HomeMy WebLinkAbout07-3497MYLES A. SNYDER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : N0.2007- 3 q9 j DIANA M. HALENZ, CIVIL ACTION -LAW
Defendant CUSTODY
COMPLAINT FOR SHARED CUSTODY
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW comes the Plaintiff, MYLES A. SNYDER, by his attorney, MAX J. SMITH,
JR., Esquire, and respectfully represents the following:
1. Plaintiff is MYLES A. SNYDER, whose address is 340 West Broad Street,
Williamstown, Dauphin County, Pennsylvania.
2. Defendant is DIANA M. HALENZ, whose address is 436 Arlington Road, Camp
Hill, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are not married and are the parents of one child, ANYA
LISE HALENZ, born January 31, 2007.
4. The best interests and welfare of the minor child require that shared physical and
legal custody be with both parents, on an equal basis.
5. The minor child has resided at 436 Arlington Road, Camp Hill, Cumberland
County, Pennsylvania with Mother since birth.
6. Plaintiff does not have any information of any custody proceeding concerning said
minor child in any court in Pennsylvania or any other State.
7. Plaintiff has not participated as a party, witness or otherwise in any other litigation
concerning the custody of said minor child in Pennsylvania or any other State.
8. Plaintiff does not know of any person not a party to these proceedings who has
physical custody of the said minor child or who claims to have custody or visitation rights with
respect to her.
WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that shared
physical and legal custody of the minor child, ANYA LISE HALENZ, be placed with both
parents.
Respectfully submitted,
a
Date: June 14, 2007 ?•
L!, MAX J. JR. squire
I.D. No. 32114
JARAD W. HANDELMAN, Esquire
I.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
I verify that the statements made in this Complaint are true and correct. I under-
stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
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MYLES A. SNYDER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 07-3497 CIVIL ACTION LAW
DIANA M. HALENZ
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, June 22, 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 Wednesday, July 25, 2007 at 3:00 PM
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 Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: ls/ john j. Mangan, r. Es q.
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
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OCT - 8 2002
MYLES A. SNYDER : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 07-3497 Civil Term
DIANA M. HALENZ
Defendant : ACTION IN CUSTODY
COURT ORDER
AND NOW, this 4_21t of September, 2007, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed that:
1. This Order is entered pursuant to a Custotiy Conciliation Conference. A Custody
2. Legal Custody: The Mother, Diana Halenz, and the Father, Myles Snyder, shall
enjoy shared legal custody of the minor child, Anya Lise Halenz, born 1/31/07.
The parties 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. 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 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.
3. Physical Custody: The Mother shall have primary physical custody of Anya L.
Halenz subject to Father's periods of partial physical custody as follows. Father
shall have physical custody/visitation of the Child every Tuesday and Thursday
from 3:00 pm until 7:00 pm at Mother's residence and physical custody every
Sunday from 10:00 am until 4:00 pm at an appropriate location of Father's desire.
Father shall be responsible for transportation for all periods of partial custody.
Father's partial physical custody of his Child may be expanded by mutual
agreement of the parties.
Hearing is
?!n/spherem by in scheduled Courtroom on the number in day the of CumberJanuary,land 2008 at County Court of
?-
Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For
purposes of this hearing, the Father shall be deemed to be the moving parry and
shall proceed initially with testimony. Counsel for each party shall file with the
Court and opposing counsel a Memorandum setting forth each party's position on
custody, a list of witnesses who will be expected to testify at the hearing and a
summary of the anticipated testimony of each witness. These Memoranda shall
be filed at least ten days prior to the hearing date.
4. The non-custodial parent shall be entitled to have reasonable liberal telephone
contact with the Child.
5. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
6. 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 parry, or injure the opinion of
the Child as to the other parry, or may hamper the free and natural development of
the Child's love or affection for the other party.
7. During any periods of custody or visitation, the parties shall not possess or use
controlled substances or consume/be under the influence of alcoholic beverages to
the point of intoxication. The parties shall likewise assure, to the extent possible,
that other household members and/or house guests comply with this provision.
8. Holidays shall be agreed upon by the parties.
9. 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.
10. A status update Conciliation is tentatively scheduled for December 18, 2007 at
10:00 am at Cumberland County Court of Common Pleas, Carlisle, PA 17013 to
determine whether the Child engaging in overnight custody with Father is
appropriate.
J.
Cc: uel Andes, Esquire
Smith, Esquire
J. Mangan, Esquire
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MYLES A. SNYDER
Plaintiff
V.
DIANA M. HALENZ
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-3497 Civil Term
ACTION IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
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 o
Anya L. Halenz 1/31/07 Mother
2. A Conciliation Conference was held on July 25, 2007 with the following
individuals in attendance:
The Father, Myles Snyder, with his counsel, Max Smith, Esq.
The Mother, Diana Halenz, with her counsel, Samuel Andes, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date: ( 0 7 Jo gan, Esqui
Custody onciliator
MYLES A. SNYDER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
} COUNTY, PENNSYLVANIA
VS. ) CIVIL ACTION - LAW
DIANA M. HALENZ, ) NO. 07-3497
Defendant } IN CUSTODY
ORDER
AND NOW this j day of December, 2007, upon the request of both parties,
the hearing previously scheduled in this matter for January 14, 2008, is continued. The
matter will now be heard, before the undersigned, commencing at 1:30 p.m. on Monday,
February 11, 2008.
BY
J.
DISTRIBUTION:
,,#a ,J. Smith, Jr., Attorney for Plaintiff, P.O. Box 650, Hershey, PA 17033
-nuel L. Andes, Attorney for Defendant, P.O. Box 168, Lemoyne, PA 17043
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JAN 0 4 2008 0
MYLES A. SNYDER
V.
DIANA M. HALENZ
: IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Defendant
Prior Judge: Edward E. Guido, J.
: No. 07-3497 Civil Term
: ACTION IN CUSTODY
eday COURT ORDER
AND NOW this of January, upon consideration
of the attached
Custody Conciliation Report, it is ordered and directed that:
1. The Order dated September 12, 2007 is hereby VACATED and the custody
hearing scheduled for February 7, 2008 at 1:30 pm is hereby CANCELLED.
2. Legal Custody: The Mother, Diana Halenz, and the Father, Myles Snyder, shall
enjoy shared legal custody of the minor child, Anya Lise Halenz, bom 1/31/07.
The parties 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. 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 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.
3. Physical Custody: The Mother shall have primary physical custody of Anya L.
Halenz subject to Father's periods of partial physical custody as follows:
a. Father shall have physical custody of the Child every Saturday from
5:00 pm until Sunday 5:00 pm.
b. Father shall have physical custody of the Child every Tuesday from 3:15
pm until Wednesday 8:00 am.
C. Father shall have physical custody/visitation with the Child every
Thursday from 3:15 pm until 7:00 pm at Mother's residence.
d. Father shall have additional periods of physical custody as the parties
may mutually agree.
4. The non-custodial parent shall be entitled to have reasonable liberal telephone
contact with the Child.
5. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
6. 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.
7. During any periods of custody or visitation, the parties shall not possess or use
controlled substances or consume/be under the influence of alcoholic beverages to
the point of intoxication. The parties shall likewise assure, to the extent possible,
that other household members and/or house guests comply with this provision.
8. Holidays with the Child shall be alternated and shared as agreed upon by the
parties.
9. 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.
Bar T,
J.
Cc: Samuel Andes, Esquire (20P CE S rhac 6c
Max Smith, Esquire J
John J. Mangan, Esquire ??4 /d?
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MYLES A. SNYDER
Plaintiff
V.
DIANA M. HALENZ
Defendant
Edward E. Guido, J.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-3497 Civil Term
ACTION IN CUSTODY
CONCII.IATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
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
Anya L. Halenz 1/31/07 Mother
2. A Conciliation Conference was held on July 25, 2007 with the following
individuals in attendance:
The Father, Myles Snyder, with his counsel, Max Smith, Esq.
The Mother, Diana Halenz, with her counsel, Samuel Andes, Esq.
3. The Honorable Edward E. Guido entered an Order of Court dated September
12, 2007 regarding the above-captioned matter.
4. A Conciliation Conference was held January 4, 2008 with the following
individuals in attendance:
The Father, Myles Snyder, with his counsel, Max Smith, Esq.
The Mother, Diana Halenz, with her counsel, Samuel Andes, Esq.
5. The parties agreed to the entry of an Order in the form as attached.
Date: U?
John J. an, Esquire
Custod C nciliator
Max J. Smith, Jr., Esquire
Attorney I.D. #32114
Jessica E. Lowe, Esquire
Attorney I.D. #208041
Alexis M. Miloszewski, Esquire
Attorney I.D. #208931
JSDC Law Offices
P.O. Box 650
Hershey, PA 17033
Telephone: 717-533-3280
Fax: 717-533-2795
e-mail: mjs@jsdc.com
TL-'OFFICE
OF THE PROTHONOTARY
APR 29 PM 2:55
CUMBERLAND COUNTY
PENNSYLVANIA
MYLES A. SNYDER,
Plaintiff/Petitioner
V.
DIANA M. HALENZ,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007-3497
: CIVIL ACTION - LAW
: CUSTODY
PETITION TO MODIFY CUSTODY
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW comes the Plaintiff/Petitioner, MYLES A. SNYDER, by his attorney, MAX
J. SMITH, JR., Esquire, and respectfully represents the following:
1. Plaintiff/Petitioner is MYLES A. SNYDER, who resides at 340 West Broad
Street, Williamstown, Dauphin County, Pennsylvania.
2. Defendant/Respondent is DIANA M. HALENZ, who resides at 436 Arlington
Road, Camp Hill, Cumberland County, Pennsylvania.
3. Petitioner and Respondent are not married and are the parents of one (1) child,
4-8 3. oo /hij
070 7 /
o /
ANYA LISE HALENZ, born January 31, 2007.
4. An Order of Court was issued on January 8, 2008 by the Honorable Edward E.
Guido, granting the parties shared legal custody with respect to the minor child, and granting
Respondent primary physical custody, subject to Petitioner's rights of partial custody. (See copy
of Order marked Exhibit "A ", attached hereto and made part hereof).
5. For at least the past five (5) years, the minor child has resided at 436 Arlington
Road, Camp Hill, Cumberland County, Pennsylvania with Mother and at 340 West Broad Street,
Williamstown, Dauphin County, Pennsylvania with Father.
6. The best interests and welfare of the minor child, ANYA LISE HALENZ, require
that primary physical custody be with Father and shared legal custody be with both parents.
Mother has accepted employment in and is in the process of relocating to Key Largo, Florida,
without first obtaining Father's consent to such relocation. Father objects to such relocation if it
means that Anya will be relocating as well.
7. Petitioner does not have any information of any custody proceeding
concerning said minor child in any court in Pennsylvania or any other State, other than
the heretofore referenced proceedings entered to the within term and number.
8. Petitioner has not participated as a party, witness or otherwise in any other
litigation concerning the custody of said minor child in Pennsylvania or any other State,
other than the heretofore referenced proceedings entered to the within term and number.
9. Petitioner does not know of any person not a party to these proceedings who has
physical custody of the said minor child or who claims to have custody or visitation rights with
respect to her.
10. I have attached the Criminal Record /Abuse History Verification form required
pursuant to Pa.R.C.P. No. 1915.3 -1.
WHEREFORE, Petitioner respectfully prays that your Honorable Court order that
primary physical and shared legal custody of the minor child, ANYA LISE HALENZ, be placed
with Father.
Date: April 1).^' 2014
Respectfully submitted,
MAX J. SMITH, JR., (squire
I.D. No. 32114
JESSICA E. LOWE, Esquire
I.D. No. 208041
ALEXIS M. MILOSZEWSKI, Esquire
I.D. No. 208931
JSDC Law Offices
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
co\ k
EXHIBIT "A"
'l
MYLES A. SNYDER .
• Plaintiff
v.
JAN 0 4 2008 0
: IN THE COURT OF COMMONPLEAS .
• CUMBERLAND COUNTY, PENNSYLVANIA
: No. 07 -3497 Civil Term
DIANA M. HALENZ
Defendant : ACTION IN CUSTODY
Prior Judge: Edward E. Guido, J.
COURT ORDER ,
AND NOW, this day of January, 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. The Order dated September 12, 2007 is hereby VACATED and the custody
hearing scheduled for February 7, 2008 at 1:30 pm is hereby CANCELLED.
2. Legal Custody: The Mother, Diana Halenz, and the Father, Myles Snyder, shall
enjoy shared legal custody of the minor child, Anya Lise Halenz, born 1/31/07.
The parties shall have an equal right, to be exercised jointly with the other parent,
to make all major non- emergenc y decisions affecting the: child's general well-
being including, but not limited to, all decisions regarding her 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 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.
3. Physical Custody: The Mother shall have primary physical custody of Anya L.
Halenz subject to Father's periods of partial physical custody as follows:
a. Father shall have physical custody of the Child every Saturday from
5:00 pm until Sunday 5:00 pm.
b . Father -shall- have-- physical- custody -ofthe- Child - -every Tuesday from 3:45
pm until Wednesday 8:00 am.
c. Father shall have physical custody /visitation with the Child every
Thursday from 3 :15 pm Until 7:00 pm at Mother's residence.
Father shall have additional periods of physical custody as the parties
may mutually agree.
4. The non-custodial parent shall be entitled to have reasonable liberal telephone
t--"1 " ebritief With th,
5. In the event of a medical emergency, the custodial party shall notify the other -
parties as soon as practicable after the emergency is handled.
6. 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.
7. During any periods of custody or visitation, the parties shall not possess or use
controlled substances or consume/be under the influence of alcoholic beverages to
the point of intoxication. The parties shall likewise assure, to the extent possible,
that other household members and/or house guests comply with this provision.
• Holidays with the Child shall be alternated and shared as agreed upon by the
parties.
• 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.
Cc: Samuel Andes, Esquire
Max Smith, Esquire
John J. Mangan, Esquire
J.
TRUE COPY FROM RE ORU
In Testimony whereat! here unto set my nand
lnd Vie seal of said CouIt at Carlisle. Pa
'is 4
MYLES.A.; SN:YDER . IN.THE COURT OF COMMON:PLEAS.
- Plaintiff.
No 07-3497 Civil Term
DIANA M. HALENZ
Defendant ACTION IN CUSTODY
Edward E. Guido, J.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
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
Anya L. Halenz 1/31/07 Mother
2. A Conciliation Conference was held on July 25, 2007 with the following
individuals in attendance:
The Father, Myles Snyder, with his counsel, Max Smith, Esq.
The Mother, Diana Halenz, with her counsel, Samuel Andes, Esq.
The Honorable Edward E. Guido entered an Order of Court dated September
12, 2007 regarding the above-captioned matter.
4. A Conciliation Conference was held January 4, 2008 with the following
individuals in attendance:
The Father, Myles Snyder, with his counsel, Max Smith, Esq.
The Mother, Diana Halenz, with her counsel, Samuel Andes, Esq.
5. The parties agreed to the entry of an Order in the form as attached.
Date:
/
Custod C
MYLES A. SNYDER, IN THE COURT OF COMMON PLEAS
Plaintiff /Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2007 -3497
DIANA M. HALENZ, : CIVIL ACTION - LAW
Defendant/Respondent : CUSTODY
CRIMINAL RECORD / ABUSE HISTORY VERIFICATION
I, MYLES A. SNYDER, hereby swear or affirm, subject to penalties of law
including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that:
1. Unless indicated by my checking the box next to a crime below, neither I nor
any other member of my household have been convicted or pled guilty or pled no
contest or was adjudicated delinquent where the record is publicly available pursuant to
the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a
substantially equivalent crime in any other jurisdiction, including pending charges:
Check
all that
apply
Crime
Self Other Date of
household conviction,
member guilty plea, no
contest plea or
pending
charges
L1 18 Pa.C.S. Ch. 25 L1
(relating to criminal
homicide)
II 18 Pa.C.S. §2702
(relating to aggravated
assault)
L1 18 Pa.C.S. §2706
(relating to terroristic
threats)
Sentence
Check
all that
apply
Crime
II 18 Pa.C.S. §2709.1
(relating to stalking)
[� 18 Pa.C.S. §2901
(relating to kidnapping)
L] 18 Pa.C.S. §2902
(relating to unlawful
restraint)
18 Pa.C.S. §2903
(relating to false
imprisonment)
18 Pa.C.S. §2910
(relating to luring a child
into a motor vehicle or
structure)
18 Pa.C.S. §3121
(relating to rape)
II 18 Pa.C.S. §3122.1
(relating to statutory
sexual assault)
Self
Other Date of Sentence
household conviction,
member guilty plea, no
contest plea or
pending
charges
O 0
0
0
O 0
O 0
II 18 Pa.C.S. §3123 II
(relating to involuntary
deviate sexual
intercourse)
L] 18 Pa.C.S. §3124.1
(relating to sexual
assault)
O 0
2
Check
all that
apply
Crime
[� 18 Pa.C.S. §3125
(relating to aggravated
indecent assault)
II 18 Pa.C.S. §3126
(relating to indecent
assault)
L1 18 Pa.C.S. §3127
(relating to indecent
exposure)
II 18 Pa.C.S. §3129
(relating to sexual
intercourse with animal)
L1 18 Pa.C.S. §3130
(relating to conduct
relating to sex
offenders)
II 18 Pa.C.S. §3301
(relating to arson and
related offenses)
II 18 Pa.C.S. §4302
(relating to incest)
II 18 Pa.C.S. §4303
(relating to concealing
death of child)
II 18 Pa.C.S. §4304
(relating to endangering
welfare of children)
Self Other Date of Sentence
household conviction,
member guilty plea, no
contest plea or
pending
charges
3
Check
all that
apply
Crime
Self Other Date of Sentence
household conviction,
member guilty plea, no
contest plea or
pending
charges
II 18 Pa.C.S. §4305 L1 II
(relating to dealing in
infant children)
II 18 Pa.C.S. §5902(b) D ❑
(relating to prostitution
and related offenses)
II 18 Pa.C.S. §5903(c) or Q D
(relating to obscene and
other sexual materials
and performances)
18 Pa.C.S. §6301
(relating to corruption of
minors)
D
II 18 Pa.C.S. §6312 D D
(relating to sexual abuse
of children)
18 Pa.C.S. §6318
(relating to unlawful
contact with minor)
18 Pa.C.S. §6320
(relating to sexual
exploitation of children)
D
D D
L1 23 Pa.C.S. § 6114 D D
(relating to contempt for
violation of protection
order or agreement)
4
Check
all that
apply
Crime
Q Driving under the
influence of drugs or
alcohol
Manufacture, sale,
delivery, holding,
offering for sale or
possession of any
controlled substance or
other drug or device
Self
Other
household
member
D D
Date of Sentence
conviction,
guilty plea, no
contest plea or
pending
charges,
2. Unless indicated by my checking the box next to an item below, neither I nor
any other member of my household have a history of violent or abusive conduct
including the following:
Check
all that
apply
Self
L] A finding of abuse by a Children & Youth [1
Agency or similar agency in Pennsylvania
or similar statute in another jurisdiction
II Abusive conduct as defined under the II
Protection from Abuse Act in
Pennsylvania or similar statute in another
jurisdiction
Other:
5
Other
household
member
D
n
Date
3. Please list any evaluation, counseling or other treatment received
following conviction or finding of abuse:,
4. If any conviction above applies to a household member, not a party,
state that person's name, date of birth and relationship to the child.
5. If you are aware that the other party or members of the other party's
household has or have a criminal/abuse history, please explain:
I verify that the information above is true and correct to the best of my knowledge,
information or belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification
to authorities.
Myles A. Snyder
Printed Name
MYLES A. SNYDER : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
V.
DIANA M. HALENZ
DEFENDANT
: CUMBERLAND COUNTY, PENNSYLVANIA
2007-3497 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, May 02, 2014 , 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 Tuesday, June 10, 2014
10:30 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. 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.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in-person contact with the court (including, but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P. No. 1915.17 regarding relocation.
FOR THE COURT,
By: /s/ John J. Mangan, Jr., EsglyN
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.
Cori 'es
A-4-1- ctsr
144( P2 . Sa,i
Dim Naleta.-
f)44,t J M1414)
Cumberland County Bar Association
32 South Bedford Street
—0
Carlisle, Pennsylvania 17013 rrier7
zni
Telephone (717) 249-3166 z
r—z
•
.101410
• J
ILi' D-0 PrCE.
(IF THE PRO HOMO lr Y°
2014 MAY -9 PM 2: 10
CUMBERLAND CQUNFy
PENNSYLVANIA
MYLES A. SNYDER, )
Plaintiff )
)
)
vs. )
)
)
DIANAMTILTEI�T�, )
Defendant )
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-3497 CIVIL TERM
IN CUSTODY
COUNTER -AFFIDAVIT REGARDING RELOCATION
The party objecting to the Notice of Relocation must file this document with the
Prothonotary's Office within thirty (30) days of receipt of the Notice of Proposed Relocation.
I, MYLES A. SNYDER, file this counter -affidavit regarding the proposed relocation. I
received the Notice of Proposed Relocation on M a., , t 2014.
1. What are the names and ages of the child(ren) affected by the proposed relocation?
A.,yc, H0.1 evz , (
2. Where do this/these child(ren) current reside? [�
`I 3 ( Ar4(a +0 V1 Z0act COQ -Wm pt4( 1 1
340 tae * P 0a.d S4rce , (AM( [awls wvti Pc.
Check one of the following boxes:
O I do not object to the relocation and I do not object to the modification of the
custody order consistent with the proposal for revised custody schedule as attached
to this notice.
O I do not object to the relocation, but I do object to modification of the custody
order and I request that a hearing be scheduled.
NRI
I request that a hearing be schedule
a. Prior to allowing the child(ren) to relocate.
0 b. After the child(ren) relocate.
I do object to the relocation and I do object to the modification of the custody
order, and I request that a hearing be held on both matters prior to the relocating
taking place.
I understand that I must file this counter -affidavit with the Prothonotary's Office
and that I must mail a copy to the other party by certified mail, return receipt requested.
I understand that if I fail to file this counter -affidavit and mail a copy to the other party
within thirty (30) days of receipt of the proposed relocation notice, I shall be prevented
from objecting to the relocation.
1 verify that the statements made in this counter -affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904
(relating to unsworn falsification to authorities).
"2-201 A
Date Myles A. nyd:ai
FILED -OFFICE
F THE PROTHONOTARY
c
KAY I5 ANII. 7
CUMBERLAND COUNTY
PENNSYLVANIA
MYLES A. SNYDER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
) NO. 07-3497 CIVIL TERM
)
) IN CUSTODY
Prior Judge: Edward E. Guido, J.
DIANA M. HALENZ,
Defendant
PETITION TO MODIFY TO ALLOW RELOCATION OF CHILD
AND NOW comes the above-named Defendant, by her attorney Samuel L. Andes, and
petitions the court to modify its prior order of custody, to allow her to relocate with the child,
based upon the following:
1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff.
2. The parties are the parents of one minor child, Anya Lise Halenz, now age 7, born 31
January 2007.
3. The custody of the child is the subject of an order entered by this court dated 8
January 2008, a copy of which is attached hereto and marked as EXHIBIT A.
4. Defendant seeks a modification of the order to allow her to relocate with the child to
Key Largo, Florida. She believes that relocation will be in the best interest of the child, for the
following reasons:
A. She has been the primary custodial parent of the child since the last
order of this court, although the child has spent substantial time in the physical
custody of the Plaintiff.
B. Defendant's employment has been interrupted and become uncertain.
She has an opportunity for long-term full-time employment in Key Largo which
will provide her with the ability to provide a stable home for herself and for the
child. si'? •d0
C. She believes that relocating the child to Florida with her will prove a
better option than having custody of the child transferred to Plaintiff and the child
living with him in upper Dauphin County.
5. Plaintiff brings this action in good faith and not to deprive Plaintiff of his custodial
time with the child. Defendant believes that relocation to Florida will improve the child's life
for the reasons set forth above.
6. Plaintiff believes that the parties can arrange a custody schedule which will not
deprive the Plaintiff of substantial custodial time with the child and which will allow Plaintiff to
maintain a close parent-child relationship with the child.
7. Defendant has provided Plaintiff with the notice of her intended relocation required
by the law of the Commonwealth. A copy of her notice is attached hereto and marked as
EXHIBIT B. That notice was sent to Plaintiff on 28 April 2014. That is less than the sixty (60)
days required by the statute because Defendant did not know with certainty prior to that time that
she had the job and was willing to accept it to relocate to Florida. Defendant had notified
Plaintiff verbally of the potential relocation in December of 2013.
8. Defendant has completed her Criminal and Abuse Record Certification and that is
attached hereto and marked as EXHIBIT C.
9. Defendant's employment opportunity commences on 23 April 2014 and she must be
in Key Largo by that date to take advantage of that employment opportunity.
10. Because of the urgency of Defendant's move to Florida, to take advantage of her
employment opportunity, she requests the court to grant an accelerated hearing so that the
determination of her right to relocate the child with her can be made without delay. In the
alternative, she requests a temporary order granting her authority to take the child to Key Largo
with her on the condition that she and the child return for any proceedings before the court.
WHEREFORE, Defendant prays this court to permit her to relocate the child Anya Lise
Halenz, born 31 January 2007 to Key Largo, Florida with her.
uel
L. des
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
P.O. Box 168
Lemoyne, PA 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I understand that
any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn
falsification to authorities).
Date: 11/512014 l (/(G Lam,
DIANA M. HALENZ
EXHIBIT A
JAN 0 4 2008 0
MYLES A. SNYDER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 07-3497 Civil Term
DIANA M. HALENZ
Defendant : ACTION IN CUSTODY
Prior Judge: Edward E. Guido, J.
COURT ORDER
AND NOW, this O . day of January, 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. The Order dated September 12, 2007 is hereby VACATED and the custody
hearing scheduled for February 7, 2008 at 1:30 pm is hereby CANCELLED.
2. Legal Custody: The Mother, Diana Halenz, and the Father, Myles Snyder, shall
enjoy shared legal custody of the minor child, Anya Lise Halenz, born 1/31/07.
The parties 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. 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 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.
3. Physical Custody: The Mother shall have primary physical custody of Anya L.
Halenz subject to Father's periods of partial physical custody as follows:
a. Father shall have physical custody of the Child every Saturday from
5:00 pm until Sunday 5:00 pm.
b. Father shall have physical custody of the Child every Tuesday from 3:15
pm until Wednesday 8:00 am.
c. Father shall have physical custody/visitation with the Child every
Thursday from 3:15 pm until 7:00 pm at Mother's residence.
d. Father shall have additional periods of physical custody as the parties
may mutually agree.
4. The non-custodial parent shall be entitled to have reasonable liberal telephone
contact with the Child.
5: In the event of a'medical emergency, the custodial party shall notify the other,
parties as soon as practicable after the emergency is handled.
6. 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 opinionof
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.
7. During any periods of custody or visitation, the parties shall not possess or use
controlled substances or consume/be under the influence of alcoholic beverages to
the point of intoxication. The parties shall likewise assure, to the extent possible,
that other household members and/or house guests comply with this provision.
8. Holidays with the Child shall be alternated and shared as agreed upon by the
parties.
9. 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.
Cc: Samuel Andes, Esquire
Max Smith, Esquire
John J. Mangan, Esquire
J.
TL M COPY FROM RECORU
in Te t;monn whereof. i WO unto set my I a
afitt the seal ol said Cou at Carlin. Pa
k- cloy � .7G2:)/3
Pro;tton
MYLES A. SNYDER
: IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA'
DIANA M. HALENZ
Defendant
Edward E. Guido, J.
: No. 07-3497 Civil Term
: ACTION IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
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
Anya L. Halenz 1/31/07 Mother
2. A Conciliation Conference was held on July 25, 2007 with the following
individuals in attendance:
The Father, Myles Snyder, with his counsel, Max Smith, Esq.
The Mother, Diana Halenz, with her counsel, Samuel Andes, Esq.
3. The Honorable Edward E. Guido entered an Order of Court dated September
12, 2007 regarding the above -captioned matter.
4. A Conciliation Conference was held January 4, 2008 with the following
individuals in attendance:
The Father, Myles Snyder, with his counsel, Max Smith, Esq.
The Mother, Diana Halenz, with her counsel, Samuel Andes, Esq.
5. The parties agreed to the entry of an Order in the form as attached.
Date: by /
John J.
Custod
an, Esquire
nciliator
1
EXHIBIT B
MYLES A. SNYDER,
Plaintiff
vs.
DIANA M. HALENZ,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-3497 CIVIL TERM
IN CUSTODY
NOTICE OF PROPOSED RELOCATION TO BE COMPLETED BY PARTY
INTENDING TO RELOCATE
I, DIANA M. HALENZ, parent of ANYA LISE HALENZ, born 31 January 2007 intend
to move on 23 April 2014 and answer the following questions as follows:
1. What is the address of the intended new residence?
66 Coconut Drive, Key Largo, Florida
2. What is the mailing address of the intended new residence:
66 Coconut Drive, Key Largo, Florida
3. What are the name (s) and age (s) of all individual (s) who will be living at this new
residence:
Diana M. Halenz, age 50
Anya Lise Halenz, age 7
4. What is the home telephone number of the intended new residence?
(717)215-7135
5. What is the name of the new school and the new school district?
Key Largo Elementary School, Monroe County School District
6. What is the date of the proposed relocation?
23 April 2014, or as promptly thereafter as the court
permits.
7. What are the reason for the proposed relocation?
More secure job and long term employment for
Defendant which will permit her to spend more time
with and make a more stable home for the child.
8. How do you propose to change the custody schedule that is currently in effect?
Primary physical custody with Defendant during the
school year and primary physical custody with
Plaintiff during most of the summer and other school
vacations.
9. Is there any other information that is relevant to the proposed relocation?
No.
10. I have included a counter -affidavit that you can use to object to the proposed
relocation.
WARNING TO NON -RELOCATING PARTY
IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION, YOU MUST
FILE THIS COUNTER -AFFIDAVIT WITH THE PROTHONOTARY'S OFFICE
WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE
FORECLOSED FROM OBJECTING TO THE RELOCATION.
Samuel L. Ani -s
Attorney for Defendant
Supreme Court ID # 17225
525 North 12'' Street
P.O. Box 168
Lemoyne, PA 17043
(717) 761-5361
MYLES A. SNYDER,
Plaintiff
vs.
DIANA M. HALENZ,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-3497 CIVIL TERM
IN CUSTODY
COUNTER -AFFIDAVIT REGARDING RELOCATION
The party objecting to the Notice of Relocation must file this document with the
Prothonotary's Office within thirty (30) days of receipt of the Notice of Proposed Relocation.
I, MYLES A. SNYDER, file this counter -affidavit regarding the proposed relocation. I
received the Notice of Proposed Relocation on 2014.
1. What are the names and ages of the child(ren) affected by the proposed relocation?
2. Where do this/these child(ren) current reside?
Check one of the following boxes:
❑ I do not object to the relocation and I do not object to the modification of the
custody order consistent with the proposal for revised custody schedule as attached
to this notice.
❑ I do not object to the relocation, but I do object to modification of the custody
order and I request that a hearing be scheduled.
I request that a hearing be schedule
a. Prior to allowing the child(ren) to relocate.
0 b. After the child(ren) relocate.
0 I do object to the relocation and I do object to the modification of the custody
order, and I request that a hearing be held on both matters prior to the relocating
taking place.
I understand that I must file this counter -affidavit with the Prothonotary's Office
and that I must mail a copy to the other party by certified mail, return receipt requested.
I understand that if I fail to file this counter -affidavit and mail a copy to the other party
within thirty (30) days of receipt of the proposed relocation notice, I shall be prevented
from objecting to the relocation.
I verify that the statements made in this counter -affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904
(relating to unsworn falsification to authorities).
Date Myles A. Snyder
i�
MYLES A. SNYDER,
Plaintiff
vs.
DIANA M. HALENZ,
Defendant
L PRO TH0NOt it`s 4 `.
Z ltol4 Y 15 Aill(-i 142
CUMBERLAND COUNT'
PENNSYLVANIA
IN THE COURT OF COMMON
) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
) CIVIL ACTION - LAW
)
) NO. 07-3497 CIVIL TERM
)
) IN CUSTODY
CRIMINAL RECORD / ABUSE HISTORY VERIFICATION
I, DIANA M. HALENZ, hereby swear or affirm, subject to penalties of law including 18
Pa. C.S. § 4904 relating to unsworn falsification to authorities that:
1. Unless indicated by my checking the box next to a crime below, neither I nor any
other member of my household have been convicted or pled guilty or pled no contest or was
adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.
C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in
any other jurisdiction, including pending charges:
Check
all
that
apply
Crime
Self Other Date of
household conviction, guilty
member plea, no contest
plea or pending
charges
❑ 18 Pa. C.S. Ch. 25 (relating ❑ ❑
to criminal homicide)
❑ 18 Pa. C.S. § 2702 (relating ❑ ❑
to aggravated assault)
❑ 18 Pa. C.S. § 2706 (relating ❑ ❑
to terroristic threats)
Sentence
❑ 18 Pa. C.S. § 2709.1 ❑ ❑
(relating to stalking)
❑ 18 Pa. C.S. § 2901 (relating ❑ ❑
to kidnapping)
❑ 18 Pa. C.S. § 2902 (relating El ❑
to unlawful restraint)
❑ 18 Pa. C.S. § 2903 (relating ❑ ❑
to false imprisonment)
❑ 18 Pa. C.S. § 2910 (relating 0 0
to luring a child into a motor
vehicle or structure)
O 18 Pa. C.S. § 3121 (relating 0 ❑
to rape)
O 18 Pa. C.S. § 3122.1 ❑ 0
(relating to statutory sexual
assault)
❑ 18 Pa. C.S. § (relating to 0 ❑
involuntary deviate sexual
intercourse)
O 18 Pa. C.S. §3124.1 ❑ 0
(relating to sexual assault)
❑ 18 Pa. C.S. §3125 (relating 0 0
to aggravated indecent
assault)
O 18 Pa. C.S. §3126 (relating 0 0
to indecent assault)
O 18 Pa. C.S. §3127 (relating 0 0
to indecent exposure)
❑ 18 Pa. C.S. §3129 (relating ❑ ❑
to sexual intercourse with
animal)
❑ 18 Pa. C.S. §3130 (relating ❑ ❑
to conduct relating to sex
offenders)
❑ 18 Pa. C.S. §3301 (relating ❑ ❑
to arson and related
offenses)
❑ 18 Pa. C.S. §4302 (relating 0 0
to incest)
O 18 Pa. C.S. §4303 (relating 0 0
to concealing death of child)
❑ 18 Pa. C.S. §4304 (relating 0 ❑
to endangering welfare of
children)
O 18 Pa. C.S. §4305 (relating ❑ ❑
to dealing in infant children)
O 18 Pa. C.S. § 5902 (b) 0 0
(relating to prostitution and
related offenses)
❑ 18 Pa. C.S. §5903 (c) or (d) 0 0
(relating to obscene and
other sexual materials and
performances)
O 18 Pa. C.S. §6301 (relating 0 0
to corruption of minors)
O 18 Pa. C.S. §6312 (relating 0 0
to sexual abuse of children)
❑ 18 Pa. C.S. §6318 (relating ❑ ❑
to unlawful contact with
minor)
❑ 18 Pa. C.S. §6320 (relating ❑ ❑
to sexual exploitation of
children)
❑ 23 Pa. C.S. § 6114 (relating ❑ ❑
to contempt for violation of
protection order or
agreement)
❑ Driving under the influence ❑ ❑
of drugs or alcohol
❑ Manufacture, sale, delivery, ❑ ❑
holding, offering for sale, or
possession of any controlled
substance or other drug
devise
2. Unless indicated by my checking the box next to an item below, neither I nor any
other member of my household have a history of violent or abusive conduct including the
following:
Check Self Other
all household
that member
apply
❑ A fording of abuse by a ❑ ❑
Children & Youth Agency
or similar agency in
Pennsylvania or similar
statute in another
jurisdiction
❑ Abusive conduct as defined ❑ ❑
under the Protection from
Abuse Act in Pennsylvania
or similar statute in another
jurisdiction
❑ Other: ❑
Date
3. Please list any evaluation, counseling or other treatment received following conviction
or fording of abuse:
4. If any conviction above applies to a household member, not a party, state that person's
name, date of birth and relationship to the child.
5. If you are aware that the other party or members of the other party's household has or
have a criminal/abuse history, please explain:
I verify that the information above is true and correct to the best of my knowledge,
information or belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
DIANA M. HALENZ
MYLES A. SNYDER,
Plaintiff
vs.
DIANA M. HALENZ,
Defendant
F1LEU.OFF CE
OF THE PROTHONOTARY
2Of►tfill's 23 PH
CUMBERLAND COUNTY
PENNSYLVAN1A
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-3497 CIVIL TERM
IN CUSTODY
1
ORDER OF COURT
, 204 upon consideration of the attached
AND NOW, rI A 7 A 3,
complaint, it is hereby directed'that the parties and their respective counsel a pear before
Lor)u ttij'Ad. Vuedtif.J/, Esquire, the conciliator, at. i 6. � . pit,/j� L. ,
reva,s A. , Pennsylvania, on i ES . the 4.1.716 day of MA / , 2014,
at / :...4e o'clock .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. Either party
may bring the child who is the subject of this custody action to the conference, but the child's
attendance is not mandatory. Failure to appear at the conference may provide grounds for entry
of a temporary or permanent order.
FOR THE C
�A 1L
By
.(nitYA, £SLS . Custody Conciliator l.% 1162h d
AAida/ Esq .
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.
�a t es
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
3
MYLES A. SNYDER,
Plaintiff
V.
DIANA M. HALENZ,
Defendant : IN CUSTODY
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007-3497 CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this /cD 10 day of Lj aA/i , 2014, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. A pretrial confer e with the igned Judge is -reby schechtledirthe
above case on the . of , 2 at .m. in
courtroom number of the Cumber . County o rthouse. The parties
are directed to. o oceed with' ing a pretrial st ent with t . - ourt and the other party
consiste ith. the Per a lvania Rule of it Procedu_ :915.4-4.
2. A Hearing is scheduled in Court Room N , of the Cumberland.
County Court House, on the /21A day of/ , 2014, at 9:30
o'clock . M., at which time testimony will be taken.. For purposes of this Hearing,
Father shall be deemed to be the moving party and shall proceed ,ed initially with testimony.
3. Pending a hearing, the prior Order of Court dated January 8, 2008 shall
remain in full force and effect with the following modification.
4. Father shall have primary physical custody.
5. Mother shall have periods of partial physical custody when she is in the
area. Mother shall also have period ofpartial physical custody as agreed by the parties.
6. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this O.=.•cicr shall control.
BY
Edward
Edward E. Guido,
cc: J. Smith, Jr., Esquire, Counsel for Father
Samuel L. Andes, Esquire, Counselor Mother
iii y ���.
�"'Tr?)
J.
ter'
- c:
MYLES A. SNYDER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2007-3497 CIVIL ACTION - LAW
DIANA M. HALENZ,
Defendant : IN CUSTODY
PRIOR JUDGE: Edward E. Guido, J.
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
Anya Lise Halenz
January 31, 2007 Father
2. A Conciliation Conference was held in this matter on May 27, 2014, with
the following in attendance: The Father, Myles A. Snyder, with his counsel, Max J.
Smith, Jr., Esquire, and Mother's counsel, Samuel L. Andes, Esquire, by telephone.
3. The Honorable Edward E. Guido previously entered an Order of Court
dated January 8, 2008 providing for shared legal custody, Mother having primary
physical custody and Father having periods of partial physical custody 2 overnights every
week and one evening per week.
4. Father filed for Modification and Mother filed for Relocation.
5. Father's position on custody is as follows: Father seeks shared legal
custody and primary physical custody, with Mother having physical custody most of the
summer and school holidays. Father asserts that he has had primary physical custody
over the past year due to Mother's work schedule. Father opposes Mother's request for
relocation maintaining that the child is rooted here, has friends and family here, and
continuity of education is here. He asserts that Mother's relocation to Florida is a lateral
employment move and there is no family in Florida.
6. Mother's position on custody is as follows: Mother seeks shared legal
custody and primary physical custody of the child with Father having physical custody
during most of the summer and school holidays. Mother has already relocated to Florida
for employment reasons. Mother lost her job in the area and was assigned to work
outside the state requiring her to commute back to the area on weekends. Mother then
accepted employment in Florida. Mother has 2 older daughters, one will relocate to
Florida when school recesses for the summer and the other daughter attends college in
Pittsburgh.
7. The Conciliator recommends an Order in the form as attached scheduling
a Hearing, and modifying the prior Order to reflect the current physical custody
arrangement. It is expected that the Hearing will require one-half day.
Date
Jac.Seline M. Verney, Esquire d
Custody Conciliator
0.
N_EO-CFFICE
f.)i• THE PRO THONOIRtti
2014 JUL 29 AM PO: 55
CUMBERLAND COUNTY
PENNSYLVANIA
MYLES A. SNYDER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
) NO. 07-3497 CIVIL TERM
DIANA M. HALENZ, )
Defendant ) IN CUSTODY
MOTION TO RESCHEDULE HEARING
AND NOW comes the above-named Defendant, by her attorney Samuel L. Andes, and
moves the court to reschedule the hearing now scheduled for 18 August 2014, based upon the
following:
1. The moving party herein is the Defendant. The respondent herein is the Plaintiff.
2. This action involves the custody of one minor child of Plaintiff and Defendant. In
this action, Plaintiff seeks to have the court award him primary physical custody of the child and
have the child remain with him in Pennsylvania and Defendant seeks to have the court award her
primary physical custody and allow the child to relocate with her to Florida.
3. The court has scheduled a hearing in this matter for 18 August 2014.
4. Defendant requests that that hearing be rescheduled because 18 August 2014 is the
first day of school in the school district where she resides and her daughter by a prior marriage,
who resides with her in Florida, will be starting a new school on that day. That is also the day
that the child which is the subject of this action, would start school if the court awards Defendant
primary physical custody.
5. Defendant is hopeful that the court can accommodate a rescheduling of the hearing a
few days before or after 18 August 2014 so this matter cannot be unreasonably delayed.
6. Defendant has provided a copy of this Motion to Plaintiff's attorney and he does not
oppose this request for rescheduling.
7. Matters in this case have been assigned to the Honorable Edward E. Guido.
WHEREFORE, Defendant moves this court to reschedule the hearing in this matter to a
few days prior to or after the date currently scheduled for the hearing.
Samue L. Arid/es
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
P.O. Box 168
Lemoyne, PA 17043
(717) 761-5361
i L 4. D J i i O I,.
OF THE PRO i HONO 1A
MYLES A. SNYDER,
Plaintiff
vs.
DIANA M. HALENZ,
Defendant
iir
AND NOW this 1 1a
Defendant's Motion, nd is
Pfow s"e o '. "" . --- - -'1137y o" � --�' 20141 _- - , -,4
n' _ _ . ...s-,1,..0, A EA ,74 ,i& ani 1/ AfP2010',/ 1-/r•
BY THE
1014 AUG -7 All -9: 29
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-3497 CIVIL TERM
IN CUSTODY
ORDER OF COURT
, 2014, upon consideration of
J.
Distribution:
—Max J. Smith, Jr., Esquire (Attorney for Plaintiff)
P.O. Box 650, Hershey, PA 17033
./ Samuel L. Andes, Esquire (Attorney for Defendant)
525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043
Gari.C.0 fr/4/t LcL
t/y
MYLES A. SNYDER, .
Plaintiff
v.
DIANA M. HALENZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVVII
NO. 2007-3497 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this 18th day of August, 2014, after
CD
hearing, all prior Custody Orders are vacated and replaced with
the following:
1. The Father, Myles A. Snyder, and the Mother,
Diana M. Halenz, shall have shared legal custody of Anya Lise
Halenz, born January 31, 2007. The parents 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 her health, education and religion.
Pursuant to the terms of 23 Pa. C.S. Section 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. Both parents
shall be entitled to full participation in all educational and
medical/treatment planning meetings and evaluations with regard
to the minor child. Each parent shall be entitled to full and
complete information from any physician, dentist, teacher, or
authority and copies of any reports given to them as parents
including, but not limited to: medical records, birth
certificates, school or educational attendance records or report
cards. Additionally, each parent shall be entitled to receive
copies of any notices which come from school with regard to
school pictures, extracurricular activities, child's parties,
musical presentations, back -to -school nights, and the like.
2. Father shall have primary physical custody of the
child subject to periods of partial physical custody with Mother
as follows:
A. In even -numbered years from December 26 until
three days before Christmas vacation ends. In odd -numbered
years from December 23 until December 29.
B. From the first Saturday after school ends
until the second Saturday in August each year.
C. At such other times as the parties agree.
3. The non-custodial parent shall be entitled to
liberal contact by way of phone, e-mail, text or other
electronic communication methods.
4. In the event of a medical emergency, the
custodial party shall notify the other party as soon as
practicable after the emergency is handled.
5. 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, nor may either party hamper the free and
natural development of the child's love or affection for the
other party.
6. No party shall be permitted to relocate the
residence of the child which significantly impairs the ability
to exercise custody unless every individual who has custodial
rights to the child consents to the proposed relocation. A
person proposing to relocate must comply with 23 Pa. C.S.
Section 5337.
7. The party receiving custody of the child shall be
responsible for the cost of the ticket for the child to travel
to his or her residence. Unless otherwise agreed by the
parties, the change of custody shall occur at the Fort
Lauderdale International Airport and BWI.
By the Court,
Edward E. Guido, J.
J Max J. Smith, Jr., Esquire
Attorney for Plaintiff
4muel L. Andes, Esquire
Attorney for Defendant
srs
'ES trzitsc.t,