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HomeMy WebLinkAbout08-0990STEVEN L. LEIBY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. d $ - 996 CIVIL TERM SHANNON L. LEIBY, : Defendant : CHILD CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff STEVEN L. LEIBY is an adult individual, and the father of the children herein, who resides at 183 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant SHANNON L. LEIBY is an adult individual, and the mother of the I children herein, who resides at 2 Bill Dugan Drive, Etters, York County, Pennsylvania 17319. 3. Plaintiff seeks custody of the following children: Jessica Lynn Leiby, born February 2, 1995; and Brandon Allen Leiby, born March 25, 2001. 4. The children were born to the parties prior to their marriage on June 14, 2003. WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 5. Prior to May of 2007, the parties resided with the children at the aforesaid residence of the father. On or about May 19, 2007, the mother left the marital residence. She has resided with Brandon Allen Leiby and Nathaniel Fogle at her current address. The father has remained at the former marital residence with Jessica Lynn Leiby. 6. The parties hereto are the biological parents of the children herein, and they were divorced from the bonds of matrimony by Decree of the Honorable J. Wesley Oler, Jr., J., dated January 8, 2008, and docketed to No. 07-5435 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania. 7. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other Court. 8. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- i 9. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 10. The best interests and general welfare of the children will be served by granting the relief requested for the reasons that the circumstances of the father offer greater stability to the children, and the father will be more reasonable with respect to partial custody of the children. 11. Each parent whose parental rights to the children have not been terminated and have been named as parties to this action. WHEREFORE, Plaintiff requests a grant of primary physical custody with respect to the children. Wayn F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff -3- i 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: February 11, 2008 i /01 --."Ode Steven L. L 4Y WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ;rj n m Fe N r-? *14 W-k 1- c- J ? t r.? ` > G:C7 -TI rrl aj E5 G c? -,n ITT `=F r STEVEN L. LEIBY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON L. LEIBY DEFENDANT 2008-990 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 15, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, March 24, 2008 __ at 1:00 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. 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/ ft L. Mangan, r. Es . Custody Conciliator . t14 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 0 Z -Z! Wd S 3 833 BDOZ j qtr ll l(-,, (),.14 .-IjHi t 3)l'Y-?11tj STEVEN L. LEIBY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 08-990 CIVIL TERM SHANNON L. LEIBY, Defendant : CHILD CUSTODY AFFIDAVIT OF SERVICE WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff in the above-captioned matter, that he did, on February 18, 2008, serve the Complaint for Custody in the above-captioned matter upon Defendant by certified United States mail, postage prepaid, return receipt requested, addressee only, and that the same was received by Defendant on February 21, 2008, as evidenced by the return receipt card attached hereto bearing Certified No. 7001 2510 0006 5861 4370. 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: March 3, 2008 Wayne F. Shade WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 0 N rn ..o Postage $ . 5 8 CO Certfied Fee 2 . 6 5 Postmark CO Retum Receipt Fee (Endorsement Required) 2.15 Here February 1$ , C7 C3 Restricted DWivery Fee (Endorsement Regwrad) . IQ 2008 C3 a Total Pos6ape & Fees $ 9. 48 ti h°agnan L. Le iby ------ - -----'•-------- ----------------------- r 3 ---- orrest, x No. . or PO Bar ---- Bill ? ---- e .._._ -------- ---------- 1. A?cM+Iy?..11i?M?IMM7? T ei 2 Dr*,". E' Ett?W9, '17119 - u `y C`) C, p ,°?, art ,c f C CO 04*00 2. _ 7x41 2510 0006 5&61 4371 - ArNOWM*w MWOM "! T ps firer . powwow M APR C? *f 19 200 STEVEN L. LEIBY, Plaintiff V. SHANNON L. LEIBY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-990 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of April 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Steven L. Leiby, and the Mother, Shannon L. Leiby, shall have shared legal custody of Jessica Lynn Leiby, born 02/02/1995 and Brandon Allen Leiby, born 03/25/2001. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. 2. Physical Custody: Mother shall have primary physical custody of Brandon A. Leiby subject to Father's partial physical custody as follows: a. Commencing April 04, 2008, Father shall have physical custody on alternating weekends from Friday 4:00 pm until Sunday 7:00 pm. b. Father shall have physical custody of Brandon every Wednesday from 4:00 pm until 7:00 pm. Father shall have primary physical custody of Jessica L. Leiby subject to Mother's partial physical custody as the parties may agree. 3. The parties shall share the transportation obligations with the non-custodial parent picking up the Child(ren). 4. The custodial parent shall ensure that the Children go to bed at an appropriate time during custodial periods. 5. Holidays: a. Mother shall have physical custody of the Children every Mother's day from 9:00 am until 7:00 pm. b. Father shall have physical custody of the Children every Father's day from 9:00 am until 7:00 pm. C. Thanksgiving Day shall be alternated between the parties every year from 9:00 am until 7:00 pm. Father shall have even-numbered years and Mother shall have odd- numbered years. .Utz 0114 C ? d. For the Christmas holiday, Father shall have physical custody of the Children from after school (4:00 pm) on the Children's last day of school prior to the Christmas break until 9:30 pm on Christmas Eve and Mother shall have physical custody of the Children on Christmas Eve 9:30 pm until 7:00 pm the day prior to school beginning. e. All other holidays shall be arranged as mutually agreed upon and the parties may alter this holiday schedule as mutually agreed upon. 6. The non-custodial parent shall have reasonable telephone contact with the Children as agreed upon. 7. Neither parry may say or do anything nor permit a third parry to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial parry shall notify the other parties as soon as practicable after the emergency is handled. 9. Counseling: The Mother shall engage in family counseling with Jessica Leiby with a mutually- agreed upon professional. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed 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. 11. In the event the custodial parent should take the Child(ren) out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 12. 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. Distribution: Ivayne F. Shade, Esq. Fannon Leiby, 2 Bill Dugan Drive, Etters, PA 17319 John J. Mangan, Esq. (moo a t -es r to c LQ I I iS Ole By the Court, STEVEN L. LEIBY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-990 CIVIL ACTION LAW SHANNON L. LEIBY, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CP*7]L PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jessica Lynn Leiby 02/02/1995 Father Brandon Allen Leiby 03/25/2001 Mother 2. A Conciliation Conference was held with regard to this matter on March 24, 2008 with the following individuals in attendance: The Mother, Shannon Leiby, appeared pro se The Father, Steven Leiby, with his counsel, Wayne F. Shade, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Lll??t - /,/ Date Joh n ?qd, Esquire Custo y Co ciliator