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HomeMy WebLinkAbout96-05350 .... . ~ .':\ ~ '-> ~ ~ '<) r ~ c- ~. ~ '--, '\ , , / 17,7Ia04,,'04U.'4 '..'''U.'''....oi 'MAYNARU E. NEAL. JR. Plaintiff IN TilE COURt' OF COMMON I'LEAS OF CUMBEIH.ANIl COUNTY, I'ENNSYI.V ANIA \' CIVIL ()IVISION - I.A W TRI!liA I.. NEAL NO. 9(,- ~ II' ~. i I... ()cfcndant IN CUSTO()Y OR()ER OF COURT AND NOW. this _ day of September, 1996. it is hereby directed that the parties and their respecli vc counsel appear before , Concil iator, at , on the _ day of , 1996. at _ _,m"_ _,m" for an expedited Prehearing Custody Conference, At such conference, an effort will be made to resolve the issue of whether Defendant Mother intends to remove the children from Cumberland County and whether the Cuslody Conciliator will recommend to the Court that a temporary order be entered to prevent removal of the children pending a Custody Conference to resolve all custody issues, or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter a temporary order, Either party may bring the child who is the subject of this custody action to the conference, but the child's attendence is not mandatory, Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order, FOR THE COURT: BY: Custody Conciliator 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, COUR] ADMINISTRATOR, CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA TELEPHONE: 717 - 240-6200 '. . .. r "_"~"':",:","V'__: ""e ~__.. .~_.~.'_~_.,._.. 6, The Plaintifr has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. 7, Plaintiff believes but cannot recall with certainty that there may have been a prior custody proceeding concerning the children in a Court of Ihis Commonwealth. 8. Plaintiff does not know of a person not a party to the procecdings who has physical custody of the children or claims to have custody of visitation rights with rcspect to thc children, 9, The best interest and pennanent welfare of the children will be served by granting the relief requested because thc children have been in the custody of thc Plaintiff continuously since the children's births, and because the Plaintiff is capable of providing for the children. 10, Each parent who has parental rights to the children which have not been tenninated and the person who has physical custody of the children are parties to Ihe action, 11, Plaintiff has reason to believe from different reliable sources that Defendant intends to leave the marital habitat and move out of the state and take the children with her, WHEREFORE, Plaintiff requests this Court to: A. Issue a temporary order prohibiting Defendant from taking the children out of Cumberland County until custody issues are heard and a custody order is entered, B. September 27, 1996 (' ,.- 'r /. MAYNARD E. NEAL, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW NO.96- ~3;Q ~ T~ TRINA L. NEAL Defendant Custody ORDER OF COURT AND NOW, this ~ay of September, 1996, upon Petition for Custody of the children Charles Edward, Trina Marie, Tiffany Sue and Chad Adams filed by Plaintiff/Father Maynard E, Neal, Jr, and upon his relation that there is a risk of removal of the children by the DefendantIMother Trina L. Neal out of the Commonwealth of Pennsylvania; and upon relation that the Father, Mother, and children reside in the same household, it is hereby ORDERED that i......-,!!'nli ~I ~ ,:..' ."..nrlJ' n( th"" "h:lrl~-:-_ ':'-:- Jilol]l]d iR tHO PlaiRtifftomperaril:' l1,.,tl1 +1..1 ('Ol1~t l..d........ f.....tL... u...l~vu "'fl.... 1I...... prphp!:Ir;ng r'l1ctnny rnnfpl"o",l'o, Ullth rp~H:nn;:lhlp ,,;c;t~tinn l"igh+<" :..... r\,..f'''''.....rI'''.....tl1\.,f.....th''''.. n~ tho r^1":'J[] d.~11 .r Pc.\....,I"M,~. O~ e.uocnl ....g'"n": ~w that neither PartY r~move the children from the state n -I ..1..~.. n1ni-..:CCrr.n+1..~- !linbil1 ~~i~':nc;~~~~ children !'Iil~ ~.~. ~~cJ , BY THE COURT: J, , , :-,','I:r," +1"0-' "''P ~tJ/Lf//J ~(t..- -n-rc~1.-- -rvtJ 'b/a/b ' J ~'~of.".~ 7 "",:,'W/.J ~>O->.?rCf <-?n{,"v \,-;. , ':.. , l~, " ,. MA YNARD E. NEAL. JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION ' LAW TRINA L. NEAL NO. 96 - ,'. ~ \il (, ,; "I;.. Dcfcndant IN CUSTODY ORDER OF COURT \. 6c1"''!Y,. AND NOW. this ~ ~ay of ti:el"tel.J13er, 1996, it is hereby directed that the parties and Ihcir respective counsel appear before Dc,\"".n. <:;'.5.-,,,.1<<( (~ ,Conciliator, at "'c. :-:; ~ , Lv, Y\"lc,:"Si-, l"t(~~"",cJ,L"'~onthe<,'I"dayof 'f'.loc,,,,,!,<,., 1996, al '4, f/,m" for an expedited Prehearing Custody Conference, At such conference, an effort will be made to resolve the issue of whether Defendant Mother intends to remove the children from Cumberland County and whether the Cuslody Conciliator will recommend 10 the Court that a temporary order be enlered to prevent removal of the children pending a Custody Conference to resolve all custody issues, or if this cannot be accomplished, to define and narrow the issues 10 be heard by the Court, and to enter a temporary order, Either party may bring the child who is the subject of this custody action to the conference, but the child's attendence is not mandatory, Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order, FOR THE COURT: BY: (1 --S,( W',; / 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 FORT/I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, COURT ADMINISTRATOR, CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL VANIA TELEPHONE: 717 - 240-6200 6. The Plaintiff has not participated as a party or witness. or in another capacity, in other litigation concerning the custody of the ehildrcn in this or another Court. 7. Plaintiff believes but cannot recall with ccrtainty that there may have been a prior custody proceeding concerning the children in a Court of this Commonwealth. 8. Plaintiff docs not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody of visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because the children have been in the custody of the Plaintiff continuously since the children's births, and because the Plaintiff is capable of providing for the children. 10. Each parent who has parental rights to the children which have not been terminated and the person who has physical custody of the children are parties to the action. II. Plaintiff has reason to believe from different reliable sources that Defendant intends to leave the marital habitat and move out of the state and take the children with her. WHEREFORE, Plaintiff requests this Court to: A. Issue a temporary order prohibiting Delendant from taking the children out of Cumberland County until custody issues are heard and a custody order is entered. B. September 27, 1996 /,/;l<'<-<./~~/ [ /Z..- / fk Mayodtd E. Neal, Jr. . I verify that the statements in the foregoing pleading arc true and correct. I understand that false statements herein arc made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. , ;~~ .... '. . .'"IE~ .... ~ .... ~ .... lIt! ~. 'c! ~; ~~Ol ~.... .2: . 1tI ~ is ~;;l . B ~ ~ ~ ~ ~ ~ ~I iOllli, , i $ . ,..,~ ~E ~ ~ g 1- ~ ~ ; . ~ ~.- . s WI" 0> ~ . . ~;~o r.l M. ~~ . I ~ ,., ~ l! ~ '. ,::,,:, ,.. .. . I .. ,NOV 2 5 tOO6 bY ,., MAYNARD E. NEAL/ JR. / Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY / PENNSYLVANIA vs. NO. 96-5350 CIVIL TERM TRINA L. NEAL, Defendant CIVIL ACTION - LAW : IN CUSTODY PRIOR JU\JGE: J. Wesley Oler, Jr. CUSTODY COOCILIATICN SlHIARY REPORT IN ACCORDANCE WITH <n1BERLAND caJNl'Y RULE OF CIVIL pROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE aJRRENrLY IN CUSl'ODY OF Charles Edward Neal Trina Marie Neal Tiffany Sue Neal Chad Adams Neal August 24, 1982 February 14, 19B4 June 10, 1985 July IB, 1987 plaintiff/Father Plaintiff/Father plaintiff/Father Plaintiff/Father 2. A Conciliation Conference was held on November 5, 1996, with the following individuals in attendance: The Father, Maynard E. Neal, Jr. / with his counsel, John H. Broujos, Esquire, and the Mother, Trina L. Neal/ with her counsel, James J. Kayer, Esquire. 3. Upon Petition by the Father, this Court previously entered an order in this matter on September 27, 1996 prohibiting either party from removing the Children from pennsylvania or concealing the location of the Children from the other party. At the time of the September 27, 1996 Order, the parties were still residing in the same household. By the date of the Conciliation Conference, the Mother had left the marital residence and obtained an apartment in the same vicinity. 4. At the Conference/ the parties agreed to entry of a detailed Order with the following terms: 1. The Father / Maynard E. Neal, Jr., and the Mother, Trina L. Neal, shall have shared legal custody of Charles Edward Neal, born August 24, 1982, Trina Marie Neal, born February 14, 19B4, Tiffany Sue Neal, born June 10, 1985 and Chad Adams Neal, born July IB/ 1987. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have partial physical custody of the Children every Saturday from 9:00 a.m. until 6:00 p.m., beginning November 9/ 1996. lJcginniny on February [/ ['J')!, U,p Matt",r shall have custody of the Children on alternaUIl'i weekenda from Saturday at 9:00 a.m. until Sunday at G:OO p.m. 4. The parties shall alternate having custody of till! Cili Idren on the following holidays: 1'hanksgiving Day/ Chelat",,,, llolY, New Years Day, Easter Sunday, Memorial Day / ,lul y ~th ,1Ild r."bor Day. The alternating schedule shall bO<Jin with tile Father having custody of the Children on Thanksgivin'J Il"y in 1996. With the exception of July 4th, the period o( cuatady on the foregoing holidays shall begin at 10:00 a.m. and elld at 9:00 p.m. on the holiday. The period of custody Oil ,July <1th shall begin at 10:00 a.m. and end at 11:00 p.m. The [",rty who docs not have custody of the Children on Christmas Day/ ah.,ll have custody of the Children from Christmas (,;ve at 12:00 noon until Christmas Day at 10:00 a.m. 5. The Mother shall have custody of the Children in every year on Mother's Day (10:00 a.m. until 9:00 p.m.) and the Father shall have custody of the Children in e'Jer.y year on Father's Day (10:00 a.m. until 9:00 p.m.). 6. The Mother shall have custody of the Children for two nonconsecutive weeks during SUlll'lCr vacation each year. 1'he Mother's periods of summer vacation custody shall occur during the third week of .June and the second week in July. The Father shall schedule his weeks of sUlaner vacation each year so as not to interfere with the Mother's periods of vacation custody. 7. If either party intends to remove the Children (rom his or her home during periods of custody / that party shall provide the other party with an address and telephone number where the Children can be contacted in the event of an emergency. 8. Neither party shall do or say anything which may estrange the Children from the other par.ent/ in:iur.e the opinion of the Children as to the other parent or hamper the free and natural development of the Children's love and respect for the other parent. 9. Each party shall be responsible, to the exclusion of third parties, to provide discipline for the Children while they are in his or her custody. 10. The Father shall provide to tllC Mother the Children's report cards, notices of special events and other information pertaining to the Children's educational and social development received by the Father from the school. 11. In the event the par.ties are unable to agree as to the readiness of the Childr.en or the advisability of beginning oVE:rnight periocla of cuatody on February 1/ 1997 as provided in this Or.der, either. par.ty Il>lY petition the Court to have MAYNARD E. NEAL, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TRINA L. NEAL, Defendant NO. 96-5350 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 18th day of December, 1998, by agreement of the parties, it is hereby ordered and directed that mother and father shall have joint legal custody of the child, Chad Neal, born July 18, 1987. Mother shall have primary physical custody of the child subject to periods of partial physical custody in the father. Said periods shall be worked out between the parties. The parties shall have joint legal custody of Charles Edward Neal, born August 24, 1982; Trina Marie Neal, born Feburary 14, 1984; and Tiffany Sue Neal, born June 10, 1985. Father shall have primary physical custody of the children subject to periods of partial physical custody in the mother. Said periods shall be worked out between the parties. The Court is impressed by the efforts of the parties to work out this agreement between themselves. They are to be commended. We are guardedly optimistic that they will continue to work together in the future for the best interest of their children. This order shall be effective December 23, 1998. MA YNAIW E. NEAL, .m.. Pluintiff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 96-5350 CIVIL TERM TRINA L. NEAL, Dcfcnllllnt : CIVIL ACTION - LAW : IN CUSTODY AND NOW, comes Trina L. Neal, Defendant and Maynard E. Neal, Jr., Plaintit1: CUSTODY STIPULATION and enter the following Custody Stipulation: WHEREAS, the parties are subject to an Order of Court dated November 26, 1996 regarding Charles Edward Neal, DOB 8/24/82, Trina Marie Neal, DOB 2/14/84, Tiffany Sue Neal, DOB 6/10/85 and Chad Adams Neal, DOB 7/18/87 wherein Father had primary physical custody of the children and mother had periods of partial custody; and WHEREAS, the parties wish to modify the agreement and Order of Court dated November 26,1996. NOW THEREFORE, the parties agree as follows: 1. The Mother, Trina L. Neal, and the Father, Maynard E. Neal, Jr., continue to have shared legal custody of the children. 2. Mother shall have primary physical cllstody ofTrina Marie Neal and Chad Adams Neal.