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HomeMy WebLinkAbout96-00433 J D' 8\ \ :.;' ~ ,,:~J.J J o d ,- c:; ~ . -? ~ F J' r<)j ~I , ~ v , .' o z I , ! " : , JAMES D. BOOAR ATTOIINEY AT LAW JAMES 0, nOOAIl ANDIlEW C, SIlEELY ONE Wl!.ST MAIN STlumr SIlIIIEMANSTOWN, PENNSYLVANIA 17011 January 25, 1996 Thomas Cheffins, Court Administrator Cumberland County Courthouse 1 Courthouse Square Fourth Floor Carlisle, PA 17013 RE: Darcy v. Knaub IIAt-! .,.f .\J ., 1_ ,.' ,'-,-." I 'w'V"" TELBPIIONE (717) 707-0761 TELECOPIER (717) 707-g086 Dear Tom: Enclosed please find several Custody Complaints and Stipula- tions and Agreements concerning the above-referenced matter. Kindly forward the enclosed stipulation and Agreements to the Court for obtaining an Order. Upon obtaining the Orders, they can be returned to the Prothonotary for filing and mailing. There is no need to schedule a conciliation conference due to the enclosed the stipulation and Agreement. Envelopes for the Court Order and stipulation are enclosed herewith. Please contact me if you have any questions. Very truly yours, ~(!. ANDREW C. SHEELY ACS/as Enclosures c: John C. Darcy, III '"'''.''' ......,,_,L.-,."',r JOHN C. DARCY, III, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 96 - Y.D c....w T.u.- . . . . vs. . . . . MAt{IE Y. KNAUB, Defendant ORDER OP COURT AND NOW, Je""^""1 :', I, , 1996, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel ap ear before; \I'\" 5(..') n - ~ . , the conciliator, at' '." .1 <~ '.1 . 1 on the ~!\th day of I-rl,(IA"{'/ , 1996, at; .(>-> 0'C10ck:[t.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 by 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 temporary or permanent order. FOR THE COURT, -LJb J {i E~ By: 1 v-1'1 - {' oJ1.M ,.1 (O' Custody Conciliator I' ) The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For informa- tion about accessible facilities and reasonable accommodations avail- able 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. IP YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO PIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse CarliSle, Pennsylvania 17013 (717) 249-6200 . ~.:....... j ~,:J ....-0.., 1.- . JOHN C. DARCY, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 96 - '133 C;;., ~~ vs. MARIE Y. KNAUB, Defendant COMPLAINT POR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is John C. Darcy, III, residing at 310 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Marie Y. Knaub who presently resides at 857 Alvin street, Hanover, York County, Pennsylvania, 17331. 3. Plaintiff seeks primary physical custOdy of the following childl Megan R. Knaub, D.O.B. 04/07/95. The child was born out of wedlock and is presently in the custody of Marie Y. Knaub, Defendant. Since birth, the child has resided in various locations with mother in various different counties, including Cumberland County, with mother and her family and friends. The natural mother of the child is Marie Y. Knaub. The natural father of the child is John C. Darcy, III. 4. The relationship of Plaintiff to the child is that of father to daughter. The Plaintiff currently resides with thA following persons: None. 5. The relationship of Defendant to the child is that of Mother to daughter and Mother currently resides with a friend, Terry Smiley. 6. 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 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. Plaintiff and Defendant have reached a mutual and consensual agreement concerning the custody of the child, Megan R. Knaub, and are simultaneously filing such agreement with the Court of Common Pleas of CUmberland County, Pennsylvania, with this custody complaint. 8. Plaintiff can provide the minor child, Megan R. Knaub, with a suitable, stable, helpful and proper environment, and is a fit parent who can take care of the child on a regular and consistent basis. 9. 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, John C. Darcy, III, Plaintiff herein, requests that this Honorable Court grant primary legal and physical custody of the minor child, Megan R. Knaub, to John C. Darcy, III, in accordance with the Stipulation and Agreement being filed simultaneously with this custody Complaint. Date: January 25, 1996 ~ c .1J'r.uJy Andrew C. Sheely, Esquire Attorney for Plaintiff 2 I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. ~4?~- ~hn C~II J v1 ~ g ~ D ..; yj '7' .,.. '" .... [ ~ ~ co t-: ("J ,.' (~ . ,~ ~n :':),.... .... .. ('7: ~ " ~).:.. \.... . .,.- 1-: ,.: "- :.... <,)( ; ~.~ ;<! ot ..~ ,f) >~ .:, UJL.;- N .I r;:t' I - ' , L . . . ..l r. ~ C-:~ -, .', ,C ::'~ 0 .) r..O' U ~ ~ I' 5 . JOHN C. DARCY, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY I. I I va. MARIE Y. KNAUB, Defendant 96 - .,:JJ 6...J r;..- ORDER OF COURT , 1996, upon consideration of the hereby directed that the parties and their before AND NOW, attached Complaint, it is respective counsel appear the conciliator, at on the day of , 1996, at o'clock___.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 by 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 temporary or permanent order. 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 informa- tion about accessible facilities and reasonable accommodations avail- able 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. Court Administrator Fourth Floor Cumberland county Courthouse carlisle, Pennsylvania 17013 (717) 249-6200 JOHN C. DARCY, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 96 - <f.33 c..;u ~..... vs. MARIE Y. KNAUB, Defendant COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is John C. Darcy, III, residing at 310 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Marie Y. Knaub who presently resides at S57 Alvin Street, Hanover, York County, Pennsylvania, 17331. 3. Plaintiff seeks primary physical custody of the following child: Megan R. Knaub, D.O.B. 04/07/95. The child was born out of wedlock and is presently in the custody of Marie Y. Knaub, Defendant. Since birth, the child has resided in various locations with mother in various different counties, including Cumberland County, with mother and her family and friends. The natural mother of the child is Marie Y. Knaub. The natural father of the child is John C. Darcy, III. 4. The relationship of Plaintiff to the child is that of father to daughter. The Plaintiff currently resides with the following persons: None. 5. The relationship of Defendant to the child is that of Mother to daughter and Mother currently resides with a friend, Terry Smiley. 6. 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 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. Plaintiff and Defendant have reached a mutual and consensual agreement concerning the custody of the child, Megan R. Knaub, and are simultaneously filing such agreement with the Court of Common Pleas of Cumberland county, Pennsylvania, with this custody complaint. 8. Plaintiff can provide the minor child, Megan R. Knaub, with a suitable, stable, helpful and proper environment, and is a fit parent who can take care of the child on a regular and consistent basis. 9. 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, John C. Darcy, III, plaintiff herein, requests that this Honorable Court grant primary legal and physical custody of the minor child, Megan R. Knaub, to John C. Darcy, III, in accordance with the stipulation and Agreement being filed simultaneously with this custody Complaint. Date: January 25, 1996 1-ht~vJ C. ~~ Andrew C. sheely, Esquire Attorney for Plaintiff 2 '-.' o .' I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. .d~~ ;.fohn c.. Darc , III JOHN C. DARCY, III, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUI1BERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - CUSTODY 96 - "n Cu.;.t .,- h- MARIE '{. KNAUB, Defendant ORDER OF COURT AND NOW, attached Complaint, it is respective counsel appear the conciliator, at on the day of , 1996, at o'clock .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 by 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 temporary or permanent order. , 1996, upon consideration of the hereby directed that the parties and their before 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 informa- tion about accessible facilities and reasonable accommodations avail- able 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. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 249-6200 JOHN C. DARCY, III, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY MARIE Y. KNAUB, Defendant 9 6 - 'I '3.3 C<..:t T..t.-- COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is John C. Darcy, III, residing at 310 S. Market street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Marie Y. Knaub who presently resides at 857 Alvin Street, Hanover, York County, Pennsylvania, 17331. 3. Plaintiff seeks primary physical custody of the following child: Megan R. Knaub, D.O.B. 04/07/95. The child was born out of wedlock and is presently in the custody of Marie Y. Knaub, Defendant. Since birth, the child has resided in various locations with mother in various different counties, including Cumberland County, with mother and her family and friends. The natural mother of the child is Marie Y. Knaub. The natural father of the child is John c. Darcy, III. 4. The relationship of Plaintiff to the child is that of father to daughter. The Plaintiff currently resides with the following persons: None. 5. The relationship of Defendant to the child is that of Mother to daughter and Mother currently resides with a friend, Terry Smiley. 6. 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 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. Plaintiff and Defendant have reached a mutual and consensual agreement concerning the custody of the child, Megan R. Knaub, and are simultaneously filing such agreement with the Court of Common Pleas of Cumberland County, Pennsylvania, with this custody complaint. 8. Plaintiff can provide the minor child, Megan R. Knaub, with a suitable, stable, helpful and proper environment, and is a fit parent who can take care of the child on a regular and consistent basis. 9. 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, John C. Darcy, III, Plaintiff herein, requests that this Honorable Court grant primary legal and physical custody of the minor child, Megan R. Knaub, to John C. Darcy, III, in accordance with the stipUlation and Agreement being filed simUltaneously with this Custody Complaint. Date: January 25, 1996 ;--hL'LvJ c, '3~ Andrew C. Sheely, Esquire Attorney for Plaintiff 2 I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904 relating to unsworn falsification to authorities. ~A2~/>L ~ohn C. Dar~III JOHN C. DARCY, III, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 96 - ~H e~ U.- VB. MARIE Y. KNAUB Defendant ORDER 01' COURT the attached r ..YO'~ stipulation and Agreement is hereby made an Order of AND NOW, this , 1996, Court. J. Andrew C. Sheely, Counsel for Plaintiff c..e tj'. ~<l ty><A.....r...A <}./ s Jq (" . ...&. fl. Marie Knaub, Pro se Defendant Vir~I/\""I,' <' T .'~c I ;.!1,,-'i.'..~ ,." r-, - ""\'-''') \1 ... ".J~. , !::.., :,j ;.~ L ~1:6 ! l'J ,.. - ., ) ".: , . 1....__.... 1\'\1' ("" I\~W.........,., v ~. _.) '.'-'.1' I I ;.11.....;......; ......~ ~ JOHN c. DARCY, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - CUSTODY MARIE Y. KNAUB, Defendant 96 - 'I 3~ CIVIL TERM CUSTODY STIPULATION AND AGREEMENT 2.c"H,.. THIS AGREEMENT AND STIPULATION entered into this J day of January, 1996, by and between Marie Y. Knaub (hereinafter referred to as "Mother") and John C. Darcy, III, (hereinafter referred to as "Fath- er"). WHEREAS, the parties are the natural parents of Megan R. Knaub D.O.B., April 7, 1995 (hereinafter referred to as the "child")~ and WHEREAS, Mother is the natural mother of the aforenamed child and Father is the natural father of the aforenamed child~ and WHEREAS, the parties live in separate residences and are not married~ and WHEREAS, the parties wish to enter into an Agreement and stipUla- tion relative to custody and partial custody of the child~ and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: (1) Mother and Father shall have shared legal custody of the child. (2) Father shall have primary physical custOdy of the child. ~ (3) Mother and Father agree that Mother shall have periods of partial physical custody on the following basis: (a) On an alternating weekend basis, commencing at 6:00 p.m. on Thursday evening and continuing until Saturday evening at 6:00 p.m.1 and (b) During the Christmas Holiday, beginning at 12:00 p.m. on Christmas Eve and continuing until 8:00 p.m. on Christmas Eve during even numbered years, and at 8:00 p.m. on Christmas Eve until 12:00 p.m. on Christmas Day during odd numbered yearsl (c) During the Thanksgiving Holiday, beginning at 9:00 a.m. on Thanksgiving Day and continuing until 3:00 p.m. on Thanksgiving Day I (d) During the Easter Holiday, beginning at 6:00 p.m. on the day before Easter Day and continuing until 12:00 p.m. on Easter Day during even numbered years, and beginning at 12:00 p.m. and continuing until 6100 p.m. during odd numbered yearsl (e) It is the intent of the parties to share physical custody of the child on each of the Holidays set forth above. In the event Mother's alternating custody period would occur on a Holiday, the parties agree that the alternating custody period shall be modif- ied to conform with Holiday contact period as set forth above. (f) Mother shall have a period of temporary partial custody as a summer vacation with the child. The period shall not exceed fourteen (14) days. In the event Mother desires partial custody with the child as a summer vacation, she shall provide Father with notice of such intention within thirty (30) days of the requested time period and submit such notice in writing to Father prior to June 1 of the appropriate year. In the event Mother does not provide such notice to Father prior to June 1 of the appropriate year, Father, at his option, may refuse to grant Mother partial custody in accordance with this paragraph. Mother shall remain responsible for all expenses incurred by child during his summer vacation and shall provide Father with all telephone numbers where the child can be reached during such period. (h) In addition to the dates and times set forth above, the child shall always spend Mother's Day with Mother and Father's Day with Father. Mother and Father agree that custody with child shall commence at 9:00 a.m. and end at 8:00 p.m. on such day. Likewise, the child shall always spend Mother's birthday with the Mother 2 from May 19 at 6:00 p.m. through May 21 at 6100 p.m. and the child shall always spend Father's birthday with Father from 6:00 p.m. on December 31 though January 1 at 6100 p.m. (i) And any other times as the parties may agree. (3) Mother and Father shall share transportation as agreed upon by the parties. (4) The parties will keep each other immediately advised to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is always protected. The parties shall provide each other with all home and work telephone numbers, as well as current addresses for the residence of the child. Both parties further agree to allow each other to speak with the child at any and all reasonable times as set forth below. (5) Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. (6) Mother and Father agree that each shall communicate to each other through one-another whenever possible in accordance with the terms set forth in this Agreement and that they shall not use child as a liaison to communicate with each other as to oral modifications of this Agreement and stipulation. (7) Mother and Father agree that there shall be reasonable teleph- 3 one access between the child and the non-custodial parent. The parties agree to endeavor to place telephone calls to the child between 7:00 and 8100 p.m., so as not to interfere with dinner or bedtime. (8) Any modification or waiver of any of the provisions of this shall be effective only if made in writing and only if executed with the same formality as this Agreement and stipulation. In the event any Court deems this Agreement and stipulation unenforceable due to changed or unforseen circumstances, such decision shall have no effect on the remaining portions of the Agreement and stipulation. (9) The parties agree that any Court of competent jurisdiction may enforce or modify relevant portions of this Agreement and stipUlation. The parties further acknowledge that either party may petition any Court with appropriate jurisdiction over the child should circumstances change and either party desire modification of this Agreement and stipulation. (10) This Agreement and stipulation shall be construed under the laws of the Commonwealth of pennsylvania. Enforcement of this Agreement and stipulation for any material reach shall be governed by 23 Pa. C.S.A. section 3105, as well as any legal or equitable action authorized by law. (11) Father and Mother acknowledge that Andrew C. Sheely, Esquire, is counsel for Father and that Mother is presently unrepresented. The parties further acknowledge that they fully understand the legal effect 4 . . of the within stipulation and Agreement and have fully reviewed the .ame in it. entirety prior to execution of this stipulation and Agree- ment. Furthermore, both parties acknowledge that their execution of this Agreement and stipulation has been done voluntarily and knowingly and that their execution is not the result of any duress, undue in- fluence, fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. (12) Father and Mother acknowledge that either party may move for a modification of this Agreement and the Order of Court by filing a Petition for MOdification or any other document for the pUrpose of changing this stipulation and Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ,""'SSQ~ -~y l",\i>" i_di...n It ( (j <i~( ajJj ~ Marie . Kn'aub ~ l-a.~.qlr.sEAL) - S -10 (SEAL) arcy, III 5 . -.A' . ~ .: ~ .:r ~~,. ..: N ::J..... q ~m (.~::.) z: \ ,..': 0- ;':'. ;""'-j ~C ~ >.. ,-'-. '0 '.' ~"l UjL..:.. ('.) " Ef'-" .. . ~JJ :E ,. ..... ;::: -.'J -" ,,- I.:" ::... 0 L-' U ;111 ... .... ~ ... i ~' ! J, l ~ i~~, !l ~I t: cl~ . . .0: ~! ~ . 2l it, 1i,~": t-lll. ~ ~'~' t i J ~ ~ i i U~i . J,cf, ~J . . t.) >0 ~ III i . '. ~ " . . MAR 1 5 1999; , 0- , . JOHN C. DARCY, III, Plaintiff IN THE CXIlJRT OF COOMOO PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-433 CIVIL TERM MARIE Y. KNAUB, Defendant CIVIL ACTlOO - LAW CUSTODY amBR OF CXXlRT Of~ ....... AND NCM, this t'1 day , 1999, upon consideratioo of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order dated February 2, 1996 is vacated and replaced with this Order. 2. The Mother, Marie Y. Smiley (formerly Knaub) and the Father, John C. Darcy, III, shall have shared legal custody of Megan R. Knaub, born April 7, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-ernergency decisions affecting the Olild's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The parties shall share having physical custody of the Child on an alternating weekly basis with the exchange of custody to take place each week on SUnday at 6:00 p.m., with the exception of the first week which begins with the Mother having custody of the Child on Saturday, March 6, 1999 at 6:00 p.m. The Father's rights to custody under this Order shall be exercised by the Father's fiancee, Ginger Deslaurier, as long as the Father is either engaged or married to Ginger Deslaurier. The alternating weekly custody schedule shall continue in effect until such time as the Child begins kindergarten, at which time the parties agree that the Child shall be enrolled in the school district in which the Father resides. 4. The parties shall share or alternate having custody of the Child on holidays as arranged by mutual agreement of the parties. 5. The party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. The parties shall keep each other imnediately advised as to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health and well-being of the Child is always protected. The parties shall provide each other with all home and work telephone nunbers, as well as current addresses for each of the parties. -~<.........-_\ f': .. ~ ~,b_-:...:M.. ') 7. Neither party shall do or say anything which may estrange the Child fran the other party, injure the opinion of the Child 88 to the other party, or ~r the free and natural development of the Olild's love and respect for the other party. The parties shall ensure that all third parties in the hearing and presence of the Child comply with this provision. 8. 'l11e parties shall ensure that the Child has reasonable telephone contact with the non-custodial party. 9. This Order is entered pursuant to an agreement at a CUstody Conciliatioo Conference. 'l11e parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. ./ BY THE CXXJRT, ,I '--"--4 fA / / J. " / / , ')A.VJIt'C:. /n~\L<<l Jlnf;., '::lit) cc: Austin F. Grogan, Esquire - Counsel for Father Marie Y. Smiley, Mother CU"..,.,., '. ,.'IUNfl'( 1\1~t:rlP_'.~' I...A.,; P::Ni~SY0/N~I^ .. RLED-OfFIC€ OF n-:'- !':l~Il'CI:OTARV 99 t1Ml 11 PH 2: 33 .. ,1',\" ~...;..~;,,:-.~ JOHN C. DARCY, III, Plaintiff IN THE COURT OF CXlMMOO PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-433 CIVIL TERM MARIE Y. KNAUB, Defendant CIVIL ACTION - LAW CUS'roOY PIU(R JUDGB: Gecrge B. IIoffer ammY <XH:ILIATION SlJlMARl( RBPmT IN AaDlDANCB wrm cnmBRLAND aumr RlJLB Ol! CIVIL PROCIlIXlRB 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 DAm Ol! BIRm aJRRml'LY IN ammY Ol! Megan R. Knaub April 7, 1995 Father's fiancee 2. A Conciliation Conference was held on March 4, 1999, with the following individuals in attendance: The Mother, Marie Smiley (formerly Knaub), who was not represented by counsel, and Austin F. Grogan, Esquire, counsel for Father. The Father, John C. Darcy, III, is currently incarcerated and was therefore unable to attend the Conference. The Father's fiancee, Ginger Deslaurier participated in a part of the Conference. 3. The Court previously entered an Order on February 2, 1996 reflecting the parties' agreement that the Father have primary physical custody of the Child and the Mother have partial physical custody on alternating weekends and at other times specified in the Order. The Child has resided with the Father and his fiancee for approximately one year and with the Father prior to that since entry of the Order in February 1996. The Father was incarcerated for insurance fraud on February 1, 1999 and filed this Petition for modification to address the custody issue pending his unavailability. The Father and his fiancee, Ginger Deslaurier, plan to be married in two weeks. To their credit, the Mother and the Father's fiancee get along well and were able to cooperate in establishing custody arrangements which are in the best interest of the Child under these unusual circumstances. Although the Father was not able to attend the Conference, his interests were represented by his counsel, Austin F. Grogan, Esquire. 4. The parties agree to entry of an Order in the form as attached. m(Uu-- ~. /fj9CJ ct;~~~ Date . Dawn s.Sunday, Esquire CI Custody Conciliator ~ ~ w. p q' f,J: ~r' )~ J"Jl.;:. dll U':J 1- 'I,. o c.o (...... i~ r; :'. J \"-):~ " ',: ('1.: .., .' ,(OJ) ,., r",. r.i:u .....':;{L :"'-:'J C) <'-J <'-J ~-~ ...~ ..:) cr. ... Ul 00: Iol ~ p.. ~ ~ Z >< .... ., >< 000: l::l .... I:: l&. ~p.. 0 .... III H Eo< .., 'tl l::l o . Ul HI:: I:: 0 'll~ !~~ U>< :r ::> H.... ClJ :r Eo< I>: U Hill .... ~~~~~ l'-Z Iol ... . . ClJ 0 0::> Eo< I .p.. > ~l::l Eo< ~ ~;I" 0 >< ::> Eo<U ~ Z U 00: Z Z g_ . t: l>: H 0 I>: Z 0 ~ t:>l::l > H 00: I<: H OZ H Eo< l::l Eo< UOO: U U . H ~ 00: >< Eo< loll>: l'l U Iol :I:1ol ", ~ Iol p.. Eo<~ '<l' H Z H zS I > :I: I>: <0 H 0 ~ HU 0\ U ..., {".rllil ,cr ,Y;'(!ya/I , .JAIII ~. ,9!-1~ .~ \ I.y ., JOHN C. DARCY, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA v. 96-433 CIVIL TERM MARIE Y. KNAUB, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this ':}'i:S day of \ ~y,(,+ 1991, upon consideration of the attached Petition to Modify, it is hereby directed that the parties and their respective counsel appear before t'n..Jr\ \,"-...nr\("~.the conciliator, at ~ W. HeM" \\)-\fllmlL-tln"'J. PA, the 3 day of Mere \-.- , 1999, at 3A.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 by the court and to enter in to a temporary order, Either party may bring the child/children who is/are the subject of the custody action to the conference, but the child's/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, By: ,-tS,nH'i\\ J\ J\ll'1\r\n~ Custody Conciliator I >) 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, OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 JOHN C, DARCY, III, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA 96-433 CIVIL TERM MARIE Y. KNAUB, Defendant CIVIL ACTION - CUSTODY PETITION TO MODIFY AND NOW, this..2l.a... day OffJ'Lu.a-~, 1999 the Plaintiff, 10hn C. Darcey, m, by and through his aUomey, Austin F, Grogan, Esquire, avers the following: 1. The Plaintiff, 10hn C, Darcey, III, is the natural father of the parties' minor child, Megan R. Knaub, D,O.B.,April 7,1995; 2. The Defendant Marie Y. Knaub-Smiley, a.k.a Marie Y Knaub, is the natural mother; 3. The parties entered into an agreement on or aboutlanuary 25, 1996 awarding primary custody of the parties' minor child to the Plaintiff/Father, 10hn C, Darcey, III, (copy of stipulation agreement enclosed herein); 4. The Plaintiff is scheduled for sentencing in the near furture, which may result in incarceration in Cumberland County and in York County, WHEREFORE, the Plaintiff respectfully requests this Court to order a custody conference to address the issue of custody during his possible periods of incarceration. Date~~'l ,.,.,l uire i..~...~.<- _ - ( JOHN C. DARCY, III, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . CIVIL ACTION - CUSTODY . MARIE Y. KNAUB 96 - '-133 ~~"rr.i..__ Defendant ORDER OF COURT AND NOW, this .2""J.. day of .::J -,1-. , 1996, the attached Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, l.:sf Ji,"^'8" ~ ~....J J. Andrew C. Sheely, CoUnsel for Plaintiff Marie Knaub, Pro se Defendant TRUE Copy FROM RECORD In T..,.,;",",, /""", h ' ", ""'. Ere unt" SIlt my hand and the St;al of SJid (OUIi at Car/hIe, Pa, Th' .:t{. 15.,5:.."".... duy of ."..3i~ 11... 19. 01 ..........,......~~. /:. ~'.".""..,:., ,.tIC, ..... 'r. <-<-dA.I:UL' . . ............. .rrt'{J.....--......... a(:\ ,Prolhonotaty JOHN C. DARCY, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - 96 - 'I.3J r.' . -. :""I CU~Oo'f ~~: -:~. .. --: . .~..,:n ~IVIL,':tlE~,:3 . _; C'~ ,-:J :.: -, ..;:~ :"'. :0-1"\ :0 .-,111 I.... _, MARIE Y. KNAUB, Defendant CUSTODY STIPULATION AND AGREEMENT , , ~'.~ ::~ -, day of : .;.", 25H,. THIS AGREEMENT AND STIPULATION entered into this January, 1996, by and between Marie Y. Knaub (hereinafter referred to as "Mother") and John C. Darcy, III, (hereinafter referred to as "Fath- er"). WHEREAS, the parties are the natural parents of Megan R. Knaub D.O.B., April 7, 1995 (hereinafter referred to as the "child"); and WHEREAS, Mother is the natural mother of the aforenamed child and Father is the natural father of the aforenamed child; and WHEREAS, the parties live in separate residences and are not married; and WHEREAS, the parties wish to enter into an Agreement and Stipula- tion relative to custody and partial custody of the child; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: (1) Mother and Father shall have shared legal custody of the child. (2) Father shall have primary physical custody of the child. (3) Mother and Father agree that Mother shall have periods of partial physical custody on the fOllowing basis: (a) On an alternating weekend basis, commencing at 6:00 p.m. on Thursday evening and continuing until Saturday evening at 6:00 p.m.; and (b) During the Christmas HOliday, beginning at 12:00 p.m. on Christmas Eve and continUing until 8:00 p.m. on Christmas Eve during even numbered years, and at 8:00 p.m. on Christmas Eve until 12:00 p.m. on Christmas Day during odd nUmbered years; (c) During the Thanksgiving HOliday, beginning at 9:00 a.m. on ThanksgiVing Day and continuing until 3:00 p.m. on Thanksgiving Day; (d) During the Easter HOliday, beginning at 6:00 p.m. on the day before Easter Day and continUing until 12:00 p.m. on Easter Day during even numbered years, and beginning at 12:00 p.m. and continuing until 6:00 p.m. during odd numbered years; (e) It is the intent of the parties to share physical custody of the child on each of the Holidays set forth above. In the event Mother's alternating custody period would occur on a HOliday, the parties agree that the alternating custody period shall be modif- ied to conform with Holiday contact period as set forth above. (f) Mother shall have a period of temporary partial custody as a summer vacation with the child. The period shall not exceed fourteen (14) days. In the event Mother desires partial custody with the child as a summer vacation, she shall provide Father with notice of such intention within thirty (30) days of the requested time period and SUbmit such notice in writing to Father prior to June 1 of the appropriate year. In the event Mother does not provide such notice to Father prior to June 1 of tha appropriate year, Father, at his option, may refuse to grant Mother partial custody in accordance with this paragraph. Mother shall remain responsible for all expenses incurred by child during his summer vacation and shall provide Father with all telephone numbers where the child can be reached during such period. (h) In addition to the dates and times set forth above, the child shall always spend Mother's Day with Mother and Father's Day with Father. Mother and Father agree that custody with child shall commence at 9:00 a.m. and end at 8:00 p.m. on such day. Likewise, the child shall always spend Mother's birthday with the Mother 2 . " from May 19 at 6100 p.m. through May 21 at 6:00 p.m. and the child shall always spend Father's birthday with Father from 6:00 p.m. on December 31 though January 1 at 6:00 p.m. (i) And any other times as the parties may agree. (3) Mother and Father shall share transportation as agreed upon by the parties. (4) The part1es will keep each other immediately a~vised to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is always protected. The parties shall provide each other with all home and work telephone numbers, as well as current addresses for the residence of the child. Both parties further agree to allow each other to speak with the child at any and all reasonable times as set forth below. (5) Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. (6) Mother and Father agree that each shall communicate to each other through one-another whenever possible in accordance with the terms set forth in this Agreement and that they shall not use child as a liaison to communicate with each other as to oral modifications of this Agreement and stipulation. (7) Mother and Father agree that there shall be reasonable teleph- 3 e one access between the child and the non-custodial parent. The parties agree to endeavor to place telephone calls to the child between 7:00 and 8:00 p.m., so as not to interfere with dinner or bedtime. (8) Any modification or waiver of any of the provisions of this shall be effective only if made in writing and only if executed with the same formality as this Agreement and stipulation. In the event any Court deems this Agreement and stipulation unenforceable due to changed or unforseen circumstances, such decision shall have no effect on the remaining portions of the Agreement and Stipulation. (9) The parties agree that any Court of competent jurisdiction may enforce or modify relevant portions of this Agreement and Stipulation. The parties further acknowledge that either party may petition any Court with appropriate jurisdiction over the child should circumstances change and either party desire modification of this Agreement and Stipulation. (10) This Agreement and stipulation shall be construed under the laws of the Commonwealth of Pennsylvania. Enforcement of this Agreement and Stipulation for any material reach shall be governed by 23 Pa. C.S.A. Section 3105, as well as any legal or equitable action authorized by law. (11) Father and Mother acknowledge that Andrew C. Sheely, Esquire, is counsel for Father and that Mother is presently unrepresented. The parties further acknowledge that they fully understand the legal effect 4 f,-' , 0 , . of the within Stipulation and Agreement and have fully reviewed the same in its entirety prior to execution of this Stipulation and Agree- ment. Furthermore, both parties acknowledge that their execution of this Agreement and Stipulation has been done voluntarily and knowingly and that their execution is not the result of any duress, undue in- fluence, fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. (12) Father and Mother acknowledge that either party may move for a modification of this Agreement and the Order of Court by filing a Petition for Modification or any other document for the purpose of changing this stipulation and Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. LdJ7 1 Ll (I 01 fll i r Marie ~9 Kn'aub ~\r ~'t' ________, ..!LL. '~ohn C~rcy, III 1-(y.S-GhsEAL) I -,;1;5 -~" (SEAL) 5 @) .1}, ~. "~ ~ ~ ~ ..... ~ t... l.LI!~ ( )~.: t~- ~. :. i:~! :, .l l."'. L.,t,JI... C)"~ . Lori. " L' ~ :.3.( I);... ~~l >. ::, o;! :;.orlJ :, (-, It:;..:. "I,U !!In. ~ U '1 ~ li r;:- .::r ('1 N ~ ,~ ,.., -I ::.:J .. m C1' III < l<l ...:I llo ~ - ... .... Z >- ... I': 0< c:l .... III ~llo 0 .... 'C Z E-o ' I:: I': o ' III H.... CII 0 '8~I~~ 0>- :c P Hnl .... H E-o P: 0 Hr-l . CII E-o ~~~~~ lLoZ l<l llo > 'c:l < OD E-o , III ...:I 0 >- P P !~d~ E-oU ...:I Z 0 < llo H P: H 0 P: Z E-o PO > H < to:: OZ H E-o c:l III 0< 0 0 . .:l < . >- l<ll>: l'l 0 :1:101 l'l ...:I III E-olll ..,. H Z H Z~ I > tc P: 10 H 0 ~ HU Ol 0 '" I / .. ..." .. : . . ~ll""II/1 ,CT //r(ty(l/I . . ' )ll rr : JOHN C. DARCY, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 96-433 CIVIL TERM v. MARIE Y. KNAUB, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this ll.'\day Of~, 1999 upon consideration of the attached Stipulation it is hereby ordered and directed as foHbws: 1. Mother and father shaH have shared legal custody of said child in that each parent shaH have an equal right, to be exercised jointly with the other parent, to make aH major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion; 2. The parties shaH share physical custody of the child on an alternating schedule; 3. The father's rights to custody shall be exercised by the father's fiancee, Ginger Deslaurier, as long as the father is either engaged or married to Ginger Deslaurier; 4, The exchange of custody shall take place when the mother and/or stepfather picks up the child on Wednesday at 6:00PM and the father and/or Ginger Deslaurier picks up the child on Saturday at 6:00PM; 5. The alternating custody schedule shall continue in effect until such time as the child begins school, at which time the parties agree that the child shall be enrolled in the school district in Which the father resides; . ' 0 " o " 6. The parties shall share or alternate having custody of the child on holidays as arranged by mutual agreement of the parties; 7. The party receiving custody of the child shall be responsible to provide transportation for the exchange of custody; 8, The parties shall keep each other immediately advised as to any emergencies concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is always protected; 9. The parties shall provide each other with all home and work telephone numbers, as well as current addresses for each of the parties; 10. Neither party shall do or say anything, which may estrange the child from the other party, injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and respect for the other party. The parties shall ensure that all third parties in the hearing and presence of the child comply with this provision; 11. The parties shall ensure that the child has reasonable telephone contact with the non-custodial party; 12. The parties may modify the provisions of this agreement by mutual consent. In the absence of mutual consent, the terms of this agreement shall control. ,,{ BYTHECOUR~ ~ . fMv W- EDGAR B, BAYLEY, JUDGE F,!flO.(.. '. ",.. 7", "" '- -1"jj'rlC . vr- " . '''':'..,). .'.....':"... '.. ,'., '/OTI\.9)' 99 JUl. I fj A/nO: 0 B O'l'e,... ul"'l..'L,'/Ii...~., \., " h, PEI\'^'S~iV~~I~U/vrr . .# ~.'. . . JOHN C. DARCY, m, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA 96-433 CML TERM MARIE Y. KNAUB, Defendant CIVIL ACTION - CUSTODY STIPULATION TO MODIFY AND NOW, this~day 0 ,1999 the panics agree to stipulate to the following: 1. Marie Y. Smiley (formerly Knaub) is the natural mother of the child, Megan R. Knaub, born April 7, 1995; 2. Terry L. Smiley Is the child's stepfather. 3. John C. Darcy, m, Is the child's natural father; 4. Mother and father shall have shared legal custody of said child in that each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-cmergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion; 5. The panles shall share physical custody of the child on an alternating schedule; 6. The father's rights to custody shall be exercised by the father's fianc~e, Ginger Deslaurier, as long as the father is either engaged or married to Ginger Deslaurier: ; . . , ... ...... , , ,. . . . 7. The exchange of custody shall take place when the mother and/or stepfather picks up the child on Wednesday at 6:00PM and the father and/or Ginger Deslaurier picks up the child on Saturday at 6:00PM; 8. The alternating custody schedule shall continue In effect until such time as the child begins school, at which time the parties agree that the child shall be enrolled In the school district in which the father resides; 9. The parties shall share or alternate having custody of the child on holidays as arranged by mutual agreement of the parties; 10. The party receiving custody of the child shall be responsible to provide transportation for the exchange of custody; 11. The parties shall keep each other Immediately advised as to any emergencies concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is always protected; 12. The parties shall provide each other with all home and work telephone numbers, as well as current addresses for each of the parties; 13. Neither party shall do or say anything, which may estrange the child from the other party, injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and respect for the other party, The parties shall ensure that all third parties in the hearing and presence of the child comply with this provision; . , 4~2 ~ JdfiN C. DARC~ 14. The parties shall ensure that the child has reasonable telephone contact with the non-c:ustodlal party: IS. The parties may modify the provisions of this agreement by mutual consent. In the absence of mutual consent, the tenns of this agreement shall control. WITNESS: ~f. J/ LI 1 ~~~UhO~J