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HomeMy WebLinkAbout98-01272 \. ~ ... " C.9 :;:! ~ ~ (:) ~ ~ ''J:. I, ) . , / / / ( I 'I; I ~i \. \~ - . ~ ':) r.J ~ c-.J. ...... . ~ ~ . ~ -< : LAW OFFIces OF KNUPP. KODAK P .C. . . CAMBIOt! MANSION, . . . 407 !lOaTH noHI' mIlT " p,O, lOX 11141 '. HARIl15BUIlO. PA ,17101-1141' ",' l /;...; . ~ .. '. -:.,~, _',', ,\:', ," . .- .' "-""~::'f:'\.' _ . . i':.- . " . , "0" "', ,..,; '" """"l""Jm .. .' . ':--, '{~;:... :,.~...j.,.} ::::)';t~:~;~~:~Ni~.if~~ . @MAR,1119~ "..J'(';:H"",'\J'~I'K . . .' ,_ . ;":~I"~'~'t::l''';''~~<,(,._",~~}~ . .' ,., , .", .' ',', ...., ' .,... ~'''.' , , ..'. " ". ".' ~.--" :- ...., '-. "'''I' '.' . ,,". -.,' .;' . .:.... .n"~':)" l)..";.,.,,.,\,...~.;.*t~..) ;.~~/. ,i';,(",<; ,', . '. ,~\"~'iI:'!:~;r";.:,:'(.:,J~';;),t;~;J: i".",',..A'I.,I.i'-,...."'I..t'~ 1 :;'.f};:"::;.', -; ~ :::~~~:.,~_.!.: (,!.'WI('; ;', -. . ALEC ARBOUR, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , NO. 1'8' -I d.. ?.J.. CLw:.L-l., CIVIL ACTION - CUSTODY JENNIFER GERNER, Defendant ORDER OF COURT AND NOW, -3.l \ \ \Q'6 . upon consideration of the attached complaint) It is hereby directed that the parties and their resp~lve counsel ~ear before 'C. \ L, ~ ~ , , the conciliator, at ~~,), \t5 ~ 'A-, ) , on the -9- day of A~r' \ , 1998, t ~m" for a Pre-Hearing Custody Conference, At s h 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:C~J~~~~ The Court of Common Pleas of Cumberland County Is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FROTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 " b, Jennifer Gerner, 2217 Princeton Avenue, Apartment 1, Camp Hili, Pennsylvania from January 1997 to the present. 6, The mother of the child, JENNIFER GERNER Is currently residing at 2117 Princeton Avenue, Apartment 1, Camp Hill, Pennsylvania and she Is single, 7, The father of the child, ALEC ARBOUR, is currently residing at 783 Hillside Avenue, Hartford, Connecticut and he is single, 8, The relationship of the Plaintiff to the child is that of natural father, Plaintiff currently resides alone, 9, The relationship of the Defendant to the children is that of natural mother, Defendant currently resides with the child, 10, There has been no other litigation concerning the child and Plaintiff has no information of other custody proceedings concerning the child, Plaintiff does not know of a person not a party to the proceedings who has physical custody or claims to have custody or visitation rights with respect to the child, 11 , The best interest and permanent welfare of the child will be served by granting the relief requested because: a, Plaintiff is the father of the child, b, Defendant is denying father access to the child, c, The few visits that mother has permitted have all been supervised and father should be entitled to unsupervised visitation, d, Plaintiff provides a positive environment for the child; " .> ~~~ 1';'0 \-' c...\.J ~ r'> ~",,<j: -f"..... Jv 0<;\ r' c> ?=D cJ ~~~ \.N ~ '_4' ~ (') \.0 0 ," (:) ~" : ~ '. -~ 'iJ -':' ;; ,~ r,-! ::::J r,'~ ~.l) ",X i;;! CO " i'l :",'-- - '. <,; ~'; '-:B ..- .' , ~, ." '=!f', .. . .- .~'~rn ." ~-~ .. ~~ ,.' ~!. : ~q " I=> -. ~ . - - -- .:..---........ - - .,.. _.~..."f<' t \ ' .1,.......- , .'.," . '~tI:,'. .~ t ~:', ,':" (' ,\ >. '"I,:' : .'.; .:~;_~.~', ":,<~~.:',~.. ::;'.{),::",: :,,~~: ::': \. i) :.':.<t ;1' ..; .': two weeks old and that from his perspective, the Mother did her utmost to avoid him, I-Ie has had no physical contact with the child since July, 1997, He wanled to re-establish himself with the child and given the fact that he lives in Connecticut, wanted to take lhe child with him to Connecticut. 6, The Defendant's position on custody is as follows: MOlher indicates that she did not attempt to avoid the Father and in fact, wants to encourage a relationship with the Father, However, she raised some mental health issues at the conciliation and suggested that she was concerned that the child has nol seen the Father in so long that she needs to phase-in the contact. 7, Need for separale counsel to represent ehild(ren): Neither party requested, 8, Need for independent psychological evaluation or counseling: None requested nod the Conciliator docs not believe any is necessary, 9, Other matters or comments: The parties shall reconvene for a custody conciliation to occur on August 27, 1998 at 2:00 p.m. Regardless of the reasons, the child has had little or no contact with the Father since two weeks after birth, The Conciliator suggested to the parties, and the parties agreed, that they start a phase-in of the visitation with the child first on a supervised basis and then gradually work to a situation where the child is with the Father on his own, The temporary schedule that is set up will provide the Father with at least five contacts before the next conciliation which the Conciliator hopes will proceed from supervised with Mother to reach the goal of having a period of unsupervised time with the Father in Pennsylvania, If this schedule works, the Conciliator I. : . \ \..... I '- :. ALEC ARBOUR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VB. CIVIL ACTION - CUSTODY JENNIFER GERNER, Defendant NO. 98-1272 CIVIL TERM ORDER GRANTING WITHDRAWAL OF APPEARANCE AND NOW, this day of January, 1999, in consideration of the within Petition, it is hereby ORDERED and DECREED that Gary J, Imblum, Esquire, of the law firm of Knupp, Kodak & Imblum, P,C" is hereby granted leave to withdraw as counsel for the Plaintiff in the above-captioned action. BY THE COURT, J, been given reasonable warning that Petitioner will withdraw unless the obligation is fulfilled, A copy of Petitioner's letter to Plaintiff dated November 30, 1998 is attached hereto as Exhibit "A" and is incorporated herein by reference, 6. Withdrawal of appearance by Petitioner will not materially effect the interests of Plaintiff. 7, Petitioner contacted the office of Defendant's counsel, Debra Denison Cantor to request her concurrence in Petitioner's Petition to Withdraw Appearance for Plaintiff~ Attorney Cantor was not available to either give her concurrence or nonconcurrence, WHEREFORE, Petitioner requests leave to withdraw his appearance in the above-captioned matter, Respectfully submitted, KNUPP, KODAK & IMBLi P.C. I I Attorney I,D No. 42606 407 North Font Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney for Plaintiff Date: r-,q/q~ 2 ALEC ARBOUR, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA : VB. CIVIL ACTION - CUSTODY . . JENNIFER GERNER, . . Defendant NO. 98-1272 CIVIL TERM CERTIFICATE OF CONCURRENCE/NON~ONCURRENC~ I, Gary J. Imblum, Petitioner, contacted Debra Denison Cantor, Attorney at Law, attorney for the Defendant. Attorney Cantor was unavailable to either give her concurrence or nonconcurrence in the Petition of Plaintiff's Counsel to Withdrawal of Appearance. Respectfully submitted, & IMl:t9-ee Gary J. Imbl m Attorney I. . No. 42606 407 North Font Street Harrisburg, PA 17108 (717) 238-7151 Date: 1- 19-C\9 ...... CERTIFICATE OF SERVICE I, GARY J. IMBLUM, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Petition to Withdraw Appearance in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: ALEC ARBOUR 4 SUMMERSTREET MANCHESTER CT 06040-4944 DEBRA DENISON CANTOR ATTORNEY AT LAW REAGER &: ADLER PC 2331 MARKET STREET CAMP HILL PA 17011 KNUPP, KODAK &: IMBLUM, PJl Gary J. Imbl 407 North F nt Post Office Box Harrisburg, PA (717) 238-7151 Attorney I.D. No. 42606 Attorney for Plaintiff Street 11848 17108-1848 Dated: I"'/~ -<1 ~ i I 1 I if lIt'" ! !\r ' ,> . r II , , , vs. ) ) ) ) ) ) ) ) IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I'ENNSYL VANIA ALEC ARBOUR, Plaintiff NO. 98-1272 CIVIL TERM JENNIFER GERNER, Defendant CIVIL ACTION - LAW CUSTODY ORDER --... -. ..... if) AND NOW, this ~ day of " ~----:-'\ 1998, upon receipt of the Conciliator's Report, it appearing that a hearing is necessary, it is hereby ordered and directed as follows: A hearing is scheduled for the II t01 day of J -tk.lLCLA0 ' 199:[, at ~ :ou o'clock ~.M., in Court Room Number ~ of the Cumberland County Court House, Carlisle, Pennsylvania. Both parties, through counsel, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with 0 statement as to their expected @! testimony. Additionally, both parties will submit their proposal for a resolution of themaUer. }:::"-\-- ~ )rJ'tct~..Je.Q -~k- ~~ ~~~ ~ ~~ .CJ-t~" ~ "'" }}1A? ~I*\ BYTHEPOURT,I ", /5/ 1TA y? ftAIUZ. ~. f' l ~ . EDGARB.BAYLEY, . Gory J. Imblum, Esquire Debra Denison Cantor, Esquire f'A~~ rr-'c~ Poo} ISJ'lF:. --t.r- ...g, .p. 1'.';', ,'.1,.- [ ~;~ ,';,: I':' l':~:' ! ~.. , i".: mlb 5, Thc I'lnintin's pllsitionlln cllstody is ns Ihllows: Futhcr currcntly rcsidcs in Cllnnccticut. Hc is insistcnt thnt hc bc pcrmittcd to tnkc thc child to Connccticut for pcriods of partial custody, Hc will nolngrcc to any provision that would prcvcnt him from hnving his pcriods of partial custody in Connccticut immcdiatcly. 6. Thc Defendant's position on custody is as follows: Thc child nccds to feel comfortable with Father bcfore hc gocs away to Connccticut. Mothcr rcqucstcd that thc Fathcr have overnight visitation hcrc first. Apparently this occurred onc time and thc Fathcr had difficultics in returning the child to Mothcr's housc. Thc Father has not cxcrciscd any othcr periods of overnight visitation with thc child and the Mothcr is reluctant to havc him takc thc child to Connecticut until hc is succcssful in cnring for thc child ovcmight herc. 7. Nccd for scparatc counsel to rcprcscnt child(rcn): Ncithcr party rcqucsted. 8. Need for indcpcndcnt psychological cvaluation or counseling: Nonc requcsted and the Conciliator docs not bclievc any is nccessary. 9. A hearing in this mattcr will tnke onc-half day. 10. Other matters or commcnts: Thc partics originally appcarcd in May and agreed to an Order dated June 6, 1998. They wcrc schcduled to rcappcar bcforc thc Conciliator in August. Essentially, the initial Ordcr was for a phase-in visitation bccause thc Fathcr had not had any rcal contact with the child and had not had any overnight visitation with thc child. Thc child has always lived in the area and the Fathcr rclurncd to Iivc in Connccticut. The partics had ncgotiated a rcsolution ofthc casc. Part ofthc rcsolution was that Fathcr was to havc some ovcmight pcriods of custody hcrc in Pcnnsylvania so as to gct thc child uscd to thc ovcrnights with Futhcr und ulsoto Illllkc thc Mothcr leel cOllfidcntthut Futhcr could in filCt ussumc his rcsponsibilitics with thc child. Thc Futhcr hud u visitution with thc child in Scptcmbcr and thcn in Octobcr nUcmptcd to huvc un ovcrnight visit. Thc child rcucted ncgntivcly towurds thc ovcrnight and thc Fathcr returned thc child to thc Mothcr and did not cxercise an overnight visitation, The Father hns not excrcised any additional overnight visitation since this one attempt. Mother hns requested that Fathcr attcmpt anothcr overnight visit with the child hcre in Cumberland County prior to him taking the child away. This was to make sure that Father was in fact capable of caring for the child overnight and to gct the child uscd to being with the Father overnight. The Father was absolutely unwilling to consider any resolution of this case except for his unrestricted ability to pick up the child and tuke the child with him to Connecticut for partial custody. The Mother, on thc other hnnd, is morc than willing to accommodate the Father in having the child go to Connecticut but first wants to hove the child get used to being with Father overnight and wants to makc sure that thc child is comfortable with Father after an overnight visitation. Her position is not unreasonable givcn the facts of this case. The Fathcr hod very little contact with thc child and has never had an overnight visit with the child. Thc Father's rcqucst to simply pick up the child and takc him overnight at this point is unrensonable. Thc Conciliator suggcstcd that the Fnthcr follow through on a couple visitations with the child hcrc, close to the Mothcr, on an overnight basis before hc takes the child to Connecticut. Thc Conciliator suggcstcd that thcrc bc scvcral contacts betwcen the timc of the ~ COI (:: C ;~:. ,- ~)..::,,~ U~p. - - U"',- c.; l'" ~- Us ~..i .i~ ~.j.. cr::::. 0'(' " (Sr;: <::> "':'S~~ W.O:- , {J: .X. tE.'.:l..'. ~ 1.-')l..U -'- sA~}.. ,-' ...... u- CI' -) 0 '" 0 '0, .- 'j , " n AUG 11 199,~ ALEC ARBOUR, Plaintiff IN THE COURT OF COI-iMON PLEAS OF CUMBERLAND COUNTY, PA va. CIVIL ACTION - CUSTODY JENNIFER GERNER, Defendant NO. 98-1272 CIVIL TERM J. ORDER AND NOW, to wit this ~ day of ~, 1999, the attached Custody Agreement is hereby adopted aS7rurt BY. THE COURT:/ /',1 Order. - '.' 14, 1999 at 11:00 a.m. Upon completion of this period of partial custody, or another period of partial custody wherein father has two consecutive overnight visits with the child, the remainder of father's partial custody rights shall accrue. Father shall not be entitled to any other rights defined herein until he completes a visit with the child which includes two consecutive overnights of partial custody. b. The second Saturday of each month from 11:00 a.m. until 7:00 p.m. In case of inclement weather or other emergency, Mother will cooperate in rescheduling Father's Saturday for another Saturday in the same month. Father shall give as much notice as reasonably possible of the inclement weather or other emergency. c. The parties shall alternate custody on the following holidays: Labor Day, Thanksgiving, New Years Day, Easter, Memorial Day, and the Fourth of July. The times that Father shall have custody of the child on his holidays is from 11:00 a.m. to 7:00 p.m. except as otherwise noted below: 1. Thanksgiving is to be defined as being from Thursday aL 11:00 a.m. until Sunday at 6:00 p.m.; 2. All Monday holidays are defined as being from Saturday at 11:00 a.m. until Monday at 6:00 p.m. 3. Mother shall have custody of the child on Labor Day 1998 with the Father having the next major holiday as defined above. d. Mother shall have the child on his birthday every year. e. Father shall have partial custody every Christmas from 2:00 p.m. on Christmas Day until 6:00 p.m. December 27th. f. For the Bummer vacation, Father shall have custody for one week in the summer of 1999. Father shall give at least one month's notice of the exercise of his right to custody for said week. Father is entitled to at least one (1) week of custody in every Summer thereafter upon notice as aforementioned. If Father seeks additional Summer vacation time and Mother disagrees, Father may file for a modification of this Order for additional custody rights during the Summer. 4. Father shall provide all transportation relative to exercising his partial custody rights. Exchange of custody of the child shall occur at Mother's residence. 5. During the respective periods of custody, both Mother and Father shall keep the other parent fully informed of the location of the child and the phone numbers and places of any temporary residence. Each parent shall permit and encourage reasonable mail and telephone contact between the child and the parent who is out of custody for any particular period. 6. Neither Father nor Mother shall use any controlled substances in the presence of the child nor shall they consume alcohol to the point of intoxication in the presence of the child during any period of visitation. 7. Neither Father nor Mother shall do anything to estrange the child from the other parent and both shall encourage the child's relationship with the other parent. Specifically, neither parent shall make, or permit any other person in the . household to make any remarks or do anything which in any way could be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other as one whom the child shall respect and love. Additionally, neither parent shall make any derogatory or uncomplimentary remarks about the friends, companions and relatives of the other parent in the presence of the child. 8. All decisions affecting the child's growth and development shall be made by the parents jointly after mature discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. Each parent agrees to keep the other informed of the progress of the child's education and social adjustment. Each parent agrees not to impair the other parent's right to share legal or physical custody of the child. Each party agrees to give support to each other in the role as parents and to take into account the consensus of the other for the physical and emotional well being of the child. 9. With regard to any emergency decision which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day to day decisions of a routine nature will be the responsibility of the parent having physical custody at the time. 10. Both parents shall have liberal rights to place phone calls to the child when the child is in the custody of the other 14, 1999 at 11:00 a.m. Upon completion of this period of partial custody, or another period of partial custody wherein father has two consecutive overnight visits with the child, the remainder of father's partial custody rights shall accrue. Father shall not be entitled to any other rights defined herein until he completes a visit with the child which includes two consecutive overnights of partial custody. b. The second Saturday of each month from 11:00 a.m. until 7:00 p.m. In case of inclement weather or other emergency, Mother will cooperate in rescheduling Father's Saturday for another Saturday in the same month. Father shall give as much notice as reasonably possible of the inclement weather or other emergency. c. The parties shall alternate custody on the following holidays: Labor Day, Thanksgiving, New Years Day, Easter, Memorial Day, and the Fourth of July. The times that Father shall have custody of the child on his holidays is from 11:00 a.m. to 7:00 p.m. except as otherwise noted below: 1. Thanksgiving is to be defined as being from Thursday at 11:00 a.m. until Sunday at 6:00 p.m.; 2. All Monday holidays are defined as being from Saturday at 11:00 a.m. until Monday at 6:00 p.m. 3. Mother shall have custody of the child on Labor Day 1998 with the Father having the next major holiday as defined above. d. Mother shall have the child on his birthday every year. e. Father shall have partial custody every Christmas from 2:00 p.m. on Christmas Day until 6:00 p.m. December 27th. f. For the summer vacation, Father shall have custody for one week in the summer of 1999. Father shall give at least one month's notice of the exercise of his right to custody for said week. Father is entitled to at least one (1) week of custody in every Summer thereafter upon notice as aforementioned. If Father seeks additional Summer vacation time and Mother disagrees, Father may file for a modification of this Order for additional custody rights during the Summer. 4. Father shall provide all transportation relative to exercising his partial custody rights. Exchange of custody of the child shall occur at Mother's residence. S. During the respective periods of custody, both Mother and Father shall keep the other parent fully informed of the location of the child and the phone numbers and places of any temporary residence. Each parent shall permit and encourage reasonable mail and telephone contact between the child and the parent who is out of custody for any particular period. 6. Neither Father nor Mother shall use any controlled substances in the presence of the child nor shall they consume alcohol to the point of intoxication in the presence of the child during any period of visitation. 7. Neither Father nor Mother shall do anything to estrange the child from the other parent and both shall encourage the child's relationship with the other parent. Specifically, neither parent shall make, or permit any other person in the household to make any remarks or do anything which in any way could be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other as one whom the child shall respect and love. Additionally, neither parent shall make any derogatory or uncomplimentary remarks about the friends, companions and relatives of the other parent in the presence of the child. 8. All decisions affecting the child's growth and development shall be made by the parents jointly after mature discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. Each parent agrees to keep the other informed of the progress of the child's education and social adjustment. Each parent agrees not to impair the other parent's right to share legal or physical custody of the child. Each party agrees to give support to each other in the role as parents and to take into account the consensus of the other for the physical and emotional well being of the child. 9. With regard to any emergency decision which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day to day decisions of a routine nature will be the responsibility of the parent having physical custody at the time. 10. Both parents shall have liberal rights to place phone calls to the child when the child is in the custody of the other (') l.~ <':) (: ~, -11 " 1:-. :::1 '~>\ :;-=) ,;i:D -.-, G.i ;, 0 ",jl.1 ",1. ,u '~jLJ -rJ ~ '". :~l ." ~!() ,~~ <'.':'n .. , ,) ._, ...."1 )". "J ~ ". fT'> ....~