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HomeMy WebLinkAbout04-2078CAROLE. TYLER, Plaimiff MICHAEL L. TYLER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O~-- &o 7~ Civil Term : 1N CUSTODY PETITION TO CONFIRM CUSTODY 1. Plaintiffis Carol E. Tyler, who currently resides at 7 Robin Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Michael L. Tyler, who currently resides at 688 South Middlesex Road, Cumberland County, Carlisle, Pennsylvania, 17013. 3. Plaintiff seeks to confirm custody of the following children: NAME DOB Quemin Michael Tyler 10-25-89 Tara Leigh Tyler 7-22-91 ADDRESS 7 Robin Drive, Carlisle, Pa. 7 Robin Drive, Carlisle, Pa. The children were bom in wedlock. Father and mother curremly share legal custody of the children and Mother has primary physical custody of the children. 8. Each parent whose parental rights to the children have not been terminated and any person who has physical custody of the children has been named as a party to this action. WHEREFORE, Plaintiff requests the court to confirm custody of the children in a court order. Date: Respectfully submitted, ~reet Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ~ate:~. I0 .o )/ / Carol E. Tyler CAROL E. TYLER PLAINTIFF V. MICHAEL L. TYLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2078 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 12, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, CumberIand County Courthouse, Carlisle on Friday, June 11, 2004 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. All children are five or older may also be present at the conference. Failure to apvear 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 hearinl~. FOR THE COURT, By: Isl Hubert X. Gilroy. Esq. Custody Conciliator mhc 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 E[ELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 l 7) 249-3 ~t 66 CAROLE. TYLER, Plaintiff MICHAEL L. TYLER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04 - 2078 Civil Term : : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this May 18, 2004, I, Jane Adams, Esquire, hereby certify that on May 14, 2004, a certified tree copy of the CUSTODY COMPLAINT was served, via certified mail, return receipt requested, addressed to: Anthony DeLuca, Esquire I 13 Front Street P.O. Box 358 Boiling Springs, Pa. 17007 ATTORNEY FOR DEFENDANT MICHAELL. TYLER Respectfully Submt}~ed: ~e Adams, Esquire ). No. 79465 ~ South Pill: Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF items 1,2, and 3. Also complete = Restated Delive['J is desired. ir name and address on the reverse this card to the bac~ o, ' Prinhsd Nente~9 D is de very address different fTom ff yES, enter deliveTy address below: O_ .~NO :.~ 7003 1010 0004 781,8 6565 etum ReCeipt CAROL E. TYLER, Plaintiff V MICHAEL L. TYLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : : NO. 2004-2078 : IN CUSTODY' COURT ORDER AND NOW, this ~/~ day of , 2,004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Carol E. Tyler, and the father, Michael L. Tyler, shall enjoy shared legal custody of Quentin Michael Tyler, born October 25, 1989, and Tara Leigh Tyler, born July 22, 1991. 2. Physical custody with respect to the minor children shall be handled between the parties in accordance with the arrangement the parties have been following the past few years. 3. A hearing is scheduled in Courtroom No. ~1 of the Cumberland County Courthouse on the ~6~ day of ~.~ , 2004 at C~'.(D C~ .m. at which time testimony will be taken in thJe above case. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, each parties position on those issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least 5 days prior to the mentioned hearing dat~, cc: JAnan~oAnydaLn~. ~)eE~qu~air,e Es quire .~z~ CAROL E. TYLER, Plaintiff V MICHAEL L. TYLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERL/LND COUNTY, PENNSYLVANIA : : CIVIL ACT]ION - LAW : : NO. 2004 - 2078 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Quentin Michael Tyler, born October 25, 1989, and Tara Leigh Tyler, born July 22, 1991. A Conciliation Conference was held on June 11, 2004, with the following individuals in attendance: The mother, Carol E. Tyler, with her counsel, Jaue Adams, Esquire and the father, Michael L. Tyler, with his counsel, Anthony L. DeLuca, Esquire. The parties have been separated for approximately 4 years and have been operating under an informal custodial arrangement that they had worked out between themselves. Mother is now seeking an order providing her with primary custody. Father does not necessarily agree with that position at this particular time, and a hearing needs to be held. Father may re-evaluate his position and the parties can continue to negotiate between themselves to determine if an agreement can be reached prior to the hearing. 4. The Conciliator recommends an order in the form as attached. DATE u're CAROL E. TYLER, PLAINTIFF MICHAEL L. TYLER, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 04-2078 CIVIL TERM ORDER OF COURT AND NOW, this _ 'L/I .day of July, 2004, the hearing currently scheduled for July 30, 2004, is cancelled and rescheduled to Thursday, August 19, 2004, at 9:00 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Jane Adams, Esquire For Plaintiff Anthony DeLuca, Esquire For Defendant By thE; Court, ,/ Edgar B. Ba~yley, J. :sal CAROL E. TYLER, Plaintiff MICHAEL L. TYLER, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Oq--'"~ 0'")I~' CivilTerm IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this /~ dayof~/~, 2004, by and between CAROL E. TYLER, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and MICHAEL L. TYLER, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two minor children, namely, Quentin Michael Tyler, date of birth, October 25, 1989, and; Tara Leigh Tyler, date of birth, July 22, 1991; WHEREAS, Mother and Father have reached an agreement relative to the futura care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. Them is no previous Order of Court conceming the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of 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. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the children, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the fight to take possession of a child away from the custodial parent for a certain period of time. Father shall have partial custody of the children as follows: A. Father shall have a block of time with the children every other weekend, beginning Friday afternoon, or after school, when school is in session. This block of time shall last until Sunday evening or may ]last until Monday morning, if the parties mutually agree. B. Father shall be entitled to an additional block of time with the children on Easter, Thanksgiving, and Christmas, and other holidays, as the parties mutually agree. C. In addition to the alternating weekend periods of partial custody, Father may have up to two additional evening periods with the children from after school, until 8:30 p.m. If the parties mutually agree, these periods may be extended until the next morning. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. No person transporting the child(ren) shall consume alcoholic beverages to the point of intoxication prior to transporting the child(ten) or be under the influence of any alcoholic beverages which would impair their ability to drive while transporting the child(ren). 5. On~,oin~ Relationshio. Neither party shall attempt to undermine the mutual love and affection that the child(ren) may have for the other parent and neither parent shall, in the present of the child(ren) make any disparaging or negative remarks co~aceming the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees, to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the ha:me, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child(ten). 6. lliness of a Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, 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 possible. The term "serious illness" as used herein shall mean any disability which confines a 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. During such illness, each p~trty shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Children to be Considered. The welfare and convenience of the children shall be the prime consideration of the parties in any etpplication of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This; Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement bntfin order to do so 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. ' FR~M : JANE_ADAMS FAX NO. : 71724585~0 Sep. 10 2004 12:42AM P5 9. G vernin Law. This Agreement shall be governed and controlled by the laws of Pennsylvarfia. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire A reement. This Agreement contains the entire tmderstanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or olherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, vaStten or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: CAROL E. TYLEl/dPlaintiff MICHAEL L. TyLEt[ Defendant (717) 245-8508 Attorney for Mother Anthony DeL~cg( Esquire I.D. No. 113 Front Street P.O. Box 358 Eloiling SpFmgs, ]["a. 17007 (717) 258-6844 Attorney for Father SEP 3 II 200& ~ CAROL E. TYLER, Plaintiff MICHAEL L. TYLER, Defendant IN THE COURT OF COMIvlON PLEAS CUMBERLAND cOUNTY, PENNSYLVANIA No. 04 - 2078 Civil Term : : IN CUSTODY ORDER AND NOW, this [~ day of ~ ' 201)4, having reviewed the attached agreement between the parties dated September 15, 2004, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORD.~f Co CC; /,/~'nthony DeLuca, Esquire ,/fane Adams, Esquire It9-o j ORIGINAL