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HomeMy WebLinkAbout01-0517 FX ~.. "~_<_ "_<.'.h~"_.~" "'~..-_ =_',__,,__, _,_, ..".~., "<~,, -- -'~ ,"' ~- ,^-w,_' -";i:: STEPHANIE A. DECKER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0/- 6/1 C:viJ r~ DAVID A. DECKER, Defendant IN CUSTODYNISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Stephanie A. Decker, an adult individual who resides at 4166 Kittatinny Drive, Mechanicsburg, Cummberland County, Pennsylvania 17055. 2, The Defendant is David A. Decker, an adult individual who resides at 8 Devonshire Square, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff seeks custody of the following child: Name Present Residence A~e Rachel D. Decker 4166 Kittatinny Drive Mechanicsburg, P A 17055 13 The child was not born out of wedlock. The child has lived primarily in the custody of Stephanie A. Decker who resides at 4166 Kittlltinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, but has regularly visited with David A. Decker who resides at 8 Devonshire Square, Mechanicsburg, Cumberland County, Pennsylvania 17055, since the time of the parties' divorce seven years ago. 4. During the past five years, the child has resided in 1150/50 custody arrangement with both parents as follows: A. 1994 - present: Stephanie A. Decker (Plaintiff) and Rachel Decker reside at iJ 4166 Kittatinny Drive, Mechanicsburg, Pennsylvania. B, 1994 - 1998: David A. Decker (Defendant) and Rachel Decker reside in the basement of Harold and Gloria Decker (parents of Defendant) at 125 Bailey Street, Steelton, Pennsylvania, Also residing at this residence on a 50/50 living arrangement was Patricia Leer, daughter of Harold and Gloria Decker. C. 1998 - present: David Decker (Defendant), Doris Dorosky (girlfriend of " Defendant) and Rachel Deckerreside at 8 Devonshire Square, Mechanicsburg,Pennsylvania. 5. The mother of the child is Stephanie A. Decker, currently residing at d4l66 Kittatinny Drive~ Mechanicsburg, Cumberland County, Pennsylvania 17055, She is divorced. 6. The father of the child is David A. Decker, currently residing at 8 Devonshire Square, Mechanicsburg, Cumberland County, Pennsylvania 17055. He is divorced, 7. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: Name Rachel D. Decker Relationship Daughter 8, The relationship of Defendant to the child is that of father. The Defendant currently resides with the following persons: Name Doris Dorosky Relationship Paramour 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this qr another court. ~ . ~ ~, ~ ~, '-"-~ .' -- '. .,--- ,~ - , ..~~" - "0- ,yc,.'"~ ,n" .. '_' "~"'.">'" ~__,~-.-- .."~,~< ~- 'J,,",~.,';;j; 1') Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The indefinite custody status of this child requires her to balance the conflicting demands of her parents beyond that which is reasonable. B. This child requires a schedule which affords her time with each parent but which provides her with a stable home life. C, The parties require the assistance of the Court to determine the most appropriate method of allocating the time this child spends with each party. II. 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. There are no other persons who are known to have a claim or right to custody or visitation in this matter, ~,,~~ -, _0 _.,,__ ~~ '. '~"'_~~"~'~ -'.--__ "-~ ~'"_m~'^ .~,,~,. '~o' <'~ "-~'..;,;' ,~,_""",__,--__, _'. "~" """,,"\ WHEREFORE, Plaintiff requests the Court to grant custody of the child to the Plaintiff, Stephanie A. Decker, Respectfully submitted, DALEY LAW OFFICES Ka een Carey Daley, s Attorney No. 30078 1029 Scenery Drive Harrisburg, P A 171 09 (717) 657-4795 Attorney for Plaintiff .~"- -- . ~~,-_ .,'~_ ~~w~._~ --, ~~, VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false' statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date,: 9u If, d061 By: M-L ST~HANIE A. DECKER , ,. '<" ,->->, ~ ~"= ," " ~ ~t ~'TEPHANIE A. DECKER PLAINTIFF V. DAVID A. DECKER DEFENDANT IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYL V AN1A 01-517 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 25th day of January, 2001, 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 39WestMainStreet,Mechani~sburg,PA 17055 on the 13th day of February ,2001, at 3:00 p.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 also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TIIE COURT, By: Isl Dawn S. Sunday. ES;~ Custody Conciliatotf\ 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 TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE 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 ....,cnt.~ C\\ vl:f"-0, \'1'..J\(\\lI.q'{ \ '<-";:.,,_ ,-'-'-'iL\n\'l.~) 1r'<1 \ 0;;:: ,,\\y~ \J;J,',j"\ c-..' , ' \. r- \ '3 P'(\ ..,' \)\ ..\~,H '2. ' 0'0",.11'" ~ " ,'\ "\, '\ ,"" 'I,,'J U \J C\J\>po\:.r\V'" \1""\\1'. '?H-\\'\S'{~ f'J' ~ I ;;tJC7( av/. (~ :UkPc/";j: alj ,01f; /. ;2 t) cY Jib"?!;;"" /~'<'t,d/ 7&, fJ;;If- ' / 'YI.{J / {t'/'i' jl/j.~,/ -b. Czffd '~0~ _m, l'""!~... "~" '1lIm_1I1111!~ , """,,,l,..-.,RWIi~rwl"+l~",W_"';:R~f'!'ffi,~q-,>f1'P'~<l~~,;mIII~i!!!l'i~IllQ-,M "I' - , . i - ","'- '.....-- . ~ .. STEPHANIE A. DECKER, plaintiff : IN THE OOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : vs. : NO. 01-517 CIVIL TERM : DAVID A. DECKER, CIVIL ACTION - LAW : IN CUSTODY Defendant ORDER OF COURT AND NCM, this I ~ consideration of the attached and directed as follows: 2.6c,1 , ilClliiIO, upon it is ordered day of --.11Lt?~ d" Custody Conciliation Report, 1. The Mother I Stephanie A. Decker, and the Father, David A. Decker, shall have shared legal custody of Rachel D. Decker, born February 2, 1987. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-ernergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child during alternating weeks from Friday at 4:30 p.m. through Monday morning when the Father shall transport the Child to school. When the Child has a violin lesson on Monday evening, the Father shall pick up the Child after school by 4:30 p.m. and return the Child to the Mother's residence after the violin lesson. When the Father works on Saturday during his period of custody under this provision, the Father shall take the Child to the Mother's home before work at 7:15 a.m. and shall pick up the Child at the Mother's residence after work at 4:30 p.m. The Father's first period of custody under this provision shall begin on Friday, March 2, 2001. B. During the interim alternating weeks, the Father shall have custody of the Child from Sunday at 6:00 p.m. through Monday morning when the Father shall transport the Child to school. When the Child has a violin lesson on Monday evening, the Father shall pick up the Child on Monday after school by 4:30 p.m. and return the Child to the Mother's residence after the violin lesson. The Father's first period of custody under this paragraph shall begin on sunday, February 25, 2001. C. When the Child does not have school on Monday during the school year and on Mondays during the surmner school vacation, the Father shall retain custody of the Child ~"'" 1< -, ;"'4 --- Wli" . through Tuesday morning before work. D. The Father may have custody of the Child at any additional times as arranged by agreement of the parties. E. The Mother shall have custody of the Child at all times not otherwise specified for the Father under this Order. 3. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 4. Both parties may have periods of extended vacation custody each year with the dates to be arranged by agreement of the parties. 5. After following the custody schedule set forth in this Order for a period of at least 3 months, counsel for either party or a party pro se may contact the Conciliator to schedule an additional Conciliation Conference to review the custody arrangements, if necessary. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, [//~ J. A,.()~ 0 I ~r 03'O~* cc: Kathleen Carey Daley, Esquire - Counsel for Mother David A. Decker, Pro Se - Father .......... ~ ~ - ~ ,""-, ~' > '."';, STEPHANIE A. DECKER, . IN THE CXlORT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND CXlUNTY, PENNSYLVANIA . . . vs. . NO. 01-517 CIVIL TERM . . . DAVID A. DECKER, : CIVIL ACTION - LAW Defendant . IN CUSTODY . CUSTODY CCNCILIATlOO SUMMARY REPCRT IN ACCORDANCE WITH CUMBERLAND COONTY 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 CURRENTLY IN CUSTODY OF Rachel D. Decker February 2, 1987 Mother/Father 2. A Conciliation Conference was held on February 21, 2001, with the following individuals in attendance: The Mother, stephanie A. Decker, with her counsel, Kathleen Carey Daley, Esquire, and the Father, David A. Decker, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ~a dl,;}cx)/ ~ ~ Dawn S. Sunday, Esqu" e Custody Conciliator Date