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HomeMy WebLinkAbout05-0984 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARIA S. GREGG, Plaintiff THADDEUS B. GREGG, Defendant IN CUSTODY NO.: OJ; - 9Jj Clul-L ~8Urt COMPLAINT FOR CUSTODY 1. Plaintiff is Maria S. Gregg, residing at 304 11th Street, New Cumberland, PA 17070. 2. Defendant is Thaddeus B. Gregg, who resides at 1428 Apple Drive, Apartment No. 197, Mechanicsburg, PA 17055. 3. Plaintiff seeks custody of Samantha Gregg, born March 27, 1993; Olivia Gregg, born March 5, 1996 and Henry Gregg, born April 11 , 2001. The children were not born out of wedlock. The children are presently in the custody of Plaintiff, who resides at 304 11th Street, New Cumberland, PA 17070. During the past five years, the children have resided with the following persons and at the following addresses: Plaintiff and Defendant 304 11 th Street New Cumberland, PA 17070 304 11 th Street New Cumberland, PA 17070 From 1991 to July, 2001 Plaintiff From July, 2001 to present The mother of the children is Maria S. Gregg, whose current residence is 304 11th Street, New Cumberland, PA 17070. She is married. The father of the children is Thaddeus B. Gregg, whose residence is 1428 Apple Drive, Apartment No. 197, Mechanicsburg, PA 17055. He is married. 4. The relationship of Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the subject children. 5. The relationship of Defendant to the children is that of natural father. Defendant resides alone at 1428 Apple Drive, Apartment No. 197, Mechanicsburg, PA 17055. 6. The parties have reached an agreement with regard to custody of their minor children and have executed the Stipulation which is being filed with the Court simultaneously with this Complaint. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The best interest and permanent welfare of the children will be served by granting the relief requested. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to enter the Court Order which is attached to the Stipulation executed by the parties and filed simultaneously with the within Complaint. ~. /Sandra L. Meilton, ~ TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF VERIFICATION I, Maria S. Gregg, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~ ~.A~ Maria S. Gregg DATED: I;;l,-Ih~o'/ 74315.1 -tc.. ~ ~~ ~ _ ~ \) , \) -J ~ir -(; ~ --J:- () (') -01 I' I "'-'11 :I.-\-'~\ ."',: \;'\ t.,.J .-,,) 'k> --0 -'- r..,) ~ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARIA S. GREGG, Plaintiff THADDEUS B. GREGG, Defendant IN CUSTODY NO.: OS" - C;u~L~~ AND NOW, this CUSTODY STIPULATION ~ . Ils day of e..~\U ~~US' , 2OO>t,' Maria S. Gregg, Plaintiff (hereinafter referred to as "Mother"), together with her ey, Sandra L. Meilton, and Thaddeus B. Gregg, Defendant (hereinafter referred to as "Father"), together with his attorney, Ann V. Levin, hereby inform your Honorable Court that they have amicably resolved to their mutual satisfaction the issues of custody and visitation regarding their children, Samantha Gregg, born March 27, 1993; Olivia Gregg, born March 5, 1996 and Henry Gr,e~g, :b?rn April 11 , 2001, and do hereby stipulate that the following is the substance of their agreem~nt::1 , l...j respectfully requesting that your Honorable Court issue an appropriate Order of custody and -+~- visitation in accordance with their agreement and stipulation: ~..., 1. It is the intention of the parties and the parties agree that they willrhave.: shared legal custody of their children. The parties agree that major decisions concerning their children, including, but not 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 child'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 child 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. 5309. 2. Primary physical custody of the children shall be with Mother, Maria S. Gregg. 3. Father, Thaddeus B. Gregg, shall have partial physical custody of the children in accordance with the following schedule: a. Beginning on Friday, January 7, 2005, and on alternating weekends thereafter, from Friday at 5:00 p.m. through Sunday at 12 noon. b. Beginning on Thursday, January 13, 2005, and on alternating Thursdays thereafter from 5:00 p.m. through Friday morning when Father shall deliver the children to school or to Mother's residence if school is not in session. c. Beginning on Tuesday, January 18, 2005, and on alternating Tuesdays thereafter, from Tuesday at 5:00 p.m. through Wednesday morning when Father shall deliver the children to school or to Mother's residence if school is not in session. d. Father shall have the option of seeing the children during the week with reasonable notice to Mother and on days and at times mutually agreed to by the parties. 4. The Thanksgiving holiday shall begin at 9:00 a.m. on Thanksgiving Day and continues through 5:00 p.m. on Friday. Mother shall have the Thanksgiving holiday in even numbered years and Father shall have the holiday in odd numbered years. 5. The Christmas holiday shall be divided into two Segments. Segment A shall be December 24 at 2:00 p.m. through December 25 at 2:00 p.m. Segment B shall be December 25 at 2:00 p.m. through December 26 at 2:00 p.m. Commencing with December 2004, Father shall have custody during Segment A and Mother during Segment B. Thereafter, the parents shall alternate custody of the children in accordance with the Segments. 6. The New Year's holiday shall begin on December 31 at 2:00 p.m. through January 1 at 2:00 p.m. The parties shall alternate the holiday annually with Father having the children in odd numbered years and Mother having the children in even numbered years. The December 31 (i.e. the date on which the holiday starts) date shall be used for the purposes of determining whether the holiday falls on an odd numbered or even numbered year. 7. Mother shall have the children from 9:00 a.m. through 8:00 p.m. on Mother's Day. Father shall have the children from 9:00 a.m. through 8:00 p.m. on Father's Day. 8. Both parents shall be entitled to two (2) one (1) week extended custodial periods with the children. Please note that vacation rentals typically run from Friday through Friday or Saturday through Saturday. The parties agree to cooperate in arranging their schedules so that both parties are afforded sufficient time to take full advantage of the rental situation. Each party shall provide the other with thirty (30) days' notice of his/her intention to exercise the extended custodial period. It shall be understood that, despite the thirty (30) days' notice, the first parent to advise the other of his/her vacation schedule shall preclude the other parent from selecting that same time. 9. The holiday schedule shall take precedence over the regular custody schedule. 10. Should either parent be unavailable to care for the children for a period in excess of five hours during their custodial period, the other parent shall have the right of first refusal to care for the children. 11. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 12. Neither party shall permanently relocate outside the jurisdiction of Pennsylvania without a minimum notice of sixty (60) days to the other party. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. 13. Both parents shall refrain from making derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children. ,* " 14. The parties shall establish a no conflict zone, in order to better negotiate issues regarding their minor children. 15. It shall be understood and stipulated by the parents that, upon their mutual agreement, an expanded or altered schedule may be agreed between the parents for and in the best interests of the children. ~ .J. A~A Maria S. Gregg " Th~9&-.. Ann V. Levin -1'-, ;-'-1 l...':) r',,) :;.1 ri'1+-T1 " .1" I'",,) -F i~~ '( .) ._w /~ MARIA S. GREGG, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW THADDEUS B. GREGG, Defendant . IN CUSTODY : NO.: OS - qry (2;0~L CT~ ORDER AND NOW, this J. ~ day of ~ , 2005, upon stipulation of the parties, it ;s HEREBY ORDERED AND DECREED that the terms, conditions and provisions of the attached Custody Stipulation executed by the parties and dated on February 18, 2005, are adopted as an Order of Court as if set forth herein at length. J. \' (j:; O~,O ViNV!\l.~8N~,;~d ,\1f\;(:';:}'-- ~<}::'T'{n;) 9S :01 ~I~ z- )!'VH S(]QZ l)}v LCNOH.LC)dd 3:-/1 ::0 38,Lj3;J-G3ll::! 6/8/20064:01 :50 PM/A VL/smm v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-984 MARIA S. GREGG, PLAINTIFF THADDEUS B. GREGG, DEFENDANT CIVIL ACTION - CUSTODY CUSTODY STIPULATION AND NOW, this IJ ~ay of June, 2006, Maria S. Gregg, Plaintiff (hereinafter referred to as "Mother") together with her attorney, Sandra L. Meilton, Esquire and Thaddeus B. Gregg, Defendant (hereinafter referred to as "Father") together with his attorney, Ann V. Levin, Esquire hereby agree to modify the custody stipulation signed by them on February 18, 2005 and entered as an Order of Court on March 2, 2005. The parties agree to modify Paragraph 3a of the February 18,2005 custody stipulation. The parties agree that Father's alternating weekends of partial physical custody shall commence Fridays at 5 p.m. and continue through Monday mornings when Father shall deliver the children to school or to Mother's residence if school is not in session. All other terms and conditions of the February 18,2005 Stipulation shall continue in full force and effect. .-Lf20fy) Thaddeus B. Gregg J~4.?ff:~ "Sandra L. Meilton, Esqu re L)/L~ Ann V. Levin, Esquire . ~~,~~ Maria S. Gregg I r (') c 0) o ~iJ CD -< '" C::;';:J. e::> <.-:".... (- ~::~ c..r; it) . 6/12/20063: 12:39 PM! A VUsmrn .. . . . -. .~ MARIA S. GREGG, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 05-984 1 THADDEUS B. GREGG, DEFENDANT CNIL ACTION - CUSTODY ORDER AND NOW, this , ,~ day of ~ 2006, upon the stipulation of the parties it is hereby ORDERED and DECREED that the terms and conditions and provisions of the attached custody stipulation executed by the parties and dated June 12, 2006 are adopted as an Order of Court as if set forth herein at length. J. C,-{Ci~C, ~ ~ ~ .. ,. I~, !!, V',.:r18 OS :21 Hd 61 iXif' 90DZ ),t3VJC 31-11 :10 ::j~)!:j_:{J ''''CFJll:J