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HomeMy WebLinkAbout02-0506 SAIDIS SHIJFF, FLOWER & LINDSAY ATrORI~IYS.AT,LAW 26 W, High Street Carlisle, PA JAMES EICHELBERGER, Plaintiff VS. SALLY MIXELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. o2. C WL TE.M IN CUSTODY COMPLAINT FOR PARTIAL CUSTODY 1. The Plaintiff is James Eichelberger, residing at 650 North Middleton Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Sally Mixell, residing at 203 A East Springville Road, Boiling Springs, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child, Hunter James Eichelberger, bom October 24, 1998, who resides at 203 A East Springville Road, Boiling Springs, Cumberland County, Pennsylvania. The child was born out of wedlock. The child is presently in the custody of mother who resides at 203 A East Springville Road, Boiling Springs, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: NAME Sally Mixell Sally Mixell ADDRESS 203 A East Springville Road Boiling Springs, PA Carlisle FROM/TO 1999 to present birth to 1999 The mother of the child is Sally Mixell, currently residing at 203 A East Springville Road, Boiling Springs, Cumberland County, Pennsylvania. She is single. The father of the child is James Eichelberger, currently residing at 650 North Middletor Road, Carlisle, Cumberland County, Pennsylvania. He is single. 4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following person(s): Chris Smith (girlfriend) and Jessica Karper (girlfriend's daughter). SAIDIS & LINDSAY AT~OR/~YS*AT*LAW 26 W. High Street Carlisle, PA 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the child. 6. Plaintiff has not Participated as a party or witness, or in any other capacity in other litigation concerning the custody of the child in this or another jurisdiction. 7. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of the Commonwealth. 8. The 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. 9. The best interest of the child will be served by granting the relief requested because: a) b) Plaintiff is a good and loving father. The child's best interest will best be served by an SAIDIS SHUFF, FLOWER & LINDSAY .A'ITOI~*AT*LAW W. High Street Carlisle, PA expanded relationship with his father. 10. 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. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the child to the Plaintiff. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: -~ar¥ Jl Lindsa~ Esquire i(j_D.~/44693 - \ 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY .A'I'rORNI~YS.AT.LAW 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date:_ JAMES EICHELBERGER : PLAINTIFF : : V. : 02-506 SALLY MIXELL DEFENDANT : 1N CUSTODY ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Monday, February 04, 2002 , upon consideration of the attached Complaint, it is hereby directed that paxties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, March 06, 2002 at 8:30 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. 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/ Iacaueline M. Vernev. £sa. ~/V~ 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 heating 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MhY h ? JAMES EICHELBERGER, Plaintiff Ve SALLY MIXELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-506 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of t~a,~t ,2002, upon consideration of the attached Custody Conciliation~t~eport, it is ordered and directed as follows: 1. Mother, Sally Mixell shall have primary physical custody of the child. 2. Father, James Eichelberger, shall have periods of supervised physical custody and periods of partial physical custody as set forth on the following schedule: A. Sunday, May 5, 2002 from 1:00 p.m. to 3:00 p.m. at Mother's house with either Father's mother or sister accompanying him. Mother will be present for the visit. B. Wednesday, May 8, 2002 from 6:00 p.m. to 8:00 p.m. at Mother's house with either Mother's mother or sister present. Mother will be present for the visit. C. Sunday, May 12, 2002 from 1:00 p.m. to 3:00 p.m. at Father's house with either Father's mother or sister present. Mother will be present for the visit. D. Wednesday, May 15, 2002 from 6:00 p.m. to 8:00 p.m. at Father's house with either Mother's mother or sister accompanying her. Mother will be present for the visit. E. Sunday, May 19, 2002 from 1:00 p.m. to 3:00 p.m. at paternal grandmother's house with either Father's mother or sister present. Mother will be present for the visit. F. Wednesday, May 22, 2002 from 6:00 p.m. to 8:00 p.m. at paternal grandmother's house with either Mother's mother or sister present. Mother will be present for the visit. G. Sunday, May 26, 2002 from 1:00 p.m. to 3:00 p.m. and Wednesday, May 29, 2002 from 6:00 p.m. to 8:00 p.m. both at Father's house. Mother will be present for the first hour and return after Father has physical custody of the child for the second hour. H. Saturday, June 1, 2002 from 1:00 p.m. to 5:00 p.m. and Wednesday from 6:00 p.m. to 8:00 p.m. at Father's house. Mother will not be present. PEN?~ISYb~ix~IA I. Sunday, June 9, 2002 from 12:00 noon to 6:00 p.m. and Wednesday, June 12, 2002 from 6:00 p.m. to 8:00 p.m. at Father's house. Mother will not be present. J. Saturday, June 15, 2002 from 8:00 a.m. to 4:00 p.m. and Wednesday, June 19, 2002 from 6:00 p.m. to 8:00 p.m. at Father's house. Mother will not be present. K. Saturday, June 22, 2002 from 8:00 a.m. to 4:00 p.m. and Wednesday, June 26, 2002 from 6:00 p.m. to 8:00 p.m. at Father's house. Mother will not be present. 2. During the periods of custody in June, 2002, the "receiving parent" shall provide transportation. 3. Father shall insure that all guns are locked and out of reach of the child. Father will also insure that his home and the home of paternal grandmother is childproof. 4. Father shall insure that no one smokes in the child's presence. 5. Neither party shall consume alcohol or illegal drugs in the child's presence and shall not be intoxicated or under the influence of illegal drugs while the child is in their presence. 6. 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. Another Conciliation Conference is scheduled for June 26, 2002 at 1:30 p.m. BYTHECOURT, cc: Carol Lindsay, Esquire, Counsel for Father Sally Mixell, pro se 203 A. East Springville Road Boiling Springs, PA 17007 JAMES EICHELBERGER, Plaintiff SALLY MIXELL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-506 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hunter James Eichelberger October 24, 1998 Mother 2. A Conciliation Conference was held in this matter on May 1, 2002, with the following individuals in attendance: The Father, James Eichelberger, with his counsel, Carol Lindsay, Esquire and the Mother, Sally Mixell, pro se. 3. The parties agreed to the entry of an Order in the form as attached. Date Custody Conciliator JUf J ? 2002 JAMES EICHELBERGER, Plaintiff V. SALLY MIXELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-506 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this /~; day of ~ ,2002, upon consideration of the attached Custody Conciliat'~ion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court R9,om No. 7 , of the Cumbe~rland County Court House, on the day of 2002 at o clock, 4~F . M., at which time testimony will~~,~ A~,,_. TT · - · r--vv~v~ ox tnlS rlearlng, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Each party shall file with the Court and opposing party a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 2. The prior Order of Court dated May 8, 2002 is hereby vacated. 3. The Father, James Eichelberger and the Mother, Sally Mixell shall have shared legal custody of Hunter James Eichelberger, born October 24, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. This means that Father shall be given as an emergency contact to any daycare provider or school. 4. Mother shall have primary physical custody of the child. schedule: Father shall have periods of partial physical custody on the following A. Sunday, July 7, 2002 from 9:00 a.m. to 7:00 p.m. B. Beginning Saturday, July 13, 2002 alternating weekends from Saturday at 9:00 a.m. to Sunday at 7:00 p.m. for four (4) alternating weekend periods. Father will be cognizant of the child's possible fear in staying overnight and shall advise Mother if the child is unable to transition without a problem. C. Once four alternating periods of Saturday to Sunday has been accomplished, Father shall have physical custody of the child from Friday at 5:00 p.m. to Sunday at 7:00 p.m. on an alternating weekend schedule. D. Every Wednesday, from after work when Father shall pick up the child from daycare at approximately 3:30 p.m. to 7:30 p.m. Mother shall inform the daycare provider that Father is permitted to pick up the child on Wednesdays. Father shall first introduce himself to the daycare provider before he picks the child up for the first time. E. Five (5) days during the year, provided Father gives Mother 10 days prior notice for each day. A year shall nm from the date of this Order to the one year anniversary date. A day shall mean 24 hours. F. Beginning the summer of 2003, in addition to the five days in paragraph 4E, Father shall be entitled to 7 consecutive days of physical custody every summer, provided he give Mother 30 days prior notice. It is understood that Father's week will not interfere with Mother's prearranged vacation time. 5. Mother shall have physical custody of the child every New Year's Day th and Ju½y 4 from 9:00 a.m. to 6:00 p.m. Father shall have physical custody of the child every Memorial Day and Labor Day from 9:00 a.m. to 6:00 p.m., unless otherwise agreed by the parties. In the event the Monday holiday falls on Father's regularly scheduled weekend, Father's custody shall be extended to include Sunday overnight. 6. Thanksgiving shall be in two Blocks. Block A shall be from the Wednesday, the day before Thanksgiving at 2:00 p.m. to Thanksgiving Day at 2:00 p.m. Block B shall be from Thanksgiving Day at 2:00 p.m. to the day after Thanksgiving Day at 2:00 p.m. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 7. The Christmas Holiday shall be in 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 Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 8. Mother shall always have the child on Easter from 9:00 a.m. to 12:00 noon. 9. Transportation shall be shared such that the parent receiving custody of the child shall drive. 10. Father shall insure that all guns are locked and out of reach of the child. Father will also insure that his home and the home of paternal grandmother is childproof. 11. Father shall insure that no one smokes in the child's presence. 12. Neither party shall consume alcohol or illegal drags in the child's presence and shall not be intoxicated or under the influence of illegal drags while the child is in their presence. 13. 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, 'Kevin~e ~,'~~ cc: Carol Lindsay, Esquire, Counsel for Father // Sally Mixell, pro se 203 A. East Springville Road ~ ~ Boiling Springs, PA 17007 7- 03- o.iL JAMES EICHELBERGER, Plaintiff SALLY MIXELL, Defendant PRIOR JUDGE: Kevin A. Hess jU ~2~/~ ZOOZ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-506 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORI' 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 Hunter James Eichelberger DATE OF BIRTH October 24, 1998 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on June 26, 2002, with the following individuals in attendance: The Father, James Eichelberger, with his counsel, Carol Lindsay, Esquire and the Mother, Sally Mixell, pro se. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess da May 8, 2002, · · . granting Mother primary physical custody with Father having periods ofted phased in supervised custody. 4. The parties agreed to the entry of an Order in the form as attached, except to the issue of whether Father could take the child hunting. 5. Father's position on custody is as follows: he believes he should be permitted to take the child with him when he goes hunting, believing it is no more dangerous than other activities. 6. Mother's position on custody is as follows: Mother believes the child is too young to accompany his Father hunting. She believes that the child should only go hunting at the age of twelve. 7. The Conciliator recommends an Order in the form as attached scheduling a hearing and granting the parents shared legal custody with Mother having primary physical custody and Father having alternating weekends and every Wednesday evening. It is expected that the hearing will require one-half hour. ~ -~ 7-o~_ Date Custody Conciliator JAMES EICHELBERGER, Plaintiff VS. SALLY MIXELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-0506 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this ~-$s day of September, 2002, after heating, it is directed that the child, Hunter James Eichelberger, bom October 24, 1998, may accompany his father while the father is hunting, fi~om and after his seventh (7t~) birthday. BY THE COURT, Carol Lindsay, Esquire For the Plaintiff /~A. Hess, J. Sally Mixell, Pro Se 203A East Springville Road Boiling Springs, PA 17007 :rim