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HomeMy WebLinkAbout98-04494 i ll. : 0 ~ -..... i:t- i~ I 1.0\ ~ ':.. l...e I >-- ~ I I I i I ~ I '- !~ ...... .~ i~ I : 1 ~I ~i ~i ~l ~l ~! , 1 , ; ~1 I . ,,' . '. . " '.'. ',.. ",", ". ,. "',.,. ",. '. I, ,... ,,:....~ ('- , ,r (~J:"l , II... . I ,.." I:' ; .': ,~; \" '~" " ~:;/t1,f Ihl ttw /1!,~~tf/ -# dZ# xL:,,'/ ,"'/f.!l,f >1..~~;"/tl/l.:W;j y2;;:ff"y.:"f//, :1//.q;- I . .. ;;7L" . [~ /"',l.hY 'Z: ,..;." c;)UH"tz)' :, ' 1 'f ' . , '. ",,',' -" t 4 ' . '...' ' ~ . ,'. - ~, . ~.. ." .!. :, _ . _ '.~, 1 ' . ,,'..-..:, ~<_ ,-r' ,,!,';",,';"" JOHN B. TAYLOR, JR. Plaintiff VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. C]p - "/11<';1/ C..,I k,n.\ CIVIL ACTION - AT LAW CUSTODY ~I RONDA TAYLOR, Defendant COMPLAINT FOR CUSTODY The Plaintiff, JOHN B. TAYLOR, JR., through his attorneys, The Law Offices of Patrick F. Lauer, Jr., files this Complaint for Custody against the Defendant, RONDA TAYLOR, and in support thereof, avers the following: l. The Plaintiff is JOHN B. TAYLOR, JR., an adult individual and the natural Father, who currently resides at 808 pine Road, Carlisle, Cumberland County, Pennsylvania l70l3. 2. The Defendant is RONDA TAYLOR I an adult individual and the natural Mother, who currently resides at 808 pine Road, Carlisle, Cumberland County, Pennsylvania l70l3. 3. The Plaintiff seeks custody, partial custody I andlor visitation of the following child: Name Present Address Aqe Amanda N. Taylor 808 pine Road Carlisle, PA l70l3 6 The child was not born out of wedlock. 4. The child is presently in the custody of JOHN B. TAYLOR I who currently resides at 808 pine Road, Carlisle, Pennsylvania 170l3. . ',' t' . , ' . . ' '. . ,''', ~" "f;' f,~~'. ,. " ;' , " , ' ' ,I' " . .' . "'r 5. During the past five years, the child resided with the i following persons and at the following addresses: Name John B. Taylor, Jr. and Rhonda Taylor John B. Taylor, Jr. and Rhonda Taylor Address Dates 808 pine Road Carlisle, PA l70l3 8/95 - present 35 Buttonwood Lane Carlisle, PA l70l3 Birth - 8/95 6. The Mother of the child is RONDA TAYLOR I who currently resides at 808 pine Road, Carlisle, Cumberland County, Pennsylvania l70l3, with the subject of this petition. The Mother is married to the natural Father. 7. The Father of the child is JOHN B. TAYLOR I JR., who currently resides at 808 pine Road, Carlisle, Cumberland County, Pennsylvania l70l3. The Father is married to the natural Mother. 8. The Plaintiff has not participated as a party or witness, or in another capacity I in other litigation concerning the custody of the child in this or another court. 9. The Plaintiff has no information of a custody proceeding concerning the child currently pending in any court of this Commonwealth. ~' ~'... '. '. ' ",',' ".:' ',"",.~.','.:. ".',t,~ "..~:,I'.'I""':;""'~ '. ',', WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter an Order granting primary custody, partial custody I or visitation of the child to the Petitioner and natural Father, JOHN B. TAYLOR, JR, in accordance with any Stipulation of the parties I or in the event the parties are unable to execute such a Stipulation, to enter an Order granting custody, partial custody, or visitation of the child to the Petitioner. Respectf [ o D.'., ~.~ Mattliew shelman, Esquire Law Offices of Patrick F. Lauer, Jr. 2l0B Market Street, Aztec Building Camp Hill, Pennsylvania l70ll-4706 ID# 72655 Tel. (7l7) 763-lBOO '. ,,' ,,':.", '.'>~" ,"." ~.'i ' ,1...". " '" < ", "_, .... .". .:. ,", 1,' ',.:~, '":,_,, ',' ,> . ~ ,,' " " 1) , JOHN B. TAYLOR I JR. I Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I PENNSYLVANIA vs. No. RONDA TAYLOR, Defendant CIVIL ACTION - AT LAW CUSTODY VERIFICATION I, JOHN B. TAYLOR, JR., state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Complaint for Custody are true and correct to the best of my knowledge, information I and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under le Pat C.S. S 4940. Jr. Date: 7/-?//,/'8" JOliN B. TAYLOR, JR., Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98-4494 CIVIL TERM CIVIL ACTION - LAW RONDA TAYLOR, Defendant IN CUSWDY CRDER OF 0XlRT 1IND Na-/, this j> consideration of the attached and directed as follows: day of ;;..., ~ , 1998, upon Custody Conciiiation Report, it is ordered 1. The Father, John B. Taylor, Jr., and the Mother, Ronda Taylor, shall have shared legal custody of Amanda N. Taylor, born September 11, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all majot" non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends beginning September 11, 1998 from Friday when the Fathet" shall pick up the Child aftet" school or at the childcare providet", until Sunday at 7:30 p.m. In addition, the Father shall have custody of the Child every Monday and Thursday from the afternoon when the Father shall pick up the Child after school or at the childcare provider until 7:30 p.m. that evening. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In even numbered years, the Father shall have custody of the Child from Christmas Eve at 8:00 a.m. until Christmas Day at 11:00 a.m. and the Mother shall have custody of the Child on Christmas Day from 11:00 a.m. until 7:30 p.m. In odd numbered years, the Father shall have custody of the Child on Christmas Eve from 8:00 a.m. until 11:00 p.m. and the Mother shall have custody from Christmas Eve at 11:00 p.m. until Christmas Day at 7:30 p.m. B. Thanksgiving: In even numbered years, the Mother shall have custody of the Child from after school on the Wednesday before Thanksgiving until the following Friday at 8:00 a.m. and the Father shall have custody on the Friday after Thanksgiving from 8:00 a.m. until 7:30 p.m. In odd numbered years, the Father shall have custody of the Child from after school on the Wednesday before Thanksgiving until the . ',' '. ~.' ',' ,,",..' ," ,. ..,' \.'" .' ~ " '.' . . .., \". .,~. , "....,., ,,~,' " . - .' ,.,"" , ,:,", " , t '. ',( .":. p .' " ., . ' .' , '". ~..,.~. f,,~_ ' ",. following FridilY at 8:00 a.m. and the Mother shall have custody on the Friday after Thanksgiving from 8:00 a.m. until 7:30 p.m. C. Alternating holidays: 'l'he parties shall alternate having custody of the Child on the following holidays from 8:00 a.m. until 7:30 p.m. beginning with the Father having custody on New Years Day in 1999: New Years Day, Easter, Memorial DaYI July 4th, and Labor Day. D. Mother's Day/Father's Day: The Mother shall have custody of the Child every year on Mother's Day from 8:00 a.m. until 7:30 p.m. and the Father shall have custody of the Child every year on Father's Day from 8:00 a.m. until 7:30 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The Father shall be entitled to have custody of the Child for three non-consecutive weeks during each year upon providing thirty days advance notice to the Mother. The Father ll'8y schedule these extended periods of custody over the Child's school year breaks only as agreed between the parties. If the Father elects to schedule a period of custody under this provision during the school year when the Child has school, the Child shall be returned to the Mother's custody for overnight periods. The Mother shall be entitled to have custody of the Child for two non-consecutive weeks each year during the Child's sumner school vacation upon providing thirty days advance notice to the Father. 6. The party receiving custody of the Child shall be responsible to provide transportation for all exchanges of custody under this Order. 7. 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, , AIL J. _ ~"'-' {Y"'-t"'-'U.. "r/lo/H, ,..!"..p, cc: Matthew J. Eshelll'8n, Esquire - Counse for Father Johnna J. Deily, Esquire - Counsel for Mother ',' ': " .,'; :., ::"'" ,', _'\ ',~.'. "::':': ..;',...I.!:,' .'::' ~:',/',:",'.t.;";J,:::' ,,'I ....:.,' .,:~:'I""'\" " ,.. v, : CIVIL ACTION LAW ; NOJ~lW-\ CIVIL 19 1'C) : CUSTODY VISIT AnON i 'L " , \' 'I' \, I' '.0.'1 ' ill, i l. ';;; ;H.. if . .},:,~n \:'J,'\O'\\(Jr Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA . \:to<6(). \0,\\0\ Defendant ORDER OF COURT And now, this Oil >-.\'1Q ,upon consideration of the attached complaint, it is her~y dire~ted that the above parties and th~ir respective counsel appear before (Y).,.. 111 S. ,~(l'-...I , Esquire, the conciliator, at .:,>'Cf \, ), \.A,(\\",:-'\-, ,~(~r\'-\r",\( ",\AXo.. \, Pennsylvania, on the",\:) day of \.. \~\"("\\-~\:' r , 1999, at \-V'. no @.IP.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 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 be present at the conference, Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: ~~)\\. z\ >~~f\\~ )~ ' Custody Conciliator "'- (I'S),) 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, THE ClJtv1BERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE,pA 17013 (717) 249-3166 1-800-990-9108 '....""">lJ', 'i .,'...-.-'1:..;--,,-:.,..,. " ~,~,' ".' :"":. ,,',,, ',' I., :. i' .~.'",. .:\.\~' , ,~",.' ,'_.:......."~...~ .::.....~L~"; ",. .....:" ',1, > '. JOHN B. TAYLOR, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . vs. . No. 1998 - 4494 CIVIL TERM . . . RONDA TAYLOR I CIVIL ACTION - LAW - CUSTODY Defendant PREVIOUSLY ASSIGNED TO: J. HESS NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have wilfully disobeyed an Order of Court for custody, partial custody or visitation. If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the Court you defenses or objections. Whether or not you file in writing with the Court your defenses or objections, you must appear in person in Court on the day of 1999, at o'clock _m., in Courtroom No. of the Cumberland County Courthouse, One Courthouse Square I Carlisle I Pennsylvania l70l3. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the Court finds that you have wilfully failed to comply with its Order for custody, partial custody or visitation I you may be found to be in contempt of court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LA\'1YER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE I GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. BY THE COURT: DATE: CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PA l7013 (717) 249-3l66 JOHN B. TAYLOR, JR'I Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 1998 - 4494 CIVIL TERM RONDA TAYLOR, Defendant CIVIL ACTION - LAW - CUSTODY PREVIOUSLY ASSIGNED TO: J. HESS PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATION ORDER AND FOR FINDING OF CIVIL CONTEMPT The Petitioner, John B. Taylor, Jr., through his attorneys, The Law Offices of Patrick F. Lauer, Jr., files this Petition for Modification of a Partial Custody or Visitation Order and for Finding of Civil Contempt for disobedience of a custody order, against the Respondent, Ronda M. Taylor, and in support thereof, avers the following: l. The petition of John B. Taylor, Jr., respectfully represents that on September 8, 1998, an Order of Court was entered for Partial Custody, a true and correct copy of which is attached. 2. The Respondent has wilfully failed to abide by the Order in that: a. The Respondent refuses to permit weekday visitation as provided by paragraph 3 of the Order, and additionally refuses to permit similar, makeup weekday visitation. b. The Respondent refuses to provide her share of the transportation responsibilities as provided by paragraph 6 of the Order. c. The Respondent has directed the child's school to prohibit Father's presence on school property, attempting to prevent him from picking up the child I in violation of paragraphs land 3 of the Order. '~ 3. This Order should be modified because: a. The Respondent brought the child I age 7, to a bachelorette party attended by a male stripper; b. The Respondent has repeatedly engaged in, and exposed the child to, the excessive consumption of alcohol; and c. The Respondent has engaged in, and permitted others to promote I disparaging remarks against the Father in the presence of the child and conduct promoting the deliberate alienation of the child's affection toward the Father. WHEREFORE, Petitioner requests that the Court (l) adjudge the Respondent I Ronda M. Taylor, to be in contempt of this Court and (2) modify the existing Order for Partial Custody to include language restricting the use of alcohol, and prohibiting disparaging remarks and conduct, in the presence of the child because it will be in the best interest of the child. ly Date: \ t \r E' Matthew J. Es lman, Esquire 2108 Market St eet, Aztec Building Camp Hill, Pen sylvania l70ll-4706 10# 46430 Tel. (7l7) 763-l800 --:,:" "~"".f","':( ',~.',>,,~',.' ':.,ft' ,',',~ 1:;".~':'I,:"..~t"i";"':....;"',,,,': ,"., .':- .,'.., \ ".-' JOHN B. TAYLOR, JR., Plaintiff . . IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 1998 - 4494 CIVIL TERM CIVIL ACTION - LAW - CUSTODY PREVIOUSLY ASSIGNED TO: J. HESS vs. RONDA TAYLOR, Defendant VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: -LO///f7 Signature: Jr. i ....""~,, ,',,' ,~, ,",,' ,~~ ~"';;: l\'1'.\'~t. ,'~ - ~', ".',...,,:.:. ->.'::~':'~ '.'; 'f' !~:..~,:ll~~l ',,;. ::"','t.'Z~ .:. ~ .'~'f":"\'"<"<""""."""">''''\'\ ' ,:.:' JOliN fl. TMLOR, IN 'I'IIE COUR'I' 0/0' CDr>lMON P[,"",S 01" CUMBEIlLNJD COUNTY, PENNSYLVANIA pl,lintiff va. NO. 98-4494 CIVIL ~'ERM RONDA TAYLOIl, CIVIL A~I'ION - LAW IN CUSTODY Defendant ORDER OF <XlURT AND NCTi/, this I "J. day of :T1/rI1J I'r7'- ~ upon consider-ation of the attached Custody Conciliation Report, or-der-ed and dir-ected as follows: , 2000, it is 1. The prior Order- of this Cour-t dated September- 8, 1998 shall continue in effect as modified by this Order-. 2. The Father shall have partial physical custody of the Child on alter-nating weekends fr-om Friday when the Father shall pick up the Child after- school or- at the child care provider, until Sunday at 7:30 p.m. In addition, the Father- shall have custody of the Child ever-y Wednesday from after- school until 7:30 p.m. During weeks following the Mother's weekend periods of custody the Father- shall have custody of the Child on Monday fr-om after- school until 7:30 p.m. and dudng weeks following the Father-'s weekend pedods of custody the Father- shall have custody of the Child on Thursday fr-om after school until 7:30 p.m. 3. Dur-ing the school year-, the Father- shall have custody of the Child on any weekday the Child has off fr-om school and the Mother- is working. If the Child has a day off school under this par-agr-aph on a Monday immediately fOllowing the Father's regular weekend per-iod of custody, the Father- shall r-etain custody of the Child continuously until Monday at 5:00 p.m. In the event the Child has off school on a Monday which follows the ~lother' s r-egular weekend period of custody, the Father- shall have custody of the Child from 8:00 a.m. until 7:30 p.m. In the event the Child has off school on a day other than Monday when the Father- would not r-egulady have custody, the pedod of custody shall run fr-om 8:00 a.m. until 5:00 p.m., unless otherwise agreed between the par-ties. The Father- shall have custody of the Child under this pr-ovision if the Child is ill and the Mother- is wor-king. 4. The Chr-istmas holiday shall be divided into Segment A, which shall r-un from Chdstmas Eve at 1:30 p.m. thr-ough Chdstmas Day at 1:30 p.m., and Segment 8, which shall run fr-om Chr-istmas Day at 1:30 p.m. thr-ough December- 26 atl:30 p.m. The Father- shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother- shall have custody of the Child dudng Segment A in odd number-ed year-s and during Segment B in even number-ed years. ,...\..~,..: ,', ~, ''':,.:.'_,,:.~.,,' .",...,.".",'.,11:: ':1""', t""'~;",."~:~',,,,.,.~.'....~_'_'~:;"': "-I,"'; l~".:'''.:' ..- .._.,..~~~ ,.,",--'"""_,,,,,, ....'....,..,".,",,"'..._- Plaintiff IN 'I'IlE COUR'I' OF WIMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOliN B. 'I'AYLOR, vs. NO. 98-4494 CIVIL 'I'ERM Defendant CIVIL ACTION - LAl'i IN CUSTODY RONDA TAYLOR, PRIOR JUDGE: Kevin A. Hess CUSTODY COOCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CllRRENrLY IN CUSTODY OF Amanda N. Taylor September 11, 1991 Mother 2. A Conciliation Conference was held on January ll, 2000, with the following individuals in attendance: The Father, John B. Taylor, with his counsel, Matthew Eshelman, Esquire, and the Mother, Ronda Taylor, with her counsel, Johnna J. Deily, Esquire. 3. The parties agreed to entry of an Order in the form as attached. _I t'V7\ /J I.l.uA 1.1 , do?:J'O DaCe I' aLA~d/J' Dawn S. Sunday, Esquire jr Custody Conciliator