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Home My WebLink About05-1645 ,. JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ,/ NO.QS. / (" Lj~ CIVIL TERM Defendant CIVIL ACTION. LAW IN CUSTODY LISA D. MULFORD, CUSTODY COMPLAINT 1. The Plaintiff is James F. Mulford, residing at 1229 Crosscreek Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2, The Defendant is Lisa D, Mulford, residing at 41 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3, Plaintiff seeks custody of the following children: NAME PLACE OF RESIDENCE AGE D.O.B. Kevin J. Mulford 41 Keefer Way 13 4/9/91 Mechanicsburg, PA 17055 Michael L. Mulford 41 Keefer Way 10 4/1/94 Mechanicsburg, PA 17055 4. The children were not born out of wedlock. 5. The children are presently in the custody of the Defendant/Mother who resides at 41 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Lisa D, Mulford, Mother 41 Keefer Way Summer 2003 . Mechanicsburg, PA 17055 present Lisa D, Mulford, Mother 9 Norfolk Court March 2001 Mechanicsburg, PA Summer 2003 - 1 - .. JAMES F, MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ,.,- NO.OS". /, ~~ CIVIL TERM Defendant CIVIL ACTION - LAW IN CUSTODY LISA D. MULFORD, CUSTODY COMPLAINT 1. The Plaintiff is James F, Mulford, residing at 1229 Crosscreek Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2, The Defendant is Lisa D. Mulford, residing at 41 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks custody of the following children: NAME PLACE..OF..RESIDENCE AGE D.O.B. Kevin J, Mulford 41 Keefer Way 13 4/9/91 Mechanicsburg, PA 17055 Michael L. Mulford 41 Keefer Way 10 4/1/94 Mechanicsburg, PA 17055 4. The children were not born out of wedlock, 5. The children are presently in the custody of the Defendant/Mother who resides at 41 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Lisa D. Mulford, Mother 41 Keefer Way Summer 2003 - Mechanicsburg, PA 17055 present Lisa D. Mulford, Mother 9 Norfolk Court March 2001 Mechanicsburg, PA Summer 2003 - 1 - ,- v PERSONS ADDRESSES DATES James F, Mulford, Father Lisa D. Mulford, Mother 9 Norfolk Court Mechanicsburg, PA February 1988 - March 2000 7. The mother of the children is Lisa D. Mulford currently residing at 41 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania, 8. The mother is divorced. 9. The father of the children is James D. Mulford currently residing at 1229 Crosscreek Drive, Mechanicsburg, Cumberland County, Pennsylvania. 10. The father is divorced. 11. The relationship of Plaintiff to the children is that of natural father, 12. The Plaintiff currently resides with the following persons: NAMES NONE RELATIONSHIP NONE 13. The relationship of Defendant to the children is that of natural mother, 14. The Defendant currently resides with the following persons: NAMES RELATIONSHIP Kevin J. Mulford Michael L. Mulford Son Son 15. 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. 16. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, 17. 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. - 2 - - ,j 18. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Father /Plaintiff can provide for the children's physical and emotional needs; B. Father/Plaintiff encourages the relationship between the children and the non- custodial parent; C. The children would benefit by being with Father/Plaintiff half of the time; D, By this summer the parties will be living within four (4) blocks of each other making a shared custody arrangement ideal for the children. 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant shared legal and physical custody of the children to the Plaintiff and Defendant. Respectfully submitted, - 3 - " .,J VERIFICATION I verify that the statements made in this Custody Complaint 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: ) /l-Ih()()s I I (:) N~ ~ \\- CjJ -::t ...0 - " ~ ~ iO.. .......... --. --. III C> -J ~ t -L ::F!~) . o c ~....~ t-J c:::;:> ~ ~ -.- :,t:~ -;....; N W =~ ~" _.",,' -",," o -n .-\ -':-n r11p -()t;:.q -" ~,. ~)h ~4 ::-1. 'C-d ;~~P\ / =" ~ ;:.< w .' -- ..- 0'"'> ------- JAMES F. MULFORD PLAINTIFF IN THE COURT OF COMMON PlEAS OF CUMBERLAND COUNTY, PENN~YL VANIA v. 05-1645 CIVIL ACTION LA W LISA D. MULFORD IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 01, 2005_ , upon consideration of th attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S, Sund y, Esq, at 39 West Main Street, Mechanic.burg, PA t7055 on Tuesday, May 10,20 5 , the conciliator, at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resol e 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 appe r at the conference may proyide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection f om Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to schedule hearing. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to co with Disabilites Act of 1990. For information about accessible facilities and reasonabl available to disabled individuals having business beforc the coul1, please contact our 0 must be made at least 72 hours prior to any hearing or business bel{lre the court. You conference or hearing. ply with the Americans accommodations 1ce. All arrangements ust attend the scheduled 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 TELEPHONE T E 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 /h~ ~ fJy ~ ~ ~ 5}j,-/1 .tf;; ~ ~m1c1 ~u. 51l~h-h 7-" :7- "P,"",N~;. f4l 50.".'; [,1 i.",~ T ',I l'vl l',;ct' ':',_ :',(\'\J ,.;.'lUlI . - ("', .l' ~:; '\ .,:.: -:;',\.i'. --"'"" ." ,','r- \ - JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1645 CIVIL TERM Defendant CIVIL ACTION - LAW IN CUSTODY LISA D. MULFORD, AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on April 8, 2005, I served a true and correct copy of the CUSTODY COMPLAINT and CONCILIATION NOTICE upon Lisa D. Mulford, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: Lisa D. Mulford 41 Keefer Way Mechanicsburg, PA 17055 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. DCLlFF, ESQU E Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania thisi~ day of4fvuL ' 2005. 4-LaUd/v uf' 4-1-7'Z.Lu./ NOTARY PUBLIC I COMMONWEALTH OF PENNSYLVANIA Notarial Seat Deborah L. Donley. Notary Public Camp Hill Boro, Cumberland County My Commission E,<Pires Sept. 23, 2007 Member, PennsylvanIa ASSOcIation Of Notaries My commission expires: . SENDER COMPLETE THIS SECTION . Complete ttems 1, 2. and 3, Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the bac~ of themallplece, or on the front If space permits. . 1. MIele Addressed to: LSA b. ffiu.LfblU) 4\ \6:.E:~ WA'i ffieu-\ B:'""IIOS5 , 2. Mlcle Number (fransfer ffOmlJ8Nfco fBbef) PS Form 3811, February 2004 . . /\ 0 Agent /~ DA_ C. Dele of Deliv<lty DYes DNo I "Jype, all C Express Mall Aeglster'ecl 0 Return Receipt for MerchandISe D Insured Mall 0 C.O.D. 4. A_clod Delivery? (Extra Fee) Yes 7004 0750 0004 1090 6582 Dotnest1c Return.Receipt 102595-02-M-1S40 EXHIBIT" A" RETURN RECEIPT CARD " ,,; c---:. () c: ~ C) ~l-, --.! ~~ Ul C) C': , RECEIVED MAY 1 e 'lfI!J{ JAMES F. MULFORD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1645 CIVIL ACTION LAW LISA D. MULFORD Defendant IN CUSTODY ORDER OF COURT AND NOW, this II, f L day of M" 7 ' 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Father, James F. Mulford and the Mother, Lisa D. Mulford shall have shared legal custody of Kevin J. Mulford, born April 9, 1991, and Michael L. Mulford, born April 1, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. School year: During the remainder of the 2004-2005 school year, in every week, beginning May 17, 2005, the Mother shall have custody of the Children on Mondays and Wednesdays from after school through the following morning at school time, the Father shall have custody on Tuesdays and Thursdays from after work when the Father shall pick up the Children at the Mother's residence through the following morning at school time, and the parties shall alternate having custody of the Children on weekends from Friday after school for the Mother or after work for the Father through Sunday evening and the Mother shall have custody of the Children overnight on Sunday. This schedule shall remain the same for the 2005-2006 school year, except for the duration ofthe weekend periods of custody which shall either run from Friday after school or after work through Monday morning before school or from Friday after school or after work through Sunday evening. B. Summer school break: During the summer school break, the parties shall follow the custody schedule set forth in Paragraph A ofthis provision with the exception that the alternating weekend periods of custody shall run from Friday through Monday. During his periods of custody throughout the summer school break, the Father shall take the Children to the Mother's residence before work and to pick up the Children at the Mother's residence after work so that the Children are in the Mother's custody when the Father is working. o -"" 9 (':c") >- s.'~: D_. C) v' C~~j c:::: c_, f - ,. 3. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from December 24th at a time in the morning to be arranged by agreement between the parties through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26th at a time in the evening to be arranged by agreement between the parties. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. B. Easter: In every year, the Father shall have custody of the Children over the Easter weekend from Friday at 5:00 p.m. through Saturday at 5:00 p.m. and the Mother shall have custody from Saturday at 5:00 p.m. through Easter Sunday at 5:00 p.m., unless the parties make arrangements by agreement for alternative exchange times. C. Thanksgiving: In every year, the Father shall have custody ofthe Children from the Wednesday before Thanksgiving at 5:00 p.m. through Thanksgiving Day at 5:00 p.m. and the Mother shall have custody from Thanksgiving Day at 5:00 p.m. through the following Friday at 5:00 p.m., unless the parties agree on alternative exchange times. D. Memorial Day/Labor Day: The parties shall share and alternate having custody on Memorial Day and Labor Day, which periods of custody shall be coordinated with the regular alternating weekend schedule with adjustments made as necessary to ensure that there is a sharing of the Memorial Day and Labor Day holidays. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children on Mother's day from 8:00 a.m. until 8:00 p.m. and the Father shall have custody ofthe Children on Father's Day from 8:00 a.m. until 8:00 p.m., unless the parties select alternative exchange times by agreement. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have two uninterrupted one-week periods of custody during the summer school break each year upon providing reasonable notice to the other party. Vacation weeks under this provision shall be scheduled non-consecutively unless otherwise agreed between the parties. Each party shall schedule periods of custody under this provision to include his or her regular weekend period of custody. The parties shall cooperate in making adjustments to the scheduling under this provision to accommodate rental/travel dates. , 5. In the event the parties are unable to reach an agreement as to whether the alternating weekend periods of custody during the 2005-2006 school year will terminate on Monday or Sunday by the end of the first week of July, the parties agree to participate in mediation with a mutually selected professional in order to obtain assistance in resolving the issue. In the event the parties are unable to reach an agreement by the end of July 2005, counsel for either party may contact the conciliator to schedule proceedings to ensure the issue is resolved before the school year begins. 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. BY THE COURT, cc: Diane G. Radcliff, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother -L'f-<-<A ~:G,A.. 5'- /f-O/ Q-, JAMES F. MULFORD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1645 CIVIL ACTION LA W LISA D. MULFORD Defendant 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kevin J. Mulford Michael L. Mulford April 9, 1991 April I, 1994 Mother Mother 2. A conciliation conference was held on May 10, 2005, with the following individuals in attendance: The Father, James F. Mulford, with his counsel, Diane G. Radcliff, Esquire, and the Mother, Lisa D. Mulford, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. D~ I J ;2005 ( Da~ESq~ Custody Conciliator