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HomeMy WebLinkAbout05-0778 JAMES F. HETRICK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW LORI BIGLER, Defendant . : OS - r171 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, James F, Hetrick, Jr., by his attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, James F. Hetrick, Jr., is an adult individual with an address of24 Barn Drive, New Bloomfield, Perry County, Pennsylvania 17068, 2, The Defendant, Lori Bigler, is an adult individual with an address of 115 Booz Road, Shippensburg, Cumberland County, Pennsylvania 17257, 3, The parties are the natural parents of one (1) child, namely, Nevonn James Riley-Hetrick, born June 20, 2004, 4. The Plaintiff desires that the parties have shared legal custody of the minor child, N evonn James Riley-Hetrick, 5, The Plaintiff desires primary physical custody ofthe minor child, Nevonn James Riley- Hetrick, with periods of temporary physical custody to Defendant as the can agree, 6, The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above, WHEREFORE, the Plaintiff, James F, Hetrick, Jr., respectfully requests that he be awarded primary physical custody and shared legal custody of Nevonn James Riley-Hetrick, as provided herein, with periods of temporary physical custody to Defendant as provided herein, Respectfully submitted, By: eight, Attorney fo Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D, No, 25476 Date: February 10, 2005 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action, I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief, I understand that false statements herein made are subject to the penalties of 18 Pa, C,S,A. Section 4904, relating to unsworn falsification to authorities. L_ '/I ;JAMES F. HET , JR. Date:~tjos JAMES F, HETRICK. JR, PLAtNTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 05-778 CIVIL ACTION LAW LORI BIGLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Febrnary 16,2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqneline M, Verney, Esq, , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tbursday, March 10,2005 at 9:30 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 I'rotection from Abuse orders, Special Relief orders, and Custody orders to the conciliafor 48 hours prior to scheduled hearing, FOR THE COURT, By: Isl Tacqueline M Vernef', Esq. Custody Conciliator ,,)l'-' 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 DONaT HA VE 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 170 I 3 Telephone (717) 249-3166 _# ~ ~ ~ ~ 4v JO-UC' -* ~ ~ ~JL,>(}'(/' C ~?}1//;w ~ ~~M7 50-0-(' {,~, ,(,1 . I . 1 - I." i. !: ,i , VJ... MAR 1 () 2005 I~ f JAMES F. HETRICK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-778 CIVIL TERM LORI BIGLER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 11-' day of t"'-c>.,,<J., , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, James F, Hetrick, Jr. and the Mother, Lori Bigler, shall have shared legal custody of Nevonn James Riley-Hetrick, born June 20, 2004, 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, 2, Mother shall have primary physical custody ofthe child, 3, Father shall have the following periods of phased-in partial physical custody with the goal of ultimately shared physical custody: A. Beginning March I 1,2005 alternating weekends from Friday at 6:30 p,m, to Sunday at 6:30 p,m, for two such alternating weekends, B. During the off week, Father shall have physical custody on Tuesdays and Thursdays from 6:30 p,m, to 8:30 p,m, C. Once Father has exercised two alternating weekends as provided in Paragraph 3A, he shall have physical custody on alternating weekends from Friday at 6:30 p,m, to Monday at 8:30 p,m, D, Such other times as the parties agree, 4, In the event that either party is in need of a babysitter for the child for longer than 2 hours, they shall contact the non-custodial parent and offer said opportunity to the non-custodial parent. The custodial parent shall give as much advance notice as possible, 5, Transportation shall be shared such that the parties shall meet at the Newville Park and Ride Lot off of Interstate 8 I, r 6, 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. Another Conciliation Conference is scheduled for May 11,2005 at 8:30 a,m, BY THE COURT, /l 1. c't:~K1:rcus A, McKnight, III, Esquire, Counsel for Father MIchael M, Jerominski, Esquire, Counsel for Mother MAR 1 0 2005 JAMES F. HETRICK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-778 CIVIL TERM LORI BIGLER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I, The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nevonn James Riley-Hetrick June 20, 2004 Mother 2, A Conciliation Conference was held in this matter on March 10, 2005 with the following individuals in attendance: The Father, James F, Hetrick, Jr., with his counsel, Marcus A. McKnight, III, Esquire and the Mother, Lori Bigler, with her counsel, Michael M, Jerominski, Esquire, 3, The parties agreed to the entry of an Order in the form as attached, .3 -/0-05 Date ~rn~~s~-t Custody Conciliator RECEIVED MAY 10 20OS$" JAMES F. HETRICK. JR.. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA V. : NO. 2005-778 CIVIL TERM LORI BIGLER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 10th day of May, 2005, having been advised that the parties have reached a settlement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, , A,t! ustody Conciliator . ., C' .~____..,__._,~..W'~_ , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JAMES F. HETRICK, JR., Plaintiff v. CIVIL ACTION - LAW NO. 2005-778 CIVIL TERM LORI BIGLER, Defendant IN CUSTODY CUSTODY STIPULATION AND NOW, this /3 th day of June, 2005, the parties, JAMES F. HETRICK, JR. and LORI BIGLER hereby enter into the following Custody Stipulation and Agreement regarding their minor son, NEVONN JAMES RILEY -HETRICK: 1. The Plaintiff, James F. Hetrick, Jr., is an adult individual who resides at 1874 George Avenue, Carlisle, Cumberland County, Pennsylvania 17013, 2, The Defendant, Lori Bigler, is an adult individual who resides at 115 Booz Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3, The parties are the natural parents of one (I) child, namely, Nevonn James Riley-Hetrick, born June 20, 2004, 4, The Plaintifti'Father, James F, Hetrick, Jr" and the Defendant/Mother, Lori Bigler, agree to have shared legal custody of Nevonn James Riley-Hetrick, born June 20, 2004, Each parent will 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. 3 " 5. The parties agree to share physical custody of Nevonn James Riley-Hetrick as follows: On an alternating weekly basis with the custody exchange occurring at 5:00 p,m, on Sunday evening with Mother having physical custody of the child one week and Father having physical custody of the child the following week, 6, The parties will have physical custody of the child at any other times which they agree is in the best interest of the child, 7, Transportation of the child for custody exchanges will be shared, 8, Custody of the child on holidays will be shared by the parties as they agree is in the best interest of the child, 9, The parties agree that the child will be used as a Federal income tax exemption with Father having the child for this purpose for all odd-numbered years and Mother will have the child for this purpose on even-numbered years, The parties agree to sign any forms necessary to implement this provision, 10, The parties agree to keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and agree to take any necessary steps to ensure that the health and well-being of the child are protected, During such illness or medial emergency, both parties agree to have the right to visit the child as often as he or she desires consistent with the proper medical care of the child, 4 " 11. The parties agree not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party, 12. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree, The parties anticipate regularly varying from the terOL, of this Stipulation in order to accommodate the schedules of each other and the child, However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 13, Any modification or waiver of any other provisions of this Agreement will be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 14. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and will retain such jurisdiction should circumstances change and either party desires or requires modification of said Order, 5 L 15, The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence, 16, Each party has had an opportunity to consult independent legal counsel of his or her own selection, Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein, IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above, WITNESSETH: (SEAL) ~~d.--uU / VcdL-kzL4?(J ~ /HJ. y-:- d1: J e C); ~~a,,- ORI BIGL R (SEAL) 6 n ....' Q. (~ 'l" <"':;.l oJ' .-' <.."..~ ::c -<\ S Ill(:::= .,.."- -00' - -::;0 0' !_),L) '.:..)~:..r-, -\'1 i'~:,lCl , - , ' -.'"' ..n'1 (~~~ ~ C) .,.~ ",:- ~'iJ ..4 ("n _c ,-<: - ,-,~ RECEIVED JUN 20 Z005~ JAMES F. HETRICK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2005-778 CML TERM LORI BIGLER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of June 2005, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed as follows: 1, The Plaintiffi'Father, James F, Hetrick, Jr., and the Defendant/Mother, Lori Bigler, shall have shared legal custody of Nevonn James Riley-Hetrick, born June 20, 2004, 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, 2, The parties shall share physical custody of Nevonn James Riley-Hetrick as follows: On an alternating weekly basis with the custody exchange occurring at 5:00 p,m. on Sunday evening with Mother having physical custody of the child one week and Father having physical custody of the child the following week. 3, The parties shall have physical custody of the child at any other times which they shall agree is in the best interest of the child. 4. Transportation of the child for custody exchanges shall be shared. 5, Custody of the child on holidays shall be shared by the parties as they agree is in the best interest of the child. 6, The parties shall agree that the child will be used as a Federal income tax exemption with Father having the child for this purpose for all odd-numbered years and Mother will have the child for this purpose on even-numbered years, The parties shall sign any forms necessary to implement this provision, 7, The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall agree to take any necessary steps to ensure that the health and well-being of the child are protected, During such illness or medial emergency, both parties shall agree to have the right to visit the child as often as he or she desires consistent with the proper medical care of the child, A1Ji:," -":!~~':':~v,!nJ S I :01 WIi I Z Nnr SOOl AU\ 'IO'I""'H '0' , ''1Hl '0 uv... ,.V I... uCl:J :J 38!~:!O-0311:J 8, The parties shall agree not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party, 9, The parties shall make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree, The parties anticipate regularly varying from the tenus of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the tenus of this Stipulation and Order shall control. 10. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement and Order of Court, By the Court, .Ad J. ~cus A, McKnight, m, Esq, Attorney for Plaintiff ~ Achael M. Jerominski, Esq. Attorney for Defendant 2