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HomeMy WebLinkAbout00-07358 . \ .. 4, -L~ lAt ~l " l.~ ~ ,...\.') ~ l~ ~( .J V. '. .. "\ '4.( :s ,. "'., 3 )~ ~ (: 1'10 ..~ ~ " ,..:{ ~ ." 1\ .... .:s " -o~ Jv Jlt l October 27,2000, at 5:45 p.rn. Mother shall then have the custody of the child for 0 \of bf .," ~ ~ the week beginning Friday, November 3,2000, at 5:45 p.rn. f.;~.1. Idit? ~ · -.:.~ ~~ S "" , " " '" SHA WNY R. BEALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY NICHOLAS A. PAL VO, Defendant : NO. 00-7358 CIVIL TERM CUSTODY ORDER NOW nnsel l/;""day of ();;J:J.;i.. , 2000, upon consideration of the attached Agreement as to Custody, it is ordered and directed as follows: 1 The Mother, Shawny R. Beall, and the Father, Nicholas A. Falvo, shall share legal custody of their child, Destany Meshel-Anne Beall, born February 18,2000. 2. 3. The mother and father shall share physical custody as specified below. The rnother and father shall have alternate weeks with the child, with the week beginning Friday at 5:45 p.rn. and ending on the next Friday at 5:45 p.rn. For example, father shall have custody of the child for the week beginning on Friday, 4. The parent that has custody of the child beginning Friday at 5:45 p.rn., shall pick the child up frorn day care on that day. If the child is not at day care on that day, that same parent shall pick the child up frorn where the child is at 5:45 p.rn. 5. Whichever parent has custody of the child on his Birthday, Thanksgiving, Christmas, and Easter Sunday shall make the child available to the other parent for a reasonable amount of time. 6. The rnother and father shall be entitled to call the other parent, while the child is in the other's custody, to receive reasonable reports as to the welfare of the child. 7. The parties shall keep one another advised of their current address and telephone number. 8. The father and the mother will notifY each other of all medical care the child "!ill{ Q/ ..0 _L '.: ,-I, , _L ~ : 1, ~ ~:", receives while in that parent's care. The father and the mother will notifY the other immediately of rnedical ernergencies which arise while the child is in that parent's care. 9. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 10. This Order is entered pursuant to an Agreement reached by the parties. ~URT' Judge Guido cc: Andrew Charles Sheely, Esquire The Dickinson School of Law Family Law Clinic ~-r')aM /()-';;'~-OO p.KS ~~~"1~1m:~M'1i!@~~~!n"if\~!l~.j!.f~Moci!l~,L ";'~~.~JI'jjJ. ~ "'r'~~ I ~ ~/ii\\ij\~)S\Njd AJi\j;r,:. 1;-:1,' ':,) .^"-.' J' ~" J.JU .", "<~,,,..,,~ . - - ,. U 0 - "~ ",- ", . ~ " . .1 ,L. ,-'. 0'__'_' '"11:-'''' '4;j!.' SHA WNY R BEALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY NICKOLAS A FALVO, Defendant : NO. 00-7358 CIVIL TERM CONSENT AND APPROVAL FOR APPEARANCE UNDER P.B.A.R. 322 I hereby consent to the appearance of Marcy Wright, a Certified Legal Intern under the supervision of an attorney, in the above-entitled custody proceeding before the Honorable Judge Guido, at 8:30 a.ill. on Monday, October 30, 2000. !or ~ Date. '2j) 00 I Shawuy R. Be As the supervising attorney for Marcy Wright, certified under P.B.A.R. 322, I approve of her appearance on behalf of the above-named client in the above-named proceeding. Date 1'0/"50 /00 / I c;2;M~~- ROBERT E. RAINS Supervising Attorney TERl HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 ". l:L~I:;;, SHA WNY R. BEALL PLAINTIFF V. NICHOLAS A. FALVO DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7358 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 20th day of October, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the ~dayof November ,2000,at....2;30 a.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. 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 Dawn S. Sunday. Esq.fl Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans 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 ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 H"~"'~"-_~'jJlftW.il'!~-- '1- ,'.."""",,' , ' , ~~~j;;fiI~~r;.~m~,M0"H"";,_-A"""d.,\,,,-'bt,-\~~i*,g.m~t1ii~'= ilinl = 1I"....=~.Iiilll~'---.~~~~' illlill!II\IJ1;!;; ~P,fl-~. ~l (.7~'<P-~/ J7f7 '2 ~ ~ (/c?~O/ X jzfJ$ ~ ~ -n; rA;;). [E"(l/ Vif~\/Jr!AS\1~Bd , [iI'I"r-,-, ,-, '~'-"^"'~ /\. i <, I,....' "i '::J',i:"','~i!J ,""", .~ ;:; ~., ~~ ,!.:'.iO DiJ ". ,", -- "~,,,'~-"=~,_."~~~,~-~,' ."~,I"._" ~,~,~ _0 ,~~~ "_ ,M ~_" , '"" .'. .,. ',.' tJ",l -, ,; '4. ,.,< . ,;,~-,; '~, .,' -, " , v. OCT 1 9 2000r (PO. . : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY SHA WNY R. BEALL, Plaintiff NICHOLAS A. FALVO Defendant : NO. 00. 73 ~f CIVIL TERM ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached cornplaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, at on the _ day of ,2000, at 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 ternporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not rnandatory. Failure to appear at the conference rnay provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 County is required by law to comply with the Arnericans 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 arrangernents rnust be made at least 72 hours prior to any hearing or business before the court. You rnust attend the scheduled conference or hearing. 0.' . " . ,_~ ' ~ ,.' _""'"" 0"" .J ".-:,', ,,~ -', ,. - ,<~,;- '[0 ,: C, 'W-",' ,""""" ,~,~"" ;, ,"C ,,' ,;"_:~,;.~;~_",,,~,,;~,;,;,,..;,.:.,; ":,___,, 'c , -,t, SHA WNY R. BEALL, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : IN CUSTODY fH.;- 7!;!)t : NO. CIVIL TERM NICHOLAS A. FALVO, Defendant COMPLAINT FOR CUSTODY The plaintiff, Shawuy R. Beall, by her attorneys, the Family Law Clinic, files this complaint for custody, requesting primary physical custody ofDestany Meshel-Anne Beall, born February 18, 2000. In support of her complaint, plaintiff states as follows: 1. The plaintiff is Shawuy R. Beall, currently residing at 10 Run Road, Newville, Cumberland County, Pennsylvania 17240. 2. The defendant is Nicholas A. Falvo, residing at 131 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Destany Meshel-Anne Beall 10 Run Road, Newville, PA 17240 02/18/00 The child was born out of wedlock The child is presently in the custody of Nicholas A. Falvo. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Shawny Beall Nicholas Falvo 131 Simmons Road, Mechanicsburg, PA 17055 02/18/00 - 10/18/00 Kathy Falvo '~ I,.' ';-' ~'.'- =,",;,"'.- -:' ~', -'~",I"d _-. ,-,' -,'- ".-,P', /~ >,._~:-;-!i;,,,,,~,>';'~;;,-_:~,,,,,,.__,,_>:'__:: -'jh Tony Falvo Aidan Falvo Caitlin Falvo The relationship of the plaintiff to the child is that of rnother. She is single. She currently resides with the following persons: Name Relationship Ms. Swartz Justin Swartz Jim Swartz Friend's Mother Friend's Brother Friend's Brother The relationship of defendant to the child is that of father. He is single. He currently resides with the following persons: Name Kathy Falvo Tony Falvo Aidan Falvo Caitlin Falvo Relationship Mother Father Brother Sister 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or another state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been the primary caretaker of the child since birth; b) Plaintiff provides child with a home with the necessary moral, emotional, and physical surroundings to meet the child's needs; c) Plaintiff continues to exercise parental duties on behalf of the child and enjoys the love and affection of the child; d) Plaintiff is willing to grant the father periods of partial custody in order for the child to develop a strong parent/child relationship with both parents. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant to her primary physical custody ofthe child. Date: c:x.J-." k 11) 7-000 ~;ptxc! ROBERT E. RAINS Supervising Attorney TERl 1. HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 -,-"~ "-'", . , , ',~,.,.;_ ,:", '; ;"i, c.~ ~-' 0,,,_,' d'- ,_ --- , H~ -,~ ,;_,C', ~l, ,:, -, :;0;', ',"' d," __.- '"'" "-~--', '''<<.' ,,~'" >K..--' '~~0~';;:";'~;"~-':"2 ,<: " "\ VERIFICATION I verify that the staternents made in the foregoing Petition for Special Relief are true and correct, to the best of rny knowledge, information and belief. I understand making any false statement would subject rne to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: \01 (q I 00 ~,. <..--. '-'::.>::-- '-::. r \ I \ ! \. r- , -__1';' rf L- ~ II- , 'r,,", ,,'", ~"."" '" ^'~~'^ ~ A a. ~:~iiI_~ i'$"-~~~"~' ~~ ~'" "m,<' ~, ,,- ~ ,,-, L-l ....'" r- - , ,; ~, \" '~,,,, lllirilt/iillllliliillil>.. C) JJ~ -;~. :.. o r.:1.'_ ~r-'- -.- ~~~,:: ? --., -< , ,~ , - ," ' C) C,.:J.. ',J ~'J ._,,{ I;) ~"";) :::> <.n ~ \! di ~ "6\ i!;; jf I j\ ,~ -" (-" -r< C.::: 1'1 ~ ~ )..... r:::, <<$ h~ ~V d t r " ,'- - 1'-,',', ,,-.-.- " ",""""-''-' - I~, SRAWNY R. BEALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY NICKOLAS A. FALVO, Defendant 00-7358 CIVIL TERM IN RE: PETITION TO INTERVENE ORDER OF COURT AND NOW, this 30th day of October, 2000, after hearing, the petition by grandmother to intervene in this custody action is DENIED. By the Court, Guido, J. ~ o 00 _.~ ~. t~ \D'''* Edward E. Philip Spare, Esquire For Paternal Grandmother Marcy Wright, Certified Legal Intern Family Law Clinic For the Mother Andrew Sheely, Esquire For the Father :mae t.ii'ili-' 'ril",I'''"''"''i8I1~~l11Hlli'~-""'> --iIli..d!D~IH~~~~_:""~'--"-~: VIN\fA'ASNN3d AJJ\lnoo Cit'r.;'lUj81i\Jn::J "'S .rl 111-1 ~ ',0 nit I S 130 00 AtI\flCN::ii-:L.j: '. jO ~J~+-;~O-O:Jll~ ~-~'~~,. '., ~ r",-,,_. ~m~.'~,~~<~ ,. IT~' ,_ ,,',,~^~~" .'., ,,," -"""""'"''~I''n''' Om , ~, - ,jiiilll!~.[ llli ~ '.1","' -~'h" -.'.', &if ,-~ .", 9 '. @. - 'd- Ocr 1 9 2000fj'J SHA WNY R. BEALL, Plaintiff/ Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY iJ1J~ : NO.7 35Y CIVIL TERM NICHOLAS A. FALVO Defendant! Respondent ORDER OF COURT AND NOW, this 19th day of October, 2000, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: A. Fe. LIIU 1'1 ,'dull. > pll.Hie~) ,.. e..,Jd. 1. The petitioner, Shawny R. Beall, shall have t@Hl.llBJui1legal and ~physical custody of J'o,'IJ+ 'r f1'A~ minor child, Destany Meshel-Anne Beall, born February 18, 2000, until further Order ~ ~ ~ <111P c.R 11 J ~ M;rt....6 ~ ~.~~~~~ ~~~~.rde.~ 2. The respondent, Nicholas A. Falvo, shall immediately return Destany Meshel-Anne Beall, to Shawny R. Beall's care and custody. 3. Txhs ClBll~H!r1aJul ~o~ud~ ~k81iffM&11 il@l ~"" th1u 0...d...d V.LllfvDpV.ud'-<llL, u.uJ."hdll "'f&.....l.uaLI..- tka immOM.1lA. .......Lu..a.ll v[ ])v~La.uy IvI"""h,.1 ~.J....u..._ B_JIl-.s t'....~D.v.u:cr. , ~ _c. '. .' - , ~' ".,'.,.' ,~ - ~...;~ -.i~___ 1: _ ,;, "-"'~-'i ,'~,~",,':'.: ""-"',-.. ,'~ -' ,;,,,\;,,,~,,,,,,~,_--x__>,,~ ,", 4. A hearing regarding this Petition for Special Relief is hereby scheduled for the J. ~ day of O,-taM ,2000 at '1-: OD o'c1ockt.M in Couctroorn NumberS , Cumberland County Courthouse, Carlisle, Pennsylvania 17013, at which time the parties along with their legal counsel, shall appear in person. t~1I]aJl 10 -),0 -00 ~X~ o \;; ?2~r Z[n'- ~ L-::: j~: ,--, ;;~ .-(~ "~ ::-) --i [';,,) c,:; \,D . , -'- " ~, -_I 7'~--_" - - ,_, ' ,-- '. ~ ' " __ 1'-.,0_ I'-''w''~.'._;" -- ,---"~" .,""--,,;-,-,,.,C;, '<'_ ",j;,,;~~, ~ ."'.'30'1,,';" __-; "'-"-;"':,':-, . . SHA WNY R. BEALL, Plaintiff/ Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY : sf : NO.tv- 73 CIVIL TERM NICHOLAS A. FALVO, Defendant! Respondent PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.c.P. 1915.13 AND NOW, this ~ day of -06~ btV ,2000, pursuant to Rule 1915,13 of the Pennsylvania Rules of Civil Procedure, carnes the Petitioner, Shawny R. Beall, by her attorneys, the Family Law Clinic, seeking emergency custody of the minor child, Destany Meshel-Anne Beall, born February 18, 2000. In support of her Petition for Special Relief, Petitioner avers as follows: 1. The petitioner is Shawny R. Beall, an adult individual who currently resides at 10 Run Road, Newville, Cumberland County, Pennsylvania 17240. 2. The respondent is Nicholas A. Falvo, an adult individual who resides at 131 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania 17013. 3. The petitioner is the biological mother (hereinafter "Mother") of the eight-month old minor child, Destany Meshel-Anne Beall, born February 18,2000 (hereinafter "Destany"). 4. The respondent is the biological father (hereinafter "Father") of Destany. C[,c" . . 5. Mother has been the primary caretaker of Destany since her birth, having done most of the changing of diapers, bathing, dressing, and feeding ofDestany. 6. Until Wednesday, October 18, 2000, Father and Motherresided together at 131 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 7. On Wednesday, October 18, 2000, Mother and Father had a physical altercation at their residence. 8. Mother and Destiny then spent the night at a friend's horne. 9. On Thursday, October 19, 2000, Mother intended to permanently leave the residence that she shared with Father and intended to take Destany with her. 10. On Thursday, October 19, at 7: 10 a.ill., Mother dropped Destany off at St. Paul's United Church of Christ which provides day care for Destany. Mother intended to pick up Destany at 3:30 p.rn., as she does every week day. 11. After dropping Destany off, Mother called the Pennsylvania State Police and asked them to accompany her to 131 Simmons Road, Mechanicsburg, Pennsylvania, to retrieve all of her belongings, including those for the care of Destany. At approximately 9:00 a.ill., Mother went with the State Police to retrieve these iterns. 12. While retrieving her belongings, Father entered the home. Mother did not speak to him. The State Police talked with him, and Father told the police that all ofDestany's belongings were his. Father then left the home. 13. Mother then retrieved all of her belongings, including those for the care of Destany, and left the home permanently. ", ",I, _ . '-'~,",''''~''' ,-",," '_~ -_'-L "-'":-'~i:~;,<',J;"-~',,;,-,,..,- ,'. ''', xi . 14. At approximately 9:45 a.ID. Mother received a call frorn St. Paul's Day Care, telling Mother that Father had rernoved Destany from the day care. The day care provider told Mother that they asked Father if had a car seat and he indicated that he did, so they allowed him to take Destany. Upon information and belief, unless Father bought a new car seat, Father does not have a car seat for Destany. 15. Mother is very concerned for the safety and well being of her child. 16. Father did not inform Mother that he intended to take Destany out of day care, and Father has never done so in the past. Since removing Destany frorn St. Paul's, Father has not made any contact with Mother. 17. Mother has not seen Destany since Thursday, October 19, 2000, at 7:10 a.m. Mother picks Destany up frorn the day care provider at approximately 3:30 p.rn. every day. Father never picks Destany up frorn the day care provider. 18. Father disrupted the status quo by removing Destany from Mother's care and affection, without any notice to Mother. 19. Mother works at Clarernont Nursing Home in Carlisle, Pennsylvania, during the day, 30 - 40 hours per week. When Mother is working, the day care provider cares for Destany. When Mother is not working, she cares for Destany. 20. Father works nights, which include 40 plus hours per week, at Outback Restaurant in Mechanicsburg. During the day, he normally does not care for Destany. 21. Based upon Father's schedule, Destany wi1l1ikely be in the care and custody of a non- parent when Father goes to work. ,-",,-,",,', . . . 22. Mother believes and avers that it is within the best interests of the rninor child that Mother be granted ternporary legal and ternporary sole physical custody of Destany, until further Order of Court, because she has been the primary caretaker of Destany since the child's birth, because she is better able to care for her eight month old daughter, because she, a parent, should be allowed to care for her child when she is not working, rather than a non-parent babysitter, because Father disrupted the status quo by removing Destany from Mother's care. WHEREFORE, the petitioner, Shawuy R. Beall, respectfully requests that this Honorable Court enter an Order against the respondent, Nicholas A. Falvo, granting Petitioner ternporary legal and sole physical custody of Destany, ordering Respondent to return Destany immediately to Petitioner, providing that the Sheriff serve the Order on Respondent and effectuate the immediate return of the child, and setting this matter for a hearing. Respectfully subrnitted, C>c...--h> b..r l '\ I L.oc::>D Date r----: J L 1_ / R~'. RAINS V .., THOMAS M. PLACE TERI 1. HENNlNG Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 __,',','"",.e,, _ "-';;.- ,<~ ...- ,,",~I-- , -"__ ~-~\..;~ ' '__ ,.,,-' _ '\ " - ,"<i,'"':,"~,,,,-,,,,^,.,,,,,~- '0 ~-, ~' '", 'Li . VERIFICATION I verifY that the staternents made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, inforrnation and belief. I understand making any false staternent would subject me to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. r-- Date: ~ '>'~ ~""';:-.' '~''':::::::..~~- " Iii~'"'-""" '~',..........~.~~d,,,,," ~- '"",< ,~, ~,l~.<,~, "-<- n~~"'''''"'~''';'';''''~'"~~ -"^" ~,,," ,,_0", '''''<Oh'''' ~~i L',: r- C,' -< r: ' ::.::;~: '-, - ;i(~ ~S' r::! z -] '~<. ~,~ ,~, . o ~; .-::::l ;..) '-.0 :.,-) ,-, ~ r .,~~..I . "'. l_ ~ '. " ;'"'ii; . SHAWNY R. BEALL, Plaintiff . . IN THE CDURT OF CDMMON PLEAS OF CUMBERLAND CDUNTY, PENNSYLVANIA . . : vs. . . NO. 00-7358 CIVIL TERM . . NICHOLAS A. FALVO, Defendant . . CIVIL ACTION - LAW IN CUSTODY : OODER OF <XXlRT AND NCli, this 1""" day of ~ , 2000, upon consideration of the attached CUstody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 24, 2000 is vacated and replaced with this Order. 2. The Mother, Shawny R. Beall, and the Father, Nicholas A. Falvo, shall have shared legal custody of Destany Meshel-Anne Beall, born February 18, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The parties shall share having physical custody of the Child on an alternating weekly basis with the exchange of custooy to take place each week on Friday at 5:45 p.m. The Father shall have custody of the Child beginning on Friday, October 27, 2000. 4. The parent who is receiving custody of the Child on Friday shall pick up the Child frcm day care or, if the Child is not at day care, the parent receiving custody shall pick up the Child at the Child's location at 5:45 p.m. 5. The parent who has custody under the regular alternating weekly schedule on the Child's birthday, Thanksgiving, Christmas and Easter Sunday, shall make the Child available to the other parent for a reasonable amount of time for the holiday. 6. The parties anticipate that the Father will be incarcerated beginning in mid-November, 2000, for a period of time which has not yet been determined. The partial custody arrangements set forth in paragraph 3 of this Order shall be suspended at the time of the Father I s incarceration and shall be automatically reinstated at the time of the Father's release frcm incarceration. 7. During the period of the Father I s incarceration, the Father shall have periods of visitation with the Child for up to 4 hours at least 1 time per week and at any other times arranged by agreement of the parties. During the Father's incarceration, the Child shall be transported, for - I .,', "_.1 '- purposes of visitation with the Father, by the Mother, the paternal grandparents or other adult designated by agreement of the parties. 8. The non-custodial parent shall be entitled to call the other parent to receive reasonable reports as to the welfare of the Child. 9. Each party shall keep the other party advised of his or her current address and telephone number on an ongoing basis. 10. Each party shall notify the other of all medical care which the Child receives while she is in that parent's care. Each party shall notify the other irrnnediately of any medical emergencies which arise while the Child is in that parent's care. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child I S love and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact with the Child comply with this provision. 12. 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. Guido, ~ /I ~~ .00 f.,... \\'"1 ~ cc: Andrew C. Sheely, Esquire - Counsel for Father Marcy E. wright and Ted L. Henning, Esquire - Counsel for Mother ~- ~, " 'Ilil ';!tl'--' "-"~';';:'~.-l.~~,;;;i~~rGli:iliMl1llii~~~4iWr;i"ill>;I~~"~" c. 'v'iN\li\lASNN3d }J_NnO~: (1\i\'lHj8i'\1n::J 'It :01 H'1 i. - (ION 00 :JD ,\",0. ~ , .",.," "~,~~ ",m~~, ~, .. _r~ ,~" _ ,,', 0'. ~ -,,~ ,~ ~ , , , 'Mij~"""'" -~ ....~"- .,- ~~ iliiiliililii' I!t -. , ~" -,"" --~' ~k" ~ SHAWNY R. BEALL, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : vs. : NO. 00-7358 CIVIL TERM . . NICHOLAS A. FALVO, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido CUSTODY <nICILIATIOO SUMMARY REPORT IN ACCCIIDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, 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 CURREIIlTLY IN CUSTODY OF Destany Meshel-Anne Beall February 18, 2000 Father/Mother 2. A Conciliation Conference was held on November I, 2000, with the fOllowing individuals in attendance: The Mother, Shawny R. Beall, with her counsel, Marcy E. wright and Teri L. Henning, Esquire, and the Father's counsel, Andrew C. Sheely, Esquire. The Father, Nicholas A. Falvo, consulted with his counsel by telephone during the Conference. 3. The parties were able to reach an agreement at the Conference as to ongoing custody arrangements for the Child. The parties agree, that despite his impending incarceration for certain charges listed in 23 Pa. C.S.A. ~5303 involving a minor 4 years younger than the Father, the Father does not pose a risk of harm to the Child. The parties further agree that the Father may have periods of partial custody with the Child without the need for supervision by another adult. 4. The parties agree to entry of an Order in the form as attached. ~A~ ,1, .).&.".) Date . II" ~~ J~ Dawn S. Sunday, Esquire Custody Conciliator tion for Sum- ranted. See [] 11 Pa. 564, 664 Gt's attention to e case doctrine, y the obligation without SUPPOrt ~tarr : these principleS . rule or the law now subsumed d only in excep- as where there change in the ial change in the >e to the dispute he prior holding d would create a ed. 1382. The trial udge Ott, as not- 'money dmnages" lakers' requested 'lISOns essentially , the Bakers bad are entitled to no idressed this con. election of reme- ~ted summary :e defendants, the ough the pleading nsaction that they <cission and resti- (es and attorney's. ,efore Judge Ott, . there existed at ! of material fact that Cambridge 3 a matter of law. laI'y judgment for \'Ould be proper if this issue. as she we do harbor liters had pled deed to them in mt of Cambridge, ~ction of remedies. I r < and who was placed in legal custody of Chil- dren and Youth Services (CYS). The Court of Common Pleas, Huntingdon County, Civil Di. vision, No. 97-1347, Kurtz, J., di""l;....g grandmother's complaint for custody, and she appealed. The Superior Court, No. 30 Harrisburg 1998, Hester, J., held that grand- mother bad standing to seek custody of her grandchild. Reversed and remanded. Joyce, J" filed dissenting opinion. MARTINEZ v. BAXTER Fa. 775 C1te..ns A.2d m (P..s_. 19991 as well as in her capacity as agent for the parents' care as result of shaken baby syn- bank defendants. Cambridge bad certainly drome, who WlI8 declared dependent child, 1. Pleading *"187 Preliminary objections, the end result of which would be dismissal of a cause of action. should be sustained only in cases that are clear and free from doubt; test is whether it is clear and free from doubt, from aD of the facts pleaded, that the pleader will be unable to prove facts legally sufficient to establish his right to relief. 2. Pleading *"187 To detennine whether preliminary ob- jections have been properly sustained, Supe- rior Court must consider as true aD of the well-pleaded material facts set forth in appel- lant's complaint and aD reasonable inferences that may be drawn from those facts. 3. Parent and Child *,,2(5) Grandparents occupy favored position among other third plirties in child custody disputes and have standing to petition for physical and legal custody from natural par- ent, provided that grandparent has assumed a parental role with respect to child for twelve montha, or has assumed responsibility for child found to be dependent, or has deemed it necessary to assume responsibility for a child at risk due to parental abuse. 23 Pa.C.SA. 9 5313. 4. Infants *"232 Fact that child had been declared depen- dent did not negate the fact that his paternal grandmother deemed it necessary to assume responsibility for child who was substantially at risk due to parental abuse for purposes of signed over title to Metze! prior to signing it over to the Bakers. The Cambridge defen- dants steadfastly maintain that Boardman did this innocently and mistakenly. The Bakers' discovery includes material that would seem to support the view that this was not the case. Suffice it to say that this fact is material,. goes to the heart of the' fraud pled against Cambridge, and creates doubt. There are many other such material doubts as to the Cambridge defendants which should be resolved at trial. not by way of summary judgment. Therefore, we reverse the May 21. 1998 order granting summary judgment in favor of the Cambridge defendants, rein- state the amended complaint as to them, and remand for trial. V 68 All pre-triaI orders granting sum- mary judgment or sustaining preliminary ob- jections as to aD defendants are reversed. The amended complaint is reinstated as to aD original defendants, except for the final two counts voluntarily withdrawn by the Bakers. The case is remanded for trial against aD defendants. Jurisdiction is relinquished. w o i U'I NUMBllSYmM 1999 PA Super 16 Rita MARTINEZ, Appellant, v. Barbara S. BAXTER, Guardian Ad Litem for Tyler Martinez, Huntingdon County Children's Services, Mary Ellen "Eve- lyn" Martinez, Mother, Norman Michael "Mike" Martinez, Father, John and Jane Doe, Foster Parents, Appellees. Superior Court o{Pennsy!vania. Argued Sept. 2, 1998. Filed Jan. 22, 1999. Reargument Denied March 30, 1999. Grandmother sought custody of her grandchild. who suffered injuries while in his 776 Pa. 125 ATLANTIC REPORTER, 2cII SERIES grandparent visitation and custody statute; parental rights of child's mother bad not been terminated or relinquished, and it was poSSIble that she might seek reunification with child. 23 Pa.C.SA!i 5313(b)(3). 5. Infants <l=192, 222, 232 Grandparent visitation and custody'stat- ute allows grandparent to seek custody Over the status of third parties who have no famil- ial relationship with child, and statute does not deprive grandparent of this privileged status merely because Children and Youth Services (CYS) has stepped in before the grandparent has bad an opportunity to assert her interest in raising her grandchild. 23 Pa.C.S.A. !i 5313. 6. Infants <l=232 Grandmother had standing to seek cus- tody of grandchild, who suffered injuries while in his parents' care as result of shaken baby syndrome, who was declared dependent child. and who was placed in legal custody of Children and Youth Services (CYS): fact that grandchild had been declared dependent and that CYS had stepped in before grandmother had bad opportunity to assert her interest did not deprive her of standing. 23 Pa. C.SA !i 5313. Elaine J. Novacco, Warriors Mark, for ap- pellant. Peter McManamon, Huntingdon, for Hun- tingdon County Children's Sel'l'ices, Appel- lee. Before JOYCE and HESTER, JJ. and CIRILLO. President Judge Emeritus. HESTER. J.: ~ 1 Appellant, Rita Martinez ("Grand- mother"), appeals n'Om an order of the Hun- tingdon County Court of Common Pleas in which the trial court sustained the prelimi- l1lIlJ' objections of the guardian ad litem of her grandson, Tylm' Martinez, and dismissed Appellant's complaint for custody of Tyler. Upon review, we reverse and remand for further proceedings. ~ 2 Appellant is the paternal grandmoth- er of Tyler Martinez, who was born March 9, 1996. Tyler resided with his parents from his birth until June 19, 1996, when he was rnshed to a Huntingdon hospital. He later was transferred by helicopter to Hershey Medieal Center. Huntingdon County Chil- dren and Youth Services ("CYS"J obtained an emergency protective order so that T.YIer would not be returned to his parents' home. Apparently, Tyler suffered grievous injuries whlle in his parents' care as a result of Shaken Baby Syndrome. Tyler's mother pled guilty to endangering the welfare of a child. With his parents' consent, Tyler was declared a dependent child on July 16, 1996, and legal custody was awarded to cys. T.YIer was placed in a foster home where he re- mains today. Grandmother has been afford- ed visitation with Tyler. The present goal in the dependency action is adoption. '3 On September 2, 1997, Grandmother tiled a complaint for custody, and both ty- ler's guardian ad litem, Barbara S. Baxter ("Guardian'1, and CYS tiled preliminary ob- jections to the complaint. They challenged Grandmother's standing to seek custody. Following argument on October 30, 1997, the common pleas court sustained the prelimi- nary objections and dismissed Grandmother's complaint for custody on November 13, 1997; this appeal followed. [1,2] V 4 We set forth our scope of re- view: Preliminary objections, the end result of which would be dismissal of a cause of action, should be sustained only in eases that are clear and free from doubt. Boker v. Brennan, 419 Pa. 222, 225, 213 A.2d 362, 364 (1965). The test on preliminary objec- tions is whetherlt is clear and free from doubt from all of the facts pleaded that the pleader will be unable to prove facts legal- ly sufficient to establish his right to relief. Firing I'. Kephart, 466 Pa. 560. 563, 353 A2d 833, 835 (1976). To determine wheth- er preliminary objections have been prop- erly sustained, this Court must consider as true all of the well-pleaded material facts set forth in appellant's complaint and all reasonable inferences that may be drawn from those facts. Feingold v. BeU of Pennsylvania, 477 Pa. 1, 4, 383 A.2d 791, 792 (1977); Pennsylvania Liquf7r Control parents frolll when he was tal. He later r to Hershey County Chil- YS") obtained , so that Tyler larents' home. ievoUll injll1ies s a result of ',vIer's mother e welfan! of a ent, Tyler was July 16, 1996, to CYS. Tyler where he re- 18 been aft'ord_ present goal in cion. " Grandmother . and both Ty_ lara S. Baxter lreUminary ob- hey challenged seek custody. or 30, 1997, the !d the prelimi- Grandmother's 'mber 13, 1997; ur scope of re- le end result of of a caUlle of j only in cases 1 doubt. Baker 5, 213 A2d 362, ,liminary objec- . and free from >leaded that the 'we facts legal- right to relief. . 560, 563, 353 termine wbeth- l,'e been prop- ust consider as material facts Iplaint and all may be drawn ld v. Bell of 383 A.2d 791, .iquar Ccmtrol MARTINEZ v, BAXTER . Pa. 777 . Cl....ns A.U 175 (P~. (999) Board v. Rapi$tan, Inc., 472 Pa. 36, 371 A 1996 amendment revised the heading, des- A2d 178, 181 (1976). ignated the former text as subsection (a), and Bower v. Bower, 531 Pa. 54, 56-57, 611 A.2d added subsection (h). 181, 182 (1992). , 6 The trial court determined that , 5 This case concerns the interpretation G1'llJIdmother '~acked standing to bring this of 23 Pa.C.S. ~ 5313 which we will set Corth action and therefure sustained the objection in full:' of [Guardian]." Trial court opinion, 1/26198, _ . at 4 , 20. In supporting its decision, the trial ~. 5313. When grandparents may pall- court ooncluded that subsection (a) was not lion applicable herein, and we agree. Secondly, (a) Partial custody and visitation.-If an the trial court concluded that Grandmother lIJlIfUUTied child bas resided with his met the criteria oC (h)(1) and (2) in that she grandparents ur great-grandparents for a pled she had genuine care and concern for period of 12 months or more and is subse- Tyler and her relationship with Tyler began quentIy removed from the home by his with the consent oC one of Tyler's parents. parents, the grandparents or great-grand- Id. at 7. Finally, the trial court examined parents may petition the court for an order subsection (3) and concluded that Grand- granting them reasonable partial custody mother did not plead the existence of one DC or visitation rights, or both, to the child. the three sets oC circumstances set Corth in The court shall grant the petition ifit finds subsection (b)(3). The trial court stated: that visitation rights would be in the best The first is that he or she for 12 months interest of the child and would not inter- has assumed the role and responsibilities fere with the parent-child relationship. of the child's parent. The second alterna- (b) Physical and legal custody.-A tive that confers standing is that the peti- grandparent has standing to bring a peti- tioner has assumed the responsibilities Cor tion for physical and legal custody of a a child detennined to be dependent. The grandchild. If it is in the best interest of third circumstance is when the grandpar- the child not to be in the custody of either ent "deems it necessary to assume respon- parent and if it is in the best interest oC sibility for a child who is substantially at the child to be in the custody of the grand- risk." parent, the court may award physical and Finally, if all of the above criteria are legal cUlltody to the grandparent. This established, the grandparent nonetheless subsection applies to a grandparent: must prove that the best interest of the (1) who has genuine care and concern for child would be served by an award of the child; ph}'Sical and legal custody to the petition- (2) whose relationship with the child began ing grandparent. with the consent of a parent oC the child or Id. pursuant to an order of court; and ~ 7 In her complaint for custody, Grand- (3) who Cor 12 months has assumed the mother asserted that she "deemIedl it neces- role and responsibilities of the child's par- sary to assume responsibility for the Child ent, providing for the physical, emotional due to the adjudicated guilt oC the Child's and social needs of the child, or who as- Mother, the Defendant Mary Ellen 'Evelyn' sumes the responsibility for a child who Martinez for, inter alia. Endangering the has been detennined to be a dependent Welfare oC a Child, namely Tyler Martinez." child pursuant to 42 Pa.C.S. Ch. 63 (relat- Complaint for Custody, 9/2197, at 4. ing to juvenile matters) or who assumes or '8 The trial court agreed with the deems it necessary to assume responsibili- Guardian's interpretation oC 23 Pa.e.S. ty Cor a child who is substantially at risk ~ 5313(b)(3), that Tyler was not at risk since due to parental abuse, neglect, drug or he had been declared dependent and had alcohol abuse or mental illness. The court been placed in the legal and physical custody may issue a temporary order pursuant to of CYS. The trial court continued that in its this section. judgment. ,,[Tlhe intention of the legislature 778 Pa. '/25 ATLANTIC REPORTER, 2d SERIES was clear and unambiguous, and the words, '_umes or deems it necessary to assume responsibility for a child woo is substantially at risk' connotes a situation where there is a present threat of immediate harm." Trial Court Opinion, 1/26/98. at 8 (emphasis in original). We disagree. [3, 41 ~ 9 Subsection (b) obviously was added to give grandparents a preferential status as to other third parties in custody disputes. Grandparents occupy a favored position among other third parties in custody dis- putes, and have standing to petition for physical and legal custody from a natura1 parent, provided that the grandparent has assumed a parental role with respect to the child for twelve months, or who as- sumes responsibility for a child found to be dependent, or who deems it necessary to assume responsibility for a child at risk due to parental abuse, neglect or illness. Wilder. Pa. Family Law Prac. And Proc. (4 th ed.), ~ 28-4 at 340 (footnotes omitted). That Tyler has been declared dependent does not negate rhe fact that Grandmother "deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse." 23 Pa.C.S. ~ 5313(b )(3). Otherwise. anytime CYS sought dependent status for a child. a grandparent's ability to seek custody of his grandchild would be negated. in clear opposition to the mandate of this statute. ~ 10 Standing to petition for physical and legal custody pursuant to 23 Pa.C .S. ~ 5313(b) is automatically conferred by virtue of the familial relationship, grandparent to grandchild. Indeed, that subsection states at the outset, "A grandparent has standing to bring a petition for physical and legal custo- dy of a grandchild." ld. The circumstances set forth in subsections (1), (2), and (3) are questions of fact to be resolved by the tlial court after a healing held to determine "[I]f it is in the best interest of the child not to be in the custody of either parent and if it is in the best interest of the child to be in the custody of the grandparent... ." 23 Pa.C.S. ~ 5313(b), ~ 11 We agree with Grandmother's obser- vation that the legislative intent in enacting the new stat. ute is obviously to provide a basis. and procedure for a grandparent to obtain physical and legal custody of a grandchild in the unfortunate cireumstances confront- ing many grandparents today: when their . .~. own children or individuals in their -clIiI; dren's households are abusive or neglectClii to their grandchildren, whether due to al- cohol or substance abuse or mental illness- es resulting therefrom. The court is pr0- cedurally authorized to hold a hearing and enter appropriate orders to provide for the best interest of the grandchild in those unfortunate cireumstances. AppelJant's brief at 10. ~ 12 Grandmother sought physical and le- gal custody or partial custody or visitation with Tyler under 23 Pa.C.SA 5313(b). In paragraph seven of. her complaint for cust0- dy, Grandmother set forth her relationship to Tyler, that she has genuine care and CODCerll for Tyler, that her relationship with Tyler began at his birth with the consent of both parents. and that due to the adjudicated guilt of Tyler's mother for endangering his wel- fare. Grandmother deemed it necessary to assume responsibility for Tyler. It is of no moment that Tyler has been declared a de- pendent child. The parental rights of 'tyler's mother had not been terminated or relin- quished. It is possible that she may seek reunification with Tyler. Thus. Grandmoth- er deemed it necessary to assume responsi- bility for a grandchild perceived to be sub- stantially at risk due to parental abuse, and she tiled her complaint pursuant to 23 Pa. C.SA 5313(b). [5] ~ 13 This subsection is a clear man- date which allows a grandparent to seek custody, indeed to have standing to do so, over the status of third parties who have no familial relationship "ith a child. We will not interpret this statute to deprive grand- parents of this prnileged status merely be- cause CYS has stepped in before the grand- parent has had an opportunity to assert her interest in raising her grandchild. [6J ~ 14 Grandmother did not have the opportunity to be heard on her petition and did not have an evidentiary determination as BROADWATER v. SENTNER ctteu 725 A.2d 719 (Pa.Super. 1999) to whether it was in the best interests of .1999 PA Super 24 1!'1e~ to be placed in. her ~tody. The Stella BROADWATER, Administratrix of disnussal of the complaint, premised upon a the Estate of Soon Michael P .' t D I k f tandin . cl'" - am er, e- ac 0 S g, 18 a ear uusmterpretation ceased, on Behalf of the ESTATE OF of the very clear statutory mandate of 23 Sean Michael PAINTER, Deceased, d Pa.C.S. ~ 5313(b), which states in unequivo- Stella Broadwam an individual' anh at tenns "A d has ding . m er c :'gran parent stan to own right, Appellants bring a petition for physical and legal cust0- dy of a grandchild." Thus, the trial. court erred in dismissing Grandmother's complaint for lack of standing. ';r'- ing the new stat,. lide 9, basis and Jarent to obtain 'y of a grandchild lStances confront,. .oday: when.their la\s in their' cluJ. llSive or negleetful vhether due to ai- or mental illness- The court is pro.. lold a bearing and . to provide for the 'andchild in those 313. Y 15 Order reversed; case remanded for proceedings consistent with this Opinion. Jurisdiction relinquished. ;ht physical and le- ,tDdy or visitation ~.S.A. 5313(b). In Jmplaint for custo- her relationship to e care and concern :onsmp with Tyler he consent of both Ie alljudicated guilt dangering his wel- ,d itnece88ary to Tyler. It is of no een declared a de- tai rights of'l'yler's rminated or relin- chat she may seek Thus, Grandmoth- o assume responsi- =rceived to be aub- olU'ental abuse, and pursuant to 23 Pa. Y 16 JOYCE, J., Files a Dissenting Opinion. JOYCE, J., dissenting. Y 1 I respectfully dissent from the major- it)' opinion. I agree with the trial court's interpretation of the statute in that the grandmother failed to establish that she had standing pursuant to 23 Pa.C.S.A. ~ 5313. Under the relevant section, the grandparent must show that for 12 months she has as- sumed the role and responsibility for a child who is substantially at risk, or deelDS it necessary to assume responsibility for a child who is substantially at risk. 23 Pa.C.S.A. ~ 5313(b)(3). The grandmother did not as- sume responsibility of the child prior to the child being adjudicated dependant. Further- more, because the child was already taken out of the parents' home, the child was no longer at risk. The plain meaning of the statute does not provide standing for the grandparent in this case. rion is a clear man- 'andparent to seek standing to do so, )arries who have no 1 a child. We will , to deprive grand- ! status merely be- G before the grand- tlmity to assert her ndchild. :1' did not have the Dn her petition and ry detennination as w o ~ kn"NUH8ffl SYSTEM T " Pa. 779 <I i I , ; i I ., .il I. i'! I II. v. Fred J. SENTNER, an individual and Edward Jamt!If Deems. an individual, Appellees. . , ! Superior Court of Pennsylvania. Argued Oct. 28, 1998. Filed Feb. I, 1999. Reargument Denied April 1, 1999. After deceased minor child's purported natural father withdrew his petition to re- voke letter of administration that had been granted to child's maternal grandparents, grandmother, as administratrix, brought ac- tion against purported father's attorney for wrongful use of civil proceedings. Following remand, the Court of Common Pleas, Fay- ette County, Civil Division, No. 1949 of 1995 G.D., Wagner, J. granted summary judg- ment for attorney. Administratrix appealed. The Superior Court, No. 936 Pittsburgh 1998, Joyce, J., held that fact questions as to whether purported father had probable cause to file petition. and as to attorney's motives in tiling petition. precluded summary judg- ment. Reversed and remanded. Ford Elliott, J., dissented. ~ (t !1 I' I :. ., ! , , J i , ! 1. Appeal and Errore=ol097(1) Where reviewing court had already de- tennined in action for wrongful use of civil proceedings that the underlying proceedings had terminated in plaintiffs favor. this was the law of the case and reviewing court was precluded, on appeal'following remand. from reviewing the issue. 42 Pa.C.SA ~ 8351. 2. Malicious Prosecution e=o15 A showing of probable cause to institute proceedings against a plaintiff establishes an LAW OFFICES SNELBAKER. BRENNEMAN & SPARE SHA WNY R. BEALL, Plaintiff v. NICKOLAS A. F AL YO, Defendant AND NOW, this day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 00-7358 CIVIL TERM : IN CUSTODY ORDER , 2000, upon consideration of Katherine M. Falvo's Petition For Leave to Intervene and Special Relief, said Petition is GRANTED and Katherine M. Falvo is hereby granted leave to intervene in this child custody action. ~!flIZ, 51 f1fC L }1:cf/iCS f..r/S :;reiffil rYf / lfi 'r/( 9/7fl (1 () tn() ._ BY THE COURT: J. >-'...,.",-~~,-" j,.-- - '_",.c_"-""_",-, SHA WNY R. BEALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NICKOLAS A. F AL VO, Defendant : NO. 00-7358 CIVIL TERM : IN CUSTODY ORDER AND NOW, this .;)i./INI day of ()~ , 2000 upon consideration of the Petition for Leave to Intervene submitted by Petitioner Katherine M, Falvo, it is hereby ORDERED that a RULE is issued upon Respondents Shawny R, Beall and Nickolas A. Falvo to show cause, if any they should have, why the relief requested in the foregoing Petition should not be granted. RULE RETURNABLE at a hearing to be held on the 3,+4-- day of O~ 2000 at h: 30 o'clock A. .m. in Courtroom No. S of the Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. ~T f\ . ~ 0 L~O _d'J'O I~ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE II II ,..;.~ ," -,;" -'-'>." ., ~"-"v;",""" .. ""'''''' ,.-.- . " --" .. ., -' .- ., ;,I'. , .. :;,,~r . .- __'_",;.c_ -,.,..,~,,':","-""~-"'- -. \-,iii<'i,'\lJ,SI\!~33 !\Jr\f:;,~~,'-" . '-:---/'J:l:,] '1'; V J,V :\'; .:~ l:JJ ": " . ~ .' ," ",~" ., ,'^~ ,~- '<, ',"'~" .- ~?'" , LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ~ ~ -- ';-~ ",... ,.,-, - '. ~'" _;'C.' ,;"'- .- "',.,",-- ;.'n-,-",c,o','''-- SHA WNY R. BEALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NICKOLAS A. FALVO, Defendant : NO. 00-7358 CIVIL TERM : IN CUSTODY ORDER AND NOW, this 'I ,,] :,'1 II II I ,; I: :1 ~ i ,I 11 Ii 'I :,j day of , 2000, after hearing, it is ORDERED and DIRECTED that the status quo for the minor child, Destany Meshal-Anne Beall, born February 18, 2000 be rnaintained as follows pending a custody conciliation conference: 1. Shawny R. Beall, Nickolas A. Falvo, and Katherine M. Falvo shall share legal custody of Destany; 2. Primary physical custody ofDestany is awarded to Katherine M. Falvo; and 3. Shawny R. Beall and Nickolas A. Falvo shall enjoy unlimited visitation (as defined in [,I Pa.R.C.P. 1915.1(b)) with Destany. I; BY THE COURT: " 1. II " II LAW OFFICES SNELBAKER. BRENNEMAN & SPARE SHA WNY R. BEALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NICKOLAS A. F AL VO, Defendant : NO. 00-7358 CIVIL TERM : IN CUSTODY PETITION FOR LEAVE TO INTERVENE AND SPECIAL RELIEF AND NOW, comes KA THERlNE M. F AL VO, by her attorneys, Snelbaker, Brenneman & Spare, P. C. and petitions your Honorable Court for leave to intervene and special relief as follows: 1. Petitioner is Katherine M. Falvo residing at 131 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondents are Plaintiff, Shawny R. Beall ("Mother"), currently purportedly residing at 10 Run Road, Newville, Cumberland County, Pennsylvania 17240 and Defendant, 1__ , Nickolas A. Falvo ("Father"), residing at 131 Simmons Road, Mechanicsburg, Pennsylvania 17055. 3. Petitioner seeks custody of Destany Meshel-Anne Beall, an eight-month old minor child born February 18,2000. 4. The child was born out of wedlock. 5. The child is presently in the custody of Mother and Father pursuant to an October 19, 2000 Order of Court. From birth until Friday, October 20, 2000, the child resided with the following persons at 131 Simmons Road, Mechanicsburg, Pennsylvania: Katherine M. Falvo Anthony M. Falvo I' II - ~\ ',," , ,; ~'-"> ;'-'_._", '''Ot'c.__>, _, ,,:~~"-'.i-,', 'e_ Catlin Falvo (age 15) Aidan Falvo (age 18) Nickolas Falvo (age 21) Shawny Beall (age 19) . The mother ofthe child is Shawny Beall, who since Thursday, October 19, 2000 has resided at 10 Run Road, Newville, Pennsylvania with persons unknown to Petitioner. She is single. The father of the child is Nickolas A. Falvo, currently residing at 131 Simmons Road, !~1 I), Mechanicsburg, Pennsylvania. He is single. I:! '" I;; I,~ i '~ 4. The relationship of Petitioner to the child is that of paternal grandmother. The [-j I,' !;~ I"~ Petitioner currently resides with the following persons: Name Relationship Anthony M. Falvo Husband Catlin Falvo Daughter Aidan Falvo Son Nickolas Falvo Son I 5. Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 6. The best interest, safety and welfare of the child will be served by allowing Petitioner to intervene in this proceeding and granting temporary physical custody because: a. Petitioner has been the child's primary caretaker since birth; LAW OF"FJCES SNELBAKER. BRENNEMAN & SPARE b. Mother is not sufficiently mature or responsible enough to care for the child's basic needs; -2- il II 11; r-: i:' li-, c. Father will be unable to care for the child for approximately six (6) months , ie' beginning in mid-November, 2000 due to his pending incarceration in York County. d. For the safety and welfare of the child, the status quo since birth should be " f' r;; ii I ~': F t maintained. !:; e. The child would be substantially at risk if Mother were to have physical t:; custody ofthe child. WHEREFORE, Petitioner, Katherine M. Falvo, respectfully requests your Honorable i; , Court to allow her to intervene in this proceeding and to grant Petitioner immediate temporary i' i. i: physical custody and shared legal custody of Destany Meshel-Anne Beall pending a custody I j', conciliation conference. SNELBAKER, BRENNEMAN & SPARE, P. C. i I i I I i i' 1-: !-- Respectfully Submitted, BY 'd~ Ph ip H. pare, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Katherine M. Falvo i: , " j; i' Date: October 24, 2000 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -3- ii .JL LAW OFFICES SNELBAKER, BRENNEMAN & SPARE VERIFICATION I verifY that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.~904' Date: October 24, 2000 relating to unsworn falsification to authoritie i': !;i ~::