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Home My WebLink About05-5392 JOHN H. SAVIDGE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. Defendant CIVIL ACTION - CUSTODY NO. OS" - SJr;z C'"{.>I'L '!-~ AMY C. SAVIDGE NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court may enter a decree of divorce or annulment against you. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the first floor in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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, PA 17013 1-800-990-9108 . JOHN H. SAVIDGE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - CUSTODY AMY C. SAVIDGE Defendant NO. OS' - K39~ C.uIL '1~ CUSTODY Plaintiff, John H. Savidge, by and through his attorney Gail Guida Souders, respectfully avers the following counts through Civil Procedure Rule 1915.15 (a): 1. The Plaintiff is John H. Savidge, (hereinafter "Father") residing at 18 Columbia Drive, Camp Hill, PA 17011. 2. The Defendant is Amy C. Savidge (hereinafter "Mother") residing at 1934 Kent Drive, Camp Hill, PA 17011. 3. Plaintiff seeks joint physical and legal custody of the following children: Name Present Residence Emily M. Savidge 1934 Kent Drive Carolyn G. Savidge Camp Hill, Pa 17011 Benjamin H. Savidge D.O.B. 11/07/94 04/12/97 11/19/99 4. The children are presently in the custody of the Mother who is residing at 1934 Kent Drive, Camp Hill, Pa 17013. 5. During the past five years, the children have resided with the following persons and at the following addresses: Names Emily M. Savidge Carolyn G. Savidge Benjamin H. Savidge Residences 1934 Kent Drive Camp Hill, Pa 17011 Dates June 2004-to present John H. Savidge Amy C. Savidge Benjamin H. Savidge Emily M. Savidge Carolyn G. Savidge 18 Columbia Drive Camp Hill, Pa 17011 2000- June 2004 6. The mother of the children is Amy C. Savidge, residing at 1934 Kent Drive, Camp Hill, PA 17011. She is married. 7. The father of the children is John H. Savidge, residing at 18 Columbia Drive, Camp Hill, PA 17011. He is married. 8. The relationship of the Plaintiff to the children is that of father-children. 9. The relationship of the Defendant to the children is that of mother-children. The children are currently living with the mother. 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Parties lived within a mile from each other. b. The parties have been practicing a custodial schedule where the children spend most weekends with father and during the week with father until approximately 8 P.M. in the evenings. c. Father is active in the children's lives. d. Father resides in the marital residence where the children have lived. e. The proposed custody arrangement will provide the children in a stable environment and be consistent with the current arrangement. 11. 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, the Plaintiff requests the court to grant him joint physical custody and legal custody of his children. J1Jt /'\ ~:- Gail Guida Souders Attorney for the Plaintiff Guida Law Offices 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Supreme Court ID# 68740 1, -=:r::;.N f/ '- <),A.VItYJ.~erify that the statements made in this . 6....rJ...v1 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904, relating to unsworn falsification to authorities. ( I I if ~ x DATE:~S" . , JfiJ1~- ATTORNEY FOR ?~(~~~ ;a D -iQ 'i "', tt :::::- {~ 0 i-:.~ :-- C,--, -n C:J ,;-:I ~ ...-) c;-i ..... ~_..j f'- t: D 8 -_I ~ '\l ~ -u (}, p:::: (~) '" $? co -..(.-f.- JOHN H. SAVIDGE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5392 CIVIL ACTION LA W AMY G. SAVIDGE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, .. Thursday, October 20, 2005 _' upon consideration of the attached Complaint, it is hereby directed 1hat pal1ies and their respec1ive counsel appear before Melissa P. Greevy, Esq. , the conciliator, at ___~_QL Man I~_~e I s,J2_01~~~_Si., Camp Hill, ~~O 1 L on___.-!.':.idar._N o_~~fI!!l~r 11, _~OOS_________ at l_!.:~~_;\M for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve 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 appear at the conference may provide grounds for 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 HIE COURT, By: ~_ Melissa.f. Greevy, Es.~__-----Tff(il Custody Conciliator f' 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 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 O!\CE. IF YOU DO NOT HA VE 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 ~ ft.? ~ I7fT?JW ~} /~4 fp'.? /"r ~d, ~ fiv.j! ~~7V ~/ /'~ o Ii : . "~ :~::~ .\. ') ::; .52/- or:' rJ! 5(/'(,;'P (7/ _i'V' Jr'- <7/ . .. , ~ ".1.)'-7 /1-'" !If; !J JOHN H. SAVIDGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5392 CIVIL TERM v. CIVIL ACTION - LAW AMY C. SAVIDGE, IN CUSTODY Defendant ORDER OF COURT AND NOW, this;) ~ 01 day of November, 2005, upon consideration of the attached Custody ConCiliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, John H. Savidge and Amy C. Savidge, shall have shared legal custody of the minor children, Emily M. Savidge, born November 7, 1994; Carolyn G. Savidge, born April 12, 1997; and Benjamin H. Savidge, born November 19, 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 children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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. A. beginning Sunday. Father will have custody for the weekend of November 11, 2005 on Friday after school or work and continuing until 6:00 p.m. on B. Commencing November 18, 2005, Father and Mother will alternate weekend periods of custody from Friday after school or work until Sunday at 6:00 p.m. with Father's first alternating weekend to begin November 18, 2005 and Mother's first alternating weekend to begin November 25, 2005. C. Father will have custody two (2) evenings during the week from after school until 8:30 p.m. on two (2) weekdays mutually selected by the parties. D. When Father does not have custody, Mother shall have custody. NO. 05-5392 CIVIL TERM 3. Holidays. The parents shall share custody during the holidays by their mutual agreement. 4. Summer VacatiDn. The parties shall be entitled to custody of the children for purposes of summer vacation, as arranged by their mutual agreement. 5. In the event that a family care plan is needed by reason of Father's military deployment, Mother shall have primary custody during that period of deployment. 6. This Order is temporary in nature and shall be subject to modification by mutual agreement of the parties. However, in the event the parties cannot agree, the terms of this Order shall control. ....~ , . . ~ / BY~ J. Dis!: Gail Guida Souders, Esquire, 111 Locust Street, Harrisburg, PA 17101 '> {'ALIA';' .~ /1.)3. b t Amy C. Savidge, 1934 Kent Drive, Camp Hill, PA 17011 I - 'IJ--' CJ-- },,-U' '":''' ,....... BE :2 !) 1 C2 tIO:"J SJGZ j() 11 0)')- w!V'pj Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5392 CIVIL TERM JOHN H. SAVIDGE, v. CIVIL ACTION - LAW AMY C. SAVIDGE, 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 children who are the subject of this litigation is as follows: CURRENTLY IN THE CUSTODY OF NAME DATE OF BIRTH Emily M. Savidge Carolyn G. Savidge Benjamin H. Savidge November 7, 1994 April 12, 1997 November 19, 1999 Mother Mother Mother 2. The parties' first Custody Conciliation Conference was scheduled for November 11, 2005 following Father's filing of a November 17, 2005 Complaint for Custody. Attending the Conference were: the Father, John H. Savidge, and his counsel, Gail Guida Souders, Esquire; the Mother, Amy C. Savidge, participated pro se. 3. The parties reached an agreement in the /1!J1{~ ~ate ead:263217