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HomeMy WebLinkAbout04-5047PAMELA GUEST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. tJ y- 5o v 7 L'c ?-- ANDREW G. GUEST, CIVIL ACTION - LAW Defendant CUSTODY COMPLAINT FOR CUSTODY AND NOW, this"' bay of October, 2004, comes Plaintiff, Pamela Guest by and through her attorney, Joanne Harrison Clough, and respectfully avers as follows: 1. Plaintiff is Pamela Guest, residing at 27 Pine Tree Drive, Mechanicsburg, Cumberland County, PA, 17055. 2. Defendant is Andrew G. Guest, residing at 27 Pine Tree Drive, Mechanicsburg, Cumberland County, PA, 17055. 3. Plaintiff seeks shared physical and shared legal custody of the following children: Name Present Address Date-of-Birth Jessica Guest 27 Pine Tree Drive 09-24-93 Mechanicsburg, PA 17055 James Guest 27 Pine Tree Drive 03-25-95 Mechanicsburg, PA 17055 4. The children were born in wedlock. The children are presently in the custody of both Plaintiff and Defendant, residing at 27 Pine Tree Drive, Mechanicsburg, Cumberland County, PA 17055. 5. During the past five (5) years, the children have resided with the following persons at the following address: Name Address Dates Pamela Guest 27 Pine Tree Drive, Mechanicsburg, 12100 through Andrew G. Guest PA 17055 present Pamela. Guest 813 Market Street, Mechanicsburg, approx. 1996 Andrew G. Guest PA 17055 to 2000 6. The Plaintiff, Pamela Guest is the natural mother of the children and is currently residing at 27 Pine Tree Drive, Mechanicsburg, Pa 17055. She is married. 7. The Defendant Andrew G. Guest is the natural father of the children is currently residing at 27 Pine Tree Drive, Mechanicsburg, PA 17055. He is married. 8. The relationship of Plaintiff to the children is that of natural mother. Plaintiff currently resides with the following persons: Name Relationship Andrew G. Guest husband Jessica Guest daughter James Guest son 9. The relationship of Defendant to the children is that of natural father. Defendant currently resides with the following persons: Name Relationship Pamela Guest wife Jessica Guest daughter James Guest son 10. Plaintiff has not participated as a parry or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. Plaintiff does not know of any other person not a party to the proceedings whom has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Defendant Father and Plaintiff Mother are both disabled; and b. Defendant Father is suffering from A.L.S. and the parties residence was recently remodeled to accommodate his physical limitations; and c. Plaintiff Mother suffers from epilepsy and depression; and d. Defendant and Plaintiff's relationship has seriously deteriorated such that it is extremely difficult for them to continue to reside in the same residence; and e. Plaintiff loves the children and desires to continue to care and provide for them and desires to continue to assure the children have regular access to their father while protecting and preventing them from ever having to be the physical care taker for their father. f Defendant father and his family have focused their attention and made a conserted effort to force Plaintiff to vacate the residence and constantly attempt to alienate the children from their mother and continue to put the nine year old son and eleven year old daughter in the difficult role of serving as physical care taker for Defendant to the detriment of the children and in direct violation of the instructions of the children's therapist who has requested that the children be shielded from any physical care taking responsibilities. g. Plaintiff believes it is in the best interest of the children that the parties live in separate residences and that she and Defendant father have shared physical and legal custody of the minor children as long as father is physically able, and to assure that an adult caregiver is always present at any residence where father resides during any periods of his physical custody with the children so the children are never required to provide physical caretaking for their father. h. Plaintiff believes it is in the best interest and permanent welfare of the children that the children's relationship with each parent be maintained, preserved, and enhanced given the difficult circumstances the children and parties are facing. 14. 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. 15. If the parries agree to equally share physical and legal custody of the children, Plaintiff would be willing to relocate from the residence for as long as Defendant father is able to continue to reside there provided an adult caregiver is always present during his periods of physical custody with the children. WHEREFORE, Plaintiff requests the Court to grant the parties shared legal and shared physical custody of the children and grant any other relief this Court deems appropriate Respectfully submitted, Joanne Harrison Clough, Date: Joanne Harrison Clou Attorney ID No.: 364 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff VERIFICATION I, Pamela Guest, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unworn verification to authorities. DATE: U 5 - e-.-) c? / r<? -A 9 1 Lc?? Pamela Guest 70 75, t: PAMELA GUEST IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ANDREW G. GUEST DEFENDANT 04-5047 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 14, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, October 14, 2004 at 1:00 PM 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, ahd to enter into a temporary order. All children age five or older may also be present at the conference. 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/ Melissa P. Greevy.. Esq, mhc 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 yev al i 1 •? f 0 1 _' p hr Ill, U OCT 1 9 2004 PAMELA GUEST, V. Plaintiff ANDREW G. GUEST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5047 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 22 , I day of October, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parents, Pamela Guest and Andrew G. Guest, shall have shared legal custody of the minor children, Jessica Guest, born September 24, 1993, and James Guest, born March 25, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. Effective upon the happening of Mother's relocation to her apartment in Mechanicsburg, the parties shall begin a two (2) week alternating custodial schedule as outlined below: Week One - Mother will have custody on Monday, Tuesday, Friday, Saturday and Sunday. Father will have custody on Wednesday and Thursday. Week Two - Father will have custody on Monday, Tuesday, Friday, Saturday and Sunday. Mother will have custody on Wednesday and Thursday. 3. The parties' children will not be involved in the personal care of the parents. It one of the parent's adult caregivers is not available, the other parent shall be contacted and have first right of refusal for custodial time with the children. I, -i t NO. 04-5047 CIVIL TERM 4. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 5. The parties will share custody of the children for holidays by their mutual agreement. 6. The children's therapist, Marcia Gelman, shall make the necessary referral call to arrange for a CASA volunteer to work with this family. The parties have consented to this referral in the presence of their counsel and Custody Conciliator. 7. If, within sixty (60) days of the date of Mother's relocation, either party deems that it would be helpful to reconvene the Custody Conciliation Conference, counsel for either party may make such request by a fax to the office of the Conciliator. BY THE COURT: 0, J. Dist: ?J0?nne Harrison Clough, Esquire, 24 N. 32ntl Street, Camp Hill, PA 17011 ark T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 is o? OCT 1 9 [Lo?? PAMELA GUEST, V. Plaintiff ANDREW G. GUEST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5047 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Jessica Guest September 24, 1993 Mother and Father James Guest March 25, 1995 Mother and Father 2. Mother filed a Complaint for Custody on October 6, 2004. Attending the Conference were: the Mother, Pamela Guest, and her counsel, Joanne Harrison Clough, esquire; the Father, Andrew G. Guest, and his counsel, Mark T. Silliker, Esquire. 3. parenting of diligence was With counsel, the parties worked diligently to an agreement regarding the their children following the upcoming separation. The parties' patience and /rema kable in light of the very difficult life irc? tances facing these parents. l issa Peel Greevy, Esquire Custody Conciliator :237558 PAMELA GUEST, V. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5047 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ANDREW G. GUEST, Defendant MOTION FOR ENTRY OF ORDER AND NOW comes the Defendant, by and through his attorney, Mark T. Silliker, Esquire, and hereby avers the following: 1. Andrew G. Guest is an adult individual currently residing at 27 Pine Tree Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Pamela J. Guest is an adult individual currently residing at 200 Slover Road, First Floor, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Mark A. Casper and April L. Casper, husband and wife, are adult individuals currently residing at 2213 Boxwood Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. The subject minor children are Jessica N. Guest, born September 24, 1994, and James T. Guest, born March 25, 1995. 5. The parties have reached agreement regarding the best interests of the subject minor child. In furtherance thereto, they have executed the attached Stipulation for Custody. WHEREFORE, the Defendant, Andrew G. Guest, would respectfully request that this Honorable Court enter an Order incorporating the terms of the parties' Stipulation for Custody. Date: Q? Respectfully Submitted, THE LAW OFFICES OF SILLIKER & REINHOLD Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Andrew G. Guest JUN-^d-2CWI IIEC) 11:58 SILLIKER & REINHOLD (IFPX)717 671 8968 P.003/006 PAMELA GUEST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5047 CIVIL TERM ANDREW G. GUEST, : CIVIL ACTION -LAW Defendant : IN CUSTODY STIPULATION FOR CUSTODY AND NOW, this 19 day of , 2008, the parties hercin, Andrew G. Guest, Pamela J. Guest, Mark A. Casper, and April L. Casper, hereby voluntarily and otherwise agree to the following: 1. Andrew G. Guest is an adult individual currently residing at 27 Pine Tree Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Pamela J. Guest is an adult individual currently residing at 200 Slover Road, First Floor, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Mark A. Casper and April L. Casper, husband and wife, are adult individuals currently residing at 2213 Boxwood Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. The subject minor children are Jessica N. Guest, born. September 24, 1994, and James T. Guest, bom March 25, 1995. JCN-C4-MVWEC) 11;58 SILLIKER & REINHOLD (FAX)717 671 8968 P.OOd/006 5. It is agreed between Andrew G. Guest, Pamela J. Guest, Mark A. Casper and April L. Casper that they shall have shared legal custody of the subject minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to the children's health, welfare, education, religious training, and upbringing shall be made by diem jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S.A. 5309. Any party taking the children for medical care shall provide said information to the other parties in time sufficient for the other party to attend the appointment if so desired. In the instance of a sick child or other immediate need for medical appointment, notice of said medical care shall be provided to all other parties as promptly as possible under the circumstances. 6. It is agreed between the parties that Andrew G. Guest and Pamela J. Guest shall have shared physical custody of the subject minor children. Pamela J. Guest shall exercise her periods of physical custody at the times as agreed by the parties. In the event the parties are JUN-04-2078(WED) 11:59 SILLIXER & REINHOLD (FAX)717 671 8968 P.005/006 not able to reach an agreement, they shall follow the custody schedule as set forth in the previous Order of Court. 7. It is agreed between the parties that in the event of the death of Andrew G. Guest, Pamela J. Guest shall have primary physical custody of the subject minor children. 8. It is further agreed between Andrew G. Guest and Pamela J. Guest that Mark A. Casper and April L. Caster shall be entitled to limited, but otherwise regular periods of partial custody of the subject minor children. It is envisioned that this shall consist of a minimum of one to three visits per month with a minimum of one to three hours per visit. The purpose of this is to allow the children to continue the benefits of their relationship with Mr. and Mrs. Casper. 9. It is agreed between the parties that Andrew G. Guest and/or Pamela J. Guest may grant additional periods of partial custody unto 1 &. and Mrs. Casper. 10. It is agreed between the parties that in the event Pamela J. Guest is unable to properly care for the subject minor children, or otherwise requires some assistance with their care, then she shaU utilize Mr. and Mrs. Casper as a resource to assist with the children, and in furtherance thereto, she shall place the children in their care and custody, for whatever period of time is necessary to ensure the best interests of the subject minor children. 11. All parties agree to notify the other parties immediately if there is any change in the health status that would affect his or her ability to provide for the daily care of the minor children. JUN-06-2008(WEO) '1:59 SILLIKER & REINHOLD (FRX)717 671 8968 P.006/006 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. fitness Witness 011 Witness Andrew G. Guest Pamela J. Cues Mark A. Casper CA04 A ? , 4 - CA n Y? n Ap I er µ.? , .., :... . 7 } 1 W .2 - 1 f -TI 0 JUN 24 w PAMELA GUEST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ANDREW G. GUEST, Defendant NO. 04-5047 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this Z y? day of 2008, upon consideration of the aforegoing Stipulation for Custody, IT IS HEREBY ORDERED AND DECREED as follows: 1. It is agreed between Andrew G. Guest, Pamela J. Guest, Mark A. Casper and April L. Casper that they shall have shared legal custody of the subject minor children, Jessica N. Guest, born September 24, 1994, and James T. Guest, born March 25, 1995. The parties agree that major decisions concerning the children, including, but not necessarily limited to the children's health, welfare, education, religious training, and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S.A. 5309. Any party taking the children for medical care shall provide said information to the other parties in time sufficient for the other party to attend the appointment if so desired. In the instance of a sick child or other immediate need for medical appointment, notice of said medical care shall be provided to all other parties as promptly as possible under the circumstances. 2. It is agreed between the parties that Andrew G. Guest and Pamela J. Guest shall have shared physical custody of the subject minor children. Pamela J. Guest shall exercise her periods of physical custody at the times as agreed by the parties. In the event the parties are not able to reach an agreement, they shall follow the custody schedule as set forth in the previous Order of Court. 3. It is agreed between the parties that in the event of the death of Andrew G. Guest, Pamela J. Guest shall have primary physical custody of the subject minor children. 4. It is further agreed between Andrew G. Guest and Pamela J. Guest that Mark A. Casper and April L. Caster shall be entitled to limited, but otherwise regular periods of partial custody of the subject minor children. It is envisioned that this shall consist of a minimum of one to three visits per month with a minimum of one to three hours per visit. The purpose of this is to allow the children to continue the benefits of their relationship with Mr. and Mrs. Casper. 5. It is agreed between the parties that Andrew G. Guest and/or Pamela J. Guest may grant additional periods of partial custody unto Mr. and Mrs. Casper. 6. It is agreed between the parties that in the event Pamela J. Guest is unable to properly care for the subject minor children, or otherwise requires some assistance with their care, then she shall utilize Mr. and Mrs. Casper as a resource to assist with the children, and in furtherance thereto, she shall place the children in their care and custody, for whatever period of time is necessary to ensure the best interests of the subject minor children. 7. All parties agree to notify the other parties immediately if there is any change in the health status that would affect his or her ability to provide for the daily care of the minor children. BY THE COURT: Distribution: ark T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 ? Joanne H. Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011 imothy Colgan, Esquire, 30 West Church Street, Suite 100, Dillsburg, PA 17019 OOP J'ez rri`a t LCCL ,r? :01 '14V 9Z f1P OOJZ