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HomeMy WebLinkAbout03-4435MICHAEL PEIFER, Plaintiff SHARON CASEY, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 4~ -- ,~/X¢~" : CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the above Plalntiffby and through his attorney, Jay R. Braderman, Esquire, and files the following Complaint: 1. The Plaintiff is Michael Peifer, an adult individual, who currently resides at 524 Carol Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant is Sharon Casey, an adult individual, who currently resides at 226 Reno Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Plaintiff seeks shared legal custody and primary physical custody of the following The child was born out of wedlock. The child is presently in the custody of Plaintiff, who resides at 524 Carol Street, New Cumberland, Cumberland County, Pennsylvania, 17070. child: Name Present Residence Date of Birth William C. Peifer 524 Carol Street 11/11/89 New Cumberland, PA 17070 4. During the past five (5) years, the child has resided with the following persons at the following addresses: A. Plaintiff, Michael Peifer and Defendant, Sharon Casey at 524 Carol Street, New Cumberland, Pennsylvania, from September 1998 until February 2003. B. With Sharon Casey at 5~24 Carol Street, New Cumberland, Pennsylvania, from February 2003 until about July 6, 2003. C. With Michael Peifer from about July 6, 2003 until the present. 5. The mother of the child is Defendant, Sharon Casey, who currently resides at 226 Reno Street, New Cumberland, Cumberland County, Pennsylvania. She formerly lived with the father of the child but the parties were never married. 6. The father of the child is Plaintiff, Michael Peifer, who currently resides at 524 Carol Street, New Cumberland, Cumberland County, Pennsylvania. He formerly lived with the mother of the child, but the parties were never married. 7. The relationship ofPlaintiffto t. he 6hild is that of Father. The PIaintiffcurrently does not reside with anyone except the child. 8. The relationship of Defendant to the child is that of Mother. The Mother is believed to be residing with other persons, but they are not related to the Defendant, nor are their exact names known at this time. 9. Plaintiffhas 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 any person not a party to these proceedings who has physical custody of the child or who claims to have custody or visitation fights with regard to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiffhas acted in the capacity of the child's primary caregiver and has continued to do so since July of 2003; B. Plaintiff and the child have a strong loving relationship which should continue; C. Plaintiffis able to provide a nuturing, loving and stable home environment for the child, which type of environment is not available to the child if he resided with the Defendant, his mother; D. And other reasons which may fully appear at conference. 11. Each parent whose parental rights to the child which have not been terminated, and the person who has physical custody of the child, have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff, Michael Peifer, requests this Honorable Court to grant shared legal custody and primary physical custody of the child to Plaintiff Date:~/~~ Respectfully submitted, [~r~a~ ~.m_ Esquire D. ~c~ 0 )47an' >,6 Loc Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff VERI~CATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of18 Pa.C.S §4904 relating to unswom falsification to authorities. Date Michael Peifer MICHAEL PEIFER PLAINTIFF V. SHARON CASEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4435 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Wednesday, September 17, 2003 , 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 301 Market Street, Lemoyne, PA 17043 on Tuesday, October 14, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard hy 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. Gree~oy. Esq. Custody Concitiator 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 '~he court. You must attend the scheduled conference or heating. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MICHAEL PEIFER, SHARON CASEY, Plaintiff Defendant NO 003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4435 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OFCOURT AND NOW, this ~J~ day of l~e'fflber, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Le.qal Custody. The parties, Michael Peifer and Sharon Casey, shall have shared legal custody of the minor child, William C. Peifer, born November 11, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. 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. Physical Custody. Father shall have temporary primary physical custody subject to Mother's rights of partial custody. It is the intention of the parties for Mother to have regular periods of partial custody and that the parties be flexible in consideration of the child's school schedule, the weather and Father's work schedule. However, the child's first visit with Mother will occur on November 22, 2003 with Father providing transportation to Lebanon for the visit. The visit will occur for a period of one (1) hour and may be extended to longer periods of time at Will's request and in consideration of the schedule of persons assisting with Will's transportation to see Mother. Mother shall be responsible for calling NO. 03-4435 CIVIL TERM Father to work out the details and timing of the visits which are to occur at the Lebanon Veteran's Hospital. Visits shall occur on either Saturday or Sunday during the hospital visiting hours of 10:00 a.m. to 8:00 p.m. and as frequently as alternating weekends. 3. Reasonable telephone contact shall be arranged by the parents so that Mother may maintain contact with the child in his after school hours. 4. This Order is temporary in nature. Mother shall have the option to make a letter request to reconvene the Custody Conciliation Conference if such request is made within six (6) months of the date of this Order. It is contemplated that the Conference would need to reconvene upon her discharge from the hospital. Holidays. The parties will endeavor to arrange a visit between Mother and child at the hospital during the weekend f~~. Dist: ~l~bR. Braderman, Esquire, P.O. Box 11489, Harrisburg, PA 17108-1489 nifer E, Halferty, CLI, Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013-2899 ert Rains, Esquire, Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013-2899 12-o5-d NOV [ 2O03 MICHAEL PEIFER, SHARON CASEY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4435 CIVIL TERM 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 DATE OF BIRTH CURRENTLY IN THE CUSTODY OF William C. Peifer November 11, 1989 Father 2. Father filed a Custody Complaint on September 9, 2003. A Custody Conciliation Conference was held on November 17, 2003 with the following individuals in attendance: the Father, Michael Peifer and his counsel, Jay R. Braderman, Esquire; the Mother, Sharon Casey, participated by telephone from the Lebanon VA Hospital. On her behalf, attending the Conference from the Family Law Clinic were Jennifer Halferty, CLI and Robert Rains, Esquire. 3. The parties reached an agreement for a Temp~orary Order in the form as Date I Meliss~a p~'~'F~ree-vy, Esquire ~ Custody Conciliator :221151