HomeMy WebLinkAbout99-04037v
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JUDITH A. PREBLE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - CUSTODY
RYAN R. PREBLE, ^
Defendant NO. 99- 1-/637 ?uc l f
ORDER OF COURT
AND NOW, q 7 q,9 , upon consideration of the attached complaint, it is hereby directed
that th parties d their respective counsel appear before niLO) ; ?; ii l,u `jhe conciliator, at _
A /l A iL! A?` n the l? day of 1999, atIGOOM., for aPre-Hearing Custody
Conference. At such conf nce, an effort willde to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into
a temporary order. All children age five or older may also be present at the conference. Failure to
appear at the conference may provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
t
By: a 1?.1 L, ??
Custody Conciliator'
The Court of Common Pleas of Cumberland County is required by law to comply with the American
with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
99 JUL i ? "i 111: 1 Q
CU?;1:3'tiv•;?0 COUIJiY
PENNSYLVANIA
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JUDITH A. PREBLE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - CUSTODY
RYAN R. PREBLE,
Defendant NO. q 9. x/037 T-?
The Plaintiff is JUDITH A. PREBLE (hereinafter referred to as "Mother"), who
currently resides at 825 Mt. Zion Road, Dillsburg, York County, Pennsylvania, 17019.
2. The Defendant is RYAN R. PREBLE (hereinafter referred to as "Father"), who
currently resides at 3 Bull Run Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. Plaintiff seeks shared legal and extended partial physical custody of the following
child:
NAME PRESENT RESIDENCE DATE OF BIRTH
Aubrey B. Preble 3 Bull Run Court 6/10/83
Mechanicsburg, PA 17055
4. The child is presently in the custody of the Father who resides at 3 Bull Run Court,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
5. During the past five years the child has resided with the following persons at the
following addresses:
JUDITH A. PREBLE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - CUSTODY
RYAN R. PREBLE,
Defendant : NO.
ORDER OF OURT
You, RYAN R PREBLE, Defendant, have been sued in Court to obtain shared custody of
the child: AUBREY B. PREBLE.
You are ordered to appear in person at
on
O'clock for:
[ ] a conciliation or mediation conference
[ ] a pretrial conference
(] a hearing before the Court
at
If you fail to appear as provided by this Order an Order for Custody, partial custody or
visitation may be entered against you or the Court may issue a warrant for your arrest.
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.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
ADDRES FS
7/94 - Fall, 1996
56 Chicago Street
Valparaiso, Indiana
Fall, 1996 - 6/98
56 Lincoln Way
Valparaiso, Indiana
Mother
Aubrey
6. The Mother of the child is JUDITH A. PREBLE, currently residing at 825 Mt. Zion
Road, Dillsburg, York County, Pennsylvania, 17019. Mother is divorced.
7. The Father of the child is RYAN R. PREBLE, currently residing at 3 Bull Run Court,
Mechanicsburg, Cumberland County, Pennsylvania, 17055. Father is divorced.
8. The relationship of the Plaintiff to that of the child is that of Mother. The Plaintiff
currently resides with the following persons:
NAME
Judith A. Preble 825 Mt. Zion Road
(Self) Dillsburg, PA 17019
NAME OFP . SONS
IN HO HO D
Mother
Aubrey
Mother
9. The relationship of the Defendant to the child is Father. The Defendant currently
resides with the following persons:
DATE
6/98 - Present
ADDRESSES
3 Bull Run Court
Mechanicsburg, PA 17055
RELATIONSHI
IN HOUSEHOLD
Father
Aubrey
2
10. Plaintiff has participated as a party or witness, or in another capacity, in other litigation
concerning the custody of the child in this or another court. These proceedings were in Indiana. A
copy of the stipulated, most recent Order is attached hereto as Exhibit "A".
11. The Plaintiff has no information ofa custody proceeding concerning the child pending
in any court of this Commonwealth.
12. 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.
13. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
a. Mother desires to re-cultivate a strong and loving bond with her daughter;
b. Mother is able to provide a suitable environment to exercise her custody
rights; and
c. Father has restricted Mother's physical and telephone access to the child in
alienation of the mother/daughter relationship. Mother believes counseling is
necessary for the child as a result of Father's actions.
14. Each parent whose parental rights to the child has not been terminated and the person
who has physical custody of the child have been named as parties to this action.
WHEREFORE, the Plaintiff requests the Court to grant shared legal and physical custody
of the child to the Plaintiff.
DATE: Z /
Barbara asumplie.-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Plaintiff
EXHIBIT "A"
STATE OF INDIANA ) IN THE POR I R SUPBtIOR OOyR{
COUNTY OF PORTER
VAU'ARMSO, WMANA
IN RE: THE MARRIAGE OF )
RYAN PRIMLA
Pwkw )
end CAUSe NO,: e4004010-DRdee4
JUDITH PREXE ; `o? IL, Z-V
Respondent ) dY
JUL )'I I?7i?7/J?
Parties, JudNh PrW* (herelMMt tirldetef7 end Ryan Frebte (heraeraRer Yaessto
aPPeer by s'onaWm end rrA*j y request go Cart m enter ModNkieon Orders upon &Wr
Prior Dinotuddn Decree and ModMewas" thefeto. In subpart inaraa, an" repraeerd oyt
busd upon reepeatlw Current dromstenass, tno desire of VWp mina dauphar. Aubrey,
1`111116 (haretnefrer 'daughter') to reelde WIM fetlrer end aNUW on eadeny edhoal, end
chanood gsogrepttla permanent residences Of ew pans, It N Currently In me but Menu of
dwihter for PhYekal custody te be Im" Mrred to Minor Amamengly, the p"" have
entered Into the fo tt" Sdpuletad
IMSOPMOCIPIC&M
1. The' "Y'" cut" Of the MAIN' doughter, Aubrey %W, drarb
than be tfandened to Mfner, Ryan Proo, wilt now resides In tno State Of
PennsyNonle, at . ioM tend& puN am, Orly (1) day Miewlhg
daugnteMs grodusion from the ft Grade N SL Pap ed" in Vetpfresb (off to cc
ePI)MImatety June 7, laid). Ryon and Judy vA pwWpste in itimatlon addYdltee
Wit, end that dorertrentlbnerl d.wated goo d@ fa support QuidR, erdst Tim MIIIX fed
term. a tM parWa an emrdlnOlY rtrPrasad, adopted end tnoolpereted and amerod herNn
as ft Orders & We C0611.
M awnla, Is Fountl Ind R"un INS.
PERIOR COURT
An of w1uCh is so Ordered No Appravad We, , day of tole. -11 X?' U
R eu OU
_?.J.?iHHKl Ehl:f,"H>SUC_I E1 1-9-rb'd-12bS JUf ee,`J? lu+[t rvo.???l r.Vc
together. The parties shall otiNMAw erft joed legal custody of daughter. Support payments
by father, Rysn, shag terminate upon transfer of daughter and based upon comparative
Incomes and subete H travel distances Involved, no direct support shall be paid by Judith.
2. Upon transfer of Ryan's maidens from Pennsylvania, changes to Mshaaon
rights by Judith as set forth heroin shall toe negotiated. Currently, Judith Is hoping to relocate
to the State of Now Jersey.
3. Judhh Shag en)oy reeaonaft and flexible visitation with daughter, vAIM shall
include but not be limited to shematng hotdays, every other weekend during School years,
and summer visttation, whleh for 1898 will ootarr on June 15 -19, July 2029, and 2 full weeks
In August, 1998 prior to start of school for daughter.
Ryan will request Aubrey to oat Judith at least once per week. Judith shall enfoy ahing
daughter as she wishes. Phone cuts will to chargeable to the individual in lating the all.
<. Ryan shall pay Judith a lump sum of Nine Thousand ($9,000,00) dopers on or
before June 8, 1998 to be used for her frenaportatlonMsitetlon purposes to visit daughter
between now and age 18. Ryan shall not be responsible for any further visltation costs
,
thereafter. This sum Is not related to any other *Oro* settlement
S. Ryan acknowledges Judgment Interest of Judith In the marital equity of Ryan's
home in Shorewood Forest, Indians. Ryan represents herein that his employer Is In the
process of cooperating for the safe of the home In the near future. The parties eeknoMedge
that as of current date, a balance, with Interest accrued Is due In the sum of
s
e. All oiler temps or the olssakrtlon Doc" and prior order: or court previously
entered, except as otherwise emended hdMn, shell remain In full force and effect and
J. l.SI HNe'. ltWll_.Nti;;UI. It1:219-fb9-1'lb3 Jun Pkd.y9 141 :41 NO. UUD r' .U.
)udedlotlon shall rermin Inftna. Parise shag cooperate in good fw th to exaoub aB molds W
doowmnb nqulrod b any out the tame of this Agreement Part" hereby dlanle;s any and
all motlons now pending agaimt tM other, weh pip",
-01461;
im . Kw" ftw, Ph.D.
ad LMM
The Court, being duly edvlaed In 6M prernises, now finds that the tams of modillcoon
as edpulated and re mom mild herein are not unconscionable. not unreasonable and ere In the
best Intsmste of the minor doughfor of the paAlea. The Count further finds a substantial
change In one (1) or more of On factors se set forth at I.C. 91.17,2.6 relative to cukody of the
child, and that aforementioned devlebd grounds for arppon guidelines exist. The etlp sw
forms of the partfa are scoordh* approved, adapbd and IncorponeW and enfored herein
as the Orden of M Court 7
All of whkh is Found and ReoomnMngedi&,L/. day of _/, ff,(, CQ1 ,1998.
All of whleh is to Ordered and Appro ft day of 1996.
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JU RTER 8UPER10 COURT
JUDITH A. PREBLE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -CUSTODY
RYAN R. PREBLE,
Defendant : NO.
VERIFICATION
I, JUDITH A. PREBLE, hereby certify that the facts set forth in the foregoing CUSTODY
COMPLAINT are true and correct to the best of my knowledge, information and belief. I
understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section
4904 relating to unsworn falsification to authorities.
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JUDITH A. PREBLE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99-4037 CIVIL TERM
RYAN R. PREBLE, CIVIL ACTION - LAW
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this (C) 11? day of
consideration of the attached Custody
and directed as follows:
scy?I?e-, 'r , 1999, upon
Conciliation Report, it is ordered
1. A Hearing is scheduled in Court Room # , of the
Cumberland County Court House, on the 14t day of r
1999, at D o'clock cL_m. at which time testimony will be taken.
For purposes of this Hearing, the Mother, Judith A. Preble, shall be deemed
to be the moving party and shall proceed initially with testimony. Counsel
for the parties shall file with the Court and opposing counsel a Memorandum
setting forth each party's position on custody, a list of witnesses who are
expected to testify at the Hearing, and a summary of the anticipated
testimony of each witness. These Memoranda shall be filed at least 10 days
prior to the Hearing date.
2. The parties and the Child shall obtain the services of Stanley
Schneider, PhD or other professional counselor, who will develop a plan for
the Child to have regular contact with the Mother (including establishing
the appropriate amount and frequency of contact) and who will also issue
interim recommendations for a custody schedule which the parties shall
follow pending completion of the ongoing plan. The purpose of the
counseling shall also be to assist the parties in developing communication
skills which will enable them to effectively manage a custody schedule.
The parties shall equally share any unreimbursed costs of the counseling
under this provision.
3. The parties shall have shared legal custody of Aubrey B. Preble,
born June 10, 1983. 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.
4. Pending receipt of interim recommendations from the counselor for
immediate contact between the Mother and the Child, the Mother shall have
custody of the Child for a minimum of one overnight period every weekend,
the specific day and time to be confirmed by Wednesday at 9:00 p.m. before
each weekend.
BY THE COURT,
cc: Barbara Sumple-Sullivan, Esquire - Counsel for Mother
Kathleen Carey Daley, Esquire - Counsel for Father
I,14
JUDITH A. PREBLE,
Plaintiff
VS.
RYAN R. PREBLE,
IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4037 CIVIL TERM
CIVIL ACTION - LAW
Defendant
IN CUSTODY
CUSTODY CONCILIATION SUMMARY
REPORT
IN ACCORDANCE WITB 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 CURRB@T1T.Y IN CUSTODY OF
Aubrey B. Preble June 10, 1983 Father
2. A Custody Conciliation Conference was held on August 31, 1999,
with the following individuals in attendance: The Mother, Judith A.
Preble, with her counsel, Barbara Sumple-Sullivan, Esquire, and the Father,
Ryan R. Preble, with his counsel, Kathleen Carey Daley, Esquire
3. The Mother filed this Petition for shared legal and extended
partial physical custody of the Child, who has resided primarily with the
Father since June 1998. The parties agreed at the Conference to attempt to
resolve this matter between themselves with the guidance and assistance of
a psychologist/counselor. The parties also agreed on a temporary partial
custody schedule for the Mother pending receipt of the initial
recommendation from the counselor. Although hopefully it will not be
necessary, the Mother's counsel requested that a Hearing be set at this
time to avoid additional delay in the event the parties are not able to
establish a long-term custody plan through counseling.
4. The Mother's position on custody is as follows: There has been
substantial litigation between the parties concerning custody of the Child
for the past years in Indiana, resulting in the change of primary physical
custody on several occasions. The Mother moved to Pennsylvania
specifically to be closer to her daughter who had been residing with the
Father in Pennsylvania since June 1998. The Mother believes it is in the
Child's best interest to reestablish extended and regular periods of
contact with the Mother. The Mother believes that the Father has alienated
the Child from her and has restricted physical and telephone access between
the Child and the Mother (denied by Father). The mother feels that the
disparity in the parties' economic circumstances has also been a source of
conflict in the custody situation. The Mother seeks to establish a regular
custody schedule because in the past, when custody arrangements have been
in writing, there has been less conflict. Although the parties are unable
to communicate about anything, the Child does well when she is with the
Mother alone. The Mother is willing to participate in counseling in order
to establish a custody plan but wants to avoid further delay in obtaining
regular contact with her daughter as contact has been minimal over the past
several months. For this reason, the Mother requests that a Hearing be
scheduled at this time to avoid delay in case the counseling is not
successful. In the event the matter does go to Hearing, the Mother
reserves the right to seek a review of the primary custody situation.
5. The Father's position on custody is as follows: The Father
believes it is in the Child's best interest to avoid a mandatory custody
schedule and to instead establish regular contact between the Mother and
Child through the guidance and assistance of a professional counselor.
Through the counseling, the Father hopes to resolve concerns he has
concerning the Mother's use of alcohol and past unavailability for
pre-arranged periods of custody with the Child (both denied by Mother).
The Father believes the Child needs someone to talk to about how best to
establish a good relationship with the Mother without the Father's
involvement. The Father believes that the Child has concerns arising from
the lengthy history of the custody arrangements between the parties which
must be resolved with the help of a third party before regular custody
arrangements will be beneficial.
6. The Conciliator recommends an Order in the form as attached
reflecting the parties' agreement at the Conference concerning counseling
and interim custody arrangements, and also scheduling a Hearing in the
event the counseling does not resolve the custody issues as hoped.
Dat Dawn S. Sunday, Esquire
Custody Conciliator
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SEP.4 1999
JUDITH A. PREBLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
RYAN R. PREBLE,
Defendant NO. 99-4037 CIVIL TERM
ORDER OF COURT
AND NOW, this to day of November, 1999, upon agreement of counsel, the
hearing previously scheduled in this matter for December 1, 1999, is rescheduled to
Wednesday, February 9, 2000, at 9:30 a.m., in Courtroom No. 1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
Barbara Sumple-Sullivan, Esq.
549 Bridge Street
New Cumberland, PA 17070
Attorney for Plaintiff
Kathleen C. Daley, Esq.
1029 Scenery Drive
Harrisburg, PA 17109
Attorney for Defendant
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BY THE COURT,
Z,
J esley Oler,
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JUDITH A. PREBLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
RYAN R. PREBLE,
Defendant NO. 99-4037 CIVIL TERM
ORDER OF COURT
AND NOW, this `?A day of February, 2000, upon agreement of counsel, the
hearing previously scheduled in this matter for February 9, 2000, is rescheduled to
Thursday, May 18, 2000, at 9:30 a.m., in Courtroom No. 1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
Barbara Sumple-Sullivan, Esq.
549 Bridge Street
New Cumberland, PA 17070
Attorney for Plaintiff
Kathleen C. Daley, Esq.
1029 Scenery Drive
Harrisburg, PA 17109
Attorney for Defendant
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BY THE COURT,
es ey OleC, J . '
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JUDITH A. PREBLE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - CUSTODY
RYAN R. PREBLE,
Defendant NO. 99-4037
RRAECIPE TO WITHDRAW CUSTODY COMPLAIN
To The Prothonotary:
Please withdraw Plaintiff's Custody Complaint which was filed on July 1, 1999 in the
above-captioned matter.
DATE: May 17, 2000
Barbara Sumple-Sullivan, quire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Plaintiff
M
JUDITH A. PREBLE,
Plaintiff
V.
RYAN R. PREBLE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 99-4037
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served
the foregoing PRAECIPE TO WITHDRAW CUSTODY COMPLAINT, in the above-captioned
matter upon the following individual by first class mail, postage prepaid, addressed as follows:
Kathleen Carey Daley, Esquire
1029 Scenery Drive
Harrisburg, PA 17109
DATED: May 17, 2000
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
Attorney for Plaintiff
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