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HomeMy WebLinkAbout03-3511JEREMY L. RUFF, Plaintiff STACY M. SHIELDS, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. - : C1VIL ACTION - AT LAW : CUSTODY Name Present Residence Age Noah W. Ruff 60 Hickory Town Road 8½ weeks Carlisle, PA 17013 DOB 5/26/03 The child is presently in the custody of his mother, Plaintiff, who resides at 60 Hickory Town Road, Carlisle, Cumberland County, Pennsylvania 17013. Defendant Defendant's mother Defendant's step-father Defendant's sister Since birth, the child has resided with the following persons and at the following address: 60 Hickory Town Road 5/30/03 to present Carlisle, PA 17013 COMP!.~,INT IN CIISTOI)¥ AND NOW, the Plaintiff, Jeremy L. Ruff, by and through his attorney, Jearm6 B. Costopoulos, Esquire, makes the following Complaint in Custody: 1, The Plaintiff, Jeremy L. Ruff, is an adult individual who currently resides at 207A Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Stacy M. Shields, is an adult individual who currently resides at 60 Hickory Town Road, Carlisle, Cumberland County, Pennsylvania, 17013. The Plaintiff seeks shared physical and legal custody of the following child: The natural mother of the child is Defendant, Stacy M. Shields, currently residing at 60 Hickory Town Road, Carlisle, Cumberland County, Pennsylvania 17013. The natural father of the child is Jeremy L. Ruff, Plaintiff, currently residing at 207A Mulberry Drive, Meehanicsburg, Cumberland County, Pennsylvania 17050. Plaintiffand Defendant have never been married to each other and the child was bom out of wedlock. 5. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: none. The relationship of Defendant to the child is that of natural mother. Mother currently resides with the following persons: Defendant's mother, Defendant's step-father, Defendant's sister, the subject child. 6. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 8. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) (b) Plainfiffis the natural father of the child. Plaintiff was spending time with the child on a daily basis until July 16, 2003. Defendant has since refused to allow him to see the child unless he signs a document agreeing to give her primary physical custody. 9. Each parent whose parental fights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the fight to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order granting shared physical and legal custody of his son. Respectfully submitted, Dated: Jearm6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 JEREMY L. RUFF, Plaintiff VS. STACY M. SHIELDS, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - AT LAW : CUSTODY VERIFICATION I, Jeremy L. Ruff, hereby verify that the statements made in the foregoing Complaint in Custody are frae and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: JEREMY L. RUFF PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3511 CIVIL ACTION LAW STACY M. SHIELDS : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 30, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 26, 2003 at 2:00 PM 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 ap0ear 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/ Dawn S. Sunday. Esq. f~ 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 TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JEREMY L. RUFF, Plaintiff VS. STACY M. SHEILDS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3511 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ,._L-~4 day of ~' ~Jl- , 2003, upon consideration of the attached Custody Conciliation Report, it lis brdered and directed as follows: 1. The Father, Jeremy Ruff, and the Mother, Stacy Shields, shall have shared legal custody of Noah W. Ruff, bom May 26, 2003. Each parent shall have an equal fight, 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 regar{ting his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: The Father shall have custody ofthe Child on August 27, August 29, August 31, September 2 and September 4 from 5:30 pm, when the Father shall pick up the Child at the Mother's residence through 7:30 pm on alternate days when the Mother picks up the Child and through 8:00 pm on aliemate days when the Father transports the Child to the Mother's residence. The periodslofpartial custody under this provision shall begin on August 27th with the Mother picl~ing up the Child at 7:30 pm. Pending the conciliation conference scheduled in this Order, beginning on Sunday, September 7, 2003 the Father shall have custody of the Child during alternating weeks on Sunday from 9:00 am until 6:00 pm (with the exception of the first Sunday, September 7, which shall nm froth 12:00 noon until 6:00 pm) and on Tuesday and Thursday evenings. During the iffierim weeks, the Father shall have custody of the Child on Monday, Wednesday anlt Friday evening. The weekday periods of custody shall run from between 5:10 pm and 5:30 pm when the Father shall pick up the Child at the Mother's residence through 8~30 pm (during alternate days when the Father shall transport the Child to the Mother'~ residenc,e) or 8:00 pm (on alternate days when the Mother shall pick up the Child at Ire Father s residence). The Mother shall have custody of the Child at all times not otherwise specified for the Father in this Order. The parties agree that all exchanges of custody shall be conducted cooperatively and civilly for the benefit and well-being of the Child. The Father shall remain in his vehicle during all exchanges of custody at the Mother's residence and the Mother shall ensure that her stepfather has no physical or verbal contact with the Father during exchanges of custody. 3. Each party shall ensure that there is no smoking in the building or vehicle when the Child is present during his or her periods of custody. 4. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn Sunday, on the 13th day of November 2003 at 8:30 am . The purpose of the conference shall be to establish ongoing custody arrangements which will best serve the Child's interests. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: ~,~,e B. Costopoulos, Esquire - Counsel for Father ,,~arol J. Lindsay, Esquire - Counsel for Mother q 0c/-o8-o3 JEREMY L. RUFF, Plaintiff VS. STACY M. SHE1LDS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3511 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 Child who is the subject of this litigation is as follows: NAME Noah W. Ruff DATE OF BIRTH CURRENTLY IN CUSTODY OF May 26, 2003 Mother 2. A Conciliation Conference was held on August 26, 2003 with the following individuals in attendance: The Father, Jeremy L. Ruff, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Stacy M. Shields, with her counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquirev Custody Conciliator JEREMY L. RUFF, Plaintiff VS. STACY M. SHIELDS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3511 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~-'7 } day of ~ dc e' --- ~.~ C-~ , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 5, 2003, is vacated and replaced with this Order. 2. The Father, Jeremy Ruff, and the Mother, Stacy Shields, shall have shared legal custody of Noah W. Ruff, bom May 26, 2003. 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 his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. Through February 14, 2004, the Father shall have partial physical custody of the Child during alternating weeks on Sunday fi.om 9:00 am until 6:00 pm and on Tuesday and Thursday evenings. During the interim weeks, the Father shall have custody on Monday, Wednesday and Friday evenings. The weekday periods of custody shall run from between 5:10 pm and 5:30 pm when the Father shall pick up the Child at the Mother's residence, through 8:30 pm (during alternate days when the Father shall transport the Child to the Mother's residence) or 8:00 pm (on alternate days when the Mother shall pick up the Child at the Father's residence). 5. Beginning February 14, 2004, the Father shall have partial physical custody of the Child on alternating weekends from Saturday at 9:00 am through Sunday at 6:00 pm and every Tuesday and 90 :~ I~<{ E- 3HO EO Thursday evening from between 5:10 pm and 5:30 pm through 8:00 pm. In the event the Father is not working on a weekday when he has a period of custody, the Father may pick up the Child at the Mother's residence or the maternal grandmother's place of employment upon providing at least 2 days advance notice to the Mother. 6. Beginning on June 1, 2004, the Father shall have partial physical custody of the Child on alternating weekends from Friday after work through Sunday at 6:00 pm. In addition, during weeks following the Father's weekend periods of custody, the Father shall have custody of the Child on Tuesday and Thursday evenings and, during weeks following the Mother's weekend periods of custody, the Father shall have custody on Tuesday evenings only. The weekday periods of custody shall be at the same times as provided in the preceding paragraph of this Order. 7. The parties shall share having custody of the Child on holidays as follows: A. THANKSGIVING: In 2003, the Father shall have custody of the Child on Thanksgiving Day from 9:00 am until 2:30 pm and the Mother shall have custody for the remainder of the day beginning at 2:30 pm. B. CHRISTMAS: In 2003, the Father shall have custody of the Child on Christmas Eve from 12:30 pm through 7:30 pm, the Mother shall have custody from Christmas Eve at 7:30 pm through Christmas Day at 12:30 pm, and the Father shall have custody on Christmas Day from 12:30 pm until 7:30 pm. C. NEW YEARS: In 2004, the Father shall have custody of the Child on New Years Day from 9:00 am until 2:30 pm and the Mother shall have custody for the remainder of the day beginning at 2:30 pm. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 8. Unless otherwise specified in this Order or agreed between the parties, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. The parties agree that all exchanges of custody shall be conducted cooperatively and civilly for the benefit and well-being of the Child. 9. Each party shall ensure that there in no smoking in the building or vehicle when the Child is present during his or her periods of custody. 10. Counsel for either party may contact the conciliator through June 1, 2004 to schedule an additional custody conciliation conference to review the custody arrangements, if necessary. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J~/~Vesley O er, cc:~earme B. Costopoulos, Esquire - Counsel for Father ,..L>arol J. Lindsay, Esquire - Counsel for Mother q . JEREMY L. RUFF, Plaintiff VS. STACY M. SHIELDS Defendant Prior Judge: J. Wesley Oler, Jr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3511 C1VIL 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: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Noah W. Ruff May 26, 2003 Mother 2. A Conciliation Conference was held on November 13, 2003, with the following individuals in attendance: The Father, Jeremy L. Ruff, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Stacy M. Shields, with her counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, EsqUire Custody Conciliator