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HomeMy WebLinkAbout03-4817WAYNE F. SHADE WAYNE K. NYE, Plaintiff DONNA F. JOItNSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03- q~l [ CIVIL TERM : : CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff WAYNE K. NYE is an adult individual who resides at 415 Enola Road, Newburg, Cumberland County, Pennsylvania 17240. 2. Defendant DONNA F. JOHNSON is an adult individual who resides at 351 East Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks primary physical custody of Selina Rose Nye, bom September 24, 1990. The child was not bom out of wedlock. 5. During the past five years, the child has lived in shared alternate week physical custody with the parties hereto at their respective addresses. The relationship of Plaintiff to the child is that of the father, and he currently resides in shared physical custody of the son of the parties, Byron Kenneth Nye, bom February 28, 1986. 7. The relationship of Defendant to the child is that of the mother, and she currently resides in shared physical custody of the son of the parties and with her husband, Galen Johnson. 8. The parties hereto were divorced from the bonds of matrimony by Decree in Divorce dated June 26, 1996, and docketed to No. 94-6297 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania. 9. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 10. Plaintiff'has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania -2- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 11. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. The best interests and general welfare of the child will be served by granting the relief requested for the reason that the mother has initiated a pattern of obstructing the informal alternate week shared custody arrangement which has been in place for nearly nine years. 13. 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, Plaintiff requests a grant of primary physical custody with respect to the child. Wayne F. Shade Attomey for Plaintiff Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -3- I verify that the statements made in this pleading 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: September 12, 2003 WAYNE F. SHADE Attorney at Law 53 West Porafret Sl~eet Carlisle, Pennsylvania 17013 WAYNE K. NYE PLAINTIFF V. DONNA F. JOHNSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-4817 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 17, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 16, 2003 at 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 com~, 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 tbr 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/ Hubert X. Gilroy, Esq. Custody Conciliator · he 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 betbre 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 TIlE OFFICE SET FORTH BELOW 'FO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Asseciation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CC: WAYNE K. NYE, Plaintiff v DONNA F. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003-4817 CIVIL : IN CUSTODY COURT ORDER AND NOW, this /~-O~ day of November, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Counr,~,, No. tT/ of the Cumberland Couonty Courthouse on the -~ day of .~;?~ , 2~9~ at _~_;,.~0~_ ,~ .M. At this hearing, the Father, wa~n~-K. N~-, shall be the moving party and shall proceed initially with testimony· Counsel for the parties, or the parties themselves if they do not retain legal counsel, shall file with. the court a memorandum setting forth the history of cu. stody in this case, the ~ssues currently before the court, a summary of their position on the custody arrangement, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date· 2. Pending further order of this court, it is ordered that the Father, Wayne K. Nye, and the Mother, Donna F. Johnson, shall enjoy shared legal and shared physical custody of Selina Rose Nye, born September 24, 1990. Physical custody shall be handled consistent with the previous schedule of alternating weeks. Mother is directed to provide Father's counsel with copies of all medical reports received concerning the minor child. This order is also authorization for all medical providers, school officials and other professionals who have an association with the minor child Selena Rose Nye, born September 24, 1990, to release information concerning this minor child to both the Father, Wayne K. Nye, and the Mother, Donna F. Johnson, without any further order of court or directive to these professionals. ~ayne F. Shade, Esquire M~onna F. Johnson 351 East Burd Street Shippensburg, PA 17257 BY THE COURT, WAYNE K. NYE, Plaintiff v DONNA F. JOHNSON, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-4817 CIVIL 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: The pertinent information pertaining to the child wbo is the subject of this litigation is as follows: Selina Rose Nye, born September 24, 1990. A Conciliation Conference was held on November 6, 2003, with the following individuals in attendance: The Father, Wayne K. Nye, with his counsel, Wayne F. Shade, Esquire; and the Mother, Donna F. Johnson, who appeared without counsel· The parties were separated in 1994 and divorced in 1996. Since that time, they have worked between themselves on a custody arrangement whereby they have enjoyed shared legal custody with physical custody being handled on a week on/week off basis· Father now has concerns relative to Mother's ability to care for the daughter in light of the fact that the daughter is missing a lot of school while the daughter is with the Mother· Father also has concerns relative to the Mother's current physical/mental state. Mother suggests she has provided doctor's excuses verifying that the child was appr.o, priately absent from school for medic . Father notes that the child has mis~-~: ........ al reasons However, ~*-, m excess o~ 1~ aays of school this semester and such absences would be a problem. He notes that the child is only sick when she is with the Mother, and that the child always goes to school when she is with the Father. The parties are unable to reach an agreement and a hearing is required. Based upon the existing custody situation, the conciliator is recommending an order affirming the status quo with the court to hear testimony relative to the various issues raised by the parties and the court will also need to determine whether the existing custody arrangement should be modified· The conciliator recommends the entry of an order in the form as attached. DATE WAYNE F. SHAD Carlisle, Pennsylvania WAYNE K. NYE, Plaintiff DONNA F. JOHNSON, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03-4817 CIVIL TERM : : CUSTODY AFFIDAVIT OF SERVICE WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff in the above-captioned matter, that he did, on September 24, 2003, serve the Complaint in the above-captioned matter upon Defendant by regular United States mail, postage prepaid, and that Defendant acknowledged service at the time of her general appearance in the custody conciliation on the Fourth Floor of the Cumberland County Courthouse, Carlisle, Pennsylvania, on November 6, 2003. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: February 23, 2004 Wayne F. ~'hade · WAYNE K. NYE, Plaintiff VS. DONNA F. JOHNSON, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA : 03-4817 CIVIL CIVIL ACTION - LAW : : CUSTODY ORDER day of March, 2004, after hearing it is ordered and decreed as follows: 1. Shared legal custody of the child, Selina Rose Nye, bom September 24, 1990, will be in both of the parties hereto as the natural parents as contemplated by 23 Pa.C.S.A. 5302. 2. Primary physical custody of said child during the school year shall be in the father subject to partial physical custody with the mother: (a) Every other weekend from after school on Friday through Sunday at 9:00 p.m.; and (b) On Tuesdays and Thursdays from after school until 8:00 p.m. 3. Primary physical custody of said child during the summer school vacation and the Christmas school vacation shall be in the mother subject to the following periods of partial custody with the father: (a) Every other weekend from Friday at 4:00 p.m. through Sunday at 9:00 p.m. with the alternating weekends to proceed in accordance with the alternating weekend schedule during the school year; (b) Twenty-one (21) days' summer vacation custody to be taken either separately or consecutively upon thirty (30) days' notice in writing from the father to the mother; provided, nevertheless, that the mother may reserve any twenty-one (21) days during the summer to be taken either separately or consecutively upon providing forty-five (45) days' notice in writing to the father with such vacation time in the mother to take precedence over any summer vacation custody not previously requested by the father: (c) Christmas Day each year from 1:00 p.m. through December 29th at 9:00 p.m.; (d) July 4th each year from 9:00 a.m. through 9:00 p.m.; (e) The mother shall have partial physical custody of the child from 9:00 a.m. through 9:00 p.m. on Mother's Day, and the father shall have partial physical custody of the child from 9:00 a.m. through 9:00 p.m. on Father's Day; (f') Such other periods of partial physical custody as the parties may from time to time agree; and (g) The parent receiving custody of the child shall be responsible for obtaining custody of the child at the home of the parent surrendering custody of the child. BY THE COURT, Wayne F Shade, Esquire For the Plaintiff Donna F. Johnson, Pro Se Defendant :rim K~. Hess, J.