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HomeMy WebLinkAbout03-1612GEORGE L. HEFFLEFINGER, JR., Plaintiff VS. DAWN A. RETTINGER-MILLER, Defendant · NUMBER: · CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, GEORGE L. HEFFLEFINGER, JR., by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is GEORGE L. HEFFLEFINGER, JR., who currently resides at 121 November Drive, Apartment 6, Camp Hill, County of Cumberland, Pennsylvania. 2. Defendant is DAWN A. RETTINGER-MILLER, who currently resides at an address in York Haven, County of York, Pennsylvania. 3. Plaintiff seeks to have rights of primary physical and shared legal custody with respect to DEVON MICHAEL HEFFLEFINGER, born November 20, 1991; and TIMOTHY ALLEN HEFFLEFINGER, born June 24, 1993. The children were not born out of wedlock. The children are presently in the custody of Plaintiff, GEORGE L. HEFFLEFINGER, JR. During the past five years, the children have resided with the following persons and at the following addresses: from April, 1999, until July, 2001, with Plaintiff at The Pines Apartments, 301 North Progress Avenue, Harrisburg, Pennsylvaia; from July 2001, until October, 2002, with Plaintiff at 114 November Drive, Apatrment 4, Camp Hill, Pennsylvania; from October 2002, until the present with Plaintiff at 121 November Drive, Apartment 6, Camp Hill, Pennsylvania. The mother of the children is DAWN A. RETTINGER-MILLER, who currently resides at an address in York Haven, Pennsylvania. She is married. The father of the child is GEORGE L. HEFFLEFINGER, JR., who currently resides at 121 November Drive, Apartment 6, Camp Hill, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with his wife, Chandra, and with the children. 5. The relationship of the Defendant to the children is that of father. She currently resides with her husband, Steve Miller. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or who 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 confirming rights of primary physical and shared legal custody in Plaintiff because Plaintiff has been the primary caretaker of the minor children since birth. 8. Each parent 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. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of primary physical and shared legal custody in Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE GEORGE L. HEFFELFINGER, JR. PLAINTIFF DAWN A. RETTINGER-MILLER DEFENDANT IN THE COUKF OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1612 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 beibre Melissa P. Greevy, Esq. _, the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, May 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 age five or older may also be present at the conference. Failure to avpear 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: Is~ Melissa P. Greevy, 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 'FO 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 GEORGE L. HEFFLEFINGER, JR., Plaintiff V. DAWN A. RETTINGER-MILLER, Defendant IN 'THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1612 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this e' day ofj~____~, 2003, upon consideration of the attached Custody Conciliation SummaryR~port, it is hereby ordered and directed as follows: 1. Leqal Custody. George L. Heffiefinger, Jr. and Dawn A. Rettinger-Miller shall have shared legal custody of the minor children, Devon Michael Heffiefinger, born November 20, 1991 and Timothy Allen Heffiefinger, born June 24, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall keep the other informed with the progress of the children's education and social adjustments. Neither party shall impair the other's right to legal custody of the children. Each party shall support the other in the role of parent and take into account the consensus of the other for the physical and emotional well-being of the children. NO. 03-1612 CIVIL TERM Each parent shall have the duty to notify the other of any activity or event that could reasonably be expected to be of significant concern to the other parent. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing or visiting 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 or her as soon as possible. In the event that they are not able to reach the other parent directly, after leaving a message, the parties will continue to try to reach the other parent directly until they are able to speak with that parent regarding the emergency. 2. Physical Custody. Father has primary physical custody. Mother shall have rights of partial custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., effective May 23, 2003. 3. Summer Vacation. Mother shall be entitled to have custody for three (3) one- week periods to be scheduled one week each in the months of June, July and August each year. Vacation custody shall commence on the Friday of the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. Prior to departing for the vacation, the parties will provide each other with their itinerary. For the summer of 2003, the following vacation schedule shall be followed: A. Father shall have custody for his vacation on July 19, 2003 through July 29, 2003. B. Mother shall have custody for the following periods: June 20, 2003 through June 27, 2003; July 4, 2003 through July 11, 2003; and August 1,2003 through August 8, 2003. 4. During Mother's periods of custody, she will see to it that the children shower, brush their teeth and wear clean clothes, which will be provided by the Father. The children will also be provided with appropriate sleeping arrangements which shall be defined to NO. 03-1612 CIVIL TERM include a bed, a sleeper sofa or an air mattress. However, by September 1, 2003, the children will have beds in which to sleep during Mother's periods of custody. 5. Father will make the children available to attend counseling with Mother. The parties contemplate these appointments may occur on weekdays. Mother will provide transportation incident to her mid-week periods of custody for the purposes of participating in counseling with the children, which she will arrange. 6. In the event that the children have a "B" average in all major subjects, the children may be in Mother's custody for week of vacation time near Mother's Day weekend in May each year for the purposes of a family trip. Mother shall be responsible to make arrangements with the school for the children to have excused absences for this period of time. Mother shall also be responsible to arrange for the necessary educational activities and shall shepard the homework responsibilities of the children during the vacation period, seeing to it that the homework is completed and available for the children to turn in upon their return to school at the conclusion of the vacation. 7. Holidays. A. Christmas. Each year Father shall have custody for Christmas Eve and Christmas Day. B. Thanks,qivinq. Each year Mother shall have custody for the period from the Wednesday prior to Thanksgiving through 6:00 p.m. on the Monday following Thanksgiving. However, if the school calendar would change and the children would not be out of school on Monday following Thanksgiving, Mother's Thanksgiving custodial period shall end at 6:00 p.m. on a Sunday following the Thanksgiving period. C. The parties will alternate the following holidays: Easter, Memorial Day, Independence Day, Labor Day, and New Year's Day. The rotation shall begin with Mother having custody for Memorial Day. Custody for these holidays shall begin at 6:00 p.m. the day before the holiday and continue until 6:00 p.m. the day of the holiday. D. Mother's Day and Father's Day. Father shall have custody for Father's Day; Mother shall have custody for Mother's Day. The custodial NO. 03-1612 CIVIL TERM period incident to these holidays shall be from 6:00 p.m. the Saturday before the holiday until 6:00 p.m. on the holiday. The holiday schedule shall supercede the regular schedule. 8. Reasonable Telephone Contact. The parties shall keep one another advised of their current residential address, residential telephone number and cellular number. The parties' communication shall be respectful and limited to the business and issues incident to the parenting of these children. 9. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 10. consent. The parties may vary from the terms of this agreement by their mutual 11. Transportation. Pending further Order of Court or an agreement of the parties. Transportation incident to the custodial exchanges shall be shared as follows: A. Mother shall provide transportation incident to custodial exchanges and/or counseling which occur Monday through Thursday. B. With regard to weekend periods of custody, summer vacation periods of custody and holidays, the parent receiving custody shall provide transportation incident to these custodial exchange~ 12. A hearing is scheduled in C~,l~om Numbe, r ~"~ of the Cumberland County C~ourthouse, on the ~4,~ day of 2-'~-3, at ~'," ~ ~) o'clock ~,~ .M., at which time testimony will be t~ken. ~l'he hearing shall be limited to the issue of the parties' responsibilities regarding transportation incident to custodial exchanges. For the purposes of the hearing, the Father, George L. Hefflefinger, Jr., shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the NO. 03-1612 CIVIL TERM parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on transportation. These memoranda shall be filed at least ten days prior to the hearing date. ~ Dist: Charles E. Petrie, Esquire, 3528 Brisban Street, Harrisburg, PA 17111 Lara Mamrnana, CLI and Lucy Johnston-Walsh, Esquire, 45 N. Pitt Street, Carlisle, PA 17013 I~A¥ ;~ 9 2003 GEORGE L. HEFFLEFINGER, JR., Plaintiff V. DAWN A. RETTINGER-MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1612 CIVIL TERM 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Devon Michael Hefflefinger November 20, 1991 Timothy Allen Heffiefinger June 24, 1993 Father Father 2. The parties were seen for a Custody Conciliation Conference on May 20, 2003 following the Father's Complaint for Custody filed on April 8, 2003. Attending the Conciliation Conference were: the Father, George L. Hefflefinger, Jr., and his counsel, Charles E. Petrie, Esquire; the Mother, Dawn A. Rettinger-Miller, attended with counsel from the Dickinson School of Law, Family Law Clinic. She was represented by Certified Legal Intern, Lara Mammana and her supervising professor, Lucy Johnston-Walsh, Esquire. 3. The parties reached an agreement on each issue with the exception of responsibility for transportation incident to custodial exchanges. Accordingly, the Order provided reflects an agreement of the parties with the exception of the transportation paragraph. The transportation paragraph is a recommendation of the Custody Conciliator. Because the parties were not in agreement, a paragraph has been added to include a hearing on the single issue of sharing transpodation. It is anticipated that this hearing will take less than one (1) hour. NO. 03-1612 CIVIL TERM 4. Father's position on transportation Father adamantly opposes having to share any responsibility in transportation and, in fact, states that he will refuse to comply with the Conciliator's recommended Order in that regard. Father presently resides with the children in Camp Hill. He objects to participating in the transportation to Mother's residence in Ephrata, Lancaster County. He does not believe that he should have to share in transportation, in part because Mother is the parent who elected to relocate at a greater distance from the children than she presently resides. He believes that if Mother wants to exercise her custodial rights, she should be responsible for all transportation. 5. Mother's position on transportation. Mother presently resides in York Haven, Pennsylvania and due to her husband's job change and economic difficulties, she has plans to move temporarily in the residence occupied by her parents-in-law, in Ephrata, Pennsylvania. She is hopeful that by the end of summer, her economic circumstances are improved and that she will move to another location still in the Ephrata community. Mother agrees to provide transportation incident to mid-week periods of custody which are associated with counseling with the children. However, with regard to weekend periods of custody and custodial weeks during the summer, Mother would like to )rovide transportation at the beginning of custodial period and asks that Father/,~ transportation at the conclusion of her custodial period. Date' Meli~sa Peel Gr~eevy, Esquir-~ Custody Conciliator :213830 GEORGE L. HEFFLEFINGER, JR.,: Plaintiff, : DAWN A. RETTINGER-MILLER, : Defendant. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1612 CIVIL, ACTION- LAW IN CUSTODY ORDER OF COURT The attachedfustody agreement shall be made order of the parties, this~day of~, 2003. an of court, upon the consent GEORGE L. HEFFLEFINGER, JR.,: Plaintiff, DAWN A. RETTINGER-MILLER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1612 CIVIL ACTION- LAW IN CUSTODY CUSTODY AGREEMENT THIS AGREEMENT, made this da)' of ~ 2003, between George L. Hefflefinger Jr., hereinafter "Father", and Dawn A. Rettinger-Miller, hereinafter "Mother", concerns the custody of their two children: Devon Michael Heffiefinger, bom November 20, 1991, and Timothy Allen Heffiefinger, bom June 24, 1993; hereinafter "the children." Father and Mother, both being represented by their respective counsel, desire to enter into an agreement as to the transportation of their children. Father and Mother agree to the following: 1. Mother shall provide transportation for custodial exchanges and/or counseling which occur Monday through Thursday. 2. With regard to weekend periods of custody, summer vacation periods of custody and holidays, the parent receiving custody shall provide transportation for these custodial exchanges. 3. The parties desire that this Custody Agreement and Order be made an Order of Court to address custodial transportation to supplement the Order of Court dated June 6, 2003. The parties agree that the Order dated June 6, 2003 shall remain in full fourse and effect. Plaimiff Charles E. Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Counsel for George L. Heffiefinger, Jr., Plaintiff ~~A.~ller Defendmat Lam Mammana Certified Legal Intern Lucy o~n. ~on-Walsh, Esq. Superwsing Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for Dawn Rettinger-Miller, Defendant