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HomeMy WebLinkAbout08-0614 Michael J. Pykosh. Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 nlp> koslip dedlaw.net Attorney for Plaintiffs MICHAEL S. KINER and IN THE COURT OF COMMON PLEAS SARAH KINER, CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs V. MICHAEL S. KINER, JR. and JOY LYNN McVOY Defendants CIVIL ACTION - LAW NO. OF- 1,19 P. --/ ?? IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiffs, Michael S. Kiner, Sr. and Sarah Kiner, by and through their attorney, The Law Office of Darrell C. Dethlefs, in support of their custody complaint aver the following: 1. The Plaintiffs are husband and wife and adult individuals with a residence located at 8 Riverview Drive, Enola, Pennsylvania 17025. 2. Defendant, Michael S. Kiner, Jr., is an adult individual with a residence located at 196 Ashford Drive, Enola, Pennsylvania 17025. 3. Defendant, Joy Lynn McVoy is an adult individual with a residence located at 25 Wildcat Trail, Liverpool, Pennsylvania 17045. 4. Defendant, Michael S. Kiner, Jr. is the natural father (hereinafter Father) and Defendant Joy Lynn McVoy is the natural mother (hereinafter Mother) of Trent Thomas Kiner, born July 4, 2006, hereinafter referred to as "Child." 5. Plaintiffs are the paternal grandparents of the Child. 6. The Child resided with Mother and Father for the first four months after Child's birth. 7. Since the Child has been four months old until present, with the exception of short periods of time, the Child has resided with Plaintiffs. 8. Since the Child has been four months old, Plaintiffs have provided the sole means of support and structure for the Child. Plaintiffs are in loco parentis with regard to the Child. 9. Neither Plaintiffs nor Defendants are in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 or any amendments thereto. 10. Plaintiffs and Defendants are citizens of the United States of America. 1 l . The best interest in the permanent welfare of the children will be served by granting Shared Legal and primary physical custody of the Child to the Plaintiffs. WHEREFORE, Plaintiffs request that the Court grant primary physical custody of the Child and shared legal custody to Plaintiffs, Michael S. Kiner, Sr. and Sarah Kiner. Fttorneycel J. Pykosh, ire ID D # 58851 Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 ATTORNEY FOR THE PLAINTIFFS Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 1111rv1:osll 4i (1Cd1,m.net Attorney for Plaintiffs MICHAEL S. KINER and IN THE COURT OF COMMON PLEAS SARAH KINER, CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW MICHAEL S. KINER, JR. and JOY LYNN McVOY NO. Defendants IN CUSTODY VERIFICATION I hereby verify that the statements of fact made in the foregoing Complaint for Custody, are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: o?TS D Michael S. Kine , Sr. Date: Z- e??, arah Kiner ?_., r.,Y .. 4_.,z s._. C.„? ? CJ s -? ? ? ' ? ? ? ? ? l?+ C`.'?. ? ti- -? ?-, o ?? ? -_ <_, ?. ?; ?- MICHAEL S. KINER AND SARAH KINER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2008-614 CIVIL ACTION LAW MICHAEL S. KINER, JR. AND JOY LYNN MCVOY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, February 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 04, 2008 at 9:30 AM 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/ ac ueline M. Verne Es . 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 AJ? ?"' '•"?°G? 80•5- c /t1.Nnr.f? ?t1C111tt1i'r%(?. J® Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mnvkosh,ddcdlaw.net Attorney for Plaintiffs MICHAEL S. KINER and : IN THE COURT OF COMMON PLEAS SARAH KINER, : CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs V. MICHAEL S. KINER, JR. and JOY LYNN McVOY : CIVIL ACTION -LAW : NO. 08-0614 Defendants : IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Pykosh, Esquire, hereby certify that I had the Defendant, Joy Lynn McVoy, served with the above captioned Complaint in Custody on February 20, 2008 via First Class U.S. Certified Mail. Said green card is attached hereto and made a part hereof. Respectfully submitted: Date: 61? O11S 10 O B j? Y: /V/ M' ael J. Pykosh, Esquire Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse A. S4" © Agent X . Addressee so that we can return the card to you. & by( If. Marne) C. Date Of Delivery a Attach this card to the back of the mailpieoe, or on the front if space permits. Yes J db mn IF lsdWh ye 1. Article Addressed to: K YES, enter del No ro-i MC VO LJ Afj w Cp 25 wiLDcAT Mrq IL uvw i V 104G - 91?0 3. Service "type "mortified Mail C7 Express Mail ? Registered 0 Return Receipt for Merchandise ? insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2• Article Number 7006 2150 0003 8539 7222 (rmnsrar 6vm serge AW PS Form 3811, February 20134 Domestic Return Receipt 102595.02-M-1540 ni ND MAR 0 5 2008,r? MICHAEL S. KINER and SARAH KINER, Plaintiffs V. MICHAEL S. KINER, JR. and JOY LYNN MCVOY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-614 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 6 - day of A" , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Paternal Grandparents, Michael S. Kiner and Sarah Kiner, the Father, Michael S. Kiner, Jr. and the Mother, Joy Lynn McVoy, shall have shared legal custody of Trent Thomas Kiner, born July 4, 2006. Each party shall have an equal right, to be exercised jointly with the other party, 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 23 Pa.C.S. §5309, each party 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 the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party 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 nights, and the like. 2. The parties shall have shared physical custody on the following schedule: A. Mother shall have physical custody of the child on alternating Mondays to Wednesdays and during that same week on alternating weekends from Friday to Monday, at times agreed by the parties. B. Father shall have physical custody of the child on alternating Wednesdays to Fridays, at times agreed by the parties. 4 VINV -VSNN3d AiNno" n, ,,.F4 m L 9 = I I NV 9- HVW BOPZ AdViONCAU08d L JO DOaA C. Paternal Grandparents shall have physical custody of the child at all other times, unless otherwise agreed by the parties. Holidays shall be shared as agreed by the parties. 4. Transportation shall be shared as agreed by the parties. 5. No party may use illegal drugs or consume alcohol to the point of intoxication, immediately prior to or during their periods of physical custody. 6. No party shall do anything or say anything, nor permit a third party from doing or saying anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection for the other party. 7. No party may smoke in the presence of the child, including in the car in which the child is riding. All parties shall assure that third parties abide by this prohibition. 8. 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 COURT, J. cc: ichael J. Pykosh, Esquire, Xichael S. Kiner, Jr., pro se 196 Ashford Drive Enola, PA 17025 Lynn McVoy, pro se 25 Wildcat Trail Liverpool, PA 17045 'oundel for Paternal Grandparents MICHAEL S. KINER and SARAH KINER, Plaintiffs V. MICHAEL S. KINER, JR. and JOY LYNN MCVOY, Defendants PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-614 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 CUSTODY OF Trent Thomas Kiner July 4, 2006 shared 2. A Conciliation Conference was held in this matter on March 4, 1008, with the following in attendance: The Paternal Grandparents, Michael S. Kiner and Sarah Kiner, with their counsel, Michael J. Pykosh, Esquire, and the Father, Michael S. Kiner, Jr., pro se and Mother, Joy Lynn McVoy, pro se. 3. The parties agreed to an Order in the form as attached. Date 1A, acq line M. Verney, Esquire Custody Conciliator