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HomeMy WebLinkAbout02-4263 The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. For the Court, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN C. GRAYBILL Plaintiff MICHELLE R. FOOSE Defendant NO. ~c~ - ~'o2 ~,3' Civil 2002 CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Brian C. Graybill, residing at 239 Cedar Avenue, Hershey, Dauphin County, Pennsylvania 17033. 2. The defendant is Michelle R. Foose, residing at 1603 Wyndam Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Zachary C. Graybill 1603 Wyndam Road 02/04/94 Camp Hill, PA The child was not born out of wedlock. The child presently is in the custody of defendant, who resides at 1603 Wyndam Road, Camp Hill, PA. During the past five (5) years, the child has resided with the following persons at the following addresses: Name Michelle R. Foose Scott Foose Michelle R. Graybill Brian C. Graybill Address 1603 Wyndam Road Camp Hill, PA 7246 Huntindon Street Harrisburg, PA 116 W. Roosevelt Avenue Middletown, PA Dates 1999-Present 1996 - 1999 1996 - 1999 The mother of the child is Michelle R. Foose, currently residing at 1603 Wyndham Road, Camp Hill, PA. She is married. The father of the child is Brian C. Graybill, currently residing at 239 Cedar Avenue, Hershey, PA. He is married. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: Name Relationship Brook Graybill Wife 2 resides with the ~llowing persons: Name Sco~ Foose 6. The relationship of defendant to the child is that of mother. Defendant currently Relationship Husband Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or in another court. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. from the time Zach was born, the parties shared in his caretaking. b. the parties' 1996 marital settlement agreement provides for shared physical custody. c. Zach's developmental needs will best be served by increasing the time he spends with his father. 8. 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. Wherefore, plaintiff requests the court grant him custody of the child. Date: 09/05/02 Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff 4 VERIFICATION I, Brian C. Graybill, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are tree. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Brian C. Graybill Date: BRIAN C. GRAYBILL PLAINTIFF MICHELLE R. FOOSE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4263 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Friday, September 13, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, October 14, 2002 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conf~ence. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN C. GRAYBILL : Plaintiff : .' v. : NO. 02-4263 : MICHELLE R. FOOSE : Defendam : CIVIL ACTION - CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaint for Custody. I certify that I am authorized to accept/-~--- service on behalf of Defendant Michelle R. Foose. ~ C~rles , ire'~ Date: September /~ ,2002 VICKI L. RHOADES, Plaintiff Vo JEFFREY L. RHOADES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4282 CIVIL TERM QRDER OF COURT AND NOW, this 12th day of September, 2002, after today's hearing we enter the following temporary order: 1. The parties shall have joint, legal custody of their children, Jonathan, Zachary and Sarah-Anne. 2. Mother shall have primary physical custody of the children subject to periods of partial physical custody in father as follows: A. Each Tuesday and Thursday evening for a couple of hours, as agreed upon between the parties. B. Every other weekend from Friday evening after school until Sunday evening when the father returns to his job in Maryland. 3. The parties are directed to proceed through the conciliation process, and this matter should be scheduled for conciliation at the earliest practical date. The conciliator should explore the possibility of family counseling with the children. Edward E. Guido, J. /~ax J. Smith, Esquire For the Plaintiff /Michael S. Travis, Esquire For the Defendant it BRIAN C. GRAYBILL, Plaintiff V. MICHELLE R. FOOSE, Defendant OC 200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4263 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this 2-~ ' day of o~,,- ,2002, upon consideration of the Custody Conciliation Summary Report and Order, it is hereby ordered and directed as follows: 1. Custody Evaluation. The parties shall submit themselves and their minor child to an independent custody evaluation to be performed by Dr. Arnold Shienvold, unless otherwise agreed. The cost of the evaluation shall be shared equally by the parties. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. The evaluator shall make the entire record of the evaluation available to counsel for both parties. 2. Following the completion of the report by the custody evaluation and within thirty (30) days of the receipt of said report by counsel, counsel for either party may request to reconvene the Custody Conciliation Conference by letter to the Conciliator. 3. In light of the parties' history of having been able to make custodial decisions together in an amicable fashion and their intent to participate in an evaluative process to assist them as parents in making a decision which is in the best interest of the child and their plan to return to conciliation rather than proceed directly to court, it is found that there is good cause shown to grant an extension of the one hundred eighty (180) day period within which the parties must request trial, pursuant to Pa. Rule C.P. 1915.4(b). 4. Pending further Order of Court, or an agreement of the parties the following interim custody schedule which is understood to be the status quo shall be in effect: NO. 02-4263 CIVIL TERM A. Legal Custody. Brian C. Graybill and Michelle R. Foose shall have shared legal custody of the minor child, Zachary C. Graybill, born February 4, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. 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 such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. B. Physical Custody. Physical custody shall be shared between the parties on a four (4) week rotating basis with Father having three (3) consecutive weekends followed by Mother having a custodial weekend. Father's weekend shall be from Friday after school until Sunday at 8:00 p.m., to commence October 11, 2002 as the first of his three (3) consecutive custodial weekends. Mother's next custodial weekend shall commence Friday, November 1,2002. 5. Transportation. The parties shall share transportation by the parent receiving custody providing transportation instant to the custodial exchange. 6. Holidays. A. Mother's Day / Father's Day. Mother's Day weekend shall be with Mother. Father's Day weekend shall be with Father. NO. 02-4263 CIVIL TERM B. Memorial Day / Labor Day / Independence Day. Memorial Day and Labor Day shall be enjoyed by the parent who has custody for the proceeding weekend. In the event that Independence Day falls on a Monday or Tuesday, Independence Day shall be enjoyed by the parent who has custody the preceding weekend. In the event that Independence Day falls on a Thursday or Friday, the holiday shall be enjoyed by the parent who has custody the subsequent custodial weekend. In the event Independence Day falls on Wednesday, the parent with custody shall have custody for Independence Day. C. Christmas. In even-numbered years, Mother shall have the period from Christmas Eve to Christmas morning. In odd numbered years, Father shall have the period from Christmas Eve to Christmas morning. The parties shall work out the specific details about the time for the custodial exchange to the parent who did not have Christmas Eve/Christmas morning part of the Christmas holiday. The parties will also work together to arrange holiday custodial time for that parent. The parent who has Christmas Eve shall also have New Year's Eve. D. Thanksgiving. Father shall have Thanksgiving every year in recognition of Mother's family tradition of celebration on the Sunday following Thanksgiving and in recognition of Father's tradition of going to deer camp on the Saturday following Thanksgiving. Dist: BY THE COURT: Theresa Barrett Male, Esquire, 513 N. Second Street, Harrisburg, PA 17101 Charles Rector, Esquire, 1104 Fernwood Avenue, Camp Hill, PA 17011 OCT $ 200 BRIAN C. GRAYBILL, Plaintiff V. MICHELLE R. FOOSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4263 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent litigation is as follows: NAME Zachary C. Graybill information concerning the child who is the DATE OF BIRTH February 4, 1994 subject of this CURRENTLY IN THE CUSTODY OF Mother 2. The parties were seen for a Custody Conciliation Conference on October 14, 2002 pursuant to Complaint filed by Father on or about September 10, 2002. Present for the Conference were: the Father, Brian C. Graybill, and his counsel, Theresa Barrett Male, Esquire; the Mother, Michelle R. Foose, and her counsel, Charles Rector, Esquire. 3. The parties reached an agreement which only confirms the status quo and provides for a custody evaluation followed up by an additional Custody Conciliation Conference. However the ultimate issue of the Father's request for a schedule of week-on week-off custody during the school year has not been resolved. 4. Father's position on custody is as follows: The parties provided for a shared physical custody arrangement at the time of their marital settlement agreement in 1996. That shared agreement continued until not quite three years ago. At the time the parties were carrying out shared physical custody, Father lived in Middletown and Mother worked in Middletown. However, when Father moved from Middletown to Hershey and Mother moved to Camp Hill, the arrangement changed. Father now wants to return to a 50/50 week-on week-off custody arrangement with the custodial exchange to occur on a weekend day. Father believes that the child is going to need more of his guidance as a father as he grows older. Father presently is actively participating in the child's extra curricular activities such as soccer and Cub Scouts. Father would like the child to have friendships with neighborhood NO. 02-4263 CIVIL TERM children in both his Mother's and Father's communities. Father has remarried and presently resides in Hershey with his new wife. He works 7:00 a.m. to 3:30 p.m. Monday through Friday. He does not work weekends except by choice. 5. Mother's position on custody is as follows: Mother is not opposed to the week- on week-off schedule which they have for summer and school breaks. She is not agreeable to have this sort of schedule during the school year. Mother reports that their present arrangement has been in place since about January 2002. She presently works for Allegheny Airlines in Middletown from 8:00 a.m. to 5:00 p.m. Monday through Friday. Mother has offered to extend Father's custodial weekends through Sunday overnight to Monday morning in an attempt to resolve this matter. Mother reports that Father and she have agreed on other schedules in the past and that she does not intend to keep Zach from his Father. However, she feels strongly that while he is in school, he has to have a primary place to come to. She mentions the child's need to be in his neighborhood with his friends. She also thinks that the commute from her home in Camp Hill to Hershey to see Father is "a lot for an eight year old." 6. Inasmuch as the parties have not reached an agreement for a custodial schedule for this child, they have agreed to participate in a custody evaluation and share equally in the cost. Following that evaluation, the parties have the option of returning to the Custody Conciliation prior to turning the matter over to the Court for a decision. Date Melissa Peel Greevy, Esquire Custody Conciliator :164280 BRIAN C. GRAYBILL, Plaintiff V, MICHELLE R. FOOSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4263 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY HESS, J. --- ORDER OFCOURT AND NOW, this /~*- day of August, 2003, upon consideration of the attached Custody Conciliation Summary Report and Order, it is hereby ordered and directed as follows: 1. Legal Custody. Brian C. Graybill and Michelle R. Foose shall have shared legal custody of the minor child, Zachary C. Graybill, born February 4, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not lirrlited to, all decisions regarding his health, education and religion. Pursuant to the terms Of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. 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 such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entit~led to full participation in all educational and medical/treatment planning meetings and eva uations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or e~tucational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to schooli pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 2. ~. Effective with the 2003-04 school year, physical custody shall be shared between the parties on a four (4) week rotating basis with Father having three (3) consecutive weekends followed by Mother having a custodial weekend. Father's weekend shall be from Friday after school until Monday morning. NO. 02-4263 CIVIL TERM 3. Summer. Commencing with the first weekend after the last day of school, the physical custody schedule shall be reversed from those terms described in Paragraph 2 above. Mother shall have three weeks of custody during the Summer to include her vacation time. Father shall have custody the balance of the Summer school recess. Vacation shall take priority over the regular Summer schedule. Of the remaining Summer weekends, Mother shall have 75% and Father shall have 25%. The parties will work out the specific arrangements for these weekends between themselves. 4. Holidays. A. Mother's Day / Father's Day. Mother's Day weekend shall! be with Mother. Father's Day weekend shall be with Father. B. Memorial Day / Labor Day. Each parent shall be entitled to custody for either the Labor Day weekend or the Memorial Day weekend each year. The parties shall coordinate between themselves annually which weekend they will enjoy. C. Christmas. In even-numbered years, Mother shall have the period from Christmas Eve to Christmas morning. In odd numbered Years, Father shall have the period from Christmas Eve to Christmas morning. The parties shall work out the specific details about the time for the custodial exchange to the parent who did not have Christmas Eve/Christmas morning part of the Christmas holiday. The parties will also work together to arrar~ge holiday custodial time for that parent. The parent who has Christmas Eve shall also have New Year's Eve. D. .Thanksqiving. The parties shall alternate the Thanksgiving holiday annually with Father having custody for the holiday in odd-numbered years and Mother having custody for the holiday in even-numbered yeai's. The custodial period for this holiday shall be from the Wednesday after school until Friday following Thanksgiving. E. .Easter. The parties shall coordinate with each other to share custodial time over the Easter school break as they may agree. Dist: BY THE COURT: / ,,~,' . ess, J. V~...~_.,e. sa~ar.rett _Male,. Esquire, 513 U. Second StreW, Harrisburg, PA 17101 /~,~.~,e,s.~c~squ,re, 1104 Femwood Avenue, Camp Hill, PA 17011 BRIAN C. GRAYBILL, Plaintiff V. MICHELLE R. FOOSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4263 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: .NAME Zachary C. Graybill DATE OF BIRTH February 4, 1994 CURRENTLY IN THE CUST(~DY OF Mother 2. The parties were seen for a Custody Conciliation Conference on August 8, 2003 which was scheduled pursuant to the request of counsel following the receipt of Dr. Shienvold's custody evaluation. Present for the Conference were: the Father Brian C. Graybill, and his counsel, Theresa Barrett Male, Esquire; the Mother, Michelle R. Foose, and her counsel, ChaHes Rector, Esquire. 3. The parties reached an agreement in the for~'~rder as attachedl. Melissa Peel Greevy, Esquire[ Custody Conciliator :217023