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HomeMy WebLinkAbout09-3448• During the past five years, the child has resided with the parties and at the addresses herein indicated: From To With Whom Addresses Birth 2007 Mother and Father Shippensburg, PA 2007 Present Mother ? The Mother of the child is Natasha M. Barrick, whose current address is unknown. She is not married. The Father of the child is Michael A. Remeikis, who currently resides at 131 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241. He is not married. 4. The relationship of Plaintiff to the child is that of natural Father. Plaintiff currently resides with the following persons: N/A 5. The relationship of Defendant to the child is that of natural Mother. Defendant currently resides with the following persons: Names Relationship Jaslyn Remeikis Daughter Phil ? Boyfriend 6. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 7. There are no other proceedings pending involving custody of the child in this or in any other state. A 8. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 9. The best interests and permanent welfare of the child will be served by granting the relief requested because a shared custodial arrangement will permit both parents to maintain a significant bond with the child. 10. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that, pursuant to §3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding joint legal custody of the child to Mother and Father, with primary physical custody of the child being awarded to Mother and partial physical custody of the child being awarded to Father. a' U 5J Rectfully submitted, rlt ? ca M cClincy Darr, quire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Michael A. Remeikis VERIFICATION I, Michael A. Remeikis, hereby swear and affirm that the facts contained in the foregoing Complaint for 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 unsworn falsification to authorities. Date: Michael A. Remeikis r ` -.,r5 -1- THE rj cH1t4 .. tr ,_. .?.p; r+' 2..? ?artt 2to , *I(#5.30 PD ATTY cK,`a (w* r7 RT* aas W74 MICHAEL A. REMEIKIS PLAINTIFF V. NATASHA M. BARRICK DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-3448 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, June 08, 2009 , upon consideration of the attacl it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 10, 2009 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the i if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to ent, order. Failure to appear at the conference may provide grounds for entry of a temporary or permai The court hereby directs the parties to furnish any and all existing Protection from Al Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hear FOR THE COURT. By: /s/ Hubert X. Gilroy. Es q. Custody Conciliator ed Complaint, the conciliator, at 10:30 AM sues in dispute; or r into a temporary ent order. se orders, The Court of Common Pleas of Cumberland County is required by law to comply ith 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 Y U DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE O FICE 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 FILED-OFFICE Ur THE PP'O `HOND ARY 2009 JUN t 0 At. It: 13 JUL 1 0 2009 MICHAEL A. REMEIKIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW NATASHA M. BARRICK, NO. 2009-3448 Defendant IN CUSTODY ORDER f4 AND NOW, this rG day of July, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Esquire Custody Conciliator FU j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL A. REMEIKIS, ) Plaintiff ) V. ) NATASHA M. BARRICK, ) Defendant ) NO. 2009-3448 CIVIL TERM CIVIL ACTION - LAW CUSTODY STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is made this & day of July, 2009, by and between MICHAEL A. REMEIKIS (hereinafter "Father") of Cumberland County, Pennsylvania, and NATASHA M. BARRICK (hereinafter "Mother") of Lebanon County, Pennsylvania; WITNESSETH: WHEREAS, the parties hereto are the parents of Jazlynn Remeikis, born November 6, 2006 (hereinafter referred to as "the Child"); WHEREAS, Father has filed a custody action in order to regularly exercise his parental right to consistent involvement in the Child's life; WHEREAS, the parties are desirous of maintaining a very amicable relationship with regard to their Child and seek to enter into a stipulated order granting the parties shared legal and physical custody of the Chid without the necessity of formal court intervention. NOW, THEREFORE, in consideration of the premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, agrees as follows: Legal Custody. The parties shall share legal custody of the Child, legal custody being defined as the right to make major decisions affecting the best interests of the Child, including, but not limited to, medical, moral, religious, educational and general parenting decisions. See 23 Pa.C.S.A. Section 5301. The parties agree to discuss and consult with one another with a view towards adopting a harmonious policy calculated to at all times promote the Child's best interests. Each party shall have the right to be kept informed of the'Child's educational, religious, social, moral and medical development. Each parent shall notify the other of any matter relating to the Child which could reasonably be expected to be of significant concern to the other parent. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the Child 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. 2. Physical Custodd-y. Mother and Father agree that Mother will be awarded primary physical custody of the Child and Father will be awarded partial physical custody of the Child. Mother and Father further agree that the following custody schedule would comport with the best interests of the Child: (a) Father shall enjoy physical custody of the Child on alternating weekends from Friday evening at 5:00 p.m. until Monday morning at 7:00 am. However, notwithstanding the foregoing, Father and Mother agree to be flexible with such custodial time and Mother shall consider any reasonable requests of Father regarding occasional weekday custody, as the parties' work schedules permit. 2 (b) The parties may enjoy parenting time on any other days and any other times upon which the parties may, from time to time, agree in consideration of the best interests and desires of the Child and her academic and extracurricular commitments. (c) The party relinquishing custody shall be responsible for transporting the Child to the receiving parent, unless the parties mutually agree otherwise in advance. 3. Summer Schgol Vaca on Period. During the summer recess from school, each party shall be entitled to two (2) uninterrupted, non-consecutive weeks of physical custody. Both parties shall provide notice to the other of any special summer travel plans, including a tentative itinerary and contact information, by April 1 each year. In the event of more sudden travel plans, both parties agree to be as flexible as possible in order to effectuate the Child's best interests. 4. Holidays/Birthdays. Mother and Father agree that the following holiday schedule shall take precedence over the regular custody schedule: (a) Mother's Day/Fa er's PAL. Mother shall have physical custody of the Child each and every Mother's Day from 9:00 a.m. the day of the holiday'until 8:00 p.m. the day of the holiday. Father shall have physical custody of the Child each and every Father's Day from 9:00 a.m. the day of the holiday until 8:00 p.m. the day of the holiday. (b) Child's Birthdays. If Child's birthday falls on Mother's custodial day, Father shall be entitled to some parenting time to celebrate the Child's birthday either the 3 day immediately preceding or following the actual birthday, as the parties will determine on a year-by-year basis. (c) Thanksgiving. The parties agree that in all even-,numbered years, Father shall have physical custody of the Child for Thanksgiving from 5:00 p.m. on the last day of school prior to Thanksgiving through Sunday evening at 5:00 p.m., and that ]Mother shall have the same physical custody of the Child in all odd-numbered years. (d) Christmas. The parties agree that the Christmas holiday break shall be divided into two (2) segments, Segments A and B. Segment A shall begin at 7:00 p.m. on the last day of school prior to the holiday break and shall run until Noon on Christmas Day. Segment B shall begin at Noon on Christmas Day and shall run until 7:00 p.m. of the evening prior to the day school is scheduled to resume. Mother shall have physical custody of the Child for Segment A in even-numbered years, and shall have such physical custody of the Child for Segment B in odd-numbered years. Father shall have physical custody of the Child for Segment A in odd-numbered years, and shall have such physical custody of the Child for' Segment B in even-numbered years. (e) Easter. The parties agree that in all odd-numbered years, Mother shall have physical custody of the Child for Easter from the Friday preceding the holiday until 7:00 p.m. on the Monday following the holiday, and that Father shall have the same physical custody of the Child in all even-numbered years. 4 Child's Activities. Each party shall ensure the Child participates in all regularly scheduled activities during his or her periods of physical custody. If the designated time for pick-up or return of the Child occurs during a scheduled activity, then pick-up or return shall occur at the activity after the activity has concluded. 6. Disparaebg Remarks. The parties shall refrain from making any disparaging or negative remarks with regard to the other party either directly to the Child or in her presence. Likewise, the parties shall ensure that third parties refrain from making any disparaging or negative remarks with regard to the other party either directly to the Child or in her presence. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child 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 Child or in her presence. 7. Telephone/Addrgss. Each party shall keep the other apprised of his or her telephone numbers, electronic mail address and residential address. Any changes in such contact information will be provided to the other parent with forty-eight (48) hours of said change. 8. Contact with Non-Custodial Parent. The non-custodial, parent shall be entitled to reasonable telephone, text messaging, and electronic mail privileges, as age appropriate, with the Child while she is in the custody and control of the other party. 9. Jurisdiction and Entry of Court Order. The parties agree that Cumberland County shall have jurisdiction over this custody matter and that the terns and provisions of this Stipulation shall be entered as an order of court. IN WITNESS WHEREOF, the parties hereby agree to the above terms as of the day and WITNESS MICHAEL A. REMEDUS r -/?? '121A -AA Aft" A AS A M. BARRIC"k 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF 3u#ia BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL A. REMEIKIS, 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 this l(?) day of I Q?, 2009. otary P 1c 1n d for Commonwealth of Pennsylvania Typed or printed name of Notary: r Z My commission expires:- MWONKAM OF PENNSYLVANIA NOTARIAL SEAL 4M0 L, GONTZ. NOTARY PUBLIC FOf HARRISBURG, DAUPHIN COUNTY 11 EJI OMMISSION EXPIRES MAY 11.1011 C 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared NATASHA M. BAR.RICK, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this '2-4'4 day of 2009. //JSA ? CQ•^Y?' Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission ex • IINDA M. CARV R NOTARY QUBLiC MYRCOMMI3S ON' PYRES DECD22, 2010 FILE, ? ! ? ^? ~i~ 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL A. REMEIKIS, ) Plaintiff ) NO. 2009-3448 CNIL TERM v. ) NATASHA M. BARRICK, ) CNIL ACTION -LAW Defendant ) CUSTODY ORDER OF COURT AND NOW, this ~~h~ day of ~J , 2009, it is hereby ORDERED and DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed Upon Custody Order are incorporated herein and hereby made an Order of Court. BY THE COURT: Distribution: Counsel for Plaintiff, Rebecc McClincy Darr, EsquireiP.O. Box 810, Harrisburg, PA, 17108 Counsel for Defendant Britcher, Family Law Clinic, 45 North Pitt St, Carlisle PA 17103 Y ' n~ a 07 - 2%~-" ~ltt~i~-~: ~r~t~. 0~ 1~c P~':.yTi-^1~`~~AF?Y 209 J~31.22 P~' 3~ ~~ Ct..l~~~y:~ ~;~.:µ ,. w:1~i1N3'Y P~NiJ~jYLU~`-~+~1~ r MICHAEL A. REMEIKIS, Plaintiff v. NATASHA M. BARRICK, Defendant NOd ~ u [UU~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY NO. 2009-3448 CIVIL TERM ORDER OF COURT AND NOW, this 3~~~ day of ~ ~ V Cw~,~Dc.T , 2009, it is hereby ORDERED and DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed Upon Custody Order are incorporated herein and hereby made an Order of Court BY THE COURT: ~~ ~~ Distribution: Rebecca McClincy Darr, Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 Amber Bireley, Family Law Clinic, 45 North Pitt St, Carlisle, PA 17103, (717) 243-2968 l~D~ t 'mss rn~ t ~l~ I~.~il Ug ~~~ 2~4r~ ar'~'~ 3Q P i:~ ! 9 ,~~i, ~,