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HomeMy WebLinkAbout05-2999 Terry M. Seitz., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vi. Nicholette M. Mizak, Defendant CIVIL ACTION - LAW No. 05 .. "J.'ft'l CIVIL IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Terry M. Seitz, residing at 257 Revo Road, Pittsburgh, Pennsylvania 15236. 2. The defendant is Nicholette M. Mizak, residing at 262 Chestnut Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Mya Mizak 262 Chestnut Street Shippensburg, P A 9/8/04 8 months The child was born out of wedlock The child is presently in the custody ofNicholette M. Mizak, residing at 262 Chestnut Street, Shippensburg, Cumberland County, Pennsylvania 17257. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Nicholette Mizak 262 Chestnut Street Shippensburg, P A birth to present 4. The mother of the child is Nicholette M. Mizak, residing at 262 Chestnut Street, Shippensburg, Cumberland County, Pennsylvania 17257. She is not married. . 5. The father of the child is Terry M. Seitz, residing at 251 Revo Road, Pittsburgh, Pennsylvania 15236. He is not married. 6. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons. Name Relationship Self 7. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons. Name Denise O'Conner Relationship Aunt 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child 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 child and claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief request because: A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. The continuing welfare of the child will be assured if partial custody is awarded to Plaintiff pending the hearing on this Petition subject to such partial custody for purposes of visitation as may be mutually agreed upon between the parties. WHEREFORE, Plaintiff requests this Court grant Plaintiff partial physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: G-/O-d~- f1// ~ Michael J. Whare, E quire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court 1.0. # 89028 Attorney for Plaintiff Terry M. Seitz., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA x. Nicholette M. Mizak, Defendant CIVIL ACTION - LAW No. 05 - CIVIL IN CUSTODY VERIFICATION I verifY that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. //1J~ Terry ~eitz Plaintiff . ~ c= J\ - ~ (J , ~. cf- ~ \>..l @ (') r-> <= ~ ~,;: <= """- .." ;:Fi~";i '- ::r!::n ...... -,7-' - c::: f'1- ::::::-:: ;;? -oM ,c:- U! Cl :00 U\ 0)- r:.: t~~~ 0 ~~~: """ ----... ~ ~ - 7(~ ~~1 Z .. .::.., -" (':) :)~" ~ -< ,lJ 0 .< ;S '" ,.,. TERRY M. SEITZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-2999 CIVIL ACTION LAW NICHOLETTE M. MIZAK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, , upon consideration of the attached Complaint. Wednesday, June 15, 2005 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 Thursday, June 30, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis 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 tor 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: Isl Tacgueline M. Vemey, Esq. Custody Conciliator ,;r The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 DO NOT HAVE 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 17013 Telephone (717) 249-3166 ,~~fp~~~ _h7~~t/, ~(l' ~ ~ /'7~ ~-pp VIN'''t""l!'C....j-,l'-I.' I '1Ir....,::.....;~:i/\',;' 'J\I:~d Ai \:' II .- _ "., I. ~'O' ,...,,..- 1 ",::' ;' ,,_,'::.<.\lna o t :2 Hd 91 tif1f SOal AtJ\lIO' !.u.... "'\"d 'Hi .'0 _ " ..",,,C:J ;;) 38t:HO-(l31Ij Jtl. '7/9 5t7 '7/ "7 5v'7/''' NICHOLETTE M. MIZAK, Defendant : NO. 05-2999 CIVIL TERM TERRY M. SEITZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of NichoJette M. Mizak, the Defendant, in the above captioned matter. ~ljl()') D E' Respectfully SUbmitte~ ;t~ Certified Legal Intern ~~4fZ ROB T E. RAINS ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/240-5204 717/243-2968 ,..., c::> ~:::? oJ1 <- C::. b': N n ::;'i1 .-\ :r: -<1_ rnp:" ~orn ->~\y ~;.~() -:'::.-+'\ ~':~T~ '..::\ ~~2 - '-t? N \.0 Terry M. Seitz., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Nicholette M. Mizak, Defendant : CIVIL ACTION -- LAW : No. 05 - 2999 CIVIL : IN CUSTODY CUSTODY AGREEMENT Terry M. Seitz, Plaintiff, hereinafter referenced as "Father," and Defendant, Nicholette M. Mizak, hereinafter referenced as "Mother," hereby agree to the fi)llowing terms in an Order defining custody and partial custody rights and responsibilities in relation to Mya Mizak, September 8, 2004, hereinafter referenced as "Child:" 1. Mother and Father will share legal custody ofthe child as defined in 23 Pa. C.S.A. ~5302. All decisions affecting the child's growth and including but not limited to medical treatment, education, and religious training, are major decision which Mother and Father shall make jointly after discussion and consultation with cacho 2. As provided in 23 Pa. C.S.A. ~5309(a), each parent shall have full and complete access to the child's mental, dental, religious and school records.. This includes the names, addresses and telephone numbers of all medical and other providers. 3. Mother shall have primary physical custody of child and Father shall have partial custody every other weekend beginning on Friday at 5:00 p.m. and ending on Sunday at 5:00 p.m. 4. Transportation for all custody exchanges shall be provided by the party receiving custody of the child. 5. Father shall have two weeks custody in the summer with a thirty (30) day prior notice to Mother of the dates. 6. The parties have agreed to the following holiday schedule: a. Mother shall always have Mother's Day, which shall be defined as 9:00 AM until 8:00 PM. b. Father shall always have Father's Day, which shall be defined as 9:00 AM until 8:00 PM. c. Mother shall have custody of the Child on Easter and shall be defined as from 9:00 AM unti18:00 PM on even numbered years. Father shall have custody ofthe Child on.Easter and shall be defined as from 9:00 AM until 8:00 PM on odd numbered years. d. Thanksgiving shall be split into two (2) segments - segment "A" and segment "B". Segment "A" shall consist of Wednesday before Thanksgiving until Thanksgiving Day at 2:00 PM. Segement "B" shall consist of Thanksgiving Day at 2:00 PM until Friday at 8:00 PM. The parties will alternate Segment "A" and Segment "B" every other year. Beginning in 2005, Mother shall have the Child on Thanksgiving under Segment "A" and Father shall have the child on Thanksgiving und'~r Segment "B". 7. Christmas shall be split into two (2) segments - segment "A" and segment "B". Segment "A" shall consist of December 24th at 3:00 PM until December 25th at 1 :00 PM. Segment "B" shall consist of December 25th at 1:00 PM until December 26th at 8:00 PM. The parties will alternate Segment "A" and Segment "B" eve~y other year. Mother shall have custody of the Child for Segment "A" for Christmas 2005 and Father shall have Segment '''B'', 8. New Year's shall be split into two (2) segments - segment "A" and segment "B", Segment "A" shall consist of New Year's Eve from 4:00 PM untill :00 PM on New Year's Day. Segment "B" shall consist of New Year's Day from 1:00 PM until January 2nd. However, if the child has school on January 2nd, the parent's custody would end at the beginning of the school day. The parties will alternate Segment "A" and Segment "B" every other year. Mother shall have custody of the child for segment "A" for New Year's 2005-2006 and Father shall have segment "B". 9. The parties shall have reasonable telephone and e-mail c;ontact with the child while the child is in the other's custody. 10. Neither party shall make any disparaging remarks regarding the other party in the presence of the child. AdditionalIy, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the child. 11. Any modification or waiver of any of the provisions of this Agreement of the parties shalI be made by mutual consent, absent such, this Order remains in full force and effect. 12. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Father's attorney is Michael J. Whare, Esquire and Mother's is Rene M. GornalI, Certified Legal Intern of The Family Law Clinic with Thomas M. Place, Lucy Johnston-Walsh and Anne MacDonald-Fox as supervising Attorneys. 13. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. Consented to: ID- dJ- rJS Date Te~01ntiff q- ~~-()r;;- rtfA/J f~ Michael J. Whare, Es~ire ~ P''"ntiff Nicholette M. Mizak, Defendant ;/ C;;//. to Date Date or -2.7-0:) Date C;-dl~(}s Date ~.~~0~ Robert E. Rains Lucy Johnston-Walsh Alme MacDonald-Fox Supervising Attorneys The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (l ,...., c> ,~ C .:,::::::' "'(1, ,",,'\ ..... C' -c C F,:-;f' -, -'-1-1 - _.~--, , , -, -,....... -" () ) \ n c..:? ., r. ~ .r: - L\ i RF':CEIVED I nrT 1 ~ 2005 ': i'J1t..( Terry M. Seitz., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Nicholette M. Mizak, Defendant : CIVIL ACTION - LAW : No. 05 - 2999 CIVIL : IN CUSTODY ORDER AND NOW, this 'Z-o ~ day of _ Oc.h ik., , 2005, in consideration of the attached Stipulation Regarding Custody and Visitation, it is hereby ordered that: 1. Mother and Father will share legal custody ofthe child as defined in 23 Pa. C.S.A. 95302. All decisions affecting the child's growth and including but not limited to medical treatment, education, and religious training, are major decision which Mother and Father shall make jointly after discussion and consultation with each. 2. As provided in 23 Pa. C.S.A. 95309(a), each parent shall have full and complete access to the child's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. 3. Mother shall have primary physical custody of child and Father shall have partial custody every other weekend beginning on Friday at 5:00 p.m. and ending on Sunday at 5:00 p.m. 4. Transportation for all custody exchanges shall be provided by the party receiving custody of the child. 5. Father shall have two weeks custody in the summer with a thirty (30) day prior notice to other of the dates. 6. The parties have agreed to the following holiday schedule: a. Mother shall always have Mother's Day, which shall be defined as 9:00 AM until 8:00 PM. 2025 GCT ? 0 r~ . I r-,. ,"; I (. \i'1' \/ .--------/. b. Father shall always have Father's Day, which shall be defined as 9:00 AM until 8:00 PM. c. Mother shall have custody of the Child on Easter and shall be defined as from 9:00 AM until 8:00 PM on even numbered years. Father shall have custody of the Child on Easter and shall be defined as from 9:00 AM until 8:00 PM on odd numbered years. d. Thanksgiving shall be split into two (2) segments - segment "A" and segment "B". Segment "A" shall consist of Wednesday before Thanksgiving until Thanksgiving Day at 2:00 PM. Segement "B" shall consist of Thanksgiving Day at 2:00 PM until Friday at 8:00 PM. The parties will alternate Segment "A" and Segment "B" every other year. Beginning in 2005, Mother shall have the Child on Thanksgiving under Segment "A" and Father shall have the child on Thanksgiving under Segment "B". 7. Christmas shall be split into two (2) segments - segment "A" and segment "B". Segment "A" shall consist of December 24th at 3:00 PM until December 25th at 1:00 PM. Segment "B" shall consist of December 25th at 1 :00 PM until December 26th at 8:00 PM. The parties will alternate Segment "A" and Segment "B" every other year. Mother shall have custody ofthe Child for Segment "A" for Christmas 2005 and Father shall have Segment "B". 8. New Year's shall be split into two (2) segments - segment "A" and segment "B". Segment "A" shall consist of New Year's Eve from 4:00 PM untill :00 PM on New Year's Day. Segment "B" shall consist of New Year's Day from 1 :00 PM until January 2nd. However, if the child has school on January 2nd, the parent's custody would end at the beginning of the school day. The parties will alternate Segment "A" and Segment "B" every other year. Mother shall have custody of the child for segment "A" for New Year's 2005-2006 and Father shall have segment "B". 9. The parties shall have reasonable telephone and e-mail contact with the child while the child is in the other's custody. 10. Neither party shall make any disparaging remarks regarding the other party in the presence of the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the child. 11. Any modification or waiver of any of the provisions of this Agreement of the parties shall be made by mutual consent, absent such, this Order remains in full force and effect. 12. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Father's attorney is Michael J. Whare, Esquire and Mother's is Rene M. Gornall, Certified Legal Intern of The Family Law Clinic with Thomas M. Place, Lucy Johnston-Walsh and Anne MacDonald-Fox as supervising Attorneys. 13. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. BY THE COURT: Ad.. - ,,' TERRY M. SEITZ, Plaintiff . NO V ! fI LOllS · ib~~~-A14====J : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2999 CIVIL TERM NICHOLETTE M. MIZAK, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 16th day of November, 2005, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ., I .' (Of . '!- 'c..-,dJ eline M. Verney, Esquire, Gtrstody Conciliator , ,-~-" ,'-, " ' ,'~ L\ '('\,,\ \,,\\;~'1 IC, \ :~ \\rJ he' 'v "