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HomeMy WebLinkAbout08-0467 KEVIN T. MERRIS, Plaintiff V. DAWN M. MERRIS, Defendant PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff is Kevin T. Merris, an adult individual currently residing at 107 Rosemont Avenue, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Dawn M. Merris, an adult individual currently residing at 14 Greenway Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the children, Cameron E. Merris, born January 20, 1998; and Brooke M. Merris, born May 27, 2001. The children were not born out of wedlock. 4. Since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: Addresses Time 191 Wagner Road, Carlisle Birth - February 2000 407 Penn Ayr Ave, Camp Hill, PA February-April 2000 14 Greenway Drive, Mechanicsburg, PA April 2000- Present Persons Parties and Cameron Parties and Cameron Parties, Cameron and Brooke 5. The relationship of the Plaintiff to the children is that of Father. He is married and living separately. The Plaintiff currently resides with the following: Name Relationship Cameron E. Merris Son Brooke M. Merris IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- 94 7 CIVIL ACTION - LAW IN CUSTODY Daughter 6. The relationship of the Defendant to the children is that of Mother. She is married and living separately. The Defendant currently resides with the following: Name Relationship Cameron E. Meets Son Brooke M. Merris Daughter 7. The parties have not participated in previous litigation concerning the custody of the children in this court or any court. g. The Plaintiff has no information of a custody proceeding concerning the children pending in any other court. 9. The best interest and permanent welfare of the children will be served by granting shared custody to the parties. 10. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests shared custody. By MARTSO-1 LAW OFFICES H bet X Gilroy, Esquire Jennifer . Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IN& Date: ` 1? W a , ', VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Kevin T. Merris FAFILEW Tents\12731 Merris\12731.I.costodycom f? a ? ? ? ?. KEVIN T. MERRIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-0467 CIVIL ACTION LAW DAWN M. MERRIS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, January 25, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, February. 20, 2008 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. 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/ -John . Man an r. Es q. 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 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 1a i ??.1 MAR 2 0 zone KEVIN T. MERRIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-0467 CIVIL ACTION LAW DAWN M. MERRIS, IN CUSTODY Defendant ORDER OF COURT AND NOW this Ls " day of March 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Kevin Merris, and the Mother, Dawn Merris, shall have shared legal custody of Cameron E. Merris, born 01/20/1998 and Brooke M. Merris, born 05/27/2001. The parties shall have an equal right 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 23 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. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's partial physical custody as follows: a. Commencing March 7, 2008, the Father shall have partial physical custody of the Children every other weekend from Friday 4:00 pm until Sunday 7:45 pm. Father shall pick up the Children from Mother's residence on Friday and Mother shall pick the Children up from Father's residence on Sunday. b. Every second and fourth Tuesday of each month, Father shall have physical custody of the Children Tuesday 4:00 pm until Wednesday evening 7:45 pm. The non-custodial parent shall transport the Children for the exchanges. C. During the weeks that Father does not have the Tuesday overnight, Father shall have physical custody of the Children Tuesday and Wednesday evenings from after school until 7:45 pm. The non-custodial parent shall transport the Children for the exchanges. d. Father shall have addition periods of physical custody of the Children as mutually agreed to and the parties may alter/expand said times and days as mutually necessary or proper. 3. The custodial parent shall ensure that the Children go to bed at an appropriate time during the school week and that the Children's homework is completed prior to bed time. 4. Holidays: The parties agree to arrange Holidays as attached, absent mutual agreement otherwise. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 00 01 wv 9Z 8vw BQQZ 6. Neither parry may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter for the Children a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non-custodial parent. 9. Counseling: The parties are directed to engage in family counseling with a mutually-agreed upon professional. In the absence of agreement, the Mother shall furnish to Father names of professionals that are included in her insurance plan and Father shall choose an appropriate professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent at least 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 12. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 13. This Order is entered pursuant to 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. 14. A status update conciliation conference is hereby scheduled for May 13, 2008 at 9:00 am. By the Court, D' bution: lizabeth Stone, Esq. „i6nifer Spears, Esq. ,,Jbhn J. Mangan, Esq. J HOLIDAYS AND SPECIAL DAYS TIMES ODD YEARS EVEN YEARS Easter Da 1 S Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving 15 Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 15 Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2" Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father KEVIN T. MERRIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-0467 CIVIL ACTION LAW DAWN M. MERRIS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CPvr]L PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Cameron E. Merris 01/20/1998 Mother Brooke M. Merris 05/27/2001 Mother 2. A Conciliation Conference was held with regard to this matter on March 06, 2008 with the following individuals in attendance: The Mother, Dawn Merris, with her counsel, Elizabeth Stone, Esq. The Father, Kevin Merris, with his counsel, Jennifer Spears, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo gan, Esquire C tod Conciliator E\FILES\Clients\12731 Merris\1273 L Lcusaos Created: 9/20/04 0:06PM Revised: 1/22/08 3:47PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KEVIN T. MERRIS, V. DAWN M. MERRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0841i(p 7 CIVIL ACTION - LAW IN CUSTODY Plaintiff ATTORNEY'S ACCEPTANCE OF SERVICE I, Elizabeth B. Stone, Esquire, accept service of the Custody Complaint on behalf of Defendant in the above-captioned matter and state that I am authorized to do so. STONE LaFAVER & SHEKLE Date: 11AF10e;;7 _ Eh P.O. gox E New Cumb Attorney A 17070 rs?ru cn c?