Loading...
HomeMy WebLinkAbout08-5413IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTI L. DAVIS, Plaintiff V. ALAN G. DAVIS, II, Defendant NO. Off- ')'413 CIVIL ACTION - LAW IN CUSTODYNISITATION COMPLAINT FOR PRIMARY CUSTODY AND NOW, comes Plaintiff, Kristi L. Davis, by and through her counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Complaint for Primary Custody and in support thereof avers as follows: 1. Plaintiff is Kristi L. Davis ("Mother"), an adult individual who currently resides at 551 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Alan G. Davis, II., ("Father"), an adult individual who currently resides at 29 Prickly Pear Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Mother seeks primary physical custody of the following minor children, born of the marriage between Mother and Father: Name Madison R. Davis Alexandra A. Davis 4. address listed above. 5. Present Residence 551 Noble Boulevard Carlisle, PA 17013 551 Noble Boulevard Carlisle, PA 17013 Age 11 (d/o/b 4/7/97) 7 (d/o/b 12/28/00) The children are presently in the primary physical custody of Mother at the During the past five (5) years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Mother 551 Noble Boulevard July 7, 2008 to present Carlisle, PA 17013 Mother & Father 29 Prickly Pear Drive 2004 - July 6, 2008 Carlisle, PA 17013 6. Mother and Father are presently separated, and Father filed a Complaint in Divorce with the Court of Common Pleas of Cumberland County at action number 08-4800 Civil Term. 7. Mother presently resides with her parents, Marc S. Lorence and Carol A. Lorence. 8. Father resides alone at the marital residence, 29 Prickly Pear Drive, Carlisle, Cumberland County, Pennsylvania 17013. 9. Mother has not participated as a party or a witness, or another capacity, in any litigation concerning the custody of the children in this or another court. 10. Mother has no information of a custody proceeding concerning the children pending a Court of this Commonwealth or any other state. 11. Mother does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody and visitation rights with respect to the children. 2 12. The best interests and permanent welfare of the children will be served by granting the parties shared legal custody and Mother primary physical custody in light of, inter alia, the following: A. Sole custody isolates the children from the non-custodial parent; B. The best interests of the children require that open and meaningful access be maintained with each parent and that they have a relationship with each parent; C. The children have developed emotional attachments to each parent and the severing of either attachment is not in the children's best interests; D. During marriage, Mother historically acted as the children's primary care giver; E. Of the two parents, Mother is best equipped to provide for the children's physical, emotional, spiritual and intellectual well-being; and F. Of the two parents, Mother is more likely to develop and foster an ongoing relationship between the children and Father. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiff primary physical custody of the children and award shared legal custody. Respectfully submitted, _Z? Date: ?1 D /,/)p l Darren J. Ho st, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Kristi L. Davis 3 VERIFICATION I, Kristi L. Davis, hereby swear and affirm that the facts contained in the foregoing Complaint for Primary Custody are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsificati to authorities. 9/10/08 Date: Kristi L. Ln C ei -n CM cxa KRISTI L. DAVIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-5413 CIVIL ACTION LAW ALAN G. DAVIS, II IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 16, 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 Tuesday, October 14, 2008 at 8:30 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/ ohn . 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 ° 7 der xSNN?d 1 . lid 91 d3S 80?Z V. ) ALAN G. DAVIS, H, ) CIVIL ACTION - LAW Defendant ) IN CUSTODYNISITATION ACCEPTANCE OF SERVICE I, Kara W. Haggerty, Esquire, accept service of the Complaint for Primary Custody on behalf of Alan G. Davis, II, Defendant in the above-captioned action, and certify that I am authorized to do so. Date: Q 1k, I Kara W. Haggerty, Esq ABOM & KUTUL S L 36 South Hanover Stree Carlisle, PA 17013-3306 Telephone: (717) 249-0900 Counsel for Defendant, Alan G. Davis, 11 gy 13 20% ? {?w-w?Tti'1w\ 1 y wwwww w _ r • C? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTI L. DAVIS, V. ALAN G. DAVIS, 11, Plaintiff Defendant NO. 08-5413 CIVIL TERM CIVIL ACTION - LAW IN CUSTODYNISITATION STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is made this ZA day of ablftA 2008 bYand ?0 11,wr between KRISTI L. DAVIS ("Mother"), of Cumberland County, Pennsylvania, and ALAN G. DAVIS, II ("Father"), of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, the parties hereto, current husband and wife who are separated and in the process of divorcing, are the biological parents of Madison R. Davis, born April 7, 1997, and Alexandra A. Davis, born December 28, 2000; WHEREAS, on September 11, 2008, Mother initiated the above-captioned custody action by filing a complaint requesting primary physical custody and shared legal custody; WHEREAS, the parties have reached an agreement as to an appropriate custodial schedule that effectuates the best interests of the children; WHEREAS, the parties are desirous of entering into this Stipulation to specifically settle the issue of legal and physical custody of their minor children without the necessity of formal court intervention; • WHEREAS, it is the intention of the parties to have this Stipulation entered as an Order of Court thereby obviating the need for further proceedings on the filed Custody Complaint. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, covenant, stipulate and agree as follows: Legal Custody. Mother and Father shall share legal custody of their children. Legal custody is defined as the right to make major decisions affecting the best interests of the children, including, but not limited to, decisions regarding medical treatment and health care, religion, morals, education and standards of conduct. Mother and Father shall discuss and consult with one another with a view towards adopting a harmonious policy calculated to promote the children's best interests. Mother and Father shall have the right to be kept informed of the children's educational, social, moral and medical development. Each parent shall be entitled to full and complete records and information concerning the children from any doctor, dentist, teacher, school, treatment institution or similar authority and to have copies of reports, notices or other communications given to a parent. Each parent shall notify the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the children at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of that emergency and consult with him or her as soon as possible. To effectuate the parties' intent as to legal custody, each party agrees to execute, upon presentation thereof, any and all documents necessary to facilitate the exchange of information to other parent directly from the appropriate doctor, dentist, teacher, school, treatment institution or similar authority. 2 • • 2. Physical Custody. Mother shall remain the primary physical custodian of the children subject to Father's periods of partial custody set forth below: (a) On alternating weekends from Friday after school (or 5:00 p.m. if not a school day) until Sunday at 8:00 p.m.; (b) On at least one evening during the week, the day to be mutually agreed upon by the parties considering their work schedules and the children's activities, which evening custodial period shall run from after school (or 5:00 p.m. if not a school day) until 8:00 p.m.; and (c) On any other days, and at any other times, the parties may mutually agree upon considering the children's best interests, their scholastic and athletic commitments, the parties' work schedules and any special occasions or family events that may be scheduled. 3. Summer Vacation. During the children's summer break, each party shall be entitled to one (1) continuous (i.e., seven consecutive days) week of summer vacation custody. Each parent shall provide the other written notice of their selected weeks of vacation at least thirty (30) days in advance, and priority for selected weeks shall be given to the party who first provides written notice. Unless the parties agree otherwise, the vacation weeks shall run from Friday at 5:00 p.m. until the following Friday at 5:00 p.m. and shall encompass that party's regularly scheduled custodial weekend. The non-custodial parent shall be provided an itinerary of any travel plans (including flight numbers and arrival/departure times, if travel by plane and hotel information) at least forty-eight (48) hours in advance of the travel. 4. Holidays. The parties shall share physical custody of their children for all holidays upon mutual agreement. 3 5. Mother's Day/Father's Day. The parties agree Mother shall have physical custody of the children each and every Mother's Day from 10:00 a.m. the day of the holiday until 8:00 p.m. the day of the holiday, and Father shall have physical custody of the children each and every Father's Day from 10:00 a.m. the day of the holiday until 8:00 p.m. the day of the holiday. This schedule shall take precedence over the regular schedule. 6. Christmas. Physical custody of the children over the Christmas holiday, which shall take precedence over the regular schedule, shall be shared as follows: (a) Each and every year, Mother shall have physical custody of the children from 4:00 p.m. on Christmas Eve until 1:00 p.m. on Christmas Day; and (b) Each and every year, Father shall have physical custody of the children from 1:00 p.m. on Christmas Day until 8:00 p.m. on Christmas Day. 7. Children's Activities. Each parent shall ensure the children participate in all regularly scheduled activities during his or her periods of custody. If the designated time for pick-up or return of the children occurs during a scheduled activity, then pick-up or return shall occur at the activity. 8. Transportation. Unless the parties agree otherwise, the party assuming custody of the children for any periods of custody shall be responsible for transportation. 9. Disparaging Remarks Prohibited. The parties shall refrain from making any disparaging or negative remarks with regard to the other party either directly to the children or in the presence of the children. Likewise, the parties shall ensure third parties refrain from making any disparaging or negative remarks with regard to the other party either directly to the children or in the presence of the children. Neither party shall do or say anything which may 4 • • estrange the children from the other party, injure the opinion of the children as to the other parent or hamper the free and natural development of the love and respect for the other parent. Mother and Father agree not to discuss custody issues with the children or in the presence of the children. 10. Alcohol/Controlled Substances. Neither party shall not possess or use any controlled substances, nor shall they consume alcoholic beverages to the point of intoxication, during his or her periods of custody. The parties likewise shall ensure, to the extent possible, that other household members or guests comply with this prohibition. 11. Telephone/Address. Each party shall keep the other apprised of his or her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the children while the children are in the custody and control of the other parent. Neither party shall unreasonably restrict the other party's access to the children by telephone or email, nor shall either party unreasonably prevent the children from contacting the non-custodial parent by telephone or by email. 12. Notification. If either parent is going to be away overnight with the children for two consecutive overnights or longer, that parent shall provide notice to the other parent as to the location of the children and a way they can be reached. Notice shall be given at least forty-eight (48) hours in advance of the overnight travel. 13. Entry of Court Order. The parties agree the terms and provisions of this Stipulation shall be entered as an Order of Court. 5 • IN WITNESS WHEREOF, the parties hereby agree to the above terms as the day and date first written above. ?M `ge=-t WITNESS WIT ESS 6 ALAN G. DAVIS, II n I,. J COMMONWEALTH OF PENNSYLVANIA COUNTY OF ? MW)AOA n LJ BEFORE ME, the undersigned authority, on this day personally appeared KRISTI L. DAVIS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. 1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Dip A 2008. -j %-j V-11kil V 1, NqOAnWNotary Publi n and for Commonwealth of Pennsylvania Typed or printed name of Notary: ` • ?VI WI ? My commission expires: `< 1 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kristl L. Momwit Notary Public Carlisle 80ro, Cw*ww d County MY Commission Expkes Jan. 30, 2012 Member, Pennsylvania Assodatlon of Notaries 7 A COMMONWEALf'TH? OF PENNSYLVANIA hml? A 11) A COUNTY OF 0 12 0 BEFORE ME, the undersigned authority, on this day personally appeared ALAN G. DAVIS, II, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE thi? day of 2008. -?A Y)? M I - 4. ffimta Notary Publi n and for Commonwealth of Pennsylvania Typed or printed name of Notary: 41 L. MM tQ, 4 My commission expires:_ 4an - 6 2612 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kdsti L. Monett, Notary Public Cadisle Boro, Cumberland County My CorrrrrWon E*lm Jan. 90, 2012 Member, Pennsylvania Association of Notaries ca' -on KIMBERLY H. CICCOCIOPPO, Plaintiff V. FRANCIS A. CICCOCIOPPO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5314 CIVIL ACTION - LAW CUSTODYNISITATION STIPULATION THIS AGREEMENT, made this day of , 2008, by and between Kimberly H. Ciccocioppo, hereinafter referred to as "Mother" and Francis A. Ciccocioppo, hereinafter referred to as "Father", WHEREAS, the parties are the parents of two minor children, Samantha E. Ciccocioppo, born August 24, 1991, and Dominic A. Ciccocioppo, born July 15, 1996; and WHEREAS, the parties hereto desire to set forth herein their respective rights as to custody of the aforesaid minor children in a manner as to facilitate continued contact by both parents, and WHEREAS, the parties hereto have reached an agreement concerning the custodial rights of the parties with respect to the children and the parties desire to set forth the terms of such an agreement herein, and WHEREAS, each of the parties have had the full opportunity to seek the advice of counsel in regard to his or her respective rights, duties and obligations arising out of the parental status. Father had the advice of Timothy J. Colgan, Esq., and Mother had the advice of Richard S. Friedman, Esq., NOW, THEREFORE, in consideration of the mutual covenants, promises and undertakings herein, as hereto set forth, and Mother and Father, each intending to be legally bound hereby, agree as follows: 1. SHARED LEGAL CUSTODY: The parties agree to share joint legal custody of the children. Joint legal custody means the rights of both parents to control and to 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. Each party shall notify the other party of any medical, dental, optical and other appointments with healthcare providers sufficiently in advance thereof, so the other parry can attend. Notwithstanding that both parents share legal custody, non-major decisions regarding the children's day to day living shall be made by the parent then having custody, consistent with other provisions of this stipulation. 2. PHYSICAL CUSTODY: A. Mother shall have primary physical custody of the children. B. Father shall have physical custody of the children for purposes of visitation as follows: As to Dominic: i. Every other weekend, at times mutually agreed to between Father and child; ii. There will be no overnights unless Dominic agrees; As to Samantha: Samantha and Father will decide together when she will visit, with the final decision being made by Samantha. C. Father may contact Mother and, with reasonable notice, may request other times for visitation, which Mother will not unreasonably withhold. However, the final decision for such visitation will be made by the children. D. Father shall have the right of two (2)weeks visitation during the summer vacation of the children, provided however, as previously set forth in this agreement, the final decision for such visitation will be made by the children. Father shall give Mother thirty (30) days notice of the dates of such visitation. 3. HOLIDAYS: It is understood and agreed between the parties that the children have no objection to spending holidays with Father and his female friend at their home or Father's parents' home. However the children will be under no pressure to spend any holiday with Father's female friend's family. The parties will share the following major holidays: Easter, July 4th, Thanksgiving and Christmas. The custodial period will be agreed to by the parties, with the children making the final decision. Father shall have custody on Father's Day and Mother shall have custody on Mother's Day. 4. TRANSPORTATION: Transportation of the children shall be shared between the parties, as follows: A. So long as Samantha is residing with Mother and so long has Samantha has no conflicts, she may transport herself and brother to and from visits with Father; B. When Samantha is un unavailable or no longer living with Mother, the parties will share the transportation of Dominic, so that Father will pick up the child at the commencement of visitation and Mother will pick up the child at the termination of the visit. 5. ILLNESS OF CHILD: 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. "Serious illness" of the child to be defined as "Any disability which confines the 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." 6. MUTUAL CONSULTATION: 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 child'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 phone numbers of any persons in whose care the children will be for a period in excess of seventy-two (72) hours. 7. TELEPHONE/MAIL ACCESS: Each party shall have reasonable telephone and mail access to the children when in the custody of the other parent. 8. NON-INTERFERENCE: Neither party shall impair the other party's right to custody or interfere with the other parent's custody when the children is with that parent. 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 the 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. REASONABLE NOTICE OF TRAVEL: Each party shall promptly notify the other of any travel plans, travel arrangements, and any delays which might affect the custodial arrangements. Each party shall provide the other party notice reasonably in advance of any scheduled extended trip with an itinerary including names of hotels or residence addresses and telephone numbers for the applicable periods of time. 11. CONTROLLED SUBSTANCES/ALCOHOL: During any period of custody or visitation, the parties to this Order shall not possess or use controlled substances or consume 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 prohibition. Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the children. 12. EXTRACURRICULAR ACTIVITIES: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities in which the children wish to engage. During the times that the parents have custody of the children, they will make certain that the children attend any extracurricular activities. The parties are directed to be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children are able to participate in those events. Neither parent, however, shall commit the children to any activity unless the children definitely desire to attend that activity. Participation in activities, which take place during the school year, is contingent upon the children maintaining passing grades in school. Neither parent shall commit the children to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the children are involved in activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the children to the activity. However, the custodial parent shall not be required to take the children to that activity if the custodial parent and children are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the children to the particular activity, the parent who has custody of the child at that time shall notify the non- custodial parent, who shall be entitled to pick up and deliver the children to the designated activity. The custodial parent shall make certain that the children are ready for pickup in time sufficient to enable the child to timely attend the activity. 13. WELFARE OF CHILD TO BE CONSIDERED: The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Stipulation. Mother and Father shall listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 14. MODIFICATION OF ORDER: 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 your own idea as to what you think the arrangements should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to govern your relationship with the children and with each other in the event of a disagreement. 15. The parties agree that this Stipulation may be entered as an Order of the Court. Date: 1 vli Flo Francis A. Ciccocioppo, Father Date: 10 la log Date: 'v AP r )L Y?L OIL" Cff't "4x Kimberly H. Ci ocioppo, Mother Timothy J. CrbIgaw!Esq" Attorne r Father Date: ? 0(! slot, Richard S. Friedman, Esq. Attorney for Mother '? 9 p ? rR C? '.? ?4 ,t ? ? da.f ? .' r. ^, r-' t.l'' -??? '?. ?_ .? ` ? ?t? ' :? _ - C l ' .,.,. ? `? f 7j , =i ? ?a ,?"? ?;:7 ?r' . ? 0 "1008 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTI L. DAVIS, Plaintiff ) NO. 08-5413 CIVIL TERM V. ) ALAN G. DAVIS, II, ) CIVIL ACTION - LAW Defendant ) IN CUSTODYNISITATION ORDER OF COURT AND NOW, this 2' day of '2008, it is hereby ORDERED and DECREED the terms and conditions of the attached Stipulation for Agreed Upon Custody Order are incorporated herein and made an Order of Court cD _ f"} ' c 6r 7 ,? S -4 fo .9 w s \, i