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HomeMy WebLinkAbout04-6229GENA C. ROTH, Plaintiff SONDRA L. GREEN and THOMAS D. GREEN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of ,2004, based upon the attached Stipulation for Child Custody, IT IS HEREBY ORDERED AND DECREED as follows: 1. It is agreed between the parties that they shall have shared legal custody of the subject minor children, Thomas J. Green, bom November 29, 1995 and Michael A. Green, born November 20, 1997. 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 parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent 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. 2. It is agreed between the parties that Sondra L. Green and Thomas D. Green shall temporarily have primary physical custody of the subject minor children and that the children shall continue to reside with them at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania. 3. It is understood that this Order is temporary in nature, and the parties shall re-examine this custodial situation on a periodic basis, based on Plaintiff's ability to secure adequate housing. 4. It is the parties' combined desire that the children shall continue to attend their current elementary school. For this reason, the Defendants' residence shall be deemed the primary residence of the children for the purposes of school, as that is where the children have been and shall continue to reside. 5. Each of the parties herein is specifically empowered to communicate and otherwise interact with school personnel, including administrators, teachers, and guidance counselors, as well as the school nurse regarding the children's attendance at school. BY THE COURT: GENA C. ROTH, Plaintiff SONDRA L. GREEN and THOMAS D. GREEN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY/ MOTION FOR ENTRY OF CUSTODY ORDER AND NOW come the parties, Plaintiff Gena C. Roth and Defendants Sondra L. Green and Thomas D. Green, and respectfully request this Honorable Court grant the following relief: 1. The Plaintiff Gena C. Roth is an adult individual currently residing at 206 Capital Hill Road, Dillsburg, York County, Pennsylvania. 2. The Defendants Sondra L. Green and Thomas D. Green are adult individuals currently residing at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The subject minor children are Thomas J. Green, bom November 29, 1995 and Michael A. Green, bom November 20, 1997. 4. The Plaintiff is the natural mother of the subject minor children. children. 5. The Defendants are the paternal grandparents of the subject minor 6. The natural father of the subject minor children, Thomas A. Green, has been incarcerated at the State Correctional Institute at Dallas, Pennsylvania, for a period in excess of six years. Furthermore, based on the fact that he is serving a sentence for homicide, it is believed that he will be incarcerated for an additional period of approximately 20 years. 7. During the past five years, the children have resided at 20 A West Springville Road, Boiling Springs, Cumberland County, Pennsylvania, in the care and custody of their mother, Plaintiff Gene C. Roth, as well as at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania in the care and custody of their paternal grandparents, Defendants Sondra L. Green and Thomas D. Green. 8. The subject minor children currently reside at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania. 9. The parties do not know of any other individual not named herein who have any right, title, claim or interest in or to custody of the subject minor children. 10. The parties have amicably reached agreement regarding this matter as set forth in the attached Stipulation for Child Custody. 11. Based on the attached Stipulation for Child Custody, it is the desire of the parties that they shall have shared legal custody of the subject minor children and that the Defendants, Sondra L. Green and Thomas D. Green, shall temporarily have primary physical custody of the subject minor children, such that they shall continue to reside with them at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania. It is further understood that Gena C. Roth shall be entitled to reasonable, liberal, and frequent periods of partial custody, the exact details to be agreed upon between the parties. WHEREFORE, Gena C. Roth, Sondra L. Green, and Thomas D. Green respectfully request this Honorable Court grant the requested relief, and incorporate the terms and conditions of the attached Stipulation for Child Custody into an Order of this Honorable Court. Date: Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Sondra L. Green and Thomas D. Green GENA C. ROTH, Plaintiff Vo SONDRA L. GREEN and THOMAS D. GREEN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CHILD CUSTODY AND NOW, this '~ 3~' day of C~_D 0 0'3 ~'Jd ,2004, the undersigned, Sondra L. Green, Thomas D. Green, and Gena C. Roth, the parties herein, hereby agree to the following custodial agreement: 1. Plaintiff, Gena C. Roth, is an adult individual formerly residing at 20 A West Springville Road, Boiling Springs, Cumberland County, Pennsylvania 17007. She is presently residing at 206 Capital Hill Road, Dillsburg, York County, Pennsylvania. 2. Defendants, Sondra L. Green and Thomas D. Green, are adult individuals currently residing at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The subject minor children are Thomas J. Green, bom November 29, 1995, and Michael A. Green, born November 20, 1997. 4. The Plaintiff is the natural mother of the subject minor children. children. Defendants are the paternal grandparents of the subject minor 6. It should be noted that the natural father of the subject minor children, Thomas A. Green, is currently incarcerated at the State Correctional Institute at Dallas, Pennsylvania, and has been for a period in excess of six years. Furthermore, it is believed that he will be incarcerated for an additional period of approximately 20 years. 7. It is agreed between the parties 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 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 parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent 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. 8. It is agreed between the parties that Sondra L. Green and Thomas D. Green shall temporarily have primary physical custody of the subject minor children and that they shall continue to reside with them at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania. 9. It is further agreed between the parties that this matter shall be re- examined periodically, and that it is only to be temporary, until Plaintiff is able to secure adequate housing. 10. The parties further acknowledge that it is their combined desire that the children continue to attending their current elementary school. The Defendants' residence shall be deemed the primary residence of the children for the purposes of school, as that is where they will be residing. 11. Each of the parties is specifically empowered to communicate and otherwise interact with school personnel, including administrators, teachers, and guidance counselors, as well as the school nurse regarding the children's attendance at school. IN WITNESS WHEREOF, the respective parties, intending to be legally bound, do hereby place their signatures and seals on the day and year first written above. Gena L. Roth Sondra L. Green Thomas D. Green GENA C. ROTH, Plaintiff Vo SONDRA L. GREEN and THOMAS D. GREEN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT Subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, I, Mark T. Silliker, Esquire, declare that I am the attorney for Defendants; that I am authorized to make this verification on their behalf; that the facts set forth in the aforegoing Complaint for Custody/Motion for Entry of Custody Order are based upon information supplied to me by my clients and upon my own knowledge which I believe to be true and correct, and time is of the essence. Date: / 2-{//'~/0 ~ Mark~~ GENA C. ROTH, Plaintiff SONDRA L. GREEN and THOMAS D. GREEN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this [7 [~ day of ~) t' c. ,2004, based upon the attached Stipulation for Child Custody, IT IS HEREBY ORDERED AND DECREED as follows: 1. It is agreed between the parties that they shall have shared legal custody of the subject minor children, Thomas J. Green, born November 29, 1995 and Michael A. Green, bom November 20, 1997. 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 otlher 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 parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent 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. 2. It is agreed between the parties that Sondra L. Green and Thomas D. Green shall temporarily have primary physical custody of the subject minor children and that the children shall continue to reside with them at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania. 3. It is understood that this Order is temporary in nature, and the parties shall re-examine this custodial situation on a periodic basis, based on Plaintiff's ability to secure adequate housing. 4. It is the parties' combined desire that the children shall continue to attend their current elementary school. For this reason, the Defendants' residence shall be deemed the primary residence of the children for the purposes of school, as that is where the children have been and shall continue to reside. 5. Each of the parties herein is specifically erapowered to communicate and otherwise interact with school personnel, including administrators, teachers, and guidance counselors, as well as the school nurse regarding the children's attendance at school. BY THE COURT: Jo GENA C. ROTH, Plaintiff Vo SONDRA L. GREEN and THOMAS D. GREEN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY/ MOTION FOR ENTRY OF CUSTODY ORDER AND NOW come the parties, Plaintiff Gena C. Roth and Defendants Sondra L. Green and Thomas D. Green, and respectfully request this Honorable Court grant the following relief: 1. The Plaintiff Gena C. Roth is an adult individual currently residing at 206 Capital Hill Road, Dillsburg, York County, Pennsylvania. 2. The Defendants Sondra L. Green and Thomas D. Green are adult individuals currently residing at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The subject minor children are Thomas J. Green, bom November 29, 1995 and Michael A. Green, bom November 20, 1997. 4. The Plaintiff is the natural mother of the subject minor children. children. 5. The Defendants are the paternal grandparents of the subject minor 6. The natural father of the subject minor children, Thomas A. Green, has been incarcerated at the State Correctional Institute at Dallas, Pennsylvania, for a period in excess of six years. Furthermore, based on the fact that he is serving a sentence for homicide, it is believed that he will be incarcerated for an additional period of approximately 20 years. 7. During the past five years, the children haYe resided at 20 A West Springville Road, Boiling Springs, Cumberland County, Pennsylvania, in the care and custody of their mother, Plaintiff Gene C. Roth, as well as at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania in the care and custody of their paternal grandparents, Defendants Sondra L. Green and Thomas D. Green. 8. The subject minor children currently reside at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania. 9. The parties do not know of any other individual not named herein who have any right, title, claim or interest in or to custody of the ..subject minor children. 10. The parties have amicably reached agreement regarding this matter as set forth in the attached Stipulation for Child Custody. 11. Based on the attached Stipulation for Child Custody, it is the desire of the parties that they shall have shared legal custody of the sUbject minor children and that the Defendants, Sondra L. Green and Thomas D. Green, shall temporarily have primary physical custody of the subject minor children, such that they shall continue to reside with them at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania. It is further understood that Gena C. Roth shall be entitled to reasonable, liberal, and frequent periods of partial custody, the exact details to be agreed upon between the parties. WHEREFORE, Gena C. Roth, Sondra L. Green, and Thomas D. Green respectfully request this Honorable Court grant the requested[ relief, and incorporate the terms and conditions of the attached Stipulation for Child Custody into an Order of this Honorable Court. Date: Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Sondra L. Green and Thomas D. Green GENA C. ROTH, Plaintiff Vo SONDRA L. GREEN and THOMAS D. GREEN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CHILD CUSTODY AND NOW, this "'1 -}ix day of C~x'x0.P/3 ~_/_r' ,2004, the undersigned, Sondra L. Green, Thomas D. Green, and Gena C. Roth, the parties herein, hereby agree to the following custodial agreement: 1. Plaintiff, Gena C. Roth, is an adult inclividual formerly residing at 20 A West Springville Road, Boiling Springs, Cumberland County, Pennsylvania 17007. She is presently residing at 206 Capital Hill Road, Dillsburg, York County, Pennsylvania. 2. Defendants, Sondra L. Green and Thomas D. Green, are adult individuals currently residing at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The subject minor children are Thomas J. Green, bom November 29, 1995, and Michael A. Green, born November 20, 1997. 4. The Plaintiff is the natural mother of the subject minor children. children. o Defendants are the paternal grandparents of the subject minor 6. It should be noted that the natural father of the subject minor children, Thomas A. Green, is currently incarcerated at the State Correctional Institute at Dallas, Pennsylvania, and has been for a period in excess of six years. Furthermore, it is believed that he will be incarcerated for an additional period of approximately 20 years. 7. It is agreed between the parties 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 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 pan'y 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 tc~ day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent 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. 8. It is agreed between the parties that Sondra L. Green and Thomas D. Green shall temporarily have primary physical custody of the subject minor children and that they shall continue to reside with them at 3 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania. 9. It is further agreed between the parties, that this matter shall be re- examined periodically, and that it is only to be temporary, until Plaintiff is able to secure adequate housing. 10. The parties further acknowledge that i't is their combined desire that the children continue to attending their current elementm~ school. The Defendants' residence shall be deemed the primary residence of the children for the purposes of school, as that is where they will be residing. 11. Each of the parties is specifically empowered to communicate and otherwise interact with school personnel, including administrators, teachers, and guidance counselors, as well as the school nurse regarding the children's attendance at school. IN WITNESS WHEREOF, the respective parties, intending to be legally bound, do hereby place their signatures and seals on the day and year first written above. ",,W, itness '~itness ' Gena L. Roth Sondra L. Green Thomas D. Green GENA C. ROTH, Plaintiff SONDRA L. GREEN and THOMAS D. GREEN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT Subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, I, Mark T. Silliker, Esquire, decll~e that I am the attorney for Defendants; that I am authorized to make this verification on their behalf; that the facts set forth in the aforegoing Complaint for Custody/Motion for Entry of Custody Order are based upon information supplied to me by my clients and upon my own knowledge which I believe to be tree and correct, and time is of the essence. Date: / 2~//'~/~ if Mark ~er, Esquire