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HomeMy WebLinkAbout07-2089BY: LESLEY J. BEt~M, ESQUIRE ATTOaNEY l.D. ~~~~~ X660 Trindle. F~oad, Suite 2a1 Camp Hilt, PA-17011- (717) 761-7573 IbeamCc~kopelaw.com CHRISTINA BYNE3AS, Plarntiff, vs. JOSHUA J. bOYLE, Defendant. Attorney t'or Pte4ntiff IN THE COUNT OF COMMON PLEAS CUMBEI~LANf~ COUNTY, PENNSYLVANIA No. o~ -ao~ CIVIL ACTION -LAW IN CUSTODY CUS:t`Qt7~lf CC~IIffP'~.~-tIr.IT v ~ ~, l ~21-r~ 1. The Plaintiff is Christina Byndas, residing at 8 West Main Street, P.O. Box 186, New Kingstown, Cumberland County, Pennsylvania 17072. 2. The Defendant is Joshua J. Doyle, residing at 701 South Prince Street, Palmyra, Lebanon County, Pennsylvania 17078. 3. Plaintiff seeks shared legal custody and primary physical custody of the following male child: NAME PRESENT RESIDENCE AGE Joshua M. Doyle $ West Main Street 1 yeer P.O. Box 186 D.O.B: 03/27/2006 New Kingstown, PA 17072 4. Joshua M. Doyle (hereinafter the "chilli") was bom out of wedtc~ck. 5. The child is presently residing with the Plaintiff at 8 West Main Street, P.O. Box 186, New Kingstown, Cumberland County, Pennsylvania 17072. 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the child. 12. Each parent whosd parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. 13. As a result of events on March 30, 2007, when Defendant hit Plaintiff and threatened her with a loaded rifle, Defendant has been charged with terroristic threats, simple assault, recklessly endangering another person, harassment and disorderly conduct. 14. As a result of the above events, the local Department of Social Services is conducting an investigation into the welfare of the child. 15. Defendant has evidenced extremely violent and reactive tendencies which pose a threat to the safety of the child. 16. Prior to Defendant's leaving, Plaintiff was the primary caregiver of the child. As such, Plaintiff has tended to the child during both the day and night, since the child's birth, taking care of the child. 17. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) The child's emotional and physical well-being will be continued if he maintains a loving and consistent relationship with the Plaintiff, who has been the primary caregiver of the child since birth; (b) Plaintiff is able= to provide a stable home and emotional environment for the child; (c) Defendant is not only facing- criminal penalties as a result of his current charges in Cumberland County, but has evidenced extremely violent tendencies which make him a danger to both mother and child. Defendant does not have the emotional stability to be a proper caretaker to the child; (d) The investigation under way may require Defendant not to have custodial time with the child; (e) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so; and (f) Plaintiff has been advised by Children & Youth Services to not have contact with Defendant at this time. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff primary physical and shared legal custody of the child with supervised visitation by Defendant only upon agreement of the parties. Respectfully Submitted, KOPE ~ ASSOCIATES, LLC gy. , - ~i ~~ ~ a ~ ~y sley a m, Esq. Dated: / VERIFICATION I, Christina Byndas, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: ~} ~ I U /o~C~7 ~~,t~n ~ ~~ 1.~~~ Christina Byndas _. .~ ~ rl r^ "l ~ om. } vv J ~a ..~3 T ;~'1 n 1.~ ~ is `f? : _ ~a '~'~t . t ~ { '"G The Court of Common Pleas of Cumberland County is required` by taw to comply with the Americans with Disabilities Act of 1990. For information about accessit~le facilities and reasonable ac:~ommodations awailabte to dis~'-bled individuats havirx,~ business. before the court, please contact our office. Alt arrangements. must be made at least 72 hours prior to any hearing or business before the court. Ypu must attend the scheduled- conferen~8 or hearing. YOU SHOULD TAME THIS PAPER TO YOUR LAWYER AT ONCE, 1F YOU DO HOT HAVE A tAWYER OR CANNOT AI=FOI~f? ONE, GO TO OR TELEF'~NE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CU11t'tSERLANO COUNTY BAR ASSOCIATION 32 SOUTH BEdFORt~ STREET CARLISLE, PA 17013 (717) 249-3166 CHRISTINA BYNDAS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSHUA J. DOYLE DF,FENDANT • 07-2089 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 18, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, May 21, 2007 at 10:00 AM for aPre-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: /s/ ohn .Man an r. Es . 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 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 ~N~'11~n~?P~~d ~~,'~:~~ gip,°,;r-?''~~1~ Q I ~~I ~Id ~tZ ~d~ l~Ot rl't~110-~tur ~.~%~d 3H1 ~0 ~~~~~--C~ll~ ~' ~~` ~"~ ~ ~DD7ra?Y ~ • -. CHRISTINA BYNDAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-2089 CIVIL ACTION LAW JOSHUA 3. DOYLE, IN CUSTODY Defendant ORDER OF COURT AND NOW this /' day of Oc>2 b ~- 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The Father, Joshua Doyle, and the Mother, Christina Byndas, shall have shazed legal custody of Joshua Doyle, date of birth 3127/06. The parties shall have an equal right 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 23 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 pazent 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 pazent. 2. The Mother shall enjoy primary physical custody of Joshua Doyle, date of birth 3/27/06. 3. The Father shall have periods of partial physical custody with Joshua Doyle supervised at paternal grandmother's residence Sundays from 8:00 am unti18:00 pm and Mondays from 8:00 am unti18:00 pm. The Court takes note that the parties' and grandparent's schedules are variable and the parties may modify said schedule upon mutual agreement. Father is directed to not have overnight custodial time of the Child absent further Order of Court. Paternal Grandmother is directed to terminate Father's custodial time should any inappropriate conduct be exhibited by Father. 4. The Mother or maternal grandmother shall provide the transportation for the custody exchanges at paternal grandmother's residence. 5. Holidays: Major holidays with the Child shall be alternated between the parents by mutual agreement with Father commencing with Father having 4~° of July 2007. It is understood that Mother always has Mother's Day and Father always has Father's Day. 6. Each parent is entitled to at least one week of vacation with the Child, with the directive that Father's vacation time with Child be had only with Mother's express written agreement. The parent desiring said vacation time is directed to furnish the other pazent with a least one week notice of the planned custodial time. 7. Telephone contact between the Child and the non-custodial parent shall be liberal as agreed upon between the parties. "i' ~ r~ ., , - - a,; ,r» ~~ f ` ~~ s :, ~~ li .SO .... 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. This Order is entered pursuant to 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. Dis bution: s ey Beam, Esquire ~ua Byndas, 701 South Prince Street, Palmyra, PA 17078 ~ohn J. Mangan, Esquire By the Court, --~. CHRISTINA BYNDAS, Plaintiff v. JOSHUA J. DOYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-2089 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Joshua M. Doyle 3/27/06 Mother 2. A Conciliation Conference was held with regard to this matter on May 21, 2007 with the following individuals in attendance: The Father, Joshua Doyle, pro se The Mother, Christina Byndas, with her counsel, Lesley J. Beam, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. 2 ~f Date ~ John gan, Esquir Cus dy Conciliator