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HomeMy WebLinkAbout01-04212r GREGORY A. MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY SHEAFFER • 01-4212 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 12, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Thursday, August 09, 2001 at 11:00 a.m. for aPre-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. Greevy, Esc. 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 ,,~:) r ~ ~ r. n ,~ .r nu-~~ ,~ _.. .. ~~~z~ 0 GREGORY A. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY SHEAFFER, Defendant NO. ~f- ~/alo~ CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appeaz before _____________________________, Esquire, the Conciliator, at Pennsylvania, on the day of 2001, at - m., for aPre-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 be present at the conference. Failure to appeaz at the conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT: By: Custody Conciliator 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 GREGORY A. MILLER, Plaintiff, V. . KIMBERLY 5HEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.©/- Y~/-Z ~ 1~~ CIVIL ACTION -CUSTODY COMPLAINT FOR CUSTODY AND NOR', comes the Plaintiff, Gregory A. Miller, by and through his attorney, Gary L. Kelley, and files this custody complaint, and in support thereof, respectfully avers as follows: 1. Plaintiff is Gregory A. Miller who resides at 5505 North Front Street, Apt. 5, Harrisburg, Pennsylvania 17110. 2. Defendant is Kimberly Sheaffer who resides at 404 Meadow Drive, Camp Hill, Pennsylvania 17011. 3. Plaintiff seeks partial physical custody of the following child: Name Present residence Age Madilyne L. Sheaffer 404 Meadow Drive DOB 11/16/00 Camp Hill, PA The child was born out of wedlock. The child is presently in the custody of Defendant. 4. During the past five (5) yeazs, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Defendant 404 Meadow Drive DOB to present Camp Hill, PA 5. The mother of the child is Defendant. The parties were previously boyfriend and girlfriend. 6. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides with the following persons: Name Relationship n/a 7. The relationship of Defendant to the child is that of mother. Defendant currently resides with the following persons: Name Relationship unknown 8. Plaintiff has 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. Plaintiff has no information of a custody proceeding concerning the child 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 child or who claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is a fit parent. Granting partial physical custody with Plaintiff will provide continuity, stability and certainty to the child's life. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant legal and physical custody of the child to Plaintiff. Respectfully submitted, l G L Kelley ID No. 46801 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 Attorney for Plaintiff 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. Section 4904, relating to unsworn falsification to authorities. Date: ~_' // - © ~ ~~~ ~~ . ~, 0 ~, ar -_ 8 ~- ~~~_- ~~ ~~ -:csrn3 ~n v,s .~m~at~-m3~a. ~ _, yp~3 AI~G 2 9 20Q1 r GREGORY A. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KIMBERLY SHEAFFER, Defendanf NO. 01-4212 CIVIL ACTION -LAW CUSTODY ORDER OF COURT AND NOW, this ~ day of 00~ - 1, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custodv. The parties, Gregory A. Miller and Kimberly Sheaffer, shall have shared legal custody of the minor Child, Madilyne L. Sheaffer, born November 16, 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 Ghild's general well-being including, but not limited to, all decisions regarding her 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 Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child 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. 2. Physical Custody. The Mother shall have primary physical custody. Father shall -have visitation and physical custody in accordance with the following schedule: A. Effective August 11, 2001, Father shall have visitation at the home of the Mother two evenings per week from 6:30 p.m. until 9:00 p.m. The parties shall cooperate in choosing which two days these visitation times shall occur. It shall be permissible for the Paternal Grandmother to attend these visits. This schedule shall continue for a period of three months. B. Following the completion of the visitation as set forth under Paragraph 2A Father shall commence to have alternate weekend periods of custody plus one evening per week of partial custody. C. Christmas. Christmas shall be divided, into Segment A and Segment B. Segment A shall be December 23'~ through December 25th at Noon and Segment B shall be December 25`h at Noon through December 27th at Noon. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. No. 01-4212 Civil Term D. Thanksgiving. Thanksgiving shall be arranged in an A/B schedule. Segment A shall be Thanksgiving Day until 2:00 p.m. and Segment B shall be from 2:00 p.m. until 9:00 p.m. Thanksgiving Day. In odd- numbered years, Mother shall have Segment A and Father shall have Segment B. Ineven-numbered years, Father shall have Segment A and Mother shall have Segment B. E. Other Holidays. The parties shall share times of custody as agreed for the following holidays: Easter, Memorial Day, Independence Day and Labor Day. F. Vacation. Each parry shall be entitled to seven consecutive days of vacation to coincide with their custodial weekend. Dist: Gary L. Kelley, tsquire, 13z-13a Walnut Street, Harrisburg, PA 17101 a 9• ©s'. of Charles Rector, Esquire, 1104 Fernwood Avenue, Camp Hill, PA 17011 ~"'0 ~~ 4,. ~+iN'~ri1hS~'P~l~d ~i sir; r,~,rv7u :'''~i~h,~ ~iv~1.-, _.. '; :,~, i:ll' 1;1 // - Cl_W 'l: b ' %:~lk_~l, _ _, _ _ GREGORY A. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. KIMBERLY SHEAFFER, Defendant NO. 01-4212 CIVIL ACTION -LAW 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Madilyne L. Sheaffer November 16, 2000 Mother 2. The parties' first Custody Conciliation Conference was held on August 9, 2001, with the following individuals in attendance: the Father, Gregory A. Miller, and his counsel, Gary L. Kelley, Esquire; the Mother, Kimberly Sheaffer, and her counsel, Charles Rector, Esquire. 3. The parties reached an agreement in the form of an Order as attached. bI (// ~, Y Date Melissa Peel Greevy, Esquire Custody Conciliator MAY 1 1 2004 GREGORY A. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.Ol-4212 KIMBERLY SHEAFFER, :CIVIL ACTION -LAW Defendant :CUSTODY ORDER OF COURT AND NOW this ,1~ day of ~~~~ 2004, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT i lr ~ ~ J. cc: Bradley L. Griffie, Esquire Attorney for Plaintiff YCharles Rector, Esquire Attorney for Defendant ~~ ~~ ~~ a yam. ~'i~iAi!' ', ~), " y..~~~ ~~ , ., •J GREGORY A. MILLER, Plaintiff v. KIMBERLY SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4212 CIVIL ACTION -LAW CUSTODY . CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between KIMBERLY SHEAFFER, (hereinafter referred to as "Mother") and GREGORYA. MILLER„ (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one child, namely MADILYNE L. SHEAFFER, born November 16, 2000, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the child. 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 health, education and religion. Pursuant to the terms of Pa. C.S. section 5309, each parent shall be entitled to all records and ~_._ P, . information pertaining to the child including, but not limited to, medical, dental, religious or school records. 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. Both parents shall be entitled to full participation in all educational and medical/treatment, planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents, including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back to school night, and the like. 2. Mother shall have primary physical or residential custody of the child. 3. Father shall have periods of partial physical custody of the child at the following times: a.) One overnight visit per week to occur every Wednesday evening at which time Father shall pick up child and return her to daycare by 9:00 a.m. on Thursday morning; b.) On alternating weekends from 6:30 p.m. on Fridays unti15:30 p.m. on Sunday; and c.) At other times as the parties may agree. 4. The parties shall share transportation and shall continue to exchange custody of the child on alternating weekends at a meeting spot to be agreed upon by the parties. 5. During the Thanksgiving holiday, custody shall be shared between Mother and Father by alternating custody between the following periods: a.) Period one shall be Thanksgiving Day at 9:00 a.m. until 2:00 p.m. on Thanksgiving Day. b.) Period two shall be from 2:00 p.m. on Thanksgiving Day until 9:00 p.m. Thanksgiving Day. Mother shall have physical custody of the child for the first period set forth above and Father shall have the second period set forth above in the year 2003 and all odd numbered years thereafter. Father shall have the first period set forth above and Mother shall have the second period set forth above for the year 2004 and all even numbered years thereafter. 6. During the Christmas holiday, custody shall be shared between Mother and Father by alternating custody between the following periods: a.) Period one shall be from December 23rd, at 5:30 p.m. until 2:00 p.m. on Christmas Day, December 25`h b.) Period two shall be from Christmas Day, December 25a', at 2:00 p.m. until 2:00 p.m. on December 27`t` Mother shall have physical custody of the child for the first period set forth above and Father shall have the second period set forth above in the year 2003 and all odd numbered years thereafter. Father shall have the first period set forth above and Mother shall have the second period set forth above for the year 2004 and all even numbered years thereafter. 7. Both Mother and Father shall share custody of the child on the minor holidays or school in service days when the child has off from daycare or school, i.e. Columbus Day, Veteran's Day, etc. 8. The parties shall share custody of the minor child for the child's birthday as the parties may agree. 9. If during Mother's or Father's period of custody a parent is unable to directly care for the child and must make arrangements for ababy-sitter for a period of five (5) hours or more, the non-custodial parent shall have the right of first refusal to provide care for the child and the custodial parent shall make reasonable efforts to contact the non- custodial parent and make the child available for the non-custodial parent to care for the child during this time. 10. Father shall be entitled to exercise three (3) non-consecutive one (1) week periods of custody during the child's summer vacation to begin on Father's regularly scheduled weekend period of custody. Father shall provide at least thirty (30) days notice of the requested vacation periods. 11. Father shall have physical custody of the child on Father's Day and Mother shall have physical custody of the child on Mother's Day, from 9:00 a.m. unti14:00 p.m. on the day of the holiday. 12. Neither party shall deny, obstruct or interfere with any reasonable requests of the child to make telephone contact with the other parent. 13. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 14. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 15. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement or if modified by a Court of appropriate jurisdiction following hearing. 16. The parties desire that this Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County. 17. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 18. The parties acknowledge that they have read and understand the provisions of this Order of Court. Each party acknowledges that the Court Order is fair and equitable and not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: _.--_... ,.-' ~-,L-- ~ U~ -- ate ERLY EAFFER 00 0 l-C ate GREGOR .MIL R COMMONWE(AL~~T~~H~~ ~~O~~F PENNSYLVANIA COUNTY OF L^~"`~"'~~~"~~ On this ~~day of ~~ 2004, before me, the undersigned officer, personally appeared KIMBERLY SHEAFFER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ir~.~i,.. ;' , Fl,v~'T; [dct~ry I~uG(ic `;:rfsnc! rrn.~n;;r , Notary Pu COMMONWEALTH OF PENNSYLVANIA COUNTY OF WVVvv [~QJ-'',~L~v~ On this 4~ day of p„ ~ 6` 2004, before me, the undersigned officer, personally appeared GRE1G~f ORY A. MILLER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL NARI3A J. LEHMAN, NOTARY PUBLIC CpRLISLE133R N CUMBESR UHD BOUNTY - N Public f