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HomeMy WebLinkAbout99-06154 . ,n r t f ( t g F t t f P e f ??Cijl* + ?v} v a tt; a uu Qy ?. M ? M1 y i SS t t ? yE ` ` x Xi?}p0• 'hht LGY a ry ?§y?S t F o? ,tea O r? t a S 4y"t ? ,S ct ? 1 a } f ? h `L ?'? f t (r A ? ?` yy Y3 y OR, 0M $' rYP nY M1? t y g #? S 3 t• 45 IS1yy,$ c]$} f ` "? 1 t a + r r tp 4? '>4?. ' ti w x s q t d ?? L(fi ? ?;;? J ?1 S A :, y i } P ? 1 rS § ;kb r i ; y •? ? t s la1 1 f ab d ' x ? i to wtV - e c ;f e--a? e} A WIT N" ?A y 1 7 i t v x y S J 4 f. "`'? ff 1 Y 5 f. ,Hhiyy^. R G ¢ ' ' l < ?j x x Ott. It , a? OAK , MC _ t ?? ? A y 1 '-xht?:''u= Nti ' %rtr a A x P}I 1 f ? Y, a h;i 1, ? NA u. t i F Jw tF? 5 N s ` q , G t RI 5 t 31 +C S,? 1 e ?tl •i? S t P LISA M. SNYER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JAMIE LEE HENDRICKS, DEFENDANT : 99-6154 CIVIL TERM ORDER OF COURT AND NOW, this Tl+h day of October, 1999, a hearing on the plaintiffs petition for special relief shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Friday, October 15, 1999. The father shall have Taylor M. Hendricks, born February 9, 1995, present at the hearing. By the Court, Edgar B. Bayley" :sea k ?? >. porn ?,, ?,,,_ ?-; t .,,.,y,Ti?.,y C;r,? 1 ,? ?! ? LISA M. SNYDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.99-615q CIVIL TERM JAMIE LEE HENDRICKS. :CUSTODY Defendant AND NOW, this _ day of October, 1999, upon consideration of the attached Petition for Special Relief filed on behalf of the Plaintiff, Lisa M. Snyder, the following Temporary Custody Order is entered regarding Taylor M. Hendricks. DOB 2/9/95. 1) Plaintiff, Lisa M. Snyder, hercinafter referred to as the mother, shall have primary physical custody and legal custody of the child. 2) Defendant, Jamie Lee Hendricks, hereinafter referred to as the father, shall have supervised visitation with the child at times agreed upon by the mother and father. 3) The father shall immediately return the child to the custody of the mother. 4) The police and other appropriate law enforcement agencies shall facilitate the transfer of custody to the mother. 5) The father shall not remove the child from Cumberland County and this court's jurisdiction. This Temporary Custody Order shall remain in effect pending further Order of the Court after the Conciliation Conference. This Order is entered without prejudice to either party to request a hearing. This Order shall be docketed in the office of the Prothonotary, but the Prothonotary shall not send a copy of this Order to Defendant by mail. By the Court, J. Joan Carey, Legal Services, Inc. g Irvine Row Carlisle, PA 17013 (717) 243-9400 Attorney for Plaintiff LISA M. SNYDER, IN THE COURT OF COMMON PLEAS OF Plaintiff VS. JAMIE LEE HENDRICKS, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 4/5"1 CIVIL TERM :CUSTODY The plaintiff/petitioner, Lisa M. Snyder, by and through her attorney, Joan Carey of Legal Services, Inc., represents the following: 1. The plaintiff/petitioner, Lisa M. Snyder, hereinafter referred to as the mother, resides at 6 Links Mobile Home Park, Lot 63, Mechanicsburg, Pennsylvania 17055. 2. The defendant, Jamie Lee Hendricks, hereinafter referred to as the father, resides at 145 Richard Riggs Road, Swansboro, North Carolina, Onslow County. 3. The parties are the parents of Taylor M. Hendricks, bom 2/9/95, hereinafter referred to as the child. 4. The mother requests an order granting her primary custody of the child for reasons including the following: a) The mother has been the primary caretaker of the child since her birth, and the sole caretaker since the father moved from the residence in October 1998 and then relocated to North Carolina in May, 1998. b) By agreement of the mother and father, the child and her half-sister, Megan Snyder, went to visit the father on August 14, 1999, and were to be returned to the mother on August 27. 1999, in time for the beginning of school and daycare. c) In or about the last week of the agreed upon visit, the father contacted the mother saying his vehicle was broken down and that he would not be returning the children on the scheduled date. d) Fearing for her children's safety because a hurricane was expected to hit North Carolina, and thinking that the father had no transportation, the mother drove to North Carolina to pick up the children on approximately August 25, 1999. The father refused to return the child to the mother and only let her take her older daughter, Megan, with her. e) The father informed the mother that he would return the child the week of September 6, 1999, but as of the date of the filing of this petition, he has not done so. 0 The father has denied the mother all contact, including telephone calls, since approximately September 12, 1999, in spite of the mother's repeated attempts to speak with the child. Prior to this, the mother had been speaking with her child about every other day, exacerbating the mother's fear for the child's well being. g) During the mother's last conversation with the child, her daughter was crying and saying she wanted to come home. h) On approximately September 16, 1999, Hurricane Floyd hit the North Carolina coast, and the father did not evacuate the area with the child as the authorities had advised since the eye of the hurricane was approximately 20 miles away from the father's mobile home. i) As a result of Hurricane Floyd, there was severe flooding and contamination problems in the area of the father's mobile home, and he informed the mother that he could not bring the child home and did not know when he would return the child. j) The father's residence has no running water or operational bathroom which causes the mother concern for the child's well being. k) On several occasions, the father has told the mother that he would flee with the child, saying that he has relatives living all over the country. The mother's fear that he will do this is exacerbated since his mother, with whom he currently resides, fled with him and his siblings when they were young, resulting in their fathers being denied all contact with them. I) The father attempted suicided in May 1999, after the parties had separated. m) On approximately September 21, 1999?the mother contacted the father and told him she was coming to pick up the child and the father said, "Don't bother; I'm not giving her back." \ 5. The father has not acted in the best interest of the child by denying the mother physical contact with the child since approximately August 25, 1999, and telephone contact since approximately September 12, 1999, and by keeping the child separate from her siblings with to whom she has been raised. 6. The mother is the parent who can best provide for the child; she has the child enrolled in daycare, and the Childcare Network is currently holding a place for the child in their subsidized program. 7. Without this court granting the mother Temporary Custody, the mother will suffer irreparable harm since, without a custody order, no law enforcement agencies will assist her mother in regaining custody of her child, whom she feels is in danger in the father's custody. WHEREFORE, the plaintiff requests that this court enter a Temporary Order granting her primary physical and legal custody of the child, ordering that the father not take the child from the jurisdiction of Cumberland County, and ordering the police or other law enforcement officials to facilitate the transfer of custody to the mother. The plaintiff further asks that the Court schedule a Conciliation Conference regarding the matter of long term custody. Additionally, the Plaintiff requests any other relief which is just and proper. Respectfully submitted, Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named Plaintiff, Lisa M. Snyder, verifies that the statements made In the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. S(3o1?? Date: Lisa M. Snyder, Plaints ,, K?. >: ?- r?l F C ?: . ?`? ru4,.' '`''? ? ! ? i . . t? r? .: ? Fiat r., s.. ?'? ? ? ? i ? ? ?J LLB [:w (. C? _ V Cl CJ f LISA M. SNYDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JAMIE LEE HENDRICKS, Defendant NO.99-615q CIVILTERM : CUSTODY AND NOW, upon consideration of the attached com laint, it is hereby directed that the panics and their r ?et?ocRS set appear before nfl, ttlcacl'T, V? the conciliator, at on the 11 day of Q tJ , 1999, at J?¢.m., for a Pre-Hearing Custody Confer nce. 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, IU11-319cy cV:z t.t(k ?\ Ai mAn , 4 Date Custody Conciliator [lJ ?1 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249.3166 OR (800) 990-9108 SABIL The Court of Common Plcas of Cumberland County is required by law to comply with the Americans 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. 99 rr7 I F:1 z: F, 3 -43 10-13-9,P ?l?ri o 'rs .13 - LISA M. SNYDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. 99- CIVIL TERM JAMIE LEE HENDRICKS, :CUSTODY Defendant 1. The plaintiff is Lisa M. Snyder, residing at 6 Links Mobile Home Park, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Jamie Lee Hendricks, residing at 145 Richard Riggs Road, Swansboro, Onslow County, North Carolina. 3. The plaintiff seeks custody of the following child: Name Present Residence Age Taylor M. Hendricks 145 Richard Riggs Road 4 Swansboro, NC The child was born out of wedlock. The child is presently in the custody of Jamie Lee Hendricks, who resides at 145 Richard Riggs Road, Swansboro, North Carolina. During the child's lifetime, she has resided with the following persons and at the following addresses: Lisa Snyder 6 Links Mobile Home Park 2/9/95 - 8/14/99 Lot 63 Mechanicsburg, PA 17055 Jamie Lee Hendricks 145 Richard Riggs Road 8/14/99 - present Swansboro, NC The mother of the child is Lisa Snyder, currently residing at 6 Links Mobile Home Park, Lot 63, Mechanicsburg, Pennsylvania, 17055. She is single. The father of the child is Jamie Lee Hendricks, currently residing at 145 Richard Riggs Road, Swansboro, North Carolina. He is marred. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently is residing at 6 Links Mobile Home Park, Lot 63, Mechanicsburg, PA 17055. 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Rosemary Elui mother Taylor Hendricks daughter 6. The 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. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a) The mother is the parent who can best provide for the child; she has the child enrolled in daycare, and the Childcare Network is currently holding a place for the child in their subsidized program. b) The father has not acted in the best interest of the child by denying the mother physical contact with the child since approximately August 25, 1999, and telephone contact since approximately September 12, 1999, and by keeping the child separate from her siblings with whom she has been raised. c) The father's behavior, as delineated in paragraph 4 of the Petition for Special Relief field this date in the above-captioned case and incorporated herein by reference, has not been in the child's best interest and has adversely affected the child. 10. 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, the plaintiff requests this Court to grant primary physical custody of the child to the plaintiff. Respectfully submitted, Doan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named Plaintiff, Lisa M. Snyder, verifies that the statements made In the above Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Ciao JLC( \ Lisa M. Snyder, Plaintiff {? Cl ?- L. ,ct .ti y I1 I I; f`` 1 ?( 1:: t ' 1: t ., r T?- . :.,..3 „ ? ?, ?? I- I ?' , - Tt. ??! ,, 1 Is l! [:I ?•? `) (, LISA M. SNYDER, Plaintiff VS. JAMIE LEE HENDRICKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAN,D/ COUNTY, PENNSYLVANIA : NO. 99- G IS V CIVIL TERM :CUSTODY To the Prothonotary: Kindly allow, Lisa M. Snyder, Plaintiff, to proceed in fQ= pauceris. 1, Joan Carey, attorney for the party proceeding in forma pauncris, certify that 1 believe the party is unable to pay the costs and that 1 am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. J Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 V LISA M. SNYDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff VS. CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVIL TERM JAMIE LEE HENDRICKS, Defendant :CUSTODY AFFIDAVIT IN SUPPORT OF PETITION LEAVE TO PROCEED IN FORMA PAUPERIS 1. 1 am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Lisa M. Snyder Address: 6 Links Mobile Home Park. Lot 63 Mechanicsburg. PA 17055 Social Security Number: 210-64-5704 (b) If you are presently employed, state Employer: Bob Evans Restaurant Address: 135 Sheraton Drive New Cumberland. PA 17070 Salary or wages per month: $1080/month Type of work: Waitress If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: _N/A Other self-employment: N/A Interest: N/A Dividends: N/A Pension and annuities: N/A Social Security benefits: N/A Support payments: 5460/mo Disability payments: N/A Unemployment compensation and supplemental benefits: N/A Worker's compensation: N/A Public Assistance: N/A Other: Friendly's Restaurant- only January, 1999- S I So total for Jan. (d) Other contributions to household support Name: If your (husband) (wife) is employed, state Employer: Salary or wages per month: _ Type of work: Contributions from children: (e) Property owned Cash: _ $20 Checking Account: 550 Savings Account: N/A Certificates of Deposit: N/A Real Estate (including home): mobile home - (55.000) Motor vehicle: Make Toyota Tercel Year 1991 Cost 596/mo. Amount owed $2200 Stocks; bonds: N/A Other: (f) Debts and obligations Mortgage: 5129/mo. (Home) 5171 mo. Condo. Rent: $3051mo. Loans: 5130/mo.-consolidation. Van loan 5370/mo.. PNC bank loan - $190/mo. Monthly Expenses: credit cards 5180/mo.. propane 590/mo.. electric 5201m. Phone 520/mo.. babysitting 5240/mo.. school lunch 560/mo.. food 5300/mo.. clothing 5501mo.. Insurance S59/mo. (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: Candice Snyder Age: 12 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 1 verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Dawam f R m- ? ?`.? ?l J-? Lisa Snyder, Plaintiff .. ? G ,yyr ? t? ? •f w { ?y ? t; ? ?'c,: r ?; ?''rs' ? "? ? it (?? i? a LISA M. SNYDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff VS. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6154 CIVIL TERM JAMIE LEE HENDRICKS, Defendant :CUSTODY AND NOW, this 101'r' day of October, 1999, I, ,? ?v I n(?14 hereby certify that I served a copy of the Petition for Special Relief and the Order of Court dated October 7, 1999, in the above-captioned case, by handing a copy to the defendant, Jamie Lee Hendricks, on the 1 & day of October, 1999, at Ns?fure TRUE COPY FROM REOORD to Testimony mite W. I ham we aet my Nana and dta teal of UM Court at CarMab, Pa. Thts_L. ' __ e U+er6 1p 09 a othonetary LISA M. SNYDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-6154 CIVIL TERM JAMIE LEE HENDRICKS, Defendant :CUSTODY CERTIFICATE OF SERVICE AND NOW, this Il?? day of October, 1999, 1, r,? l L- hereby certify that I served a copy of the Petition for Special Relief and the Order of Court dated October 7, 1999, in the above-captioned case, by handing a copy to the defendant, Jamie Lee Hendricks, on the 1d" day of October, 1999, at ?g lure t ._. ..,._,_..._......m ............... .; i? E= U rs ? r.?? !.? V I p!, I? ? ' T}? i cn +. 'r? ,? r" C3 ?el?y .. G ??. :? ??? Gl LISA M. SNYDER, Plaintiff V. JAMIE LEE HENDRICKS, Defendant . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-6154 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of October, 1999, this matter having been called on a petition for special relief filed by Lisa M. Snyder, regarding the custody of Taylor M. Hendricks, born February 9, 1995, and the father, Jamie Lee Hendricks, appearing, IT IS ORDERED: 1. Temporary primary physical custody of Taylor is awarded to the mother. 2. The case is referred to conciliation on November 11, 1999. 3. Following the conciliation conference, an order shall be forwarded to this Court setting forth the rights of the parties. Philip C. Briganti, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 For Plaintiff Jamie Lee Hendricks, Pro se 145 Richard Riggs Road Swansboro, NC 28584 Defendant Sheriff prs LISA M. SNYDER, Plaintiff vs. JAMIE LEE HENDRICKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6154 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CRDER OF COURT AMID NOW, this I b day of , 1999, upon consideration of the attached Custody Conciliation Report, t is ordered and directed as follows: 1. The Mother, Lisa M. Snyder, and the Father, Jamie Lee Hendricks, shall have shared legal custody of Taylor M. Hendricks, born February 9, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency cacisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child for 2 weeks each month in June, July and August each year, with the specific dates and times to be arranged by agreement of the parties. The Father shall have custody of the Child for 2 three day weekends each year, based upon school holidays, with the times and dates to be arranged by agreement of the parties. The Father shall also have custody of the Child at any additional times when the Father travels to the local area as arranged between the parties. 4. The parties shall alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Father shall have custody of the Child for 2 weeks over the Christmas holiday and school break in odd numbered years. The Mother shall have custody of the Child over the Christmas holiday and school break in even numbered years. B. In even numbered years, the Father shall have custody of the Child for 1 week over the Thanksgiving holiday/school break and the Easter holiday/Spring break. The Mother shall have custody of the Child over Thanksgiving and Easter in odd nmunbered years. 5. The party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. The parties are prohibited from drinking alcohol to the point of intoxication or using illegal drugs during his or her periods of custody with the Child. Both parties shall ensure that any 3rd parties, who are providing care for the Child, refrain from using alcohol or illegal drugs. 7. The non-custodial parent shall have liberal telephone contact with the Child. B. Both parties shall ensure that the other party has his or her current home address and telephone number. 9. Both parties shall ensure that the other party has a telephone number where the Child can be reached in the event of an emergency when that party removes the Child from the residence for an extended period. 10. 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. i"I cc: Joan Carey# Esquire - Counsel for Mother Kristen Goddard Donsenr Esquire - Counsel for Father .,. o? .yyr ?S? ,;T K, •1 C.:. .•,. ? , t" i? '` aY' 4,• J ?? LISA M. SNYDER, Plaintiff vs. JAMIE LEE HENDRICKS, Defendant PRICK JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6154 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 CUSTODY OF Taylor M. Hendricks February 91 1995 Mother 2. A Custody Conciliation Conference was held on November 11, 1999, with the following individuals in attendance: The Mother, Lisa M. Snyder, with her counsel, Joan Carey, Esquire, and Sonya Lawrence, paralegal, and the Father, Jamie Lee Hendricks, with his counsel, Kristen Goddard Donsen, Esquire. 3. The parties agreed to entry of an order in the form as attached. /? wem 4?.r !lr l 4 f 9 ,a,?u-Y Date Dawn S. Sunday, Esquire Custody Conciliator D W 0 t? a h NOV 1 5 199,