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HomeMy WebLinkAbout05-0205IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY E. FERREE VS. REBECCA SUE FERREE Civil Action - Law Custody NOTICE You, REBECCA SUE FERREE, Defendant, have been sued in Court to obtain custody, partial custody or visitation of the child ZACHARY CHARLES FERREE, born December 14, 1991, age 13. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOT 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 JEFFREY E. FERREE. VS. REBECCA SUE FERREE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law Custody COMPLAINT FOR CHILD CUSTODY AND NOW, TO WIT, this ,~ day of January, 2005, comes the Plaintiff, JEFFREY E. FERREE. and by his attorneys, Griest, Himes, Herrold & Schaumann, Esquires, by Suzanne H. Griest, and files the following Complaint for Custody whereof the following is a statement: 1. The Plaintiff is JEFFREY E. FERREE, an adult individual, who currently resides at 634 South Queen Street, York, Pennsylvania, 17403. 2. The Defendant is REBECCA SUE FERREE, an adult individual who currently resides at 537 C Brandt Avenue, New Cumberland, Pennsylvania 17070. 3. The Plaintiff and Defendant are the natural parents of one minor child, ZACHARY CHARLES FERREE, born December 14, 1991, age 13. 4. The Plaintiff and Defendant were married on December 24, 1988 and resided together as husband and wife until their separation on or about November 19, 2002. Plaintiff JEFFREY E. FERREE. is the natural father of minor child ZACHARY CHARLES FERREE. He is married but separated. 6. Defendant REBECCA SUE FERREE is the natural mother of minor child ZACHARY CHARLES FERREE. She is married but separated. 7. From the parties' separation in November of 2002 to the present, the child has resided with his mother at 537 C Brandt Avenue, New Cumberland, Pennsylvania 17070. 8. Prior to the parties' separation in November of 2002, the parties resided together at 301 Groft Avenue, Elizabethtown, Pennsylvania. 9. Plaintiff requests rights of shared legal custody and a set schedule of rights of partial physical custody. 10. There has been no prior action for custody or visitation by any of these parties in this or any other jurisdiction. 11. The Plaintiff knows of no other person not a party to these proceedings who has physical custody of the child or who claims visitation rights. 12. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child have been given notice of the pendency of this action and the right to intervene: 13. Plaintiff believes and avers that the child would benefit from a shared legal custody arrangement with a set schedule of partial physical with Plaintiff, as Plaintiff believes it is in the child's best interest for the child to have a relationship with his father. Plaintiff believes he can provide appropriate love, nurturance and stability for the child at Plaintiff's residence during Plaintiff's rights of partial custody. WHEREFORE, Plaintiff requests your Honorable Court to enter a Order awarding shared legal custody of the parties' minor child, ZACHARY CHARLES FERREE., with a set schedule of partial physical custody with Plaintiff JEFFREY E. FERREE. RespectfuI~'~ubmitted, GRIEST, H/'~S, ~,~)LD & SC~AUMANN By: ¢ ~ SU~AlX r~ II. GRIEST, Esquire Atforne 'r Plaintiff Attorney f. D, No. 34362 129 East' /larket Street York, Pennsylvania 17401 (717) 846-8856 I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. JEFFREY E. FERREE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-205 CIVIL ACTION LAW REBECCA SUE FERREE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, January 14,2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at DJ Manlove's, 1901 State St., Camp Hill, P A 17011 on Friday, February 04, 2005 , the conciliator, at 9:30 A:\1 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: Is/ Melissa P. Greevy, Esq. Custody Conciliator ~p1L- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infoIl11ation about accessible faciliti,,, and reasonable accommodations available to disabled individuals having business before the cOUI1, please contact our oftice. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedukd conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPH00lE 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 4~-fv -:!7- f/'1T'z:wf 4'~ Jrl/?I I , * ~ ~/7tt-, 5v /III ~ 1rJ'7 ~'~'-rf7 5r/!/r/.( , O'~i :8 "I ""r' U'Jl ! t 1 ~ j ..U ~ /I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA JEFFERY E. FERREE CIVIL ACTION - LA W v. No. 05-205 I REBECCA SUE FERREE I I CUSTODY JOINT STIPULATION OF CUSTODY >t AND NOW TO WIT THIS ~J - day Of~, 2005, come the parties, JEFFERY E. FERREE, and his counsel Suzanne H. Griest, Esquire, and REBECCA SUE FERREE, Pro Se, having been advised of his right to seek separate legal counsel, acknowledges that he waives said right and chooses to represent himself with regard to the preparation and filing of this stipulation, who file their joint Stipulation of Custody whereof the following is a statement: 1. The parties hereto are husband and wife having been married on December 24, 1988. The parties separated in November of 2002. 2. The parties, JEFFERY E. FERREE ("FATHER") and REBECCA SUE FERREE ("MOTHER") are the natural parents of one minor child, ZACHARY CHARLES FERREE, born December 14,1991, age thirteen (13) years, hereinafter ("the child"). 3. The parties have reached an agreement concerning the custody of their child. The parties believe that the following schedule of custody is in the best interest and welfare UMJf$T. HIMES. HERROI,D, S(:HA~MAN~ UP 1I.'-""RNEY'NLw.. 12~E."TMAHmST"":E1 YORK, Pl"N_'YLVA~lA 174H1 of their minor child and understand that it shall be made a Court Order and do agree to be TEI.EPHON'.; (717) 846.g~5(> bound by it: 1 II A. LEGAL CUSTODY The parties shall share joint legal custody of their minor child, ZACHARY CHARLES FERREE, born December 14,1991, age thirteen (13) years. Joint legal custody means the right to both parents to control and to share in making decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to a child's school, medical, dental, and other important records. I I As soon as practical after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other I party. Each shall notify the other party of any medical, dental, optical and other II appointments of a child with health care providers, sufficiently in advance thereof so that the I other party can attend. I I I Notwithstanding that both parents share legal custody, non-major decisions involving a child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Stipulation. B. MAJORITY PHYSICAL CUSTODY Majority physical custody of ZACHARY is hereby confirmed in MOTHER and the child shall reside with MOTHER. C. MINORITY PHYSICAL CUSTODY FATHER shall have rights of partial physical custody with the child as follows; GR'FST,H'''F_',HKJlRO,.D,S'''IAU_'I1ANNI.LI' Arr""NfYS ,AT LAW t2~ F.Aq MA""H SUH.'! YORK.PI:N"SYLV^Nt,\17401 TFLEPHONEf717) ll4Ii-8K~~ 1. One (1) evening per week from after school until 8:00 p.m. with forty- eight (48) hours advance notice to MOTHER. 2 II 2. Alternating weekends from Friday at 6:00 p.m. until Sunday at 9:00 p.m. 3. The parties shall alternate the major holidays. The parties agree that the major holidays are New Year's Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving Day, which shall be spent with the child from 9:00 a.m. to 9:00 p.m. FATHER'S first holiday shall be New Year's Day, 2005. In the event that a parent who would otherwise have custody of the child during a weekend which immediately precedes or follows one of the alternating holidays on which that same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire period. 4. With regard to the Easter holiday, the parties agree that custody on the Easter holiday shall be from 9:00 a.m. to 9:00 p.m. and shall be rotated with FATHER having Easter in 2005 and all odd-numbered years thereafter and MOTHER having Easter in 2006 and all even-numbered years thereafter. 5. MOTHER shall always have custody of the child on Christmas Eve at noon to Christmas Day at 2:00 p.m. FATHER shall always have custody of the child from Christmas Day at 2:00 p.m. until the day after Christmas at 9:00 p.m. The balance of the child's Christmas holiday vacation form school shall be split between the parties as they may agree. 6. MOTHER shall always have the right to custody with the child on Mother's Day from 9:00 a.m. until 9:00 p.m. FATHER shall always have the right to G"""T, HIMES. Hf.K"OJ,D, SCllACMA~N LLP ArTORNhY'ATL<w ;,;:.';;',~::::~,:',';;,:, custody of the child on Father's Day from 9:00 a.m. until 9:00 p.m. T'U.PHONE 1717) ~46-~8_~~ 3 II I Ii I 2. Alternating weekends from Friday at 6:00 p.m. until Sunday at 9:00 p.m. 3. The parties shall alternate the major holidays. The parties agree that the major holidays are New Year's Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving Day, which shall be spent with the child from 9:00 a.m. to 9:00 p.m. FATHER'S first holiday shall be New Year's Day, 2005. In the event that a parent who would otherwise have custody of the child during a weekend which immediately precedes or follows one of the alternating holidays on which that same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire period. 4. With regard to the Easter holiday, the parties agree that custody on the Easter holiday shall be from 9:00 a.m. to 9:00 p.m. and shall be rotated with F ATHER having Easter in 2005 and all odd-numbered years thereafter and MOTHER having Easter in 2006 and all even-numbered years thereafter. 5. MOTHER shall always have custody of the child on Christmas Eve at noon to Christmas Day at 2:00 p.m. FATHER shall always have custody of the child from Christmas Day at 2:00 p.m. until the day after Christmas at 9:00 p.m. The balance of the child's Christmas holiday vacation form school shall be split between the parties as they may agree. 6. MOTHER shall always have the right to custody with the child on Mother's Day from 9:00 a.m. until 9:00 p.m. FATHER shall always have the right to GRlF_'T, HI"I('.';, Hf.RRI'fJl, S~IlAU"14"N LLr AITO"NeYSATLAW ~(:::~::~::~::,~Tt;:;';1 custody of the child on Father's Day from 9:00 a.m. until 9:00 p.m. TrJ.IiPHONE(717)lI46.RH511 4 GRI!:.'T, HIM"'" HERltIllJl, StlHl""ANN u." ATTORNEn..\TLAW 129E"'TM"""EfST~'''..n y,,"~. PF"N"LVA~IA 1741)1 TH,ljpHO"": (7171 g4(}-~H56 II il I 7. During the months that the child is out of school for summer vacation, the parties agree that FATHER may have the child for three (3) weeks, two of which may be consecutive with thirty (30) days' advance written notice to MOTHER. 8. The parties agree that for so long as FATHER resides at 634 South Queen Street, York, Pennsylvania, FATHER will exercise his rights of partial custody at the paternal grandmother's home. D. HOLIDAYS A PRIORITY The parties agree that the periods of partial custody for holidays, vacations or other special days set forth herein shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth herein. Holidays and other special days for custody set forth herein shall take precedence over vacations. E. TRANSPORT A TION The parties agree that FATHER shall always provide transportation and shall be responsible for picking up and returning the child to the home of MOTHER. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. F. LATE FOR EXCHANGE In the event any party is more than 20 minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent picking up the child, the other party may assume that the parent who is late has chosen not to exercise that 5 GRJE.'" "'MPS, ""RROl,O, SCHAlM~N_' u.p AnORNfjYSATLAW 12~E_'STM^RKE1'STREF:J YORK,P1"'N-'YLVM"^ 17401 TEI,E"HO"E (717) 84ll-~~5li I' II II il period of custody. The period will be forfeited, and the other party will be free to make other plans with the child. G. EXTRACURRICULAR ACTIVITIES Each parent shall provide the other parent with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties agree to honor and participate in the activities that the child wishes to engage in. During the times that the parents have custody of the child, they will make certain that the child attends any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the child to and from such activities and the preparations and practices for the activities that are scheduled, in such time so that the child is able to participate in those events. Neither parent, however, shall sign up the child for any activity unless the child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the child managing passing grades in school. In the event that either parent is unable to deliver the child to the particular activity, the parent who has custody of the child shall notify the non-custodial parent who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. H. TELEPHONE CALLS Both parties agree to use common sense in scheduling telephone calls to talk to the child. Both parties shall refrain from preventing the parent who may be calling from talking to the child, or preventing the child from calling the other parent, provided that the phone 6 G~]F"'7, HIMK'i. HEJI~()LD, SCll~~M~NN U.P ATm~N]jy~.'TLAW 129E,\STMA~KETSTREn y()~~. Pl;.'NSY[.V,",^ 174f1l TElE""""E (717) 846-SS,6 II " Ii I calls are not excessively frequent nor too long In duration that they disrupt the child's I ! . schedules. I. DISPARAGING REMARKS The parties agree that they, in the presence of the child, shall take all measures deemed advisable to foster a feeling of affection between the child and the other parent. Neither parent shall do nor shall either parent permit any third person to do or say anything which may estrange the child from the other parent, their spouse or relatives, or injure the child's opinion of the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. The parties agree that they will not use the child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. J. FINANCIAL CARE OF THE CHILD In the event that a significant matter arises with respect to the medical care, education, or financial care of the child, such as a change in occupation, health insurance, educational expenses or residence of a parent, those matters shall be discussed with the other parent before any change is made by either parent. K. MUTUAL CONSULTATION Each party shall confer with the other on all matters of importance relating to the child's health, maintenance and education with a view towards obtaining and following a harmonious policy in the child's educational and social adjustments. Each party agrees to keep the other informed of his or her residence, telephone number and household composition, so as to facilitate communication concerning the welfare of the child and visitation. Each party agrees to supply the other parent with the name, address and phone 7 I! number of any daycare provider or any persons in whose care the child will be for a period in excess of seventy-two (72) hours. L. ILLNESS OF CHILD Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of any of the child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines the :1 child to bed for a period in excess of seventy-two (72) hours and which places the child under I the direction of a licensed physician or any serious injury to the child that would require emergency room or other immediate treatment or requires hospitalization. Either parent may, during that parent's physical custody of the child, make decisions required by an emergency or sudden illness. Each parent shall immediately communicate to the other the existence of any medical, legal or educational emergency that may occur with respect to the child. Each parent shall also have the duty to immediately contact the other regarding the illness. Each parent shall have equal right and access to visit the child if the child are confined to a medical institution, consistent with medical advice. If the child are confined to home by reason of illness for a period of more than seventy-two (72) hours, the other parent shall have the G~JF-"T,HrMfC',HF.~R()t.D,SnJ~r"AN~I.tP opportunity to visit the child. ArmRNEY~ATLAW 129EA_'TMARKI'TSTRH:T YORK.PEN'i'Yl.VAN1AI74111 TEl.I':PHONE (7171114~-~~5~ 8 II II " M. SMOKE/DRINK/ILLEGAL SUBSTANCES: Neither party shall smoke in : a confined area when the child is present and neither party shall permit another person to smoke in a confined area when the child is present. Neither party shall consume alcoholic beverages when in the presence of the child while the child is in his or her care, and no party shall be under the influence of alcoholic beverages when in the presence of the child nor permit any other person to consume alcoholic beverages in the child's presence. N. WELFARE OF CHILD TO BE CONSIDERED The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Stipulation. Both parents agree to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. O. MODIFICATION The parties agree that they are free to modify the terms of this Stipulation but in order to do so, both parties must be in complete agreement to any new terms. The parties acknowledge and understand that both parents must consent to the terms of any new custody agreement or visitation schedule. 4. The parties have been advised of their rights to representation by counsel of their choice and have been afforded the extent of legal representation in accordance with their desires. 5. Both parties agree that this Stipulation shall be incorporated into an Order of Court G~lf_~'r, HIMf:N, HER'lOUI, SC"..rMAN" IJ.P ATIUR"EY.' ~T LA" 129 E^ST MARKETS'rRI'h1 'i"~K,PF""snVAN]A 1741!] which wi\! be binding upon the parties as if issued after a full hearing on the merits. T"lErHOSl (717) 846-~g56 9 II WHEREFORE, the parties pray this Honorable Court enter an Order in accordance with their Agreement. ~ r~",_ iAlfFl Y. FERREE fP"/'ntiff ather H. I ST, ESQUIRE ff's Counsel -- II , , I I I I II II I I I II , I I I il I ,I II I I GMIF-'T, H'M.", HF.RllnUl, S('".l.'M4''' 1.1," ATTOR~EY'ATLAW 129E.'STMARxr~.S"".;F1 YOHK,I'EN"-SVLVAN,,1741J1 TE'l.FPII"'" (717) ~4Ii--~g56 I Ii I II 10 l'<> C:-::J c;;,;) ',"..11 i ~I \'\"1 CJ , !'-J n -"1 :::.1 ~,{:, "!.1 ,-- CT1 '--,' I"~} .(J ~'~j "t,,) ,00,"1 c.) CJ (J't GRJI:ST,HrMF--',HF.RROr.IJ,SCH"I.M"N'I.I." ATIOHEY.' "T L"w 129EA<-rMA"KETSTR""T YO"K,PI'."iNSYLV'KlAI7401 TELEPHONE 17171 R41\-~~56 " 'Y FEB 0 3 200~{\- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY E. FERREE CIVIL ACTION - LAW v. No. 05-205 REBECCA SUE FERREE CUSTODY ORDER AND NOW, TO WIT, THIS ~ day of F/~. 2005, upon consideration of the Joint Stipulation of Custody entered on the3h.t day of :J c.-'1" 2)1 2005, the Court hereby incorporates said Stipulation by reference into this Court Order. BY THE COURT: J. tn c.::; f") I- I ~'::l .'..1.J , G_ . I L. l.r:~ C; C:;.; .,." FEB 1 8 2005 J fX JEFFREY E. FERREE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-205 CIVIL TERM v. CIVIL ACTION - LAW REBECCA SUE FERREE, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 4th day of February, 2005, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE C9UR'F) /J . ;t~ LY~ Iissa Pee,1 Greevy, Esquire Custody Conciliator :244261 I :1 i.~ _