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HomeMy WebLinkAbout02-3024TIMOTHY M. BLOSSER, Petitioner V. HELEN T. BLOSSER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002- 364IVIL TERM IN CUSTODY PETITION FOR CUSTODY AND NOW, this _ day of 2002, comes the Timothy M. Blosser, by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The Petitioner is Timothy M. Blosser, an adult individual residing at 1669 Quail Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Helen T. Blosser, an adult individual residing at 1669 Quail Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two minor children, namely Madelyn Jayne Blosser, born March 14, 1996, and Owen Henry Blosser, born April 22, 1993. AMERICANS WITH DISABILITIES ACT OF 1990 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 scheduling conference or hearing. 4. The Respondent has threatened if she leaves the marital home she will move the children with her. 5. The best interest of the minor children requires the entry of an Order of Court prohibiting the children from being removed from the marital home until a Custody Conciliation Conference occurs. WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court prohibiting the children from being removed from the marital home until a Custody Conciliation Conference occurs. Respectfully submitted, IRWIN, Mc"IGHT & By: CW Marc , Jsquire Attorn y for Petitioner, Timothy M. Blosser 60 West Pomfret Street \ Carlisle, Pennsylvania 17013 Date: June 21, 2002 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Date: June 21, 2002 ?V, /V VJ V C7 CD ;- ri l T r N3 ? <7J -C TIMOTHY M. BLOSSER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 02-3024 CIVIL ACTION LAW HELEN T. BLOSSER DEFENDANT IN CUSTODY AND NOW, Wednesday, June 26, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 18, 2002 at 9:30 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/ Jacqueline M Verney, Esgv 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JUL 1 6 200? y' TIMOTHY M. BLOSSER , Plaintiff V. HELEN T. BLOSSER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA NO. 2002-3024 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 15`h day of July, 2002, the Conciliator being notified that the parties have reconciled, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, cq ine M. Verney, Esquire, Custody Co liator C V l.J -'* 07?4&,7 -00 SC.7 2r t 1'? TIMOTHY M. BLOSSER IN THE COURTOF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-3024 CIVIL ACTION LAW HELEN T. BLOSSER DEFENDANT' IN CUSTODY ORDER OF COURT AND NOW, Wednesday August 13, 2003 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney Esq, the conciliator, at 4th Floor, Cumberland Coun Courthouse Carlisle on Tuesday, September 09, 2003 at 8:30 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/ &cque ine AL 17 rnAyfaQ v Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans w available to ith Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations must be made atleast 721hours lp or to any hearing or business before the contact Your ou office. 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 y•???.j ?'1`J11?1? TIMOTHY M. BLOSSER, Petitioner V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA AUG' 13 2003 CIVIL ACTION -- LAW 2002-3024 HELEN T. BLOSSER, Respondent IN CUSTODY ORDER OF COURT CIVIL TERM AND NOW, this 13> c day of August, 2003, upon consideration of the attached Petition for Emergency Relief, it is hereby Ordered as follows: 2003, at y5 Q M. in Courtroom Number of the Cumberland County Courthouse. cc: Marcus A. McKnight, III, Esquire Attorney For Petitioner Jane Adams, Esquire Attorney For Respondent 1 - A hearing before the Court is set for August l A-d I' r ?Jl fi TIMOTHY M. BLOSSER, PETITIONER V. HELEN T. BLOSSER, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3024 CIVIL TERM ORDER OF COURT AND NOW, this -20I.-VIL day of August, 2003, following a review of the petition by Timothy M. Blosser for emergency relief, IT IS ORDERED that Madelyn Blosser and Owen Blosser shall start the 2003-2004 school year in East Pennsboro School District.' ,/Marcus A. McKnight, III, Esquire For Petitioner ?Aane Adams, Esquire 7 For Respondent :sal I Edgar B. Bayley, J. 9 os•zz-o?3 ' This resolution is not dispositive of what custody order should ultimately be entered or where the children should then attend school. I. , VNV/AIASNPdd sic ?UI ?1?' ?2 Jdl? Sti ?a? u? ? 40 SEP V91111 TIMOTHY M. BLOSSER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HELEN T. BLOSSER, : NO. 2002-3024 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this a day of , 2003, upon consideration of the attached Custody Condliation Report, it is ordered and directed as follows: and effect. The prior Order of Court dated August 22, 2003 shall remain in full force 2. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the 146" day of 0033 _L? , 2003, at I'- 3O o'clock, P. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 3. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 4. The Father, Timothy M. Blosser, and the Mother, Helen T. Blosser shall have shared legal custody of Owen Henry Blosser, born April 2, 1993 and Madelyn Jayne Blosser, born March 14, 1996. 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. 5. Mother shall have primary physical custody of the children. 6. Father shall have the following periods of partial physical custody of the children: A. Beginning September 11, 2003 alternating weekends from Thursdays from after school to Sundays at 8:30 p.m. Father shall transport the children to school on his Fridays. B. Beginning September 10, 2003 every Wednesday from after school to 8:00 p.m. C. Beginning September 22, 2003, alternating Mondays from after school to 8:00 p.m. These Mondays follow Mother's alternating weekend periods. D. Father shall have an extended weekend on Columbus Day weekend to include overnight Sunday to Monday evening at 8:30 p.m. 7. Except when Father is picking up the children from after school or taking them to school on his Fridays, the parties shall share transportation such that they will meet at the Middlesex Diner on the Carlisle Pike to exchange custody. 8. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE Edgar B. Bayley, ? J. cc: cus A. McKnight, III, Esquire, counsel for Father anc Adams, Esquire, counsel for Mother V. C°, 1 RKs 09- i?,-o3 n- tc? \t , rl) fJ ? ? J U SEP 0 9 2003 TIMOTHY M. BLOSSER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HELEN T. BLOSSER, : NO. 2002-3024 CIVIL TERM Defendant IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY, J. 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: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Owen Henry Blosser April 22, 1993 Mother Madelyn Jayne Blosser March 14, 1996 Mother 2. A Conciliation Conference was held September 9, 2003 with the following individuals in attendance: The Father, Timothy M. Blosser, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Helen T. Blosser, with her counsel, Jane Adams, Esquire. 3. The Honorable Edgar B. Bayley previously entered an Order on August 22, 2003 providing for the children to attend East Pennsboro Schools. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. He believes that the children should return to the marital home that Mother vacated and attend Grace Baptist School in Carlisle where they previously attended. In the primary physical custody of Father, the children could maintain the close relationship with their paternal grandparents. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule and evenings during the week. Mother maintains that the children's current schools in East Pennsboro Township are appropriate. Mother received a letter from Grace Baptist Church indicating she would be excommunicated from the church because she filed for divorce. She believes if the children returned to Grace Baptist School, she would be at a disadvantage because of her standing in the church. If the communication with Mother regarding school issues was lacking, it would ultimately negatively affect the children. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having alternating weekends and times during the week. It is expected that the Hearing will require one-half day. it Date acq ine M. Verney, Esquire Custody Conciliator TIMOTHY M. BLOSSER, PETITIONER V. HELEN T. BLO SER, RESPO DENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN 02-3024 CIVIL TERM ORDER OF COURT_ AND NOW, this 7? day of October, 2003, IT IS ORDERED: (1) All pri r custody orders are vacated and replaced with this order. (2) The other, Helen T. Blosser and the father, Timothy M. Blosser shall h; shared legal cus dy of Madelyn Blosser, born March 14, 1996, and Owen Blosser, born April 2, 199 . (3) The m ther shall have primary physical custody of Madelyn and Owen. TN children shall go public school from her home. (4) During the school year, the father shall have Madelyn and Owen in two weekly cycles. O week one his overnights shall be on Monday, Wednesday, Friday and Saturday. O week two his overnights shall be on Wednesday and Thursday. On school days he shall pick the children up for school. On his nights when there is school the next day he sh II take the children to school. On the Saturday night the return of thf children shall be, 7:30 p.m. (5) This sc edule shall continue during the summer school vacation period except it shall be a panded by the parents for them both to have more extended periods of time with the chit ren. Any return of the children as agreed on a Sunday during the summer shall be at 8:00 p.m. (6) Holidays will be shared by agreement. (7) Except as set forth above the parents shall share transportation by agreement. Aarcus A. McKnight, III, Esquire For Petitioner ?Jane Adams, Es?uire For Respondent :sal `RXs V7WAIAW,Gd pMo AtN!?a es:r ud taco Atfd1UNG',`' a "'yi -!o 30la.-4C, .*i? itl TIMOTHY M. BLOSSER, Plaintiff, V. HELEN T. BLOSSER, now HELEN T. SCHULTZ, Defendant. IN,rHE COURT OF COMMON PLEAS (?,F CUMBERLAND COUNTY, PENNSft NO. 02 - 3024 CIVIL TERM F CIVIL ACTION - LAW - _? IN CUSTODY CUSTODY STIPULATION AGREEMENT THIS STIPULATION AND AGREEMENT, entered into thisl day of 2010, by and between Timothy M. Blosser and Helen T. Blosser, now Welen T. Schultz is executed in contemplation of becoming an Order of Court. -. WHEREAS, Timothy M. Blosser and Helen r1?I. Blosser are the parents of: Owen Blosser, born April 2, 1993; and Madeiyn Blosser, born March 14, 1996; and WHEREAS, the parties wish to enter into this Stipulation and Agreement relative to the custody of Owen Blosser and Madelyn Blosser. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. All previously existing custody orders are hereby vacated. 2. Owen Blosser, born April 2, 1993; and Madelyn Blosser, born March 14; 1996 (collectively, hereinafter the "Children"), are the natural children of Timothy M. Blosser (hereinafter the "Father") and Helen T. Blosser (hereinafter the "Mother"). 3. Shared legal custody of the Children as contemplated by the Act of October 30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both of the parties, as the natural parents. Major decisions concerning the Children, including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing shall be made jointly by both parents, after discussion and consultation with each other; with a view toward obtaining and following a harmonious policy in the Children's best interest. Each parent shall not impair the other party's rights to shared legal custody of the child. Each parent shall not alienate the affections for the Children from the other party. Each parent shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the party having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a guardian or custodian. 4. The Father shall have primary physical custody of Madelyn, subject to the following periods of physical custody in the Mother: a. The Mother shall have physical custody of Madelyn one (1) week out of every four (4) weeks, in a cycle of three weeks with the Father, one with the Mother. 5. The parties agree that no order for physical custody shall be in place regarding Owen Blosser, and that Owen is free at all times to choose with which parent he stays. Both parties acknowledge that Owen is of a sufficient maturity and responsibility to conduct himself in the most sensible and practical manner with regard to his physical custody, and that he understands his responsibility to communicate proactively with both parents so that there is no question as to where he will be on any given night 6. The Father's address shall be the permanent address of record for the purposes of school registration for Madelyn. The Mother's address shall be the permanent address of record for the purposes of school registration for Owen. 7. Holidays will be shared by agreement. 8. Each parent is entitled to two weeks of uninterrupted vacation with the Children every year At least thirty days prior to the vacation, the custodial parent must provide the following to the non-custodial parent: a. A complete itinerary of the vacation including locations, b. A list of all parties accompanying the Children on the vacation, and c. Contact telephone numbers for the Children. 9. Both parents shall have liberal and reasonable telephone contact with the Children when the Children are in the custody of the other parent. 10. The non-custodial parent shall provide transportation from the custodial parent's residence for the purpose of exchange of custody. 11. Neither parent shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent or hamper the free and natural development of the Children's love and respect for the other parent. 12. The provisions in this Order shall be strictly adhered to unless otherwise agreed upon by the parties herein. The parties are free to modify the terms of this Order but, in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms. In other words, both parties must consent on what shall be the new terms of the custody arrangement or visitation schedule. WHEREFORE, agreeing to be legally bound, the parties hereby affix their signatures Timothy M. Father len T. Blosser, n chultz Mother Witness to Timothy M. Blosser Witness to Helen T. Blosser, now Schultz JAN g 8 2010 TIMOTHY M. BLOSSER, : IN THE COURT OF COMMON PLEA OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. HELEN T. BLOSSER, now HELEN T. SCHULTZ, Defendant. : NO. 02 - 3024 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 52qv" davof 2010, upon cat?sidemtio of the attached Custody Stipulation Agreement, it is Ordered and Directed as follows: All previously existing custody orders are hereby vacated. 2. Owen Blosser, born April 2, 1993; and Madelyn Blosser, born March 14, 1996 (collectively, hereinafter the "Children"), are the natural children of Timothy M. Blosser (hereinafter the "Father") and Helen T. Blosser (hereinafter the "Mother"). 3. Shared legal custody of the Children as contemplated by the Act of October 30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both of the parties, as the natural parents. Major decisions concerning the Children, including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing shall be made jointly by both parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each parent shall not impair the other party's rights to shared legal custody of the child. Each parent shall not alienate the affections for the Children from the other party. Each parent shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the party having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a guardian or custodian. 4. The Father shall have primary physical custody of Madelyn, subject to the following periods of physical custody in the Mother: a. The Mother shall have physical custody of Madelyn one (1) week out of every four (4) weeks, in a cycle of three weeks with the Father, one with the Mother. 5. The parties agree that no order for physical custody shall be in place regarding Owen Blosser, and that Owen is free at all times to choose with which parent he stays. Both parties acknowledge that Owen is of a sufficient maturity and responsibility to conduct himself in the most sensible and practical manner with regard to his physical custody, and that he understands his responsibility to communicate proactively with both parents so that there is no question as to where he will be on any given night 6. The Father's address shall be the permanent address of record for the purposes of school registration for Madelyn. The Mother's address shall be the permanent address of record for the purposes of school registration for Owen. 7. Holidays will be shared by agreement. 8. Each parent is entitled to two weeks of uninterrupted vacation with the Children every year At least thirty days prior to the vacation, the custodial parent must provide the following to the non-custodial parent: a. A complete itinerary of the vacation including locations, b. A list of all parties accompanying the Children on the vacation, and c. Contact telephone numbers for the Children. 9. Both parents shall have liberal and reasonable telephone contact with the Children when the Children are in the custody of the other parent. 10. The non-custodial parent shall provide transportation from the custodial parent's residence for the purpose of exchange of custody. 11. Neither parent shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the pother parent or hamper the free and natural development of the Children's love and respect for the other parent. 12. The provisions in this Order shall be strictly adhered to unless otherwise agreed upon by the parties herein. The parties are free to modify the terms of this Order but, in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms. In other words, both parties must consent on what shall be the new terms of the custody arrangement or visitation schedule. By the Court, c.c. rin A. Snyder, Esq. Helen T. Schultz cp ?'ES rr??i J.