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HomeMy WebLinkAbout06-5392 ROBERT W. HILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER: 1) - ,S3 9,)- ov) ( +tlP- ROBYN L. STIELY, Defendant CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, ROBERT W. HILL, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is ROBERT W. HILL, who currently resides at 685 Greggs Drive, Apartment 76, Harrisburg, County of Dauphin, Pennsylvania. 2. Defendant is ROBYN L. STIELY, who currently resides at 238 Poplar Avenue, New Cumberland, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of temporary physical and shared legal custody with respect to ASHLEIGH TAYLOR STIELY, born July 2, 2002. The child was born out of wedlock. The child is presently in the custody of Defendant, ROBYN L. STIELY. Since birth the child has resided with the following persons and at the following addresses: from July, 2002, until July, 2004, with both Plaintiff and Defendant at 238 Poplar Avenue, New Cumberland, Pennsylvania; from July, 2004, until the present with Defendant at 238 Poplar Avenue, New Cumberland, Pennsylvania. • The mother of the child is ROBYN L. STIELY, who currently resides at 238 Poplar Avenue, New Cumberland, Pennsylvania. She is single. The father of the child is ROBERT W. HILL, who currently resides at 685 Greggs Drive, Apartment 76, Harrisburg, Pennsylvania. He is single. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with Stephanie Anderson and her daughter, Timlin. 5. The relationship of the Defendant to the child is that of mother. She currently resides with the child. 6. The 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 in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who 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 confirming rights of temporary physical and shared legal custody in Plaintiff because Plaintiff has been denied access to the minor child. 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 as parties to this action. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of temporary physical and shared legal custody in Plaintiff. Respectfully submitted, 41 -- CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements 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. Section 4904, relating to unsworn falsification to authorities. DATE ROBERT W. HILL C3 R v O? ROBERT W. HILL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBYN L. STIELY DEFENDANT 06-5392 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 19, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 25, 2006 at 10:30 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 hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. t40 Custody Conciliator r 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 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) 249-3166 Ao) ov ac, VNVAIASNN3d ,tiNnm ns.'y ?H emJ 6S ?6 n OZ d3S 9002 Add t ONOI- ' Odd 3Hi -40 all! 0-OMY ROBERT W. HILL Plaintiff vs. ROBYN L. STIELY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5392 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ?- day of k9wy. ? , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Robyn Stiely, shall have primary physical and legal custody of Ashleigh Taylor Stiely. 2. The Father, Robert W. Hill, shall have periods of supervised visitation with the Child at the Harrisburg YWCA or other visitation facility agreed upon by the parties, to begin following the Father's upcoming hearing on unrelated matters on the condition that the Father does not receive a sentence of incarceration. The periods of visitation shall occur, at a minimum, on a weekly basis. Any costs for visitation shall be paid by the Father. The Mother shall provide all transportation for the Child to visitation sessions. 3. The parties agree that the Mother shall transport the Child to and from the residence of the Father's mother or sister on Thanksgiving Day to enable the Father to have a period of custody with the Child from 12:00 noon until 4:00 p.m. The Child shall not be removed from the residence of the Father's mother or sister during the period of custody. 4. The parties and counsel shall attend an additional Custody Conciliation Conference in the office of the conciliator, Dawn S. Sunday, on December 19, 2006 at 11:00 a.m. to review the custody arrangements after the Father has had visitation with the Child for six weeks. BY THE COURT, J. cc: Charles E. Petrie, Esquire - Counsel for Father -U G Elizabeth Stone, Esquire - Counsel for Mother lf? J* A 1t r.t ? 0 •'? 14j ?- Ii0, Y, 9,0102 -- . , - ROBERT W. HILL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBYN L. STIELY Defendant Prior Judge: none 06-5392 CIVIL ACTION LAW IN CUSTODY 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 Ashleigh Taylor Stiely July 2, 2002 Mother 2. A Custody Conciliation Conference was held on October 25, 2006, with the following individuals in attendance: The Father, Robert W. Hill, with his counsel, Charles E. Petrie, and the Mother, Robyn L. Stiely, with her counsel, Elizabeth Stone. 3. The parties agreed to entry of an Order in the form as attached. 0 C'4-0bZ'? a rL??? Date Dawn S. Sunday, Esquire Custody Conciliator DEC 8 8 Zoos ? ''? ROBERT W. HILL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBYN L. STIELY Defendant 06-5392 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 2 7' day of Pt.".» "- , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 2, 2006, is vacated and replaced with this Order. 2. The Mother, Robyn Stiely, shall have primary physical and legal custody of Ashleigh Taylor Stiely. 3. The Father, Robert W. Hill, shall have periods of supervised visitation with the Child at the. Harrisburg YWCA every Tuesday from 3:00 p.m. until 4:00 p.m., or as the parties otherwise agree. In addition, during one weekend per month, the Father shall have supervised visitation with the Child at the residence of the Father's mother from Friday evening until Sunday early afternoon, with the specific weekends and times to be arranged by agreement with the Father's mother. The Father shall not remove the Child from the paternal grandmother's residence except for activities accompanied by the paternal grandmother or paternal aunt, Heather. Unless otherwise agreed, the Mother shall provide transportation to and from the paternal grandmother's residence for the monthly weekend periods of custody. 4. The Father shall have a period of supervised visitation with the Child for the Christmas holiday on Christmas Eve for 3 hours to take place at the paternal grandmother's residence, with the paternal grandmother or paternal aunt, Heather, present. The specific times for the Christmas Eve afternoon visitation shall be arranged by agreement between the parties and the paternal grandmother. The Mother shall provide transportation to and from the paternal grandmother's residence under this provision, unless otherwise agreed between the parties. 5. The Father shall ensure that his girlfriend does not accompany him during periods of custody under this provision pending development of the Father-Daughter relationship at this time. 6. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on February 27, 2007, at 9:00 a.m. for the purpose of reviewing the custody arrangements. C • , i LZ 3-0 9 u t 'a I A . 7. 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. cc: Charles E. Petrie, Esquire - Counsel for Father Elizabeth Stone, Esquire - Counsel for Mother BY THE COURT, i ROBERT W. HILL Plaintiff VS. ROBYN L. STIELY Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5392 CIVIL ACTION LAW IN CUSTODY 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 Ashleigh Taylor Stiely July 2, 2002 Mother 2. A custody conciliation conference was held on December 19, 2006, with the following individuals in attendance: the Father, Robert W. Hill, with his counsel, Charles E. Petrie, Esquire, and the Mother, Robin L. Stiely, with her counsel, Elizabeth Stone. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator MAR 18 20D7 pf ? ROBERT W. HILL VS. Plaintiff ROBYN L. STIELY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5392 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of ?Z,1-2 , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in -Qom Number of the Cumberland County Courthouse on the fAr4 day of , 2007,4a %'A?AdNestimony will be taken. For purposes of this hearing, the Fat r, R ert W. Hill shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to hearing date. 2. Pending the hearing and further Order of Court or agreement of the parties, the prior Order of this Court dated December 27, 2006 shall continue in effect with the exception that the Father's weekday afternoon periods of custody shall take place at Chuck E. Cheese on Thursdays from 5:00 p.m. until 7:00 p.m. rather than the visitation at the YWCA, unless otherwise agreed between the parties. BY THE COURT, A? Kevin l' cc: /?arles A. Petrie, Esquire - Counsel for Father , lizabeth Stone, Esquire - Counsel for Mother r ,^O 1 /Ir J. .k ?yy i s-A ROBERT W. HILL Plaintiff VS. ROBYN L. STIELY Defendant Prior Judge: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5392 CIVIL ACTION LAW IN CUSTODY 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 Ashleigh Taylor Stiely July 2, 2002 Mother 2. A custody conciliation conference was held on February 27, 2007 with the following individuals in attendance: the Father, Robert W. Hill, with his counsel, Charles E. Petrie, Esquire, and the Mother, Robyn L. Stiely, with her counsel, Elizabeth Stone, Esquire. 3. This Court previously entered an Order in this matter on December 27, 2006, under which the Mother has primary physical and legal custody of the Child and the Father has supervised visitation with the Child during one weekend per month and every Tuesday afternoon. 4. A follow-up conciliation conference was held to review the custodial arrangements following the Father's compliance with the supervised visitation schedule. The parties were unable to reach an agreement at the conference as to ongoing custody arrangements and it will be necessary to schedule a hearing in this matter. 5. The Mother's position on custody is as follows: The Mother believes that the Father continues to drive while his license is suspended and also believes the Father is continuing to use drugs and alcohol to the detriment of his health and his ability to act responsibly. The Mother proposed that the Father participate in a drug and alcohol evaluation and also obtain documentation on an ongoing basis from his physician that he is complying with the prescribed treatment. The Mother does not believe the Father would intentionally harm or fail to care properly for the Child, but is concerned that his judgment and behavior may be impaired by alcohol, drug use and failure to consistently take prescribed medication. The Mother also stated that the Father had not complied with the schedule previously established in the December 2006 Court Order in that the Father missed parts of weekend periods of custody and entire weekday evening visitations at the YWCA. The Mother believes it would be in the Child's best interest to continue the visitation schedule for a longer period and to gradually expand the schedule, if appropriate, at a future date when the Mother's concerns regarding transportation and drug and alcohol use have been resolved. 6. The Father's position on custody is as follows: The Father indicated that his visits with the Child have been going very well and have continued on a regular basis. The Father does not believe that supervised visitation is necessary and prefers spending time with the Child in the Father's home where he has more room, toys, and comfortable surroundings. The Father indicated that he would not submit to drug and alcohol testing unless ordered by the Court and denies the Mother's allegations concerning his ongoing drug and alcohol use. The Father believes it would be in the Child's best interest to expand his periods of custody to alternating weekends, and a weekday evening without any requirement of supervision. 7. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter and providing for the Father's weekday period of custody to take place at Chuck E. Cheese rather than at the YWCA as agreed between the parties. It is anticipated that the hearing will require at least one half day. The Mother's counsel indicated that she intends to file a Petition for a Drug and Alcohol Evaluation of the Father prior to the hearing. ft,kd- S a oc) 7 Date Dawn S. Sunday, Esquire Custody Conciliator { ROBERT W. HILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER: 06-5392 ROBYN L. STIELY, Defendant CUSTODY MOTION FOR CONTINUANCE NOW COMES the Plaintiff, ROBERT W. HILL, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is ROBERT W. HILL, who currently resides at 685 Greggs Drive, Apartment 76, Harrisburg, County of Dauphin, Pennsylvania. 2. Defendant is ROBYN L. STIELY, who currently resides at 238 Poplar Avenue, New Cumberland, County of Cumberland, Pennsylvania. 3. Plaintiff is presently incarcerated in the Dauphin County Prison and has been unable to visit with his daughter pursuant to Order of this Honorable Court under date of March 14, 2007. 4. Plaintiff is not prepared to present his case at trial on July 12, 2007. 5. Counsel for the Defendant, Elizabeth Stone, Esquire, has consented to a continuance in this matter. 6. The parties are attempting to work out a resolution in this matter. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order continuing the hearing in this case from July 12, 2007, to a future date convenient to the Court. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff ROBERT W. HILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER: 06-5392 ROBYN L. STIELY, Defendant CUSTODY CERTIFICATE OF SERVICE I certify that on June 22, 2007, I served a copy of the foregoing Motion on Counsel for the Defendant, Elizabeth Stone, Esquire, at her law offices at 414 Bridge Street, Post Office Box E, New Cumberland, Pennsylvania 17070, by U.S. Postal Service First Class Mail, postage prepaid. Respectfully submitted, 4 CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff r, 4 q Cam.'"- 1 3 roi, - O M E ROBERT W. HILL, Plaintiff vs. ROBYN L. STIELY, Defendant JUN 2 5 2001 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 06-5392 CUSTODY ORDER AND NOW, this cR& '9? day of June, 2007, upon consideration of the within Motion, it is hereby Ordered that the hearing scheduled for July 12, 2007, in the above-referenced case is continued to the %:YJd day of 2007, at / SO o'clock ,pm., in Courtroom Number 4 of the Cumberland County Courthouse. All other provisions of this Court's Order of March 14, 2007, shall remain in full force and effect. P'?/ `? cvj tin r ??; V5 `? v C-A fl\cust\stielyhillpetspecrel/8-15-07 Elizabeth B. Stone, Esquire Supreme Court ID #60251 Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 (717) 774-7435 Attorney for Defendant/Petitioner ROBERT W. HILL, PLAINTIFF/RESPONDENT V. ROBYN L. STIELY, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 -5392 -CIVIL ACTION LAW CIVIL ACTION - LAW CUSTODY PETITION FOR SPECIAL RELIEF SEEKING DRUG/ALCOHOL EVALUATION AND NOW comes the Petitioner, Robyn L. Stiely, by and through her attorneys, Stone LaFaver & Shekletski, and files this petition for special relief seeking a drug/alcohol evaluation and in support thereof avers as follows: 1. The Petitioner is Robyn L. Stiely, an adult individual, residing at 238 Poplar Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Respondent is Robert W. Hill, an adult individual, believed to be residing with his most recent girlfriend at 685 Greggs Drive, Apartment 76, Harrisburg, Dauphin County, Pennsylvania. 3. The parties are the natural parents of one minor daughter, Ashleigh Taylor Stiely, born July 2, 2002, who has lived with her -1- mother, your petitioner herein, for her entire life at the above address 4. A conciliation hearing was held before Dawn L. Sunday, Esquire, on December 19, 2006, with a follow-up hearing on February 27, 2007. The parties were unable to reach an agreement at the conciliation hearing; however, the parties did agree to attempt to work out an agreement over the summer via letters through counsel. 5. The father was incarcerated for three months at the Dauphin County Prison on May 7, 2007, and released on August 7, 2007, as a result of the father's most recent offense and related parole violations, 6. The father has been in and out of various prisons on drug and alcohol related charges, including probation violations for failing drug tests, since the birth of the child, and, in fact, was incarcerated during the first year of his daughter's life. 7. Mother, your petitioner, had hoped and believed that father would cooperate and that this matter would be resolved through continued supervised visitations and voluntary drug and urine tests upon Father's release from prison.. 8. Unfortunately, petitioner has just received word from opposing counsel that the father refuses to agree to voluntary drug testing to ensure that he is not using either drugs or alcohol. 9. It is believed that the father will now be on a six month in-house arrest as soon as York transfers the paperwork to Dauphin County in the next several weeks. -2- 10. Father has been convicted of no less than two (2) DUI's, three (3) driving without a license or under DUI related suspensions. 11. Cumberland, York, and Dauphin County dockets reflect that the Father has a history of drug and alcohol related offenses, including narcotics possession for which he served one year of incarceration in Cumberland County during the minor's first year of birth. Father has been incarcerated numerous times for parole and probation violations, mostly for failing drug tests. 12. Mother believes that the Father is in denial with regard to his drug and alcohol addictions. 13. A custody trial is scheduled before the Honorable Kevin A. Hess, on August 31, 2007. 14. Mother is not requesting a continuance of this matter. 15. Mother, your petitioner herein, is requesting that this Honorable Court order a full Drug and Alcohol Evaluation to be performed on the Father immediately. 16. If the Court believes that counseling and/or regular drug and urine tests are necessary to ensure the safety of the minor child, these can be implemented after the custody trial. 17, Undersigned counsel contacted Attorney Charles Petrie who represents counsel and is aware that this Petition for Special Relief is being filed. 18. Charles Petrie, Esquire, legal counsel to the father, opposes any continuances in this matter. -3- 19. Currently, this case is assigned to the Honorable Kevin A. Hess. 20. The Petitioner believes that it is in the best interest and permanent welfare of the child for this Court to Order a Drug and Alcohol evaluation to be conducted on the Father, or all parties if the Court so desires. WHEREFORE, the Petitioner, Robyn L Stiely, respectfully requests this Court to (1) order that the Father, Robert W. Hill, undergo a full drug and alcohol evaluation to be conducted by a Court appointed and independent company (2) direct the parties to divide equally the cost for such drug and alcohol evaluation; (3) enter such other additional relief on behalf of Petitioner, Robyn L. Stiely, as this Court deems just and proper. kJ ?y) t L5 2E, ,-+ Respectfully submitted, STONE LaFAVER & SHErKLETSKI By NCumbe tone, Esquire 60251 eet , PA 17070 7712 869 stonelaw.net -4- fl\mis\lservice s CERTIFICATE OF SERVICE I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone LaFaver & Shekletski, attorneys for Defendant, Robyn L. Stiely, hereby certify that on this date I served a true and correct copy of the within instrument on Plaintiff's counsel of record by first class mail, postage prepaid, addressed as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 Elizabet,K B. /PA quire sup. Stone aF er tski 41 ridge Stw Cumberlan 7070 DATE: TNO AUU-Ib-?UU-( WED 02:49 PM 1, 1 1"u.71 \ i - V,.I a f I FAX NO VERIFICATION r, U.1 Robyn L. Stioly, stntesthat she isthe Defendant in the foregoing instru- ment and that she isacquaintcd with the facts set forth in the foregoing instru- ment; that the same nre true and correct to the best of her knowledge, informa- tion and belief; and that thisstatement ismade subject to the penaltiesof 18 Pa. C,..S,A. §4904 relating to unsworn falsification to authorities. ,RobyrIL. Stiely nat C7 ,-? c' . - .? ? -:,. ?:? ? ?-)?r .-?- -- ? r.-M -? r'? ?`? ROBERT W. HILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. ROBYN L. STIELY, NUMBER: 06-5392 Defendant : CUSTODY MOTION FOR CONTINUANCE NOW COMES the Plaintiff, ROBERT W. HILL, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is ROBERT W. HILL, who currently resides at 685 Greggs Drive, Apartment 76, Harrisburg, County of Dauphin, Pennsylvania. 2. Defendant is ROBYN L. STIELY, who currently resides at 238 Poplar Avenue, New Cumberland, County of Cumberland, Pennsylvania. 3. Plaintiff is presently incarcerated in the York County Prison and has been unable to visit with his daughter pursuant to Order of this Honorable Court under date of March 14, 2007. 4. Plaintiff is not prepared to present his case at trial on August 31, 2007. 5. Counsel for the Defendant, Elizabeth Stone, Esquire, has consented to a continuance in this matter. 6. The parties are attempting to work out a resolution in this matter. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order continuing the hearing in this case from August 31, 2007, to a future date convenient to the Court. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff s ROBERT W. HILL, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. NUMBER: 06-5392 ROBYN L. STIELY, Defendant : CUSTODY CERTIFICATE OF SERVICE I certify that on August 22, 2007, I served a copy of the foregoing Motion on Counsel for the Defendant, Elizabeth Stone, Esquire, at her law offices at 414 Bridge Street, Post Office Box E, New Cumberland, Pennsylvania 17070, by U.S. Postal Service First Class Mail, postage prepaid. Respectfully submitted, 01 C'/? CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff ?3 N !? G C1? w s 'h ROBERT W. HILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-5392 CIVIL ROBYN L. STIELY, Defendant CUSTODY IN RE: MOTION FOR CONTINUANCE ORDER AND NOW, this 11, day of August, 2007, at the request of counsel for the plaintiff and with the concurrence of counsel for the defendant, hearing herein set for August 31, 2007, is continued to Friday, November 2, 2007, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 4X Hess, J. /harles E. Petrie, Esquire For the Plaintiff lizabeth B. Stone, Esquire For the Defendant :rim y 1 l t.1.t i ,.,, .: :'..r ?(?? ? I ROBERT W. HILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW n a- vs. ? NUMBER: 06-5392 ROBYN L. STIELY, N - ?, _ Defendant CUSTODY MOTION FOR CONTINUANCE NOW COMES the Plaintiff, ROBERT W. HILL, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is ROBERT W. HILL, who currently resides at 685 Greggs Drive, Apartment 76, Harrisburg, County of Dauphin, Pennsylvania. 2. Defendant is ROBYN L. STIELY, who currently resides at 238 Poplar Avenue, New Cumberland, County of Cumberland, Pennsylvania. 3. Plaintiff is presently incarcerated in the York County Prison and has been unable to visit with his daughter pursuant to Order of this Honorable Court under date of March 14, 2007. 4. Plaintiff is not prepared to present his case at trial on August 31, 2007. 5. Counsel for the Defendant, Elizabeth Stone, Esquire, has consented to a continuance in this matter. 6. The parties are attempting to work out a resolution in this matter. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order continuing the hearing in this case from August 31, 2007, to a 01 future date convenient to the Court. Respectfully submitted, e?? 1/° CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff ib ROBERT W. HILL, vs. Plaintiff ROBYN L. STIELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 06-5392 CUSTODY CERTIFICATE OF SERVICE I certify that on August 22, 2007, I served a copy of the foregoing Motion on Counsel for the Defendant, Elizabeth Stone, Esquire, at her law offices at 414 Bridge Street, Post Office Box E, New Cumberland, Pennsylvania 17070, by U.S. Postal Service First Class Mail, postage prepaid. Respectfully submitted, r'46-.1Z r-'O?? CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff c ROBERT W. HILL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 06-5392 CIVIL ROBYN L. STIELY, Defendant/Petitioner IN CUSTODY IN RE: CUSTODY AGREEMENT ORDER OF COURT AND NOW, this 2nd day of November, 2007, this court's order of March 14, 2007, is hereby vacated and is replaced with the following order: 1. Primary physical and legal custody of Ashleigh Taylor Stiely, born July 2, 2002, shall be and remain in her mother, Robyn L. Stiely. 2. The father of the minor child, Robert W. Hill, shall be entitled to periods of temporary custody in accordance with the following schedule: a. Every Saturday beginning on November 10, 2007, from noon until 5:00 p.m., with the exception of Saturday, December 22, 2007, when the visit shall occur between the hours of 11:00 a.m. and 4:00 p.m. b. The father' s v; td; th thr, m; nr,r r In, 1 A shall continue as they have been every Thursday evening at the Chuck E. Cheese restaurant from 5:00 p.m. until 7:00 p.m. C. The father shall further have visitation on the following holidays: Thanksgiving of 2007 from noon until 3:00 p.m.; Christmas of 2007 from noon until 4:00 p.m.; and Easter of 2008 from 1:00 p.m. until 4:00 p.m. 3. The following conditions apply to the father's periods of temporary custody: S %? ? :c - r? Iill Coca `w i w NO. 06-5392 CIVIL TERM a. The visits between the father and the subject minor child shall occur at father's residence with his girlfriend, Stephanie Anderson, and Stephanie's daughter, Timlin Anderson, only, unless there is prior notice to and permission from the mother. b. The mother shall provide all transportation with respect to father's periods of temporary custody unless and until the parties agree otherwise. 4. The parties agree that the father and daughter may contact each other by telephone every Tuesday at 7:45 p.m. The call will be initiated by mother or daughter to father. And father if unavailable at the moment of the call will promptly return the telephone call. 5. The mother will provide to father a schedule of the child's school and extracurricular activities to enable father to make arrangements for his participation in those activities. 6. The mother further agrees to provide to father all school reports that involve grade or behavior or other reports provided by the school with respect to Ashleigh. 7. The parties will participate in parenting classes. The provider of those classes will be agreed upon by the parties with any eye toward insurance coverage if that is available. Either party may attend and participate in the parenting classes as directed by the counselor or provider. 8. The father is directed to notify the mother of any violations of his court-ordered supervision in connection with his driving under the influence case. a NO. 06-5392 CIVIL TERM A hearing on this matter shall be set for Thursday, May 15, 2008, at 9:30 a.m. By the Court, ??Z,4, vin /A. Hess, J. /harles ?Counsel ?lizabe Counsel :bg E. Petrie, Esquire for Father th B. Stone, Esquire for Mother J . O F:\DOCS\FL\CQST\stielyrobyncustagrmnt 08-12-08.wpd Elizabeth B. Stone, Esquire Supreme Court ID #60251 Stone La Faver & Shekletski 414 Bridge Street New Cumberland, PA 17070 (717) 774-7435 Attorney for Defendant/Petitioner ROBERT W. HILL, , PLAINTIFF/RESPONDENT: V. , ROBYN L. STIELY, DEFENDANT/PETITIONER: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5392 -CIVIL ACTION LAW CIVIL ACTION - LAW CUSTODY CUSTODY AGREEMENT FOR MINOR CHILD This custody agreement is entered into this a`lb'' day of dCk_c3a'S , 2008, between Robyn L. Stiely, hereinafter referred to as the "Mother" and, Robert W. Hill, hereinafter referred to as the "Father". W I T N E S S E T H: WHEREAS, the parties herein desire to set their intentions with respect to custody of their minor child, Ashleigh Taylor Stiely, in writing, WHEREAS, one child was born of this relationship, a minor female child, Ashleigh Taylor Stiely, born July 2, 2002; WHEREAS, it is the desire of the parties hereto to formalize their agreement with respect to the said minor child when she resides with them; AND NOW THEREFORE, the parties hereto intending to be legally bound hereby do agree that: ,N 1. Legal Custody. Mother shall have legal custody of the minor child. Mother agrees to share important information pertinent to the child's health, education or welfare with the Father. 2. Physical Custody. The Mother shall have primary physical custody of the minor child subject to Father's periods of physical custody. 3. Schedule and Terms of Custody. Mother shall have custody at all other times except for the following periods of physical custody which shall be as follows: A. Father shall have the child every other weekend beginning on Saturday from 10:30a.m. until 6:00p.m. on Sunday evenings. B. The parties agree that for the first 60 days, Father shall not be permitted to drive and that all transportation of Ashleigh during the first sixty days shall be by Stephanie, the Father's girlfriend. Upon proof of Father obtaining a valid driver's license, proof of insurance and proof of no longer being on restrictions regarding his probation, Father shall be permitted to drive Ashleigh, no earlier than 60 days after this agreement. Father agrees to notify Mother immediately should his driving privileges be revoked again. C. The party initiating his or her period of custody shall provide the transportation. D. Father shall provide Ashleigh with her own bed and separate sleeping arrangements so as to ensure that Ashleigh feels comfortable in the new surroundings. E. Father shall not consume or imbibe alcohol or any other legal, illegal or prescription drugs, other than any that may be prescribed for the Father by his own physician, in the presence of his daughter, nor to be in the state of intoxication while exercising his custodial rights. F. Neither party shall allow smoking cigarettes in the presence of their daughter as she is asthmatic. G. The parties agree that neither he or she will introduce their minor daughter to any person who has or may have a criminal record or who is of questionable character. 8. Mother agrees to allow reasonable phone contact between the minor child and Father, with an initial schedule on Tuesday and Thursday nights, and every other weekend, when Father is not initiating his period of custody to ensure a continuing relationship with Father. 4. Holidays. Holidays - the following shall be shared by the parties: (1) Memorial Day and Labor Day. (A) All times for the above listed holidays shall be rotated as follows: (B) In Even years, beginning with 2008, Mother shall have Labor Day and Father shall have Memorial Day. (C) In Odd years, beginning in 2009, the parties agree to rotate this holiday schedule. The parties agree to rotate every year thereafter. (D) The parties agree that the times for these Holidays shall run from 10:00 a.m. until 7:00 p.m. (2) Thanksgiving and Easter. (A) The parties shall share Thanksgiving and Easter every year and the holiday shall be divided into two segments, A and B. Segment A shall be from 10:00 a.m. until 3:00 p.m. Segment B shall be from 3:00 p.m. until 7:00 p.m. (B) Father shall have segment A in 2008, and Mother shall have Segment B. (C) The parties agree to rotate their segments every year. (3) Christmas. (A) Christmas shall be divided up into two segments and be rotated each year, with even years beginning with 2008, being Mother as Segment A, and Father enjoying Segment B. 2009, Mother shall have Segment B. (B) Segment A shall run from Noon December 24 until noon December 25. (C) Segment B shall run from Noon December 25 until noon December 26. (4) New Year's Eve. The parties shall share New Year's Eve every year as agreed upon, and agree to work around the Mother's season tickets to the Hershey Bears' game. (5) Mother's Day. Mother shall enjoy custody on Mother's Day from Saturday morning at 10 a.m. until 6 p.m. Sunday night. (6) Father's Day. Father shall have custody on Father's Day from Saturday morning at 10 a.m. until 6 p.m. Sunday night. 5. NO BABYSITTERS. Father agrees that for the first year, while he is establishing more time with his daughter, not to have babysitter while he is enjoying his periods of custody. If a need shall arise where a sitter would be necessary, Father is to notify Mother at once to discuss the options available. 6. The parties acknowledge that at this time Father has restricted driving privileges for the first 90 days of this agreement. The parties agree that for the first 60 days of this agreement, Stephanie, shall provide all transportation instead of the Father where it is his turn in the agreement to drive. 7. Both parties agree to consult one another whenever a life decision is necessary with regard to the minor child. Life decisions affect medical, dental, orthodontia, religious, or moral decisions. Both parties agree to consult with one another whenever prudent. 8. Both parties agree that they shall always provide the other party with address, phone number, and or vacation location, when necessary, and especially if the child is to removed from the jurisdiction of the of Pennsylvania. In the event that either party wishes to take the child out-of-state for a vacation/trip, that parent agrees to furnish to the other party a phone number, location address and emergency contact number prior to twenty-four hours of departure. 9. Both parties agree to be as flexible as possible, whenever possible, and to always place the best interest of their child first. 10. No waiver or modification of any of the terms of this agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. This agreement may be modified by court order. I .• 11. This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this agreement. Moreover, the parties hereby agree that the provisions of this agreement shall be entered as a custody order in the Court of Common Pleas of Cumberland County, Pennsylvania. 12. This agreement constitutes the entire understanding of the parties regarding custody and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties regarding custody other than those expressly set forth herein. 13. If any term, condition, clause, section, or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, only that term, condition, clause, section, or provision shall be stricken from this agreement, and in all other respects, this agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 14. In the event either party to this agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur including, but not limited to, filing fees and reasonable attorney's fees, in any action or proceeding to enforce the terms of this agreement. 15. So long as Robert W. Hill resides with Stephaine, his girlfriend, this agreement is contingent upon Father relocating to a residence which is a stable environment for the minor child to live in while Father has custody of said minor child. This space left intentionally blank. ., IN WITNESS WHEREOF, the parties hereto intending to be legally bound have set their hands and seals on the dat?first above written. Robyn L. Stiel "E) Robert W. Hill(SEAL) Dated: Eli e one, Esquire Attor for Mother Charles E. Petrie, Esquire Attorney for Father Dated: COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CAAa OvJ ) Robyn L. Stiely , being duly sworn according to law, deposes and says that she is a party named in the foregoing Custody Agreement for Minor Child and that she has executed the same for the purposes therein contained. SWORN TO AND SUBSCRIBED before me this aN'? day o f pGkoh-e.T 2008. CCMl"KW NSYLVANIA IAL SEAL JENNIFER A. MEARKLE, Notary Pubk Now Cumb&land Boro. Cumberland Co. My Commission Expires July 7, 2012 COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF ) j Robyn Stiely kL- Robert W. Hill, being duly sworn according to law, deposes and says that he is a party named in the foregoing Custody Agreement for Minor Child and that he has executed the same for the purposes therein contained. SWORN TO AND SUBSCRIBED befor ?e/ this pT0>4e- day of ?1- 2008. Robert W`. Hill Member, PRr+nSYivAn;j-. Association of Notaries d- NOV 10 2008 Q F:\DOCS\FL\CUST\stielyrobin-Order on Custody Agreement.wpd Elizabeth B. Stone, Esquire Supreme Court ID #60251 Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 (717) 774-7435 Attorney for Defendant/Petitioner ROBERT W. HILL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF/RESPONDENT CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5392 -CIVIL ACTION LAW ROBYN L. STIELY, : CIVIL ACTION - LAW DEFENDANT/PETITIONER CUSTODY ORDER OF COURT AND NOW, this 13 day of "MA --? , 2008, the attached Custody Agreement for Minor Child, signed by the parties on October 24, 2008, is hereby made an Order of Court. Distribution: Plaintiffs Attorney: liz th Stone, Esquire, P.O. Box E, New Cumberland, PA 17070 Defendant' Attorney: . arles E. Petrie, Esquire, 3528 Brisban Street, Harrisburg, PA 17111 .0. /,1 ' N r 5 4 ._( t.. COI) ; ? Ll ?lk? ? ? G N F:\DOCSTUCUSI ?Stiely.Robyn - Order and Motion to Incorporate Custody Agreement into case no.wpd C.: G ELIZABETH B. STONE, ESQ. r-n ATTORNEY ID NO. 60251 `t?? 414 BRIDGE STREET N , NEW CUMBERLAND PA 17070 (717) 774-7435 r = -- ? J>I~, k ATTORNEY FOR DEFENDANT - ' I'll .G' ^C ROBERT W. HILL, Plaintiff V. ROBYN L. STIELY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5392 - CIVIL ACTION LAW CIVIL ACTION - LAW IN CUSTODY MOTION TO INCORPORATE THE PARTIES' CUSTODY AGREEMENT FOR MINOR CHILD INTO CASE NO. 06-5392 ROBYN L. STIELY, Defendant in the above action, by her attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorporate the attached Custody Agreement for Minor Child dated February 17, 2010, into Case No. 06-5392. STONE LaFAVER Date: l ? qkv Elizab fa, quire S eme 0251 14 Brid . Box E New Cu17070 Telephon35 Attornev nt KI 02/01/2010 18:24 7175342822 F:\DWSII.ICUSTkoictymlMncnrixw ut 1.2010.V4W THE UPS STORE #2482 Elizabeth B. Stone, Esquire Supreme Court, ID #60251 Stone La Faver & Shekletski 414 Bridge Street New Cumberland, PA 17070 (717) 774--7435 Attorney for Defendant/Petitioner PAGE IROSIMT W. SILL, PLAINTIFF v. ROBYN L. STIELY, DEFENDANT : IN THE COURT OF COHMN PLEAS OF : CUMERLAND COUNTY, PENNSYLVANIA NO. 06-5392 -CIVIL ACTION LAW CIVIL ACTION - LAW CUSTODY CUSTODY A l' FOR MINOR CHILD This custody agreement is entered into this 17 I'k day of 1- e- b r Lk 00e 14 2010, between Robyn L. Stiely, hereinafter referred to the "Mother" and, Robert W. Hill, hereinafter referred to as the "Father". X X T HE S S E T S: NWREAS, the parties herein desire to sex their intentions with respect to custody of their minor child, Ashleigh Taylor Stiely, in writing; iIESREAS, one child was born of this relationship, a minor female child, Ashleigh Taylor Stiely, born July 2, 2002; S, the parties acknowledge that there is a prior custody agreement that is filed with the Cumberland County Prothonotary; M EM, the parties herein now seek to change and amend their prior Custody Order dated November 13, 2008, signed by the parties on October 24, 2008, docketed to the above number. SAS, the parties seek now to enter into this new agreement, and by their hand, agree to the following terms, in writing; 02/01/2010 18:24 7175342822 THE UPS STORE 02482 PAGE e2/03 W "PEMS, it is the desire of the parties hereto to-formalize their agreement with respect to the said minor child; AND NOW T11lCMs'FLRE, the parties hereto intending to be legally bound hereby do agree that: 1. Legal Custody.' Mother shall have sole legal custody of the minor child.. 2. Physical Custody. The Mother shall have sole primary physical custody of the minor child. 3. Child Support. As per agreement of the parties, Mother agrees to withdraw, dismiss and not pursue child support as a condition of and contemporaneous with the signing of this custody agreement. 4. No waiver or modification of any of the terms of this agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. This agreement may be modified by court order. 5. This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this agreement. Moreover, the parties hereby agree that the provisions of this agreement shall be entered as a custody order in the Court of. Common Pleas of Cumberland County, Pennsylvania. 6. This agreement constitutes the entire understanding of the parties regarding custody and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties regarding custody other than those expressly set forth-herein. 7. If any term, condition, clause, section, or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, only that term, condition, clause, section, or provision shall be stricken from this agreement, and in all other respects, this agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 8. In the event either party to this agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur including, but -2- 02/01/2010 18:24 7175342822 THE UPS STORE #2482 PAGE 03/03 aot limited to, filing fees and reasonable attorney's fees, in. any action or proceeding to enforce the terms of this agreement". IN WZ2WSS NZ123WpF, the parties hereto intending to be legally bound have set their hands and seals on the date first above written. UA-n J &I L (SEAL) Robyn Stiely (Mo er o Robert W. Hill( ther)(SEAL) COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF gume On this, the /Q day of f'ya 2010, before me the undersigned officer, a Notary Publi , personally appeared ROB N L_ STIELY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above )wrli,tttn. R11 Y U Cp IpNWEALr? tN "INN R O CWWL GARMAN, Notary Pubes o . y Public Exom , 2012 0 COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF ??/?l1 ? ? - On this, the -M day of i,117 111,4 2014, before me the undersigned officer, a Notary u ic, personally appeared ROBERT W. HILL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have ereunto set my hand and official seal the day-and year first above ritten. . NOTARIAL SEAL DEBRA L GOGGIN Notary Public HIGHSPIRE BORO., DAUPHIN COUNTY My Commission Expires Apr 5, 2013 _3- Notary, P/ibAic I R\DOCSTUICUS11Stiely.Robyn - Order and Motion to Incorporate Custody Agreement into caste no.wpd {L.Ct 1 Iiu_ ELIZABETH B. STONE, ESQ. TK. ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR DEFENDANT ROBERT W. HILL, Plaintiff V. ROBYN L. STIELY, Defendant 2010 FEB 24 Ali B: 16 i.. i -y S FEB 2 3 20j0 6 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5392 - CIVIL ACTION LAW CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this gZ?da y of 2010, upon presentation and consideration of the within Custody Agreement for Minor Child incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties herein desire to set their intentions with respect to custody of their minor child, Ashleigh Taylor Stiely, in writing. B. One child was born ofthis relationship, a minor female child, Ashleigh Taylor Stiely, 3orn July 2, 2002. C. The parties acknowledge that there is a prior custody agreement that is filed with the Cumberland County Prothonotary. D. The parties herein now seek to change and amend their prior Custody Order dated Jovember 13, 2008, signed by the parties on October 24, 2008, docketed to the above number. E. The parties seek now to enter into this new agreement, and by their hand, agree to the bllowing terms, in writing. F. It is the desire of the parties hereto to formalize their agreement with respect to the said minor child. AND NOW, it is hereby ordered and decreed as follows: A. Legal Custody. Mother shall have sole legal custody of the minor child. B. Physical Custody. The Mother shall have sole primary physical custody of the minor child. C. Child Support. As per agreement of the parties, Mother agrees to withdraw, dismiss and not pursue child support as a condition of and contemporaneous with the signing of this custody agreement. D. No waiver or modification of any of the terms of this agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. This agreement may be modified by court order. E. This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this agreement. Moreover, the parties hereby agree that the provisions of this agreement shall be entered as a custody order in the Court of Common Pleas of Cumberland County, Pennsylvania. F. This agreement constitutes the entire understanding of the parties regarding custody and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties regarding custody other than those expressly set forth herein. G. If any term, condition, clause, section, or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, only that term, condition, clause, section, or provision shall be stricken from this agreement, and in all other respects, this agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. H. In the event either party to this agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur including, but not limited to, filing fees and reasonable attorney's fees, in any action or proceeding to enforce the terms of this agreement. BY THE COURT: • Distribution: Plaintiff: -Robert W. Hill (7ast known address) c/o Stephanie Anderson 103 South Hanover Street H mmelstown, PA 17036 Defendant's Attorney: Elizabeth B. Stone, Esquire 414 Bridge Street New Cumberland, PA 17070 (717) 774-7435 pop I C Li-CL a./air/?o