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HomeMy WebLinkAbout95-00879 l,.. \Y ::::F, ~ -7 ~ o ~ . . e: ~ J '"'~ I \(1 I CTI , - ~~-'-" , :';-- .' . ~ ~.. N a= .(1- 'I") "" ....... ,..... ~ W'()=_J:,! ~<)F :: (.);,c '<;r I:'o(jooi.( 1..."1:0;" N r,J ~.. ":z...1 '1,..I4t~ '.~I;": l/lI r- ..Il'\.~" ~':\UW~ - 1.. _LoJW ~ ... ;'::c.11. -s. '" a!:! ...=> 0'" ~ !;'- 'l--> It) "l'"\ ~ t'- 1'1 NJ ~ "'\ '"" ~ ~-~ <:::> ~~~' ~ ~Ul ;~ ~ S j ~~ ~ 0 ~ ~ ~~ ~ u~ ~ Cl~ ~! ~ o I U ~ ~u ~ i~ ~ J ~ ~ . " . E~ :tn_3 o! I-t t.I l> I i J ~ ~ u tl If 0( ~ I~!~l ~r.l ..:I r.l ~ t<l :z:~o~ H I-J ~ 0 H :Z:U U f . . . :. . , .. FEB 2 7 '995 I; '1 '2. ~o y\\ ,~} \\~\\ J . r,flCl: \ ." ,J \O~", ~,,' Qf ~i\\ '. '.:\~ ~'''':1;"l CU~t,~ ;1\<-; 'J :.i{ ~ ~ n.~'l'"l- 3'3 .f5' (I~1 nr.~~'/ ~ XJ.~~...I'~ J. J 9.r ttJ'fJ'I ~" ~ 4 ~.dJ 3..3.fJ ~ /44 ~'dfI m:\ ejh\ family\ mockeust.cmp 2/15/95 Charles J. Hanwen, Esquire Supreme Coun J.D. 1lI526S5 BOSWELL, SNYDER, T1NTNER &; PICCOLA 315 N. Front Street PO Box 741 Harrisburg, PA \7I08.()741 (717) 236-9377 Allomcys for Plaintiff JOSEPH CRAIG MOCK, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNA. . /).-.- ; NO. 9~;'. J'1? u.~ I~<.~,..... v. ELIZABETH STATLER, DEFENDANT : CIVIL ACTION - CUSTODY COMPLIANT FOR CUSTODY AND NOW COMES. the Plaintiff, Joseph Craig Mock, by his counsel, Boswell, Snyder, Tlntner & Piccola, and complains for custody as follows: 1. Plaintiff Is Joseph Craig Mock, an adult Individual currently residing at 229 Locust Street, Steelton, Dauphin County. Pennsylvania 17113. 2. Defendant Is Elizabeth Statler, an adult Individual currently residing at 825 Pamela's Lane West, Mechanlcsburg. Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following children: Joshua Craig Mock and Daniel George Mock. Dates of birth - September 23, 1981; and December 9, 1982. The children were not born out of wedlock. . I The children are presently In the custody of Defendant. who resides at 825 Pamela'a Lane West, Mechanlcsburg. Cumberland County, Pennsylvania. 4. During the past five years, the children have resided with the following persons and the following addresses: PLAINTIFF & DEFENDANT i r I I I 4605 Harwick Road Harrisburg, PA 1989-1993 DEFENDANT 825 Pamela's Lane West Mechanlcsburg, PA 1993-presen t August 1991 to December 1991. Joshua Craig Mock resided with Plaintiff Joseph Craig Mock and his wife, Julie Ann Mock at 181 Joya Circle, Harrisburg. Dauphin County, Pennsylvania. The mother of the children Is the Defendant, Elizabeth Statler. currently residing I ( f I I i f i i , I , at 825 Pamela's Lane West. Mechanlcsburg, Cumberland County, Pennsylvania. She Is married. The father of the children Is the Plaintiff, Joseph Craig Mock. currently residing at 229 Locust Street, Steelton, Dauphin County, Pennsylvania. He Is married. The relationship of Plaintiff to the children Is that of father. The Plaintiff currently resides with Julie Ann Mock. his wife. The relationship of Defendant to the children Is that of father. The Defendant currently resides with John Statler. her husband. ...~.., -2- I, S. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this or another Court. 6. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 7. 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. 8. The best interests and permanent welfare of the children will be served by (a) Plaintiff will provide the childrenren with a stable. nurturing and loving environment. granting the relief requested because: 9. Each parent whose parental rights to the childrenren has not been terminated and the person who has physical custody of the childrenren has been named as parties to this action. WHEREFORE, Plaintiff, Joseph Craig Mock, request the Court to grant custody of the childrenren to Plaintiff. RESPECTFULLY SUBMITTED. BOSWELL, SNYDER, TINTNER & PICCOLA DATE: c~!I()qf' By: ,~~' ~-<A harles J. Hartwell. Esquire -3- . v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : NO. JOSEPH CRAIG MOCK, PLAINTIFF ELIZABETH STATLER. DEFENDANT : CIVIL ACTION - CUSTODY VERIFICATION I. Joseph Craig Mock, Plaintiff, hereby verify that the facts contained in the foregoing Compliant for Custody are true and correct to the best of my knowledge, information and belief. I understand that faise statements herein are subject to the penaities of 18 Pa.C.s.A. g4904 relating to unsworn falsification to authorities. ~~1i~~/( 10S PH CR MOCK DATE: .J11~$ .. Cbarles J, Hsnwcll, Bsquire Supreme Court 1.0, _'2M' BOSWBLL, SNYDBR, TINTNBR &; PICCOLA 31' N, FroDt Street PO B01741 Harrisburg, PA 171~41 (717) 236-9377 JOSEPH CRAIG MOCK, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : NO. 95-879 CIVIL TERM v. ELIZABETH STATLER, DEFENDANT : CIVIL ACTION - CUSTODY AFFIDAVIT OF SERVICE BY MAIL COMMONWEAL11I OF PENNSYLVANIA . . : 5S. COUN1Y OF DAUPmN . . I. Charles J. Hartwell, Esquire, being duly sworn according to law, depose and say that I am the attorney for Plaintiff, JOSEPH CRAIG MOCK, and Ihat I did mail a true and correct copy of the Complaint in Custody filed in the above matter. by certified mail. return receipt requested, deliver to addressee only, ELIZABETH STATLER. on March 6, 1995. at 825 Pamela's Lane West, Mechanicsburg, Pennsylvania, 17055. Addressee acknowledged receipt of same on March 7. 1995. as shown by the return receipt card attached hereto as Exhibit "A," 2dJ~TWELL FSQumE Sworn to and subscribed )be~~'- me this 1$ day oi/ve 1 5. ... ~ ~ A''''''''''.tr r. r:!11or, <<otArr P,lblfc H""T"f~hu,..,. rr. Ocuphin ColIllt,r It:, t;.r.-;,rfon EYpf= UO'I. 21, lP1~ .~ r. - , .. . .~J'A~'1~~~~1f,~~\'!\~~~*:i~"'/,;;Wl~;.~3i),'f{;~,~~lj~~m~i .' ;1~==:~1~~~:~;:~4~"":'~:'>'?;Y"..... .'~I~~~:~~~:;~J~1~~j ".I'~aW"::;. ::. ;'1!'.'i?'.~'.""Ult.,... ~,'-t~ ........ ,".~ '\'"I, ~............ 'HIL' .<;"'..i:.:i'.:;'[.fi'fSfi.:'.~~~ffl.".i:.d1 ,WAil.......:~~....l';~"of~~;~...Ult~"...... ;,.~ A'Id~'!!'~.~.Z;~ij! ',~~;::':t~~i, r",;q.'I~04''''''';~_ihOoiticio......... 2,'.0 R~llict~,H;eIl...vW:;~~t:f1: f*'l!t~~~~~~tow~iJ'~~~lndthedlt. 'C~t'" ,,' ~t.r~fOl-fH' ,;~<i~~2~ l l~'o1.- ~_ "'''""d'. ~", . '~"',- ,-' . , . . . _', .'''.~.~~.'; fk'~f~'~5~.. .. ..A~~ai''3(ds..'\~;~Jl I~I rt:~~~~2~~k>.'S k.cw.WtS+ ~~~~ype g~~~td.',<i:~'i"j t~ ~1ti~~I~S~ P~nOS:S OEllP""M'II.0R.tuinR"'t1Ptj~r:, ( I' ,..,. ,'. ..,... 7 DI" Iv .. ....., I..; \,.:,....:: .. . '>5~,.lI;,' ~!', '" "" '-'r., _,:0. ;-, s:..: I'?'" ,C". .... .... . . .. ,(~yl':m:atm;1; , 8,..Slgn "lAgontl....,..... ;., "'... ... . .;;. . ..';";~' ~~~~rE,II~~~~~~~I~...~~~l :.:~;~l.~t ~;..,I{ociM~~.i~~R~..~,c~~i ~ (.~ "i...> tvh,bi /1,411 ~ ~ i I ~ ~ ~ ~ I ii'''''$, _a ~ e.... ill I~ ..:l B ~ '" .g. ~ ~ 5 J ~ I ~o( ~ ('. 1$.50: ~ ~~ I _t . I .:! 2!:l [ij . ~ [) ~ ~fIl 1\ ... = oS > I~ 'I - ~ 0\ ~ I ~ t ~.- ~ III ... I i~ ~ ' ~ = I :; en la ~ ., ., ] I-t 0\ ..:l . ... ~ .., tal . E ~ u ~ ~ B - ,. - : ..' APR - 3 19~:, JOSEPH CRAIG MOCK, . IN THE COURT OF CXJMMON PLEAS OF . Plaintiff . CUMBERI.AND COUNTY, PENNSYLVANIA . . . v. . NO. 95-879 CIVIL TERM . . . ELIZABETH STATLER, . . Defendant IN CUSTODY AND N:M, this consideration of the directed as follows: ORDER OF COURT ~ · day of A {9""" attached CUstody Conciliation Report, , 1995, upon it is ordered and 1. The Mother, Elizabeth Statler, shall have legal and primary physical custody of Joshua Craig Mock, born September 23, 1981 and Daniel George Mock, born December 9, 1982. 2. The Father, Joseph C. Mock, shall have physical custody of the Children on alternating weekends from Friday at 5:00 p.m. until sunday at 7:00p.m. The alternating weekend schedule shall begin with the Father having physical custody of the Children on April 7, 1995. 3. The Father shall also enjoy physical custody of the Children on alternating Thursday evenings, beginning April 13, 1995, from 5:00 p.m. until 8:00 p.m. during the school year and from 5:00 p.m. until 9:00 p.m. during all periods of school vacation. 4. The parties shall have physical custody of the Children on holidays in accordance with the following schedule: A. The Mother shall have physical custody of the Children during the Christmas holiday of every year from December 24th at 12:00 noon until Christmas Day at 12:00 noon, and the Father shall have physical custody from Christmas Day at 12:00 noon until December 27th at 12:00 noon in every year. B. On the Easter weekend of every year, the Mother shall have physical custody of the Children from the Saturday before Easter at 8:00 a.m. until Easter Sunday at 4:00 p.m., and the Father shall have physical custody of the Children from Easter Sunday at 4:00 p.m. until the Monday following Easter at 7:00 p.m. C. On Thanksgiving Day of every year, the Mother shall have physical custody of the Children until 2:30 p.m., and the Father shall have physical custody of the Children from 2:30 p.m. until 8:00 p.m. 5. On each of the Children's birthdays, the noncustodial parent shall have physical custody of the Child, who is celebrating his birthday, for two hours. The specific arrangements for this period of physical custody shall be made by mutual agreement of the parties. 6. The Father shall enjoy physical custody of the Children for three extended weekends during sunmer vacation from Friday at 5:00 p.m. until the following Wednesday at 9:00 p.m. These extended weekends shall coincide with the Father's regular alternating weekend schedule and in 1995 shall occur on June 30, July 14, and August 11. In subsequent years, the parties shall schedule specific dates for these periods of partial physical custody by mutual agreement prior to May 1st of each year. 7. The parties shall exchange custody of the Children at all times designated herein at the Kentucky Fried Chicken restaurant in Lemoyne. 8. The Mother shall provide the Father with a checklist and schedule of all necessary medications, treatments and therapies required by their son, Joshua Craig Mock. The Father shall note all medications, treatments and therapies provided during his periods of physical custody to insure that Joshua's health care regimen is followed consistently by the parties. 9. The parties shall obtain a written opinion from Joshua's physician, Daniel V. Schidlow, M.D., as to whether Joshua's health is affected by spending periods of time in a bowling alley. If it is determined by Dr. Schidlow that the bowling alley environment is detrimental to Joshua's health, neither party shall take Joshua to the bowling alley. 10. The Mother shall promptly inform the Father of any developments or changes concerning the health care or medical condition of the Children and shall provide him with all written medical reports. The Mother shall also provide the Father with all school, sports and activity schedules as well as report cards and other reports received by the Mother pertaining to the Children's physical, intellectual and social development. 11. The parties shall ensure that the Children attend prescheduled activities, including but not limited to sports practices and games, choir activities, youth group meetings, etc., during their periods of physical custody. 12. The parties may modify this custody schedule by mutual agreement. In the absence of an agreement to modify this schedule, the schedule outlined above shall control.' BY THE COURT, cc: Charles J. Hartwell, Esq. Paul J. Esposito, Esq. - 4, ~ Ii J. ,/' . / ~ r.--cf-,.L 1f1S"1 '1~. ~.P. ~ ,,:: ~, 'j . ":. . 11 It ,~.) All;(,,:J Ul,.'~I; '1,{n:) ,\JV1CttCHi'. ._:i: JO ~~+-'.~" 56. Hd Bt I 5 Ud~ .~ "' . Ooldbq, ICaImwa A ShIpmoa, P.c. Paul J. ~ &quIn .LD. 1125454 320 Marbl SI.,..... 0III0t IIoa 126. IfuriaburI, PA 1710..1261 AlIomoyI rer nor"""'" JOSEPH C. MOCK, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-879 CIVIL TERM ELIZABETH STATLER, Defendant CIVIL ACTION. LAW CUSTODY ORDER OF COURT AND NOW, to wit. this 2/" dayof {M'a/.~~ .1998, upon consideration of the Stipulation for An Agreed Modified Order of Custody, it is hereby ORDERED AND DECREED that the terms of said Stipulation are hereby incorporated into this Order of Court as fully as if set forth at length herein. BY THE COURT: , I /l1:L/ J. '- .. 00I-..~.~..c. 'auIl. ~ EIquIn. LO. 112'4'4 320Mubl_ PootOllloo 8001261 I/anlobura. PA 1710..1261 AIIGmo)s Ibr Dd'..... JOSEPH C. MOCK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-879 CIVIL TERM v. ELIZABBTH STATLER, Defendant CIVIL ACTION - LAW CUSTODY STIPULATION FOR AN AGREED MODIFIED ORDER OF CUSTODY AND NOW. tbis-1JJ....dayof O[~ . 1998, the parties hereto stipulate and agree as follows: WHEREAS. as a result of the parties' appearance before the Custody Conciliator, Dawn S. Sunday, Bsquire, on March 28, 1995, an agreement was reached with regard to the best interests and welfare of the parties' two minor children, namely, JOSHUA CRAIG MOCK, born September 23,1981, and DANIEL GBORGB MOCK, born December 9, 1982; and WHEREAS, said agreement was reduced to writing and incorporated in an Order of Court dated April 4, 1995, issue~ by the Honorable Kevin A Hess; and WHEREAS, the parties have reached agreement on certain modifications to the aforementioned order and wish to have said order amended in accordance with the following in that they believe that the best interests and welfare oftheir children will be served by said modifications. NOW. THEREFORE, the parties do hereby stipulate and agree that the best interests , . and welfare oftheir said children, 10shua and Daniel, will be served by the following: 1. Mother, Elizabeth Statler, shall have legal and primary physical custody of Daniel George Mock, born December 9, 1982. 2. Father, 10seph C. Mock, shall have legal and primary physical custody of 10shua Craig Mock, born September 23, 1981. 3. Father shall have physical custody of 10shua and Daniel on alternating weekends from Friday at 5:00 p.m., until Sunday at 7:00 p.m. Mother shall have physical custody of the children on alternating weekends from Friday at 5:00 p.m.. until Sunday at 7:00 p.m. 4. The parties shall have physical custody of the children on holidays in accordance with the following schedule: A Mother shall have physical custody of the children during the Christmas holiday of every year from December 24* at 12:00 noon until Christmas Day at 12:00 noon, and Father shall have physical custody from Christmas Day at 12:00 noon until December 27* at 12:00 noon of every year. B. On the Easter weekend of every year, Mother shall have physical custody of the children from the Saturday before Easter at 8:00 a.m. until Easter Sunday at 4:00 p.m., and Father shall have physical custody of the children from Easter Sunday at 4:00 p.m. until the Monday following Easter at 7:00 p.m. C. On Thanksgiving Day of every year, Mother shall have physical custody of the children until 2:30 p.m., and Father shall have physical custody of the children from 2:30 p.m. until 8:00 p.m. 5. On each of the children's birthdays, the non-custodial parent shall have physical custody of the child who is celebrating his birthday, for two hours. The specific arrangements for this period of physical custody shall be made by mutual agreement of the parties. 6. Father shall have physical custody of the children for three extended weekends during summer vacation from Friday at 5:00 p.m. until the following Wednesday at 9:00 p.m. These extended weekends shall coincide with Father's regular alternating weekend schedule. The parties shall schedule specific dates for these periods of partial physical custody by mutual agreement prior to May 1 of each year. 7. The parties shall exchange custody of the children at all times designated herein at the Kentucky Fried Chicken restaurant in Lemoyne. 8. Each party shall promptly infonn the other of any developments or changes concerning the health care or medical condition of the child in his or her primary physical custody and shall provide the other with all written medical reports. Each party shall also provide the other with all school, sports and activity schedules as well as report cards and other reports received by that party pertaining to the child's physical, intellectual and social development. 9. The parties shall ensure that the children attend pre-scheduled activities, including but not limited to sports practices and games, choir activities, youth group meetings. etc., during their periods ofphysicai custody. The parties acknowledge and agree that in consideration of the fact that Joshua is 17 years of age and Daniel is 15 years of age, their wishes and preferences regarding the schedule of physical custody and attendance and participation in school and other activities shall be recognized and honored to the fullest extent, consistent with the physical custody . , arrangements. 10. The parties may modifY this custody schedule by mutual agreement. In the absence of an agreement to modifY this schedule the schedule outlined above shall control. 11. The parties agree that they shall seek an order of court adopting the tenns of this Stipulation. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. ~ -""~~ 10 H C. MOCK ELf~TLER ~ n _D ," :..!) 0 ,. "T1 "Pt-,. ':-> ~:t-J ~.' l!,". '""l ~: -',) -I Ilf!1 ;, :' '':;> ~., I Tl ., .3;1:; ....:.. ~-r ..'" .I)~ , .',.0 i_':. rn ...i :::> P .....: 'Y> :0 .^< 1 1 .... ~ ,. '" &.-"'.:a- , "'l :'b' @;