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HomeMy WebLinkAbout07-4906F: \FILES\9931\9931.2. custom Creazed: 9/20/04 0:06PM Revised: 8/ 16/07 1 l :19AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRANK C. NYE, PHYLLIS M. NYE, Plaintiff v. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- ~~0 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2007, upon consideration of the attached Complaint for Custody, it is hereby directed that the parties and their respective counsel appear before the Conciliator, at on 2007, at _.m. 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 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. The Court of Common Pleas 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F 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 FOR THE COURT: BY: Custody Conciliator .. FRANK C. NYE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- ~/ ~ d (o CIVIL ACTION -LAW PHYLLIS M. NYE, : Defendant IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff is Frank C. Nye, an adult individual currently residing at 2681 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Phyllis M. Nye, an adult individual currentlyresiding at 120 Milky Way Shippensburg, Cumberland County, Pennsylvania. 3 . Plaintiff seeks custody of the child, Justin Craig Nye, who was born on July 10,1991. The child was born in wedlock. 4. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Justin lived with both parents at 210 Timothy Lane, Shippensburg, PA, until January 2, 2007. Since then, he has lived with Mother at 120 Milky Way, Shippensburg, PA. 5. The relationship of the Plaintiff to the child is that of father. He is married and living separately. The Plaintiff currently resides alone. 6. The relationship of the Defendant to the child is that of mother. She is married and living separately. The Defendant currently resides with Justin 7. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 8. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 9. The best interest and permanent welfare of the child will be served by granting shared legal and physical custody to Plaintiff. 10. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. C'7 WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests shared legal and physical custody. MARTSON LAW OFFICES Thomas J. ' liams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: i ~ ' ~ VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. c Frank C. Nye t..~ r- r.~ ~..~ C~ v --. s R'1 [~ P.J "1 ~.' . ~..., T ~, G :+ f~1 r ^ t ~ 0~1 ~ :.. r'I"f : " ~ ~ ~ ~. ~ ~' ~C r.t r~ Y ~, A 4 FRANK C. NYE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COCJNTY, PENNSYLVANIA V. PHYLLIS M. NYE DEFENDANT • 2007-4906 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 23, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esg. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 25, 2007 at 9:30 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/ ac ueline M. Verne 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 ~'J ~; ter°4~l A ~' ~`',I'~~,~ ~? ~ f1~ ~~ 6~d 8~ J~'~ L0~6~ t~~`dl~t~i~~~,~~~d ~Hi ~4 X71!: ~ ~-~1~"ll~i SEP 2 82fl0T ~~ FRANK C. NYE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4906 CIVIL ACTION -LAW PHYLLIS M. NYE, . Defendant IN CUSTODY ORDER OF COURT AND NOW, this z~- day of ~~- , 2007, upon consideration of the attached Custody Concilia ion Report, it is ordered and directed as follows: 1. The Father, Frank C. Nye and the Mother, Phyllis M. Nye, shall have shared legal custody of Justin Craig Nye, born July 10, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding 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 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, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child as follows: A. Beginning Saturday, October 6, 2007 alternating Saturdays from 11:00 a.m. to 3:00 p.m. B. Such other times as the parties agree k 4. Father and son are encouraged to participate in counseling. .', 1 ~ ~11 '~ , nE~~J l ~~ w~:! LZ c~~ ~~~~ ~4JY ~ VIA(. ~i L~:.1 ~.~1 ~,.1 J`~~ .i© 5. Transportation shall be shared as agreed by the parties. 6. 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. Another Custody Conciliation Conference is scheduled for November 19, 2007 at 9:30 a.m. BY THE COURT, ~L ,A J. c~mas J. Williams, Esquire, Counsel f Father ,~ara Haggerty, Esquire, Counsel for Cher o~% FRANK C. NYE, Plaintiff V. PHYLLIS M. NYE, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4906 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 Justin Craig Nye July 10, 1991 Mother 2. A Conciliation Conference was held in this matter on September 25, 2007, with the following in attendance: The Father, Frank C. Nye, with his counsel, Thomas J. Williams, Esquire, and the Mother, Phyllis M. Nye, with her counsel, Kara Haggerty, Esquire. 3. The parties agreed to an Order in the form as attached. C1~ -~ S u ~ Date /"l ~ ~ acq ine M. Verney, Esquire Custody Conciliator FRANK C. NYE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4906 CIVIL ACTION -LAW PHYLLIS M. NYE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this oZ~.d~' day of ~~~~~~7~'I,PJY , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 7 , of the Cumberl d County Co House, on the ~~ day of , 200 Fl, at / 3 o'clock, M., at which time testimony will be taken. or purposes of this Hearing, the Father shall be deemed to be the moving party 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. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated September 27, 2007 shall remain in full force and effect with the following modifications and additions. 3. Father shall have physical custody of the child on alternating Saturdays from 10:00 a.m. to 4:00 p.m. or some other agreeable six hour period every other week. 4. Father shall have physical custody of the child one overnight per month at times agreed by the parties. 5. Father shall have some time over the holidays as is agreed by the parties. 6. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE OURT, ~/ Kevin A«I-Iess, J. cc: Thomas J. Williams, Esquire, counsel for Father Kara W. Haggerty, Esquire, counsel for Mother ~ n~-d ~~" a ~ ~ ~' ~ ~,~ :2 ~!d ~ 2 SON ~QOZ FRANK C. NYE, Plaintiff V. PHYLLIS M. NYE, Defendant PRIOR JUDGE: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4906 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 Justin Craig Nye July 10, 1991 Mother 2. A Conciliation Conference was held November 20, 2007 with the following individuals in attendance: The Father, Frank C. Nye, with his counsel, Thomas J. Williams, Esquire, and the Mother, Phyllis M. Nye, with her counsel, Kara W. Haggerty, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated September 27, 2007 providing for shared legal custody, Mother having primary physical custody and Father having fours hours on alternating Saturdays. 4. Father's position on custody is as follows: Father seeks shared legal and periods of partial physical custody six hours on alternating weeks, one overnight per month and time during the holidays. Father indicates that the time he currently has with his son is going well, but would like more time so that they may have time to do additional things together. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She asserts that the child does not want additional time with Father. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and giving Father additional time as requested. It is expected that the Hearing will require one-half day. Date acq line M. Verney, Esquire Custody Conciliator Y