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HomeMy WebLinkAbout05-5118 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- s'/t f ~ 'It- LINDA S. MINNICK, Plaintiff v. CIVIL ACTION - LAW HARRY G. MINNICK, JR., Defendant CUSTODY COMPLAINT IN CUSTODY AND NOW, Plaintiff, LINDA S. MINNICK, files a Complaint for Custody of which the following is a statement: I. The Plaintiff is LINDA S. MINNICK, an adult individual who resides at 9 Highland Drive, Camp Hill, Cumberland County, Pennsylvania 170 II. 2. The Defendant is HARRY G. MINNICK, JR., an adult individual who resides at 2811 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Present Address Date of Birth Justin E. Minnick 9 Highland Drive Camp Hill, PA 17011 August 6, 1997 The child was born in wedlock. The child is presently in the custody of the mother, LINDA S. MINNICK, who currently resides at 9 Highland Drive, Camp Hill, Cumberland County, Pennsylvania 170 II. During the past five (5) years, the child resided with the following persons at the following addresses: Persons Address Date Plaintiff 9 Highland Drive 6/1/04 to present Camp Hill, PA 17011 Plaintiff 3 Richland Lane 8/1/03 to 6/1/04 Camp Hill, PA 17011 Plaintiff Defendant 5217 Deerfield Avenue 2000 to 8/1103 Mechanicsburg, PA 17055 The mother of the child is LINDA S. MINNICK, who currently resides at 9 Highland Drive, Camp Hill, Cumberland County, Pennsylvania 17011. She is divorced. The father of the child is HARRY G. MINNICK, JR., who currently resides at 2811 Spring Road, Carlisle, Cumberland County, PA 17013. He is divorced. 4. The relationship of Plaintiff, LINDA S. MINNICK, to the child is that of mother. The plaintiff currently resides with the following persons: The parties' child, Justin E. Minnick. 5. The relationship of Defendant, HARRY G. MINNICK, JR., to the child is that of father. The defendant currently resides alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of any 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. 7. The best interests and permanent welfare of the child will be served by granting primary physical custody to the Plaintiff because the Plaintiff is in the better situation to provide primary physical custody. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: (None) WHEREFORE, Petitioner respectfully requests that this Honorable Court grant primary physical custody of the child to Plaintiff. Respectfully submitted: B~).1)1~ Linda S. Minnick, Pro se DATE: qJn/oj' CERTIFICATE OF SERYICE I hereby certify that I have, this day, served the herein Custody Complaint to the party indicated below by regular first class U. S. mail and by certified mail. return receipt requested. Harry G. Minnick, Jr. 2811 Spring Road Carlisle, PA 17013 DATE: q / J. 3 /0:5 , . ~ ).17~1 Linda S. Minnick YERIFICATION I, Linda S. Minnick, hereby certify that I am the attorney for the Plaintiff and that the information contained in the herein petition is based on information give to me by the Plaintiff and is true and accurate to the best of my knowledge, information and belief. ~J.1J;~~L Linda S. Minnick DATE: Q/:;yfo:'5 ...., 0 n = C',; C:;-,} -,-, Cfl .... ~ , (I") ::r-n , r\ (n;:;:;::;: " ',-- ~ !-..'..: r", ~ ~ C) '-'\ -;7.:0<1 ..... ;:.R: .- .... C " .. "" -- U1 '" -- {,J) -.. l> '0 \, Plaintiff DEe 2 8 2005 IN THE COURT OF COMMONtEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5118 CIVIL TERM ~ ~ LINDA S. MINNICK, v. CIVIL ACTION - LAW HARRY G. MINNICK, JR.. IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this ~ day of of the attached Custody Conciliation Summary follows: , 2006, upon consideration hereby ordered and directed as 1. Leqal Custody. The parties, Linda S. Minnick and Harry G. Minnick, Jr., shall have shared legal custody of the minor child, Justin E. Minnick born August 6, 1997. 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 terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective January 6, 2006, Father shall have custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m. B. At such other times as the parties may mutually agree. 3. Transportation. The parties will continue the transportation arrangement as has been the past practice during their separation which was arrived upon by their agreement 4. Vacation. Each parent shall be entitled to up to two (2) non-consecutive seven (7) day uninterrupted periods of vacation to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty-day written notice for NO. 05-5118 CIVIL TERM their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, before departing for the vacation, each parent shall provide a telephone number and location where they can be reached during the vacation. 5. Holidays. The attached holiday schedule shall supercede the regular alternating weekend schedule. ~ 6. The parties may deviate from the terms of this Order upon their mutual agreement. However, in the absence of their mutual agreement the terms of this Order shall control. BY THE COURT: ~{~~ J. Dis!: hda S. Minnick, 9 Highland Drive. Camp Hill, PA 17011 ~arry G. Minnick. Jr., 2811 Spring Road, Carlisle, PA 17013 ~o~ 0\,0 ~.,.:n" ,~ IV S :D 1.11) ~ I '1 i-,'_ Ut'r ~:~n7 H '" ,,'-,;.'''~ ,n j1......' . . . NO. 05-5118 CIVIL TERM HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1 st Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 20d Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 151 Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 20d Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :260890 Plaintiff DEe 2 8 2005 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5118 CIVIL TERM . LINDA S. MINNICK, v. CIVIL ACTION - LAW HARRY G. MINNICK, JR., IN CUSTODY Defendant 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: DATE OF BIRTH CURRENTLY IN THE CUSTODY OF NAME Justin E. Minnick August 6, 1997 Mother 2. Mother filed a Complaint for Custody on September 30, 2005. The Conciliation Conference was scheduled for November 18, 2005. Unfortunately, Father did not attend the November 18th Conference and Mother had no proof of service. Accordingly, the Conciliation Conference was rescheduled on November 21,2005 to December 20,2005 at 9:00 a.m. The Plaintiff Mother, Linda S. Minnick, pro se, appeared. The Father, Harry G. Minnick, Jr., did not appear. However, Mother had a restricted delivery return receipt from service of the Order indicating that Father had been served on December 9, 2005. A copy of the green card is attached to the Conciliator's report and the original is to be included in the Court's file. Accordingly, the Conference proceeded without Father's participation. 3. The Conciliator met with Mother for about one half hour. Father did not attend. Mother seeks to confirm the present arrangement with regard to weekends and to have a predictable schedule of holidays upon which the parties can rely if they have no other agreement. Accordingly, the Conciliator recommends an Order in the form as attached. I~/;;A 1/0$ /' ( 1f:.:;;!w Crtvvl Date M tissa Peel Greevy, Esquire Custody Conciliator :265388 . , . LINDA S. MINNICK, Plaintiff v. HARRY G. MINNICK, JR.. Defendant I SENDER: COMPLETE THIS SECTION . Complete items 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 back of the ma\\p\ece, or po the front if space permits. ~1~Add",ssed to: ~R'l . " fIy/'v"J JJlIII"IC~ ~J( Sj,)YIJ1J J20{. CQvli's.lc) PH ./'10;'3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5118 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLETE THIS SECTION ON DELIVERY D. Is delivery address different fro If YES, enter delivery address 3. Service Type ';it Certified Mail 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D, 4. Restricted Delivery? (Extra Fee) ,;g:!: Yes 7005 1820 0007 7502 0507 2. Article Nu (Transfer! 102595-02-M-1540 PS Form 3811. February 2004 Domestic Return Receipt