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HomeMy WebLinkAbout99-06779 ?> JAN 2 8 2000a `U TAWNYA R. FOGELSONGER• IN'I'IIE COURT OF COMMON PLEAS OR Plaintiff CUMI3ERI.AND COON"I'1', PI--NNSYLVANIA CIVIL ACTION - LAW MICIiAEL D. CRAIG. NO.99-6779 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this day ol'-,1a ;>d( rniary. _800, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as folio\ws: I. A hearing is scheduled in Courtroom No. a of the Cumberland County Courthouse on the -,qyh day of 71(n ?? 2000 at k(/5 . M. at Which time testimony will be taken in this case. At that hearing, the Mother. Tawnya R. Folgelsongcr, shall be the moving party and shall proceed initially with testimony. Counsel for the parties 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 list of witnesses who will be called to testify at the hearing and a summary, of the anticipated testimony of each witness. This memorandum shall be filed at least live (5) days prior to the mentioned hearing date. 2. Pending further order of this Court, the existing custody arrangement shall remain in place which, generally, provides as follows: A. Father shall have custody of the minor child on three (3) out of four (d) Weekends from Friday evening through Monday morning when Father shall deliver the child to daycare. In the event that Father is not working on Monday, he may retain custody during the day on Monday. On the weekdays after the weekend Mother has custody. Father shall have custody from Monday evening through Wednesday morning when Father shall deliver the child to daycare. If Father does not have work on that Wednesday, lie can retain the child during the day on Wednesday. B. At other times. unless agreed otherwise by the parties, the Mother shall have custody of the minor child. C. The parties shall continue to alternate/share holidays as they have in the past. I The temporary custody order set forth above shall not in any way prejudice the parties in asserting that the actual physical custody arrangemenyprior to January 20, 2000 was different than as set forth in the temporary order. cc: Bradlev L. Griftie. Esquire Lynn MacIIride, Esquire BY TI IE COURT. J. l ? co 'fie n''/1 2-3-00 R0 TAWNYA R. FOGELSONGER, Plaintiff MICHAEL D. CRAIG. Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 99-6779 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: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jacquelyn R. Craig, born June 21, 1995 2. A Conciliation Conference was held on January 20, 2000, with the following individuals in attendance: The Mother, Tawnya R. Folgelsonger, with her counsel, Bradley L. Griffie, Esquire; and the Father, Michael D. Craig, with his counsel, Lynn MacBride. Esquire. 3. Mother originally filed the petition seeking a formal custody order. Circumstances are now such that Mother may be relocating from the Cumberland County area. The parties are not able to reach an agreement with respect to a permanent order especially in light of Mother's plans to relocate. A hearing is necessary. The Conciliator recommends the entry of an order in the form as attached which includes a recommended interim custody order that is loosely based on the Conciliator's understanding of the existing custody schedule. 1 at by Hubert X. Gilroy, quire DATE Custody Conci 'for TAWNYA R. FOGELSONGER, IN THE COURT OF CONINION PLEAS OF Plaintiff CUb1f3ERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION- LAW MICHAEL D. CRAIG, NO. 99-6779 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW this 'Ld-day of April, 2000, upon notification of the fact that the parties have reached an agreement, which they are attempting to document for presentation to the Court, the hearing in this matter previously scheduled 1'or March 29, 2000, at 8:45 a.m. is continued to April 27, 2000, at 1:30 p.m. BY THE COURT, i Edgar D. Bayley, J. n A`? 00 4?5 ?? TAWNYA It. FOGELSONGER, IN .1'111? COURT OP CON1Ni0\ ['LEAS OI' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVILAC'HON - LAW MICHAEL D. CRAIG, NO.99"I CIVIL TERM Defendant IN CUS'T'ODY ORDER OF couin Noo,-°ni h ?' AND NOW, this 1? clay of z ?-r 1999, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before 1?l?wrly ?rF..'the conciliator, at Jai ? .-?(?!^ ,?T• I \ kt`^U?.tC C° Cumberland County. Pennsylvania, on the 1L day of T-CC, 1999, at ?.Gu o'clockV.nt., for a Pre-Ilearing 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. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: 13y: JI31J. ( d l'i( a?-?'?? Custody Conciliator y YOU SHOULD TAKE THIS PAPFR TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNO'T' AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE" YOU CAN GET LEGAL HELP. CUMBEIRI.AND COUNTY 13AR ASSOCIATION Z Liberty Avenue CARIASI[J', PA 17013 (717) 240-3166 TAWNYA R. FOGELSONGER, Plaintiff MICHAEL D. CRAIG, Defendant COMPLAINT FOR CUSTODY I. Plaintiff is Tawnya R. Fogclsonger, an adult individual currently residing a 135 Nest King Street, Shippcnsburg, Cumberland County, Pennsylvania. 2. Defendant is Michael D. Craig, an adult individual currently residing at 2471 Roxbury Road, Shippcnsburg, Franklin County, Pennsylvania. 3. The parties are the natural parents of one (1) child, Jacquelyn R. Craig, bom June 21, 1995. The child was born out of wedlock. 4. Since the child's birth, the child has resided with the following persons at the W 'I'l lr_ Coma OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVILACI'ION - LAW NO. ?77y CIVIL TERM IN CUSTODY following addresses for the following periods of time: NAME ADDRESS DATES Tawnya R. Fogclsonger Michael McCain Tawnya R. Fogclsongcr Michael McCain Thomas Fogclsonger 135 West King Street Shippcnsburg, PA 17257 9934 McCreary Road Shippcnsburg, PA 17257 April 4, 1999, to Present March 3, 1998 to April 4, 1999 Tawnya R. Fogclsongcr 9934 McCreary Road June 1996 to Thomas Fogclsongcr Shippcnsburg, PA 17257 March 3, 1998 NAM(: Tawnya R. Fogelsonger Michael D. Craig Thomas Fogelsonger Tawnya R. Fogelsongcr Thomas Fogelsonger Ellen Fogelsonger Michael D. Craig Tawnya R. Fogelsonger Michael D. Craig ADDRESS DATFS 9934 McCreary Road April 1996 to Shippcnsburg. PA 17257 June 1996 9934 McCreary Road January 1996 to Shippcnsburg, PA 17257 April 1996 66 Bast King Street Birth to Shippcnsburg, PA 17257 January 1996 The natural mother of the child is Tawnya R. Fogelsonger, who resides as aforesaid. She is single. The natural father of the child is Michael D. Craig, who resides as aforesaid. I-le is single. 5. The relationship of Plaintiff to the child is that of natural mother. Plaintiff currently resides with the child and her fiancee, Michael McCain. 6. The relationship of Defendant to the child is that of natural father. Defendant currently resides with his rather, Richard Craig. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. S. Plaintiff has no information orally custody proceedings concerning the child pending in any Court of this Commonwealth. 9. It is in the best interest and permanent wcl&u'c of the child to grant the relief requested because: ?? F/:iYMeR?n a) Plaintiff has been the primary caretaker and provided the child with her primary mental, emotional, and physical needs since birth; b) Plaintiff has actively engaged in efforts to maintain an appropriate and active relationship between Defendant and the child; and c) Plaintiff has been the only responsible party seeing to the medical and educational needs of the child since the child's birth. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to schedule a Custody Conciliation Conference followed by a hearing at which tine the parties should be granted shared legal custody with primary physical custody in Plaintiff. Respectfully submitted, nffie; Esquire Plaintiff h y for RIFFIE & E & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICA11ON I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of IS Pa.C.S. Section 4904. relating to unsworn falsifications to authorities. DATE: TAWNYA R. FOGELSONGER, Plaintiff r ' ?.; i ', u' C?" }'' (_? , f C t G • : L. ? f.. (. (.? TAWNYA R. FOGELSONGGR, IN'1'111: COUIZ'I' UP C'O:`Ii%ION PLEAS Of' Plaintiff C'UMBI'.RLAND COUNTY. PENNSYLVANIA V. : CIVIL.ACTION-LAW MIC'IIAI:L D. CRAIG. NO. 99-6779 CIVIL THRM Defendant IN CUSTODY ORDER or COURT AND NOW, this day of / t 1 2000, upon presentation and consideration of the within CuslOdy Stipulation and Agreement it is hereby ordered and directed as follows: The parties, T-11VA -1 R. FOGEL.SONGF.R, (hereinafter referred to as "Mother") and, MICHAEL D. CRAIG, (hereinafter referred to as "Father") shall have shared legal custody of their Child. JACQUELYN R. CRAIG, BORN June 21, 1995, (hereinaflcr referred to as "Child"). 2. The parties will share physical custody of the Child with iYlother having primary physical or residential custody of the Child and Father having periods of partial physical or residential custody of the Child on the following schedule: a. For three weekends out of every lour weekends. From Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m., with Mother's weekend of retaining custody being April , 2000: b. Following any weekend when Father has physical custody of the Child, if the Child does not have school on Mond:rv, Father will retain physical custody Of the Child until 6:00 p.m. on that Monday evening: and C. At other limes as the parties may agree. 3. During the summer vacation months, the parties shall alternate physical custody of the Child on a two week alternating basis. Father shall have custody of the Child for a two week period beginning at 6:00 p.m. on the first Friday after school has dismissed for the summer vacation, retaining custody for two consecutive weeks. Thereafter, Mother shall have custody from that Friday evening two weeks later, at 6:00 p.m. for a two week period. This two week alternating period shall end on the last Friday before school is scheduled to begin with the Child either remaining with or being returned to Mother at 6:00 p.m. on that Friday. Mother shall then retain custody of the Child that weekend and the following weekend shall begin Father's three consecutive weekends of physical custody as described in paragraph 2a above. 4. During any spring break period each year, Father shall have physical custody of the Child from 6:00 p.m. on the last day of school before the spring break until 6:00 p.m. on the last day of spring break bcforc school is to begin. 5. The parties shall alternate physical custody or the following holidays for the times set forth below: a. During the Easter holiday, the period for the holiday shall be from 6:00 p.m. on the last day of school until 6:00 p.m. on the last day of Easter break before school begins. Mother shall have custody of the Child for Easter in even numbered years and Father shall have custody of the Child in odd numbered years; b. During the Memorial Day holiday, the period for the holiday shall be from 6:00 p.nu. on the l'-ridgy prior to Nienuorial Day until 6:00 p.nu. on Memoriai Day. I ;nher shall have custody of the Child for having Memorial Day in even numbered years and Mother shall have Memorial Day in odd numbered years; C. During the Fourth of July holiday, the period for the holiday shall be from 6:00 P.111. Oil Judy 3"' until 6:00 p.m. Oil July 5. Mother shall have physical custody of the Child for the fourth of July in cvcn numbered years and father shall have physical custody of the Child in odd numbered years; d. During the Labor Day holiday, the period for the holiday shall be from 6:00 p.m. on the Friday before the Labor Day weekend until 6:00 p.m. on Labor Day. Father shall have physical custody of the Child during Labor Day in even numbered years and Mother shall have physical custody of the Child in odd numbered years; C. For two alternating periods during the Thanksgiving vacation period as follows: (i) Period one shall be from 6:00 p.nl. on Wednesday prior to Thanksgiving until 6:00 p.m. on the Friday following "Thanksgiving; and (ii) Period two being from 6:00 p.m. on the Friday following "Thanksgiving until 6:00 p.m, on the Sunday following Thanksgiving; Mother shall have physical custody of the Child for the first period in even numbered years and the second period in odd numbered years. Father shall have physical custody of [Ile Child for the second period in even numbered years and the lirsl period in odd numbered y ears. ; and r. For two alternating periods during the Christmas holiday season as follows: (i) Period one shall be front 6:00 p.m. on the last day of school prior to the Christmas holiday until 2:00 p.m. on Christmas Day; and (ii) Period two shall be from 2:00 p.m. on Christmas Day until 6:00 1.111. oil January I. Father shall have physical custody of the Child for the first period described above in even numbered years and shall have the second period in odd numbered years. Mother shall have physical custody of the Child for the second period in even numbered years and the first period of custody in odd numbered years. 6. The parties will attempt to accommodate an arrangement where the Child shall always be with the Mother during Mother's Day weekend and with Father on Father's Day weekend. In the event this requires an exchange of weekends, the parties will attempt to accommodate each other to sec that the Child is with the respective parent on their designated Mother's or Father's Day. 7. The parties agree that they will share transportation of the Child for Father's period of partial custody by meeting at the Pennsylvania "Turnpike at Fxit 19, Harrisburg Bast, at the designated pick all and drop off times set forth above. The parties may modify the pick up times or place by mutual agreement made in 8. 9 writing. 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 property medical care of the Child. 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. BY THE COURT, i Edgar B. Bayley; ,J. cc: Bradley L. Criffie, Esquire Attorney for Plaintiff Lynn Y. MacBride, Esquire Attorney for Defendant l?.c?.?QECL lC 0 O r: h'? r? :,'r?r ? ? ?.. _ ? f, ' ! ,':v ,, ,WNYA R. FOGELSONGER, IN TIIE COURTOF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MICHAEL D. CRAIG, NO. 99-6779 CIVIL TERM Defendant IN CUSTODY CUSTODY STIPULATION & AGREEMENT `- 'THIS S"rIPULATION AND AGREEMENT entered into the day and year hercinilA reset <' Forth, by and between T?IIVN)'A R. FOGELSONGER (hereinafter referred to as "Mother") and MICHAEL D. CRAIG (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one child, namely JACQUELYN R. CRAIG, born June 21, 1995, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into an 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: The parties, TAIVNYA R. FOGELSONGER, (hereinafter referred to as "Mother") and, MICHAEL D. CRAIG, (hcrcinaftcr referred to as "Father") shall have shared legal custody of their child, JAC'QUELIW R. CRAIG, BORN Junc 21, 1995, (hereinafter referred to as "Child"). 2. The parties will share physical custody of the Child with Mother having primary physical or residential custody of the Child and Father having periods of partial physical or residential custody of the Child on the following schedule: a. For three weekends out of every four weekends, from Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m., with Mother's weekend of retaining custody being April , 2000; b. I-ollowing any weekend when Father has physical custody of the Child, if' the Child does not have school oil Monday, Father will retain physical custody of the Child until 6:00 p.m. on that Monday evening; and c. At other times as the parties may agree. 3. During the sununcr vacation months, the parties shall alternate physical custody of the Child on a two week alternating basis. Father shall have custody of the Child for a two week period beginning at 6:00 p.m. on the first Friday after school has dismissed for the summer vacation, retaining custody for two consecutive weeks. Thereafter, Mother shall have custody from that Friday evening two weeks later, at 6:00 p.m. for a two week period. This two week alternating period shall end on the last Friday before school is scheduled to begin with the Child either remaining with or being returned to Mother at 6:00 p.m. on that Friday. Mother shall then retain custody of the Child that weekend and the following weekend shall begin Father's three consecutive weekends of physical custody as described in paragraph 2a above. 4. During any spring break period each year, Father shall have physical custody of the Child from 6:00 p.m. on the last day of school before the spring break until 6:00 p.m. on the last day ol'spring break before school is to begin. 5. The parties shall alternate physical custody or the following holidays for the times set forth below: a. During the raster holiday, the period f'or the holiday shall be from 6:00 p.m. on the last day of school until 6:00 p.m. on the last day of Laster break before school begins. Mofber shall bave custody of the Child for Laster in even numbered years and Father shall have custody of the Child in odd numbcrcd years; b. During the Memorial Day holiday, the period for the holiday shall be from 6:00 p.m. on the Friday prior to Memorial Day until 6:00 p.m. on Memorial Day. Father shall have custody of the Child for having Memorial Day in even numbered years and Mother shall have Memorial Day in odd numbcrcd years; C. During the Fourth of July holiday, the period for the holiday shall be from 6:00 p.m. on July 3" until 6:00 p.m. on July 5. Mother shall have physical custody of the Child for the Fourth of July in even numbered years and Father shall have physical custody of the Child in odd numbcrcd years; d. During the Labor Day holiday, the period for the holiday shall be from 6:00 p.m. on the Friday before the Labor Day weekend until 6:00 p.m. on Labor Day. Father shall have physical custody of the Child during Labor Day in even numbered years and Mother shall have physical custody of the Child in odd numbered years; C. For two alternating periods during the Thanksgiving vacation period as follows: (i) Period one shall be from 6:00 p.m. on Wednesday prior to Thanksgiving until 6:00 p.m. on the Friday following Thanksgiving; and (ii) Period two being from 6:00 p.m. oil the Friday following Thanksgiving until 6:00 p.m. on the Sunday following Thanksgiving; Mother shall have physical custody of the Child for the first period in even numbered years and the second period in odd numbcrcd years. Father shall have physical custody of the Child for the second period in even numbered years and the first period in odd numbcrcd years.; and f. For two alternating periods during the Christmas holiday season as follows: (i) Period one shall be from 6:00 p.m. on the last day of school prior to the Christmas holiday until 2:00 p.m. on Christmas Day; and (ii) Period two shall be from 2:00 p.m. on Christmas Day until 6:00 p.m. on January I. Father shall have physical custody of the Child for the first period described above in even numbcrcd years and shall havc the second period in odd numbered years. Mother shall have physical custody of the Child for the second period in even numbered years and the first period of custody in odd numbered years. 6. The parties will attempt to accommodate an arrangement where the Child shall always be with the Mother during Mother's Day weekend and with Father on Father's Day weekend. In the event this requires an exchange of weekends, the parties will attempt to accommodate cach other to sec that the Child is with the respective parent on their designated Mother's or Father's Day. 7. 'fhc parties agree that they will share transportation of the Child for Father's period of partial custody by meeting at the Pennsylvania "Turnpike at Exit 19, Harrisburg Bast, at the designated pick up and drop off times set forth above. The parties may modify the pick up times or place by mutual agreement made in writing. 3. 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 site desires consistent with the property medical care of the Child. 9. 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. 10. 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. 11. 'rhe parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child, who has resided for an excess of six (6) months in Cumberland County, Pennsylvania. 12. 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. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is 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: v1,7,r)w /&,!W Z. Z"Lutcl TAW YA R. FOGS SONS GER t,_ MICHAEL D. CR IG COMMONWEALTH 01' PENNSYLVANIA COUNTY 01' On this 1jday of ? 1 2000, before n1c, the undersigned officer, personally appeared TAWNYA R. FOGELSONGER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that site executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hcrcunto set my hand and official seal. x?«/ 7/ t NOTARIAL SEAL EDMUND B. PYLE, 111, Notary Public Schuylkill Twp., Chester County M Commission Ex ires Au . 1.2000 COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this ? "41' day of /Pa z 2000, before mc, the undersigned ofGccr, personally appeared MICHAEL D. CRAIG, 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 hcrcunto set my hand and official seal. ?NotarY Soa1 Public SwcnY A• S ?o Ftaani-- County Co nmYEion Expires Jan. 12- -0-00 1