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HomeMy WebLinkAbout98-06923 . I \ . I 1 I ! , .~ .~ . .. .~ """ \I) ~ I .~ .... ~. "" 'i I I t I '" I \~ ~........... I. . . ... I .'::l I ... l'-J t I '\'V"\ ~ J ! t't. l~ ....., ~ . CHRISTOPHER C. RAIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9 t. {., ? .2:3 Cu.".J-r.;.,U<A- CUSTODY v. JILL E. RAIN, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Christopher C. residing at Kain, 301 Chestnut Street, Apt. 2508, HarriSburg, Dauphin County, Pennsylvania 17101. 2. Defendant is Jill E. Kain, residing at 135 North 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of the following children: Name Present Residence , Aqe Charles C. Kain 135 North 26th Street 10 Camp Hill, PA 17011 Eileen M. Kain 135 North 26th Street 7 Camp Hill, PA 17011 John C. Rain 135 North 26th Street 3 Camp Hill, PA 17011 The children were not born out of wedlock. , The children are presently in the custody of Defendant Jill E. Rain who resides at the above-recited address. During the past five years, the children have resided at the following addresses and wi th the following persons: Ii': '! I 'II, \ ~.: . " f,~;7 , .~.,'. .:.:....::', '~~:'..:,;,:,\'_.,.,;.......,.:::~:^"?';,,':.<.::<,'M".~:":'""":','~.:'i""~~".,h~",:.":'" '::""'::<~" "':'. "'~:'., ;:"... \' -. (a) For the past five years until July 1, 1998, with both Plaintiff and Defendant at 135 North 26th Street, Camp Hill, PA 17011; and (b) Since July 1, 1998, with Defendant at 135 North 26th Street, Camp Hill, PA 17011. The mother of the children is Defendant Jill E. Kain, residing at the above-indicated address. She is married to but living separate from the Plaintiff. The father of the children is Plaintiff Christopher C, Kain, residing at the above-indicated address. He is married to but living separate from the Defendant. 4. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the children is that of mother. The Defendant currently resides with the children. 6. 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 another court. plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because, due to the 2 dete~ioration of the relationship between Plaintiff and Defendant, there has been an inability of the parties to cooperate in the exchange of custody and temporary custody or in the arranging for periods of visitation. Additionally, Defendant has declared her refusal to permit the children of the parties to visit with their father at his new apartment. Further, because interaction of Plaintiff and Defendant and communications between the two are so strained, Plaintiff believes that a fixed schedule of visitation will help minimize the probability that the children will be exposed to anger or unpleasantness. As a result of the establishment of a schedule, Plaintiff believes that the children will be able to spend time with both their mother and their father and, hopefully, continue to enjoy the close emotional bond that the . children have \\Iith each of their parents. 8. Each paren~ whose parental rights to the children have not been terminated and the person who has physical custody of the children 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 children will be given notice of the pendency of this action and the right to intervene: NONE. ~mEREFORE, Plaintiff requests that this Honorable Court enter an Order granting shared legal custody and a sharing of the physical custody of the parties' minor children, Charles C. Kain, Eileen M. Kain and John C. Kain, by awarding primary physical custody of the said children to Defendant and granting liberal, 3 ," I, It" C': , I I, , , ,- :) (.,1 " I". I . , 2. Leaal Custody The parties shall share legal custody of the children jointly, They shall consult with each other relative to all important decisions concerning the children, including such matters as health, education, and religion. Therefore, although Mother has primary physical custody of the children, and Mother shall have authority to make routine decisions regarding the welfare of the children, each parent shall consult with the other on all non-routine decisions (to be defined as those decisions witMa greater than a day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the children. If a dispute arises as to any matters regarding non-routine decisions regarding the children, then Mother, who has primary physical custody of the children, may exercise final determination subject to review by a court of competent jurisdiction, Each of Ihe parties shall have access to all the children's medical, dental, hospital, and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the children's health and education progress. Each of the parties shall be provided with schedules of school events and athletic events when available, or in the alternative, provide two weeks nof.ice to Ihe other party thaI such an event is upcoming. Mother shall notify Father of any parent-teacher conferences. changes in school curriculum, or olher similar event relating to the children, Both parents are entitled 10 portrait & class school pictures, 1. Summer Vacation Both Father and Mother shall each be guaranteed one (1) two- week period or two (1) one-week periods of exclusive custody of the children during each summer. The parties shall notify each other of the dates intended to exercise these vacation periods by June 1$t of each year. Additional periods of partial custody during the summer may be exercised upon agreement of the parties. 2. Maior Holidavs The parties shall alternate the following holidays: Easter weekend (from Good Friday at 5:00 p,m, through Easter Sunday at8:00 p.m,), Independence Day (from 9:00 a.m, until 10:00 p,m,), Halloween Night - or the night scheduled for trick-or-treating (from 5:00 p,m. until 9:00 p,m.), Thanksgiving Day (from 9:00 a,m, until 8:00 p.m.), Christmas Eve (from December 24th at 12:00 p.m, through Christmas Day at 12:00 p,m,), Christmas Day (from December 25th at 12:00 p.m. until December 26th at 12:00 p.m,), New Year's Eve and Day (from 5:00 p,m. December 31slthrough 5:00 p.m, January 1st); whereby Mother shall have the first holiday following the date of this order, and alternating holidays accordingly thereafter, This section shall supersede any other section contained in this order, This section may be changed or modified upon agreement by both parties. 3. Mother's Dav/Father's Day Mother's Day shall be with Mother; Father's Day shall be with Father. This yisitation shall be from 9:00 a,m, until 5:00 p.m. 4. Children's Birthdays The parties shall share the children's birthdays in as equal a manner as possible, 5. Labor Day/Memorial Dav Weekends, The party whose weekend custody of the children falls on the weekend before Labor Day andlor Memorial Day may keep the children until 8:00 p,m, on the holiday instead of returning them on Sunday, 6. TransDortation Transportation to and from the parties' residences shall be shared, . the details of which can be agreed upon by the parties. In the event the parties . cannot agree, Father shall pick up the children at Mother's residence at the beginning of his custodial periods, and Mother shall pick up the children at Father's residence at the end of Father's custodial periods. 7. AlcohollTobacco/Druas During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication, nor shall they smoke tobacco indoors in the presence of the children, The parties shall likewise assure, to the extent possible, that other household members and guests comply with these prohibitions and limitations, The parties also shall not remain with the children in any establishments which are essentially adult in nature (Le, bars, clubs, adult drinking establishments), for any extended period of time, It is understood that this provision does not prohibit either party from taking the children to such a place for the sole purpose of eating lunch or dinner, but instead prohibits either party from essentially spending the day or evening with the children at an adult establishment. 8. Death or Disability In the event of either party's death or significant and long-term disability rending the person incapable of caring for the children, then custody shall automatically vest in the other party.