Loading...
HomeMy WebLinkAbout00-03044 "^ ".' ~ C' :~- , \\Ntsb\family law\ClientDirectory\White-Matthew\Pleadings\custody complaint.wpd , May 15,2000 REAGER, ADLER & COGNETTI, PC LINUS E. FENICLE, ESQUIRE Attomey J.D. No. 20944 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attomevs for Plaintiff MATTHEW R. WHITE, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. a?- ~tf ~ LITTLE BIRD OF THE SNOW ROY, Defendant : CML-ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ~ f\ I('\S . '-~ lI\r\o... f-' Esquire, Conciliator, at the -33 \...J. ~Q \ f\ -& ", Wr}\I(\ \(, )\MrJ \ ' Pennsylvania, on the ::2\* day of 4\.U..L 2000, at I ~DO II .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 defme and narrow the issues to be heard by the Court, and to enter into a temporary Order. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT DATED: ::5 \ \ t\ '()o BY: ~~~) YOU SHOULD TAKE TillS 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 COURTHOUSE, 4TH FLOOR CARLISLE,PA 17013 (717) 240-6200 . S/f.tJd .s If -m ...5 /tl-&t? ""~ , . ~~--~ -, ~,~~- r "'_M .. I" ~" E {-Ji ~n.....(jLp"C- or= H..'t? - r;';-~",::;,I I':'_~~ .. .... C" ..'!"';c"lYA[1V J ,\_ Inn I 0'" ,,','" I U n.'i r Q P'l'.! .,. ') r ... 1._1' .)0 CUiv1t~:~('~~;::,:\fj COUNTY J":::'j~jlJ0YI \/'I'~~I\ If A . """;'!i/J, M~!k~~Jf'~ '/1Rt:e ~ h ~- ~ /n~ z$ d#~ -",.<~~, ,---T-' .1f"~~~~~~'l","~,,:~n!KM:~!l!~~~-mml!Plll!l _~.,-, ';''''<''~'r-,j~ "-- ' ~i , \\Ntsb\family law\Client Directory\White-MlI.tthew\Pleadings\cuslody complainl.wpd , May 15,2000 REAGER, ADLER & COGNETTI, PC LINUS E. FENICLE, ESQUIRE Attomey J.D. No. 20944 2331 Market Street Camp Hill, P A 17011-4642 Telephone No. (717) 763-1383 Attornevs for Plaintiff MATTHEW R. WHITE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. tJ-Q - 30'l'f {!WJ ~ LITTLE BIRD OF THE SNOW ROY, Defendant CIVIL-ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Matthew R. White, residing at 1917 Chatham Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Little Bird of the Snow Roy, residing at 41 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvania 170 II. 3. Plaintiff seeks majority physical custody and full legal custody of the following children: Name Present Address Age Kyle Roy 41 Heidi Terrace 2 Y, years Camp Hill, PA 17011 Dylan Roy-White 41 Heidi Terrace 6 months CampHill,PA 17011 4. The children were born out of wedlock. The children are presently in the custody of Defendant, Little Bird of the Snow Roy, who resides at 41 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvania 170 II. m;:, , \\Ntsb\family law\ClientDirectOry\White-Matthew\Pleadings\custody complaint.wpd < May 15,2000 5. Since birth, children have resided with the following persons at the following addresses: Name Address Dates Little Bird of the Snow Roy 41 Heidi Terrace From birth and Maternal Grandparents Camp Hill,PA 17011 until 9/98 Matthew R. White and 1101 YverdonDrive From 9/98 Little Bird of the Snow Roy Camp Hill, PA 17011 to 5/14/00 Little Bird of the Snow Roy 41 Heidi Terrace From 5/14/00 and Maternal Grandparents Camp Hill, PA 17011 to Present 6. The mother of the children is currently residing at 41 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvania. She is single. 7. The father of the children is currently residing at 1917 Chatham Drive, Camp Hill, Cumberland County, Pennsylvania. He is single. 8. The relationship of Plaintiff to the children is that offather. Plaintiff currently resides with the following persons: Name Relationship Ronald White Father 9. The relationship of Defendant to the children is that of mother. Defendant currently resides with the following persons: Name Relationship Mr. and Mrs. Roy Parents Kyle Roy Son Dylan Roy-White Son 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. . . '- ~ -- ,~, ' . \\Ntsb\family law\Client Directory\ White-Matthew\Pleadings\custody complaint wpd , May 15,2000 II. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the reli<:f requested. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant him majority physical custody and full legal custody of the children. Date: May IS, 2000 By: Respectfully Submitted: Z~;PC L~SE.FENICLE,ESQUIRE Attorney LD. No. 20944 233 I Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorney for Plaintiff - ~- ,i ~__ " ol$'.i: , \\Ntsb\family law\Client Directory\White-Matthew\Pleadings\custody complaint.wpd . , May 15,2000 VERIFICATION I, Matthew R. White, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn verification to authorities. fVt,~<Vl~M 0 Matthew R. White DATE: OS //!;/oo 9- " , -'.. " ",,-, - :;.;, MATTHEW R. WHITE IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. LITTLE BIRD OF THE SNOW ROY 00-3044 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 27th day of July ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Snnday, Esq. , the conciliator, at 39 West Main Street, Mechanicshnrg, PA 17055 on the 19th day of September, 2000, at 1:00PM 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 defme 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: Isl The Court of Common Pleas of Cumberland County is required by law to comply with the Americarrs 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE 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 ~ r ".' F', C) U,J ~L/_ / '-'1 ?: ~.~; 1 .., ',',"'.' ,-r' "'~I (' CUj;i\b-'}'-;, i \"uUl\i "~;::N' I;'>;"" \1'''' "A t" C \0 I Ld--\,I \~[ ).;;/?tJj CevI- ~ )#~ ~ ~ . /'cY6"OO &d. ~ frI~ Z; 4' cy:.~ 7-~[f.oo ~ ,M~ t; all ~~ ~-11- tJV (-V..PcL., ~ 10 S~~ J'1; 1...~~ -3 U,t . , I .~ 'i'"1- ,""J 11:nJ'mHII~r""""""~~'I'$,- " ,,' '_"'__~ _'~~'I, ,,,H__.__~I.e~ll!1!'!B!"l~-~~,rj;m!f~~I[qJJi~~!R'I! - r:~,~m~ ~" ~ .L ~ o:.J ' ,.. ' ~-"ln,;-: 1 , JUl19~5 Matthew R. White, Plaintifi: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. Little Bird of the Snow Roy, Defendant NO. (}o- '30 If 'I CIVIL ACTION - LAW IN CUSTODY NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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. Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717)243-9400 ~ !ill-- . ,-, - 1. Matthew R. White, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, Little Bird of the Snow Roy, l)efendant NO. 00- 30<;1{ CIVIL Ac:;TION - LAW IN CUSTODY PETITION TO INTERVENE/PARTIAL CUSTODYNISITATION 1. The plaintiff is Matthew R. White, residing at 1917 Chatham Drive, Camp Hill, Cumberland County, Pennsylvanial7011. 2. The defendant is Little Bird of the Roy, presently residing at 41 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvanial7011. 3. Parties Stephen 1. Roy and Karen A. Miller seek partial custody and visitation of the following children: Present Residence 1917 Chatham Drive, Camp Hill, P A. 170 11. Dylan Roy-White 1917 Chatham Drive, Camp Hill, PA.17011 Name Kyle Roy ~ 2 years, 8 months 7 months 4. The children are presently in the physical custody of plaintiff Matthew R. White, who resides at 1917 Chatham Drive, Camp Hill, Cumberland County, Pennsylvanial7011. 5. Since birth, the children have resided with the following persons and at the following addresses: Name Little Bird of the Snow Roy Stephen Roy and Karen Miller Kyle Roy Address 41 Heidi Terrace Camp Hill, PA 17011 Dates From birth unti111126/98 ,,~. , , : " I,,;,. , ~ ~ , \. -' -" w . Name Little Bird of the Snow Roy and Matthew R. White Kyle Roy Dyll\ll Roy-White Address 1101 YverdonDrive Camp Hill, P A 17011 Dates From 11/26/98 to 5/14/00 Matthew R. White Kyle Roy Dylan Roy-White 1917 Chatham Drive, From 5/17/00 to Present Camp Hill, PA 17011 6. The plaintiff in this matter, Matthew White, misrepresented a material fact to this Court in his pleading. White attended the child's first birthday party at defendant's residence in October 1998, when Kyle Roy was residing there. White is aware that child Kyle Roy resided with the maternal grandparents for the first thirteen (13) months after birth, from October 24, 1997 until November 26,1998. 7. Plaintiff was aware that Roy and Miller claim to have custody or visitation rights with respect to the child and also misrepresented this fact before this Court in his pleading. 8. Plaintiff failed to give notice of the pendency of this action and the right to intervene to parties Roy and Miller. 9. Parties Roy and Miller seek to be joined under 23 Pa.C.S. ~5351 as parties asserting claints for partial custody and visitation of the children. 10. The relationship of Roy and Miller to the children is that of maternal grandparents. Roy and Miller have had frequent, continuous and ongoing contact with both children since their births. 11. Granting Roy and Miller reasonable partial custody and visitation is in the best interest of the children and will not interfere with the parent-child relationship. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because: a.- Kyle Roy resided with plaintiffs for thirteen (13) consecutive months from birth and was subsequently removed from the home by his parents. __L '. ~';'o_, . . , b.- Plaintiffs Roy and Miller assumed the role and responsibilities ofthe child's parent, providing for the physical, emotional and social needs of the child throughout this thirteen (13) month period. c.- Plaintiffs Roy and Miller have had continuous and ongoing contact with the children since their birth. d.- Plaintiffs Roy and Miller have serious and genuine concerns over the parents past and ongoing failure to provide adequate care for the children. Wherefore, plaintiff requests the court to join petitioners as parties to this action and grant reasonable ~.;;;ztodY ;z:.;sitation of the children. ~,."P-A~ 7/lt/oo Stephen 1. Roy Karen A. Miller 41 Heidi Terrace, Camp Hill, PA 17011 (717)732-3774 ,/ " ~ -"",,,^,- -~"'"- . . . , . VERIFICATION: I verify that the statements made in this Complaint are t1Ue and correct to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ~~~R~ {/ ~llJ(\ p\.~ 7/1'//00 Plaintiffs Stephen J. Roy Karen A Miller 41 Heidi Terrace, Camp Hill, PA 17011 (717)732-3774 ii~.loi' ';; ........ld__.......,.....,-.'''..'''''-...-. .0 h< ._,___ ~ ~? ~ .~ ",__0 ~~, '",d __ " ~ ,~ _I ~, ~M ,~.<, , - , ~'""""'........~"".....'~ - .&IMl- ~.~ o C -o~:; nlr-~.'. ;z:'" ~~.', >('1 i~~ C z ~ ,,--,, .:'" , o <::) o --n <- c:: , ~~ ",:0 ",' -' 1--;-'1 '~~~ L)rn ....; >- ~ -c> :"";:" ::> (...> J; ~- . ,- . ~--~, - " I!!~- MATTHEW R. WHITE, . IN THE COURT OF COMMON PLEAS OF . plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . NO. 00-3044 CIVIL TERM . . . LITTLE BIRD OF THE SNOW ROY, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . ORDER OF COURT 2.&10- AND NCW, this -, upon consideratioon of the attached ordered and directed as follows: day of ::r........ , 2000, Custody Conciliation Report, it is 1. The Father, Matthew R. White, and the Mother, tittle Bird of the Snow Roy shall have shared legal custody of Kyle Roy, born October 24, 1997, and Dylan Roy-White, born November 21, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. 2. The Father shall have primary physical custody of the Children. 3. The Mother Sh;ill have partial custody of the Children every week from Monday through Friday from 10:00 a.m. until 3:00 p.m., beginning June 23, 2000. The parties shall cooperate in selecting a child care provider for the Children for the morning periods after the Father leaves for work and before the Mother obtains custody, and during the afternoon hours after the Mother goes to work but before the Father returns from work. The parties shall cooperate in exchanging custody of the Children at the mutually agreeable child care provider. The Mother may also have additional periods of weekend custody as arranged by agreeement of the parties. 4. The parties shall share or alternate having custody of the Children on holidays as arranged by mutual agreement. 5. The custody arrangements set forth in this order are based, in part, on the fact the Mother is not able to have custody of the Children overnight at her current place of residence. The parties agree to cooperate in expanding the Mother's periods of custody to include overnights, as appropriate, as the Mother's living arrangements change. 6. This order is entered pursuant to an agreement of the parties at a Custody conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of lIRltual consent, the terms ~ ". ~~ ~ ~_~~AA._,II-\~ ..~ ~~ .~ _..~ ." -~ "'"I'W''' ".-, , ' '"'~r'~';~' ,0 ..,~~-~ 2 ~;g: .Vr0 Qtill ,c..-N <-~ (1)5;. =-<-< ~c ~o $0 c: ~ =~o~,~,,__ "~.,~"" >. o o ~ c:: :;e <:.0 o ~ ~ :,'"i;2? ;;!':.:o .~:::;)-: ~~~ .c::; P ::0 -< h ~ '!? i:;:' t,l) ~. ". _JIrmilN~l"'!llfWQ!;mffilll~iImJl~~lflm1!1IT, ~" J~fIll .. - . ' ~ . , of this ~er shall control. BY THE COURT, t" /uL cc: Linus E. Fenicle, Esquire - Counsel for Father Little Bird of the Snow Roy, Mother y ~O {\ ,;..~ D'O ~6\ V~ ~ ~ C,,_ :., -.-__j'_ ~-, "''Ii" J. ,..... '" , .~" . 8, MATTHEW R. WHITE, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : . . vs. : NO. 00-3044 CIVIL TERM . . LITTLE BIRD OF THE SNOW ROY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ClJSTODY CXJ!lCILlATrCJ!i( SUMMARY REPORT IN ACCXXIDANCE WITH CllMIlERIJ\ND <XXlNTY 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 DATE OF BIRTH CURRENTLY IN CUb".L\JUY OF Kyle Roy Dylan Roy-White October 24, 1997 November 21, 1999 Father Father 2. A conciliation COnference was held on June 21, 2000, with the following individuals in attendance: The Father, Matthew R. White, with his counsel, Linus E. Fenicle, Esquire, and the Mother, Little Bird of the Snow Roy, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ~ Date d;). )-nrJI ) . Da{?~ Custody Conciliator t -'"", ~, ,-- if Matthew R. White, Plaintifi: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANlA v. Little Bird of the Snow Roy, Defendant NO. 00-3044 CIVIL CIVIL ACTION - LAW IN CUSTODY Amended Petition to IntervenelPartial CustodyNisitation. in ResDonse to Preliminarv Obiections on Behalf of Matthew R. White And now comes petitioners Stephen Roy and Karen Miller, who file this amended Petition to Intervene/Partial CustodyNisitation in response to the Preliminary Objections filed by Matthew R. White. 1. The defendant is Little Bird of the Roy, presently residing at 41 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvania17011 2. Petitioners Stephen J. Roy and Karen A. Miller seek to be joined as parties claiming partial custody and visitation rights under 23 Pa..C.SA ~ 5351 in regard to the following children: Name Kyle Roy Present Residence 1917 Chatham Drive, Camp Hill, P A. 170 11. Dylan Roy-White 1917 Chatham Drive, Camp Hill, PA.17011 ~ 2 years, 8 months 7 months 3. The children are presently in the physical custody of their father, plaintiff Matthew R. White, who resides at 1917 Chatham Drive, Camp Hill, Cumberland County, Pennsylvania170 11. 4. Since birth, the children have resided with the following persons and at the following addresses: Name Little Bird of the Snow Roy Stephen Roy and Karen Miller Camp Hill, P A 17011 Kyle Roy Address 41 Heidi Terrace Dates From birth unti111/26/98 . . l~ " 3&- ~,- ~ Name Little Bird of the Snow Roy and Matthew R. White Kyle Roy Dylan Roy-White Address 1101 YverdonDrive Camp Hill, PA 17011 pates From 11/26/98 to 5/14/00 Matthew R. White Kyle Roy Dylan Roy-White 1917 Chatham Drive, From 5/17/00 to Present Camp Hill, P A 17011 5. . The relationship of Roy and Miller to the children is that of maternal grandparents. Roy and Miller have had frequent, continuous and ongoing contact with both children since their births. 6. Pursuant to 23 Pa.C.S.A. 95313 (a), a grandparent has standing to bring a petition for reasonable partial custody or visitation rights, or both, to the child, if an unmarried child has resided with his grandparents or great-grandparents for a period of 12 months or more and is subsequently removed from the home by his parents. 7. Petitioners do not seek physical and legal custody of the minor children involved here, but rather reasonable partial custody and visitation rights. 8. Plaintiff's counsel misconstrues petitioners' Petition to Intervene to seek physical and legal custody under 23 Pa.C.S.A. 95313 au. 9. Plaintiff has misrepresented a material fact to this Court, in attempting to deprive petitioners of standing to seek reasonable partial custody and visitation. Plaintiff has misrepresented that Kyle Roy had resided in petitioners' household with his minor parent (Little Bird of the Snow Roy) until September 1999. As set forth in the petition to intervene, this grandchild had resided in petitioners' household frQm birth on October 24,1998 until November 261999, approximately 13 months. Plaintiff was aware of such fact, having attended the child's first birthday party at petitioners' residence on October 24, 1999 and being required to pay financial support for this child until December 1999. 10. The issue of whether petitioners' have standing to bring a petition for reasonable partial custody and visitation was not before the conci1iator due to plaintiff's failure to give notice of the pendency ofthis action and the right to intervene to petitioners, as well as having petitioners excluded from any participation in the Conciliation Conference. CO ""W- ~ - . 11. Petitioners have been agreeable to an amicable resolution of this issue through conciliation or mediation. Plaintiff and his counsel objected to petitioners attempting to participate in the Conciliation Conference, forcing petitioners to petition this Court to assert their interests in this matter. 12. Petitioners do not seek primary legal or physical custody of their grandchildren, but rather reasonable partial custody and visitation rights. Petitioners merely seek to continue the close relationship they have established with their grandchildren. 13. Petitioners contacted and voluntarily provided the children to plaintiff of their own initiative, when their mother was unable to have them overnight at her former place of residence. Petitioners were unaware of any dispute between the father and mother over custody of the children and were surprised by plaintiff's action to establish formal custody. 14. Petitioners have maintained a close relationship with the grandchildren throughout the period when the grandchildren have not resided in petitioners' home, continuing to present. This was in the best interests of the children and has not interfered with any parent-child relationship in any manner. 15. Granting petitioners reasonable partial custody and visitation rights with their grandchildren will not interfere with the parent-child relationship and is in the best interests of the children. Wherefore, plaintiff requests the court to join petitioners as parties to this action and grant reasonable partial custody and visitation of the children. _ *!f;;tL ;- R: l/Yf :t;JlRlI'n A1'x:\ lhlL Stephen 1. Roy Karen A. Miller 41 Heidi Terrace, Camp Hill, PA 17011 (717)732-3774 i'=- ( ,,; ,. -,; , . VERIFICATION: I verifY that the statements made in this Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ~ g- f-r ,8Ilf/_o ~\mN\ F\~~\~I Petitioners Stephen 1. Roy Karen A. Miller 41 Heidi Terrace, Camp Hill, PA 17011 (717)732-3774 'J" ..1'.; .",:--' . , -",- ". . Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class mail, postage prepaid and addressed as follows: Linus Fenic1e, Esq. 2331 Market Street Lemoyne PA 17043 Matthew White 1917 Chatham Drive Camp Hill, PA 17011 Dawn Sunday, Esq. (Conciliator) 39 W. Main Street Mechanicsburg, PA 17055 Little Bird of the Snow Roy 41 Heidi Terrace Camp Hill,PA 17011 Date: 't I! /oD #-~ Stephen 1. Roy ..wi.-,.; Wt~~~~~~~~~'-!IlI.WlJ~~ ",,' ~~ ~. ~-~"U ' 1IIill>'~"'I'~.li. "'il~ '"" . I I ! ("') 0 ~ C 0 ~ XJo :.:;l "0 CO c: mm G) f..t."r'~ z:o &;5;: I ~% -<2: u::> 6 kO ~.-t1. . , )>00 z.~ )>. "::11: zO 5>8 ~ '.., 0 ~ ;:.., ~ s:- . .&"",,11'" ~ ~ . '~, -, ~'" =, - " " REAGER, ADLER & COGNETTI, PC BY: Linus E. Fenicle, Esquire Attorney J.D. No. 20944 2331 Market Street Camp Hill, P A 17055 Telephone No. (717) 763-1383 MATTHEW R. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. LITTLE BIRD OF THE SNOW ROY, Defendant : NO. 00-3044 CIVIL : CIVIL ACTION - LAW : IN CUSTODY PRELIMINARY OBJECTIONS ON BEHALF OF MATTHEW R. WHITE TO PETITION TO INTERVENE AND NOW COMES, Plaintiff, Matthew R. White, who files these Preliminary Objections to the Petition to Intervene/Partial CustodyNisitation filed by Steven 1. Roy and Karen A. Miller and states as follows: 1. Pursuant to 23 Pa.C.S.A. g5313(b) a grandparent has standing to bring a petition for physical and legal custody of a grandchild under certain situations. 2. Those factors are that a grandparent must have genuine care and concern for the child, whose relationship with the child began with the consent of a parent of the child or pursuant to an order of court; and who for 12 months has assumed the role and responsibilities of the child's parent, providing for the physical, emotional and social needs of the child or who assumes the responsibility for a child who has been determined to be a dependant child pursuant to 42 Pa.C.S. Ch. 63 or who assumes or deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness. --1<l ~~~~~ . -~ -- ,-' _ .,0 . ~, ~! - ~i 3. The Petition to Intervene is filed by the maternal grandparents in this matter. 4. The grandparents have not met the requirements to have standing to bring a petition for physical and legal custody of their grandchildren. 5. This matter has already been heard by a Conciliator and the Court entered an order on June 29, 2000. A copy of the order is attached hereto. 6. The Petition filed on behalf of the grandparents, Steven J. Roy and Karen A. Miller, should be dismissed on the basis that they have no standing to bring said Petition to Intervene. WHEREFORE, it is respectfully requested that this Court grant Plaintiff's Preliminary Objections and dismiss the Petition to Intervene filed by the grandparents. By: L S E. FENIC , ESQUIRE Identification No. 20944 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for Matthew R. White 2 "~-~ " '~ . ,,-, L > '''-' - ~ "f' CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class mail, postage prepaid and addressed as follows: Steven J. Roy 41 Heidi Terrace Camp Hill, P A 17011 Karen A. Miller 41 Heidi Terrace Camp Hill, PA 17011 Dated: 1/21/PP' Linus E. Fenicle, Esquire ~"" 'I, ~ '~d'-"~ _ -,,"--_".< , MATTHEW R. WHITE, . IN THE mORT OF mMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : VS. . NO. 00-3044 CIVIL TERM . : LITTLE BIRD OF THE SNaV ROY, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . ClIDER OF CXXlRT AND NCW, this 2e/ t-h upon consideratioon of the attached ordered and directed as follows: 0u..Je Conciliation day of Custody , 2000, Report, it is 1. The Father, Matthew R. White, and the Mother, Little Bird of the Snow Roy shall have shared legal custody of Kyle Roy, born October 24, 1997, and Dylan Roy-White, born November 21, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emer'gency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. 2. lhe Father shall have primary IX1ysical custody of the Children. 3. The Mother shall have partial custody of the Children every week from Monday through Friday from 10:00 a.m. until 3:00 p.m., beginning June 23, 2000. The parties shall cooperate in selecting a child care provider for the Children for the morning periods after the Father leaves for work and before the Mother obtains custody, and during the afternoon hours after the Mother goes to work but before the Father returns from work. The parties shall cooperate in exchanging custody of the Children at the mutually agreeable child care provider. The Mother may also have additional periods of weekend custody as arranged by agreeement of the parties. 4. lhe parties shall share or alternate having custody of the Children on holidays as arranged by mutual agreement. 5. The custody arrangements set forth in this Order are based, in part, on the fact the Mother is not able to have custody of the Children overnight at her current place of residence. The parties agree to cooperate in expanding the Mother's periods of custody to include overnights, as appropriate, as the Mother's living arrangements change. 6. This Order is entered pursuant to an agreement of the parties at a Custody conciliation COnference. The parties may IlDdify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms . ~,:; i i p q i i1 '1 , :1 !i 1-' 'I 11 , , " ,; ri U Ij II Ii i! II Ii 1'1 11 " Ii Ii Ii ( I n [1 H I,; Ii .. I' I, fl " iI Lj I, n I' ;1 IJ H II d '1 fl II ;i ,. p ij .,..... - " ~- ,-,,', '-'.-'--, ' . of this Order shall control. BY THE COURT, /s/ -f";" i -fL.,,; CC:' Linus E. Fenicle, Esquire - Counsel for Father Little Bird of the Snow Roy, Mother , v ~ J. ~ TRUE Copy FROM RECORD In Testimony whereof, I hCFe unto set my h,mtf and the seal of said Court at Carlisle, Pa. ~~r)....J..o.i! . ..~wJc: OV ~......... . j;;;;i oneta;; tiff ~ -,-- . , MATTHEW R. WHITE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-3044 CIVIL TERM . . LITTLE BIRD OF THE SNOW ROY, : CIVIL AcrION - LAW Defendant . IN CUSTODY . ~-:J,UJ:l CXNCILIATICN SlHmRY RE:PC:Rr IN ACCXXWANCE WITH cnmERLAND <XX:INTY RULE OF CIVIL PRu.:IsuuKE 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 DATE OF BIRTH CORRENl'LY IN Cu::,-:J,0u:l OF Kyle Roy Dylan Roy-White October 24, 1997 November 21, 1999 Father Father 2. A COnciliation COnference was held on June 21, 2000, with the following individuals in attendance: The Father, Matthew R. White, with his counsel, Linus E. Fenicle, Esquire, and the Mother, Little Bird of the Snow Roy, who is not represented by counsel in this matter. 3. The parties agreed to entry of en Order in the form as attached. ~ d:J. )-nr1/) . Da~ Custody Conciliator Date J ;- , ? I: ~ ,"~, ....;' - ''-''-~""" ..;--" , ~:I I ,I I I I " . ,,] ~~~--" . .' ~' '" .- . REAGER, ADLER & COGNETTI, PC BY: Linus E. Fenic1e, Esquire Attorney LD. No. 20944 2331 Market Street Camp Hill, P A 17055 Telephone No. (717) 763-1383 , ' '. . MATTHEW R. WHITE, Plaintiff v. LITTLE BIRD OF THE SNOW ROY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-3044 CIVIL : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE On this 2ND day of June, 2000, I hereby verify that on June 1, 2000, service of a true and correct copy of the Order of Court with Complaint in Custody filed in the above captioned matter was effected by certified mail, return receipt, addressed to Little Bird of the Snow. Evidence of service is attached hereto as Exhibit A. REAG, lillLER &~TTI, PC / ./ - By: ) fA LINUS E. FENICL ,ESQUIRE Identification No. 20944 2331 Market Street CampHill,PA 17011-4642 (717) 763-1383 Attorneys for Matthew R. White , '"~ ,', '^:,--;O ""._,;c, .,,,-,,, . '" " rS~nd.r; I I I I I j 5. Received By: 7. Date of Delivery RE: MATTHEW WHITE REAGER, APL8,R 8f !~OG~t;r,rr;, il'!~. ATTN: LINUS E. FENICLE, ESQ. 2331 MARKET STREET CAMP HILL, PA 17011 :4a;' A'rtlole NlIm~er P 902 067 537 2'g 4b. Service Type RESTRICTED DELIVERY CERTIFIED rO ent) (Plea,se print clearly) 1"~rJjll~~~II~llrnllm..III~llllIlImm~I~~IIII1~ ,il,t !~ ::.~., .". P 902 067 537 , "JI ,~ ,,; ~ \ B. Addyessee's Address' (JrdMeran;~madd~('lI, _d bysendw.) 3. Article Addressed to: I ',','N i) () 'nit\' <,i> I ,'c "'" .lu.\ I 'seci:lniiary.A(jaiiiss7Siiiie7.Ajii:Tj:.I~~~;~?~~~~~e~?{:~ri7.je'ijiiyj , 5 _,~ , , \ [.oeiivery.--i\diirei;,--..-......---........---......-----.........----......---- I MS. LITTLE BIRD OF 41 HEIDI TERRACE CAMP HILL PA 17011 SNOW ROY 9, ,RETURN RECEIPT EXHIBIT "A" , ..; ,,~ .0.. -, '-:::-,,' i:l ~~ @ G ,1 ~ ! ~ ~ ~ , ! I I I f I , ! i I I '1'-"- " d. " "H' " , o__c~ ";_'i r " MATI'HEW R. WHITE, Plaintiff : IN THE OOURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 00-3044 CIVIL TERM . . LITTLE BIRD OF THE SNOW ROY, Defendant : CIVIL ACTION - LAW IN CUSTODY . . aIDER OF COURT AND Nai, this ':l-! upon consideration of the attached ordered and directed as follows: day of ()cJa.......... , 2000, CUstody Conciliation Report, it is 1. The prior Order of this Court dated June 29, 2000 is vacated and replaCed with this Order. 2. The Father, Matthew R. White, and the Mother, Little Bird of the Snow Roy shall have shared legal cutody of Kyle Roy, born October 24, 1997, and Dylan Roy-White, born November 21, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. 3. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial physical custody of the Children every week from Monday through Friday from 6:45 a.m. through 4:30 p.m. and at additional times as arranged by agreement between the Mother and the Father. 5. The Mother and the Father shall share or alternate having custody of the Children on holidays as arranged by mutual agreement. 6. The custody arrangements set forth in this Order are based, in part, on the fact that the Mother is not able to have custody of the Children overnight at her current place of residence. The parties agree to cooperate in expanding the Mother's periods of custody to include overnights, as appropriate, as the Mother's living arrangements change. 7. The Maternal grandparents, Stephen Roy and Karen Miller, shall have partial physical custody of the Children every Wednesday, beginning September 20, 2000 from 3:30 p.m. until 8:00 p.m. and on alternating Saturdays, beginning september 30, 2000 from 9:00 a.m. until 3:00 p.m. In the event the Maternal grandparents are not available to exercise a period of custody under this provision, they shall provide at least three days advance notice to the Father. In the event of a conflict, holiday custody :flI ~ ~..,. , " ~ ~~,~~, ...,"","" - ~~~- ~ ~ .", '-,' ~, OF ':'t f!.LEO~~:~;;~f}.~:f()TARY 00 OCT -.j AM ll= 23 CUM8EHLNiLJ COUNTY PENNSYLVANiA . '''ro' ~, '.'"' , ".'-' . ~i"~"~'" ~!'J>~!"ffWlll!<~q~I~I"'IA"".., ~~_!~I!!i~~II!f1t.l!~,","~~r ~~~!P) -ilY" , arrangements established by the Mother and the Father by agreement shall take precedence over the Maternal grandparents' partial custody schedule. 8. The Father shall provide transportation for the exchanges of custody to and from the Mother's residence on weekdays (with the exception of Wednesday afternoons when the Maternal grandparents obtain custody). For all exchanges of custody with the Maternal grandparents, the party receiving custody of the Children shall be responsible to provide transportation for the exchange of custody. 9. The Preliminary Objections filed by the Father are withdrawn. 10. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The 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 COURT, /} /J- J cc: Linus E. Fenicle, Esquire - Counsel for Father Little Bird of the Snow Roy, Mother Stephen Roy and Karen Miller, Maternal grandparents [. D ~ ,yO \D ~ .~~~. " . hi '! i! " ':i :i Ii Ii MATTHEW R. WHITE, Plaintiff : IN THE COURT OF OOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. : NO. 00-3044 CIVIL TERM : LITTLE BIRD OF THE SNOW ROY, Defendant . . CIVIL ACTION - LAW IN CUSTODY : PRIOO JUDGE: Kevin A. Hess ClJSTODY lXI'fCILIA~OO SUMMARY REP<Rr IN ACCaIDANCE WITH aJMBERLAND <XXlNTY 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 DATE OF BIRTH CllRRENl'Ly IN CUSTODY OF Kyle Roy Dylan Roy-white October 24, 1997 November 21, 1999 Father Father 2. A Conciliation Conference was held on September 19, 2000, with the following individuals in attendance: The Father, Matthew R. White, with his counsel, Linus E. Fenicle, Esquire, the Mother, Little Bird of the Snow Roy, who was not represented by counsel, and the Maternal grandparents, Stephen Roy and Karen Miller, who were also not represented by counsel. The Conciliation Conference was held on the petition of the Maternal grandparents for partial physical custody of the Children. The Father had filed Preliminary Objections to standing, which he agreed to withdraw at the Conference. The parties were able to reach an agreement as to partial custody arrangements for the maternal grandparents. The Mother and the Father also agreed to modify the custody arrangements as between themselves which were set forth in the prior Order dated June 29, 2000. 3. The parties agreed to entry of an Order in the form as attached. <::;;;nVA'MhlA .;JOJ ~) Date ' I1,J-<L.~ Dawn S. sunday, Esquire' CUstody Conciliator