HomeMy WebLinkAbout95-01660
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: IN THE COURT OF COMMON PLEAS O.F
:CUHBERLAND COUNTY, PENNSYLVANIA
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:CIVIL ACTION - LAW
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:NO. g.) -lbt')CIVIL
C"IlI\"""\(' R;uf(<, (~efendant : CUSTODY/VISITATION
<, .;~ i,-",,(\lh.{ n. 'M:Y/fI;<I, ORDER OF COURi'
AND NOW, this 'Af1/d~~e)6, 1~<iS- , upon consideration of the
attached complaint, it is hereby directed that the parties and
their respective counsel appear before D"-,,,,' <;, Sv..,J...y t'~<,~ "
the conciliator, at "<'1 \....,. lVl"',,, .$'\, Me..k..", C.~/.."'(7 .
on the'Of\'~ day of ~l<~ ' 19q...r-, at '1;O/).I7~
M., for a Prehearing 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~y the court, and to enter into a temporary order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
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FOR THE COURT:
BY:))"'-"" ../d."C's? {~I!
Custody Conc1liato1f'~l?-P
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 FOR'l'H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
{List All Personsl
{List All Addressesl
Apartment in camp Hill
1.
Unknown
2.
Mr. and Mrs.
Harry Shultz
143 S. 30th Street
camp Hill. PA
3.
Mother of Caroline
Rivera Best
Bt 26
Ext Santa Teresita
Ponce PR 00731
4.
Timothy Minnich
2643 Rumson Drive
Harrisburg. PA 17104
5.
Amy Geraldino
1514 Penn Street
Harrisburg, PA
6.
Unknown persons
Unknown address
7. William Best 1616 Liberty Street
Harrisburg, PA
8. William Best 1946 North Street
Harrisburg, Ph
9. William Best 107 Old York Road
Lot 408
New Cumberland, PA
10. Unknown persons 75 Bonny Brook Road
Lot 9
Carlisle, PA
11. Mother of Caroline Bt 26
Rivera Best Ext Santa Teresita
Ponce PR 00731
{Dates I
From the child's
birth to ?
3/1/90 to ?
Ft'om date unknown
to when the child
was 6 months old
? to 9/1/90
6 months old to
1 year and 1
month old
9/1/90 to 8/1/91
When the child
was 1 1/2 years
old to almost 2
years old
8/1/91 to 2/92
2/92 to 3/92
Caroline Rivera
Best lived with
several different
people for week-
ends with Tyler
4/92 to 5/92
6/92 to 1/93
1/93 to 11/93
11/93 to 2/94
2/94 to 6/94
13. William Best
107 Old York Road
Lot 408
New cumberland, PA
6280 carlisle Pike
Mechanicsburg, PA
E. The mother of the child is Caroline Rivera Best,
6/94 to 3/95
12. William Best
3/95 to present
currently residing at 6280 Carlisle pike, Lot 518, Mechanicsburg,
Pennsylvania 17055.
F. She is married.
G. The father of the child is Timothy A. Minnich, currently
residing at 2643 Rumson Drive, Harrisburg, pennsylvania 17104.
H. He is married.
4. The relationship of Plaintiffs to the child is that of
grandparents. The Plaintiffs currently reside at 1125 Eric Drive,
Harrisburg, pennsylvania 17110.
5. The relationship of Defendants to the child is that of
natural mother and natural father.
The Defendant, Caroline R.
Best, the mother of the child, currently resides at 6280 carlisle
pike, Lot 518, Mechanicsburg, Pennsylvania 17055 and Defendant,
Timothy A. Minnich, the father of the child, currently resides at
2643 Rumson Drive, Harrisburg, Pennsylvania 17104.
6. Plaintiffs have not participated as a party or witness,
or in another capacity, in other litigation concerning the custody
of the child in this or another court.
7. Plaintiffs have no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
B. Plaintiffs do not know of a person not a party to the
proceedings who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
9. The best interest and permanent welfare of the child will
be served by granting the relief requested because the child has
had substantial contact with the grandparents since the child's
birth. The grandparents have provided financial support as well as
care and nurturing. Further, the grandparents are afraid that if
the court does not grant the relief requested the natural parents
will cut off regularly scheduled visitation and partial custody
with the child in furtherance of verbal threats by the natural
parents. The grandparents have established a room for Tyler with
his own clothes, toys and books. The child is constantly moved
from daycare to daycare and can not establish any friendships with
children his own age. The only stability in the child's life is
that time when he is visiting with the Plaintiffs herein.
10. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action. All other
persons, named below, who are known to have or claim a right to
custody or visitation of the child will be given notice of the
pendency of this action and the right to intervene:
~ Address Basis of Claim
None None None
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2. LEGAL AND PHYSICAL CUSTODY.
Legal custody of Tyler shall be vested in Mother and
Father. primary physical custody of the child shall be vested in
Mother and shall reside physically with Mother.
3 . VISITATION.
Grandparents shall have visitation and shall be
allowed to take limited physical custody of the child based upon
the following schedule:
A. Every second Thursday evening beginning at 3100
p.m. until 9:00 p.m. Grandparents shall be responsible for picking
up Tyler at Mother's residence in Mechanicsburg and dropping off
the child at Mother's residence in Mechanicsburg. The responsible
parent or parents of Tyler shall be present when he child is picked
up and when he is dropped off. The drop off time for Tyler shall
be 8:30 p.m. once the child is attending sohooll
B. Every third weekend beginning with the weekend
of April 30, 1995. The weekend shall begin on Friday at 3:00 p.m.
with the Grandparents picking up Tyler at Mother's residence in
Mechanicsburg and shall end with the Grandparents dropping off
Tyler at Mother's residence in Mechanicsburg at 8:30 p.m. on
sunday. The responsible parent or parents of Tyler shall be
present when he is picked up and when he is dropped offl
C. The Grandparents shall be allowed to havs Tyler
for five (5) hours on christmas day, on the child's birthday,
Easter and Thanksgiving. Said time shall be mutually agreed to by
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the parties within two (2) weeks of the scheduled day mentioned in
this paragraph. If the holiday is rescheduled, grandparents shall
have Tyler for an overnight visit as close to the holiday as
possible beginning at 3:00 p.m. the night before and end at 8:00
a.m. the next morning.
D. The parties agree to amicably discuss and
attempt to schedule a visitation in the summer for a period not to
exceed five (5) consecutive days.
4. GENERAL CONDITIONS TO VISITATION AND PARTIAL PHYSICAL
CUSTODY.
A. The Grandparents shall oblige with the listing
of dietary intake and medical recommendations with respect to
approaches to behavior which has been set for the child.
B. written instructions shall be given to
Grandparents if the child is to be taking any kind of medication.
c. Mother and Father shall be allowed reasonable
telephone access to the child during Grandparent's visitations.
Further, Grandparents agree to contact Mother and Father if the
child becomes ill and or requires medical attention during the
child's visitation with Grandparents.
D. Grandparents agree not to take the child to the
physician without the express consent of either Mother or Father
unless, as in the sole discretion of Grandparents, a medical
emsrgency exists. If Grandparents take the child for medical
treatment, they shall immediately notify Mother and Father.
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E. Grandparents agree not to take the child to daycare
or for haircuts without the express consent of either Mother or
Father.
F. If any weekday, weekend or holiday needs to bs
rescheduled for any reason, the parties agree to resolve the
rescheduling in an amicable fashion as close to the scheduled date
and time as possible. If mother or father needs to reschedule a
weekday or weekend visitation for whatever reason, they agree to
provide at least two (2) weeks' notice of the date which will be
missed and shall at that time set a makeup date for the same as
close as possible to the missed date for visitation. Further,
Mother or Father shall not cancel two (2) consecutive scheduled
visitations.
G. Every attsmpt will be made by the grandparents to
contact the mother prior to picking up the child.
5. REPRESENTATIONS OF PARTIES.
A. Mother and Father shall provide home and work
telephone numbers for each of them in case Grandparents need to
contact either of them pursuant to this Agreement.
B. Mother or Father shall provide Grandparents with
Tyler'S physician's telephone number and medical insurance
information, and/or a copy of a welfare card and authorization
letter for treatment.
C. Tyler shall not be taken from Grandparents' home by
Grandfather to a main interior section of a mall, zoos or other
places where large groups of people congregate, excluding Chocolate
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world in Hershey, unless another competent adult is present.
6. ENTIRE AGREEMENT.
This Agreement constitutes ths entire understanding
between the parties, and there are no covenants, conditions,
representation or Agreements, oral or written, of any nature
whatsoever, other than those herein contained.
7. LEGALLY BINDING.
It is the intent of the parties hereto to be legally
bound hereby, and this Agreement shall bind the parties hereto and
their respective heirs, executors, administrators and assigns.
8. AGREEMENT VOLUNTARY AND UNDERSTOOD.
Each party to this Agreement acknowledges and
declares that he or she respectively:
(a) is fully and completely informed as to the facts
relating to the subject matter of this Agreement and as to the
rights and liabilities of both parties;
(b) Enters into this Agreement voluntarily after
receiving the advice of independent counsel, has knowingly and
voluntarily chosen to forego such consultation;
(c) Has given careful and mature thought to the making
of this Agreemsnt;
(d) Has carefully read each provision of this Agreement;
and
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