitioner has had shared legal custody of the child since the child's birth; b) The Petitioner has had primary physical custody of the child since the child's birth; c) The Respondent has failed to place the child in a car seat on multiple occasions, when transporting the child for custody pta'poses; SAIDIS SHUFF, FLOWER & LINDSAY AT~OI/NL~*AT*LAW 26 W. High Street Carlisle, PA d) The Petitioner believes and therefore avers that the child was severely burned while in the custody of the Respondent and the Respondent failed to even notify Petitioner of the injury when he returned the child to her; e) The child volunteered the infi)rmation that the second-degree bums were "Daddy, boo-boo"; f) The nurse who saw the child in the Emergency Room believed that the bum was caused by the tip of an iron; g) The child has retumed from visitation with the Respondent with soaked diapers; h) The child has repeatedly returned from visitation with the' Respondent, complaining that it hurts and/or bums when she urinates; i) The child has repeatedly returned from visitation with the Respondent with severe diaper rash; j) The Petitioner is concemed tbr the safety and welfare of the child when in the care of Respondent and/or his girlfriend; k) The Petitioner does not want the child to be left alone with Respondent's live-in girlfriend, Leslie Wright; 1) Respondent recently acquired a job that requires that he leave his house no later than 6:00 a.m. and he does not return from work until between 5:30 and 6:00 m) n) p.m. in the evenings; The child's daycare facility does not open until 6:30 a.m.; Respondent does not return from his job until between 5:30 and 6:00 SAIDIS SHUFF, FLOWER & LINDSAY ATrOI/NL~J*AT*IAW 26 W. High Street Carlisle, PA o) The child's daycare facility is only open until 5:30 p.m. and they charge for every fifteen (15) minutes a parent is late for pick-up; p) Respondent was over four (4), months late in his child support and when Petitioner questioned him with regard to same, he told her that "his bills come first"; cO Respondent has repeatedly told the child he was going to call her and has repeatedly failed to do so; r) Petitioner recently lost her job due to her employer's shut-down; s) Petitioner began school on April 21, 2003 for medical billing and coding; t) Petitioner will be at school Mondays through Thursdays from 9:00 a.m. through 3:00 p.m.; u) The Petitioner provides the clfild with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; v) The Petitioner relationship with Respondent; would continue to foster an ongoing, loving w) The Petitioner continues to exercise parental duties responsibilities and enjoys the love and affection of the child; and x) Petitioner offers a stable home environment for the child. Petitioner requests that the following changes 29) arrangement: children; a) and be made to the custodial that Petitioner and Respondent continue to share legal custody of the b) that Petitioner retain Respondents periods of visitation, as follows: prixnary physical custody, subject to SAIDIS SHUFF, FLOWER & LINDSAY ATrOP, I~YS*AT*IAW 26 W. High SWeet Carlisle, PA i) Respondent would have custody of Ebony every other weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m. On the weekends when Respondent has Guard duty, he will deliver Ebony to Petitioner while on duty. Respondent will provide Petitioner with a photocopy of his weekend Guard schedule within five (5) days of his receipt of same; ii) Respondent would have custody of Ebony for one (1) week in June and one (1) week in August, provided, however, that Respondent must have off work and/or Guard Duty to enjoy his periods of custody. Additionally, Respondent will have one (1) alternating weekend during those months, with Lhe specific understanding that his one (1) week timeframes shall be incorporated into a scheduled weekend visitation. Respondent shall give Petitioner at least fourteen (14) days written notice of his intention to exercise his week-long visitations. In the event that either pmly planned to take Ebony out of this Court's jurisdiction for a week-long period of custocly, they would inform the other parent of contact information in case of an emergency. Additionally, either parent will allow reasonable telephone contact during these periods of week-long custody; iii) Until Ebony begins school, Respondent would have custody of Ebony every other Monday, provided he has off of work, from 9:00 a.m., when Respondent would pick up Ebony from daycare, until 6:00 p.m., when Petitioner would pick Ebony up from the Respondent's residence. Iht the event that either parent's schedule changes prevent this Monday period of custody from occurring, Petitioner and Respondent will make every effort to arrange for an alternate weekday consistent with the terms and conditions above, and consistent with their respective schedules; iv) At other such times as agreed to by the parties; SAIDIS SHUFF, FLOWER & LINDSAY ATrOP. I~YS*AT*LAW 26W. High Street Carlisle, PA c) Respondent shall have custody of Ebony on Father's Day from 10:00 a.m. through 6:00 p.m.; Petitioner shall have custody of Ebony on Mother's Day from 10:00 a.m. through 6:00 p.m. This provision shall supercede all other provisions of this Order; d) During Christmas, commencing in 2003 and in odd-numbered years thereafter, Petitioner shall have the right of partial custody from December 24th at noon, or at the conclusion of school, through December 25th at noon (hereinafter referred to as "Segment A") and Respondent shall have the right of partial custody from December 25th at noon through December 26th at noon (hereinafter referred to as "Segment B"). During Christmas, commencing in 2004 and in even-numbered years thereafter, Respondent shall have the right of partial custody for Segment A, and Petitioner shall have the right to partial custody for Segment B. For Christmas custody exchanges, the party receiving the Child will pick up the Child from the other parties' home; and e) During Thanksgiving, commencing in 2003 and in odd-numbered years thereafter, Respondent shall have the right of partial custody from the Wednesday prior to Thanksgiving at noon, or at the conclusion of school, through Thanksgiving Day at noon (hereinafter referred to as "Segment A") and Petitioner shall have the right of partial custody from Thanksgiving Day at noon through Black Friday at noon (hereinafter referred to as "Segment B"). During Thanksgiving, commencing in 2004 and in even-numbered years thereafter, Petitioner shall have the right to partial custody for Segment A, and Respondent shall have the right to partial custody for Segment B. For Thanksgiving custody exchanges, the party receiving the Child will pick up the Child from the other SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEY~AT*IAW 26 W. High Street Carlisle, PA f) The parties shall altemate the following other holidays: New Year's Eve, New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, and Halloween. For the 2003 calendar year, and every odd-numbered year thereafter, Respondent shall have New Year's Eve, Easter, Forth of July, and Halloween (hereinafter referred to as "A Holidays") and Petitioner shall have New Year's Day, Memorial Day, and Labor Day (hereinafter referred to as "B Holidays"). For the 2004 calendar year, and every even- numbered year thereafter, Petitioner shall have the "A" Holidays and Respondent shall have the "B" Holidays. The rights of partial custody shall be exercised from 9:00 a.m. through 6:00 p.m. the day of the holiday. The party receiving the Child will pick up the Child from the other parties' home; and g) child's birthday at appropriate; h) The parties shall have alternating physical custody of the child on the such times agreed upon by ~the parties and as the parties deem Transportation for custody puq~oses shall be divided by the parties as equally as possible. In the event that there is no specific provision governing the custody exchange, above, the parent who is to receive custody at the time of the exchange to provide for transportation from the residence of the other parent. At all times, the Child shall be secured in appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to transporting the Child. No person transporting the Child shall be under the influence of any alcoholic beverages/illegal drugs while transporting the Child. Anyone transporting the Child shall be properly licensed by the Commonwealth of Pennsylvania; SAIDIS SHUFF, FLOWER & LINDSAY A~rORI~S.AT.LAW 26 W. High S~reet Carlisle, PA i) In the event that either party is more than thirty (30) minutes late for a custody exchange, in the absence of a telephone call or other communication from the parent transporting the Child, the other party may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the Child; j) Both parties are expected to use common sense in scheduling telephone calls to talk to the Child. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the Child, or preventing the Child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Child's schedule, or interfere with the custodial parent's period of custody; k) Each of the parties and any tlhird party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love, affection and respect for the other parent. The parties shall not use the Child to conw.~y verbal messages to the other parent about the custody situation or changes in the custody schedule; 1) In the event that a significant matter arises with respect to the medical care, education, or financial care of the Child such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other party before any change is made by either parent; SAIDIS SHIJFF, FLOWER & LINDSAY ATroRI~YS*AToLAW 26 W. High Street Carlisle, PA m) Each party shall confer with the other on all matters of importance relating to the Child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the Child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Child and the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the child will be in for a period in excess of seventy-two (72) hours, and for each person or entity which may provide daycare for the Child, excluding current daycare providers, relatives, or public school institutions; n) Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, any party then having custody of the Child shall immediately communicate with the other party by telephone or azny other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as l:~ractical. The term "serious illness" as used herein shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician; o) The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this custodial arrangement. Both parents are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues; SAIDIS SHUFF, FLOWER & LINDSAY ATTOR~.YS~AT*LAW 26 W. High Street Carlisle, PA p) The parties are free to modil]y the terms of this Stipulation, but in order to do so, the parties must be in complete agreement to any new terms; and q) The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship with each parent. WHEREFORE, Petitioner respectfully requests this Petitioner shared physical custody in accordance with the Paragraph 29, above. Honorable Court grant schedule as proposed in Respectfully Submitted, SAIDIS, SHUFF, FLOWER & L1NDSAY By: :¢,~~~~ ~~,//7 d'.7/lgi!~lsa~ Ging~J~l~ l~clay, Esquire Attorney I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 11717) 243-6222 Attorneys for Petitioner SAIDIS SHUFF, FLOWER & LINDSAY A'I'I'ORNEY~sAT*LAW 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in this Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Seciton 4904 relating to unsworn falsification to authorities. Date: q',~'~95 Elizabeth M. Williams · Exhibit "A" ELIZABETH M. WILLIAMS, Plaintiff MICHAEL J.. GRIGGS, JR., Defendant Prior Judge: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 -59'2gQ CIVIL : IN CUSTODY' CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH TI-IE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: e e The pertinent information pertaining to the child who is the subject of this litigation is as follows: Ebony Sage Griggs, born June 14, 2000. A Conciliation Conference was held on February 6, 2003, with the following individuals in attendance: The Mother, Elizabeth M. Williams, with her counsel, Thomas S. Diehl, Esquire; and the Father, Michael J. Griggs, Jr., with his counsel, Margaret M. Simok, Esquire. The parties agree to the entry of an order in the form as attached. FEB.2 0 20.03 ELIZABETH M. WILLIAMS, Plaintiff MICHAEL J. GRIGGS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLA~ND COIdNTy, PENNSYLVANIA : : CIVIL ACTION - LAW ' ' : NO. 2002 - 592g CIVIL : IN CUSTODY _CCOURT ORDER ow, _ _ day of February, 2003, upon consideration of the attached Custody Conciliation Report., it is ordered and directed as follows: 1. The Mother, Elizabeth M. Williams, and the Father, Michael J. Griggs, Jr., shall enjoy shared legal custody of Ebony Sage Griggs, born June 14, 2000. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody with the minor child as follows: Co On alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. On those weekends when l.~ther is on guard duty, Father shall deliver the child to Mother while .he is on duty. For a week in April, June, July, and August. The parties shall agree upon the time. Father shall also have one alternating weekend during those months, with the understanding, that his one week timeframe shall be incorporated into a scheduled weekend visitation. Furthermore, the April week shall be ]~andled such that Father must be off work that week in order to enjoy custody. Every other Monday, beginning February 17, 2003, from 9:00 a.m. until 7:00 p.m., when Father will pick up the child at the babysitter and Mother will pick up the child at Father's residence. In the event either parent's schedule changes preventing this Monday period of custody from occurring, Mother and Father will make every effort to arrange for an alternate weekday consistent with both of their schedules. ~ At such other times as agreed. FEB 2 "2" t13 CC: Father shall have custody of the minor child on Father's Day 'and Mother shall have custody of the minor child on Mother's Day. This provision shall supercede all other prqvisions of this order. The parties shall alternate physical custody on the following holidays: New Year's Day, Easter, Memorial Day, July 4~, Labor Day, Halloween, Thanksgiving, Christmas Eve, Christmas Day and New Year's Eve. Mother shall have New Year's Day, Memorial Day, Labor Day, Thanksgiving and Christmas Day in odd numbered years with the Father having Easter, July 4~, Halloween, Christmas Eve and New Year's Eve in odd numbered years. The parties shall alternate thereafter. The parties shall have alternating physical custody of the child on the child's birthday at such times as agreed upon by the parties and as the parties deem appropriate. Transportation of the child shall be provided by both parents with the receiving parent picking the child up at the parent's residence or at the babysitter. This is a shared legal custody order such that both parties shall enjoy all rights with respect to the minor child to r~<eive medical, educational and other pertinent information concerning the child. This order authorizes all educational facilities and health providers to provide to each parent individually in~'ormation relating to the child. Each parent shall have the obligatiot~ o{ Keeping the other parent informed ,vith respect to all health and educational issues relating to the minor cl~ld and include the parent in decision making. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. 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. Margaret M. Simok, Esquire Thomas S. Diehl, Esquire II ELIZABETH M. WILLIAMS PLAINTIFF MICHAEL J. GRIGGS, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5929 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, May 09, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 19, 2003 at 9:30 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 al~pear 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/ Hubert X. Gilroy, 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 disabledmdividuals having business before the court, please contact our office. 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. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNI~YS.AT.LAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH M. WILLIAMS, Petitioner Vo MICHAEL J. GRIGGS, JR., Respondent CIVIL ACTION - LAW No. 2002-5929 (Civil Term) (In Custody) ACCEPTANCE OF SERVICE I accept service of the Petition to Modify Custody and the Order scheduling the Conciliation Conference in the above-refi~renced matter on behalf of my client, Michael J. Griggs, Jr., and I certify that I am attthorized to do so. Dated: ,,5'- / bt ' O.._~ By: Marg~et M. Simok, Esquire Attorney I.D. No. MidPenn Legal Services 8 Irvine Row Carlisle, Pennsylvania 17013 Attorneys for Respodnent JUL 0 g 2003 ELIZABETH M. WILLIAMS, Plaintiff V MICHAEL J. GRIGGS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 5929 CIVIL : IN CUSTODY COURT ORDER AND NOW, this ~O day of .~ ~1 ~)-'t ,2003, upon considerati.on of the attached Custody Conciliation Report,~is3rdered a~ad directed that this court's prior order of February 20, 2003 shall remain in place subject to'the following modifications: The Father shall not have a week of custody with the minor child in April as previously set forth in Paragraph 3B of the Order. Father's temporary custody on alternating Mondays shall be from 8:00 a.m. until 6:00 p.m. 3. The holiday schedule shall now be handled as follows: Mother shall have Easter, July 4t~, Halloween, Christmas Eve and New Year's Eve on odd numbered years, with Father having New Year's Day, Memorial Day, Labor Day and Thanksgiving in odd numbered years. The parties shall alternate thereafter. Christmas Day shall be handled with Mother having custody of the child from Christmas morning until 12:00 Noon, and Father shall have custody of the child from Noon until 7:00 p.m. on Christmas Day. During Father's one week period of custody during the summer months, Father shall have authority to allow his girlfriend to take care of the minor child when he has custody except in those circumstances where Mother is available. If Mother is available for an extended period of time during the day while Father is at work, Mother shall be provided the opportunity to take care of the minor child. Otherwise, Father shall designate the daycare provider. CC~ Se Father shall provide Mother with a schedule outlining his anticipated National Guard duty weekends for as long a period of time as the information is available and in sufficient advanced notice to allow Mother to adjust her schedule on weekends when Father is on Guard duty. Absent an agreement by the parties, the holiday schedule shall be from 9:00 a.m. until 6:00 p.m. In all other respects, this court's prior order of February 20, 2003 shall remain in place. Edgar ]~B~ylei "~. Lindsay Gingrich Maclay, Esquire Jerry W. Brown, Esquire 90 "Ol t~'g O I ELIZABETH M. WILLIAMS, Plaintiff V MICHAEL J. GRIGGS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 5929 CIVIL : IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following The pertinent information pertaining to the child who is the subject of this litigation is as follows: Ebony Sage Griggs, born June 14, 2000. e A Conciliation Conference was held on June 19, 2003, with the following individuals in attendance: The Mother, Elizabeth M. Williams, with her counsel, Lindsay Gingrich Maclay, Esquire; and the Father, Michael J. Griggs, Jr., with his counsel, Jerry W. Brown, Esquire. The parties agreed upon a number of modifications of the existing order which will be implemented upon recommendation of the conciliator in the attached order. The Mother wanted to modify the arrangements for Father's weeks in the summer months. Father currently has a week in June, July and August. It appears Father may be working during that time. Mother objects to Father having his live-in girlfriend take care of the children during that time. Father has been living with the girlfriend for one year. The conciliator consulted with Judge Bayley on this subject, and Judge Bayley concurred with the conciliator that a hearing would not be scheduled on that sole issue and that the court would not micromanage custody arrangement under these circumstances. The Father can select care for the child when he has the child in his custody except in those situations where Mother is available to take care of the child. 5. The conciliator recommends an order in the form as attached. DATE Hubert X. Gil..r~.y.~sqmre Custody Conci~ator