Loading...
HomeMy WebLinkAbout94-00569 " I' " I, 1 , ' TIlQth, W. Orl". Pl.lnUrr 1m behaU of the alnllr Ilhlldren I Kenneth Heapetead ZlQhar, R. Orl". IN THI IXlUBT O' OOMMON PLUS O' CUJlBKBI.AND lXllJNTY, PINNBYl.VANIA CIVil. ACTION - LAW &-' 0 NO. .)lo 1 ()JVlI. 1994 PROTECTION FROM ABUSP. AND lll/BTODY v.. Oatherine H. Orl"., Defendant TJiIIfQlWll J'BO'llllTlYL.<>BJlt:1 AND NOW, t.hls __.1~____ day of [lehruary 1994, upon pre8entatlon and oon81deratlon of the within Petltlon, and upon flndln!! that. tbe alnor ohildren, Kennet.h Hempstead and Zal)hary R. GrlUs, now realdln!! at. 127 Hershey Road, Route 13, Sblppenshur!!, CUlIllflrlllnd County, Pcnnsylvllnla, are In 1.lIedlate and preBent. dlln!!er of abu8e froll the defendant., Cat.herlne II. Orl.lll, the followlnll Te.porary Order IS ent.ered. The defendant., Cat.herlnu II. GrlM!lB, whose rlHlldenoe IS, to the be8t of the plalntl ff' s knowledge, South lIaapton Trailer Park, J,ot. 7, Shlppensburll, Pennsylvania, IB hereby en,jolrltld from phYllll)ally abusln!! the .Inor children, Kenneth Hellpstead and Zachllry R. GrI!!!!S, or pladnll t.hell in fear of abuse and IS excluded froll the resldenee located at 127 lIershey Road, Rout.e 13, ShlPpenshurll, CUlberland County, Pennsylvania, a residence wblch Is Jointly owned, hut from IIhi(lh the defendant volunt.arlly left. on <)r ah<,ut January 30, 1994. The defendant IS berehy not.lfled that. If she reBldl's In the plaintiff's dOllllclle cont.rary t,o t.hls Order, IIhe MY he In Indlreet crlllnal contlllpl. which Is punlshahle hy a fine not, to r.xceed $1,000.00 and/or by a Bentclnce of Ull t.o SIX mont.hs In Jail and any other npllroprlat.e punlahaent. ROBullptlon of co-reBldencl' on t.he part. of t.be plalnt.lff and t.hu df'fendant, shnll not. nullity the provlalons of t.he court. or<lor dlred.lnll till! ,h-fendant. t.o rl"fraln froll abusinll t.he IIlnor llhlldren. I, . ~ 'I 10th, W. Orl~.. I I N 'nUl r.ouR' or lXMQt PLIAB or PlalntUI I I CUNBIBLAHD COUNTY, PINN8YLVANIA on behalf of the I .lnor ohlldrenl I OIVIL ACTION - LAW Kenneth He.p.te~1 I lachar, B. Orl'" I NO. s~ /7 OIVIL 1984 I ,.. I PBOTICT I ON noM AIIlJIJI c AND (lUSTODY Oatherlne H. arl..., I DefendlUlt I ImfiCI You have been Kued In court. If you wleh to defend a.alnet the clal.. .et forth In the followlJlll palles, you eUKt t,ake action pro.ptl;' after thl. Petition, Ordor and Notice are served, by appearing pereonaUy or by attorney at the hearlnll IIcheduled by the Court ami 11I'oR/mtlnll to the Court your defenllol or objections to tho clallle Bet forth IIllalnet you. You are warned that If you fall to do so tho Court aBY proceed wlthout you, and a Jud..ent uy be entered agalnllt you by the Court wi thout further notice for any laoney dal.od In the Pot.ltlon or for any other daill or relief requeeted by tbe ph.lntlf!. You lay 10lle lIoney or property or other rlghtll i.portant to you. YOU SHOUIJ) TAU: THIS PAPIR TO YOUR I.AWYKR AT ONel. IF YOU 00 NOT HAVI A I.AWYIR OR CANNOT AFJORD ONfl, 00 TO 00 ULIPJlONE Till orrlCII SIlT PORTIf IlIL01f TO PI NO OUT WHIRl! YOU CAN GIlT 1.t:OAL 1I11.P. OOURT ADMINISTRATOR, 4m FLOOR lJIOOlIIU.ANl> OOUNTY 00llRTHOU81 CARLISLE, PINNSYI.VANIA 17013 TILMPHONI NUMBIRI (717) 240~6200 TllOlhJ W. Grl... I 1 N TlIIl (:Ol)aT OF (:oMllON PUA8 OF Plalnllff I I C\lJlBIB/.AND OOIlNTY, PlNN8YJ.VANIA on behalf of the I .loor chlldrenl I 01 VII. AOTION - !.All Kenneth He.pBlead I ZacharJ B. Qrl"B I NO.S1J.>9 CIVil. 1111)4 I v.. I PRO'I'ICT 1 ON noJII ADU81l I AND CII8TODY Calherlne H. Orl"B, I Defend8lll I l'Ull'lOLM.8lllJ'lC71Y.L.0iDIB Aml..cJJan>DI Bl1lJ.f.JJ.NJJEB.Tllt:, PJiQmTl.OJL.F.RllM ABUSE Mll'..., 2,1. "A",J)LIJ..A,..JilI.Il1WLUllLd,dl!lJh A,,__ADUMl 1. The plaintiff 10 an ~Iult Individual whose perBanenl addreeB IB 127 HerBhey Ro~l, Rout.e 13, Bhl ppensburg, CUBberland Count.y, Pennaylvanla, 172117. The plal.nt,Iff brings this action on behalf of tbe minor children, Kenneth HeBpstead and Zachary R. Orlillls. 2. The d<lfendant Is an adult Individual whoBe preeent reeldellce Ie, to t.he best. of Illalntlff'B knowledge, Buut.h Hampt.on Trailer park, Lot 1, Shlppensburg, Pennsylvania. 3. The defendant Is the plalntlff'lI comlllon-law-wlfe. 4. Blllce apllroxlllately 1993, t.he defendant haB alte.pted t.o cause and haB Intentionally, knowingly, or reckleeely caused bodily Injury to the Blnor children, Kennet.h lIeBpetead and l.aohary R. Or III!lB , and by phYBlcal Benace hall ph,oed the. In fear of IlIBlnent scrlous bodily Injury. ThlB has Included, but Is not IIBlt,ed to, t.he followlngl on eever"l occalllonB during t.he laBt year, the defendant. haa punched Kenneth lIellllstead and Zachary R. Orlgg. in their oheet,1I and forocfully grabhed thelll by the hack of their n'Jcke cauBln. the plaintiff to fear for the children'. aafet,. 5. The plaintiff hellevllR and therefore nVllrR th"t the children, Kenneth Ilelllllstend /Inri Zaeh/lry R. <Jrlllllll, will be In IBlle,llate and pl'eBent d..n,er of abulle fI'ol t.he dllfelldllnt. IIh,)Uld t.hllY relaln III t.he hOle wlthuut defendallt'lI eXlllulllon and t.he chddrllJl /Ire In need of prot,elltlon frol Buch abu.o. B. TIII~ABLml8'1'OJ)Y 6. The plaintiff BeukR t.elporary custody (If the follow In. ohlldrelll NAIll P.UI.!!1U_ R.uidJllli1Jl AU Kenneth Helpstead 127 Herahey Rd., Rt. 13 12 yr/$. old Car-liule, VA 0011 1/27182 Zachary R. Orl.,a 127 Heuhey Rd., Rt. 13 9 Yrll. old Carlisle, PA DOB 11/1/84 Albor-SunBhlno Orl'lIB 127 Herbhey Rd., Rt.. 13 7 )'rs. old CarliBlo, PA llOB 12/29/8.6 Jacqueline A. Orl~lls 127 Hershey Rd., Rt. 13 ~ )'rs. old eliI' lisle, PA 008 9/10188 The children, Zachary, Alber-Bunshlne, Bnd Jac1uellne Orl,.. were not born out of wedlock, Bnd Kenneth lIellpstoad Is tbe lllalntUf'B step-Bon. The children Ire preaontly 1/1 the cuatody of the plaintiff who relldel at 127 HerRho)' Road, Rout.e 13, ClIl'llsle, Ponnlylvllnlll. Durin. the paat five years, the chlldron havo roalded with the followln. personB and at. t.he following addreBsoRI tiJoU AdJI.r.!lJI.IWA llW1I Plaintiff and 1409 S. l~th 81.. 1/89 to Defendant Harrisburg, PA 4/90 PlalnUff and 410 N. WeRt 8t. 4/90 to Defendant Carlisle, PA 2/93 P1B1ntlff and Various lotell and 2/93 to Defendant calp grounde In 8/93 CUllberland Count)' Plaintiff and 127 Hershey Rd., Rt. 13 8/93 to Defendant Car lisle, PA 17013 1/30/94 Plalnt,lff 127 HerahllY Rd., Rt.. 13 1/30/94 to Cnrllsle, PA preaollt The fat.her of the children la Tllothy W. ()r illlla , tho plaintiff, children alld can bOllt uartl tor thOIll III tho futuro. b. The dofomlallt loft t.l11l chlldroll In the plalntlff'l ellBtody 011 llr about Jannary 30, 1994, and haa not provldod !lny Inforllat1on al to her whereabouts. 11. The plaintiff requests that tho defendant be ordered to refrain frOM reMoving !lny lit the children frill their luhoolR. IJ,L.JlXillJIJ.lUYIL fOBBJIlIl101f 12. The hOllle whluh the plalntl ff Is Bilking the Court to excludll! the defendant frOB 1B owned In the names of the plAl.ntiff and the defendant. 13. The plalnt.lff curr"ntly hall no place to stay with the children except the Marital bOle, and the defendant voluntarily Mllved out of t.he relldenoe on or about Jllnul1ry 30, 1994. 14. The plaintiff desires posaesslon of t.he Illobile hOlllll 110 as to give the greatest degree of continuity to lives of tbe uhlldron and to allow theM to contlnull their lldlwatlon I,t tb..II' sellools Rnd to contllllle thlllr school and aoclal activities. D-,-_-B.U 1'I.'QB.T 15. The defendant hilS a duty to support the lllalntlff and their Minor children. 16. plalnt.lff. 17. 18. The defondllnt' s present omploYllllnt \lIforBatloll Is unknown to the Tho plaintiff currently has no Income. The plaintiff Intends to plltltlon fllr support within two weeks of the Issullnce of 11 protective order. IlL..lIl'ATIJDJ9.JlBOOJl~.J1fJ:QM^._PA.l)l'JIillJ 19. The plaintiff does not havll funcis available to PBY the teea for filing I1nd servlcll. WlIEREf'ORf:, pursuBnt 1,0 thll provlBiollR of the "Prot,ectlIJII frOM AhuRe Act" of Octobor 7, 1976, 23 l'a.c.R.A. Sedloll 6101 'It !leg., lIa alllnded, the plaint I rr prays thillllonur/,bla Cuurt. t,o iCrllnt. t.he followlnll relief: A. G,'ant. a Tellmrary Order Ilursuanl, I." t.he "Prot.eot,lon frol Abuse Aot" I 1. Reljulrlnll the rlefendant to refrain frol abulIlllll the Ilnor ohildren, Kenneth lIelPst.ead and Zaohary R. Orillllll, or placlnll t.hel In fear of abuse. 2. Grantlnll telporary legal and physical llUBtody of tbe Ilnor ohl1dren to the plaintiff. Requlrlnll the defendant to refrain fro. relovlnll any of the children frol tholr BI1hoo1B. 3. Grantlnll POBsesBlon of the .oblle hOle looated at 127 Hershey Rllad, Noute 13, ShlppenBburl!, Penneylvanla, to the plalnUff and the children to the excluelun uf t.be defendant pendlnl! a final order In thh aat ter. 4. Ordering the defendant to Btay away frol any reBldenoe the plalnUff lIay ill I,he fut.ure olltabllllh for hl.Relf and the children. B. Schedule a baarinll In aecurdance wi th the provlslonB of the "Prot.ectlon from AbuRo Act.," and, after Ruch hearlnl!, enter an order to be In effect for a per lod of un.. year: 1. Rellulrlng t.ho defendant. to rofraln frol abuRlng the alnor children, Konnet.h lIelllRt,oad and Zachary R. GrlgllR, or placlnll the. In fear of abuso. 2. Granting pORseRRlon of t.he loblle home located at. 127 lIorehey Road, Routo 13, Shlpllenehurg. PonnRylvanla, to I,he plaintiff and the ohlldren to tbe oxcluRlun of the defendant. 3. Orderlnll t.he defendant, t.o IItay away fro. any reRldenoe the plalnt.lff IllY In t.he fut.ure ellt,/lhIIRh fur hllleelf /llld t.he children. 4. Or/mUng Rupport. to t.he plnlnt.lff and t,he children In an appropf'lnl,e allount. n')'lordlnll the pl alntl ff' R IneoDle. The I>lalnl,I'f furt.her aRks thllt, t.hlH P'lt,lt,l<m he filed and eervlld wlt.huut. lUIYlllent. of I:Ollt.H, Ilendlnll n further urder nt. t.he hfJarlnll, and that. a I' g . ~' It ill; ~;~: ,j - .1.,... ~ ,,,~ ;' ~ :\,.. , ..' '/) "(h 'II.. " (i;) , \'-1 , "- " ~;, I ~ i i1'l ~:; ..;, " ,~. Ii) , I " , , ,) '1'1 '1,1 " " , I' " " , " " , 'I , I " " " ',i I' I '1\ 'I " , , I " i,' " ,I, ) " " ..1 I' 1 , '" I' I' unneQe.~ary delay b~fore the ~Qurt that I~.ued the Order. When that court i~ unavailable, the defendant shall be taken before the appropriate district Justice. . , . . I : . , , , , 'I " . , " ' l'l'li 'I! " '; , I, ., ' , ' 'I , " " , " 1 I' 1'1 pli , ,I ". va. IN l'HE COURT Of COMMON PLE~S OF CUM8ERL~ND COUNTY, pENN8YLVANI~ CIVIL ~CTION - l~W NO. 609 CIVIL 1884 PROTECTION FROM ~BU8E AND cUSTODY Timothy W. Grigg~, Plaintiff on behalf of hie minor children: Kenneth Hempatead Zachary R. Griggs Catherine H. Griggs, Defendant ~ND NOW, .c.u.nQQ.'t.~QEB this _J,{ day of February, 1994, upon coneideration of the partIes' Consent Agreement, the following Order is entered with regard to custody of the parties' ohildren, Kenneth Hempstead, Zachary R. Griggs, Amber-Sunehine Griggs, and Jacqueline A. Griggs. 1. The plaintiff, hereinafter referred to as the father, will have primary physical and legal custody of the children. 2. The defendant, hereinafter referred to as the mother, will have partial custody of Amber-Sunshine and Jacqueline A. Griggs at times and places agreed upon by the parties. 3. The mother' will have supervieed visitation of Kenneth Hempstead and Zachary R. Griggs, at times and places agreed upon by the parti8ll. 4. The mother will refrain from removing any of the minor childrsn from their schools without thQ father's permiseion. 5. Each parent will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 6. Neither parent shall do anything which may estrange the children from the other parent, or injure the opinion of the children ae to the other parent or whioh may hamper the 'ree and natural development of the children', love or re.pect 'or the other parent. ", I " '. "1' " .1 " I ., , , Ii , . I , , 'i, " 'I' I , FEll Ii) 10 ~o AH '911 ':1 I ~u ",;., III I'U, 11 ',101 " .II (;!. ,r (,',1,1, \ 1/\"')', ", ry ,\ " " , , " It \1 , , , , 'I , , " " " " , '" " , , I 1 I"~, " " , I, " " , I I 'I " ';I 1-" , ' " I" ;, ve. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 669 CIVIL 1994 PROTECTION FROM ABUSE AND CUSTODY Timothy W. Griggs, Plaintiff on behalf of hie minor children: ~enneth Hempstead Zachary R. Grigg. Catherine H. Grigg., Defendant !2QtHi.EtH __~.-.E.EM.et:H "tA This Agreement is ontered on this...iJL..__ day of February, 1994, by the plaintiff, Timothy W. Griggs, and the defendant, catherine H. Grigos. The plaintiff is represented by Joan Carey of Legal Services, Inc.; the defendant is unrepresented but is aware of her right to have an attorney. The parties agree that the follOWing may be entered as an Order of Court. 1. Tho defendant, Catherine H. Griggs, agrees to refrain from abusing thq plaintiff's minor children, Kenneth Hempstead and Zachary R. Griggs, or from placing them in fear of abuse. 2. The defendant agrees to pay support to the plaintiff in the amount of "00.00 evry two weeks payable by mail beginning March ", 1994, until an Order is entered by the Domestic Relations Office. 3. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 4. The defendant understands that the Protective Order entered in this matter shall be in effect fOI a period of one year. 6. The defondant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. " 6. The defendant and the plaintiff agree to th~ entry of a Cuetody Order regarding their children, Kenneth Hempstead, Zachary R Griggs, Ambsr-Sun~hine Grigg8, and Jacqueline Grigg8, providing the following: a. The father will have primary physical and legal custody of ths children. b. The mother will have partial cU8tody of Amber- Sunshine and Jacqueline A. Griggs at times and place. agreed upon by the parties. c. The mother will have supervised visitation of Kenneth Hempstead and Zachary R. Griggs, at time. and place. agreed upon by the parties. d. The mother will refrain from removing any of the minor children from their schools without the father's permission. e. Each parent agrees to notify the other immediately of medical emergencies which arise while the children are in that parent's care. f. The parente realize that their children's well being is paramount to any differences they might have between thsmselves. Therefore, they agree that neither parent will do anything which may estrange the children from the other parent, or injure t,he opinion of the children 8S to the other parent Lr which may hampsr the free and natural development of the children's love or respect for the other I' , Jim,. K. Jc)II'., t:.qulr, 411 11l1II1 L(mlhur Slrcel Cnrlllle. PA 171)JJ.2/)~7 (717) 241).4)2')/) III' I'{')!i ~ I' i'rn't"'If~\1~_'i<l (';~'I'tI"lhioIiil~'~ TIMOTHV W. GRIGGS, Plaintiff/Respondent IN '1'1110: COUR'I' (>10' COMMON PLEAS Of' CUMBE:RLAND COUN'rv, PH:NtiIlVrNANIA NO. 94-0569 CIVIL TERM vs. CIVIL ACTION--LAW CA'l'HERINE H. GRIGGS I Defendant/Petitioner cus'rODV ORDER Of' COUR'l' AND NOW, this l.1th.. day of ()c( n'lI b.... , 1995, upon <Jonsideration of the attached complaint, it is hereby direoted that the parties and their respective counsel appear before the conoiliator \)m.L.~ ,:JI..'I'dn_L\ \ ("'''l . at .~: rr){.\,n51', m.k.L. t:>fl on the _ /""', day ~f '],,''''~, 199Ji, ~. m., for a Pre-Hearing Custody Conference.' At suoh oon- ference, an effort will be made to resolve the issues in disputel or if this cannot be accomplished, to define and narrow the issues to be heard by the oourt, and to enter into a temporary order. All children 8ge 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. FOR TilE COURT, Bye 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 accesssible facilities and reasonable acooffioda- tions 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. Vou must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWVER AT ONCE. IF VOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET f'ORTH BELOW TO f'IND OU'l' WHERE VOU CAN GET LEGAL HELP. OFFICE OE' THE COURT ADMINISTRATOR COURTIIOUSE, 4TH FLOOR CARLISLE, FA 17013 (717) 240-6200 ( vs. IN THE COURT OF COMMON VLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-0569 CIVIL TERM CIVIL ACTION--LAW TIMOTHY W. GRIGGS, Plaintiff/Respondent CATHERINE H. GRIGGS, Defendant/Petitioner CUSTODY PETITION FOR MODIFICATION OF A PA~TIAL CUSTODY OR VISITATION ORDER AND NOW, comes Petitioner Catherine H. Griggs, through her attorney James K. Jones, Esquire, and brings this Petition for Modification of a Partial Custody or Visitation Order, a state'- ment of which follows: 1. On February 14, 1994, an Order of Court was entered for Custody and Partial Custody, a true and correct copy of which is attached. 2. This order should be modified because: a. Respondent is hospitalized with what is believed to be blood clots in his le9; b. Respondent has el<perienced reourring medical prob- lems such as stomach ulsers, high blood pressure and kidney problems that inhibit his ability to care for the children; c. The children have lived with Petitioner since November 9, 1995 and have adjusted well to their new home and school; d. Respondent in the past has prevented Petitioner Tim9thy W. GriQQs, Plaintiff an behalf af hilt minor chi ldren: Kenneth Hempst.ad Zachary R. Griggs V8. IN mE COIIIH OF COMMON PLEAS 01' CIJMBERLANU COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 569 CIVIL 1994 PROTECTION FROM ABIJSE AND CUSTODY Cather i ne ~l. Gr i ggs, Defendant AND NOW, I (' C!!UQ.Qy"....QBQEB thi s _.L, m day of February, 1994, upon consideration of the parties' Conaent Agreement, the followIng Order is sntered with regard to custody of the parties' children, Kenneth Hempstead, Zachary R. Griggs, Amber-Sunshine Griggs, and Jacqueline A. Griggs. 1. The plaintiff, hereinafter referred to as the father, will have primary physical and legal custody of the children. 2. The defendant, hereinafter referred to as the mother, will have partial custody of Amber-Sunshlne and Jacqueline A. Griogs at times and places agreed upon by the parties. 3. The mother will have suporvised visitation of Kenneth Hempstead and Zachary R. Griggs, at times and places agreed upon by the part i es. 4. The mother wi 11 refrain from removing any of the minor chIldren from their schools without the father's permission. 5. Each parent will notify the other immediately of medical emergencies Which arise while the children are in that parent's care. 6. Neither parent shall do anything which may estrange the children from the other parent, or injure the opinion of the children ~8 to the other purunt or which may hamper the free and nat4ral development of thu children's love or respect for the other parent. , " / Edgar " " " " , , '1'\ 'It , , I, " , , , " " ., 'I , , ' " , " . " " I, 11 II 'I; ! TIMOTHY W. GRIGGS, I Plaintiff/Respondent I I v. I I CATHERINE H. GRIGGS I Defendant/Petitionerl IN THr. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-0669 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN REI TEMPORARY ORDER PETITION FOR SPECIAL RELIEF ORDI:Jt OF COURT AND NOW, thie 38th day of December, 1996, t~ie .att.r having been called on a Petition for Special Reli.f, the following temporory order is entered: 1. Physioal custody of Amber-Sunshine Grigg_, Jacqueline A. Griggs and Zachary R. Griggs shall be with their father, Timothy W. Griggs. 2. The mother, catherine H. Griggs, shall have t.mporary physical custody of these three children every other we.kend from Friday after school until sunday evening at 7100 p.m., the first weekend commencing on Friday, January 6, 1996. This temporary order shall remain in effect pending any further order to be entered af~~r the scheduled concilietion conferenoe on the current petition of the mother e.eking cuetody of the three children. , By the court'; I (~\~.Y Edgar B. Bay / J. Joan carey, Esquire Coun..l for the Plaintiff/Respondent - (\'.\---<' '-- iIJl,..l,.( II '+1 If" , Jame. Jon.., Esquire, Esquire Coun..l for the Defendant/Petitioner lt " , " I I, I, " " " 'I ;'i I II " , !I , , 1.'1 , . . " 'I " " I I,' " , , 'I' " " , " ;,,1 " 'I II I, I I . (" <:, " , ;'1: ... ~' r~: , Ilf .. " / . (,n l I," ['" " II " 1.'1 I , t1jf , 1 ' [" . " _-:f- , 1 LJ'I' , ';!;I) I I' :J t:.:' ,") Ii I ,I I " ,I, " I, , . F!' rI;-(j::-r:cr! rl': 'I ," I' '11'1'''1'''''( \1 1 ;, "J in ,.,. rl':i" '.1(1 .,.I.) .1 ,t.;} r,1 \ 'J: 1(. C;U:..iil",,',1 i', !) (,Ii'): ITY l'I't"I' ""{I."I'" \ " 'I '.,.1 l,j.1 ,1 'I " I, .' .. I' " I' , , " , ," , , " , " , I , , , , " " " , " ,- " " , i1 ,', " " , 'I , I " I I , " -, , I' , , J'., 'II I " !i'i ! ' '1 I, iil d I 1 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-0569 CIVIL TERM CIVIL ACTION--LAW TIMOTHY W. GRIGGS, Plaintiff/Respondent CATHERINE H. GRIGGS, Defendant/Petitioner CUSTODY PETITION f'OR SPECIAL. REl.t.UlE 1. On February 15, 1994, this Court entered an Order for oustody and partial custody granting plaintiff primary physioal and legal custody of the parties children. 2. Since the time of the order, defendant has maintained contact with the childr.en. 3. Plaintiff has suffered from various physical illnesses inoluding stomach ulcers, high blood pressuro and kidney problems which limit his ability to care for the children. 4. On Novembor 9, 1995, plaintiff was hospitalized and custody of the children was given to defendant by plaintiff. 5. The children were enrolled in the Carlisle School Dis- trict and have adjusted woll to their new schools. 6. On December 14, 1995, defendant filed a petition to modify the custody order and the court scheduled a Pre-Hearing Custody Conferenoe for ,January 16, 1996 before the conclJ.iator appointed in this matter. 7. On December 24, 1995, plaintiff appeared at defendant's residence with police officers to regain custody of the children bas~d upon the February 15, 1994 oustody Qrder. An agreement was made that he oould take the children for ()hristmas from :l: 00 p. m. to 6:00 p.m. Despite this agreement, plaintiff has not returned the children at this point. 6. Defendant requests that this Court maintain the status quo that existed before pLaintiff's breaoh of his agreement since the children are due to return to school on January 2, 1996 and will be unable to due so as plaintiff residos outside the Car- lisle School District and further, the children have adapted well to living with their mother and desire to remain with her. Defendant is also concerned that plaintiff's physical limitations will inhinit his ability to properly care for the children pend- ing the oonciliator's conference. WHEREFORE, plaintiff requests this Court to grant temporary oustody to defendant/petitioner pending resolution of the oustody matt.er. Respectfully submitted, /,) "'-) , "/" /' , ,,' - /" -L-._ );a"-'- J~S K. Jones, uire Attorney for P~itioner Suite 222, 401 E. Louther Carlisle, PA 17013-2657 (717) 240-0296 --'-" st. ',' I il , , I' I " " ,/ ,I , " " " ~ - ~ - ,," ~f.! M (:~:"j " ;r. ()C' ~51\! '1.. n~ ':"... r- : I' l~ ~ G1I C'J ._J,'. . C- 0" '(-'; rdl'l f.,') ~rt! ,. I l f~1 r.' C_.' 'I. I.., ....) ,;, ~ .. '", :, !, " " , , 1,1 I' 'I ,,' , ,) , ' , ' , I I, , , ,; ( 1 " I, " . " " ,,, " , , I, , 'I I', \, " , ' " , [':' 1 \,',,' I, I" :1 I' "'I ,}I I, (jl~I:~~ '"" ,1,II"'i'; 'l\iW : r " i'! } ~ 'I " { JI:./)IJIJI ;',1' 'I; " 1I.~~_)iM, ' "'I,"'" ' ..",. ., "f Ii' "tI'~!I'" L" . 'I ".I"'~I"'.,;\, "w ,iL,.), ~ h'.I.~ ,.',j....~I,~III!!\f1tio.",-h,I'''"~~~I,...',-". ""'i' H' I.., j, , "'.'\""1;' iONOTARY ERLAND COUNTY COUIHHOUSE :OURTHOUSE SQUARE SLE, PA 170"-3381 I I, I' , T1moehy W, Gri99s 460$ Warrington Avenue M.ohaniosbur9/ PA 17056 " " ", '1-;'" J~"'~"'''I-'",j '\ j , , " " I' I I I , , " " I " " ;, " , " '" il " I " ,\ , , ,,' ~': Ai i'-- I' '..- - 'l'IMO'I'IlY W. OrUO(lIl, Plaintiff/Respondent IN 'l'lm CClUR'I' ()li' COMMON PI,1':A5 OF ClJMlIEIU..ANIl COlJN'l'Y, PENNSYLVANIA NCl. 94-0569 CIVIL TERM V/l. CIVIl. AC'l'IClN-"LAW CATHERINE II. GRIGGS, Defendant/Petitioner ClJS'l'ODY PU:'l'l'l'ION ["OR SI'J:,CIAI, RUll,rEF' 1. On F'ebruary 15, 1994, lhis Court entered an Ordor for ouotody and partial oustody granting plaintiff prirndry physioal and legal oustody of the parlies children. 2. Since the time of the order, defendant has maintained contact with the children. 3. Plaintiff has suffered from various physical illnesses including stomach ulcers, high blood pressure and kidney problems which limit his ability to care for the children. 4. On November 9, 1995, plaintiff was hospitalized and custody of the children was given to defendant by plaintiff. 5. The children were enrolled in the Carlisle Sohool Dis- trict and have adjusted well to their new 50hools. 6. On December 14, 1995, defendant filed a petition to modify the custody order and the courl scheduled a Pre-Hearing Custody Conference tor ,January 16, 1996 before the conciliator appointed in this matter. 7. On !lecembeI' 24, 1995, pj,'linUff appearod at defendant's residence with police officers to regain custody of the children "" 'l'IMO'I'IIY W. OIH<JG/J, plaintiff/Respondent IN 'I'm: COUR'I' Ol" COMMON Pl,EAS OF CUMllFlIU,ANl> COUN'l'Y / PIilNNSYrNAtilA NO. 9~-D569 CIVIL TERM Viii. CIVIL ACTION--LAW CM'flf:R I NF: II. GR !Clel/J , Defendant/Velilionor ." , ) 1,J1 ", I , I I".J ,'''J 'I, I CUS'l'OUY 1,1;:') , ',1 ...: ,.-J , ; ~1.1 :,'! "I , ):.1, : -~ ;;;~ . . '.' r.,} :~7j ,,) .- "1 ail didO!') reii' , " PE'I'I'l'l.ON [,'Ol{ SI'F:CIAr, RE:1.UJ.f. 1. On February 15, 1994/ thi B Court entered custody and partial custody granting plaintiff primary physical and legal custody of the parties children. 2. Since the time of Lhe order, defendant has maintained contact with the children. 3. Plaintiff has suffered from various physical illnesses including stomach ulcers, high blood pressure and kidney problems which lImit his ability to care for the childr~n. 4. On Novomber 9/ 1995, pl.aintiff was hospil:alized Bnd custody of the children was given lo defendant by plainliff. 5. The children were enrolled in the Carlisle School Ois- trict and have adjusted well to their new schools. 6. On December 14, 1995/ defendant filed a petition to modify the custody order and the court scheduled a Pre-Hearing Custody Conferenco for ,Januar.y 16, 1996 before the concilialor appointed in this matter.. 7. On December 24/ 1995, plaintiff appeared at defendant's residence with police officers to regain custody of the children ~ based upon the February 15/ 1994 custody order. An agreement was made that hO could tako the children for Christmas from 2:00 p.m. to 6:00 p.m. Deapite tll.la aqrnoment/ piaintiff. has not returned the children 'at 1.I11a point. O. Defendant requests that this Court maintain the stntus quo that existed before pla1ntiff's breach of his agreement since the children are due to return to school on January 2, 1996 and will be unable to due so oa plaintiff realdea outside the Car- lisle School District and further, the children have adapted well to living with their mothor and deaire to remain with her. Defendant is also concerned that plaintiff's physical limitations will inhibit his ability to properly care for the children pend- ing tho conciliator's conference. WHEREFORE, plaintiff requests this Court to grant temporary custody to defondant/petitioner pending resolution of the custody matter. Respectfully submitted, ,-,I ", ~ I (_,__..-. ~t'- /"_.:------. J~~~ K. JOnes,~4Uire Attorney for p~titionor Suite 222, 401 E. Louther 51:. Carlisle, PA 17013-2657 (717) 240-0296 I'll fD.'" i' l'ir:E (jF " " (,01 "..,'II'/,ilY 9fl OCr. II I't\ ~\; 10 ~LJI.h;'.'..I., .' ':'' ;:li'jI Y H:.I'II';)'II.':/'tM J';'l,II.!Y (/tvl/'YI ;1*'/.11.1 , ~-:l~,1- ~ IIIJ( YbR..'.#' IIfu"di"~' tf! IJ//I- ~ 11P ;/~fti./ ~' ,,'1 ,-.x(,~ \, , , " " , I,ll I I " 1;1 I " " " ,', vs. I IN THE COURT OF COMMON PLBAS OF I CUM2ERI,AND COUNTY, PENNSYLVANIA . . CIVIL ACTION - CUSTODY . . 94 - 569 . . TIMOTHY w. GRIGGS, Plaintif,t CATHERINE H. STONE, (formerly CATHERINE H. GRIGGS) Defendant cmJGAlULU'U'U.olL '9JI. JlO JUrl,CAUOILjU'_ _.c.u_U..oJU_--OADD TO THE HONORABLE, THE JUDGES OF THE SAID COURT. I. Plaintiff is Timothy w. Griggs, an adult individual who currently resides at 127 Hershey Road, Shippensburg, Cumberland county, Pennsylvania 17257. 2. Defendant is catherine H. Stone (formerly Catherine H. Griggs), an adult individual who currently resides at 48 West High Street, Apartment 3, CarliSle, Cumberland County, Pennsylvania 17013. 3. PlaintHf seeks modification of a prior custody order involving minor children Zachary R. Griggs (D.O.B. 11/1/84), Amber Sunshine Griggs (D.O.B. 12/29/86) and Jacqueline,A. Griggs (D.O.B. 9/10/88) . 4. Plaintiff and Defendant have not lived together for many years and maintain separate residences. 5. During the past three (3) years, the children have primarily resided with Plaintiff at his address located at 127 Hershey Road, Shippensburg, Pennsylvania. 6. The natural mother of the children is Defendant who currently resides with a male friend, Reith Stone. 7. The natural father of the children is Plaintiff who currently resides with Charlene E. Christmas. 8. A prior custody order dated January 25, 1996 (attached hereto as Exhibit A) presently exists, however circumstanoes have changed requiring modificaHon of such order. 9. Plaintiff has no knowledge of any other litigation concerning the cust.ody of the children in this or another. court and Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 10. During the past several months, the children have reported to Plaintiff that Defendant and her male friend have been engaged in dealings of drugs and using drugs in the presence of the children. 11. The children have advised Plaintiff that Defendant and her male friend use drugs and the smell of such drugs make the children sick. 12. The children are presently engaged in Drug Alcohol Resistance Education (DARE) programs and Defendants use of controlled substances is contrary to the education they are reoeivillg. 13. upon further questioning by Plaintiff, the children told 2 Plaintiff that Defendant purchased mariiuftna in their presence and that Defendant has used cocaine in their pre8ence. 14. Paragraph 6 of the most recent cU8tody order requires that Mother retrain from the use of illegal drugs in the presence of the children. 15. Plaintiff has discovered head lice on the children following visits to Defendant's residence on sever.al different occa8ions during the past several months. 16. Defendant's conduct and activities involving the use and sale of drugs, in or outslde the presence of the children, con8titutes dangerous and criminal activity causing severe and potentially irreparable harm to the minor children. 17. As a result of Dofendant's activity, communications between the parties have been strained, custody contacts have been irregular and disrupting to Plaintiff and the children. 18. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 19. A current custody order and agreement is necessary to reflect the change in circumstances since the parties's last agreement. 20. The best interests and permanent welfare of the children will be served by ordering that both parties share legal cU8tody of the children and directing that the prosent custody order be J , modified witn an O~der directing that Plaintiff shall have p~ima~y physical custody of the children and that Defendant shall have periodD of partial, supe~v}.sed o~ x'estrictod custody activities for the following ~easons' (A) plaintiff is a fit parent who can take ca~e of the children and who can provide them with a supportive, safe and healthy environment, (B) Defendant's conduct and behavio~ is not in the belt interest of the children in that, (i) Defendant has blatantly Ilsed, sold and dealt controlled and illegal drugs in the presence of the minor children in vj,olation of the January 25, 1996 Court Order, and (ii) Defendant has placed the children in dangerous and uncertain environments wJ,thQut Plaintiff's consent and Defendant continues to act in an irresponsible manner without consideration ot the interests of the minor children, and (iii) Defendant is unable to provide the children with a clean and healthy environment when the children spend time with her. (iv) Defendant's use of illegal drugs and denial of respollsibility for such use has resulted in hostile communications towards plaintiff in the presence of the child~ell, 21. Each parent whose parental rights to the children have not been terminated and the person who has physical custody at the children have been named as parties to this action. 4 " " " " I I ", " '.I ",1, 'I, I , , , , ,I , ,I " I , , " I 1 , , , " 'I " II" , ' ,I " " , , " " , I " , " , I,' I' I' " lilUlXBll' "A~I " . \ ,',. ," ' ,~ ..." . \L" '.,' ,,',,, ,,' .' :;;, :;:: ')jit;r~'. '~h? I , ;V"'~I;;ii)i1',;',:,j;ti~, ' ' t t I" .' " ,~ ",I ' " '.," '. I ,"0 .... ,'.. ~l ,- TIMOl'HY W. GR WGS , Plaintiff VB. r IN THE COURT OF COMMoN PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94-0569 CIVIL 1'ERM r 1 CIVIL A~rION - LAW I CUSTODY CAT/lERlNE H. GRIGGS, Defendant 00DIIlR 011' CXlORT - AND ~, this upon consideration of the is ordertd and directed as ~ ., attached follOW/ill day of .) ,~ CUstody Conciliation Suhmary , 1996" Report, it 1. A Hearing is achedullld In Court Room No. J,t. ., of the Cu.rland j:?~ Court Houae on the ;,~-ti day of '~1A..7 , 1996, at ,:, .m. at which time testimony 1n 'tf\ls case will be taken. At t, s 8aring, the Mother, Catherine H. Griggs, shall be deemed to be the moving party and shall proceed Initially with testimony. Counsel for each party shall file with the Court and oppoalng counsel a memorandum .ettlng forth their position on custody and also setting forth a list of witnesses who will testify at the Hearing along with the anticiP4ted testimony of each witneas. This memorandum shall be fllod at leaat ten (10) days prior to the Hearing date. 2. In the ev~nt either party retains an expert for purposea of further eVal',ation of the custody situation, that party shall provide information concerning the expert and any supplemental repon ta oppoalng counael ..It least ttn (0) days prior to the Hearing date. An expert will not be p*rmltttd to testify at thll /learing unleas a written report is provided to opposing counsel within the foregoing time frame. In the event the parties are Ilatistied with the written report, the parties may stipulate to the adniasion of s profesllional's report Into the record in lieu of that profeasional's testimony. 3. Pending further of this Court, the Mother, Catherine H. Griggs, and the Father, Timothy W. Griggs, shall have shared legal custody of Zachary R. Griggs, born November I, 1984, Amber Sunshine Griggs, born December 29, 1986 and Jacqueline A. Griggs, born September 10, 1988. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial phYSical custody of the Children on alternating weekends from Friday after school until Sunday evening at 7100 p.m. 5. The parties shall share custody of the Children on Easter Sunday in 1996 at times to be mutually agreed upon by the parties. I' , , " I " 1\ IL " " I' " " I , , , , " I " 'I ii, I , , 'il <,I 'j , I' I , , ' , 'I ) . I ' , I 'I . , , q " , , , I ,',., , 11 ,! @j~ ~II~ :tj .i i ~I ~' .- :~ ~ f J ~ , , ~ ~ ~~ ~8 'ii, ,$;; . ~ .' ~ ~ I c c.. ~ II ij '~\l . j J, ",! J . III :it I I , , , I , ' , , , , , ; I II' , , " It' , I: , ,II, I ' , 'I , , , , ,'I ,I) , ". "~ 1/'- TIMOl'I:'l W. GRIGGS, Plaintiff IN THE COURT OF ca-It<<JN PLEAS OF C[JMBERI,ANO COUN'l'Y, PENNSYl.VANIA va. I I I I I I I NO. 94-0569 CIVIL TERM CATHERINE H. GRIGGS, Defendant CIVIL ACTION - LAW cusroOY amIIlR 01' <nJR'1' NID tor, this 2, .," day of ,) ,~ I,lpon consideration of the attached Custody Conciliation SU1rmary is orderecl and directed as followsl , 1996, Report, it: .0-' 1. A Hearing is scheduled in cou):'t Room No. ~ ), of the cuni:>erland ~:~./~ Court House on the ;,~-tA day of '1.1.. 1 , 1996, at <"~I .m. at which time testimony in a case will be taken. At t s Hearing, the Mother, Catherine H. Grl9gs, shall be deemed to be the moving party and shall proceed Initially with testimony. Counsel for each party shall file with the Court and oppcllJing counsel s memorsndum setting forth their position on custody and also setting forth a 1 ist of witnesses who will testify at the Hearing slong with the antiCipated testimony of each witness. This memorandum shall be filed at least ten (10) days prior to the Hearing date. 2. In the event either party retains an expert for purposes of further evalustion of the custody situation, that party shall prOVide information concerning the expert and any supplemental report to opposing collnsel at least ten (10) days prior to the Hearing dllte. An expert will not be permitted to testify at the Hearing unless s wrItten report is provided to opposing counsel within the foregoing time frame. In the event the parties an satisfied with the written report, the parties may stipulate to the admission of a professional's report Into the record in lieu of that profesalonal's testimony. 3. Pending further of this Court, the Mother, Clltherine H. Grlg9s, and the Father, Timothy W. Griggs, shall have shared legal custody of zachary R. Griggs, born November I, 1984, Amber Sunshine Griggs, born December 29, 1986 and Jacqueline A. Griggs, born September 10, 1988. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial physical custody of the Children on alternating weekends from Friday after school until Sunday evening at 7:00 p,m. 5. The parties shall share custody of the Children on Easter Sunday in 1996 at times to be mutually agreed upon by the parties. TIMOrHY W. GRIGGS, I IN THE COURT OF CC>>IMON PLEAS Ot' Plaintiff I CUMBERLAND COUNTY, PENNSYl.VANIA I VII. I NO. 94.0569 CIVIL TElUol I CATHERINE H. GRIGGS, I CIVIL ACTION - LAW Defendant I CUSTODY PRIQ{ JlJD(IBr Bdgor B. Sayley WSTOOY aJoICIJ.IATI<Jf IUllARY RJIlIlaf1' IN ~ WITH aKl8RLANO CXUfl'Y RUtH CI CIVIL m;..NIllRB 1915.3.6, the undersigned Custody Concillstor submits the following report 1 I. The relevant information pertaining to the Children who are the subjects of this litigation is as followsl ~ Zachary R. Griggs Amber Sunshine Griggs Jacqueline A. Griggs BIRTHDATE CURRENTLY IN CUSTODY OF November I, 1984 December 29, 1986 September 10, 1988 Plaintiff/Father Plaintiff/Father Plaintiff/Father 2. A Conciliation Conference was held on January 16, 1996, with the following individuals in attendance I The Mother, Catherine H. Griggs, with her counsel, James K. Jones, Esquire, and Joan Carey, Esquire, counsol for the Fathor, Timothy W. Griggs. The Father was not able to attend the Conference due to a miscommunication with counsel. However, Ms. Carey wss able to contact Mr. Griggs by telephone to discuss developments during the Conference. 3. By prior Order of this Court dated February 15, 1994, the Father was granted primary physical and legal custody of the Children and the Mother was to have periods of partial custody by mutual agreement of the parties. Since the time of that Order, the Father has had substantial health problems and the parties agreed tnat custody should be transferred to the Mother on November 9, 1995, during the Father's hospitalization. After his hospitalization, the Father attempted to regain custody of the Children but the Mother refused. on a Petition for Special Relief, the Father obtained an Order from thlo Court dated Decell'ber 26, 1995 awarding the Father primary physical custody of the Children pending the Custody Conciliation Conference. The Order further provided for the Mother to have partial custody of the Children on alternating weekends from Friday after school until Sunday evening at 7100 p.m. 4. The Mother's position on custody is SS follows I The Mother filed a "etition for Primary Custody on December 14, 1995 lifter hllving had the Children reside with her since Novear 9, 1995 during the Father'. ho.pitalhation. The Mother believes thllt the Ii'lIther'a aerious mediclIl problema (including removlIl of hia stomach, repeated operlltions and multiple blood clots) prevent him from being able to provide adequllte care tor the Children. The Mothtr lllao noted thllt the Father h/l.d been diagnoaed with manic-depressive disorder. The Mother stilted that the Children had adjusted well to the IIgreed upon change In cuatody in Novear 1995 IInd had been doing better in the Cllrlisle School District from November through Decear than they had been in the Shippensburg School District where the F/l.ther resides. In response to the E'ather's concel:'ns thllt the Mother'lI living situation is not adequate for all three Children, the Mother atllted thllt her one bedroom apartment which she sharea with a rOOflllll\te, includes one bedroom, one bathroom, a kitchen and a livingroom. The Children sleep on separate fold-up cots in the livingroom. According to the Mother, this arrangement worked well over the two month period she had custody. The Mother, through counsel, indicated thllt she would be interested in having a psychological evaluation performed at the Steven's Cent.er for both parties and the Children to assist In resolution of thi~ custody matter. 5. The Father's position on custody is as follows I The Father's position 11/1 expressed by counsel at the Conference, was that the Father's health is improving, he is home from the hospital and is not curr:ently employed. The Fllther believes he i8 physically IInd otherwise able to care for the Children as primary custodian. The Father expressed concern that the living, and pIlrtlcularly sleeping arrangements, at the Mother's apartment are inappropriate and sufficient tor thoi Children. The Father alleged that, due to pIlst incidents of physical abuse of the Children by the Mother, it is not in the Children's best interest to reside with her. It should be noted that the Mother denied the Fllther's allegations of lIbuse Ilnd also made allegations IIgainst the Father concerning spouslIl abuse. The Fllther's counsel indicated that although she does not believe a psychological evaluation Is necessary at this point, she will consult witt) her client to determine whether a joint evaluation would be acceptable. 6. A Hearing on the issue of primary physical custody will be necessary in this matter. The parties were able to agree on the terms of custody pending the Hearing with the exception that the Father proposes that the Mother hllve partial custody of the parties' two daughters on certain weekends and of their son on other weekends so that all three Children are not together for periods of weekend custody at the Mother's residence. 7. A Hearing in this case should take appl:'oxlmately one-half day. The Concilla.tor recornnends that the existing Order, dated December 28, 1995, remain in effect pending Hearing with additional provisions agr~ed upon by the parties as Incorporated in the attached proposed Order. ~~~ DIllin S. Sun ay, Esqu e Custody Conciliator Oate 1/~f1f.J I r , . , " l'i I TIMOTHY W. GR1.GGS, Plaintiff/Respondent IN THE COURT OF COMMON PLmAS or ClIMBERI,AND COUNTY, PENNSYLVANIA NO. 94-0569 CIVIL TERM vs. CIVIL Ac'rION--LAW CATHERINre H. GRIGGS, Defendant/Petitioner CUSTODY P~TITIQN TO WIT~DRAW PETITION FOR MODIFICATION OF A PARTIAL C U S1 0 D Y 0 R V I S I'r(\r.I.Q.ILQIiI:l.ER 1. On Deoember 14, 1995, Petitioner filed a Petition for Modifioation of a Partial Custody or Visitation Order in the above matter. 2. After the parties were unable to reach an agreement at the oonciliation conference, this Court set a hearing for April 25, 1996 at 6:45 a.m. 3. Since that time, Petitioner has found it necessary to reside at the Domestic Violence Shelter and therefore is not in a position at this point to request custody of the three ohildren involved in this matter. 4. Petitioner therefore desires to withdraw her Petition for Modification of a Partial Custody or Visitation Order and oanoel the hearing set for April 25, 1996. " " ',1 .. '"' , , ~~6t '€v~ Wt) € ~ot ~ Vej '1;1161"~O . I;1nlJI;1AV ^lJl;1qll ''I 17 . lIol ^lJlIqll LJOllUJOdJoQ IOIJOl6SajOJej V UMOJS pUB Je~8)f , ! :, . " I " , , , , I " .I I' . " " " , , ., t , " , I ,I , , , ,II I , : I 1 ;'1 , 'I I' " , " , , , , '. , " , 1 ~ ~ rO., , ,.~ , ) . , I I , . 1 " " . ,) , . " ,\.'.J I, I ~ r:',) , '.' ' '\ , \_., ,I ~ " I"IJ (;~, " ; , '~j )' ,"..) \. .~ .- '. "I ' v, IN THE COURT OF COMMON PLEAS OIl CUMfJERLANl> COUNTY .PENNSYLV ANIA CIVIL ACTION - LAW NO, 94-~6l) CIVIL TERM TIMOTHY W. (]~.I(J(JS. Phdntlft' CATHERINE H, STONE. (furmerly CATHERINE H, (IRI(J(JS) Defendalll IN CUSTODY j>j{AECIPE TO THE l'ROTHONOTARY: Please enter lilY appearunce un behalf uf the Defellllalll, Cutherlne H, Slone, Illlhe ~bove. captlulled lIIallel'. :, -.', i' I' ", . IlIme J. KIIY 1', Es ulre Llb~ y LotV 4 Ep I 1.lbe~ A '1Ille Cur I Ie. l'A'17013 (71 24:\.7922 1.1 , I " ., , ,. I; I, " Iii' 1,1 , ' ',1'1 ;--1 ,1! " Ii , I ' , . F I 'I I <;, I' , . " i~1 . . ~ ~ !~~:I .~ .~ t9 I . I~ j'j'J ~. III ~H ' ,B .. . Ill" ~~ ~ ~~ ~ ' ~. ~ I~ 1 f ~ ~~~ ~~ da2! II ~J,! ~I~ I U ::r. '" !I , , 1 I' \ , , ;; i , , I ' , I -J', ' , , ' , " -_._~ .-....--.---.----.-""-----. ._--~ .. . . . VS. I IN THE OOlJRT OF CXX>lMON PLEAS 01' I CUMBERLAND COONTY, PF.NNSYLVANIA I I NO. 94-569 CIVIL TERM I I CIVIL Am'IOO - LAW I 1 IN CUS'l'OOY TIMOl'HV W. GRIGGS, plaintiff CATHERINE H. STONE, (formerly CATHERINE H. GRIGGS) Defendant CIUJIIlR 01' c:nRr AND tUf, this t~-I- cons1deration of the sttach.ad and directed lIS followsl -.-' day of ~ CUstody Conc a on Re~, , 1999, upon it is ordered I. 'l't1e priOt. Order of this COI;.~, dated January 25, 1996 is vacated and replaced with this order. 2. The Father, Timothy w. Griggs, and the Mother, catherine H. stone, shall have shared legal r.:ustody of zachary R. Griggs, born Novel!tler 1, 1984, Alrber sunshine Griggs, born December 29, 1986, and Jacqueline A. Griggs, born BepterrtJer 10, 1988. F.ach parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisionll affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each pIIrent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same or copies thereof with the other parent within auch reasonable time as to make tho records and information of reasonable use to the other parent. In the event any of the Children requirea a major medical procedure or medical appointment for a significant illness, the Father shall notify the Mother 14 days in advance or, as soon as the Father himself receives notice. 3. ~e Father shall have primary physical cu~tody of the Children. 4. The Mother shall have partial physical custody of the Children on alternating weekends, bGginning February 5, 1999, from Friday at 4130 p.m. until sunday at 4130 p.m. 5. 'l't1e Mother shall have custody of tho Children over the Easter holiday weekend fran Friday, April 2, 1999 at 12100 noon through Easter sunday at 4130 p.m. . 6, The perty receiving custody at the children shall be responsible to provide transportation tor the exchange ot custody. 7. OUring his or her periods of custody with the Children, neither party shall use, oell or possess illegal drugs. In addition, both parties Mlall ensure that, during hill or her periods of custody, the Children are not expoaecl to third parties who may be using, selling or posseeeing Ulll9el drugs. 8. Th~ 'ather ohall make available to the Mother's counsel a letter fran the Father's treating physician confirming the specific nature at tM l1lItdications which are prescribed for the Father's medical conditions and indicating the extent by which the Father's physician is monitoring or asse..ing the continued use of the Father's prescribed lnedications. 9. The Mother sholl undergo monthly drug tests in February, March and April which utilize the least expensive procedures tor detecting marijuana and t'OCaine use. 'l't1e Mother shall be rosponsible for the costs at the drug testing. The Mother shall make availoble to the Father's counsel tho results of the drug testing pertormed pursuant to this provision. 10. Neither party shall do or say anything which may estrange the Children fran the other perent, injure the opinIon at the Children as to the other parent, or hamper the free and natural developnent of the Children '. love and respect for the other parent. The parties sholl not harass each other, but shall speak civilly to each other in the presence at the Children. 'l't1e parties shall COI11llunicate directly concerning i..ues involving the Children and the custody arrangements rather than involving the Children unnecessarily. 11. 'l't1e parties and counsel shall attend an additional custody Conciliation Conterence in the office ot the Conciliator, Dawn S. Sunday, on April 27, 1999 at 9100 a.m. 12. This Order is entered pursuant to an agr.eement at the parties at a CUstody Conciliation Conterence. The parties may modify the provisione ot this Order by mutual consent. In the absence of mutual consent, the terma ot this order shall control. BY THE CXXJRT, , ~rI~' ) J, eel Andrew C. Sheely, !.llquire - Counsel tor Father C"...tc- "...Jd<.4'.<l Q/l/H ' James J. Ksyer, !llquire - Counsel tor Mother - " .n .J ... . (,(/;UI i' 1\,1" {I/'IV Wll'\:Y?' (t ~ L) f:~On Vel '''IGllm,) . ~nLla^v APoqn '3 Y . 1101 Aliaqn . . IlOI:IJIOdJo" IULlOIHHUjOlcj V UMQJS pUB J$A8)t ,,' . ! I, , , , 1:'/ ',; \ .1 /" "I Ii"~ " I I ., , HI!~ lIj uJt~ Ie, ~~? !~lf C' I.:} , ) ~ \ " " '" "'": , ("1' ',/ I) j'~ , , t/;I -~ I I , ,.,\ ,,' r"'" ('1 :(: ,':~l ;:':1' " 'l;r' , ~:i,'(,": ..'. .:, \ t./ ':1''.1 . t';r-' .. :~ ,r) ,),' 'Q oj,} -, , , pain manajementof unk'IOWIl dosa~es, K. Respondent. by his own admission. has stated that at times he is disoriented due to his medication, 9, The RespondenlaCC\lmpanied Zachary to Uoston in December 199K, 10, The directions Klventothe Respondent by Shrinen ChlldrenlJurn Jlospital were not followed aner tbe childsJ)ecember. 1 <)<)8 visit, II, Zachary was scheduled for II return visit In February 1<)9<). 12 The Petitioner had volunteered tOllccoll1pany Zachary Ihr the February visit. U Respondent, of his own volitionllnd without any advance knowled~e on the part of the Petitioner. COlli acted the IIppl'llpriate individuals with Ihe Shrlners to cancel the February 1<)<)<) visit. There was no medical or le~al basis lilr that cancellation and it negatively impacted upon Zachary's health. 14, Petitioner made Indepcndentarrangements on her own in March of 1999 to accompany Zachary thr a make-up visit to lIoston, ,,~, When the topic of accompanying Ihe child \0 Boston was raised at the most recent conciliation conlerence which occurred in April, 1 <)99, the Respondent objected to the Petitioner accompanying Zachary to Boston for lurther trips, There was no basis slllted allhe conclliallon conterence till' Ihls ,)bjecllon, 16, The parties were unable to resolve their dltTel ences in the April 1991) conCiliation conterence In this, lInd Ihls malleI' has been Ihrwarded to the Court for a hearing that has not yet been scheduled 17. On or about April 29, 1999. the Respondent was required to ~o to the hospital as a result of his digestive condition, This hospital stay lasted several days, v. IN THE COURT OF COMMON PLEAS OF CUMBERl,AND COUNTY, PE:NNSYLVANIA CIVIL ACTION- LAW NO. 94-569 CIVIL, TERM '1' I MO'rHY W. GR lOGS, Plaint if f CATHERINE H. STONE, Defendant IN CUSTODY ORDER OF COURT. AND NOW, this 23rd day of June, 1999, upon consideration of Defendant's petition for Special Relief Pursuant to Pa. R.C.P. 1915.13, and following a hearing, the petition is granted to the extent that hereafter the parties shall alternate their presence at the medical treatment of their son, Zachary R. Griggs (date of birth NQvember I, 1984), in Boston, Massachusetts, with the father to proceed with his presence first in the forthcoming treatment and follow-up visit of the child and the mother to be with the child on the next treatment and follow-up visit. Thereafter, the parties shall continue to alternate in this manner. By the Court, J. - c~t"'.~ Il'~'....("( 1c/.J.'i Iq ,. ,.& ,1 (1 '0 ,"J , '.j;) "\'1 , , ) ";1 , '., , " \"1 ., 1,1.) , ' , , '. , '1\ " ,.,1(1'\ ,., i .. '_,1 ,II ~Jl ) , .\,:" ." ". Andrew C. Sheely, Esquire 127 South Market Street Mechanicshurg, PA 17055 Attorney for Plaintiff James J. Kayer, Esquire 4 East Liberty Avenue Carlisle, PA 17013 Attorney for Defendant tsrs .' from zaohery's medioal treatment for piok-up by Pefendant, and B. Defendant IIhal! enjoy phyllical oustody of the ohildren oommencing on Friday, August 6, 1999 at 4130 p.m. through Sunday, August 8, 1999 at 4130 p.m., and C. Defendant shall enjoy physical custody of the children commencing at 4130 p.m. on Thursday, August 12, 1999 through Thursday August 19, 1999 at 4130 p.m., and D. Defendant shall enjoy physical custody of the children commencing on Friday, August 27, 1999 through Sunday, August 29, 1999 at 4130 p.m. E. Plaintiff shall enjoy physical custody of the children at all other times during the months of July and August not specifically identiUed as Defendant's custody period in Paragraphs A - D above. F. Defendant shall pick-up the children at the commencement of Defendant's period of custody at Plaintiff's residence and Plaintiff shall pick-up the children from Defendant's residence at the end of Defendant's period of Custody. Andrew C. Sheely, Esquire Attorney for Plaintiff Jame~ J. Kayar, Esquire Attorney for Defendant BY TlfE COURT, I / /J . l{/~~U) f ( J ~ J,.,J,t( 111 'a Il,,'c{ Copy f~'ll"'O.J~/({Y 9ICYkJ ~ - J. 7/)) /9~ ~/)J /9c; 2 I , II , , " (-,I f.i) I" I ,(;~ (,I 'I my 99.)'II.?J \,\ :;1 ~e el'" 'I" . I" 'N1Y . ;hl\._:U I'", ,,') " .,,,~ . PI:.Nlbil.V/'HI/\ " " \'1 " I' " , " " I. , " " i,l 'IL, 'I " ...1 'I, , " I , , , , Ji , , , ." 1;1 " " " , I I"i " 1;1 " i,t' " ,-': \, , , .,' I, II !" , , " " '\ , , , " , , , '. '" , " ~ " ' 'I " , , " I \' " ' , , 'I ',' I I, , , , , , ' ;~~ ~ .1 ~ II ~Ih~ ~II U~j! ~p. . "~ ~ l'II ' ' ~ I ;1 lih ri II d~ ~ , II I I , " , ' 'I Ii , , , I , I' . I, \) , d' 1 , I ,L, , i' "'; I , i I ; " , , , ' MAY 'I 1999\ ' , . TIMOTHY W. GRIGGS, Plaintiff IN THE) CXlURT OF CXXolMOO PLEAS 01' CUMBERLAND COUNTY, PmNNSYLVANIA vs. NO. 94-569 CIVIL TERM CATIIEIUNE It. STONE, (formle-ly CATHERINE It. GRIGGS) Defendant CIVIL ACTION - LAW IN CUSTODY f!.DIlR 01' ~ AI<<) tQf, this \;}U day of \..- cons idee-at ion ot the at.tached CUstody conc and die-ected as tollowSI I. A Headng is scheduled in COue-t Room *~ot the CurrtleC'land County Court HoulJe, on the \ ~ day ot ~, 1999, dt 4.lS o'clock c... .m., at Which time testi ny w taken. Foe- purposes of thIs Headng the Father shall be deemed to be the moving party and Ilhall pt'oceed initially with testimony. Counsel for the pae-ties 8hall tUe with the Court and opposing counsel a MemorandLlll setting foe-th each party'u position on custody, a list of witnesses who are expected to testify at the Headng, and a Slll11l18ry of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days pdor to the Heae-ing date. , 1999, upon ie ordered 2. The pdor order of this Court, dated February I, 1999 is vaGated and replaced with this Ordee-. 3. The Father, Timothy W. Ge-iggs, and the Mother, Catherine H. Stone, ehall have shared legal custody of Zachary R. Gdgge, born Noveriler 1, 1984, Amber sunehine Griggs, born December 29, 1986, and Jacqueline A. Griggs, born Septeriler 10, 1988. Each parent ehall have an equal right, to .be exercieed jointly with the other parent, to make all major non-emergency dec1eiollll affecting the Childe-en'e general well-being including, but not limitltd to, all decisions regarding their health, educ-'tion I'IncJ religion. pureuant to the tet'lM of this paragraph, lIach parent ehall be entitled to all recorde and infot'lMtion pertaining to the Childr~n inclUding, but not limited to, school and medical records and info~l~tion. To the extent one perent has possession of any such records or information, that parent shall be required to share the same or copiee thereof with the other parent within such reasonable time as to make the records and infotTll8tion of re4ltonable use to the other parent. In the event any of the Childnn requires a major medical procedure or medical appointment for a significant illness, the Father shall notify the Mother 14 days in advance or, as soon as the Father himself receives notice. 4. The Father shall have primary physical custody of the Children. 5. The Mother shall have partial Physical custody of the Children 00 alternating weekends from friday at 4130 p.m. until Slmday at 4130 p.m. 6. In addition to the Mother's regular weekend periodS of custody, the Mother shall also have custody of the Children over Mother's Dey weekend, from Friday at 4130 p.m. until Sunday at 4130 p.m., and during one full week in July and 1n August (to include an additional. weekend in each month) . 7. The party receiving custody of the Chilr.lren ahall be responsible to provide transportation for the exchange of custody. 8. During hie or her periodS of custody with the C,hUdren, neither party shall use, sell or possess illegal drugs. In addition, both parties shall enllure that, duriny his or her periOOIl of custody, the Children are not exposed to third parties who may be using, selling or possessing illegsl drugs. Neither party shall drink alcohol to exceSll, nor allow third parties to drink alcohol to excesll, during his or her periodS of custody. 9. Neither party shall do or say allY thing which may ellcrange the Children from the other perent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children'lI love and respect for the other parent. The partiee 8ha11 not harass each other, but 8ha11 epeak civilly to each other in the pre8ence of the Children. The partie8 8ha11 comnunicate dir.ectly concerning iS8ues involving the Children and the cU8tody arrangements rather than involving the Children unnece88arily. 10. In the event the parties believe that an agreement can be reached without the neceseity of a Bearing, counsel for either party may contaot the Conciliator to schedule an additional custody COnciliation COnference. BY THE COORT, J. I COI Andrew C. Sh..ly, Esquire - Counsel for father . , t' J8m88 J. Kayerl Eaquire - Counsel for Mother ..., \"cill.d i'.\o ,.., f)'/1~/11 " " I, I I I ", " ','I " f, 'I i1 " " " II 1I,lJ 'I' I:, II, " , , , i' I, " I' " , , , " I' ',' ., " Ii ;1' 'I " " .II l',! -(" ,/( I,' " ,\~. .'tI "(St., I..;, V(' ',' 'f )~, \~ , "1'-:1.,' " "...' t, ~.' , > J, I -,'J\liZ . ":;0 "";,,, 'i ~ ", "I.- '1 , , , . or.. ''', ..~." ('L~' t" q , TIMQiHY W. GRIGGS, Plaintiff VB. I IN THf) CXlURT OF CDlMOO PLEAS Of I CUMBEIU,AND COON'1'Y, PENNSYLVANIA I I NO. 94..569 CIVIL TERM I I CIVIL ACTIOO - LAW I I IN CUSTODY CATHERINE II. STOOE, (formerly CATHERINE H. GRIGGS) Defendant PRIOt JWGII Mgar B. Bayley ~ axILIATI~ IIlIIWlY RIll'Qft' IN AOCXlUlMCI! WITH aJGlI!RLAND CXUf1'! IWLIl at CIVIL 1'Rt);.,'" 1915.3-8, the underlligned Custody Conciliator submits the following reportl 1. The pertinent information concerning the Childrlln who are the aubjeotll of thiB litigation ill as fol10wIII ~ Zachsry R. Grigga Amber Sunshine Griggll Jacqueline A. Gri9g11 MTB at BIRTH WlRRi'1'LY IN CUfJl'OOlI'.J!: Father Father Fathtl.' November 1, 1984 December 29, 1986 . september 10, 1988 2. A Conciliation COnference was held on April 27, 1999, with the following individuala in attendance I Tha Father, Timothy W. Griggs, with his counllel, Andrew C. Sheely, Eaquire, and the Mother, Catherine H. stone, with her counael, Jamell J. Kayer, Esquire. 3. ~lill Court entered an order dated February 1, 1999, reflecting the parties' agreement at a Conciliation Conference in January under which the Father continued to have primary phyaical cuatody of the Children and the Mother would have partial custody on alternating weekenda. The additional COnference was scheduled in order to aaaist the parties in establishing a swrmer CU8tody IIchedule. Just aB the partiea had reached an agreement at the Conference on arrangementa for the IIwrmer, the Mother requested a minor change to the alternating weekend Bohedu1e and the Father became enraged. All a result, the Father demandad a Hearing to eatablillh a swrmer schedule. The Father 'a demeanor throughout the Conference wall hostile and antagonistic, and un1es8 there is a change in attitude, it will be very difficult for the parties to auccessfully manage an ongoing cuatody schedule for any length of time. 4. The Mother's poeition 011 CU8tody ia all follows I The Mother believes the alternating weekend achedule hall been going relatively well with the exceptic..n of one incident which occurred when the Father Wll8 hOllpitalized in March. Although the Mother would like t~ apend more time with the Children, ahe agreed to the IIwrmer cUlltody IIchedule recommended in the attached order. Near the end of the Conference, the Mother requested that the alternating weekend schedule be modified 110 that the return time " t! i'~ " ", " I 'J ),r , " I, 'I . , , ,; I.:,. , "'j I,J or. r ,'., I I ,'I) I' (, , . Jll ~ 1'1 I, il'tJ I . I 1:li , " ' I , J, f.'r) :.; r.'J '" U ~r ' '. , , " 'q , , " " " ", . Kayer ~d BrOWli A Profm,<iloll;,I,Corpor,}fIOrl Llbnrty Lnfl · .\ t, I.!lwrly A\of~nllf~ . C.ltIISll1, PA 1 /I}t J 17171 ;!,lJ-?'Jn . " - TIMOTHY <lRI<lGS Plaintitl' IN THE COURT Of COMMON I'U:AS 0'" CUMlUiRI.ANl> COUNTY. PENNSYLVANIA CIVIL ACTION. LAW NO. CIVil, l)4.~69 VS, C\TJIERINf. H. STONE Dllf~ndant IN CUSTODY PI!~TI1'I()N t'OR ('ONn:MI"1' ANI) SPt:CIAl, RELIJi:F COMES NOW, Plaintiff. Catherine II, Stone. by nnd thfl)u~h h~r allomey lames I. Kayer, who docs hereby aver as Ibllows: 1. Petitioner is Catherine II. Stone. an adult Individual who resides at Apartment 3. 48 West J\1~h Street, Carlisle, Cumberland Coullly, Pennsylvania 2. R~spondent Is Timothy GrllL!l!s. an adult individual who resides at 127 South Market Street, P.O. Box, 9~. MechwllcsburlL!. Pcnllsylvania. 3. The Parlies are the parents of three minur children, Zachary R. Gril!lL!s, born, Novcmber I, 1984, Amber S. GriglL!s, born Deccmber 29. 1986. and lacqueline A. OrllL!l!S, born September 10. 1988 4. This Honorable Court has issued an order dated May 12, 1999, authorizing the mother 10 have partial physical custody of the children 011 alternatinlL! weekends from Friday at 4:30 p.m. until Sunday at 4:30 p.m. 5. The Petitioner arrived to pick up the children on or about lune 2,~, 1999 at 4:30 p.m, at the Respolldent's residence. The Respondent and his wife refused the Petitioner access to the children claiming It was their weekend despite the fact that they had enjoyed custody on the prior weckend. " t'l I 6. 'I'h" P"t(tloner, throuih her counsel, notilled the Respondentthroul&h his counsel of his fullure 10 ublde by the Court Order UM u desire for un IUIdltlonul weekend to Illuke up for lost lime. 7. Onthu followinl& weekend, July 2,1999, the Petitioner urrived ut Respondent's home to pick up the children. There wus no one utlhe Respondent's home. H. Whell Petitioner locuted Respondent on July 2, 1999 ut his mother's n:sidence he only hud custody of one of the children at that time. He refused to turn the child OWl' to the Petitioner untlllocalluw enlorcement olllclals required him to do so. 9. Neither Respondent nor his wife disclosed the location of where the party's daullhler's wcre 011 July 2, 1999. 10. Petitioner did notllet Wl opportunity to enjoy IlIlY time with the PlU1y's dauihters on the weekend of July 2, 1999. II. On Friday. July 9, 1999. Petitioner arrived at Respondent's residence to piok up the children. 12. Respondent only allowed the Petitioner to toke the porties' 2 dauihters for the weekend. 13. After 0 conference call1nvolvlnll both parties Wld their counsel, the Petitloller , ,( relented Wld only took her dauihters so as to avoid lurther Incident 14. Respondent hBS threatened to dlsrupt!letltloner's scheduled periods ofphyslcBI cllstody for the remBlnder of the summer 1 S. Petitioner believes that bo.,ed upon the Respondent's activities over the past two , I I , I I weekends whell she attempted to obtllin custody ofthe children. thBtthe Respondent will deprive her of Bccess to the children lor the remainder of the sumlller, Including the specll1ed periods of vlsitlltlllllthat would allow her to spend one full week with the children In July Ilnd AUIIUSI. 16. This mailer is scheduled for udJudication on the issue of primary custody belilre Ihis lIonofllble Court on September I, 1999 at 9: I ~ u.m. 17. When Petition hll.ll atll:mpted to utilize the local law allthoritlesto II.Ilsist her In obtulnlnil custody. she hll.ll encountered Wl ut ullltude best described us umbivulencc due 10 the litclthutthe exlsthlil Order does 1I0t specify which partlculur weekend belonils to which purty. WIIElWFORE, the Petitioner requests this 1I0noruble Court to Issue Ull Order thut will dcslgl1ute,thc spednc periods of custody until the reilulurly scheduled heurlnl! on September I, I,)')'), A. To Order u "muke up" weekend for the petitioner to provide her with addltionultime Ihut she hus been deprived due to the Respondent's actions which constitute contempt of this Court's Order. B. Adjudicute the Respolldenllo be in contempt of the Court's Muy 12, 1999 Order. C. To uwurd Petitioner her u\lomey's fees II.Ilsociated with the flling und presentutlon of lhls Petition for Contempt Wld Special Relief us the Respondent's uctions huve been obdurute und vexatious. D. For other such relief us the Court muy deem appropriute. , . , VEIWIJI 'A'I'ION ()III'WAI>INOS The fllI'Cl!llllll/ dllCIIIIII'1I1 I" hilsl.,1 II III III IlIf"J'fIIIIIIOII whkh hils bel'lI llUlhl~red by lilY Cllllll:iel Ulld IIlysl'lf IlIlh,' prl'pllrnlhlllllf Ih", IIclIlII!. '1'111' 111I1l/IHlg,' Ill' th,' dOCIIIIII'llt lIIuy,llI pm1. bc Ihl' JllllgUlIgl' lIf my coullsel 1I11d Illll lilY llWII, I hllVl' l'eud till' sllItCJl1ellts mllllc In this dllCUIll,mlllnd 10 th,! l'xlcnl thlll It b hllSI'd upon 1111'111'11111111111 which I hllVl' glVl'Il 10 IllY counsd, II Is truc nnd CllITl!Cltlltlll' bcsI of Illy kllllW!l>,lgl'. infol'lllllllllllllnd bdid', 'I'll thl' l'xllmlllHlI the Clllltl~lIls of Ihe Slul\'JIlCIIIs Ul'e thllt of clluns"', I huVl' "died IIpOIl CllIJllSI'1 III muklng this Vcrllkullon, J IIlldCrslUnd thul flllsl' slillenl"UI., herdn un' Inudl' Nllb.ll'cllll Ih\' pl!llultil's llf 18 I'A, c.S. !l 4904, rdullng 10 unsWOl'1I fnlsiflculllln III IIl1lhorllh's. ,./ 9 ~ DUI,': -L---:,2.;2.-... 1'1'1'1 ('b'" . . L'- . rZ 'ACt.' ;J .t7<.A.. "",...., "--_..".._",,.~_.._,I.._,._--- Ii ., , , I " ," , , " , , , )Ij " " , , ,\ , , 1;,\ "i 1'1 'I' I 'I '. I, " ,-' ,,, , , ',I , II I, \'. , 'I , ' ~llU:'J.{;l I 'I , I hereby certify that a true copy of the foregoing PETITION FOR CONTEMPT AND SP.:CIAL RELIEF was served on the IIJllowlng person(s) by First Class mail, postaie prepaid by lorwardlng n true and correct copy unto: Andrew Sheely, Esquire 127 S. Market St. MechanlcsburK. P A 17055 Dated:_ 7/1'5 I(/'~ I i I' I , , , , ' "' I. , i , I 1 'I 'I' i' i' , . , . , Ulll.l:h~ (/.Il) t: ~Oll ViI'tll'llllUcl .. ijlHJOAV ^IIOlWl '::I ~ . lI'll AlIijqll , I 1I1111l1j,"jlllclllllliJIIiMIIOJtlV UMOJS pUB J8AB)t , , I ' " if " " I , , , , 'I , " , , I I " "IL 'I " , i~ , ' t, " , , , . ~unnrll1~d lhut the issues rulsed In thut petlll\lIl shull ubu hI' uddressed In the upeull1lng Septell1h~r I, 1999 heuring. Fulher dted tlmt he hlld l,'uncerns regllrdlng the ll1uther's ulleged drug use und prohlell1s wllh heud lice us Ihe reusons why he llIed his Ik~ell1her 199K pelitlon, Al the Ilrst ('undlilltlon Cunferen~e, Ih~ ll1uther IIgreed tu suhll111 vulunllll'i1y lu drul;! tests liS u cunditlon upun her cuntinuing tu re~eive Ihe ~hildren. She eumpleled une drug lest which ~onnnlled tllUllhere wen! no signs of drug use nnd the re\llIirell1ent till' further drug tests WIIS nol Incorporuled in IIny suhselJuentugr~ell1enls, The mother is pllrsulng prlll1l1ry physicul custudy uf Ihe children, us she is concerned thut the FUlhcr's disuhililies pr~c1ud<J him Ihlln hdng un uetive und ell'ccliw curcgiver till' Ihe children, The ruther's dlsuhllilies relJuire hllll tu he IIndel' cunSILIIlI Il1I'dicutlun und he hus been observed lu be physlcully uud lllelllully dis'lrlcnted, us well us exhihiting u "huir-triggcr" lell1per whieh reslllted him In wulklng Ullt un his eOllIll.eI, lhe mOlher und the eusllldy conc\liulor onlWo sepul'lIle oeeuslol)s III euncllllltlun c'lnl'crences, The 1ll00her hilS gl'llve cuncerns regurdlng Ihese eOlldilions IInd helieves lhllt ~lIsludy shuuld be chunged, The mUlher denies uny drllg IIse of her own und believes LillY helld lice problell1thur IllIlY exist is orlg!nllting 1l001llhe Futher's hume. ^ heurlng Inlhis ll1ullel' hus been s...heduled helill'... this lIunOl'ublc ('uurllilr September I. 1999 ut 9: 15 U,Il1, II, WITNESS LIST I. Clltherlne Slone, DcI'cndunt The ~hlldren's muther will Icstlfy regurd!ng her con...erns, und Llbuutlh... Futhel' LlIld the ...ur... Ihe ...hlldn:n re...elve In his h\lUsehold, liS well us regurdlng the relutiunships thut she hus develuped with the children und condilions within her own hUllle. 2. Keith Slunc.. The dcfendunl'~ hushund will tcstify cUllI:ernin/,\ cunditlons inllw mother's home, diflkultics thuI the mOlhcr hus hud rCllurdin/,\ custody exehunlles, und other ohservntiuns he hWI hud of the ehlldrcn's interucllon with lh~' FUlhcr. 3, The pmtlcs' chlldNn The defcndunl hus no ohJcclion IOlhe purtles' ehlldrcn helnll Inl~~rviewcd hy the Court In chamhcrs, lII, R.:l.m.' SOlI(i/IT Thc I>elcndunl, C^TIIEIUNE STONI':, sceKs un Ordcl' revcrslng Ihc slutus quo, She believes thut the ehildrcn's hest Intcrest is servcd hy prlmUry physicul custody helng pluced with Ihe muther, Legul custody of thc chlldrcn shuuld contlnuc to he shurcd hOlween the parties. Vlsltutlon und purllul physicul ~'uslody rights of the FUlher should he consistent with the husic selledule currenlly In eflCCL Spedlkully, FUlher would enjoy ulternaling weeKends, ultel'llutlnll holiduys, und slgnllieunt periods of lime riming Ihe SUllllller, ^llcl'lllltlvely, Ihe mother would seck enhllneed lime with lhe children should Ihe COIIrt deem It most uppropriule to Illuinluln primury physiclll cuslody wllh the FUlhcr, She helieves such cnhuncemenls should include visits with Ihe children every three weekends oUI uf evcry lilur us well us splinlng the sum Iller more equully helween lhc purcnls. Flnully, us Ihe punies hllvc heen unwilling 'II' unuble tu uhide hy some of Ihe more generic ordcrs Ihlll hllve heen In eflccl slncc Ihcy cOlllmcnced Ihis cuslody dlsputc, Dclcndllnl's counsel helleves It would he mosl uppropriute to sped fy Ihc CXllct .lutes IInd fimes thutlhe pllrlles would exchunge cuslody. Providing the purcnts \\Ith the l1exlhlllly to muke Ihe d~~cisl()lIs on their uwn 01' 1'1 Illlllnluln some semblunce or order in udllllnlstcring the previous custody ordcrs thut huve been cflccI hus not becn suecesslill und hus Icd Ihe mothcr to pursue the relief she SOUlilht inthc Contemptllnd Speelul Relief Petitions, R~~IW~lflllly ~lIbl1lllt~d. " " " Ilt:t, J III ~ ny I. ;":M 1I1r~ KIlY r 1111\11 UWII " I~:l I Lib ' Slr~~1 ('n Ii k I' 17()13 (71 243-7'122 lUll ~S.I72.~726 'I , , .'/ " ", , , "I , , " " " I, ,I " " i' I, I 1,1 I , , " " , ,,, , \11 I , , , " I , " ,I '\ , .. , 1\ " 'II ,. , , , " agreement as to custody, and agreed to attend a subsequent conciliation conference in April of 1999 to confirm that mother was complying with the requests of father. On April 27, 1999, a subsequent conciliation conference was held as a follow-up to the January 13, 1999 conference. An Order of Court was entered granting Father primary physical custody and granting mother partial physical custody, every other w8filltond and a summer vacation period of one full weak in July and August. Subsequent to April 27, 1999, additional hearings were held to addreBB certain health cond.itions of the parties oldflSt ohild, Zachary. In addition, on July 23, 1999, the parties entered a consent agreement which provided mother and father with a specific custody agreement as to dates and times. This Agreement was incorporated as an Order of Court dated July 23, 1999. A hearing is presently scheduled for September 1, 1999 at 9115 a.m. before the Honorable Edgar B. Bayley. u.,. -I.II.b..unto in Hll.to.tt}' Petitioner is Timothy W. Griggs, who currently resides in Shippensburg, Cumberland County, Pennsylvania. He is the natural father of the children. Respondent is Catherine H. Stone who currently resides in Carlisle, Cumberland County, pennsylvania 17013. She is the natural mother of the children. 2 ~he children lIubjeot to thill Petition al:e Zaohary R. Griqql, D.O.B. 11/1/84, Arnller SUllshine Grigc}II, 0.0.0. 12/29/86 and Jaoqueline A. Griggs D.O.B. 9/10/88. The partiel formerly relided together until 1994. Since theil, Petitioner father has had primary physical custody of thm children and continues to do 10 today. Petitioner resides with Ch4rlene Christmas, his conunon law wife. Respondent reside her conunon law hUBband. l,ate last year, Petitioner/Father petitioned for a conciliation oonference to address the childrens' comments to lather that mother was participating in drug related aotivities. In addition, Petitioner/Father requested Mother to address a head lice problem at her residence. UI.J__A~.'1.llUt.tiL8...U.d Petitioner Beeks maintain the conditions which the parties have been residing wlth during the past 5 years. Petitioner seeks the entry of a standard custody agreement, with provisions which require mother to refrain from using illogal drugs and with a condition that she address the haad Uce problem at her home. ~etitioner requests a specific custody order so as to eliminate confusion and modification of custody orders which have been direoted in the past. 3 Other issues with regards to oommullications between the parties and the children, transportation and standard vaoation sohedules and holiday schedules need to be outlined in a Court order so as to elim.inate any doubt as to the opnration of suoll issues in the future. lYL_.l.I:.og.o u,Jl..I1.UU'U I, AD,!L~.u~.t.Dl(my (1) Timothy W. Griggs, Petitioner/Father Shippensburg, Pennsylvania petitioner will testify as to the issueB lIet forth in the underlying Petition and address his present concerns with custody. (2) Charlene Christmas, Spouse of Petitioner/tather Charlene Christmas will testify as to the circumstances oonoerning the allegations of drug use and head lice problems as stated above. (3) Counsellor from the Helen Stevens Center, Joan Sweigart. Tho representative trom lie lens Stevens will address the counseling that the children have been involved w.ith and their observations as to the interaction between the children and their mother. (4) Kim Mohler, Shippensburg, Pennsylvania. Ms. Mohler will address observatiolls which she has made as to mother's language and behavior at custody exchanges. (5) The children. Plaintiff consents to and requests an opportunity tor the Court to discuss the custody iBllueB with the children. LJ.t...l.bl...Qf_.....UJ.IDl'D.!:.-1l J.J.~.U".I..oA.l 4 agreement as to oustody, and agreed to attend a subsequent oonoiliation oonferenoe in April of 1999 to oonfirm that mot.her wal oomplying with the requests of tather. On April 27, 1999, a lIubseql)ent oonoiliation oonferenoe wal held al a tollow-up to the January 13, 1999 oonferenoe. An Order of Court was entered granting Father primary physioal custody and granting mother partial physical custody, every other weekend and a summer vacation period of one full week 1.n July and August. Subsequent to April 27, 1999, additiollal hearings were held to address certain health conditions of the parties oldest child, Zaohary. In addition, on July 23, 1999, the parties entered a consent agreement which provided mother and father with a specific custody agreement as to dates and times. This Agreement was incorporated as an Order of Court dated July 23, 1999. A hearing is presently scheduled tor September 1, 1999 at 9115 a.m. ~efore the Honorable Edgar B. Bayley. U.L.JlbJ.~An.t.i_'l!IL.Hl..t..o.r.y Petitioner is Timothy w. Griggs, who currently resides in Bhippensburg, Cumberland county, Pennsylvania. He is the natural tather of the ohildren. Respondent is Catherine H. Stone who ourrently resides in Carlisle, Cumberlitnd County, Pennsylvania 17013. She is the natural mother ot the children. 2 The ohildren supjeot to this Petition are Zachary R. Griggs, O.O.B. 11/1/84, Amber. Sunshine Griggs, O.O.B. 12/29/86 and Jacqueline A. Griggs 0.0.9. 9/10/88. The parties formerly resided together until 1994. Since then, Petitioner father has had pr.imary physioal custody of the children and continues to do so today. Petitioner resides with Charlene Christmas, his common law wife. Respondent reside her oommon law husband. Late last year, Petj,tioner/Father petitioned for Ii conciliation conference to addrees the childrens' comments to father that mother was partioipating in drug related activities. In addition, petitioner/Father requested Mother to address a head lice proP1em at her residence. ~a_L,_8~qyu~ti~8~U~f petitioner seeks maintain the cOllditions which the parties have been residing with during the past 5 YEl8rs. Petitioner seeks the entry of a standard custody agreement, with provisions which reqUire mother to refrain from using 111ega1 drugs and with a condition that she address the head lice problem at her hOlM!. Petitioner requests a specific custody order so as to eliminate contueion and modification of cUetody orders which have been directed in the past. 3 {'r; '/'/l'I'L" --t ~[~...i" "j i , ,'I " ,I " .\, " .. ,. , " . , , < ' I', _ . I ..; i :"~~\'tt;-H-fJr;:iX'l#!~w,!;llHtH~~ij}~~~[il/~"IV~!!:1~HI!j,"~~;"'r,f'1~H;lr_Jdrt"_f ~i-HiWlhJ.',j" ; - -' -.. . ','" .,' i',:. ,-, J, WESLEY OLER, JR, JUDGE GiCfJ~ IS. ~ f\t(, ONE COURTHOlJSE SQUARE CARLISLE, PA 17013 t'{~l bi 1 Wo rV\ ~~ 2;~-Cfq <;: pe Q( aJ12J1J 11lf.~ q ~ - Sv q C('V\l f,.ll .!i 1111, ,," I 1:,1" 'i, "'I'./,!i~11 !f~:,,1f;",li r'llff':j\III,',~g ;:1 ,,:: '\\'llill\il:.Il>NM~~.!ll~i;4Jl~i'~.l-:II~I...\I!'lllhi^, I' I I, . \ I I " , ~- , .1" " " , ' , , ,', I .1 \ . I ,'" , , , , . ,..... - ,"'I . I"J". I U \ II ',I ' '," 1,1, ,\" ,. ~) ,~I" .: , .' \ 'I ~\ \, \ '1"1'1 "I I) '."/' ','1/\ ,11;/'" ;, ~ ~() rid. ~A<:~ i 4 ?~ ~'d.).CYi ~~ ~(~ _~ ~ a/f <1..":/t.N1 /"r);),tJt' ttJlh M~I .-t aIf ,d~i!.# " , , " " , I, " " " , '" '" " '1 I' " ,.'" ;I " .. ., " " " " " " , ,I I, I , . . ~:~on . " ??-6L -\:PC (L U) Vd '<lI>IIJll:) ~ U1lLhl^V ^pU(i'r~ I' UOllUjodjocJ Il'1I0'~'lIilo.jd V UMQJB P.UB JeAB)I I,' , I, , I,. II " ,) '1 i'l' , ,;, , ' I" II . 110'1 ^lhlqi'l , \ I " , " il' , , i~ 1 ~ ~ ~ Ii i ~[ ~ t~ , ' ) I ., :;/ "I ',ll " ", ",I . " ' , " " ,)1 I I I, I ' ;i f II~ f ~ H'I ~ ... ; ~ - f!.J~ ~~I ~~ ~ ~j . 'If ~ I! ill! ~ ~f~ ~~ tete ~I~ ~ II :r , ' , , , 'I ' '] , II, , i]1 I II I I" ' ,II' I; i .I; '" . . , -.-----..-----.---.-...-....----.. va. 1 IN TilE (XlURT 0Ii' ~ Pl"EAS Of 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 1 NO. 94-569 CIVIL TERM 1 1 CIVIL ^G"l'ION - LAW I I IN CUS'roDY TIMOTHY W. GRIGGS, plaintiff CATIfERINI!l H. STOOEI (formerly CATHERINE H. GRIGGS), Defendant QUlI!lR C6 alRT AND tUf, this 'f d, day of , 2000, upon consideration of the attacAt'd custody ia ordered and directed as follows 1 1. The prior Order of this Court dated May 12, 1999 is vacated and replaced with thia Order. 'rile prior Order of thb COurt dated JUM 23, 1999 Ilhall continue in effect. 2. The Father, Timothy W. Griggs, and the Mother, Catherine H. Stone, shall have shared legal cuatody of Zachary R. Griggs, born November 1, 1984, Amber s. Griggs, born December 29, 1986, and Jacqueline A. Gri99s, born Septeni:>er 10, 1988. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all lI'6jor. non-emergency deciaione affecting the Children's general well-being inclUding, but not limited to, all decisions regarding t.heir health, education and religion. Pursuant to the terma of thill paragraph, each parent shall be entitled to all records and infol:1lllltion pertaining to the Children including, but not Umited to, school and medical recorda and information. To the extent one parent has possession of any auch records or infol:1lllltion, that parent shall be required to share the same or copies thereof with the other parent within such reasonable time as to make the records and information of reasonable uae to the other parent. In the event any of. the Children requirea a lI'6jor medical procedure or medical appointment for a lIignificant illness, the Father aha11 notify the Mother 14 daYII in advance or, as soon as the father himself rllceives notice. 3. The Father ahBll have pr.l.mary physical custody of the Children. 4. DUring the school year, the Mother shall have partial Physical cuatody of the Children on alternating weekends from Friday at 4130 p.m. through sunday at 4130 p.m. and on one additional Sunday per month frall 8145 a.m. until 4100 p.m. The Mother's additional period of custody on sunday shall be scheduled to take plaoe on the weekend following the Mother's' first weekend period of custody each month. During the sunmer school break each year, the partieB shall alternate having custody of the Children on a weekly ballis with the exchange of custody to take place each week on Friday at 5100 p.m. The sunmer custody I!Chedule ahall begin on the first Friday after the last day of school with the parent having custody who would otherwise have had I\(i (I',rll i. , . niP-[ff Cf " 00 ~\lG . ') MH \ I l. 9 CUMtjf;hl;nu COIjN11' PENN$~I.V,AN\fI " ' ,,, , ' , " , , '.;i.,. '.;10 ,..,. .I " I , " , , " " " , , , " , " " II' , , , II I , , , ,I , " " I , , " " " , " " " " " , , " " " , custody for the weekend under the alternating weekend schedule. The alternating weekly eohedule shall end a1 the last Friday before achool begina, at which time the alternating weekend IIChedule shall reaume for the Ilchool year. 5. Dur:1ng the Ilumner achool break each year beginning in 200J., each pllrty shall be entitled to have 2 weeks of vacation with the Children upon providing 30 daYII advance notice to the other party. 6. During the remainder of the school break in 2000, the partieB shall alternate having custody of the Children a1 a weekly bade with the exchanges to take place on Fridays at 5100 p.m. all folloWlI1 The Father shall have cUlltody of the Children from July 21 through July 28. The Mother shall have custody of the Children from July 28 through Auguet 4. 'lhe li'ather shall have custody of the ChUdren from August 4 th,rough August 11. The Mother shall have cuatody of the Children from Auguat 11 through August 18. 'lhe Father shall have custody of the Children from Auguat 18 through Auguat 25. The /!IChool year alternating weekend IIchedule shall begin with the Mother having custody of the Children on Auguat 25, 2000. 7. The parties shall share or alternate having custody of the Childrltll on holidaya aa follows I A. allUB'11lM1 In 2000, the Mother shall have custody of zachary for purpollllll of obtaining medical treatment for the Child in Boston frOln llec..mer 12 through Decentler 26 and the Father shall have custody of Amber: and Jacqueline during that period. 'l'tle Mother ahall have cUlltody of AnDer and Jacqueline from December 26 through the day before IIchool resume. after the chriatmas break and the Father shall have culltody of Zachary during that period. Beginning in 2001, the Christmas holiday ahall be divided into Segment A, which IIhall run from Chrilltmas Eve at 12100 nooo through Christmas Day at l2100 noon, Segment B, which !!hall run from Christmaa Day at 12100 noon through Decen'ber 28 at l2100 noon, and Segment C, which shall run from December 28 at 12100 noon through 12100 nooo on the day before sohoo1 relllllll8l1 after the holiday. In odd nuntlered yearll, t,he Mother shall have oustody of the Children during segments A snd C and the rather !!hall have cul!tody durill9 Segment B. In eVlln numbered years, beginning in 2002, the Father 8hall have oustody of the Children during Segmentll A and C and the Mother ahall have CII/ltody during Segment B. B. ~I The Easter holiday Bhall run trom after /lchool on the last day of school before the holiday thro'J9h Easter Sunday at 5100 p.m. The Father /lhall have custody of the Children over the Easter holiday in odd numbered years and the Mother ehall have custody over the holiday in even nlmbered yearB. C. '1'IlANMGIVINGI The Thank89iving holiday ehall run from after iCYiOoI on the Wedneaday before '1'h4nk89iVil'ICJ through the sunday after Thankll9iving at 5100 p.m. The Mother shall have culltody of the Children over the Thanksgiving holiday in even numbered year/l and the Father shall have cuatody of the Children over Thanksgiving in odd numbered years. D. MIIDUAL DAY/JULY 4th/LABCR MYI In even numered yeare, the Mother shall have cuatody of the Children on Memorial Day and Labor OIly and the ~'ather shall have oulltody on July 4th. Xn odd numbered years, the Father shall have custody of the Children on Memorial o.y and Labor o.y and the Mothel:' IIholl have custody on July 4th. The periode of holiday CUlltody on Nemorial o.y and Labor OIly shall run from 10100 a.m. until 7100 p.m. and the period of custody on July 4th ~hal1 run from 10100 a.m. until after the fireworka. l!l. M01'lIIlR'S MY/'''TfIBR'S /)AYI The Mother ehall have custody of the Children every year on Mother's Day from 10100 a.m. until 7100 p.m. and the Father sholl have cWltody of the Children every year on Father's OIly from 10100 a.m. until 7100 p.m. F. The holiday custody schedule shall Bupersede and take precedenco over the regulllr custody IIchedule. G. In the event the Mother'lS period of holiday cUlStody falls immediately preceding or following her regular period of culltody, the holiday/regular period of cllBtody shall run continuouBly without interruption. 8. Both parties shall ensure that the Children attend their regularly loheduled activitiea dUring his or her periods of oulltody. The pertiu shall cooperate and behave in a civil manner toward each other when they are both attending the Children's activities. 9. Xn the event the Mother obtaina counseUng for the Children, the Mother IIhilll IIchedule all counseUllg lIelllSions in the swrmer during the Mother's regUlar periode of cUlltody. During t;he school year, the Mother shall advise the Father of the counaeling lIesaiona at; least 1 week in advance and the Father shall make the Children available tor the oounaeUng . 10. During hia or her periodll of custody with the Children, neither party Bhall UIl8, sell or posseas illegal druga. In addition, both parties Bhall ensure that, during hill or her periodfl of custody, the Children are not exposed to third parl:ies who may be using, "elUng or polllleBaing illegal drugs, Neither party .Mall drink alcohol to excess, nor allow thircl parties to drink alcohol to excells during hill or her period. of custody. In the event either party ill determined to be in violation of thi. provie1on, the other party may petition the Court for a finding of cont8fl1lt . 11. The party receiv1/l'iJ custody of the Children shall be responsible to provide transportation for the exchange of cuatody with the excwption of the Motherl" periods of oustody on sundaYII during the IIChool year and during the IIchool year when the Mother hll8 custody of the r:hildren for purposell of counseling session", in which Cll.e the Mother lIha11 provide all transportation. 12. The perties shall follow the reccmnendiltiona of Jacqueline's eye doctor. I within 10 dlYII of the date of this Order, the Father shall provide to the Mother, thro~h coulllJel, 1111 information pertaining to the Children'lI medical inaurance and the name. and telephone nUll'bere of any medical professional. providing treatment for the Children. 13. Neither party .hall do or say anything which lMY e.trange the Children frail the other parent, injure t.he opinion of the Children aa to the other parent, or hamper the free and natural development of the Children'lI love and reapact for the other parent. The partiell shall not herus each other, but IIhall "peak civilly to each other in the presence of the Children. The partie" shall corrmunicate directly concerning issues involving the Children and the custody arrangements rather than involving the Children unnecessarily. 14. This Order ia entered purl!luant to an agreement of the partiea at a CUstody COnciliation Conference. The partiQs may modify the provisione of thie order by nutual consent. In the ab.eence of nutual conaent, the terms of this order ahall control. BY THE COORT, COI Anckw C. Sheely, Esquire - Counael for Father JIIIlt. J. !<ayeI', Esquire - Coun.el for Mother " P f' . ~ L.~ ~. f\ J~ ~~ TIMOTHY W. GRIGGS, Plaintiff I IN 'fHE CXXJR~' Of <XJt.1t.lOO PLEAS 01 I ClXolBF.RLAND GOONTY, PENNSYLVANIA I I NO. 94-569 CIVIL TERM I I CIVIL ACTION - LAW I I IN CUSTODY VS. CATHERINE H. STONE, (fo~rly CATHIlRINE H. GRIGGS), Defendant PRIOt JWGII J. NNley Ole,.., Jr:. aJ8'JmY aHlILIATlaf SlIIMARY RIJIIlR1' IN AaXIUlANCIl WITH aJllIBRLNID cn>>m' RlJLI at CML 1Wl''J''I-U 1915.3-8, the undersigned r.ustody Conciliator submits the followi"9 reportl 1. The pertinent information concerning the Children who are the aubjects of thia litigation ia 4S followal !W!! zachary R. Grigga Amber S. Grigga Jacqueline A. Griggs MTl'I or BIRTH November 1, 1984 December 29, 1986 September 10, 1988 aJUUm'J,y IN aJ8'lQ)J at Father Father Father 2. A Conciliation Conference was held on July 20, 2000, with the following incJividualll in attendance I 'Itle Father, Timothy w. Griggs, with his counsel, Andrew C. Sheely, Ellquire, and the Mother, catherine H. stone, with her counsel, James J. Kayer, Eaquire. 3. The partiea agreed to entry of an order in the form as attached. [j..~ ~ I:lewn S. s~ar' re CUatody cenci iator J I" I) ~ '>t"Jon OIll:e i. " '\1 1);:1 ;11' , ., ;'.,'1 II !~I Oi,;1,/.., I',; '. rrl'-;, ,':'i'l ;~'.' , .:,,,i<IY "1\ " \ ~? 'I~'tJ.;; ti,:!' (~;' ~.:d/;? 1YI,-4 >>(J ..1/1('(",) '/JI?t; 1I~.(~r ~ ~It"l #1/'~ ...1/~'?{.) ;/(ft~)' /lII",.A/ ~ ~4\<~? " , , ,I , " " , . i'l ,I " " ,il ,. , \' III . . t MAR J 2 1002 'i) . IN TIlE COURT OF COMMON PLEAS OF . <'lJMJlERI.AND COUNTY, PI!NNSYLV ANIA TIMOTHY W GRIGGS. Pluintlff v, . CIVIL ACTION. I.A W . IN CUSTODY CATIIERINE II STON~:, (Illl111crly CATHERINE II GRIGGS), l>cfclldullt . NO '14.,')0<1 CIVIL TERM QRI";j\ Of' ('OlliU AND NOW, this dllyof ,2002, upun cunsidenllioll uf thc ulluched cUlI1plaint, it is hcrchy directcd thUlthe p1ll1ics lInd their rcspcctivc cuunscl uppcur bcfore, , thc condlilllur, lit ,un thc duyof , 2002, lit 111" for 1I Prc.lleurinl! Custudy Confcrcncc, At such Cllllfcrencc, nn effOlt will hc JIlude 1<) rcsolve thc issucs ill disputc; or if this cunnot bc lIccoll1plished, 10 definc und narruw thc issues 10 bc henrd hy thc courtlllld to cllter into u tCJllpurury order, All children l\!lC live or oldcr II1UY 1I1so be prcscntutthc c<lllfcrcncc Fllilure tu uppeur lllthe cunfcrcnce II1ny pruvide grounds till' cntry of a tCll1p<ll'llry or pertnuncntordcr FOR TIlE COURT By: Custody C<lIlcililltur YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFOIW ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP CUJllbcrlund County Illlr Assucilllion 2 Libcrty A venuc C'urlisle, P A 17013 (717) 241).3166 AMEltlCANS WITII ()ISABIU'm;S ACT ()[o' 1990 The COUlt of (\lIlll11Un Pleus of CUJllbcrlulld Cuunty is requircd by law to comply with the Alllericuns with Disllbilities ActoI' 1l)')O FllI' illfol'lllutiullllboutacccssihle flldlitics nnd rcn.'llIlllble uccuJlllllodutions available to disahlcd illdividuuls having business bcforc the court, plcll!le contact our office AlIlIIl'llllglllncnts must be lllllde atlclL,t 72 hours prior to any hcnlinll or busines~ bcllll'e thc court, YOUlllustullcnd the scheduled cunference or hearing, 1" ,I I, TIMOTHY W GRIGGS, Pluinti 1'1' : IN TIlE COURT OF COMMON PLEAS OF : CUMBERI.AND COUNTY, PENNSYLV ANIA v, . CI V I L ACTION - I.A W : I N CUSTODY CATHERINE H STONE, (tlll'lllerly CATHERINE ll. OI{J()()S), Defendunt : NO, 94-Sb9 CIVIL TERM UJJTIO~ TO MOJ)....Y CllSTOl)Y ORm:R I, The petition ufCatherine II, StOlle, by her llltorneys, the Family Law Clinic, It ! respectfully represents that on August 4, 2000, an Order of Court wus entered for custody of \ I' " ZuchlU)' R. (,riggs, bom November I, I 9114, Amber S. Griggs, blll'll December 29, 1986, and Jucqueline A, Griggs, born Septelllbel' 10, 1988, atnle and COITeCt copy of which is attached us Exhibit "A", Under the existing Order, the parents share legal custody, Futher hus primllry physical custody of the children, lInd Mother has partiul physical custody of them, During the school yeu." Mother is to have physicul custody of the children on altel'lHlte weekends from Friday ut4:30 p,m, until Sunday at 4:.\0 pm, and one additional Sunday per mond> from 8:4S a,m until 4:00 p,m, During the SUllllllel1ime, Mother and Father are to altel11ute weeks, and 1I0liduys are to be shared or ultcnHlled by the p1\l1ies us they mutuully ugreed, 2, This Order should be modi tied to give Mother plimury physical custody of the children because: u. Father's llIediclll clmdition hus rendered hilllunuble to cure Illr the children, Upon illfonl1utionund belief, Futher is cUl1'ently hospilUIi7.ed and recovering thllll he1\l1 valve surgery inllm1'isburg Hospitul. b, CUl'I'ently, the children are being cm'cd Illl' by Futher's bubysitter for extended peliods of time because of Futher's poor medicul condition. :, vs. J ' IN TilE <XlURT Of <nIMOO PLEAS 01' I CUMBERLAND COONTY, PENNSYLVANIA I I NO. 94-569 CIVIL '!'EIIM I I CIVIL I\C'I'IOO - [,AW t I IN CUSTODY \ " ..' '\ ... I .'1 j ) ~ l '~~ II ", TIMOl'HY W/'GRIGGS, plaintiff CATHERINE II. S~E, (formerly CA'!'HERINE II. GRIGGS), Defendant , auJBR 01 CXll\\'l' . AND tQI, this ~~ dnyof OIl ('"" ",L .' 2000, upon c""'e1~l"fl'!ijrJ'l .'11'. .'"he acr,:ic fI f.;lllJtdy '~~ITiirOr.~" T., il1 M"flL'r,:l J1ndl'Jl'r.lic~ed as' loHowsl 1. The priol:' order of this CoUt't dated May 12, 1999 is vacated and replaced with this order. The prtOI:' order. of thia Court dated June 23, 19~9 shall continue in effect. 2. 'ltIe Father, Timothy W. Gr.iggs, and the Mother, Catherine II. stone, ~! shall have shal:'ed legal cUlltody of Zachllry R. Griggs, born November 1, 1984, Amber s'. Gdggs, born December. 29, 1986, and Jacqueline A. Gl:'igge, born September 10, 1gee. Each parent shall have an equal right, to be exercised jointly with the other. parent, to make all major non-emergency dacillions affecting the Childrlln's genel:'al well-being inclUding, but not limited to, ~ decisiona reqar.ding their health, education and religion. Pursuant to t. terms of this paragraph, each parent shall be entitled to aU records an information pertaining to the Children inclooing, but not limited to, school and medical cecorclnl snd information. To the extent one parent haa posa"aaion of llIlY such rocordB or information, that pBr.ent shall be requiroo to share the same or copies thereof with the other parent within such reasonable time as to make the records and information of reasonable use to the other par.ent. In the event any of the Children , requires a major medical pr.ooedure or medical appointment for a significant,' illness, the Fathll~ shall notify the Mother. 14 days in adVllllce 01:', aa soon as the Father himself receives notice. , ,', "..,,~. 3. The Father shall have pr.imaty ~ysical custody of the Children. 4. During the school year, the Mother. shall havll partial physical custody of the Childrell on altllr.nating '..eekends from Friday at 4130 p.m. through Sunda~' at 4130 p.m. and on one additional sunda', per month frail 8145 a.m. until 4100 p.m. The Mother'lI additional period of cuBtody on Sunday IIhall be scheduled to take place on the wellkend following the Mother's firllt weekend period of custody each month. During the llunll10r school break each year, the plIrties shall alternatll having custody of the Children on a weekly basis with the exchange of r.ustody to take place each week on f'riday at 5100 p.m. '!'he Ilurrmer custody .uchedule shllll begin on tho first Friday after the last day of IIchoo1 with the par.ent having custody who would otherwise have had ~ custody for the w.ek.nd und.r the a1t.rnating week.nd schedule, '11l. 11t.rnating we.kly schedule shall end al the last Fr1day before . school bec.11na, at wh1ch tillllt the alternating weekend eohedu1. shall resllll1fl for the Ichoo1 year. 5. During the sunmer achool br'ak aach year beginning in 2001, Hch party shall be entitled to have 2 weeks of vaclltion with the Children upon PJ:'Oviding 30 daya IIcIvance notice to the other party. 6. During the remnin"er of the school break in 2000, the partieB shall alternate having custody of the Children on a Ii'e.kly b4aia with the exchallges to take place on Ii'ridays at 5100 p.m. 8B followsl The rather ahal1 have custody of tho Children from July 21 through July 28. The Mother ahall have custody of the Children from July 28 through Augll8t 4. The Father ahall hav. cuatody of the Children from AugWlt 4 through AuguIJt ll. '11le Mother shllll hllve custody of the Children from Auguat .11 through August lB. The rather shall have custody of the Children from August lB through August 25. The school year alternating weekend IIchedu1e shall begin with the Mother having custody of the Children on August 25, 2000. 7. '!tie pIlrties shall share or alternate having custody of the Children on holidays as follollSI A. ~I In 2000, the Mother ahall have custody of zachary fOC' purposea of obtaining medical treatment for the Child in Boeton fcan Oeclllltler .t2 thrr.lll<;lh ""oc:mber 26 tIIld the e'ather bhell have eUlltody of Amber and Jacqueline during that periOd. '1he Mother shall have custody of Amber and Jacqueline from Dec~r 26 tl)rough the dllY before school reaLl1lea after the Chrillt:mas brealt and the Father shall hsve cuatody of Zachary during that period. Beginning in 2001, the Christmas holiday shsll be divided into Segment A, which Shllll run from Christmas Eve at 12100 noon through Christmas OIly at 12100 noon, Segment B, which ahall run from Christmas Oay at 12100 noon through tpcember 28 at 12100 noon, and &lgmAllt C, which Mall run frolll DeCember 2!1 at l2100 noon through 12100 noon on the day before school resllll1flll after the hol14ay. In odd numbered years, the Mother shall have CUlltody of the Children during Segments A and C and the father shall have euatody during Segment B. In even numb.red years, beginning in 2002, the Father shall have custody of thll Children during Segments A and C and the Mother IIh..!! fl.."" , " . ~ Cll.8tody during Segment B. S. ~I The Easter holidllY ahall run fran after achool on the last--day of school before the holiday throU<Jh Eaater Sunday at !5100 p.m. The Father ahall hllve cuatody of the Children over the EaIJter holiday in odd numbered years and the Mother Mllll have custody Over the holiday in even nUll'bered years. C~ ~m" The Thankegiving holidllY shall run from after _chool '!:lie WlIdneaday before 'l'hankegiving through the Sunday litter Thll>&J<sgivil19 at 5100 p.m. 'lhe Mothet' shaU have CUlltocSy of the Children over the Thank8'iJiving holiday in even numbered years and the Father shall have custody of the Children over '1'tIankagivil19 in odd numbered Yl/are. . D. Hl.oJOlUJ\L UAlc/J'ULlt' 4~ DI\lt'. In even nunbtred years, the MOEner ahlll! have cuatody of the Children on Memorial o.y and Labor Oay and the Father shall have cuatody on July 4th. In odd nllllbered years, the Father ehllll have custody of the OIildren on Memorial o.y and Labor Day and the Mother &hall hllve custody on July 4th. The periods of holiday CUBtody on MellJorial o.y and Labor Day shall run fran 10.00 a.m. until 7100 p.m. and the period of custody on July 4th shall run from 10,00 a.m. until after the fireworks. E. ~'S DI\lt'hAmBR'S Mlt'. The Mother BhaU have custody of the Children every year on Mother's Day from lO.OO a.m. until 7.00 p.m. and the Father ehllU have cuatody of the Children every year on Father'B Day from 10100 a.m. until 7.00 p.m. r. '1'tIe holiday oustody achedule ahall lIuper.ede and take precedence over the regUlar cuotody IIOhedule. G. In the event the Mother's perie.:! of holiday custody faUa in1nediately preceding or following har regular perie.:! of OUIIte.:!y, the holiday/regular period of custody IIhall run . continuou.ly without: interruption. 8. Both pertie. shall ensure that the Children attend their regularly scheduled activities during his or her perioda of CUBtody. 'lhe perUea ehaU cooperate and behav. in a civil lIlMner toward each other When they are both attending the Children's activitiea. , . " , 9. In the event the Mother obtaine counaeling for the Children, the Mother IIhall schedule all counseling sessiona in the sunmer during the Mother's reguler periods of CUBtody. During the school year, the Mother .hall advise the Father of the counseling lIessions at least 1 week in advance and the Fat,her ahall make the Children available for the counaeling. 10. During hie or her periods of custody with the Children, neither party ahall use, 11_11 or possess illegal drugs. In addition, both parties shall eneure that, during hia or her periods of custody, the Children are not exposed to third parties who may be using, selling or pollaessing . illegal drugs. NQither party shall drink alcohol to excess, nor sllow third parties to drink alcohol to excess during his or her periods of cu"tocly. In the event either par:ty ia determined to be in violation of this provision, the other party may petition the Court for a f1ndill9 of contempt. 11. The party ceceiving cuatody of the ChUdren IIhall be responsible to provide transportation for the exchange of. custody with the axception of the Mother's periods of cUilltody on Sunday" dudng the school year and during the school year whllO the Mother hll8 cuatody of the Children for purposes of counaeling sessions, in which case the Mother shllll pr9vide all transportation. l2. The par:ties ehall follow the reccxrrnendations of Jacqueline'lJ eye dootor. Within 10 days of the date of thia order:, the Father shall provide to the Mother., through counsel, all information pertaining to the Children's medical inBurance llnd the names and telephone numbere of any medical professionals providing treatment for the Children. 13. Neither party shall do or flay anything which may estrange the Children from the other parent, injure the opinion of the Children u to the other parent, or hamper thll free and natural development of the Children's love and r:espect for the other parent. The parties shall not harlll:lB each other, but shall apeak civilly to each other in the preaence of the Children. TIIll partills shall conmunicate directly concerning iB"ues involving the Children end the custody arrangements rather than involving the Children unneceaearily. 14. This Ordar is entered pursuant to an agreement of the pl!rtiolJ at a CU"tody Conciliation Conference. The part illS may modify the provisiona of this order by nutual consent. In the absence of mutual consent, the tel:lllB of this order shall control. ", TRUE COllY rr."~ RECOIlD In TOlllmuny ',,:' ,1\ L. ., " [,:f my nand ;~~~,~1!..~ft' Vi.; A". (iJr/;slo p~ ~:;t~' , QQ , pr~th~~~rw BY TlI.E CXlURT, OCI An~ew c. Sheely, Esquire - Counlle1 for Father James J. Kayer, ElBquire - Counsel for Mother .. , ,# . Vi;lm'IC'A'J'ION I vc:rify thlltthc: 811Ilc:mc:nts IllUdc in this pClilion lIrc truc lInd Clm'ccl. I undc:r8lund thnt fulslI shllcmc:nls hc:rein urc subjccllu thc pCllUlti~s of I H PlI es ~ 4904 rcluth1llto unswom fulsit1cUliollto lIuthoritie:s, 2 r Pute:: ,.:.J CL~ /l ill, ~1. . -11LCill ~h '--./ ;/{ ~.~- ClIthe:l'ine H. Stone 'I " , I " ,I " , " , , , ' I , , . " 'i " , II' ;,l " "~I , 1'1 , 'I ., , ,II 'ql 'I " I '.' I " I " I \, , , , , I Iii " " " , , ,.1 IJj n:R'fWICAn: (w S.:alliX I, MCIlWI Mulonc, CC111t1ed LCl!ullntem, the Fumily Luw Clinic, hereby certify thllt IIIIri servinllutrue l1Ild COlrect copy of n Petitiun to Mudify Custody Order on the followini penonl by I1rlt clll8s U,S, MlIiI, poslllj!e prcplliJ, this 7th dllY of Murch, 2002: Timothy W GrillllS 127 Hershey Roud Shippensburll, P A 17257 Timothy W, Griggs HUllisburll Hospitlll III South Front Street Hunisburll, PA 17101 Andrew C. Sheely 127 South Murket Street Mechl1llicsburSI PA 17055 rl , I FAMIL Y LA W CLINIC 4S North Pitt Street Carlisle, PA 17013 717-243-2968 , I" 01 .1 '11 ,II., , , , , , ' t' " I I. ,/ ~, \.. " , " 1111 " d ,I ,I " " I' I,i ). /..- ',? 1, r )>: ,.., . I ,I l'i' '.'- .~ '/.l , !fJ HI.! ~ . I: t' ~.1.. d H I I " " , 'i I !I " " '- ,,,,. I,", Lr: '. I : .. I, , , . ;';Ij !: "". " ,~. 'i II I,' 'I I. " J, " I, ,I II \Ii , TIMOTHY W. ORIGGS, Pluintlff IN THE COURT OF COMMON Pl.EAS OF CUMBERLAND COUNTY, llENNSYl.VANIA V8. 94-569 CIVIL ACTION LAW CATHERINE H. STONE (timnerly Gri!!lls),; Defcndunt IN CUSTODY PRIOR JUDGEI J, Wesley OIer, Jr, CUSTODY CONCII.IATIQ~ SVl\JMARY 8f,~OR'( IN ACCORDANCE WITH CUMBERI.AND COUNTY RUU OF CIVil, PROCEDURE 1915.3-8, tho undersi!!ned Custody Conciliutor submits the following report; I. Tho pertinent Inlonnutlon concemlrl!! the Children who ure the subjects of this litigation is as follows; &MI D"Tt Q.' l)IR1'fI CURRf;NTI.Y IN CUSTOQY QF Zaehury Grllllls Amber S. Origlls Jacqueline Griggs November 1, 1984 December 29, 1986 September 10, 1988 2, A Conciliutlon Conference was hcld on June 5, 2002, with the following individuals in attendance; The Father, Timothy W. GriM!!S, with his counsel, Andrew C. Sheely, Esquire, and the Mother, Catherine H. Stone, with her counsel, Bryon R. Kaster and Lucy Johnston-Walsh, Esquire. 3. The parties ugreed to entry of un Order in the foml as attuched. Date ~ l.. I ,)o,),f _~L,,-1j~~d!f'} Duwn g, Sunday, Esquire Custody Conciliator , " , , " , , 'II I ' ,., I. I"i' ., ',,' , I I '; I'. ".j I "i, I' .1 i I, . I , " , rl , , " ~i! to. . UP~ 511 ~ ~ !'~I ~~ liI!1 ~ II ;L ~ . tI:I I d! i , , " " ' " , 'II I , "'I 1 'i. 1', I " 'I " , I '., ", , I , " .' , . . ~ flr,,;r;- ?nO? . " 1,:1/1( (,12 n~~ I', {liIHJ: ::ill CU' ", ",' JII'I" I'/I...L.I '...1'1, ......\ ' , rlENNSYI.VN.!I/\ ,I ,,' ,II' I. ",' , J\ " , " , , , I " i 1"1 , , Ii " " , 'I I .' " , , I' , " I " I I , , , , i , I , "t ii' ., , I I '1 , i' I ' " , I 'I I , i-I , ',1 .1 , "I , " , , I,' 'I " ' , , , , ~ ! ~ ~ I !!~I g~ I ~ it Uu! ~ II ~ ~n. ~If · III ~ · J . o:l !if ~ I u ~ i I , ' I ' , I" , ' I , ,.1, ,I '! .1 , ' I ' I , , , ' , , , I .. . . '1,1 I, 'I li,1 " " " I, ,I \,1 " " " " ,\ I , , II " " , , ;,1' I, " ,I " " I ~., I.r 1":11'<"1'11,, 'I': iil/,ny or. AIJG ~., 1111101 12 CUM>3I;i". /'!'f) ',I.)JN IY PENNSYl.VANI^ , , " I , , ,I' , H III I " , ' , , " 'I I' I' I' I .1 " , 1'1 1\ I " I' ,I.,) I, 1', . 8. The provisions of thi~ Order shall continue in effcct pcndillll UII uddltionul Custody Conciliation Conference, which Il)ay be scheduled at the request ofthe Father's counsel, Ifnecel8ory, BY THE COURT, ~fbQL.! esley Oler, Jr. . J, J. cc: Andrew C. Sheely, Esquire - Counsel for Father Bryon Kaster and Lucy Johnston-Walsh, Esquire - Counsel for Mother I , , " , , " , " : ,I' , , Ii " , , " i , I, '1;1 " , " " , , , , 1 " " I , " , I, l( , , , I, I , " " , 'I , " I. ~ I, I , I, " "