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Home My WebLink About09-8768Karen W. Miller, Esquire Attorney I.D. No. 200037 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Plaintiff Nikolaos C. Seitz NIKOLAOS C. SEITZ, Plaintiff VS. BROOKE E. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Civil Term CIVIL ACTION - LAW COMPLAINT IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Nikolaos C. Seitz, by and through his attorney, Karen W. Miller, Esquire, Caldwell & Kearns, and respectfully presents the following Custody Complaint with regard to the minor children identified in the following paragraphs, and files this Complaint; and in support thereof avers as follows: 1. The Plaintiff is Nikolaos C. Seitz, an adult individual, who resides at 5950 Huntington Commons, Enola, County of Cumberland, Commonwealth of Pennsylvania 17025. 2. The Defendant is Brooke E. Johnson, an adult individual, who resides at 309 11?h Street, Apt. 3, New Cumberland, County of Cumberland, Commonwealth of Pennsylvania 17070. 3. Plaintiff and Defendant are the natural parents of the minor child whose name is set forth in the immediately following paragraph. 4. Plaintiff seeks shared legal custody and primary physical custody of the following child: Name Rosalynn N. Seitz (female) Address 309 11th Street, Apt. 3 New Cumberland, PA 17070 Date of Birth/Age Dec. 11, 2006/3 years old 5. The child was born out of wedlock. 6. The child is presently in the custody of both parents, Plaintiff, Nikolaos C. Seitz, and Defendant, Brooke E. Johnson. 7. During the past five (5) years, the child has resided with the following persons at the following addresses: Name Address Date Nikolaos C. Seitz & 228 S. High Street Birth-07/07 Brooke E. Johnson Mechanicsburg, PA 17055 Nikolaos C. Seitz & 10 Poplar Street 07/07-01/13/08 Brooke E. Johnson Wormleysburg, PA 17043 Nikolaos C. Seitz & 5950 Huntington Commons 01/13/08-11/28/09 Brooke E. Johnson Enola, PA 17025 Nikolaos C. Seitz & 5950 Huntington Commons 11/28/09-Present Enola, PA 17025 and Brooke E. Johnson 309 11th Street, Apt. 3 New Cumberland, PA 17070 8. The father of the child is Nikolaos C. Seitz, currently residing at 5950 Huntington Commons, Enola, County of Cumberland, Commonwealth of Pennsylvania 17025. 9. The father of the child is not married to the mother. 2 10. The mother of the child is Brooke E. Johnson, currently residing at 309 11'h Street, Apt. 3, New Cumberland, County of Cumberland, Commonwealth of Pennsylvania 17070. 11. The mother of the child is not married to the father. 12. The Plaintiff avers that it is in the best interest and welfare of the minor child that he be granted shared legal custody and primary physical custody of the minor child. 13. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the minor child in this or another court. 14. Plaintiff has no information of a custody proceeding concerning the minor child pending in a Court of this Commonwealth or any other state; or, indeed, for that matter, in any other country upon the face of this earth. 15. Plaintiff 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. 16. The best interests and permanent welfare of the minor child will be served by granting the relief requested herein, because: father has and shall continue to provide a safe, stable, healthy and consistent residence for the child. 17. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child has been named as parties to this action. 3 WHEREFORE, the Plaintiff, Nikolaos C. Seitz, requests that Your Honorable Court grant to him shared legal custody and primary physical custody of the minor child, to wit: Rosalynn N. Seitz. Respectfully submitted, CA D?AW,E. LL(?&? }KE S Dated: mt b , 2009 By: V`im'" w LU& Karen W. Miller Attorney I.D. #200037 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, Nikolaos C. Seitz 09479-001/156894 4 VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 2t,Ow))ppr 14 , 2009 C. Seitz LE 4' ) ls9 C,7 C 2 ! P?i 1 2*- 2'9 4 I1q . co p a ATN Co 55b 4 t4 W* a35305 NIKOLAOS C. SEITZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. BROOKE E. JOHNSON DEFENDANT 2009-8768 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 30, 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, January, 26, 2010 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/ ac ueline M. Verne Es 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 PILED '-Jr-i 2 0 0 9 DEL * 0 Pt1 3' 4 c MAR 0 2 2010 ~~ NIKOLAOS C. SEITZ, Plaintiff V. BROOKE E. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION.- L W ORDER OF COURT `cz = s- v~ m AND NOW, this ~ day of ~G~~'C G' , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated January 28, 2010 shall remain in full force and effect with the following modifications and additions. 2. Paragraph 2 is deleted in its entirety and replaced with the following: Father shall have the following periods of partial physical custody: A. Every weekend from Friday at 12:30 p.m. or after work, if Father is working that day, until Sunday at 6:30 p.m. B. Two days during the week that Mother works, one of those days, at Mother's discretion, from 6:30 p.m. the night before Mother's workday unti15:30 p.m. the day that Mother works. The other day that Mother works during the week from 8:30 a.m. to 5:30 p.m. C. Such other times as the parties agree. 3. Each party shall have two non-consecutive weeks of physical custody during the summer, provided they give the other party 30 days prior notice. 4. Holidays: A. Mother's Day/Father's Day. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 6:30 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 6:30 p.m. B. Christmas shall be divided into two blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have physical custody of the child for Block A in even numbered years and Block B in odd numbered years. Father shall have physical custody of the child for Block A in odd numbered years and Block B in even numbered years. C. Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving shall be alternated by the parties with Mother having Easter in 2010. These holiday N0.2009-8768 IN CUSTODY e d atr _.~ periods shall be defined as beginning on the evening before the holiday at 6:30 p.m. and run unti16:30 p.m. the evening of the holiday. 5. Transportation shall be shared such that the receiving party shall transport. 6. All other provisions of the Order of Court dated January 28, 2010 shall remain in full force and effect. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, v J. cc•: K n W. Miller, Esquire, Counsel for Father Diane M. Dils, Esquire, Counsel for Mother ~o~~~s ~.~~ LAC., I 3` ~~~v NIKOLAOS C. SEITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-8768 CIVIL ACTION -LAW BROOKE E. JOHNSON, Defendant : IN CUSTODY PRIOR JUDGE: Albert H. Masland, 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 Roslynn N. Seitz December 11, 2006 Mother 2. A Conciliation Conference was held in this matter on March 1, 2010, with the following in attendance: The Father, Nikolaos C. Seitz, with his counsel, Karen W. Miller, Esquire, and the Mother, Brooke E. Johnson, with her counsel, Diane M. Dils, Esquire. 3. The Honorable Albert H. Masland previously entered an Order of Court dated January 28, 2010 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody every weekend, Friday to Sunday and every Monday for four hours. 4. The parties agreed to an Order in the form as attached. Date: 3 - f ' ~ o ~1 V cq ine M. Verney, Esquire Custody Conciliator