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HomeMy WebLinkAbout93-1826AS OF CASE# 12-16-2009 93-1826 HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DONNA J. STEVENSON, Plaintiff V. GREGORY A. STEVENSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - IN CUSTODY No. 93-1826 PETITION FOR MODIFICATION OF CUSTODY ORDER 1. Petitioner is Defendant, Gregory A. Stevenson, an individual residing at 2304 Kent Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is Plaintiff, Donna J. Stevenson, now know as Donna J. Landis, an individual residing at 104 November Drive, Apt. 6, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Petitioner seeks to return to the status quo custodial situation regarding the following child: NAME ADDRESS DOB Meghan A. Stevenson 104 November Drive, Apt. 6 10/1/1992 Camp Hill, PA 17011 The child is currently in the physical custody of Mother after having removed the child from Respondent's home on September 11, 2009. Mother resides at the address referenced above. During the last five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Father, Father's Wife, Kathryn E. Stevenson, Father's children, Levi and Selah Stevenson and the child. Mother and the child 2304 Kent Street Camp Hill, PA 2004-9/11/09 104 November Drive, Apt. 6 9/11/09 to present Camp Hill, PA The Mother of the child is Donna J. Landis, currently residing at 104 November Drive, Apt. 6, Camp Hill, Cumberland County, Pennsylvania 17011. The Father of the child is Gregory A. Stevenson, currently residing at 2304 Kent Street, Camp Hill, PA 17011. The parties are currently divorced from each other. Petitioner and Respondent have both remarried. Respondent is currently divorcing again. 4. The relationship of the Petitioner to the child is that of Father. The Petitioner currently resides with his wife, Kathryn E. Stevenson and their two children, Levi and Selah Stevenson. 5. The relationship of the Respondent to the child is that of Mother. The Respondent 2 currently resides with the child. Any other parties residing in Respondent's home are unknown. 6. Petitioner and Respondent had previously participated in a custody proceeding in this Court. A copy of the Custody Order dated October 8, 1993, is attached hereto as Exhibit "A" and is incorporated herein by reference. 7. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because the child had lived primarily with Father during the interim period since the last Order until September 11, 2009 when, with one days notice and no consent, Mother moved the child out of Father's home. Since that time, Father has attempted to secure custodial time with his daughter, have telephone communication and or otherwise have regular and consistent communication with her. This has barely occurred. Mother refuses to communicate with Father. The child's school performance has undertaken a significant decline since leaving his home. Father also is concerned about the extent of supervision for the child. Father requests an award of shared legal custody, primary physical custody and to have immediate counseling commenced between he and his daughter. f e' Dated: December 15, 2009 (717) 774-1445 Supreme Court I.D. No. 32317 4 Barbara Sumple-Sullivan, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, PA 17070-1931 Exhibit A OCT 8 199 DONNA j. STEVENSON, Plaintiff V. GREGORY A. STEVENSON, Defendant ORDER OF COURT AND NOW, this eP - day of 0CAV -4- , 1993, Plaintiff GREGORY A. STEVENSON and Defendant DONNA J. STEVENSON, having stipulated and agreed with regard to custody of their minor child, Meghan A. Stevenson, born October 1, 1992, it is hereby ordered and decreed, as follows: 1. Shared legal custody of said child as contemplated by the Act of November 5, 1981, P.L. 322, 23 P.S. §1001, et seq., will be it hoth of the parties hereto as the natural parents. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1826 CIVIL 1993 CUSTODY 2. The mother shall have shared physical custody of said child as follows with all other physical custody to be in the father: (a) Every Monday from 5:00 P.M. through Tuesday at 7:15 A.M. with the mother being responsible for taking the child to the babysitter each Tuesday morning; (b) Every Wednesday from 5:00 P.M. through Thursday a- 7:15 A.M.; (c) Every Friday from 5:00 P.M. through Saturday at 5:00 P.M.; WAYNF F. SHADE Attorney at I?w S Swth lianaver Street GrGale. Pennsylvania 11013 EXHIBIT Atl•STAM IKTEIIM;WIM (d) Alternate holidays from 9:00 A.M. through 6:00 P.M., said holidays being Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving with the father to have the child on Thanksgiving of 1993; (e) Alternating division of christmas Day with the mother to have the child from 9:00 A.M. on December 24 thrcugh noon on December 25 in odd numbered years and from noon on December 1-5 through 6:00 P.M. on December 25 in ever numbered years; r January/ - e,;en nuke-=_d tea=s - 1 (C) Until _^e ctild anza_s -=znzc-1, t-e _ ,.::c dces not otherwise have cuscedv c-f c:ze -? d ender zhe _e_:as c- this Order shall Nave the child -r::M 4:00 P.M. to 8:00 P.M. on the birthday of the child; and (h) From 9:00 A.M. through 6:00 P.M. on Mother's Day. 3. Notwithstanding the above, the father shall be entitled to custody from 9:00 A.M. to 6:oo P.M. on Father's Day. 4. Each parent may have fourteen (14) days' summer vacation custody to be taken no more than one (T)- week at a time upon (thirty (30) days, notice in writing from one parent to the other. WAME F. Sues -- . F .., -2- 5. The parties may modify the aforesaid periods of physical custody from time to time by mutual agreement. I 6. Transfer of custody shall be the responsibility of the party surrendering custody. By the court, '4/ J. TRUE COPY FROM RECORD =.1 Taw" wheraef, I hm Uft set F" f" -; ft seat of said Cwn a Carfl*. Pa. TMA Prothonotary WAnre F. SHADE A00my it Lv 3 3m* Hmwvw saes 17013 -3- Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DONNA J. STEVENSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - IN CUSTODY GREGORY A. STEVENSON, No. 93-1826 Defendant VERIFICATION I, Gregory A. Stevenson, hereby certify that the facts set forth in the foregoing Petition for Modification of Custody Order are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities DATED: 1 OQ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DONNA J. STEVENSON, Plaintiff V. GREGORY A. STEVENSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN CUSTODY No. 93-1826 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the Petition for Modification of Custody Order, in the above-captioned matter upon the following individual, by Certified Mail-Certificate No. 7008 0150 0002 5289 7484 as follows: Ms. Donna J. Landis 104 November Drive, Apt. 6 Camp Hill, PA 17011 DATE: December 15, 2009 BEsquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Attorney for Petitioner r, „? Tyr 1 t?t'T? rr?? ! J 1 1 t ?Jt?3 ?,i?+r l1 T1St t',?K 4 C) 0 DONNA J. STEVENSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY A. STEVENSON DEFENDANT 1993-1826 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Wednesday, December 23, 2009 , 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, Cumberland County Courthouse, Carlisle on Saturday, January 30, 2010 at 10:30 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/ Hubert X. Gilroy, Es q. 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 Tk ! )TI, APY 2009 D C 28 PH 2: 50 ??W ty b1! l11 ?;... iaaa'fo9 ?-? ? /a -29' 4?? JAN 2 22010 DONNA J. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW r j GREGORY A. STEVENSON, NO. 1993-1826 Defendant IN CUSTODY COURT ORDER AND NOW, this 2 S ` day of January, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of October 8, 1993, shall be modified as follows: 1. The mother, Donna J. Stevenson, and the father, Gregory A. Stevenson, shall enjoy shared legal custody of Meghan A. Stevenson, born October 1, 1992. 2. On a TEMPORARY basis subject to completion of the counseling as set forth below, the current situation of Mother enjoying primary physical custody of the minor child shall continue and Father shall have periods of temporary physical custody as agreed upon by the parties. 3. Both parents enjoy shared legal custody of the minor child Meghan A. Stevenson. Accordingly, all counselors, school officials, health care providers or any other similar individual who has been associated with the minor child shall be able to speak freely with both parents and provide both parents with similar information concerning the minor child. 4. Mother is directed to provide Father in writing with detailed information with respect to all doctors, counselors and similar individuals who have been dealing with the minor child over the past six months. I 5. The minor child shall immediately start counseling with Riegler Sheinvold and Associates. The cost of this counseling after the payment of applicable insurance shall be split equally between both parents. The focus of the counseling is to address whatever issues the counselor deems appropriate subject, however, to an additional focus on efforts to ensure that the minor child starts enjoying a meaningful relationship with her Father. The counselor may share with both parents information concerning the child and also with legal counsel for either parent. BY THE COURT, Kevin A ess, Judge cc: 4arbara Sumple-Sullivan, Esquire -"Ms. Donna J. Stevenson °p r ? DONNA J. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. GREGORY A. STEVENSON, Defendant Prior Judge: The Honorable Kevin A. Hess CIVIL ACTION - LAW NO. 1993-1826 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 child who is the subject of this litigation is as follows: Meghan A. Stevenson, born October 1, 1992 2. A Conciliation Conference was held on January 18, 2010, with the following individuals in attendance: the mother, Donna J. Stevenson, who appeared without counsel, and the father, Gregory A. Stevenson, with his counsel, Barbara Sumple-Sullivan, Esquire. 3. After reviewing the matter with the parties, the Conciliator recommends an Order in the form as attached. Date: January , 2010 Hubert X ilroy, Esquire Custo Conciliator r , DONNA J. STEVENSON, IN THE COURT OF COMMON PLE O Plaintiff CUMBERLAND COUNTY, PENNS V IA . VS. CIVIL ACTION - LAW t • r . GREGORY A. STEVENSON, NO. 1993-1826 Defendant IN CUSTODY COURT ORDER AND NOW, this -- day of February, 2010, upon consideration of the attached Custody Conciliation Report, the following TEMPORARY Order is entered: The mother, Jamie Rose-Clark, and the father, Travis Clark, shall enjoy shared legal custody of Haley Rose Clark, born June 12, 2003. 2. Physical custody shall be handled as follows: A. The parties shall alternate custody on the weekend from Friday after school through Monday morning. This provision is contingent upon father being available on Monday morning and not going to work until he has the minor child delivered to school. B. Father shall also have custody on every Tuesday evening and Thursday evening from after school until 7:30 p.m. However, on the Thursday evening before the weekend when mother has custody, father shall enjoy an overnight with the child contingent upon father being available on Friday morning and able to take the child to school rather than leaving for work. C. Mother shall have custody during the week except at times where father has custody as outlined above. 3. Both parents shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the other parent. 4. Father is directed to be sensitive to any issues the minor child may have relative to separation anxiety from the mother, and mother shall be sensitive to any desires expressed by the minor child to have additional time with the father. 5. The parties shall meet again with the Custody Conciliator on Thursday, April 15, 2010, at 9:30 a.m. for another conciliation conference. At that time and in the event the parties are unable to reach an agreement on a permanent order, this case will case will be scheduled for hearing before the Court and the custody schedule outlined above shall not prejudice either party from advancing a different schedule before the Court. 6. If there are any emergency situations that develop between the date of this order and the second scheduled custody conciliation conference, legal counsel for either party may contact the Custody Conciliator directly to schedule an accelerated conciliation conference which may be a telephone conference between legal counsel and the conciliator. BY THE COURT, Judge cc: lame Rb, Esquire Cara Boyanowski, Esquire co ? ? F s en. 3A LCL c2/N/10 DONNA. J. STEVENSON, Plaintiffs vs. GREGORY' A. STEVENSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1993-1826 CIVIL ACTION - I,AW IN CUSTODY ORDER ~ ~~-~ AMA NOW, this ~~ ~ day of May, 2012, the above case being previously assigned to the Conciliator and there being no activity on this case for a period of six months or more, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, ~sauire Custody Conci~ator