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HomeMy WebLinkAbout97-01428 , . . VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel and me in the preparation of this action. The language of the Petition may in part be the language of my counsel and not my own. I have read the statements made in this Petition and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this verification. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. I D".~' It., 4r~AT JACOB EMLET HAl' 2 I 19911 DALE JACOB EMLET, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW ANNA M. HYDE, Defendant . . :NO. 97 - 1428 CIVIL TERM : IN CUSTODY ~ COURT ORDER AND NOW, this~ day of May, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Dale Jacob Emlet, and the Mother, Anna M. Hyde, shall enjoy shared legal custody of Kaetlyn A. Emlet, born February 19, 1996. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday evening at 5:00 p.m. until Sunday evening at 8:30 p.m. B. Preceding the weekend that the Father does not have custody, he shall enjoy temporary custody on Thursday evening from 5:00 p.m. until 8:30 p.m. Transportation for exchange of custody on the Thursday evenings and on the alternating weekends shall be such that Father shall pick the child up in Hershey at the Mobile Station and the Mother or her designee shall pick the child up at the end of the visitation in Mechanicsburg at Lowe's. C. At such other times as agreed upon by the parties. 4. The parties shall also alternate custody with the minor child on major holidays to include New Year's Day, Memorial Day, July 4, Labor Day and Thanksgiving. The timeframe shall be from 9:00 a.m. until 8:30 p.m. 5. The Mother shall always have the child on Mother's Day and the Father shall always have the child on Father's Day, the timeframes being 9:00 a.m. until 8:30 p.m. This provision shall supersede any other provision of this order. III THE COURT Oli' COMMON PLEAS Oli' CUMBERLAND COUNTY, PENIISYLVNIIA DALE JACOB EMLET, Plaintiff NO. 97-1428 CIVIL TERM V. CIVIL ACTION - LAW IN CUSTODY ANNA M. HYDE, Defendant ORDER OF COURT AND NOW, THIS .-a.5- day of \ \...cl~ , 199[" upon consideration of the attached Complaint, IT I HEREBY DIRECTED thac che parties and cheir respective legal counsel shall appear before '''.Ar!:,"-\- X. CJ'\\(~ , the conciliator, at-\\"~L\\k'\"'\.rm(ert~~.[~r\~ on the ~ day of , ).)\-....1 ' 199 g, aC \C).. CX) h.t\ for a Pre-hearing cuscody Conference. At such conference an effort will be made to resolve the issue in dispuce; or if chis cannot be accomplished, to define and narrow the issues to be heard by the Court, and to encer inco a temporary order. Either party may bring the Child or Children who are the subject of this custody action co the conference, buc che child's!children's attendance is noc mandatory. li'ailure to appear ac the conference may provide grounds for encry of a temporary or permanenc order. 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland Councy is required by law to comply with the American wich Disabilities Act of 1990. li'or info~ation 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 che scheduled conference or hearing. BY OR FOR THE COURT: ~~~}~~~oo-'~' C\t>.) b. The mother does not provide the child with stability and continuity; c. , . . The mother has had a series of boyfriends which causes confusion to the child; d. The mother does not have the child in suitable day care while she is working; e. The mother does not provide the father with information pertaining to the child despite their shared legal custody; f. The mother has threatened the father that she will be moving out of the area on numerous occasions; g. The mother is unable to tell the truth and constantly makes up stories pertaining to the circumstances of herself and the child; h. The father is able to better provide the child with a suitable environment; 1. The father is better able to provide the child with stability and continuity; j. The child is having great difficulty in separating from the father; k. The child's best interest would be served by granting the father primary custody. 5. The Petitioner requests that the Order of Court dated May 27, 1997 be modified to grant Father primary physical custody of the Child and Mother partial custody of the child. DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737-0100 .3- , . f"'" , ...- MAY 2 f f99f' DALE JACOB EMLET, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :CIVIL ACTION - LAW ANNA M. HYDE, Defendant . . :NO. 97 - 1428 CIVIL TERM : IN CUSTODY COURT ORDER AND NOW, this ;J?JJ.. day of May, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Dale Jacob Emlet, and the Mother, Anna M. Hyde, shall enjoy shared legal custody of Kaetlyn A. Emlet, born February 19, 1996. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday evening at 5:00 p.m. until Sunday evening at 8:30 p.m. B. Preceding the weekend that the Father does not have custody, he shall enjoy temporary custody on Thursday evening from 5:00 p.m. until 8:30 p.m. Transportation for exchange of custody on the T~ursday evenings and on the alternating weekends shall be such that Father shall pick the child up in Hershey at tho Mobile Station and the Mother or her designee shall pick the child up at the end of the visitation in Mechanicsburg at Lowe's. C. At such other times as agreed upon by the parties. 4. The parties shall also alternate custody with the minor child on major holidays to include New Year's Day, Memorial Day, July 4, Labor Day and Thanksgiving. The timeframe shall be from 9:00 a.m. until 8:30 p.m. 5. The Mother shall always have the child on Mother's Day and the Father shall always have the child on Father's Day, the time frames being 9:00 a.m. until 8:30 p.m. This provision shall supersede any other provision of this order. . .---., r'\ DALE JACOB EMLET, plaintiff V :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . :CIVIL ACTION - LAW ANNA M. HYDE, Defendant . . :NO. 97 - 1428 CIVIL TERM :IN CUSTODY CONCILIATION CONFERENCE: SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the fOllowing report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Kaetlyn A. Emlet, born February 19, 1996. 2. A Conciliation Conference was held on May 16, 1997, with the following individuals in attendance: The Father, Dale Jacob Emlet, with his counsel, Marcus A. McKnight, Esquire; and the Mother, Anna M. Hyde, with her counsel, Carol J. Lindsay, Esquire. 3. The parties reached an agreement in accordance with the attached Order. 5~O/ f(? DA E ~ hyde Rule absolute' October 26, 199B DALE JACOB EMLET. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97 -1428 CIVIL TERM IN CUSTODY Plaintiff v. ANNA M. HYDE. Defendant PETITION FOR RULE ABSOLUTE NOW comes Carol J. Lindsay, Esquire and Flower, Morgenthal, Flower and Lindsay, P.C., and petitions as follows: 1. On Septernber 21, 1998, this Honorable Court entered a Rule to show cause why Petitioner should not be permitted to withdraw as counsel for the Defendant, Anna M. Hyde. 2. The Rule returnable on the Petition was ten days frorn the date of service. A copy of the Court's Order is attached hereto as Exhibit "A". 3. Service of the Petition was rnade by certified mail on October 6, 1998, as evidenced by the return receipt card attached hereto as Exhibit "B". 4. Ten days have passed since the date of service, and no answer has been filed. WHEREFORE, Petitioner prays this Honorable Court to enter an Order permitting Petitioner to withdraw as counsel for the Defendant. FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Date: IOf; irs arcl J. indsay 10 # 44693 11 East High Street Carlisle, PA 17013 .... \.0 1;: ~? ~ 1.- en ~'i I~Q 0< -.- fiOJ .~ u~ .C) ;;.;; ..... ~1~ ar:, fit r- . "9 C" -1,. o- N -1-1. " .. ~lll t- .,j';b LL.1!..: U il:irt CJ -- ....c: u. en ::.l L' Cl' U 6. make such rules and follow such schedules as would provide the CHILD with continuity in their lives regardless of the PARENT with whom they are then residing. 3. Emergency decisions regarding the CHILD shall be made by the PARENT then having physical custody, but that PARENT shall communicate to the other PARENT the nature and extent of the emergency and shall provide that other PARENT with all information pertaining to the treatment so that the other PARENT may be involved in the decision making process at the earliest possible time. 4. Upon receipt by a PARENT, copies of the CHILD'S school schedules, special events notifications, report cards and the like shall be provided to the other PARENT. Each PARENT shall share wi th the other PARENT any other information and documentation, or copies thereof, that each PARENT possesses regarding the CHILD within such reasonable time as to make the records and information of reasonable use to the other PARENT. 5. Each PARENT shall provide the other PARENT with at least 48 hours advance notice of school or other activities whenever possible. Neither PARENT shall make any derogatory comments about the other PARENT in the presence of the CHILD and to the extent possible shall prevent third parties from making any such comments in the presence of the CHILD. Further, neither PARENT shall discuss any aspect of the custodial DIANE G, RADCLIFF 344B TRINDLE ROAD CAMP HILL. PA 17011 (717) 737.0100 -2- situation with the CHILD and shall not utilize the CHILD for purposes of conveying information or inquiries pertaining to the CHILD to the other PARENT. 7. Each PARENT shall notify the other PARENT of any medical, dental, optical and psychological appointments and/or treatment for the CHILD sufficiently in advance thereof so that the other PARENT can attend. 8. Each parent shall provide the other PARENT with the name, address and phone number of any babysitter or other daycare providers that regularly watch the CHILD for that PARENT. 9. Both PARENTS shall be afforded reasonable telephone contact with the CHILD while in the other PARENT'S custody. 10. If either PARENT intends on removing the CHILD from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that PARENT shall provide the other PARENT with the address and phone number where the CHILD can be reached during the period of absence. B. PHYSICAL CUSTODY: The PARENTS shall share physical custody of the CHILD in accordance with the following schedule: 1. Each PARENT shall have custody of the CHILD on an alternating week basis. The exchange time shall be at 8:00 p.m. on each Sunday. MOTHER'S first week shall be the week commencing October 11, 1998 and, FATHER'S first DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (7171737.0100 -3- DIANE G. RADCLIFF 344B TRINDLE ROAD CAMP HILL. PA 17011 (717)737-0100 week shall be the week commencing October 18, 1998. 2. The PARENTS shall alternate custody of the CHILD on the major holidays of New Years Day, Memorial Day, Independence Day, Labor Day and Thanksgiving Day. The time for each holiday custodial period shall be from 9:00 a.m. until 8:30 p.m. on the day of the holiday. The alternating holiday schedule shall commence on Thanksgiving Day 1998 with MOTHER having custody of the CHILD. 3. For the Christmas holidays, FATHER shall always have custody of the CHILD on December 24th from 8:00 a.m. until 9:00 p.m. and MOTHER shall always have custody of the CHILD from December 24th at 9:00 p.m. until December 25th at 5:00 p.m. 4. MOTHER shall have custody of the CHILD each Mother's Day from 9:00 a.m. until 8:00 p.m. and, FATHER shall custody of the CHILD each Father's Day from 9:00 a.m. until 8:00 p.m. C. MISCELLANROUS TERMS I 1. The transportation necessary for the custodial exchanges herein set forth shall be shared by the parties in accordance with current practice. 2. The holiday and special day schedule shall take precedence over any other custodial period set forth herein. 3. Neither PARENT shall remove the CHILD from the jurisdiction of the Court of Common Pleas of Cumberland .4- DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 (717) 737.0100 living shall be made by the PARENT then having custody, but to the extent possible, the parties shall attempt to make such rules and follow such schedules as would provide the CHILD with continuity in their lives regardless of the PARENT with whom they are then residing. 7. Emergency decisions regarding the CHILD shall be made by the PARENT then having physical custody, but that PARENT shall communicate to the other PARENT the nature and extent of the emergency and shall provide that other PARENT with all information pertaining to the treatment so that the other PARENT may be involved in the decision making process at the earliest possible time. 8. Upon receipt by a PARENT, copies of the CHILD'S school schedules, special events notifications, report cards and the like shall be provided to the other PARENT. Each PARENT shall share wi th the other PARENT any other information and documentation, or copies thereof, that each PARENT possesses regarding the CHILD within such reasonable time as to make the records and information of reasonable use to the other PARENT. 9. Each PARENT shall provide the other PARENT with at least 48 hours advance notice of school or other activities whenever possible. 10. Neither PARENT shall make any derogatory comments about the other PARENT in the presence of the CHILD and to the extent possible shall prevent third parties from making -7- DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 (717)737,0100 any such comments in the presence of the CHILD. Further, neither PARENT shall discuss any aspect of the custodial situation with the CHILD and shall not utilize the CHILD for purposes of conveying information or inquiries pertaining to the CHILD to the other PARENT. 11. Each PARENT shall notify the other PARENT of any medical, dental, optical and psychological appointments and/or treatment for the CHILD sufficiently in advance thereof so that the other PARENT can attend. 12. Each parent shall provide the other PARENT with the name, address and phone number of any babysitter or other daycare providers that regularly watch the CHILD for that PARENT. 13. Both PARENTS shall be afforded reasonable telephone contact with the CHILD while in the other PARENT'S custody. 14. If either PARENT intends on removing the CHILD from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that PARENT shall provide the other PARENT with the address and phone number where the CHILD can be reached during the period of absence. B. PHYSICAL CUSTODY: The PARENTS shall share physical custody of the CHILD in accordance with the following schedule: 1. Each PARENT shall have custody of the CHILD on an alternating week basis. The exchange time shall be at - 8 - 8:00 p.m. on each Sunday. MOTHER'S first week shall be the week commencing October 11, 1998 and, FATHER'S first week shall be the week commencing October 18, 1998. 2. The PARENTS shall alternate custody of the CHILD on the major holidays of New Years Day, Memorial Day, Independence Day, Labor Day and Thanksgiving Day. The time for each holiday custodial period shall be from 9:00 a.m. until 8:30 p.m. on the day of the holiday. The alternating holiday schedule shall commence on Thanksgiving Day 1998 with MOTHER having custody of the CHILD. 3. For the Christmas holidays, FATHER shall always have custody of the CHILD on December 24th from 8:00 a.m. until 9:00 p.m. and MOTHER shall always have custody of the CHILD from December 24th at 9:00 p.m. until December 25~ at 5:00 p.m. 4. MOTHER shall have custody of the CHILD each Mother's Day from 9:00 a.m. until 8:00 p.m. and, FATHER shall custody of the CHILD each Father's Day from 9:00 a.m. until 8:00 p.m. C. MISCELLANEOUS TERMS. 1. The transportation necessary for the custodial exchanges herein set forth shall be shared by the parties in accordance with current practice. 2. The holiday and special day schedule shall take precedence over any other custodial period set forth herein. DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 17171737.0100 - 9. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737.0100 3. Neither PARENT shall remove the CHILD from the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania on a permanent basis wichout providing the other PARENT with at least ninety (90) days advance notice thereof. Said ninety (90) day time period is designed to allow the PARENTS to negotiate a modification of this Stipulated Agreement and in absence thereof to be able to petition the Court for a modification if the same is appropriate under the circumstances. 4. The PARENTS shall have the right to claim the income tax dependency exemption for the CHILD on an alternating annual basis. MOTHER shall have the right to the dependency exemption in even numbered years and, FATHER shall have the right to the dependency exemption in odd numbered years. 5. The PARENTS authorize the Court to enter an Order incorporating the terms of this Stipulated Agreement. IN WITNESS WHEREOF the parties have set their hands and seals the day and year above first written. 1/ V i, WITNESS: /,:I (.,/ k Jp1-Y 1~ - 10-