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HomeMy WebLinkAbout08-62564 W STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, Pennsylvania 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff TRACY L. MOFFITT, Plaintiff V. KEVIN W. MOFFITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION: LAW NO. D k- G Z 5L IN CUSTODY COMPLAINT IN CUSTODY AND NOW, comes Plaintiff by and through her counsel, Stephanie E. Chertok, Esq., and Cindy L. Hribal, Esq., and avers the following in support of her Complaint; 1. The Plaintiff, Tracy L. Moffitt, hereinafter (Mother), resides at 25 Locust Lane, Plainfield, Cumberland County, Pennsylvania. 2. The Defendant, Kevin W. Moffitt, hereinafter (Father), resides at 411 Petersburg Rd., Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following Children: Name: Present Residence: DOB: Age: Ashley L. Moffitt 25 Locust Lane 2/21/91 17 Plainfield, Pa. 17081 Jay A. Moffitt 25 Locust Lane 11/17/94 13 Plainfield, Pa. 17081 The Children were not born out of wedlock. The Children are currently in the custody of Mother who resides at the address listed above. During the past five years, the Children have resided with the following persons and at the following addresses: I Name: Mother Mother and Father Address: 25 Locust Lane Plainfield, Pa. 17081 25 Locust Lane Plainfield, Pa. 17081 Dates: 8/17/08-Present 1991- 8/17/08 The Mother of the Children is Tracy L. Moffitt, who is currently residing at the address listed above. Mother is currently married to Father. The father of the Children is Kevin W. Moffitt, who is currently residing at 411 Petersburg Rd. Carlisle, Cumberland County, PA 4. The relationship of Plaintiff to the Children is that of natural Mother. The Plaintiff currently resides with her two Children at the residence listed above. 5. The relationship of Defendant to the Children is that of natural Father. The Defendant currently resides with his Mother at the residence listed above. 6. Plaintiff has not participated as a party in other litigation concerning the custody of the Children in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the Children pending in a court of this Commonwealth or any other state. 8. Plaintiff does not know of a person, not a party to the proceeding who has physical custody of the Children or claims to have custody or visitation rights with respect to the Children. 9. The best interest and permanent welfare of the Children will be served by granting the relief requested because Father has left the marital home and abandoned the Children. Further, the Children wish to reside with Mother and Mother is concerned that Father may try to take Children since there is currently no Custody Order in place. 10. Each parent whose parental rights to the Children have not been terminated and the person who has physical custody of the Children have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary physical custody of the Children, with Father's visitation to be determined by the Court. Respe-Oft Rubmitted, LSlnie ertok, Esq. Pa. Sup. Ct. # 52651 Cindy Hribal, Esq. Pa. Sup. Ct. ID# 202325 61 West Louther Street Carlisle, Pennsylvania 17013 Counsel for the Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. § 4905 relating to unworn falsification to authorities. 00 ?, Date Tracy L. of STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, Pennsylvania 17013 (717) 249-1177 TRACY L. MOFFITT, Plaintiff V. KEVIN W. MOFFITT, Defendant CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION: LAW NO. IN CUSTODY CERTIFICATE OF SERVICE I, Stephanie E. Chertok, Esquire, counsel for Tracy L. Moffitt, hereby certify that a copy of the Complaint for Custody directed to Defendant Kevin W. Moffitt, was served upon Defendant at Defendant's residence, 411 Petersburg Rd. Carlisle, Pennsylvania 17013., this ?'- day of 2008 by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa. C. R. P. 1930.4(c). Stephanie E -Chertok, Esq. Pa. Sup. Ct. ID# 52651 Cindy L. Hribal, Esq. Pa. Sup. Ct. ID# 202325 61 West Louther Street Carlisle, Pennsylvania 17013 C7 ? Rb .? ` t7 ' zoo p TRACY L. MOFFITT PLAINTIFF V. KEVIN W. MOFFITT DEFENDANT AND NOW, Thursday, Octob it is hereby directed that parties and their resp at 4th Floor, Cumberland County Courth for a Pre-Hearing Custody Conference. At su if this cannot be accomplished, to define and i order. All children age five or older may also provide grounds for entry of a temporary or p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-6256 CIVIL ACTION LAW IN CUSTODY ?RDER OF COURT Z3, 2008 , upon consideration of the attached Complaint, ive counsel appear before Hubert X. Gilroy, Esq. , the conciliator, e, Carlisle on Friday, December 05, 2008 at 8:30 AM conference, an effort will be made to resolve the issues in dispute; or row the issues to be heard by the court, and to enter into a temporary present at the conference. Failure to appear at the conference may ianent order. The court hereby directs the parties t furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to he conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By; ?s/ H, Custody Conciliator The Court of Common Pleas of umberland 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 bu iness 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 An/ ? ,,,rte djvn,a LNfj' 6 ? .c ltd hZ 130 o6oz A W I 344 I• TRACY L. MOFFITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KEVIN W. MOFFITT, Defendant CIVIL ACTION - LAW NO. 2008-6256 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Ashley L. Moffitt, born February 21, 1991 Jay A. Moffitt, born November 17, 1994 2. A Conciliation Conference was held on December 5, 2008, with the following individuals in attendance: The mother, Tracy L. Moffitt, who appeared with her counsel, Stephanie E. Chertok, Esquire, and the father, Kevin W. Moffitt, with his counsel, Mary A. Etter Dissinger, Esquire. 3. Based upon the recommendation of the Conciliator, the parties agreed upon the entry of a temporary Order in the form as attached. Date: December 5 2008 /'X e?oh Hubert X. Gilroy, quire Custody Concili r {`: '" in. DED 12 2QN (fl TRACY L. MOFFITT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW KEVIN W. MOFFITT, NO. 2008-6256 Defendant IN CUSTODY COURT ORDER AND NOW, this 17., day of December, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Tracy L. Moffitt, and the father, Kevin W. Moffitt, shall enjoy shared legal custody of Ashley L. Moffitt, born February 21, 1991, and Jay A. Moffitt, born November 17, 1994. 2 3. The Mother shall be the primary custodian of the minor children. The Father shall have temporary custody of the minor children as follows: A. On Sundays, December 7`h from 8:00 a.m. until 8:00 p.m. B. The weekend of December 12`h from after school on Friday through Sunday evening at 8:00 p.m. C. On Christmas Eve from 8:00 a.m. until 10:00 p.m. D. On December 26`h at 8:00 a.m. through 8:00 p.m. that Sunday on December 28 h E. On New Year's Day from 8:00 a.m. until 10:00 p.m. F. On the weekend of January 9, 2009, from after school until Sunday evening at 8:00 p.m. G. For at least two evenings per week from after school until approximately 9:00 p.m., the evenings to be arranged between the parties with Father giving Mother notice by Sunday of each week as to when he would want to exercise an evening visitation. 4. The attorneys for the parties shall conduct a telephone conference with the custody Conciliator on Thursday, January 29, 2008, at 8:00 a.m. Y •w It is understood that Ashley is a senior in high school and her school, work and social schedule may be such that she is unable to meet the custody schedule set forth above. It is anticipated that there will be no negative repercussions to Mother if Ashley is not following the schedule as outlined above. 6. The schedule set forth above for Father's custody may be modified by agreement of the parties. Absent an agreement, the schedule shall be followed. 7. The conciliation conference via phone call with the attorneys is designed to determine if a hearing is necessary in this case. If so, either party may take a different position with how the custody should proceed. cc: hanie E. Chertok, Esquire ZtepA. Etter Dissinger, Esquire J ?.n 1? C3- , -' ( LLB ..?1,1..- L? , MAR 4 0 2008 TRACY L. MOFFITT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW KEVIN W. MOFFITT, NO. 2008-6256 Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley COURT ORDER AND NOW, this l day of March, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of December 12, 2008 is vacated and replaced with the following Order: 1. The mother, Tracy L. Moffitt, and the father, Kevin W. Moffitt, shall enjoy shared legal custody of Ashley L. Moffitt, born February 21, 1991, and Jay A. Moffitt, born November 17, 1994. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday at 4:00 p.m. until Sunday at 8:00 p.m. B. On the weekdays preceding father's weekend of custody, father shall have custody of the minor children for one evening from after school until 8:00 p.m. On the week preceding mother's weekend of custody, father shall have custody two evenings per week from after school until approximately 8:OOp.m. P, C. Father shall also have periods of temporary custody as agreed upon by the parties. 4. Exchange of custody shall be handled with the parent receiving custody of the children picking them up at the other parent's home such that transportation is shared. 5. Father shall also enjoy two weeks of custody during the summer months for vacation which weeks shall not be consecutive. Father shall notify mother at least thirty days in advance as to when he will exercise vacation. In the event mother is going on vacation where she will be out of town, mother will also have two weeks of vacation and mother shall notify father at least thirty days advance. 6. Physical custody on holidays shall be handled as follows: A. For New Years Day, Easter, Memorial Day, July 4, Labor Day and Thanksgiving, the parties shall alternate custody on those holidays. In odd numbered years, father shall have New Years, Memorial Day and Labor Day and mother shall have Easter, July 4 and Thanksgiving. In even numbered years, the parties shall alternate those holidays. B. For Christmas, the holiday shall be divided into two segments: Segment `A' shall be December 23 at 9:00 p.m. until December 24 at 9:00 p.m. and Segment `B' shall be from December 24 at 9:00 p.m. until December 25 at 9:00 p.m. The parties shall alternate those segments each year with the mother having Segment `A' and father having Segment `B' in 2009 and the parties alternating thereafter. 7. The parties may modify this custody arrangement as they agree. Absent an agreement, the parties shall follow the schedule set forth above. In the event either party desires to modify this custody schedule, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. cc: " Stiphanie E. Chertok, Esquire Mary A. Etter Dissinger, Esquire (?ZpdES rn?cl k? I sit r- C= cr, TRACY L. MOFFITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KEVIN W. MOFFITT, Defendant PRIOR JUDGE: Edgar B. Bayley CIVIL ACTION - LAW NO. 2008-6256 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Ashley L. Moffitt, born February 21, 1991 Jay A. Moffitt, born November 17, 1994 2. A Conciliation Conference was held on March 6, 2009, with the following individuals in attendance: The mother, Tracy L. Moffitt, who appeared with her counsel, Stephanie E. Chertok, Esquire, and the father, Kevin W. Moffitt, with his counsel, Mary A. Etter Dissinger, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: March q , 2009 VG Hubert X. Custody C , Esquire