Loading...
HomeMy WebLinkAbout99-07779 • 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TOD R. EDWARDS, VS. CAROL P. EDWARDS, ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ?i(1 r), Esquire, the Custody Conciliator, on the _-day of i :4 ,, 2000, at a . `? gm. at _ Pennsylvania 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 a temporary order. Pending the conference, the status quo shall be maintained. All children ages (5) and older may also be present at the conference. Failure to appear at the conference may provided grounds for entry of a temporary or permanent order. BY THE COURT: -ULS-90 d.m ?! \ tm3a; J41, Date Custody Conciliator 01 ?l Plaintiff Defendant 00160353.1 /, X'7 21-T 44 <?5¢?( 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 TO GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY STREET CARLISLE, PA 17103 (717) 249-3166 OR 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 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 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. 00160353.1 -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY TOD R. EDWARDS, Vs. CAROL P. EDWARDS, Plaintiff Defendant No. 9 9. 77 V OtiiP % - COMPLAINT FOR CUSTODY 1. The Plaintiff is Tod R. Edwards who resides at 331 Willow Avenue, Camp Hill, Pennsylvania. 2. The Defendant is Carol P. Edwards who resides at 303 N. 17th Street, Camp Hill, Pennsylvania. 3. Plaintiff seeks shared physical custody of the following child: Name Present Residence Age/Date of Birth Bronwyn E. Edwards 303 N. 17th St Age 7 04/29/92 Camp Hill, PA and 331 Willow Ave Camp Hill, PA 4. The child was not born out of wedlock. 5. The child is presently in the shared physical and legal custody of Plaintiff and Defendant. 6. During the past five (5) years, the child has resided with the following persons and at the following address: 00160353.1 -1 Person A. Plaintiff and Defendant B. Plaintiff C. Defendant Address 303 N. 17th Street Camp Hill, PA 303 N. 17th Street Camp Hill, PA Dates Birth to May, 1993 May, 1993 to Present 331 Willow Avenue May, 1993 to Present Camp Hill, PA 7. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Name Relationship Sheri L. Edwards Wife Dustin K. Droege (age 13) Step-son Alana K. Droege (age 9) Step-daughter Brent M. Droege (age 7) Step-son 8. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Name Relationship N/A N/A 9. 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. 10. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 00160353.1 -2- 12. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff and Defendant live in close proximity to each other (7 blocks apart), and within 5 blocks of the child's school. In addition, the child desires to spend as much time as possible with each parent and Plaintiff, like Defendant, has the desire, opportunity and ability to care for the child. Since the separation, Plaintiff has had partial physical custody of the child for several days each month in excess of the customary non-custodial schedule. 13. Each parent whose parental rights 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address N/A N/A Basis of Claim N/A WHEREFORE, Plaintiff, Tod R. Edwards, requests the court grant shared physical custody of the child to him. HARTMAN UNDERHILL & BRUBAKER LLP By: Michael W. Babic Attorney I.D. # 32283 Attorney for Plaintiff 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 -3- 00160353.1 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. §4904 relating to unsworn falsification to Tod R. 00160353.1 t ? U r ? 'V ?? l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TOD R. EDWARDS, Vs. CAROL P. EDWARDS, Plaintiff No. 99-7779 CIVIL TERM Defendant ACCEPTANCE OF SERVICE I, Charles E. Friedman, Esq. accept service of the Complaint for Custody on behalf of Carol P. Edwards and certify that I am authorized to do so. %nYtit_ Dated: 10 0 Charles E. Freidman, Esquire Friedman & Hoch, PC Attorneys for Defendant 305 N. Front Street, Suite 402 P.O. Box 885 Harrisburg, PA 17108 00161661.1 Y O h co (n ' I• ?-' O o ' l U TOD R. EDWARDS, IN THE CCURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7779 CIVIL TERM CAROL P. EDWARDS, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this el-M day of /W A2 t , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Tod R. Edwards, and the Mother, Carol P. Edwards, shall have shared legal custody of Bronwyn E. Edwards, born April 29, 1992. 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. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father --hall have custody of the Child for two consecutive weekends, with the first weekend running from Wednesday after school until the following Sunday at 7:30 p.m., and the second weekend running from Thursday after school to the following Monday after school. The Mother shall have custody of the Child for the next two consecutive weekends and this four week pattern shall continue throughout the year. The schedule shall begin with the Father having custody of the Child on Wednesday after school on March 29, 2000. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father under paragraph A. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CRRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:30 p.m. through Christmas Day at 12:30 p.m. and, Segment B, which shall run from Christmas Day at 12:30 p.m. through December 26 at 7:30 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during segment A in even numbered years and during Segment B in odd numbered years. The parties shall cooperate in discussing custody arrangements for the Child for the remainder of the Christmas school break by Thanksgiving of each year. THANRSGIYING: In even numbered years, the mother shall have custody of the Child on Thanksgiving from 9:00 a.m. until 7:30 p.m. In odd numbered years, the Father shall have custody of the Child on Thanksgiving from 9:00 a.m. until 7:30 p.m. C. EffifORIAI DAy/LpgOR DAY: The party who has custody of the Child under the regular schedule over the weekend immediately preceding Memorial Day and Labor Day shall retain custody of the Child through the Monday holiday at 7:30 p.m. D. MOTEffii'S DAY/FATfJER'S DRAY: The Father shall be entitled to have a four hour period of custody on Father's Day and the Mother shall be entitled to have a four hour period of custody on Mother's Day, with the specific time to be arranged by agreement of the parties. E. CECQ D'S BIRTHDAY: In the event that the child's birthday falls on a Saturday or Sunday, the non-custodial parent shall be entitled to have a four hour period of custody on the Child's birthday, with the specific time to be arranged by agreement of the parties. F. PARENTS' BIRTHDAYS: in the event that a party's birthday falls on a Saturday ar Sunday and the party having the birthday does not have custody of the Child on that day, the party having the birthday shall be entitled to have custody of the Child for a four hour period, with the specific time to be arranged by agreement of the parties. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have custody of the Child for a vacation for 2 nine day periods during the summer school break each year, upon providing thirty days advance notice to the other party. When planning vacations under this provision, the parties agree to use their regularly scheduled time with Bronwyn as part of the vacation period. 5. The parties agree that during the Father's custodial periods, the mother may pick up the Child from school and return her to the Father or the Father's neighbor or, the Father may pick the Child up at the Mother's residence. The parties also agree that if the Father is available to pick up the Child after school on days during the Mother's custodial periods, the Father shall have the option to do so after consulting with the Mother. The purpose of this arrangement is to avoid having the Child go to after school care when one of the parties is available. 6. If either party is unavailable to provide care for the Child during his or her period of custody for a period of two consecutive overnights or longer, that party shall first contact the other party to offer the opportunity to provide the care before contacting third party caregivers. 7. The parties shall continue to schedule regular telephone conferences and meetings in order to discuss issues relating to the Child. 8. The parties agree to return to mediation in the event a dispute arises as to any major change to the custody arrangements. 9. 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 T, J. cc: Michael W. Babic, Esquire - Counsel for Father Charles E. Friedman, Esquire - Counsel for Mother ?` O r R.- 4 i; CL G. L?l*jiOy PEI ?i\:,YL!;^161 TOD R. EDWARDS, . IN THE COURT OF CCMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7779 CIVIL TERM CAROL P. EDWARDS, CIVIL ACTION - LAW Defendant CUSTODY CUSTODY OCNCILIATICN 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 CMUMMY IN CUSTODY OF Bronwyn E. Edwards April 29, 1992 Mother/Father 2. A Conciliation Conference was held on March 23, 2000, with the following individuals in attendance: The Father, Tod R. Edwards, with his counsel, Michael W. Babic, Esquire, and the mother, carol P. Edwards, with her counsel, Charles E. Friedman, Esquire. 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esquire / Custody Conciliator