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HomeMy WebLinkAbout03-6195STACY E. DEVINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: ? 3- L 9 TIMOTHY E. DEVINE, Defendant IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHT IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas an las paginas siguientes, debe tomar accion dento de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se la avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMADA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 STACY E. DEVINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. / : NUMBER: 03 - ?19b' ?tuc TIMOTHY E. DEVINE, Defendant IN CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, STACY E. DEVINE, by her attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is STACY E. DEVINE, who currently resides at 110 South First Street, Lemoyne, County of Cumberland, Pennsylvania. 2. Defendant is TIMOTHY E. DEVINE, who currently resides at 704 Fourth Street, New Cumberland, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of primary physical and shared legal custody with respect to REAGAN ELIZABETH DEVINE, born May 21, 1996; and RILEIGH MARIE DEVINE, born February 17, 1998. The children were not born out of wedlock. The children are presently in the custody of Plaintiff, STACY E. DEVINE. Since birth the children have resided with the following persons and at the following addresses: From birth until January, 2000, with both parents at 38 Drexel Place, New Cumberland, Pennsylvania; from January, 2000, until September, 30, 2001, with both parents at 336 Fox Run Circle, Etters, Pennsylvania; from November, 2001, until May 3, 2003, in a shared custody arrangement with both parents; from May 3, 2003, until the present with Plaintiff at 110 South First Street, Lemoyne, Pennsylvania. The mother of the children is STACY E. DEVINE, who currently resides at 110 South First Street, Lemoyne, Pennsylvania. She is divorced. The father of the children is TIMOTHY E. DEVINE, who currently resides at 704 Fourth Street, New Cumberland, Pennsylvania. He is divorced. 4. The relationship of the Plaintiff to the children is that of mother. The Plaintiff currently resides with the children. 5. The relationship of the Defendant to the children is that of father. He currently resides alone. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by confirming rights of primary physical and shared legal custody in Plaintiff. 8. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. 9. The parties have entered into a Stipulation, attached hereto, setting forth their agreement concerning custody of the minor children. WHEREFORE, Plaintiff requests the Court enter an Order confirming rights of primary physical and shared legal custody in Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Motion and Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ?C? DATE S ACY EE )D VINE ... r cam c? ? , r a < U ? r C STACY E. DEVINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW vs. NUMBER: ?3 - Co ?9a TIMOTHY E. DEVINE, Defendant IN CUSTODY MOTION NOW COMES the Plaintiff, STACY E. DEVINE, by and through her attorney, Charles E. Petrie, and respectfully represents as follows: 1. That Plaintiff is STACY E. DEVINE, an adult individual currently residing at 110 South First Street, Lemoyne, County of Cumberland, Pennsylvania. 2. That Defendant is TIMOTHY E. DEVINE, an adult individual currently residing at 704 Fourth Street, New Cumberland, County of Cumberland, Pennsylvania. 3. That Plaintiff and Defendant are the natural parents of two minor children, REAGAN ELIZABETH DEVINE, born May 21, 1996; and RILEIGH MARIE DEVINE, born February 17, 1998. 4. That on November 21, 2001, an Order of Court was entered in the Court of Common Pleas of York County, Pennsylvania, by the Honorable Richard K. Rehn. 5. That the parties have entered into a Stipulation concerning the matters of custody and visitation with respect to the minor children, and the said Stipulation is attached hereto. 6. That the parties desire that the attached Stipulation be entered as an Order of Court. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order pursuant to the attached Stipulation. Respectfully submitted CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff STACY E. DEVINE, Plaintiff vs. TIMOTHY E. DEVINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: IN CUSTODY STIPULATION AGREEMENT, made this 7-14 day os , 2003, by and between TIMOTHY E. DEVINE, hereinafter referred to as "Father;" and STACY E. DEVINE, hereinafter referred to as "Mother;" WITNESSETH: WHEREAS, the parties hereto are the natural parents of two minor children, REAGAN ELIZABETH DEVINE, born May 21, 1996; and RILEIGH MARIE DEVINE, born February 17, 1998; and WHEREAS, an Order of Court dated November 21, 2001, was entered in the Court of Common Pleas of York County, Pennsylvania, by the Honorable Richard K. Rehn; and WHEREAS, the parties are both residing in Cumberland County, Pennsylvania, and have reached an agreement concerning the issues of custody and desire that the Order of November 21, 2001, be vacated and this Stipulation be entered as an Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW, THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of their minor children, REAGAN ELIZABETH DEVINE, born May 21, 1996; and RILEIGH MARIE DEVINE, born February 17, 1998. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party. 2. Mother, STACY E. DEVINE, shall have primary physical custody of the subject minor children. 3. Father, TIMOTHY E. DEVINE, shall have temporary physical custody in accordance with the following schedule: a. Every other weekend from Friday evening until Monday morning. b. The Tuesday before Father's custody weekend from after school until Wednesday morning. c. The Thursday following Father's custody weekend until Friday morning. 4. Christmas shall be divided into two Segments. Segment "A" shall run from December 24 at 10:00 A.M. until December 25 at 10:00 A.M. Segment "B" shall run from December 25 at 10:00 A.M. until December 26 at 10:00 A.M. Father shall have Segment "A" in 2001 and in all subsequent odd numbered years. Mother shall have Segment "A" in 2002 and in all subsequent even numbered years. 5. The parties agree that they will share as equally as possible all other holidays with the exact details to be agreed upon between the parties. 6. Mother's Day shall be spent with Mother and Father's Day shall be spend with Father regardless of the weekend scheduled. 7. Both parents shall refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children whether "sleeping" or awake. 8. Neither parent shall abuse alcohol to the point of intoxication or use illicit drugs in the same vehicle or household when they have custody of the children. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. 9 , -?, 3 WITNESS /0-ra-o3 WITNESS TIMOTHY E. DE VINE S'tACY E. D VINE 1 rQ^ _ [ j Lt L? N li7 'D W N C51 aa_) 3 C -9G Nov 26 200,E 41' STACY E. DEVINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. // NUMBER:= ?P I ti?S v ?? TIMOTHY E. DEVINE, Defendant IN CUSTODY ORDER AND NOW, thiay of _ 2003, upon consideration of the within Motion, Complaint, and Stipulation, it is hereby Ordered as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of their minor children, REAGAN ELIZABETH DEVINE, born May 21, 1996; and RILEIGH MARIE DEVINE, born February 17, 1998. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party. 2. Mother, STACY E. DEVINE, shall have primary physical custody of the subject minor children. 3. Father, TIMOTHY E. DEVINE, shall have temporary physical custody in accordance with the following schedule: a. Every other weekend from Friday evening until Monday morning. b. The Tuesday before Father's custody weekend from after school until Wednesday morning. c. The Thursday following Father's custody weekend until Friday morning. 4. Christmas shall be divided into two Segments. Segment "A" shall run from December 24 at 10:00 A.M. until December 25 at 10:00 A.M. Segment "B" shall run from December 25 at 10:00 A.M. until December 26 at 10:00 A.M. Father shall have Segment "A" in 2001 and in all subsequent odd numbered years. Mother shall have Segment "A" in 2002 and in all subsequent even numbered years. 5. The parties agree that they will share as equally as possible all other holidays with the exact details to be agreed upon between the parties. 6. Mother's Day shall be spent with Mother and Father's Day shall be spend with Father regardless of the weekend scheduled. 7. Both parents shall refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children whether "sleeping" or awake. 8. Neither parent shall abuse alcohol to the point of intoxication or use illicit drugs in the same vehicle or household when they have custody of the children. 6- ?,- Off. r MNVAusWd AN 100 (TAI N32WO GS :Z Wd ?- 330 CO 3 ?0 4 .04 STACY E. DEVINE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. TIMOTHY E. DEVINE, Defendant NO. 03-6195 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AGREEMENT AND STIPULATION OF CUSTODY ndL AND NOW, this day of , 2007, Stacy Devine of Etters, York County, Pennsylvania (hereinafter referred to as "Mother") and Timothy Devine of New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as "Father"), having reached an agreement to mutually settle and resolve the issues of custody of their minor children, Reagan Elizabeth Devine, born May 21, 1996, and Rileigh Marie Devine, born February 17, 1998, desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS Stacy Devine is the natural mother of said minor children; and WHEREAS Timothy Devine is the natural father of said minor children; and WHEREAS the parties, having reached an agreement regarding custody prior to a conciliation conference or trial, are desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation for entry as a court Order. NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father, intending to be legally bound, do agree as follows: 1. Legal Custody: The parties shall share legal custody of the minor children. Joint legal custody means the right of both parents to control and share in making decisions of importance in the life of their children, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental and other important records. As soon as practicable after receipt by a party, copies of the children's school I /^ 4P schedules, special events notifications, report cards and similar notices shall be provided to the other party. Each party shall notify the other of any medical, dental, optical and other appointments of the children with health care providers sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving the children's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 2. Pk3 sieal Custody: The parties shall share physical custody, as defined in the Custody Act, of the minor children. The parties shall share custody on a weekly rotation beginning Monday, August 20, 2007 with Mother. The parties shall exchange custody on Mondays with the children going to school from one party's house and returning to the other party's house after school, either by the parent picking up the children from school or by school transportation. During each week, the non-custodial parent shall have Thursday after school until Friday morning before school. 3. Holidays:: The children will spend Mother's Day and Father's Day with the appropriate party from 9:00 a.m. until 9:00 p.m. Thanksgiving and Christmas shall be divided into two Segments. Segment "A" shall run from the day before the holiday at 12:00 p.m. until the day of the holiday at 12:00 p.m. Segment "B" shall run from the day of the holiday at 12:00 p.m. until the day after the holiday at 12:00 p.m. Mother shall have Segment "A" for Thanksgiving in 2007 and all subsequent odd years. Father shall have Segment "A" for Thanksgiving in 2008 and all subsequent even years. Father shall have Segment "A" for Christmas in 2007 and all subsequent odd years. Mother shall have Segment "A" for Christmas in 2008 and all subsequent even years. All other holidays are to be determined by the mutual agreement of the parties. or 5. Transportation: The party receiving custody shall bear the burden of transportation for all custody exchanges. At all times, the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to transporting the children. No person transporting the children shall be under the influence of any alcoholic beverages while transporting the children. 6. Late for Exchange: In the event any party is more than twenty (20) minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the party, the other party may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the children. 7. Medical Care: Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the children at any time, any party then having custody of the children shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. 8. Telephone Calls: Both parties are urged to use common sense in scheduling telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the children, or preventing the children from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the children's schedule. 9. Disparaging Remarks: Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the children from the other parent, their spouse or relatives, or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent. The parties shall not use the children to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 10. Other Considerations: In the event that a significant matter arises with respect to the medical care, education, or financial care of the children, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. Each party agrees to supply the name, address and telephone numbers of any persons in whose care the children will be for a period in excess of seventy-two (72) hours, and for each person or entity which may provide day care for a children. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. ?f 11. Smoking / Drinldng: No party shall smoke in any part of a confined area with the children present and neither party shall permit another person to smoke in any part of a confined area with the children present. No party shall drink alcoholic beverages or consume illegal substances when in the presence of the children, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the children. 12. Modification: The parties are free to modify the terms of this Order but in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows their own idea as to what they think the arrangements should be. This Agreement and Court Order is set out in detail so both parties have it to refer to and to govern their relationship with the children and with each other in the event of a disagreement. WHEREFORE, the parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. Both parties acknowledge that they have entered into this Agreement and Stipulation of Custody voluntarily and after the opportunity to consult with their respective counsel. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 'Stacy Devife Timothy Devin Witness Angel R e t, Esquire `= 0 ?v -bra m co a + ? .- j `t 9 w w' J. SEP 17 2007#'v STACY E. DEVINE, Plaintiff VS. TIMOTHY E. DEVINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6195 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this 21 day of , 2007, upon consideration of the foregoing Agreement and Stipulation of Custody, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation, dated "t- 7V,(2007, are adopted as an Order of Court as if set forth herein at length. J. Lo l ,-C)b ,n*'?b qfi mNno,-) { Z ;p! WV I Z 83S l4QZ