HomeMy WebLinkAbout02-4600DA/qI ELLE VANHORN,
Plaintiff
vs.
CHAD LAUVER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO.
N O T I C E T O D E F E N D ~ iq
YOU have been sued in court. If you wish to def~ ~ai~
the claims set forth in the followin a es ou mu~u3 L~
g P g , Y ~¢~a~ ac~n
w~th~n twenty (20) days after this complaint and not~ are
served, by entering a written appearance personally o~by~
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
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
Mary A.' Etter Dzssing~
Attorney for Plaintiff
DANIELLE VANHORN,
Plaintiff
vs.
CHAD LAUVER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO.
COMPLAINT FOR CUSTODY
i. Plaintiff is Danielle VanHorn, residing at 1109 Apple Drive,
Apt. 4, Mechanicsburg, Cumberland County, Pennsylvania.
12. Defendant is Chad Lauver, residing at HRC Box B,
ISnyder County, Pennsylvania.
13. Plaintiff seeks custody of the following child:
Richfield,
Name Present Residence Age
Brittney N. Lauver 1109 Apple Drive, Apt. 4 5 yrs
Mechanicsburg, PA 17055
4. The child was born out of wedlock.
5. The child Brittney N. Lauver is presently
Danielle VanHorn who resides at 1109 Apple
Mechanicsburg, Cumberland County, Pennsylvania.
in the custody of
Drive, Apt. 4,
6. During the past five years, the child has resided with the
following persons at the following addresses:
Persons
Kenneth Hoy
Cheryl Hoy
Plaintiff
Kenneth Hoy
Cheryl Hoy
Joshua Conrad
Plaintiff
Addresses
RD #1, Box 242 C,
Liverpool
Date
birth to 5/00
RD #1, Box 242 C, Liverpool 5/00 to c. 3/01
3oshua Conrad
Plaintiff
Elicher Road, Carlisle
c. 3/01 to 7/01
Cheryl Hoy
Kenneth Hoy
Plaintiff
RD #1, Box 242 C, Liverpool
7/01 to 2/02
Plaintiff
William Westhafer
1109 Apple Drive, Apt. 4
Mechanicsburg
2/02 to present
7. The mother of the child is Danielle VanHorn who currently
resides at 1109 Apple Drive, Apt. 4, Mechanicsburg, Cumberland
County, Pennsylvania.
8. She is single.
9. The father of the child is Chad Lauver who currently resides
at HRC Box B, Richfield, Snyder County, Pennsylvania.
10. He is married to Jessica Lauver.
11. The relationship of Plaintiff to the child is that of mother.
The Plaintiff currently resides with William Westhafer.
12. The relationship of Defendant to the child is that of father.
The Defendant currently resides with Jessica Lauver.
13. 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.
14. Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
15. 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.
16. The best interest and permanent welfare of the child will be
~erved by granting the relief requested because she has been the
IIprimary care giver and can provide a more stable environment within
Iwhich the child will grow and flourish.
'17. Each parent whose parental rights to the child have not beer
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: none.
WHEREFORE, Plaintiff requests the Court to grant custody of
the child to Danielle VanHorn.
Respectfully Submitted:
DISSINGERAND DISSINGER
Mary A. Etter Dissinger ¢~
Attorney for Plaintiff
Supreme Court I.D. #27736
400 South State Road
Marysville, PA 17053
(717) 957-3474
VERIFICATION
I, Danielle Van Horn, verify that the statements made in the
2omplaint for Custody are true and correct. I understand that
false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
DANIELLE VAN-HORN
PLAINTIFF
CHAD LAUVER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: 02-4600 CIVIL ACTION LAW
:
IN CUSTODY
:
ORDER OF COURT
AND NOW, Monday, September 30, 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, November 04, 2002 at 10:30 AM
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.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Sl~ecial 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 heating.
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
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No.
Civil.
Prothonotary
19 ~
Attorney for Plaintiff
No. Term, 19 ~
VS.
Filed
PRAECIPE
19
, Atty.
DANIELLE VANHORN,
Plaintiff
V,
CHAD A. LAUVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4600 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this {~!~ day of December, 2002, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. Legal Custody. The parties hereby agree to share legal custody of their minor
child, Brittney Nichole Lauver, (hereinafter "Brittney"), age five (5) years, born April 8, 1997.
2. Physical Custody. Mother, Danielle R. VanHorn, shall have primary custody of
Brittney. Father, Chad A. Lauver, shall have periods of partial custody of Brittney as the
parties agree. At a minimum, Father shall have custody of Brittney every other weekend,
beginning the weekend of December 6, 2002. Father's weekend custody periods are
described more fully below.
A. During the six or seven months of the year that Father is not
racing (late Fall, Winter, and early Spring), Father shall have every other
weekend from 5:00 p.m. on Friday to 6:00 p.m. on Sunday.
B. During the five or six months of the ,.tear that Father races, a
four-week custody cycle shall begin (where it naturally would begin based on
the normal every other weekend schedule). On weekends 1 and 3, Brittney
would remain with Mother. On weekend 2 (which shall hereinafter be referred
to as the racing weekend), Father or his approved designee shall pick up
Brittney at 5:00 p.m. on Friday, and Father's period of custody shall continue
until Sunday at 6:00 p.m. On weekend 4, Father shall pick up Brittney at 8:00
a.m. on Saturday and keep her until 6:00 p.m. on Sunday.
3. Holidays. Holidays shall be shared by Mother' and Father as follows:
A. Thanksgiving, Christmas, New Year's Day, and Easter. These
holidays shall be divided into two segments. Segrnent A will begin at 6:00
p.m. the night before the holiday, and will extend through 1:00 p.m. the day of
the holiday. Segment B will begin at 1:00 p.m. the day of the holiday and will
NO. 02-4600 CIVIL TERM
extend until 10:00 a.m. the day after the holiday. If the next day is a school
day, the child will return to Mother's custody the evening before. Mother will
provide transportation incident to these custodial exchanges. The parties will
work together to set a specific return time. Mother shall have Segment A and
Father shall have Segment B. For Thanksgiving in the year 2002, Father's
segment B shall be extended so that Father keeps Brittney until Saturday,
November 30 at 6:00 p.m.; and
B. Brittney's Birthday. Mother and Father shall equally share
Brittney's birthday as the parties agree; and
C. Mother's Day / Father's Day.
Brittney on Mother's Day and Father shall
Father's Day; and
Mother shall have custody of
havE; custody of Brittney on
D. Memorial Day, Fourth of July, and Labor Day. Mother and
Father shall alternate, on a yearly basis, the three-day weekends associated
with these holidays. Said alternating holidays shall be as follows: in the year
2003 and every odd year thereafter, Mother shall have custody of Brittney for
the three-day weekend of Memorial Day and the three-day weekend of Labor
Day, with Father having custody of Brittney for the three-day weekend of July
Fourth. For the even years, Mother and Father shalll exchange these periods
of time, so that Father has custody of Brittney for the three-day weekend of
Memorial Day and the three-day weekend of Labor Day, and Mother has
custody of Brittney for the three-day weekend of July' Fourth; and
E. The holiday schedule shall take precedence over the regular
custody schedule; and
F. Mother and Father may modify this holiday schedule as they
mutually agree.
4. Vacations. Mother and Father shall each have two (2) non-consecutive weeks
of vacation with Brittney per year. Mother and Father shall make requests for their vacation
weeks with a minimum of fourteen (14) days advanced notice to the other party.
5. Transportation and Custody Exchanges. MotJher and Father shall primarily be
responsible for picking up Brittney for hi~ or her periods of custody. However, on the racing
weekend, Father's wife, Jessica Lauver, or another family member shall be permitted to pick
up Brittney for the weekend visit. If, on a weekend other tlhan the racing weekend, Mother
or Father is unable to pick up Brittney, he or she must get permission from the other parent
as to whether he or she may designate another person to provide the transportation.
Custody exchanges shall take place at the parents' homes. The parent who is to begin the
NO. 02-4600 CIVIL TERM
custodial period will pick up the child from the other parent's home. On Father's racing
weekend (his weekend #2), it shall be permissible for him to designate another adult to pick
up the child from Mother's home. Mother and Father shall have Brittney prepared for pick
up by the other parent or his or her designee at the designated pick up time, and shall not
harass or malign the other parent during the custody exchange. A parent's consent to an
alternate adult providing transportation at the beginning of the custodial period shall not be
unreasonably withheld.
6. Races. When picking up Brittney for the racing weekend, Father or his
designee must provide Mother with the name of the racetrack wl~ere they will be that Friday
night. Brittney shall not be in the pit at the race track except during the intermission
between the races, when the cars are not running on the race track.
7. .Three Hour Right of First Refusal. During either parent's periods of custody, if
the parent in custody is unable to be with Brittney for a period of time in excess of three
hours, the parent in custody shall contact the other parent ahead of time to inform him or
her, and the other parent shall be entitled to take custody of Brittney for that period of time.
In other words, if the parent in custody will not be with Brittney for a period in excess of three
hours, the non-custodial parent shall be given the option, or right of first refusal, to take
Brittney in his or her care, before Brittney is sent to a baby-sitter or other family member for
care. When the parent who is supposed to be in custody is able to renew his or her
custodial period with Brittney, he or she shall pick up Brittney from the other parent who kept
her for the temporary period. The parties may waive this right of refusal on a case-by-case
basis, as long as they both agree to the waiver.
8. Medical Emergency. In the case of a medical emergency involving Brittney,
the parent in custody must make reasonable efforts to notify the other parent of said
emergency within three (3) hours of the same.
9. Courtesy in Dealings. There shall be courtesy' in all dealings by and between
the parents. Neither parent shall make disparaging remarks, nor allow a third party to make
disparaging remarks about the other parent in the presencE: of Brittney. Each parent shall
respect the other parent's right to have a frequent, ongoing and substantial relationship with
Brittney. Neither party shall do or say anything, nor allow a third party to do or say anything
that would alienate Brittney from the affections of the other parent.
10. Telephone Access. Each parent shall be entitled to reasonable telephone
access to Brittney when she is in the care of the other parent..
11. Information. Each parent shall keep the other parent informed as to his or her
address and telephone number. If either parent changes his or her telephone number or
address, he or she shall notify the other parent of that change within twenty-four (24) hours.
If either parent is taking Brittney from his or her home for more than twenty-four (24) hours,
NO. 02-4600 CIVIL TERM
whether for vacation or otherwise, that parent shall inforrn the other parent of a telephone
number where Brittney can be reached in case of an emer.gency.
12. Modifications.
A. _Temporary Modification: Mother and Father may make
temporary modifications to this Order by mutual agreement; and
B. .Permanent Modification: Mother and Father may permanently
modify this Order by mutual agreement so long as the permanent modification
is in writing.
BY THE COURT:
Dist: .,,'"~lary A. Etter Dissinger, Esq., 28 North Thirty-second Street, Camp Hill, PA 17011
~/l~lelanie Walz Scaringi, Esq., 341 Market Street, Newport, PA 17074
Jo
DANIELLE VANHORN,
Plaintiff
V.
CHAD A. LAUVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4600 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
Brittney N. Lauver
DATE OF BIRTH
April 8, 1997
CURRENTLY IN THE CUSTODY OF
Mother
2. A Custody Conciliation Conference was held on November 26, 2002 pursuant
to Mother's Complaint for Custody filed on September 25, 2002. Attending the conference
were: the Mother, Danielle VanHorn, and her counsel, Mary A. Etter Dissinger, Esquire; the
Father, Chad Lauver, and his counsel, Melanie Walz Scaringi, Esquire.
3. The parties reached an agreement in the form.,C~O/rder as attached.
Date "-" 'l~lei~sa Peel Greevy, Esquire
Custody Conciliator
:165709
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-04600 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VANHORN DANIELLE
VS
LAUVER CHAD
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and[
and inquiry for the within named DEFENDANT , to wit:
LAUVER CHAD
but was unable to locate Him
deputized the sheriff of JUNIATA
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT - CUSTODY
On November 26th , 2002 , this office was in receipt of the
attached return from JUNIATA
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Juniata Co
18.00
9.00
10.00
16.37
.00
53.37
11/2S/2002
So answers.
Thof~as- K1 ine
Sheriff of Cumberland County
DISSINGER & DISSINGER
Sworn and subscribed to before me
this
day of ~~_~
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-04600 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VANHORN DANIELLE
VS
LAUVER CHAD
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
LAUVER CHAD
but was unable to locate Him
deputized the sheriff of SNYDER
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT - CUSTODY
On November 26th , 2002 , this office was in receipt of the
attached return from SNYDER
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Snyder Co
6.00
9.00
10.00
26.00
.00
51.00
1Z/2S/2002
Sheriff of Cumberland County
DISSINGER & DISSINGER
Sworn and subscribed to before me
this /~ day of ~
In The Court of Common Pleas of Cumberland County, Pennsylvania
Danielle Vanhorn
VS.
Chad Lauver
SERVE: Chad LAuver
No. 02 4600 civil
]~ow, October 16, 2002
hereby deputize the Sheriff of
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
, I, SHERIFF OF CUlVlBERLAND COUNTY, PA, do
Juniata County to execute thi~ Writ, this
Affidavit of Service
Now, ,20.. , at _ o'clock ~ M. served the
within AFTER DUE AND DILIGENT SEARCH WITHIN MY BAILIWICK FOR
DEFENDANT AND BEING UNABLE TO FIND HIM, I AM RETURNING THIS
upon
COMPLAINT FOR CUSTODY & ORDER OF COURT "NON EST INVENTUS"
DEFENDANT LIVES IN SNYDER COUNTY.
at
by handing to
a
and made known to
Sworn and Subscribed b~efore
me thiso?t/ day of
/ . Depu(y grothonota~y
r~y Commission Expires
[ First Monday in Jan. 2005
,20 _dy,
copy of the original
the contents thereof.
So answers,
heriffof Juniata ~ / 't~/°~q~/O ~'~
County, PA
COSTS
SERVICE $ ~4. oo
MILEAGE .3 7
AFFIDAVIT
2.00
$ 16.37
REFUND $ 58 . 63
ATTEMPTED SERVICE
DAT TIME M~Lrr--AG £ !NITIAI'~
1
2
3
4
5
SAVED # 02-4600
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MISC. DKT. BK. # 31
PAGE # 101
DANIELLE VANHORN
VS
CHAD LAUVER
NO: 02-4600
NOTICE AND COMPLAINT
CUSTODY
AFFIDAVIT OF SERVICE
AND NOW, November 21, 2002,I, Dennis Troutman, Deputy Sheriff for Joseph S. Reigle, Jr., Sheriff of Snyder
County, Pennsylvania, being duly sworn according to law deposes and says that on November 20, 2002, at 10:30 A.M.
served a copy of the above described Notice and Complaint, upon Chad Lauver, named defendant, by personally handing to
Chad Lanver at HCR Box 30B, Richfield, Snyder County, Pennsylvania, a true and correct copy of the above described
Notice and Complaint and made know to Chad Lauver the contents of the same.
SO ANSWERS
JOSEPH REIGLE, JR., SHERIFF
SNYDER COUNTY, PENNSYLVANIA
BY: _~,~,?.~_, ],~,o~..~
DEPUTY DENNIS TROUTMAN
DEPUTATION BY: SHERIFF OF CUMBERLAND COUNTY, PA.
SNYDER COUNTY SHERIFF'S FEES:
Docketing, Service, Etc. $18.00
Mileage 5.00
Notary 3.00
DEPOSIT: $75.00 Receipt# 764
Retired: $49.00 Check #
TOTAL: $ 26.00
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF SNYDER SS:
SWORN TOflND SUBSCt IBED BEFORE ME
THIS c:hYo?' DAY OF '7 ~ ,2002
-
PAID TO COUNTY CHECK #
REIMBURSED TO PETTY CASH CHECK #
In The Court of Common Pleas of Cumberland County, Pennsylwtnia
Danielle Vanhorn
VS.
Chad Lauver
SERVE: same
No. 02 4600 civil
Now, November 12, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Snyder County to execute this Writ, t]~s
deputation being made at the request and risk of the Plaintiff.
Sheriffof Cumberland County, PA
Now~
within
Affidavit of Service
,20 ,at
o'clock M. served the
upon
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this day of
,20
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA