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Home My WebLink About05-5037 PATRICK E. MIDGLEY, JR. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION ABIGAIL ANN MIDGLEY, Defendant : NO. D S' - 503 7 CIVIL TERM NOTICE A complaint has been filed in the Court of Common Pleas of Cumberland County concerning custody, partial custody and visitation of the following children: Haily Kay Midgley and Madeline Ann Midgley The Court has learned you may have a legal interest in custody, partial custody or visitation of the children named. No Order of Court is attached hereto as the parties have entered into a Stipulation and Agreement being filed contemporaneously herewith and said Stipulation and Agreement has a Court Order attached thereto there being no need for the scheduling of a Conciliation Hearing If you wish to claim the right of custody, partial custody or visitation, you may file a counterclaim. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle, P A 17013 Phone: (717) 249-3166 PATRICK E. MIDGLEY, JR. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION ABIGAIL ANN MIDGLEY, Defendant : NO.Ot - S'o.?,7 CIVIL TERM COMPLAINT FOR CUSTODY L The Plaintiff is Patrick E. Midgley, Jr. residing at 127 Walnut Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Abigail Ann Midgley, residing at 302 South Hanover Street, 2nd Floor, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks a custody order regarding the following children: NAME RESIDENCE DOB AGE Haily Kay Midgley Madeline Ann Midgley shared between above addresses shared between above addresses 4/6/2000 4/21/2002 5 3 Haily was born out of wedlock. Madeline was not born out of wedlock. Custody of the children is presently being shared between the parties. During their lives, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATES Patrick & Abigail E High Street, Carlisle, P A 17013 Summer 2000 Patrick & Abigail 515 Highland Court, Carlisle, PA 17013 June 2000 to August 2002 Patrick & Abigail 127 Walnut Street, Carlisle, P A 17013 August 2002 to July 2005 Shared between 127 Walnut Street, Carlisle And 302 S Hanover Street, Carlisle July 2005 to present The mother ofthe children is Abigail Ann Midgley, currently residing at 302 S. Hanover Street, Carlisle, P A 17013. She is married. The father of the children is Patrick E. Midgley, Jr., currently residing at 127 Walnut Street, Carlisle, P A 17013. He is married. 4. The relationship ofthe Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: children only 5. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following persons: children only 6. Plaintiff has not participated as a party or witness, or in ~mother capacity, in other litigation concerning the custody ofthe 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: The requested Court Order will formalize the shared custody arrangement that has existed and will discourage the use of the children in a manipulative way. 8. 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 per the signed attached Stipulation. Respectfully submitted, ANDREWS & JOHNSON By: ~ P. Andrews, Esq. Att ey for Plaintiff 78 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I verifY that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities. DATE: q-'d- 3-0.5, ~ ~f ~'kE M~S~ PATRICK E. MIDGLEY, JR Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION ABIGAIL ANN MIDGLEY, Defendant : NO. CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that on this date, September 26,2005, I mailed a copy of Custody Complaint to the following person at the following address by U.S. Mail, postage prepaid, delivered to addressee only: Abigail Ann Midgley c/o Grace D' Alo, Esquire Mid Penn Legal Services 8 Irvine Row Carlisle, P A 17013 I verify that the statements made in the foregoing Certificate of Service 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. ANDREWS & JOHNSON By: ayl P. rews, Esq. orneys for Plaintiff 78 W. Pomfret Street Carlisle, P A 17013 (717) 243-0123 ~ (") \J c --.. f( --- " --- ~ - .1::. ~ ~~ ~ b 1-- .-t:...., ~ ~ c> en :i ~l rn~0 ; ?!~, t::t:> -~. 4'\ -0 ~,:}(") :r.:. ~"~")('f1 n,..' (,...1 ::-A .. :z, f") :<- r" - c., ./ Rr-r>-r-" ._~ ::'--... fj ..... "'1r'" , '::I.,,_,.'::~ __," - . 'JV~ Patrick E. Midgley, Jr. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. (!)S' -5'03"/ CIVIL TERM : IN CUSTODY Abigail Ann Midgley Defendant AND NOW, this t/<tV'- ORDE~~ day of C;:of';i'm~er, 2005, in consideration of the attached Stipulation Regarding Custody and Visitation, it is hereby ordered that: (I) Shared legal custody of Haily Kay Midgley and Madeline Ann Midgley, as contemplated by the Act of November 5,1984, P.S. gIOOI, et seq., is awarded to Mother and Father. (2) Physical custody of the Children, Haily Kay Midgley and Madeline Ann Midgley, shall be shared by Father and Mother in accordance with the following schedule: (a) On Mondays, Mother shall pick the children up at Father's residence at 7:30 AM. Mother shall get the child or children to school. Father shall pick the children up at Mother's residence at 4:00 PM, and Father shall keep the children until the next morning. (b) On Tuesdays, Mother shall pick the children up at Father's residence at 7:30 AM. Mother shall get the child or children to school. Mother shall keep the children until Wednesday afternoon. (c) On Wednesdays, Father shall pick the children up at Mother's residence at 4:00 PM, and he shall keep them until Thursday morning. (d) On Thursdays, Mother shall pick the children up at Father's residence at 7:30 AM. Mother shaH get the child or children to school. Father shaH pick the children up at Mother's residence at 4:00 PM, and Father shall keep the children until the next morning. (e) On Fridays, Mother shaH pick the children up at Father's residence at 7:30 AM. Mother shall get the child or children to school. Father shaH pick the children up at Mother's residence at 4:00 PM. Mother shall pick the children up at Father's residence at 10:00 PM and shaH keep the children until Saturday at 3:00 PM. (f) On Saturdays, Father shaH pick the children up at Mother's residence at 3:00 PM, and Father shaH keep the children until Monday morning when Mother shall pick up the children as indicated in (a) above. (g) Mother and Father shall split the time with the children on Thanksgiving Day with a switch made at 2:00 PM. Mother shaH have Thanksgiving morning in odd numbered years, and Father shaH have Thanksgiving morning in even numbered years. (h) The parties' time with the children at Christmas time shall be shared by the designation of custody time A from December 24th at noon to December 25th at noon, and custody time B from December 25th at noon to December 26th at noon. Mother shall have custody time A in even numbered years and custody time B in odd numbered years. Father shaH have custody time B in even numbered years and custody time A in odd numbered years. . (i) The parties' time with the children shall be shared at Easter with custody time A being from Easter Saturday at noon to Easter at 1 :00 PM, and custody time B being from Easter at 1 :00 PM until Easter at 7:00 PM. Mother shall have custody time A in even numbered years and custody time B in odd numbered years. Father shall have custody time B in even numbered years and custody time A in odd numbered years. G) Either parent may plan a summer vacation with the children for up to 9 consecutive days without interruption by custody by the other parent, provided that the time is spent away from the Carlisle home, and also provide that at least 45 days notice is given to the other party. (k) The terms of this order may be chang J. . ','r.' c,<'"' .1111H ""t.. 'I nit IJ - DO SDGZ ."""" ,,,.,,. ~H' -'0 ^t1V..L'<>i'~~...r'l.i.UGG ::;: 1 .:J' .::I8:-'::0-0:111:l