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Home My WebLink About05-4221 JONATHAN G. RITCHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. CIVIL ACTION - CUSTODY SHERRI M. RITCHEY : 05 -1~:(1 (7\ Ul L )fIl.WL Defendant : COMPLAINT/PETITION FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is Jonathan G. Ritchey, an adult individual who currently resides at 118 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Sherri M. Ritchey, an adult individual who currently resides at 120 Lebo Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Plaintiff and Defendant are husband and wife having been married on June 13, 1998. 4. The parties are the natural parents of the minor child, Hunter J. Ritchey, D.O.B. November 27, 1999 (hereinafter referred to as "child"). 5. Plaintiff seeks an award of primary or equally shared physical and legal custody of the child. 6. The child who is the subject of the instant custody petition has resided with Plaintiff and Defendant since birth. 7. During the past three years, the child has resided with the following people at the following addresses: Through July 2005 both parents - 120 Lebo Road Carlisle, PA 17013 August 2005 to Present - Defendant 120 Lebo Road Carlisle, PA 17013 8. The father of the child is Plaintiff who temporarily resides at the address set forth above. He is married to Defendant. 9. The mother of the child is Defendant who resides at the address set forth above. She is married to the Plaintiff. 10. The Plaintiff is the natural father of the child. Plaintiff currently resides with a male friend pending location of an appropriate residence. 11. The Defendant is the natural mother of the child. It is unknown with whom the Defendant resides. 12. A current temporary custody order exists in association with a Protection from Abuse Action docketed to No. 05-3757 in the Court of Common Pleas of Cumberland County, Pennsylvania. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. An Order of Court is necessary to develop a routine period of custody along with holiday schedules and terms which address other important dates and transportation schedules for custodial purposes. 15. The best interests and permanent welfare of the child will be served by ordering that both parties share legal custody 3 of the child and directing that the parties share physical custody of the child for the following reasons: (A) Plaintiff has been extensively involved in the child's life and the care of the child since the child's birth. (B) Plaintiff has as much time available to participate in the care of the child as the does the Defendant. (C) The best interest of the child will be served by the child spending substantial periods of time with each parent. 16. Plaintiff is capable of insuring a supportive and loving environment for the child, and insuring that the child is properly cared for, including making arrangements for day care, when necessary. 17. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Jonathan G. Ritchey, Plaintiff herein, respectfully requests that your Honorable Court enter a Custody Order which grants Plaintiff and Defendant joint legal custody, and which grants Plaintiff primary physical or shared custody with substantial periods of physical custody to Defendant. Andrew C. Sheely, Es Attorney for Plainti Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Date: August 17, 2005 4 . , VERIFICATION 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. Date: August /7 , 2005 G. Ritchey ~ -{4. p -- - ~ll - r.Il k) C) - ~ -,) \"" r..I( F- ~ -c:.. ~ 1:: w o.v f. (") ;.- \'.':';: ....' cs~ ';er'" -r::. '-' C;'J Q, -' ~~~(G -.J'"\' :J 7~\q n " -t -""i:) (:0-")(') ~ :.;~ r\\ ::;:.. -, J:'- ~A ," 1Q -- ."'" c:::> ...,.", (~,.., (,-. C. 'j~ >::~ - ~ JONATHAN G. RITCHEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-4221 CIVIL ACTION LAW SHERRI M. RITCHEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, An!!ust 24, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Suuday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbur!!, PA 17055 on Wednesday, Seplember 21, 2005 at 11:30 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 for entry of a temporary or permanent order. Tbe court hereby directs the parties to furnish any and all existing I'rotection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 hours prior to scbeduled bearin\!. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator ~ 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 imd 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 A TTORNEY 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) 249-3 166 ~$n> ~ ~,L. '~ ;:?~. '~ Yr?_~:$ ii":... - ~k; y". -'t>.", r ~ r -? ~ ~.~ --2>.-"",,,,, ,. '-It('''l\FPM \/,if\V/\ i/\01_':I\;"~,:M:J1'\ . ,- '-", "-' ':+!"--j \1 IV )JNfL-,: '.' , , ., 28 :8 lid S2 :Jnv SOOl "'" ''''lid 3Hl:lO ,. ""':1(\"\ 1"'-, 1 \JI."i. "" V"'"'~ "ll,J ^-.... ., :"". r{, t l,r\_Q,:1 :! :1vU::J\-.' ~'" JONATHAN G. RITCHEY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PA v. : DOCKET NO.: 05-4221 SHERR! M. RITCHEY Defendant : CIVIL ACTION - CUSTODY ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for Defendant, Sherri Ritchey, in the above-captioned matter. Respectfully submitted, ABOM & KUTULAKIS, LLP DATE Kara W. Haggerty, E q e 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 IDNo.86914 CERTIFICATE OF SERVICE AND NOW, this -+J /6 day of~et"ref"Ila,>tL 2005, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing document by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Respectfully submitted, MOM & KUTULAKIS, L.L.P. Kara W. Haggerty ( ID No. 86914 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Defendant (") ....... = 0 c = " s: en -00:; en :r:n f1''1rr J"T1 Z-r -0 m,..... zt~ :g.~ en ,r: C7\ _.-;e 0 ,-'le' =rt-l '< . )>C -0 cs,j ~(-~ ::z: -~() )>c r:-? Om -;r- 35 ~ '" J:""' -< JONATHAN G. RITCHEY Plaintiff : RECEIVE!') OCT 2 I: 2005 BY: N\~(.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA l\ . vs. 05-4221 CIVIL ACTION LAW SHERRI M. RITCHEY Defendant IN CUSTODY ORDER OF COURT AND NOW, this '2. '}- day of Oc:.h.lo<' , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The provisions of this Order shall supercede and take precedence over the custody provisions set forth in the Protection from Abuse Order entered on August 10,2005. 2. The Father, Jonathan G. Ritchey, and the Mother, Sherri M. Ritchey, shall have shared legal custody of Hunter J. Ritchey, born November 27, 1999. 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. Pursuant to the tenns of this paragraph each parent shall be entitled to all records and infonnation pertaining to the Child including, but not limited to, school and medical records and infonnation. 3. The Mother shall have primary physical custody ofthe Child. 4. The Father shall have partial physical custody of the Child every weekend, beginning October 22, 2005, alternating between Saturday and Sunday from 10:00 a.m. until 6:00 p.m. In addition, the Father shall have custody of the Child every week on Monday, Wednesday and Friday when the Father shall pick up the Child after school until 7:45 p.m. on Monday and Wednesday and until 8:30 p.m. on Friday. 5. In 2005, the Father shall have custody ofthe Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and on the Friday following Thanksgiving for his regular period of custody, for which the Father shall pick up the Child at the Mother's residence before 4:30 p.m. and have custody of the Child until 8:30 p.m. 6. In 2005, the Father shall have custody ofthe Child on Christmas Day from 12:00 noon until 7:00 p.m. and the Mother shall have custody ofthe Child for the remainder of Christmas. 7. Unless otherwise specified in this Order, the parties shall exchange custody of the Child at Sheetz on Route 11 and Route 465 in Plainfield. ;.,J ("-\ 8. The Father shall be entitled to have reasonable telephone contact with the Child and shall be permitted to contact the Mother by telephone for the sole purpose of discussing the custody arrangements or other related issues concerning the Child. Telephone conversations between the Father and the Mother shan be restricted to issues concerning the Child. 9. 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 writing. In the absence of mutual consent in writing, the terms of this Order shan control. BY THE COURT, /1J J. J JONATHAN G. RITCHEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-4221 CIVIL ACTION LAW SHERRI M. RITCHEY Defendant IN CUSTODY Prior Judge: Kevin A. Hess 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hunter J. Ritchey November 27,1999 Mother 2. A conciliation conference was held on October 20, 2005, with the following individuals in attendance: The Father, Jonathan G. Ritchie, with his counsel, Andrew C. Sheely, Esquire, and the Mother, Sherri M. Ritchey, with her counsel, Kara W. Haggerty, Esquire and her assistant, Kathleen Engle. 3. The parties agreed to entry of an Order in the form as attached. tJ r..:h:;j;, /' c.:J ~ .;:t::oS Date Q...~ Dawn S. Sunday, Esquire Custody Conciliator