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HomeMy WebLinkAbout09-3251KELLI M.GREGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 0 9 - 3d :?j &,t. -7-e,,- DONALD L. GREGG, JR., Defendant IN DIVORCE and CUSTODY NOME You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested m these papers by the Plaintiff. You may also lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU SO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 anaugements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. KELLI M. GREGG, Plaintiff V. DONALD L. GREGG, JR-, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 0 9- 3 a S 1 (?( 7" : IN DIVORCE and CUSTODY COMPLAINT UNDER SECTIONS„ 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Kelli M.Gregg, by and through her counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is Kelli M. Gregg, an adult individual, who currently resides at 224 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Donald L. Gregg, Jr., an adult individual who currently resides at 224 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 6, 2004, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT 2 - CUSTODY 9. The previous paragraphs 1-8 are incorporated by reference. 10. Plaintiff seeks shared physical custody of the following children: Name Present residence DOB Addyson Gregg 224 Faith Circle 03/22/2004 Carlisle, PA 17013 Averie Gregg 224 Faith Circle Carlisle, PA 17013 10/09/2007 11. One child was not born out of wedlock and the other child was born out of wedlock. 12. The children are presently in the custody of Mother and Father, who reside at 224 Faith Circle, Carlisle, Pennsylvania. 13. During the past five years, the children have resided with the following persons and at the following addresses: List all Persons List All Addresses Dates Mother and Father 155 Cedar Lane 2004-2005 Carlisle, PA 17013 Mother and Father & 1061 Cranes Gap Rd. 2005-2006 Maternal Grandparents Carlisle, PA 17013 Mother and Father 224 Faith Circle 2006- Present Carlisle, PA 17013 14. The Mother of the children is Kelli M. Gregg, who resides at 224 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013. She is married to the Defendant. 15. The Father of the child is Donald L. Gregg, Jr., who resides at 224 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013. He is married to the Plaintiff. 16. The relationship of Plaintiff to children is that of Mother. The Mother currently resides with the following persons: Name Relationship Donald L. Gregg, Jr. husband Addyson Gregg daughter Averie Gregg daughter 17. The relationship of Defendant to children is that of Father. The Father currently resides with the following persons: Name Relationship Kelli M. Gregg wife Addyson Gregg daughter Averie Gregg daughter 18. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 19. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 20. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 21. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NAme(s) Address Basis of Claim None 22. Reasons for granting relief A) A Court Order of custody and structured visitation is desired so that Plaintiff and children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children are not used in a manipulative fashion. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant her Complaint for shared physical custody of the children. Respectfully submitted, Date: S =l p-D? Michael I Whar squire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff KELLI M.GREGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law DONALD L. GREGG, 3R., Defendant No. : IN DIVORCE and CUSTODY 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 unsworn falsification to authorities. Date: -K, i P - m, AAj, Ke i M. Gregg, Plaintiff t?1C 200914,' i ? LGffvfL,: r. ?i'r, t r 4J 'v-'3 3Q, sa Ck/ M 517 ' KELLI M. GREdG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-3251 CIVIL ACTION LAW DONALD L. G GG, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 27, 2009 , upon consideration of the attached Complaint, it is hereby directed hat parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 30, 2009 at 2:30 PM for a Pre-Hearing C stody 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 Special Relief by directs the parties to furnish any and all existing Protection from Abuse orders, and Custody orders to the conciliator 48 hours prior to scheduled' hearing. FOR THE COURT, By: /s/ John J. Mangan, r., Esq. D. Custody Conciliator TheI with Disability available to di must be made conference or YO HAVE AN A] FORTH BEL( ;ourt of Common Pleas of Cumberland County is required by law to comply with the Americans Act of 1990. For information about accessible facilities and reasonable 'accommodations abled individuals having business before the court, please contact our office. All arrangements t least 72 hours prior to any hearing or business before the court. You must attend the scheduled SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT CORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET W TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r Or LU 7 Tt t 1 28 6 KELLI M. GREGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 2009-3251 DONALD L. GREGG, Defendant : IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this _ day of u n 2009 by and between Donald L. Gregg (Hereinafter referred to as "Father") and Kelli M. Gregg (Hereinafter referred to as "Mother"). WHEREAS, Mother and Father are the natural parents of two children, namely, Addyson Gregg, date of birth, March 22, 2004, age 5; and Averie Gregg, date of birth, October 9, 2007, age 1; and WHEREAS, Mother and Father have reached an agreement relative to the future 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. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree to the custody order as follows: 1. LEGAL CUSTODY: Mother and father shall have shared legal custody of the children. 2. PHYSICAL CUSTODY: Mother and father shall have shared physical custody as follows: A. Father shall have every Tuesday and Thursday after school until the following morning. B. Father shall have every other Saturday from 8:00 a.m. until Monday morning. C. Mother shall have custody at other times not specified in paragraphs A and B above. 3. SUMMER VACATION: Mother and Father shall each have two non-consecutive weeks during the summer when that parent may have uninterrupted custody of the children. A week shall be defined as Friday at 5:00 p.m. until the following Friday at 5:00 p.m. and shall incorporate the parent's regularly scheduled weekend. Each parent shall give at least thirty (30) days written notice of intent to take the period or periods of summer vacation to the other parent. The party who first gives notice to the other shall take precedence, and the other party shall not schedule a period of vacation during that time. 4. HOLIDAYS: Mother and father shall share the holidays as agreed upon by the parties. However, if the parties are unable to reach an agreement concerning the holidays, the attached holiday schedule shall control. 5. TRANSPORTATION: Transportation shall be shared by the parties, with the parent who is to receive custody at the time of exchange, responsible for providing transportation. At all times, the children shall be secured in the appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to or while transporting the children. 6. TELEPHONE/E-MAIL CONTACT: The custodial parent shall assure that the non- custodial parent has reasonable access to the children via telephone and/or email. 7. 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 parent shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's opinion of the other parent or which may hamper the free and natural development of a child's love and respect for the other parent. 8. FINANCIAL CARE OF CHILDREN: In the event that a significant matter arises with the respect the medical care, education, or financial care of the children, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. 9. ILLNESS OF CHILDREN: Emergency decisions regarding the children shall be made by the parent then having custody. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children are protected. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 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. 10. MUTUAL CONSULTATION: Each parent 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 children'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 parry 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. 11. WELFARE OF THE CHILDREN TO BE CONSIDERED: The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. 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. 12. ALCOHOL/SMOKINGALLEGAL SUBSTANCES: Neither parent shall smoke in any part of confined area with the children present and neither party shall permit another person to smoke in any part of a confined area with the children present. Neither parent shall drink alcoholic beverages to excess or consume illegal substances when in the presence of the children and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the children. Neither parent shall allow others to drink alcoholic beverages to excess or consume illegal substances when in the presence of the children. 13. 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 that both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 14. GOVERNING LAW: This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: IM Aj Witness Kelli M. Gregg -1 f' Witness onald L. Gregg HOLIDAYS AND SPECIAL DAYS T DIES EVEN YEARS ODD YEARS Easter Da 1 Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1 Half From S am Thanksgiving Day to 2 m on Thanks 'vin Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1 S Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January l" (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father OF THE"' 2009 JUN 29 Phi 2: 4 7 J 0 [009 KELLI M. GREGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 2009-3251 DONALD L. GREGG, Defendant ; IN CUSTODY ORDER OF COURT NOW THIS day of 2000, upon presentation IN, and consideration of the within Stipulation and Custody Agreement, It is hereby Ordered and decreed as follows: 1. LEGAL CUSTODY: Mother and father shall have shared legal custody of the children. 2. PHYSICAL CUSTODY: Mother and father shall have shared physical custody as follows: A. Father shall have every Tuesday and Thursday after school until the following morning. B. Father shall have every other Saturday from 8:00 a.m. until Monday morning. C. Mother shall have custody at other times not specified in paragraphs A and B above. 3. SUMMER VACATION: Mother and Father shall each have two non-consecutive weeks during the summer when that parent may have uninterrupted custody of the children. A week shall be defined as Friday at 5:00 p.m. until the following Friday at 5:00 p.m. and shall incorporate the parent's regularly scheduled weekend. Each parent shall give at least thirty (30) days written notice of intent to take the period or periods of summer vacation to the other parent. The party who first gives notice to the other shall take precedence, and the other party shall not schedule a period of vacation during that time. 4. HOLIDAYS: Mother and father shall share the holidays as agreed', upon by the parties. However, if the parties are unable to reach an agreement concerning the holidays, the attached holiday schedule shall control. 5. TRANSPORTATION: Transportation shall be shared by the parties, with the parent who is to receive custody at the time of exchange, responsible for providing transportation. At all times, the children shall be secured in the appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to or while transporting the children. 6. TELEPHONE/E-MAIL, CONTACT: The custodial parent shall assure that the non- custodial parent has reasonable access to the children via telephone and/or email. 7. 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 parent shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's opinion of the other parent or which may hamper the free and natural development of a child's love and respect for the other parent. 8. FINANCIAL CARE OF CHILDREN: In the event that a significant matter arises with the respect the medical care, education, or financial care of the children, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. 9. ILLNESS OF CHILDREN: Emergency decisions regarding the children shall be made by the parent then having custody. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children are protected. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 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. 10. MUTUAL CONSULTATION: Each parent 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 children'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. 11. WELFARE OF THE CHILDREN TO BE CONSIDERED: The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. 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. 12. ALCOHOL/SMOKING/ILLEGAL SUBSTANCES: Neither parent shall smoke in any part of confined area with the children present and neither party shall permit another person to smoke in any part of a confined area with the children present. Neither parent shall drink alcoholic beverages to excess or consume illegal substances when in the presence of the children and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the children. :Neither parent shall allow others to drink alcoholic beverages to excess or consume illegal substances when in the presence of the children. 13. 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 that both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 14. GOVERNING LAW: This Agreement shall be governed and controlled by the laws of Pennsylvania. cc: chael J. Whare Esq. Donald L. Gregg, Pro Se W I £S i'Y?,?.l ?? 7 ? a? HOLIDAYS AND SPECIAL DAYS TMWS EVEN YEARS ODD YEARS Easter Da 18 Half From 9 am until 3 m Father Mother Easter Da 2°Half From 3 pm until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving ? Half From 8 am Thanksgiving Day to 2 m on Thanks ivin Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1 Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1st (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Day I From 9 am until 9 m Father Father OF i H dip i 2009 JL!L - i A f i: I 1