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HomeMy WebLinkAbout03-2606GEORGE SEVERANCE, Plaintiff Ve SAMANTHA A. REYMUNDO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03 : : CIVIL ACTION - AT LAW : FOR CUSTODY COMPLAINT FOR CUSTODY The Plaintiff, George Severance, by and through his attorney, The Law Offices of Patrick F. Lauer, Jr., L.L.C., files this Complaint for Custody against the Defendant, Samantha A. Reymundo, and in support thereof, avers the following: 1. The Plaintiff is George Severance, an adult individual and the natural Father, who currently resides at 30 Creekview Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Samantha A. Reymundo, an adult individual and the natural Mother, who currently resides at 31 East Main Street, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff seeks custody of the following child: Name Present Residence Andrew L.S. Severance 31E. Main Street Newville, PA 1'7241 The child was born out of wedlock. Age 6 month (December 8, 2002) The child is presently in the custody of his mother, Samantha A. Reymundo, who resides at 31 East Main Street, Newville, Pennsylvania. During the past six months, the child resided with the following persons and at the following addresses: Name George Severance & Samantha Reymundo Address 31 East Main Street Newville, PA 1724]. Dates 12/8/02 (birth) to present The Father of the child is George Severance, currently residing at 30 Creekview Road, Newville, Pennsylvania 17241. He is single. The Mother of the child is Samantha A. Reymundo, currently residing at 31 East Main Street, Newville, Pennsylvania 17241. She is single. 4. The relationship of the plaintiff to the child is that of The plaintiff currently resides with the following natural Father. persons: Name Relationship Mother, sister, brother-in-law & two nephews 5. The relationship of the defendant to the child is that of natural Mother. The defendant currently resides with the following persons: Name Relationship None 6. Plaintiff 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other 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 interests and permanent welfare of the child will be served by granting the relief ~equested because: (a) Plaintiff is the natural Father of the child. (b) Defendant has made little effort to accommodate Plaintiff spending time with the child. 8. Each parent whose parental rights to the child have not been terminated and the person who ihas physical custody of the child have been named as parties to this action. No other persons are known to have a right to or have claimed to have a right to custody or visitation of the child. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order granting to him custody of his child. Date: Respec~~ed, ~rlin,~. ~rkley, Esquire Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 PA Supreme Ct. ID No. 84745 Phone: (717) 763-1800 GEORGE SEVERANCE, Plaintiff Ve SAMANTHA A. REYMUNDO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - AT LAW : FOR CUSTODY VERIFICATION I, George Severance, 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, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. § 4940. Date: GEORGE SEVERANCE : PLAINTIFF : V. : SAMANTHA A. REYMUNDO : DEFENDANT IN 'I~E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2606 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, July 07, 2003 at 8:30 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Melissa P. Greevy. Esq. 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 an'angements 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 GEORGE SEVERANCE, Plaintiff V. SAMANTHA A. REYMUNDO, Defendant JUL 1 0 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2606 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this i'/" day of July, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, George Severance and Samantha A. Reymundo, shall have shared legal custody of the minor child, Andrew L.S. Severance, born December 8, 2002. 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 his health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Father shall have custody commencing with approximately one- half (1/2) hour after he is off work the evening before his day off, until 8:00 a.m. of his next workday. In the event that Father cannot pick up the child by 8:30 p.m. preceding his day off, his custodial period will commence at 7:00 a.m. of his day off. NO. 03-2606 CIVIL TERM B. This Order contemplates that in Father's work week, which runs from Monday through Sunday, Father will have two (2) days off of work each week. C. By July 9, 2003, Father will provide Mother with his work schedule for the next few weeks to the extent that it is available. Subsequently, Father will provide Mother with his scheduled days off as they become known to him, providing her with as much advance notice as possible. D. This Order contemplates that Father may have four (4) consecutive days of custody not more than one time per calendar month. 3. Holidays. Holidays shall take precedence over the regular schedule. parties will share the following holidays according to the following schedule: A. In 2003, the parties will share Christmas Eve, Christmas Day and New Year's Eve by celebrating the holiday together from 8:00 a.m. to Noon. Father will have custody on the holiday from Noon to 8:00 p.m. B. Commencing 2004 and in all even-numbered years, Father shall have custody from 8:00 a.m. to 2:00 p.m. for Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving. Mother shall have custody from 2:00 p.m. to 8:00 p.m. for the same holidays. C. Commencing 2005 and in all odd-numbered years, Mother shall have custody from 8:00 a.m. to 2:00 p.m. for Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving. Father shall have custody from 2:00 p.m. to 8:00 p.m. for the same holidays. D. Christmas Eve, Christmas Day, New Year's Eve, and New Year's Day. Commencing 2004 and all subsequent even-numbered years, Father shall have Segment A of Christmas and New Year's and Mother shall have Segment B. Commencing 2005 and all subsequent odd-numbered years, Mother shall have Segment A of Christmas and New Year's and Father shall have Segment B. For Christmas, Segment A shall be from December 24th at 10:00 a.m. through December 25th at 2:00 p.m. and Segment B shall be from December 25th at 2:00 p.m. until December 26th at 8:00 p.m. For New Year's, Segment A shall be from December 31st at 10:00 a.m. through January 1st at 2:00 p.m. and Segment B shall be from January 1st at 2:00 p.m. through January 2nd at 8:00 p.m. The NO. 03-2606 CIVIL TERM E. In the event that either parent has to work on part of their holiday, the other parent shall have custody during their work hours. 4. 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's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 5. In the event that either party is unable to provide care for the child for a period of three (3) hours or more during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers. 6. Vacation. Each parent shall be entitled to up to eight (8) continuous days of custody for the purpose of vacation each year. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 7. Relocation. Neither party shall relocate at a distance which makes it impractical or impossible to continue under the present custodial schedule absent the agreement of the other parent. In the absence of agreement, the relocating party will provide sixty (60) days notice to the other parent of their intent to relocate to allow the parties an opportunity to renegotiate the custodial arrangement or petition the Court for hearing if necessary. 8. The parties shall keep each other informed of their current address and telephone numbers and any changes in address or phone number within twenty-four (24) hours thereof. 9. Neither party shall take the child out of Pennsylvania absent the express written consent of the other parent. The traveling parent will provide the non-traveling parent with the address and telephone number where they can be reached during the time they are away. NO. 03-2606 CIVIL TERM 10. In the event the Father is not able to pick up the child at the beginning of his custodial period or drop his off at the end of his custodial period for some unforeseeable reason, it shall be permissible for the paternal grandmother, paternal aunt or Father's brother-in-law to do so in his absence. This paragraph is not meant to apply to circumstances during which Father has to work late and cannot pick up the child by 8:30 p.m. 11. In the event that Mother cannot reach Father when it is necessary for the child to receive medical treatment, it shall be permissible for Father's extended family to assist with taking the child for medical care. 12. During this period of time while Mother has no access to a vehicle, Father shall provide all transportation incident to the custodial exchanges and medical appointments. 13. If, after the parties have followed the custodial schedule provided in this Order for a period of not less than sixty (60) days but not more than ninety (90) days from the date of this Order, either party thinks that the Order is not serving the child's best interests, through counsel, a request by letter may be made to reconvene the Custody Conciliation Conference. Dist: BY THE COURT: Marlin L. Markley, Esquire, 2108 Market Street, 17011-4706 7~'z&0~3 7 ~'~"~ Erin Benson, CLI, Dickinson School of Law, Family Law Clinic, 45 N. Pitt Street, Carlisle, PA I ./¥-o3 Lucy Johnston Walsh, Esquire, Dickinson School of Law, Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013 · .. JUL 1 0 Z003 GEORGE SEVERANCE, Plaintiff V, SAMANTHA A. REYMUNDO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2606 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE 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 CURRENTLY IN THE CUSTODY OF Andrew L.S. Severance December 8, 2002 Mother 2. A Custody Conciliation Conference was held on July 7, 2003 following the filing of Father's June 3, 2003 Complaint for Custody. Present for the conference were: the Father, George Severance, and his counsel, Marlin L. Markley, Esquire; the Mother, Samantha A. Reymundo, and her counsel from the Family Law Clinic at the Pennsylvania State University Dickinson School of Law, Erin Benson, CLI, and Lucy Johnston Walsh, Esquire. 3. The parties reached an agreement as to all aspects of the Order with the exception of the time frame after which the first right of refusal would be triggered. 4. Father's position was that the first right of refusal should not apply to periods of less than three (3) hours. Father believed that the reason that Mother was insisting on this provision being triggered by periods of two (2) hours or more was because of her continued tensions and difficulties with his sister and mother. It seems the circumstances to which Father would contemplate that this would apply would be limited to Father's participation in baseball games. During those games, his mother or sister would be the persons most likely to be caring for the child while Father plays. 5. Mother's position with regard to the first right of refusal is as follows: She believes that any period of two (2) hours or more during which Father is not available the child should be with her. The parties both live in Newville, Pennsylvania. Mother acknowledges that there is ongoing strain in the relationship between herself and the paternal aunt and paternal grandmother. It is her sense that members of Father's family NO. 03-2606 CIVIL TERM have been disrespectful to her both during the pregnancy and afterward. Accordingly, it seems that she wants to limit this infant's contact with members of Father's family when he is not present throughout the entire custodial period. 6. The Order attached to this Conciliation Report reflects an agreement of the parties, with the exception of period of time to which the first right of refusal applies. Paragraph 5 co~tains the recommendation of the Conciliator. ~ Date / " Melissa Peel (~reevy, Esquire Custody Conciliator :215654