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HomeMy WebLinkAbout94-01284 ~ .... s V) ~ ~ ~1 ~. ~ ., ~ \.. ~ ~ ~ , ~ ':).. ~ ~ "'- - :::> -- I ., OJ 21 i I .. vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER 1.2. 1'1 Cl.1.:.....J Iqt'J Y STEPHANIE L. MESSERSMITH, . Petitioner. JEFFERY A. MESSERSMITH, Respondent. CUSTODY ORDBR AND NOW, this It~day of March, 1994, upon consideration of the within Petition, it is hereby Ordered that temporary physical custody of ZACHARY ALAN MESSERSMITH, born April 16, 1990; IAN ALAN MESSERSMITH, born May 15, 1991; and KIEL ALAN MESSERSMITH, born June 16, 1993; shall be with their mother, STEPHANIE L. MESSERSMITH, until further Order of this Court. BY THB COURT: ,lid.- J. HtR 10 4 06 PH '9~ I:, i'. I,!)I'<:: h~ ',:'. :'1 i~E , -,)';',;/"",r,,:, ~ I; ~ ",~ (:' < 11 Y wL..;,:.,:.\ "~fF~}"~:' .i,.' STEPHANIE L. MESSERSMITH, Peti tioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER IJ ftI ~,:;;..f /9lJy CUSTODY vs. JEFFERY A. MESSERSMITH, Respondent PBTITION POR EMERGBNCY RBLIBP NOW COMES Your Petitioner, STEPHANIE L. MESSERSMITH, by her attorney, Charles E. Petrie, and respectfully represents as follows. 1. That Your Petitioner is STEPHANIE L. MESSERSMITH, who currently resides at 26 East Manor Avenue, Enola, County of Cumberland, Pennsylvania. 2. That Respondent is JEFFERY A. MESSERSMITH, who currently resides at 133 West Main Street, Elizabethville, County of Dauphin, Pennsylvania. 3. That the parties are the natural parents of three minor children; ZACHARY ALAN MESSERSMITH, born April 16, 1990; IAN ALAN MESSERSMITH, born May 15, 1991; and KIEL ALAN MESSERSMITH, born June 16, 1993. 4. That the children have resided since birth with both parents until the first week of February, 1994, when Respondent left the parties' residence. The parties have resided at the Enola address since Au~ust, 1992. . ~ 5. That on Sunday, February 27, 1994, Respondent took the children to his parents' residence in Elizabethville and has refused to return the children to their home in Enola. 6. That all of the children's possessions remain with Your Petitioner in Enola, including clothing, beds, and child restraint seats for automobiles. 7. That the residence of the parents of Respondent has three bedrooms. Respondent sleeps in one room; Kiel, age 9 months, sleeps in a vlaypen in the second room; and Zachary, age 3 years, 11 months; and Ian, age 2 years, 10 months; and Respondent's parents, Fred and Lena Messersmith, sleep in the remaining room. B. That in the children's Enola residence, there are three bedrooms. One bedroom is used by Your Petitioner; two children share the second bedroom, and one child has a bedroom of his own. 9. That the children have never been separated from their mother and Your Petitioner fears for their emotional well-being. 10. That Your Petitioner works three evenings per week and is available to be with the children during the remaining hours of the week. 11. That Respondent operates a motor vehicle with the children as passengers and does not use child restraint seats. Respondent received a citation for doing so during the first week of March, 1994. Your Petitioner fears for the safety of the minor child. ~~~ CHARLES E. PETRIE 3529 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Petitioner 12. That Your Petitioner has filed a Com~laint for Custody contemporaneous with the filing of this Petition. WHEREFORE, Your Petitioner respectfully requests that Your Honorable Court enter an Order granting temporary physical custody of the minor children to Your Petitioner until further Order of Your Honorable Court. Respectfully submitted made subject to the penalties of 18 Pa.C.S. 64904, relating to unsworn falsification ~I;'B /04- Diif!- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Petition are true and correct. I understand that false statements herein are C3 - - - .... - ~ IU ~ ~ ~~'" --: ~ I~~ ~ ...l ... I'll ci .... ~ ~~ :c '" I'll "'", U ~ :I: CHARLES E. PETRIE AnOR.'liV AT tAW 3528 lIRISllAN SllmET HARRISBURG, PENNSYLVANIA 17111 MAR i () i99f;" f'-".~":'" ;:-:'<:,"1" Iii>~:I;~ ,\ 'f";' ,< - . .'-- - ' '. --"-'~ -. .. 1 STEPHANIE L. MESSERSMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER 1.)['1 r'.l;.-J 1"'1,/ vs. . . JEFFERY A. MESSERSMITH, Defendant : CUSTODY ORDBR OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Samuel L. Andes, Esquire, the conciliator, at 525 North Twelfth Street, Lemoine, PA, on the IL/t~day of f}or, i , , 1994, at ~ p, .M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard bi the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a tem~orary or permanent order. BY THB COURT: ~ad A /J-~RA~. -r&~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th Floor CUMBERLAND COUN~Y COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER. (717) 240-6200 to: '<';"'.::":"r.'::_ <.:,..-...., ::,';":',_~ HAR 2/ 10 33 4H '9~ c,~'OfflCE Of r"t i';,,'rIlOHCiA~Y CU'h[PlAhO CO~!/Tl' Pi.NNSYLVA'I'~ " STEPHANIE L. MESSERSMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . NUMBER /J N C~ 11'i'( vs. JEFFREY A. MESSERSMITH, Defendant CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, STEPHANIE L. MESSERSMITH, by her attorney, Charles E. Petrie, and respectfully represents as follows. 1. Plaintiff is STEPHANIE L. MESSERSMITH, who currently resides at 26 East Manor Avenue, Enola, County of Cumberland, Pennsylvania. 2. Defendant is JEFFERY A. MESSERSMITH, who currently resides at 133 West Main Street, Elizabethville, County of Dauphin, Pennsylvania. 3. Plaintiff seeks to have custody of ZACHARY ALAN MESSERSMITH, born April 16, 1990; IAN ALAN MESSERSMITH, born May 15, 1991; and RIEL ALAN MESSERSMITH, born June 16, 1993. The children were not born out of wedlock. The children are presently in the custody of Defendant, JEFFERY A. MESSERSMITH. Since birth, the children have resided with the fOllowing persons and at the fallowing addresses. From April, 1990, until August, 1992, with Plaintiff and Defendant on Paxton Street, Harrisbury, Pennsylvania; from August, 1992, until the first week -. ~ of February, 1992, with Plaintiff and Defendant at 26 East Manor Avenue, Enola, Pennsylvania; from the first week of February, 1992, until Februarj 27, 1994, with Plaintiff at 26 East Manor Avenue, Enola, Pennsylvania; and from February 27, 1994, until the present, with Defendant at 133 West Main Street, Elizabethville, Pennsylvania. The mother of the children is STEPHANIE L. MESSERSMITH, who currently resides at 26 East Manor Avenue, Enola, Pennsylvania. She is married. The father of the children is JEFFERY A. MESSERSMITH, who currently resides at 133 West Main Street, Elizabethville, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the children is that of mother. The Plaintiff currently resides alone. 5. The relationshiV of the Defendant to the children is that of father. He currently resides with the children and with his parents, Fred and Lena Messersmith. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other liti~ation concernin~ the custody of the children in this or in another court. The 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 these proceedings who has ~hjsical custody of the children or who claims to have custody or visitation ri~hts with respect to the children. '\ 7. The best interest and permanent welfare of the children will be served by confirmin~ in Plaintiff custody of the children because Plaintiff can better care for the children and provide a suitable environment for the children. B. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. Respectfully submitted, WHEREFORE, Plaintiff requests the Court to ~rant to Plaintiff custody of the children. ~t~ CHARLES E. PETRIE 3529 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff v...,,~.""'~~ ... COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 64904, relating to unsworn falsification to ~7I9/Q1- DATE ~ 0 ~ ~ ~ g , ' '.1 <') :l- .. [ ~ ~ '\' t>o ~ '" ~ <'!I 't. ~J -=- en - ~, ...:>- . . :c: "'- ro N '" '.. ., ~~.., . .. '" ' -., (t.:' D..: ;:..~ ... ... ... .... ... ~ !U ~ ~ ~~ !3lelle ...:l "~d ~ ll!l~ :c '" r:a U M!a ~ :t '" ~ ... , ... \D '" ,.:. ... .... , .. . '. CIlt\IU.ES E. PETRIE ArtflM:o.U' AI I..\W ..5~N IIRISUAN STREET IIARRISlIlJRG, PENNSYLVANIA 17111 ~ , : 1 1 . I 1...\ .. , Messersmith, born April 16, 1990, Ian Alan Messersmith, born May 15, 1991, and Kie1 I IIA1an Messersmith, born June 16, 1993. II 2. The parents shall share physical custody of the said minor children on the I, Ii following schedule: II Ii il II II ,I .1 ii il tl I, !i ii 11 ",. 1 ' APR 19 199. dJ1-- STBPHANIB L. MBSSBRSMITH, ) IN THB COURT OF COMMON Plaintiff ) PLBAS OF CUMBBRLAND ) COUNTY, PBNNSYLVANIA vs. ) ) NO. 94-1284 CIVIL JBFPBRY A. MBSSBRSMITH, ) Defendant ) CUSTODY ORDRi AND NOW, this 2,0. day of ~,;I , 1994, upon receipt of the Iconciliator's report, it appearing that the partieD have agreed upon the terms of this I order which was dictated in their presence and approved by them and their counsel, we hereby order and decree as fo11ows: 1. The parties sha11 share legal custody of their minor children, Zachary Alan A. The father shall have the children each week from 9:30 a.m. on Friday until 12:30 p.m. on the following Tuesday, unless the father is scheduled to work on Monday, in which event his time shall end at 12:30 p.m. on Monday. The father's periods will start on Friday, April 22, 1994. B. The rest of the time the children shal1 be in the physical custody of the mother, SUbject to the following provisions of this order. I. .' .1 3. The parties shall share custody of the children on holidays as follows: A. Over the Christmas holiday every year, the fat~r shall have the three children from 5:00 p.m. on the 24th of December until 3:00 p.m. on the Ii Ii , :i 1 i'i' . .. , . ." " , <' .,! .,' I, ';; I'" " , ! ~ ,Ii ! }~ " ,ill, ; .; ~ ,.. " ,;, , . ;" ~ : :,i ~rl\ 2U '9 '31 ~~ l~~ : :iflCE Ijf ." ~~~VJli~I,Af~l cll)IS""~";) ,"\I:in .'t H'1 :;.'f '..-1:~1i\~ ' II' .. ., ..,. ," '. ,', ! ' ri '. i:l. ...' ,!!..,". j.! q, " 'j .j';, i.lil"' 'j .i " .,J. ',i. " ".JI' ,\' I ~ . '4'. .j' . '. II! t-:):. ;' ,;r ,: '.1 ~ j:I'1 I .i.li; ",' " ....' ,.", "I'; .. . I': ".' ',I ,. . ',,,t ,J, -ld, { i;{ II \o:~ ,'.ii; i l :; .. 25th of December and the mother shall then have the children from 3:00 p.m. on the 25th of December until 3:00 p.m. on the 26th of December. B. On the Easter, Hemorial Day, July 4th, Labor Day, and Thanksgiving holidays each year, the father shall have the children from 5:00 p.m. the evening before the holiday until 5:00 p.m. on the holiday itself and the mother sha11 have the children from 5:00 p.m. on the holiday until 5:00 p.m. the day fo110wing the holiday. C. The provisions of this order relating to holidays shall prevail over the other schedule of custody. D. On each of the children's birthdays each year, the father shall have all three children from 9:00 a.m. until 12:30 p.m. and the mother shall have the children from 12:30 p.m. until 5:00 p.m. 4. Each of the parties shall have the children for two (2) weeks each summer, without interruption for temporary or physical custody with the other parent, upon the condition that each parent shall give the other at least sixty (60) days' advance notice of such periods. The vacation periods will prevail over the other provisions of this order, except for the holiday provisions. 5. The mother currently does not have a valid driver's license, although she expects to obtain one shortly. When she does, she will share in the transportation of the children for purposes of custody exchanges. since the father currently works in Lemoyne, it is expected that he will bear more than one-half of the burden of transportation because the schedule has been arranged to accommodate his work schedule !,as much as possible. Otherwise, the parties will share the transportation burden as :: .. 'much as they can on an equitable basis. 2 , '. 6. The parties are reminded that they may modify the ter.s of this order, but they .ay do so only by .utual agree.ent. They are encouraged to cooperate with each other to negotiate any ~difications of this order that may be necessary, but cautioned that they .ust be sure the agree.ent for any such ~dification is .utual and understood by both of the.. By the Court, -<t.-. Ad- / J. / / Charles E. Petrie, Esquire Attorney for Plaintiff ~vP'J ~ 'IP0ty uw- Hadelaine N. Baturin, Esquire Attorney for Defendant ~ ,~./"t '{f.uft'! l~- I I I ; ! sla 3 , ~ ~ I STBPHANIB L. HBSSBRSHITH, Plaintiff IN THB COURT OF COHHON PLBAS OF CUHBBRLAND COUNTY, PBNNSYLVANIA NO. 94-1284 CIVIL ) ) ) ) ) ) ) CUSTODY vs. JBFFBRY A. HBSSBRSHITH, Defendant I I JUDG' '''''OU.L' ""'N":,,:::,::::'::::':::::: :;.:::: ...... I IN ACCORDANCE WITH CUH8ERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the sUbject of this I litigation is as follows: I INAHE BIRTHDATE CURRENTLY IN CUSTODY OF Zachary Alan Hessersmith Ian Alan Hessersmith liel Alan Hessersmith 16 April 1990 15 Hay 1991 16 June 1990 Plaintiff/Hother Plaintiff/Hother Plaintiff/Hother 2. A Conciliation Conference was held on 14 April 1994 and the following individuals were present: the Plaintiff and her attorney, Charles B. Petrie, Esquire; the Defendant and his attorney, Hadelaine N. Baturin, Esquire. 3. The parties each wanted primary physical custody of the three children. Because they have an unusual work schedule, and because they were wil1ing to compromise for the benefit of their children, they were able to work out an agreement which satisfied both of them. Frankly, both of these parties showed maturity beyond their : ages and I was impressed with how we11 they could work together to solve a difficult case. With the entry of the enclosed order, no further action is necessary. : 18 April 1994 ~~- ~ Samuel L. Andes Custody Conciliator ... .. . STBPHANIB L. HBSSBRSHITH, Plaintiff ) ) ) ) ) ) ) IN THB COURT OF COHHON PLBAS OF CUHBBRLAND COUNTY, PBNNSYLVANIA NO. 94-12S4 CIVIL CUSTODY vs. JBFFBRY A. HBSSBRSHITH, Defendant I. t' Ii , ! ORDER I i day of , 1994, upon receipt of the AND NOli, this conciliator's report, it appearing that the parties have agreed upon the terms of this order which was dictated in their presence and approved by them and their counsel, we , hereby order and decree as fo110ws: 1. The parties shall share 1egal custody of their minor children, Zachary Alan ':Hessersmith, born April 16, 1990, Ian Alan Hessersmith, born Hay 15, 1991, and Kiel Alan Hessersmith, born June 16, 1993. 2. The parents sha11 share physical custody of the said minor children on the ',following schedule: A. The father shall have the children each week from 9:30 a.m. on Friday until 12:30 p.m. on the following Tuesday, unless the father is scheduled to work on Monday, in which event his time shall end at 12:30 p.m. on Monday. The father's periods will start on Friday, April 22, 1994. B. The rest of the time the children shall be in the physical custody of the mother, subject to the fol1owing provisions of this order. 3. The parties shall share custody of the children on holidays as fol10ws: A. Over the Christmas holiday every year. the father shall have the three children from 5:00 p.m. on the 24th of December until 3:00 p.m. on the 1 . ~ ~. . i 25th of December and the mother shal1 then have the children from 3:00 p.m. on the 25th of December until 3:00 p.m. on the 26th of December. . , , I . , oj :1 !j " B. On the Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving hOlidays each year, the father shall have the children from 5:00 p.m. the evening before the holiday until 5:00 p.m. on the holiday itself and the mother sha11 have the children from 5:00 p.m. on the holiday until 5:00 p.m. the day fol10wing the hOliday. C. The provisions of this order relating to holidays shall prevail over the other schedule of custody. D. On each of the children's birthdays each year, the father shall have :1 " 'i I . :! i, I, I, !i all three children from 9:00 a.m. until 12:30 p.m. and the mother shall have the children from 12:30 p.m. until 5:00 p.m. i; 4. Each of the parties shal1 have the children for two (2) weeks each summer, ',without interruption for temporary or physical custody with the other parent, upon the ':condition that each parent shall give the other at least sixty (60) days' advance notice of such periods. The vacation periods will prevail over the other provisions of this order, except for the hOliday provisions. 5. The mother currently does not have a valid driver's license, although she expects to obtain one shortly. When she does, she wil1 share in the transportation of the children for purposes of custody exchanges. Since the father currently works in Lemoyne, it is expected that he will bear more than one-half of the burden of transportation because the schedule has been arranged to accommodate his work schedule as much as possible. Otherwise, the parties wil1 share the transportation burden as much as they can on an equitable basis. 2 . -c .- ,. :i 6. The parties are reminded that they may modify the terms of this order, but Ii they may do so only by mutual agreement. They are encouraged to cooperate with each jl ,lather to negotiate any modifications of this order that may be necessary, but cautioned I !lthat they must be sure the agreement for any such modification is mutual and understood IlbY both of II I' " i! " :1 'I II I, I them. By the Court, J. Charles E. Petrie, Esquire Attorney for Plaintiff ilHadelaine N. Baturin, Esquire II Attorney for Defendant i Ii " 'I I, " ,. , i " sla 3 ~ ~ ~ ~ ~ ~ ~ c(l ~ III :B ~ fo<< I:' ~ .. Z :l >- =: <II t! ~ on o ~ t: III ~ ~ ~ 1; ~ ~ ;;.: 0 Iii Jof . I:: ~ z Ul <" ~ III " )! ~ " ~ < . - APR 1 9 1994.) '. '. .