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HomeMy WebLinkAbout09-2084t FAFILESTBmUV 3357 Samantha Mil aA 3357. I .CwtComp Created: 9/20/04 0:06PM Revised: 4/1/09 3:24PM Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SAMANTHA A. MILLER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. N0.2009- CIVIL ACTION - LAW KURTIS D. STOVER Defendant IN CUSTODY CUSTODY COMPLAINT Plaintiff, Samantha A. Miller, by her attorneys, Martson Law Offices, sets forth the following: 1. Plaintiff, Samantha A. Miller, is an adult individual residing at 2717 Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Kurtis D. Stover, is an adult individual residing in New Bloomfield, Perry County, Pennsylvania. 3. Plaintiff and Defendant are the natural parents of Kadyn D. Stover, born September 10, 2007. 4. The parties request that this matter be referred to a Custody Conciliator for a conference at which time the attached Stipulation will be presented for a Court Order. WHEREFORE, Plaintiff respectfully requests your Honorable Court to award her custody of the minor child and grant such other relief as appropriate. Respectfully submitted, Date: April , 2009 ubert X. Gil y, Esquire Attorney fo laintiff F:\F1LES\Ck=\13357 Samantha ?Mer\13357. I.Stip.Ordal / Crated: 9/20/04 0:06PM s+ Revised: 3/9/09 11:10AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SAMANTHA A. MILLER Plaintiff V. KURTIS D. STOVER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- CIVIL ACTION - LAW IN CUSTODY STIPULATION The parties to the above captioned matter hereby agree and stipulate as follows: 1. Plaintiff, Samantha A. Miller, and Defendant, Kurtis D. Stover, are the natural parents of Kadyn D. Stover, born September 10, 2007. 2. The parties agree to a custody arrangement as set forth in this stipulation and agreement. The custody arrangement shall be as follows: A. The mother, Samantha A. Miller, and the father, Kurtis D. Stover, shall enjoy shared legal custody of Kadyn D. Stover, born September 10, 2007. B. The mother shall enjoy primary physical custody of the minor child. C. The father shall enjoy periods of temporary physical custody with the minor child at such times as pursuant to a schedule as agreed upon by the parties. EXHIBIT A 3. The parties agree that this stipulation shall control the custody arrangement between the parties unless the parties agree otherwise in writing or unless indicated otherwise by a court order. 4. The parties agree that this stipulation may be submitted to the Court of Common Pleas of Cumberland County and the Court may issue an Order on custody consistent with the attached Order. WITNESS: DATE: March IN 2009 DATE: March [(a, 2009 SAMA A A. MILLER L'q', K T S DK-ATOVER OF THE URY 2009 APR -3 AM 9: 54 V' V (11 Z ?eei R LI-'a t? 1?W(0? / ?L o PEN S Y i.`F'Y ?A oy- U w SAMANTHA A. MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2084 CIVIL ACTION LAW KURTIS D. STOVER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 07, 2009 , 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, May 05, 2009 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/ Jaequeline M. Verney, Esq. 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 HLED47 RO OF THE PR0Tl-,It. 7TARY 2009 APR -8 PM 2: 53 FEN i b J' try //- v e),f ev a - e, 7&" 0 - A"?, Z?, 41':r 07 , APR 1 6 1009 SAMANTHA A. MILLER, Plaintiff V. KURTIS D. STOVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-2084 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW A AND NOW, this 1-7 day of Arvi , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Samantha A. Miller and the Father, Kurtis D. Stover, shall have shared legal custody of Kaydn D. Stover, born September 10, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, 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 parent 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent 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. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody at such times as pursuant to a schedule as agreed upon by the parties. 4. This Order is entered pursuant to a stipulation of the parties. The parties may modify the provisions of this Order by mutual consent in writing or by further Order of Court. In the absence of mutual consent or another Order of Court, the terms of this Order shall control. B` J. c!Jxurtis ert X. Gilroy, Esquire, Counsel for Mother D. Stover, pro se 1723 New Bloomfield Road New Bloomfield, PA 17068 Flo CS ?01 W11 3 ddV 6061 3Hi 30 ry atu t , SAMANTHA A. MILLER, Plaintiff V. KURTIS D. STOVER, Defendant PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-2084 CIVIL ACTION - LAW IN CUSTODY 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 Kadyn D. Stover September 10, 2007 Mother 2. The conciliator was contacted by counsel for Mother requesting a custody stipulation be made an Order of Court. Counsel for Mother, Samantha A. Miller, is Hubert X. Gilroy, Esquire. Father, Kurtis D. Stover is pro se. 3. The parties signed the attached stipulation and requested that it become an Order of Court. A Date acq a M. Verney, Esquire Custody Conciliator 1 KURT D. SHOVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2014-4398 CIVIL ACTION LAW SAMANTHA MILLER, : IN CUSTODY Defendant SAMANTHA A. MILLER, Plaintiff V. KURTIS D. STOVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-2080/CIVIL ACTION - LV -11 : rm fin -- : = M 1— -0 : = 7"3 IN CUSTODY cor- 1 CD --‹ ---. ‘3-4, 6 r- ---- ---:-,-. • ..‹)0 cp --,-, P -c--., ORDER OF COURT =e c:: 1•3 -,-o . • - -2,-, cn C. n AND NOW, this 9a day of Iii4h41,441 , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The above dockets are hereby consolidated. 2. The prior Order of Court dated April 17, 2009 at docket number 2009- 2084 is hereby vacated. 3. The Mother, Samantha A. Miller and the Father, Kurtis D. Stover, shall have shared legal custody of Kaydn D. Stover, born September 10, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, 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 parent 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent 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. 4. Mother shall have primary physical custody of the child. 5. Father shall have the following periods of partial physical custody: A. Alternating weekends beginning September .5, from Friday at 6:00 p.m. to Monday at 7:00 a.m. B. The week before Father's alternating weekend, Wednesday at 6:00 p.m. to Thursday at 7:00 a.m. C. The week after Father's alternating weekend, Wednesday at 6:00 p.m. to Thursday at 7:00 a.m. and Thursday at 6:00 p.m. to Friday at 7:00 a.m. D. Such other times as the parties agree. 6. Holidays shall take precedence over the regular schedule: A. Thanksgiving and Easter shall be shared with Mother always having physical custody from 9:00 a.m. to 3:00 p.m. and Father having physical custody from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon on Christmas Day to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. C. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day, both from 9:00 a.m. to 9:00 p.m. D. Both parties shall have two uninterrupted week in the summer, provided they give the other party 30 -days prior notice. One of Father's weeks shall always be over the July 4t" holiday. 7. Transportation shall be shared as agreed by the parties. 8. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 9. This Order is entered pursuant to a stipulation of the parties. The parties may modify the provisions of this Order by mutual consent in writing or by further Order of Court. In the absence of mutual consent or another Order of Court, the terms of this Order shall control. BY THE COURT, cc: Kurtis D. Stover, pro se 142 S. 30th Street Camp Hill, PA 17011 ,Xichael A. Scherer, Esquire, Counsel for Mother /72*1 tcef t., J. KURT D. SHOVER, Plaintiff V. SAMANTHA MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014-4398 CIVIL ACTION LAW : IN CUSTODY • SAMANTHA A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • V. : NO. 2009-2084 CIVIL ACTION - LAW KURTIS D. STOVER, Defendant • : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Kadyn D. Stover September 10, 2007 Mother 2. A Conciliation Conference was held in this matter on September 3, 2014, with the following in attendance: The Father, Kurtis D. Stover, pro se and the Mother, Samantha A. Miller, with her counsel, Michael A. Scherer, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated April 17, 2009 at docket number 2009-2084 providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody as agreed. 4. The parties agreed to an Order in the form as attached. 7- 3 - Date acq me M. Verney, Esquire Custody Conciliator