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HomeMy WebLinkAbout10-2973y / i - 3 Qum Margaret M. Simok, Esquire SCARINGI & SCARINGI. P.C. 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 717-657-7770 Attorney for Plaintiff DOUGLAS F. MOIR, AN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 16- ag73 CIVIL TERM KRISTEN MOIR, :CIVIL ACTION - CUSTODY Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Douglas F. Moir, residing at 219 Cherokee Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Kristen Moir, residing at 219 Cherokee Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff seeks custody of Garrett Dyson Moir ( date of birth June 19, 1997) and Craig Douglas Moir (date of birth September 21, 1999). The children were born in wedlock. The minor children are presently in the custody of Plaintiff and Defendant at 219 Cherokee Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. I 4I1q.00 PO AT`t Y CO '7a,1(o P-*aLtlsg During the past five years both children have resided at 219 Cherokee Drive, Mechanicsburg, Pennsylvania, with Plaintiff and Defendant. The mother of the children is Kristen Moir, currently residing at 219 Cherokee Drive, Mechanicsburg, Pennsylvania. She is married. The father of the children is Douglas F. Moir, currently residing at 219 Cherokee Drive, Mechanicsburg, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is that of father. Plaintiff resides with the children and Defendant. 5. The relationship of Defendant to the children is that of mother. Defendant resides with Plaintiff and the children. 6. Plaintiff has not participated as a party in other litigation concerning the custody of the children in this Court. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because the children have a loving relationship with both parents. 8. Each parent whose parental rights to the children have not been terminated and the persons having physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Honorable Court grant the parties shared legal custody with partial physical custody for Plaintiff during the school year and shared physical custody to Plaintiff during the summer recess from school. Date: S-3-10 _ Respectfully submitted: l , YA/VWLlAY? / / ? Q? 11Tl/V MargareW. Simok, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 Supreme Court I.D. No. 89633 717-657-7770 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.§4904 relating to unsworn falsification to authorities. Date: 9-3-10 ?, C", Douglas . Moir, PLAINTIFF ~ V ~~ DOUGLAS F. MOIR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v No. 10-2973 CIVIL ACTION LAW KRISTEN MOIR, IN CUSTODY Defendant ORDER OF COURT AND NOW this ~~~ day of July 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Douglas Moir, and the Mother, Kristen Moir, shall have shared legal custody of Garrett Dyson Moir, born 06/19/1997 and Craig Douglas Moir, born 09/21/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother and Father shall share physical custody of the Children on a repeating two week schedule (2/2/3) as follows: a. In week one, commencing 07/26/2010, Father shall have physical custody of Children from Monday evening until Wednesday morning, Mother shall have custody Wednesday evening until Friday morning and Father shall have from Friday evening until Monday morning. b. In week two, Mother shall have physical custody of Children from Monday evening until Wednesday morning, Father shall have custody Wednesday evening until Friday morning and Mother shall have from Friday evening until Monday morning. c. During the summer when school is not in session, the exchanges shall occur at 6:30 am and 5:00 pm respectively with the custodial parent delivering to the non-custodial parent. When school is in session, the exchange location shall occur at school for drop off and pick up. 3. Right of first refusal: In the event that the custodial parent should require acare- taker/babysitter (excluding regular day care during the summertime) for the Children a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non- custodial parent. 4. Neither parent shall leave the Children unattended by adult supervision for a period of time in excess of three (3) hours. 5. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling with the focus on co-parenting with an agreed upon professional. Furthermore, the parents are encouraged to engage in individual counseling for themselves and/or the Children as necessary. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. Neither parent shall involve or attempt to influence the Children in regard to the instant custody litigation. 7. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 8. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 9. Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 10. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 12. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 13. This Order is entered pursuant to 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, J. Distribution: ./S~ uel Andes, Esq., 525 North 12~` Street, PO Box 168, Lemoyne, PA 17043 /~argaret Simok, Esq., 2000 Linglestown Road, Ste 106, Harrisburg, PA 17110 / John J. Mangan, Esquire eo ~ ~ .-~.~~~~ TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Day 1 ~` Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Ind endence Day 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 Father Mother treating to one hour after trick or treatin Thanksgiving 1St From 5 pm Wednesday before Father Mother Half Thanksgiving Day to 5 pm on Thanks ivin Da Thanksgiving 2° From 5 pm Thanksgiving Day to 5 Mother Father half m Frida after Thanks 'vin Da Christmas 1St Half From noon on 12/23 to noon on Father Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Mother Father 12/27 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father DOUGLAS F. MOIR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~• No. 10-2973 CIVIL ACTION LAW KRISTEN MOIR, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Garrett Dyson Moir 06/19/1997 Father and Mother Craig Douglas Moir 09/21/1999 Father and Mother 2. A Conciliation Conference was held with regard to this matter on July 23, 2010 with the following individuals in attendance: The Mother, Kristen Moir, with her counsel, Samuel Andes, Esq. The Father, Douglas Moir, with his counsel, Margaret Simok, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ~ - Date Jo J. gan, Esquire stod onciliator ",' ., ~, ;, -; ;: C ~-- ''~' ~,,,, ~. _ , ~ F r-- ,,., ,__ ~ Ste. ~ " ... ~ t3 a =S3 ~ --, , : , cP :. V~; ~ :;> a ~~,