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HomeMy WebLinkAbout02-6068MARK HILSON, Plaintiff, VS. GRETCHEN G. TURNER, Defendant. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA .o. CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiff, Mark Hilson, by and through his attorney, Stephanie L. Mihalko, Esquire, files a Complaint For Custody against Defendant, Gretchen G. Turner, and in support thereof, avers the following: 1. Plaintiff is Mark Hilson, Father, who currently resides at 142 South Newberry Street, York, Pennsylvania, 17404. 2. Defendant is Gretchen G. Turner, Mother, who currently resides at 805 Erford Road, Camp Hill, Pennsylvania, 17011. 3. NAME AGE Margaret E. Turner 2 4. 5. Gretchen G. Turner, who currently resides at 805 Erford Road, Camp Hill, Pennsylvania, 17011. Plaintiff seeks custody of the following child: Present Address 805 Erford Road, Camp Hill, Pennsylvania, 17011 The child was born out of wedlock. The child, Margaret E. Turner, is presently in the custody of Mother, 6. During the past five (5) years, the child, Margaret E. Turner, has resided with the following persons at the following addresses: Persons Gretchen G. Turner Gretchen G. Turner Address Date PSU Capital Student Housing, Middletown, PA, 17057 2/10/00- 03/02 805 Erford Road, Camp Hill, PA, 17011 03/02-present 7. The Mother of the child is Gretchen G. Turner, who currently resides at 805 Erford Road, Camp Hill, Pennsylvania, 17011. 8. The Father of the child is Mark Hilson, who currently resides at 142 South Newberry Street, York, Pennsylvania, 17404. 9. The parties are not married. 10. The relationship of Plaintiff to the child is that of Father. Plaintiff currently resides with the following person: Person Relationship Plaintiff resides alone. 11. The relationship of Defendant to the child is that of Mother. Defendant currently resides with the following persons: Person Relationship Defendant resides alone. 12. Plaintiff and Defendant have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 13. Plaintiff and Defendant have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. Plaintiff and Defendant do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interests and permanent welfare of the child, Margaret E. Turner, will be served by granting the relief requested, inter alia, because the Plaintiff Father has been one of the child's primary caretakers. 16. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child 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 will be given notice of the pendency of this action and the right to intervene. Name Address Basis of Claim NONE WHEREFORE, Plaintiff respectfully request that this Honorable Court enter an Order granting him shared legal custody and shared physical custody, with Defendant Mother to have shared legal custody and shared physical custody. Respectfully Submitted, Stephanie L. Mihalko, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 Attorney ID. #86998 ATTORNEY FOR PLAINTIFF Dated: /,~ ! l? / ~7~ ! ! VERIFICATION I, IV~-~ ~'lS~ , hereby swear and affirm that the facts contained in the foregoing Complaint for Custody are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mark Hilson, Plaintiff Date: MARK HILSON PLAINTIFF GRETCHEN G. TURNER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-6068 CIVIL .ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Friday, January 03, 2003 , upon cortsideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, January 20, 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 a~e 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/ Dawn S. Sunday, 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 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 MARK HILSON, Plaintiff, VS. GRETCHEN G. TURNER, Defendant. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * NO. 02-6068 * CIVIL ACTION - LAW * CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Stephanie L. Mihalko, Esquire, hereby certify that on January 6, 2003, I served a true and correct copy of the Complaint for Custody and upon Gretchen G. Turner. Defendant, by depositing same, postage pre-paid, Certified Mail, Return Receipt Requested as well as via Regular Mail in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Gretchen G. Tm'ncr 805 Erford Road Camp Hill, PA 17011 Date: Misty'D. Lehn~an-- MARK HILSON, Plaintiff, VS. GRETCHEN G. TURNER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-6068 CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ' · SSo COUNTY OF CUMBERLAND ' AND NOW, this 9th day of January, 2003 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Misty D. Lehman, who being duly sworn according to law, deposes and says that on January 3, 2003, she mailed a certified copy of the Complaint in Divorce, by certified mail, return receipt requested, to Gretchen Turner, 805 Erford Road, Camp Hill, PA 17011 and the same was received by her on January 7, 2003 as indicated by the return receipt card which is attached hereto. MiitfD. ffehman - -- Sworn to~a~pd subscribe~[before me 2003.°n this ~._ day of~, r~ pUb'li~ ...... I Notarial Seal Que.e. na S. Baumbach, Notan/Public . _rmrrisburg, Dauphin County My [Jommission Expires Oct. 2, 2004 · Complete items 1, 2, and 3. Also complete ~em 4 if R_eetdcted Det~ery h~ de,red. · Print your name and address on the revere so that Wac. an return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Anqole Ac~reaaed to: 2. A~ticle Number ¢. Date oe 0.~ D. k~ de~ address dlffemm from ~m 1 ? ff YES, enter delivery address below: [] No 3' ~if~ Mail I'"! Expm~ MaiI 1-1 Registered (~telum Receipt for Mercllam:ll~ r'l In~ured Mail [] C.O.D. 4. R~idcted Delivery? (Extra Fee) MARK HILSON, . Plaintiff . : VS. . : : GP~TCI-~N TURNER : Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-6068 CIVIL ACTION LAW IN CUSTODY .ORDER OF COURT AND NOW, this ~a'bx ]t~ ~ day of , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Mark Hilson, and the Mother, Gretchen Turner, shall have shared legal custody of Margaret E. Turner, born February 10, 2000. Each parent shall have an equal right, to be exercised .jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall share having physical custody of the Child, with the Mother having custody every week from Sunday at 4:30 pm through Thursday at 4:30 pm, and the Father having custody from Thursday at 4:30 pm through Sunday at 4:30 pm. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which will mn from December 23 at 4:30 pm through December 26 at 4:30 pm, and Segment B, which shall mn from December 26 at 4:30 pm through December 29 at 4:30 pm. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. _THANKSGIVINQ: The Thanksgiving holiday period shall mn from the Wednesday before Thanksgiving at 4:30 pm through the Sunday fi)llowing Thanksgiving at 4:30 pm. The Mother shall have custody of the Child over Thanksgiving in odd numbered years and the Father shall have custody in even numbered years. C. EASTER: In odd numbered years, the Mother shall have custody of the Child beginning on the Saturday before Easter at 4:30 pm through the end of the Mother's regular period of custody. In even numbered years, the Father shall have custody during his regular weekly period of custody ending on Sunday at 4:30 pm. D. MEMORIAL DAY / LABOR DAY~: In every year, the Father shall have custody the Child on Memorial Day for which he shall retain custody after his regular weekly of period through Memorial day at 8:00 pm. In every year the Mother shall have custody of the Child on Labor Day beginning on the preceding Sunday evening at 4:30 pm and continuing through the end of the Mother's regular weekly period of custody. E... INDEPENDENCE DAY: The Independence day holiday shall mn from July 3ra at 4:30 pm through July 4th at 10:30 pm. The Mother shall have custody of the Child in even numbered years and the Father shall have custody of the Child in odd numbered years. F. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody of the Child on the Mother's day weeken~l from Saturday at 4:30 pm through Monday morning and the Father shall have custody of the Child over the Father's day weekend beginning during his regular weekly period of custody and extending through Monday morning at 8:00 am. G. BIRTHDAY'S: Each party shall be entitled to have a period of custody with Margaret on her birthday each year with the specfic times to be arranged by agreement. The Mother shall have a period of custody with Margaret on Austin's birthday each year with the specific times to be arranged by agreement. H. The holiday custody schedule shall supercede and take precedence over the regular and vacation custody schedules. 4. Each party shall be entitled to have an extended period of vacation custody with the Child of up to two weeks each year (consecutive or non-consecutive) upon providing at least sixty days advanced notice to the other party. The party providing notice first shall be entitled to preference of his or her selection of vacation dates. 5. When the Father is obtaining custody of the Child, the exchange shall take place at the Pennsylvania Turnpike interchange on Route 83. When the Mother is receiving custody of the Child, the parties shall exchange custody at the gas station located at the Lewisberry exit on Route 83. The parties shall share providing transportation for exchanges of custody on accordance with this provision less agreed otherwise. 6. In the event either party intends to relocate his or her residence more than 15 miles further away from the other parties residence, that party shall provide the other party with at least 90 days advanced written notice to enable the parties to make any necessary adjustments to the custody schedule by agreement or with Court assistance. 7. 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. Jo CC: Stephanie L Milhalko, Esquire, Counsel for Father Gretchen G. Turner, Mother MARK HILSON, Plaintiff VS. GRETCHEN TURNER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL,~ND COUNTY, PENNSYLVANIA 02-6068 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: ,NAME Margaret E. Turner .DATE OF BIRTH February 10, 2000 .CURRENTLY IN CUSTODY OF Mother/Father 2. A Conciliation Conference was held on March 12, 2003, with the following individuals in attendance: The Father, Mark Hilson, with his counsel, Stephanie L. Mihalko, Esquire. The Mother, Gretchen G. Turner, did not attend the conference or contact the conciliator. The conference had been scheduled for January 21, 2003. However, at that time, the Mother advised that she had strep throat and was unable to attend. Therefore the conference was rescheduled for March 12, for which the Mother was provided with written confirmation. According to the Father, just prior to the March 12, conference, the Mother informed him by telephone that she would not be available for the conference because she needed to get a babysitter for the Child. The Mother contacted the conciliator's office after the conference to advise that she had not been able to attend because her roof had fallen in at her residence. 3. The Father stated at the conference that he wished to confirm by Court Order the custody arrangements which the parties have been following for the past one and a half years, under which the Father has had custody every week from Thursday through Sunday and the Mother has had custody for the remainder of the week. According to the Father, the parties have been generally able to follow their schedule without conflict. However, on occasions when there are disagreements, the Mother unilaterally changes the schedule. The Father believes that confirming the schedule in an Order would prevent this disruption for the Child and ensure predictability and stability for the Child's benefit. 4. Although the Father preferred to make minor modifications to the current arrangements, he was willing to simply confirm the existing schedule in light of the fact that the Mother was not present at the conference to raise any objections she might have. 5. Based upon representations made by the Father at the conference and the fact that the Mother did not attend or contact the conciliator to make other arrangements for participation, the conciliator recommends an Order in the form as attached which also addresses holiday and vacation custody arrangements which had not previously been established by the parties. 6. In the event that the Mother wishes to review or make adjustments to the custody arrangements set forth in the proposed Order, the Mother may petition to have an additional conference scheduled. Date Dav~n S. Sunday, Esquire Custody Conciliator MARK HILSON, Plaintiff, VS. GRETCHEN G. TURNER, Defendant. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * NO. 02-6068 * * CIVIL ACTION - LAW * CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Stephanie L. Mihalko, Esquire, hereby certify that on March 27, 2003, I served a tree and correct copy of the Order of Court and Custody Conciliation Summary Report and upon Gretchen G. Turner. Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Gretchen G. Turner 805 Erford Road Camp Hill, PA 17011 Date: ~2o.~ &~)] ~1~ Misty D. Leh~hn C3 ~