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HomeMy WebLinkAbout06-3878 .' MELINDA M. DEWITT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ; NO. Ot.. - .3 nY (!IOL{T 6?-rL SHEAN A. ADMAN, Defendant : CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Melinda M. DeWitt, residing at 510 Kevin Court, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Shean A. Adman, residing at 114 N. Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE DOB Caleb J. Adman 510 Kevin Court Camp Hill, PA 17011 5/31/06 1 month The child was born out of wedlock. The child is presently in the custody of Plaintiff/Mother, Melinda M. DeWitt, who resides at 510 Kevin Court, Camp Hill, PA 17011. During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Melinda M. DeWitt and Amber M. DeWitt 510 Kevin Court Camp Hill, PA 17011 5/31/06 to The mother of the child is the Plaintiff, Melinda M. DeWitt, currently residing at 510 Kevin Court, Camp Hill, PA 17011. She is single. , The father of the child is Defendant, Shean A. Adman, currently residing at 114 N. Market Street, Mechanicsburg, PA 17055. He is single. 4. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: NAME Caleb J. Adman Amber M. DeWitt RELATIONSHIP Son Sister 5. The relationship of the Defendant 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 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 or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff/Mother is better qualified to care for a one month old infant and is more stable than the Defendant/Father. 8. 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 a party to this action. . WHEREFORE, Plaintiff requests the Court to grant custody of the child. Respectfully submitted, FRIEDMAN & KING, P.C. DateC}~/!~ ".... -- Richar S. Friedman, Esquire 600 . Second Street Penthouse Suite P.O. Box 984 Harrisburg PA 17108 (717) 236-8000 Attorney for Plaintiff . VERIFICATION I, Melinda M. DeWitt, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: % (PI ?a.>(P f{f1DI;;Yt[/rL 111 fJp rviA16 Melinda M. DeWitt ~ ~ ~ ...... 1. ..... ).) . 8 10 r.~~ ........ _..- ~ ~ fl 0 -'r~ ~ - ..... - C\ $ c.; ~ c.) ..1 --< . ..,.. MELINDA M. DEWITT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-3878 CIVIL ACTION LAW SHEAN A. ADMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 12,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsbur2, PA 17055 on Tuesday, AnRust 22, 2006 , the conciliator, 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 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 hearinR. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. 4A/ 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 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 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 ~...~ P 4- I'tr~ ~ "l(} ~/.L .h ~ ~. ~ ~(}- 'elL ~pfp!;l~~-n 'J(l'7!:/"L. r ,'i 'n;" I' 'I ? I ", ,i' r_.j .' '" J' ,., .1 ,:1 MELINDA M. DEWITT Plaintiff IN THE COURT CUMBERLAND C RECEIVED AUG a 4 . pMMON 'PfEAS OF v\ vs. 06-3878 CNIL ACTION LAW SHEAN ADMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3>~ day of Av(~ ,/ , 2006, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The Mother, MelindaM. DeWitt, and the Father, Shean Adman, shall have shared legal custody of Caleb J. Adman, born May 31,2006. 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. Each parent shall be entitled to equal access to all records and information concerning the Child, including, but not limited to, all medical and school records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on a gradually increasing schedule as follows: During the weekend from August 26 - 27,2006, the Father shall have custody of the Child on Saturday from 1 :00 p.m. through 5 :00 p.m. and on Sunday from 9:00 a.m. through 12:00 noon. During the weekend of September 2-3, the Father shall have custody on Saturday from 1 :00 p.m. through 5:00 p.m. and on Sunday from 9:00 a.m. through 12:00 noon. Beginning on the weekend of September 9, 2006 and continuing thereafter until the Child's surgery on September 21, the Father shall have custody every Saturday from 10:00 a.m. through 7:00 p.m. On the weekend following the Child's surgery, the parties shall make any necessary adjustments to the schedule to accommodate the Child's recovery. Thereafter, the parties shall cooperate in expanding the Father's custodial periods to full alternating weekends as soon as possible after the Child's surgery. The parties shall cooperate in discussing further expansion of the Father's custodial periods on an ongoing basis as appropriate to the Child's adjustment. ALEO-<JFROE OF THE PROT!~ONOTA.RY 2006 AUE; 30 AN II: Ii 6 Cuv.c.' """I'lY I '-;~~;, .~j <>(.:Ui' V I r::JC',,, ".\... \ 'H 'A I C./"~'l\::::) L//\I\i/ >. 4. In 2006, the parties shall share having custody of the Child over Thanksgiving with the Mother having custody on Thanksgiving Day until 4:00 p.m. and the Father having custody from Thanksgiving Day at 4:00 p.m. until the Friday after Thanksgiving at 5:00 p.m. 5. In 2006, the parties shall share having custody of the Child over Christmas, with the Father having custody from the Friday before the holiday at 5 :30 p.m. through Christmas Day at 11 :00 a.m. and the Mother having custody from Christmas Day at 11 :00 a.m. through the following weekend. 6. In every year, the parties agree that the Father shall have custody of the Child on Father's Day and the Mother shall have custody on Mother's Day. 7. The Mother shall provide information to the Fatherregarding the Child's medical care and treatment, including regular check-ups, on an ongoing basis. The Mother shall advise the Father of the time and place of the Child's pre-surgical appointment on September 18, 2006 as soon as possible. 8. Counsel for either party or an unrepresented party may contact the conciliator to schedule an additional conference if necessary to review the custody arrangements after the partial custody schedule has been expanded to alternating weekends. 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 the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: ~hard S. Friedman, Esquire - Counsel for Mo c~ean Adman - Father . ;JJ J. \p C,O ~?J MELINDA M. DEWITT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 06-3878 CIVIL ACTION LAW SHEAN A. ADMAN Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CML 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 Caleb J. Adman May 31,2006 Mother 2. A custody conciliation conference was held on August 22, 2006, with the following individuals in attendance: The Mother, Melinda DeWitt, with her counsel, Richard S. Friedman, Esquire, and the Father, Shean Adman, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. flv ~+ () 3 ;;l cou Date .C:~ Dawn S. Sunday, Esquire Custody Conciliator MELINDA M. DEWITT Plaintiff JEe 0 S20V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v\ vs. 06-3878 CNIL ACTION LAW SHEAN ADMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior of this Court dated August 30, 2006, is vacated and replaced with this Order. 2. The Mother, Melinda M. DeWitt and the Father, Shean Adman, shall have shared legal custody of Caleb J. Adman, born May 31, 2006. 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. Each parent shall be entitled to equal access to all records and information concerning the Child, including, but not limited to, all medical and school records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday through Sunday. Beginning in April 2007, the Father shall be entitled to have an expanded weekend period of custody for four days during one weekend every two months for the purpose of enabling the Father to take the Child to visit the Child's paternal grandparents in New York. The parties shall select the extended weekend by agreement. 5. The parties shall share having custody of the Child on holidays as follows: A. Christmas: In 2006, the Father shall have custody of the Child from the Friday before Christmas at 5:30 p.m. to Christmas Day at 11 :00 a.m. and the Mother shall have custody from Christmas Day at 11 :00 a.m. through the following weekend. In the future, the odd-numbered years, the Mother shall have custody of the Child from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and the Father shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years, the Father shall have custody of the Child from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. B. Thanksgiving: In every year, the Mother shall have custody of the Child on Thanksgiving Day until 4:00 p.m. and the Father shall have custody of the Child from Thanksgiving Day at 4:00 p.m. until the Friday after Thanksgiving at 5:00. C. Mother's DavlFather's Dav: In every year, the Father shall have custody of the Child on Father's Day and the Mother shall have custody on Mother's Day with the specific times to be arranged by agreement between the parties. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. The Mother shall provide information to the Father regarding the Child's medical care and treatment, including regular check-ups, on an on-going basis. 7. Unless otherwise agreed between the parties, the parent receiving custody of the Child shall provide transportation for the exchange of custody at the other parent's residence. Therefore, the Father shall pick-up the Child at the beginning of his periods of custody and the Mother shall pick-up the Child at the end of the Father's periods of partial custody. 8. Neither party shall smoke in the presence of the Child. The parties shall ensure that third parties having contact with the Child refrain from smoking in the Child's presence during his or her periods of custody. 9. Neither party shall use illegal drugs or drink alcohol to the point of intoxication during his or her periods of custody with the Child. 10, Both parties shall ensure that the Child is dressed appropriately for the weather at the time of custody exchanges. 11. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that parent shall notify the other parent of the address and telephone number where the Child can be contacted. 12. In the event either parent is unavailable during his or her period of custody for an overnight period or longer, that parent shall first offer the other parent the opportunity to provide care for the Child during that parent's unavailability before contacting third-party caregivers. 13. Both parties agree to be flexible in making adjustments to the custody schedule to accommodate the other parent's need to have custody of the Child for a special occasion for which the parent requesting the extra time with the Child shall be responsible to provide all transportation to and from the other parent's residence. 14. 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 the absence of mutual consent, the terms of this Order shall control. BYTHE COUR: L Kevin . ess J. cc: ~F. King, Esquire - Counsel for Mother ~ean Adman - Father ~ ~ ~ ;1 ..~ ~ I ~ "., MELINDA M. DEWITT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-3878 CIVIL ACTION LAW SHEAN ADMAN 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 CURRENTL Y IN CUSTODY OF Caleb J. Adman May 31,2006 Mother 2. A custody conciliation conference was held on December 5, 2006, with the following individuals in attendance: the Mother, Melinda M. Dewitt, with her counsel, John F. King, Esquire, and the Father, Shean Adman, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ~Le: drJo(l /2.. .d._~(}". Date Da~~a;,~~ Custody Conciliator