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HomeMy WebLinkAbout03-1597JACK HENDRICKS, Plaintiff, VS, MICHELLE HENDRICKS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, * PENNSYLVANIA * . r o.o -lS 7 * * CIVIL ACTION- LAW * CUSTODY NAME Kati Hendricks Derek Hendricks 5. the custody of Mother and COMPLAINT FOR CUSTODY AND NOW, Plaintiff, Jack Hendricks, by and through his attorney, Stephanie L. Mihalko, Esquire, files a Complaint For Custody against Defendant, Michelle Hendricks, and in support thereof, avers the following: 1. Plaintiff is Jack Hendricks , Father, who currently resides at 54 Greenmont Drive, Enola, Pennsylvania 17025. 2. Defendant is Michelle Hendricks, Mother, who currently resides at 503 Thomas Road, Camp Hill, Pennsylvania. Plaintiff seeks shared physical custody of the following children: Present Address AGE 54 Greenmont Drive, Enola, PA 17025 11 503 Thomas Road, Camp Hill, PA 54 Greenmont Drive, Enola, PA 17025 6 503 Thomas Road, Camp Hill, PA The children were not born out of wedlock. The children, Kati Hendricks and Derek Hendricks, are presently in Father, Michelle Hendricks and Jack Hendricks, who currently resides at 503 Thomas Road, Camp Hill, Pennsylvania and 54 Greenmont Drive, Enola, Pennsylvania, 17025 respectively. 6. During the past five (5) years, the children, Kati Hendricks and Derek Hendricks have resided with the following persons at the following addresses: Persons Address Jack Hendricks:Father 54 Greenmont Drive, Enola, PA 17025 Michelle Hendricks: Mother 503 Thomas Road, Camp Hill, PA Jack Hendricks and Michelle Hendricks 54 Greenmont Drive, Enola, PA 17025 Date 2/01 -Present 2101 -Present 1998-2/01 7. The Mother of the children is Michelle Hendricks, who currently resides at 503 Thomas Road, Camp Hill, Pennsylvania. 8. The Father of the child is Jack Hendricks, who currently resides at 54 Greenmont Drive, Enola, Pennsylvania 17025. 9. The parties are married but, separated. 10. The relationship of Plaintiff to the children is that of Father. Plaintiff currently resides with the following persons: Person ~ Kati Hendricks Daughter Derek Hendricks Son 11. The relationship of Defendant to the children is that of Mother. Defendant currently resides with the following persons: Daughter Son Person Kati Hendricks Derek Hendricks 1 2. Plaintiff and Defendant have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 13. Plaintiff and Defendant have no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 1 4. Plaintiff and Defendant do 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. 15. The best interests and permanent welfare of the children, Kati Hendricks and Derek Hendricks, will be served by granting the relief requested, inter alia, because the Plaintiff Father has been one of the children's primary caretakers. 16. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of thechildren will be given notice of the pendency of this action and the right to intervene. Name ~ iJ~_Q~_gJ~[0j~ 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, /"St-e~phanie L. ~lihalko, Esquire Wiley, Lenox, Colgan & Marzzacco The Wiley Group 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 Attorney ID. #86998 ATTORNEY FOR PLAINTIFF Dated: VERIFICATION I, Jack Hendricks, 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. Date: Ja/~k Hendricl<s, I~l~intiff JACK HENDRICKS PLAINTIFF MICHELLE HENDRICKS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1597 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _. Melissa P. Greev , Esy2_E~q:~, the conciliator, 301 Market Street, Le_moyne, PA 17043 on Tuesday, May 20_____2, 2003 at 8:30__~~ at 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/ Melissa P. Gr~oY, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JACK HENDRICKS, Plaintiff, VS. MICHELLE HENDRICKS Defendant. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 03-1597 . * CIVIL ACTION - LAW * IN CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Stephanie L. Mihalko, Esquire, hereby certify that on April 17, 2003, I served a true and correct copy of the Order of Court scheduling the Custody Conciliation Conference upon Nora Blair, Esquire, Counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Nora Blair, Esquire 5440 Jonestown Road Harrisburg, PA 17112 Date: t-////~/l~ ~ MiSty D. IJehn~n JACK HENDRICKS, Plaintiff, VS, MICHELLE HENDRICKS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of their minor children, Kati Hendricks, born 12/24/91 and Derek Hendricks, born 9/17/96. All decisions affecting the children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the children. 3. 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. 4. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as a messenger. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. It will be each parent's primary responsibility to provide the other with copies of report cards and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties hereby acknowledge that they have discussed and jointly made the following decisions: a. The parties acknowledge that the children's legal names are Kati Hendricks and Derek Hendricks and that they shall be known by these names for all purposes. The parties agree that they will instruct their respective families and friends that the children should not be referred to by any other name. b. The parties acknowledge that they each expect the children to attend college and post-high school training if he/she is a good student with a high probability of gaining entrance and succeeding in college. The parties agree that they shall each be actively involved in the selection of an appropriate post-high school education for the children and that the choice of any college or institution shall be mutually agreed upon by Father, Mother and the children, taking into consideration the parents' then financial ability and economic circumstances, and the children's needs, desires, talents and aptitudes for post-high school education. II PHYSICAL CUSTODY The parents shall share physical custody of the children. agreement to the contrary, the following schedule shall apply: Failing mutual Mother and Father shall share physical custody equally. Mother shall have Monday and Wednesday overnights during the week. Father shall have Tuesday and Thursday o overnights during the week. Mother and Father shall alternate weekends. Easter shall be broken into two segments. Segment A is from 5:00 p.m. Easter's eve until 12:00 noon Easter day. Segment B is from 12:00 noon Easter day until 9:00 a.m. on the day after Easter. Mother will have Segment A in the odd years and Segment B in even years. Father will have Segment A in the even years and Segment B in the odd years. Thanksgiving Day shall be broken into two Segments. Segment A is from 5:00 p.m. Thanksgiving Eve until 3:00 p.m. Thanksgiving afternoon. Segment B is from 3:00 p.m. Thanksgiving afternoon until 9:00 a.m. on the day after Thanksgiving. Father will have Segment A in the odd years and Segment B in the even years. Mother will have Segment A in the even years and Segment B in the odd years. Christmas shall be broken into two Segments. Segment A is from December 24th at 5:00 p.m. to December 25th at noon· Segment B is December 25th at noon to December 26th at 9:00 a.m. Father will have Segment A in even years and Segment B in odd years. Mother will have Segment A in odd years and Segment B in even years. Each parent shall have physical custody of the children for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. Each parent is entitled to two (2) weeks of vacation per year with thirty (30) days written notice to the other parent. It is agreed by both parents that the children will be raised Catholic and this religion will be encouraged and supported by both parents. The mother, who is Catholic, may make decisions regarding sacrament instruction, and other religious instruction. However, any deviation from the current religious education and activity schedule that would effect the father's physical custody schedule or have a financial impact, must be agreed upon by both the mother and the father prior to the scheduling. Choice of parish is at the mothers discretion with consideration given to the best interests of the children, and shall be limited to within a 15 mile radius of the current parish. III. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Wife's and Husband's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. This Stipulation shall be entered as an Order of the Court. Jlck H~'b-~ricks,'~l~int~ y- e L. Mihalko, Esquire Attorney for Plaintiff I~lic~le Hendricks, Defendant N~. ~ir, Esquir~ Attorney for Defendant Date: /~ ~'~ ~:~ BY THE COURT: JACK HENDRICKS, Plaintiff, VS. MICHELLE HENDRICKS Defendant. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA . * NO. 03-1597 . * CIVIL ACTION - LAW * IN CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Stephanie L. Mihalko, Esquire, hereby certify that on May 22, 2003, I served a true and correct copy of the Stipulation for an Agreed Order of Custody upon Nora Blair, Esquire, Counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Nora Blair, Esquire 5440 Jonestown Road Harrisburg, PA 17112 Date: Misty D. Lehman JACK HENDRICKS, Plaintiff MICHELLE HENDRICKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1597 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 20th day of May, 2003, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE COI~RTT--'~ Melissa Peel Greevy, Esquire Custody Conciliator :213651