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HomeMy WebLinkAbout99-05290 3 Y v V) V a cr sm v BY THE COURT, MILTON STACKFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELE L. GRAFF, Defendant NO. 99-5290 CIVIL TERM AND NOW, this 28`s day of August, 2000, upon consideration of Defendant's Petition for Special Relief, this matter is referred to the custody conciliation process and the Court Administrator is directed to facilitate this referral. PENDING the custody conciliation, the existing order of court shall remain in full force and effect. Johnna Deily, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Milton Stackfield 1226 Claremont road Carlisle, PA 17013 Plaintiff Michele Graff 924 Alexander Spring Road Carlisle, PA 17013 Defendant, Pro Se Court Administrator J.jWesley Oler, Jr. 0 B lq. xlv, .?O- eprA 111 :rc . 1, '? ?.,i `?? ? ;,. . 1'-', ? ? 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M 11 Chi Id rcjn a. 6?1l>irCY r-ICJ)t r ?? Ur1C Cc rY116, F- je?-L-)1CL c .- n,i ri C?- hdc)l H-)? +r)(a-l Cara C.n') r CiCC'L)G, 1 r)C }I"1C?1 CC?/? hLI- Lu j I t1 11'1 I I IC n ?j c ?? a ICI CUn -k r) v?S C??? E-rte CA C' r CCrf1C ' > ? ??,1c? rcn ht)L-,? no con ?cc I- L u, IJ?? ?c? ? ?e? chi- I ? ?cl . L-?c a >? h? C! rsl is ? ?1 I 1.1c Icl ck I- ?c? ?C' I U CCU C, + r C ?vC I?C?n ?Ur^ -0-? lnsh 1`CrXir-(L(-,orCi. -N•-) I?!Lb -Icr)dr, ra- Clu C fJ h ?? c? ?? ?r c??J Cvu C? CJn I } h?i r-L I I ( rci Cj ?c I1 In ?. )?Gh ho n j?arc?i ncJ C? h?C` r l L.?CCI,I(jr -'Cl I,- `I a 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. §4904 relating to unsworn falsification to authorities. Plain't'_f? f 29 A. MILTON STACKFIELD IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-5290 CIVIL TERM MICHELE GRAFF, Defendant Civil Action Law - In Custody PREHEARING MEMORANDUM OF THE PLAINTIFF, MILTON STACKFIELD I Factual/Pro AHUral History The parties are the natural parents of three children, SAIDIS, SHUFF & MASLAND A17UMPATMAW 16 W. High Siren Grlble, PA Quinten Edward Louis Stackfield D.O.B. 6/27/87, Preston August Louis Stackfield D.O.B. 9/8/89, and Dalton Louis Stackfield D.O.B. 1/22/91. The children are in the primary physical custody of the mother, subject to periods of partial physical custody in their father, per Court Order of October 21, 1999. Due to some disagreements of the parties, the mother has denied the father visitation with the children, and a Contempt Petition was filed by the father. L1._ Issues Before The Court 1. Should the mother be held in contempt for violation of the Court Order of October 21, 1999, for her denial of the father's visitation rights of the children? Suggested answer in the affirmative. Although mother wishes to dictate to father who the children can be around when they are in his presence, mother cannot arbitrarily deny him visitation without AUG 2 2 ?OM a new Court order. 2. Should the parties meet at a mutual place, such as Sheetz Convenience Store on Route 11, to avoid altercations by the parties? Suggested answer in the affirmative. Due to the volatility of the parties' relationship, along with the screaming and yelling that is done by the mother's family, the initial place would work out for both parties. III. Witnesses 1. Milton Stackfield, the father of the children. 2. Debbie Stackfield, the wife of the father. IV. Proposed Resolution of the Case The father simply wishes to exercise his periods of partial physical custody pursuant to the prior Court Order of October 21, 1999, without interruption, and to meet at a neutral spot to make the exchanges. Respectfully submitted, SAIDIS, SHUFF & MASLAND A'TMRNEYs-ATuw 26 W. High Street Grliele, PA SAIDIS, SHUFF, FLOWER 6, LINDSAY By: Joh J. eily, Esq. 26. . High Street Carlisle, PA 17013 717-243-6222 Attorney for Defendant 4 MILTON STACKFIELD IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-5290 CIVIL TERM MICHELE GRAFF, Defendant Civil Action Law - In Custody PREHEARING MEMORANDUM OF THE PLAINTIFF, MILTON STACKFIELD I. Fa aI/P o dural History The parties are the natural parents of three children, Quinten Edward Louis Stackfield D.O.B. 6/27/87, Preston August Louis Stackfield D.O.B. 9/8/89, and Dalton Louis Stackfield D.O.B. 1/22/91. The children are in the primary physical custody of the mother, subject to periods of partial physical custody in their father, per Court Order of October 21, 1999. Due to some disagreements of the parties, the mother has denied the father visitation with the children, and a Contempt Petition was filed by the father. II. Issues Aefore The Court 1. Should the mother be held in contempt for violation of the Court Order of October 21, 1999, for her denial of the father's visitation rights of the SAIDIS, SHUFF & MAC 16 W. High pnN C4011410. FA children? Suggested answer in the affirmative. Although mother wishes to dictate to father who the children can be around when they are in his presence, mother cannot arbitrarily deny him visitation without AIDS HUFF & MASLAND AMMMMMIU& 26 w. High SUM Qdisle, PA a new Court Order. 2. Should the parties meet at a mutual place, such as Sheetz Convenience Store on Route 11, to avoid altercations by the parties? Suggested answer in the affirmative. Due to the volatility of the parties, relationship, along with the screaming and yelling that is done by the mothers family, the initial place would work out for both parties. ,UL. WitneaAes 1. Milton Stackfield, the father of the children. 2. Debbie Stackfield, the wife of the father. IV. Proposed Resolution of the Case The father simply wishes to exercise his periods of partial physical custody pursuant to the prior Court Order of October 21, 1999, without interruption, and to meet at a neutral spot to make the exchanges. Respectfully submitted, SAIDIS, SNUFF, FLOWER & LINDSAY By J h na J, eily, Esq. 2 W. High Street Carlisle, PA 17013 717-243-6222 Attorney for Defendant b? SAIDIS, Gam, S1 & MASLAND 26 W. HIGH STREET 2109 MARKET STREET CARLISLE, PA 170tj. 'CAMP HILL, PA 17011 PHONE (717) 243.6222 PHONE (717) 737.3403 CERTIFIED COPY: ',. MILTON STACKFIELD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELE GRAFF NO. 99. > > Rio ?c -f Defendant IN CUSTODY It- ORDER OF COURT AND NOW, ql 1 j RC/ the attached Complaint, it is hereby directed tllatsidheataoties and their respective 2nsel ap ear before 1 the conciliator, at {tir `i} (?M?4 day of ?C {f ??pPS- 10 (Q T I?-i on the 999, at in., for a Pre- Hearing Custody Conference. At suchlc onference n 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 shall also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, BY: Custody Conciliator, , \ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals I?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 YOUeSHOULDconference THIS oPAPERrTO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE SAIDIS, I OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. SHUFF & MASLAND it Cumberland County Bar Association ATrOENEYS•ATVAW 26 W. 111gh S1lee1 2 Liberty Avenue Carlisle, PA I Carlisle, Pennsylvania 17013 (717) 299-3166 :;Y i'i y????? ? <?? ?.? ? ? ? .. , . , ? ,: MILTON STACKFIELD, Plaintiff V. MICHELE GRAFF Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 9 9-5.2 vo Ct;.x T,._. IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Milton Stackfield, residing at 1226 Clairmont Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Michele Graff residing at 137 Porter Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks partial physical custody of the following children: Name Present Residence D.O.B. Quinton Edward Louis Stackfield 137 Porter Ave., Carlisle 6/27/87 Preston August Louis Stackfield 137 Porter Ave., Carlisle 9/8/89 Dalton Thomas Louis Stackfield 137 Porter Ave., Carlisle 1/22/91 The children were born out of wedlock. The children are presently in the custody of the SAIDIS, SHUFF & MASLAND ATT0RW !AT-1AW 36 W. High SUM Carlisle. PA Defendant, who resides at 137 Porter Ave., Carlisle, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Both parties Pomfret St., Carlisle, PA birth to 7/91 Michele Graff Kentucky 7/91 to 1993 Michele Graff 137 Porter Ave., Carlisle,PA 93 to present Kim Heilman SAIDIS, SHUFF & MASLAND ATTORMYS-AT4AW 26 W. High Simi Carlisle, PA The mother of the child is Defendant, Michele Graff, currently residing at 137 Porter Ave., Carlisle, Pennsylvania. She is not married. The father of the child is Plaintiff, Milton Stackfi.eld residing at 1226 Clairmont Road, Carlisle, Pennsylvania. He is not married. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Relationship Debbie Stackfield Wife and her children 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship Kim Heilman and the three boys girlfriend 6. Plaintiff has not participated as a part or witness, or in another capacity, on other litigation concerning the custody of the children in this or another court. The court, term and number, and its relationship to this action is: Not applicable. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: Not applicable. SAIDIS, SHUFF & MASLAND ATIDRNEYS-AT•IAW 16 W. High Street Carlisle, PA 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. The name and address of such person is: Not applicable. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because the children need to further their relationship with their father, who has been denied contact with his children, through denial of visits as well as phone contact, and he wants to establish a regular routine so that he may spend time with his sons. 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. 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: Name Address Basis o£ Claim None WHEREFORE, Plaintiff requests the court to grant Defendant partial physical custody of the children. John J. De' y, Es riire 26 st High Street Carlisle, PA 17013 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. Dated: '?YIJIt?Y1' I i7to °%1?lo Milton to x=ield N ? h T r vi IPA V 0 r t.' r, '4' .?r(L Lr , C11 C, N OPT-10 2000 MILTON STACKFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHELE L. GRAFF, : NO. 99 - 5290 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this 3IStday of October, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in ?Ourtroom No. I of the Cumberland County Courthouse on the W20L day of ?YS62l?en/?.?/ 2000, at 1;20 -,.0.M. The sole issue at this hearing shall be the request by the Mother to limit the Father's contact with the children by making a condition of Father's visitation that the Father would not allow his current wife to be present with the children. 2. The existing Custody Order shall remain in effect and the parties shall abide by that Custody Order pending a hearing in this case. cc: Johnna J. Kopecky, Esquire Michele Graff 924 Alexander Spring Road Carlisle, PA 17013 BY THE COURT, (L"/.jY MILTON STACKFIELD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v MICHELE L. GRAFF, Defendant Prior Judge: J. Wesley Oler, Jr. CIVIL ACTION - LAW NO. 99 - 5290 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Quinton Edward Lewis Stackfield, born June 27, 1987; Preston August Lewis Stackfield, bom September 8,1989; and Dalton Thomas Lewis Stackfield, bom January 22, 1991. 2. A Conciliation Conference was held on October 20, 2000, with the following individuals in attendance: The Father, Milton Stackfield, with his counsel, Johnna Kopecky, Esquire; and the Mother, Michele Graff, who appeared without counsel. This is the third Custody Conciliation Conference the Conciliator has held in the past year. The Mother is now petitioning to restrict the Father's ability to have the Father's current wife present while the Father exercises visitation. Mother suggests that Father's current wife has called the children niggers and Mother suggests the current wife does not show affection towards the children and that she encourages her other three children to make prejudicial remarks toward the three children who are the subject of this Order. Mother wants a provision saying that Father's current wife shall not be with the children when Father is visiting them. 4. Father admits that his current wife may have made suggestions in the past, but indicates that the kids get along with his current wife and the kids want to see him and it is important for the kids to understand that he is married to a woman and the kids must learn to get along with that woman. Father also suggests that the Mother is less than sincere in her allegations primarily because of some prior conduct on behalf of Mother where she has made similar comments and she has conducted herself in a manner that is somewhat less desirable than the all American mother. 5. As a matter of law, the Conciliator feels there is probably not enough evidence in this case to deny the children going with the Father or to restrict the Father's ability to have his current wife present during custody. Mother has not obtaii.ed any professional testimony that would support her position that the children are adversely effected by visiting the Father when the Mother is present. Mother generally feels that Father's wife is somehow morally deficient because she would make these types of remarks. Unfortunately for the Mother, such a feeling is not sufficient under the law to restrict visitation. However, because there is no agreement, the Conciliator is required to refer this matter to Court for a hearing. 6. The Conciliator recommends the entry of an order in the form as attached. DATE Hubert X. Gilroy, Esquire Custody Conciliator LAW OFFICES SAIDIS, SHUFF & MASLAND 26 W. HIGH STREET 2109 MARKET STREET CARLISLE, PA 17013 CAMP HILL. PA 17011 PHONE (717) 243.6222 PHONE (717) 737.3405 MILTON STACKFIELD, MICHELE GRAFF : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5290 Defendant IN CUSTODY CERTIFIED COPY: v. ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby direc ed that the parties and their respective ,cou pel appear before ' 2?41 11 the concili?7tor, at t?rC ? V\)( ky? r?rt,, CC In2k'r'C, on the 11F day of . Cltrati , , , 2000, at?i m. , 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 shall also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, BY: -Nwl--9 'S -x cf 1L?hCM l 1 - Custody Conciliator The Court of Common Pleas of Cumberland County is required b law to l y comp y with the Americans with Disabilities Act of 1990 F . or information about accessible facilities and reasonable accommodations available to disabled individuals having business b f h e ore t e court, please ccntact our office. All a rrangements must be made at least 72 hours prior to any hearing or business bef h ore t e court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO SAIDIS NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE , S H U F F g2 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MASLAND ATMMYS•AT-LAW Cumberland County Bar Association 26 W. High Slreel 2 Liberty Avenue Carlisle, PA Carlisle, Pennsylvania 17013 (717) 249-3166 ?I {{j ii j? s??:? ?? ?,?? N?? z ,.:? MILTON STACRFIELD, Plaintiff V. MICHELE GRAFF, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99-5290 : IN CUSTODY PETITION FOR CONTEMPT AND NOW comes Petitioner, Milton Stackfield, by and through his attorneys, Saidis, Shuff & Masland and respectfully avers the following: 1. The Petitioner is Milton Stackfield, an adult individual residing at P.O. Box 1133, Carlisle, PA 17013. 2. The Respondent is Michele Graff, an adult individual residing at 137 Porter Avenue, Carlisle, Cumberland County, Pennsylvania. 3. The parties entered into an agreement at the custody conciliation, which subsequently became a Court Order, on October 21, 1999, a copy of said Order is attached hereto and made a part hereof and marked as Exhibit "Au SAIDIS, SHUFF & MASLAND ATroPMYS-AMAW 26 W. High Street Carlisle, PA 4. Pursuant to the Court Order, the Petitioner is to enjoy periods of temporary physical custody of the minor children on two weekends per month, and on a Wednesday or Thursday evening depending on his work schedule. 5. On or about April 26, 2000, the Respondent violated the Custody Order by failing to allow the Petitioner to have the children. .. R 6. Despite repeated requests, the Respondent continues to prevent Petitioner from seeing his children, and specifically wants to place limits who the children can spend time with when they are in his possession. WHEREFORE, the Petitioner respectfully requests Your Honorable Court to enforce the Court Order of October 21, 1999, and to allow him to have periods of partial physical custody with the children. Respectfully submitted, SAIDIS, SNUFF & MASLAND BY: 26LW. High Stmt Carlisle, PA 1 013 717-243-6222 Attorney for Petitioner SAIDIS, SHUFF & MASLAND ArrORKSMAT•tAW 36 W. High Street Grllele, PA VERIFICATION I verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 9904, relating to unsworn falsification to authorities. Dated: - 0 Milton Stackf eld ?? v .0- _a 07 :; 0 shoo V' Field MILTON STACKffeb,3E, Plaintiff MICHELLE GRAFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .5.290 NO. 99-5359 CIVIL IN CUSTODY COURT ORDER AND NOW, this /_'Xtday of October, 1999, upon consideration of the attached Custody Conciliation Report. it is ordered and directed as follows: 1 • The Mother, Michelle Graff, and the Father, Milton Stackfield, shall enjoy shared legal custody of Quinton Edward Louis Stackfield, born June 27, 1987; Preston August Louis Stackfield, bom September 8, 1989; and Dalton Thomas Louis Stackfield, bom January 22, 1991. 2. The Mother shall enjoy primary physical custody the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On two (2) weekends per month when Father is off work from Friday after school until Sunday evening at 4:00 p.m. B. On Thursday evening of each week from after school until 7:30 p.m., except for the week that Father has off on Wednesday and she shall have the children on Wednesday evening instead of Thursday evening. Father shall communicate with Mother each weekend in advance to confine which evening during the week he will have the children. 4. The parties shall alternate New Year's, Memorial Day, July 4'°, and Labor Day holidays pursuant to a scheduled worked out by the parties in advance when Father's yearly schedule comes out. Father shall notify Mother as to when he has the days off and the parties shall work out an arrangement so those holidays are shared equally. 5. Father shall always have custody of the minor children on Thanksgiving and Easter holidays from 3:00 p.m. until 8:00 p.m. 6. Assuming Father is off work on Father's Day, Father shall always have custody on Father's Day. Mother shall always have custody of the minor children on Mother's Day, and this provision shall supercede any periods of temporary custody given to Father above. 7. The parties shall attempt to work out an arrangement between themselves for custody on the upcoming Christmas holiday. If an agreement cannot be reached, either party may contact the Custody Conciliator directly for the scheduling of a Conciliation Conference in advance of the Christmas holiday. 8. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to change or modify this order in any way, that party may petition the court to have the case again scheduled for a Conference with the Custody Conciliator. BY THE COURT, cc: Johnna J. Deily, Esquire Michelle Graff ls/)A 710 1. v-1J. d v F? e-t ,) MILTON STACKRObLap,, Plaintiff MICHELLE GRAFF, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5250 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Quinton Edward Louis Stackfield, born June 27, 1987; Preston August Louis Stackfield, bom September 8, 1989; Dalton Thomas Louis Stackfreld, bom January 22, 1991. 2. A Conciliation Conference was held on October 14, 1999, with the following individuals in attendance: The Father, Milton Stackfield, with his counsel, Johnna J. Deily, Esquire; and the Mother, Michelle Graff, who appeared without counsel. 3. The parties agree to the entry of an order in the form as attached. DA Huben X. Gilroy squire Custody Concilator Lo ?, - c;t L. U C) _J J k . A AUG 1 7 20,4) r MILTON STACKFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHELLE GRAFF, NO. 99-5290 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this -"+day of August, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1 • A hearing is scheduled in Courtroom No. I of the Cumberland County Courthouse on Friday, the 25th day of August, 2000, at 8:30 a.m. at which time testimony will be taken in the above case. The hearing time is limited, and the parties shall be prepared to state on the record their concerns with respect to the issues before the Court with respect to exchange of custody and enforcement of the existing Custody Order. Counsel for the parties, or the parties if they choose to proceed without counsel, shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on those issues, and a specific custody order proposal for each party. This memorandum shall be filed on or before August 24, 2000. 2. Pending further Order of this Court, this Court's prior Order of October 21, 1999 shall remain in effect subject to the following modifications: A. Exchange of custody between the Mother and the Father shall take place at the Sheetz Convenience Store on Route 11 at the comer of Route I 1 and Allen Road in Carlisle. Father's alternating weekend custody shall start on Friday at 3:00 p.m. and continue until Sunday evening at 4:00 p.m. Father shall pick the children up at the Sheetz Store at 3:00 p.m. and shall deliver them to back to the Sheetz Store on Sunday at 3:00 p.m. at which time Mother will pick up: the children. B. Mother is specifically directed to abide by this Order and the prior Order of October 21, 1999. Appropriate law enforcement officials are hereby authorized to enforce the terms of this alternating weekend visitation to ensure that Father has custody of the children on the weekends. Father's periods of alternating weekends shall commence on Friday, August 18th with Father picking up the children at Sheetz at 3:00 p.m. -r -v 3. Counsel for the Father is directed to refer a certified copy of this Order to the Cumberland County Sheriff and direct the Mother to be served by the Sheriff in addition to the Mother receiving a copy through the normal mailing process of the Cumberland County Prothonotary. cc: Johnna J. Deily, Esquire Michelle Graff 924 Alexander Spring Road Carlisle, PA 17013 ? J MILTON STACKFIELD, Plaintiff v MICHELLE GRAFF, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5290 CIVIL M CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Quinton Edward Louis Stackfield, bom June 27, 1987; Preston August Louis Stackfield, bom September 8, 1989; and Dalton Thomas Louis Stackfield, bom January 22, 1991. 2. A Conciliation Conference was held on August 11, 2000, with the following individuals in attendance: The Father, Milton Stackfield, with his counsel, Johnna J. Deily, Esquire; the Mott,-r. Michelle Graff, appeared for approximately five (5) minutes. She became very agitated when the Conciliator advised the Mother that the Conciliator's custom is to only allow the parties and their legal counsel in the Conference. Although Mother started the Confe-_uce indicating she did not want legal representation, she demanded that her mother be able to be a party in the Conference. The Conciliator refused, and the Mother stormed out of the Conference demanding that a hearing be set. The Conciliation Order of Court suggests "failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order". By the Mother's actions, the Conciliator deemed her to have notice of the Conference and to willingly not attend the Conference. 4. The Father's issues at this point are arranging a location for exchange of custody and also obtaining enforcement of the existing Custody Order which Father suggests Mother is not abiding by. The Conciliator recommends the entry of an order in the form as attached to schedule a hearing on the contempt issue and to also address other issues pending the hearing. Yr-?0v a DATE Hubert X. Custody ( F ck? MILTON STACKHOtMM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LA W MICHELLE GRAFF, NO.99-5240-C1VIl. Defendant IN CUSTODY COURT ORDER AND NOW, this 2(51day of October, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Michelle Graff, and the Father, Milton Stackfield, shall enjoy shared legal custody of Quinton Edward Louis Stackfield, bom June 27, 1987; Preston August Louis Stackfield, bom September 8, 1989; and Dalton Thomas Louis Stackfield, bom January 22, 1991. 2. The Mother shall enjoy primary physical custody the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On two (2) weekends per month when Father is off work from c, Friday after school until Sunday evening at 4:00 p.m. r.: B. On Thursday evening of each week from after school until 7:30 p.m., except for the week that Father has off on Wednesday and she shall „- have the children on Wednesday evening instead of Thursday c? evening. Father shall communicate with Mother each weekend in advance to confirm which evening during the week he will have the children. 4. The parties shall altemate New Year's, Memorial Day, July 4'h, and Labor Day holidays pursuant to a scheduled worked out by the parties in advance when Father's yearly schedule comes out. Father shall notify Mother as to when he has the days off and the parties shall work out an arrangement so those holidays are shared equally. 5. Father shall always have custody of the minor children on Thanksgiving and Easter holidays from 3:00 p.m. until 8:00 p.m. 6. Assuming Father is off work on Father's Day, Father shall always have custody on Father's Day. Mother shall always have custody of the minor children on Mother's Day, and this provision shall supercede any periods of temporary custody given to Father above. The parties shall attempt to work out an arrangement between themselves for custody on the upcoming Christmas holiday. If an agreement cannot be reached, either party may contact the Custody Conciliator directly for the scheduling of a Conciliation Conference in advance of the Christmas holiday. 8. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to change or modify this order in any way, that party may petition the court to have the case again scheduled for a Conference with the Custody Conciliator. cc: Johnna J. Deily, Esquire Michelle Graff' BY THE COURT, MILTON STACKHOUSE, Plaintiff MICHELLE GRAFF, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 99-5250 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Quinton Edward Louis Stackfield, born June 27, 1987; Preston August Louis Stackfield, bom September 8, 1989; Dalton Thomas Louis Stackfield, bom January 22, 1991. 2. A Conciliation Conference was held on October 14, 1999, with the following individuals in attendance: The Father, Milton Stackfield, with his counsel, Johnna J. Deily, Esquire; and the Mother, Michelle Graff, who appeared without counsel. 3. The parties agree to the entry of an order in the form as attached. DATE Hubert X. Gilroy squire Custody Conciliator SHERIFF'S RETURN - REGULAR CASE NO: 1999-05290 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STACKFIELD MILTON VS GRAFF MICHELE STEVE WHISTLER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon GRAFF MICHELE the RESPONDANT at 0017:10 HOURS, on the 23rd day of August 2000 at 934 ALEXANDER SPRING ROAD CARLISLE, PA 17013 by handing to MICHELLE GRAFF a true and attested copy of ORDER OF COURT together with ACTION IN CUSTODY and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.96 Affidavit .00 Surcharge 10.00 .00 32.96 Sworn and Subscribed to before me this 30m- day of t 2ftd A. D. rothonotary ' So Answers: ?. 01009?0/? ! R. Thomas Kline 08/24/2000 SAIDIS, SHUFF & MASLAND By: Deputy' Sheriff MILTON STACKFIELD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE L. GRAFF DEFENDANT 99-5290 CIVIL ACTION LAW IN CUSTODY AND NOW, this _ 30TH day of AUGUST , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse Carlisle on the 20th day ofOCTOBER , 2000, at 10:30 a.m. 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. FOR THE COURT, By: _ Isl Hubert X ilay. E4. 60 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 6?&,-Oto a/- Oez-? ;!? 41,& - MILTON STACKFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE L. GRAFF, Defendant 99-5290 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of August, 2000, upon consideration of the petition for contempt filed by the Plaintiff in the above-captioned matter, and following a hearing, the Court finds that the Defendant, Michelle Graff, has intentionally, voluntarily and willfully failed to comply with the terms of the Order of Court heretofore entered by placing a condition upon the Plaintiff that he not see the children in the presence of his wife, and she is consequently adjudicated in contempt. The sentence of the Court is that the Defendant pay the sum of $100.00 as a consequence of the contempt. This order is entered without prejudice to either party to file a petition for modification if he or she feels that the present order is not satisfactory. Johnna J. Deily, Esquire For the Plaintiff Michele Graff 929 Alexander Spring Road Carlisle, PA 17013 C.'t aL to mu. ?Ec ( 9. /. oU It By the Court, ? , r, 1 ., MILTON STACKFIELD, Plaintiff V. MICHELE L. GRAFF Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5290 CIVIL TERM AND NOW, this 20`fi day of November, 2000, upon consideration of the attached letter from Johnna J. Kopecky, Esq., attorney for Plaintiff, the hearing previously scheduled in this matter for December 27, 2000, is rescheduled to Monday, January 8, 2001, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Johnna J. Kopecky, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Michele Graff 924 Alexander Spring Road Carlisle, PA 17013 Defendant, Pro Se Wesley er r., J. (-'? R?s :rc ?k LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JAMES D. FLOWER CARLISLE, PENNSYLVANIA 17013 JOHN E. SLIKE TELEPHONE: (717) 243-6222. FACSIMILE: (717) 243.6486 ROBERT C. SAIDIS EMAIL: ettomeyOssfl-law.com GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNA J. KOPECKY KART. M. LEDEBOHM JOSEPH L. HITCHINGS 'T'HOMAS E. FLOWER November 10, 2000 The Honorable J. Wesley Oler, Jr. Curaberi.r.4 County C3-rth'..uoL Court of Common Pleas Carlisle, PA 17013 Re: Stackfield v. Graff No. 99-5290 Dear Judge Oler: OF COUNSEL ALBERT H. MASLAND WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737.3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE I am in receipt of the Order scheduling the custody hearing in the above-captioned matter for December 27, 2000 at 1:30 p.m. I will be out of the office that day, and I believe that I had previously advised ycur secretary as such. Could you kindly reschedule this matter for another day that I will be in the office. Thank you for your cooperation in this matter, and I hope this does not pose any difficulty for your office. JJK:rlm Cc: Milton. Stackfield Michele Graff Very truly yours, MILTON STACKFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELE L. GRAFF, Defendant NO. 99-5290 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of January, 2001, upon consideration of Defendant's Petition for Special Relief, and Defendants having failed to appear for the hearing scheduled on the petition, and Plaintiff and his counsel having appeared and moved for a dismissal of the petition, the Plaintiff's motion is granted, the Defendant's Petition for Special Relief is dismissed, and the existing order of Court regarding custody dated October 21, 1999, shall remain in full force and effect. By the Court, i , J. Wesley Oler r., Johnna J. Kopecky, Esquire 26 West High gh Street Carlisle, PA 17013 Attorney for Plaintiff Michele Graff Q/ _ 9-01 924 Alexander Spring Road -Rks Carlisle, PA 17013 Defendant, Pro se srs hl