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HomeMy WebLinkAbout07-5080THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717j 731-1461 ROBERT SNYDER, Plaintiff v. REBECCA HAINES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO . ~ ~' v~d PO CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Robert Snyder residing at 4513 Florence Avenue, Apartment B, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Rebecca Haines who resides at 103 West Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks legal custody and partial physical custody of the following child: NAME Aleena Joy Haines PRESENT RESIDENCE 103 West Main Street Shiremanstown, PA DOB 09/23/06 The child was not born in wedlock. The child is presently in the physical custody of Rebecca Haines who resides at 103 West Main Street, Shiremanstown, Pennsylvania. The child has resided with the following persons and at the following addresses: Person Address Date Mother 103 tnlest Main Street 09/06 -present Shiremanstown, PA The mother of the child is Rebecca Haines who currently resides at 103 West Main Street, Shiremanstown, Pennsylvania 17011. She is not married. The father of the child is Robert Snyder who lives at 4513 Florence Avenue, Apartment B, Mechanicsburg, Pennsylvania 17055. He is not married. 4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: None 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship Aleena Joy Haines Daughter 6. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 2 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff can properly care for his child. B. Plaintiff can provide a loving .home. C. Plaintiff wants to be a significant part of his daughter's life. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable. Court to grant him joint legal custody and partial physical custody of his child, at times determined to be in the child's best interest. Respectfully submitted, Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-14.61 3 VERIFICATION I, Robert Snyder, hereby certify that the foregoing CUSTODY COMPLAINT is true and correct to the best of my knowledge, information and belief. 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. DATED: ~ ~ y ~~~ ~ /" f" / Robert Snyder Plaintiff 4 (~'? N -.i !77 f "^r, _ i '" ; '~ rSl - ' Q `~--~ ~ '- - - -- r `e ~ t{ V V ~~ ` , V ~ O~ciruu Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone:717-737-0100 Fax:717-975-0697 Email: dianeradcliff C~comcast.net Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT SNYDER, Plaintiff N0. 07-5080 V. CIVIL ACTION -LAW REBECCA HAINES, IN CUSTODY Defendant PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Rebecca Haines. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date: September 5, 2007 DIA CLIFF, ES IRE ~'h ~ _ C ~ ~ ~ <.'~ 'TJ ! ; ~. F"E"7 r- r (~'~ ~~ . 4 ~r'7 _ C1'3 ~{ ~ ~ .. r_ '. _ ~ ; _.. e_ -i" :; r~,. ~ t~i7 ti ~ it ROBERT SNYDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA u' 07-5080 CIVIL ACTION LAW REBECCA HAINES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, Septen it is hereby directed that parties and their rest at 39 West Main Street, Mechanicsburg for aPre-Hearing Custody Conference. At s~ if this cannot be accomplished, to define and order. All children age five or older may als provide grounds for entry of a temporary or per 06, 2007 ,upon consideration of the attached Complaint, active counsel appear before Dawn S. Sunday, Esq. ,the conciliator, PA 17055 on Wednesday, October 03, 2007_ at 9:00 AM ;h conference, an effort will be made to resolve the issues in dispute; or .arrow the issues to be heard by the court, and to enter into a temporary be present at the conference. Failure to appear at the conference may ;rmanent order. The court hereby directs the partie~ to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody. orders #o the conciliator 48 hours prior to scheduled hearing. R THE COURT, By: ~~, /s/ Dawn S. Sunda Es . I~ Custody Conciliator The Court of Common Pleas Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For info ation about accessible facilities and reasonable accommodations available to disabled individuals having usiness before the court, please contact our office. All arrangements must be made at least 72 hours prior to y 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 WHE~ZE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~~ ~' ~,~ ~~ b '~' ~ o ~ ~ ~ a ~~ =~I ~~d 9- ~3S L(~I1Z OCT 2 5 2001 ROBERT SNYDER Plaintiff vs. REBECCA HAINES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5080 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of ~j ~ ~ 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Robert Snyder, and the Mother, Rebecca Haines, shall have shared legal custody of Aleena Joy Haines, born September 23, 2006. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. schedule: The Father shall have partial physical custody of the Child in accordance with the following A. The Father shall have custody of the Child on Wednesday, October 24, 2007, when the Mother shall transport the Child to the Father's residence when the Child awakens from her first nap (approximately 11:30 a.m.) and the Father shall transport the Child to the Mother's residence before work at 5:45 p.m. The parties agree that the Mother will remain at the Father's residence until the Child begins her second nap (approximately 1:30 p.m.) so that the Mother and Father can exchange information concerning the Child's care to ensure as much consistency as possible. ~~ B. The Father shall have custody of the Child on Saturday, October 27, 2007 from 9:00 a.m. unti15:45 p.m. C. Thereafter, the Father shall have custody of the Child on an alternating bi-weekly schedule as follows: (1) WEEK ONE: The Father shall have custody during Week One on Wednesday and Thursday from 9:00 a.m. unti15:45 p.m., beginning Wednesday, October 31, 2007. (2) WEEK TWO: During Week Two, the Father shall have custody of the Child on Tuesday, Friday and Saturday from 9:00 a.m. until 5:45 p.m. The parties agree that the Father's first two weeks on the Week Two schedule shall include only Tuesday and Saturday from 9:00 a.m. unti15:45 p.m., which shall be expanded to include Fridays also beginning the third time that the Father has a Week Two period of custody. (3) Thereafter, the Father's periods of custody shall alternate between Week One and Week Two on a regular basis and at any additional times as arranged by agreement between the parties. 4. The parties agree that it is their intent to gradually increase the partial custody schedule to eventually expand the Father's periods of custody to include overnight periods with the Child consistent with the Child's adjustment and emotional well-being. 5. After January 1, 2008, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary at that time to review expansion of the partial custody schedule. 6. The parties acknowledge that the custody schedule set forth in this Order was intended to maximize each parent's time with the Child during nonworking hours. The parties shall cooperate in making any necessary adjustments to the custody schedule to accommodate changes in either party's employment. 7. Each parent shall be entitled to have custody of the Child for one (1) uninterrupted week each year for vacation upon providing at least thirty (30) days advance notice to the other parent. The parties shall determine by agreement when expanded periods of custody under this provision may begin based upon the Child's adjustment and emotional readiness. 8. The parties shall share having custody of the Child on holidays as follows: A. Thanks ig ving~2007: In 2007, the Father shall have custody of the Child on Thanksgiving Day from 10:00 a.m. unti12:00 p.m. and the Mother shall have custody for the remainder of the holiday. B. Christmas 2007: In 2007, the Father shall have custody of the Child on Christmas Day from 10:00 a.m. until 2:00 p.m. and the Mother shall have custody for the remainder of the holiday. C. Easter: Beginning in 2008, the Mother shall have custody of the Child every year on Easter Sunday. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. 'This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: ~ as D. Gould, Esquire -Counsel for Father lane G. Radcliff, Esquire -Counsel for Mother J' `~ ~~ /,o .3`/ ~o BY THE COURT, ct ` ~ ;`" a ..J ~` : ,. l ~i ~~ " i F '.1.. A.-« J' _ ~wes+ .,,,,~, ~~~~ ~1 ~ (~"'~ ROBERT SNYDER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-5080 CIVIL ACTION LAW REBECCA HAINES Defendant 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 Aleena Joy Haines September 23, 2006 Mother 2. A custody conciliation conference was held on October 22, 2007, with the following individuals in attendance: the Father, Robert Snyder, with his counsel, Thomas D. Gould, Esquire, and the Mother, Rebecca Haines, with her counsel, Diane G. Radcliff, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator