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Home My WebLink About03-4984Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvaff~a 17043 -0109 (717) 761-4540 Attorneys for Plaintiff CLARK DOUGLAS ROUSH, Plaintiff PATRICIA ANN MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW IN CUSTODY : COMPLAINT FOR CUSTODY AND NOW, this [~ of September, 2003, comes Plaintiff, CLARK DOUGLAS ROUSH, by and through his undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and fi~es this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is CLARK DOUGLAS ROUSH, hereinafter referred to as FATHER, currently residing at 44 Castle Street, Marysville, Perry County, Pennsylvania. 2. The Defendant is PATRICIA ANN MILLER, hereinafter referred to as MOTHER, who currently resides at 114-A Umberto Avenue, New Cumberland, Cumberland County, Pennsylvania. 3. FATHER seeks custody of the following child: Jonathan Matthew Roush, age three (3), whose date of birth is December 25, 1999. 4. The child was born out of wedlock. 5. The child is presently in the custody of MOTHER and FATHER at the addresses specified in Paragraph 1 and 2 above. following addresses: A. New Cumberland, Pennsylvania. During the past three (3) years, the child has resided with the following persons at the For the period from birth to present - MOTHER at 114-A Umberto Avenue, Pennsylvania and FATHER at 414 Cassel Street, Marysville, 7. The MOTHER of the child is Defendant. She currently resides at 114-A Umberto Avenue, New Cumberland, Cumberland County, Pennsylvania. She is single. 8. The FATHER of the child is Plaintiff, currently residing at 414 Cassel Street, Marysville, Perry County, Pennsylvania. He is single. 9. The relationship of Plaintiff to the child is that of FATHER. The Plaintiff currently resides with Jonathan Matthew Roush, son. 10. The relationship of Defendant to the child is that of MOTHER. The Defendant currently resides with Jonathan Matthew Roush, son. 11. FATHER 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. 12. FATHER has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 13. FATHER 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. 14. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A. The Stipulation attached to the Custody Complaint reflects an agreement of the parties and provides the child with frequent and continuing contact with both parents. 15. 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. 16. The parties have participated in private conciliation with the assistance of counsel and have reached an agreement which they intend to formalize in a signed Stipulation. The parties intend that the Stipulation be adopted as an Order of Court, which if executed obviates the need for a custody conciliation conference. WHEREFORE, Plaintiff prays this Honorable Court to incorporate the Stipulation for Custody into an Order of Court. Respectfully submitted, JOHNS~, DUFFI'~, STEWART & WEIDNER :212209 CERTIFICATE OF SERVICE ~ _ . / I, Melissa Peel Greevy, hereby certify that on the ~ day of , 2003, that I served a true and correct copy of the Complaint fo~' Custody e Defendant, addressed as follows: BV First Class U.S. Mail, postaqe prepaid: Gerald S. Robinson, Esquire Robinson & Geraldo 4407 North Front Street Harrisburg, PA 17110 Date: JOHNSO~IE, STEWART & WEIDNER "lVleli'ssa P~oI Groovy CLARK DOUGLAS ROUSH, Plaintiff V. PATRIClA ANN MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CUSTODY WHEREAS, the parties to this Stipulation are the parents of a minor child, Jonathan Matthew Roush, born December 25, 1999; and WHEREAS, the parties, with the assistance of their counsel, have reached an agreement with regard to sharing various parenting responsibilities which they believe to be in the best interest of the child; and WHEREAS, the parties desire to have their parenting plan entered as an Order of Court; and WHEREAS, the parents are living separate and apart; and WHEREAS, the parties agree that it is in the best interest of their minor child to maintain a loving and warm relationship with both parents; and WHEREAS, the parties agree that it is their joint responsibility to make decision regarding the care and upbringing of their child. NOW, THEREFORE, the parties having had adequate opportunity to review the following parenting plan and to consult with their respective attorneys, stipulate and agree as follows: 1. Leqal Custody. The parties, Patricia Ann Miller and Clark Douglas Roush, shall have shared legal custody of the minor child, Jonathan Matthew Roush, born December 25, 1999. 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 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. 2. Physical Custody. The parties wil~ share parenting of the minor child in accordance with the following schedule: A. Unless otherwise agreed, Father will have custody each Monday and Wednesday from after work until he returns the child to school the following mornings. B. To commence May 2, 2003, on alternating weekends, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. custody. At al~ times that the child is not in Father's custody, the child shall be in Mother's 3. Holidays. A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 6:00 p.m. until December 25th at 4:00 p.m. Segment B shall be from December 25th at 4:00 p.m. until December 26th at 6:00 p.m. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. In even numbered years, Mother shall have Segment A and Father shall have Segment B. B. Memorial Day and Labor Day. Mother shall have custody for Memorial Day and Labor Day in each year. C. Easter, Independence Day and Thanksqivina. These holidays shall be divided into two segments, Segment A and Segment B. Segment A shall be from 6:00 p.m. the day before the holiday until 4:00 p.m. the day of the holiday and Segment B shall be from 4:00 p.m. the day of the holiday until 10:00 p.m. the day of the holiday. In odd numbered years, Father shall have Segment A of these holidays and Mother shall have Segment E,. In even numbered years, Mother shal~ have Segment A of these holidays and Father shall have Segment B. 4. Transportation. Mother will provide transportation on Sunday evenings at the conclusion of Father's custodial weekends. Otherwise, Father wil~ provide transportation incident to his custodial periods. 5. Vacation· Each party shall be entitled to up to two nonconsecutive weeks of uninterrupted custody each year for purposes of vacation. This time shall include the party's custodial weekend. The parties shall provide each other with thirty days notice of their intended vacation plans, in the event that the parties have scheduled overlapping or conflicting vacation schedules, the party first providing written notice shall have the choice of vacation time. 6. In the event that the child is ill or injured and it is necessary for the parent to provide care for the child, to include taking time off work, it shall be the responsibility of the parent at whose home the child is to sleep that evening to arrange for the child's care. 7. The parties to this Stipulation intend that it shall be made an Order of Court. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. Respectfully submitted, Patricia Ann Miller :212215 SEP '~ ~ ~uu~ ~ CLARK DOUGLAS ROUSH, Plaintiff V. PATRIClA ANN MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - CIVIL ACTION - LAW IN CUSTODY ORDER OFCOURT AND NOW, this, day of _, 2003, upon agreement of the above captioned parties, the attached Stipulation for Custody ishereby rnade' rder of Court. Dist: Melissa Peel Greevy, Esquire, PO Box 109, Lemoyne, PA 17043 Gerald S. Robinson, Esquire, 4407 N. Front Street, Harrisburg, PA 17110