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HomeMy WebLinkAbout08-1329AXY J. DAIHL-GOCHENAUER, Plaintiff V. ROBBIE J. GOCHENAUER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 08 - 13 Xq CIVIL IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Amy J. Daihl-Gochenauer, residing at 11 Koser Lane, Cumberland County, Shippensburg, Pennsylvania 17257. 2. The defendant is Robbie J. Gochenauer, residing at P.O. Box 55, Lancaster County, Landisville, Pennsylvania 17538. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB_ Age Grace Daihl-Gochenauer 11 Koser Lane 7/28/02 5 years The child was born out of wedlock The child is presently in the custody of Amy J. Daihl-Gochenauer, who resides at 11 Koser Lane, Cumberland County, Shippensburg, Pennsylvania 17257. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Amy & Rob Gochenauer Forge Hill Road 7/02-9/05 Amy Daihl-Gochenauer Roxbury, PA 93 SME Shippensburg, PA 9/05-7/07 Any Daihl-Gochenauer 11 Koser Lane 7/07-Present Shippensburg, PA The mother of the child is Amy J. Daihl-Gochenauer, currently residing at 11 Koser Lane, Shippensburg, PA. 04. She is unmarried. The father of the child is Robbie J. Gochenauer, currently residing at P.O. Box, Landisville, PA. He is unmarried. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons. Name Relationship Grace Daihl-Gochenauer Daughter 5. The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons. Name Relationship John & Magdalena Gochenauer Parents 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term, and number, and its relationship to this action is: Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does know of a person not a party to the proceeding that has claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the children A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim N/A WHEREFORE, Plaintiff requests this Court grant Plaintiff physical custody with agreed upon visitation by the Defendant. Respectfully submitted, ROMINGER & ASSOCIATES Date: Feb XT,2z* 4ieha*60. Palermo, Jr., Esq 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #93334 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Date: -,,1--0 Q aihl) Gochenauer, Plaintiff 77, - , f 7 1 N ? '/?\ C ?] ate. f F\? 1 AMY J. DAIHL-GOCHENAUER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1329 CIVIL ACTION LAW ROBBIE J. GOCHENAUER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 05, 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 31, 2008 at 2:00 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/ john -1. Mangan, Jr., Esq. Custody Conciliator ffl' 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 ° ? ? z ? ? ?o-sue YAuSNN3d ,gNn,T. ' ",?; ??WIr J C Z q Wd S- HVW goal 181' 'iG?dHl 10 r APR 0 41?00?,,,,y? Ur AMY J. DAIHL-GOCHENAUER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-1329 CIVIL ACTION LAW ROBBIE J. GOCHENAUER, IN CUSTODY Defendant ORDER OF COURT AND NOW this y a day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Robbie Gochenauer, and the Mother, Amy Daihl-Gochenauer, shall have shared legal custody of Grace Daihl-Gochenauer, born 07/28/2002. The parties 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. §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. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing April 5, 2008, Father shall have physical custody/visitation every other Saturday from 10:00 am until 2:00 pm supervised at paternal grandparents' residence. The times of the visit may be expanded/restricted by mutual agreement and the location for the visit may be at the cabin in Perry County by mutual agreement. b. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The transportation obligations shall be shared as agreed upon. It is directed that the Child shall not be transported by a driver who is not properly licensed or under the influence of non- prescribed controlled substances or alcohol. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. In the absence of agreement, Father shall have telephone contact with the Child every Tuesday and Friday at 7:30 pm. 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, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial parry shall notify the other party as soon as practicable after the emergency is handled. 7. 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 are directed to not consume alcohol for at least six (6) hours prior to commencing a period of physical custody/visitation with the Child. The parties shall likewise assure, to the extent possible, that other household members, house guests and anyone transporting the Child comply with this provision. 8. In the event the custodial parent should take the Child 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. 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 conference is hereby scheduled for May 30, 2008 at 1:00 pm at the Court of Common Pleas in Carlisle, Pennsylvania 17013. The parties may participate in said conference via telephone as desired. By the Court, .Pistribution: ? Michael Palermo, Esquire ,,49b Gochenauer, P.O. Box 55, Landisville, PA 17538 ,/Iohn J. Mangan, Esquire aC? „o-s ,,,,,lac. +iirye?N`7?i l??S?JN? ? .£ ud L- NdV 8001 A8VjONOHiOJ-' 3Hi JO 3?A-4C?-031Y AMY J. DAIHL-GOCHENAUER, Plaintiff V. ROBBIE J. GOCHENAUER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1329 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL 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 Grace Daihl-Gochenauer 7/28/2002 Primary Mother 2. A Conciliation Conference was held with regard to this matter on March 31, 2008 with the following individuals in attendance: The Mother, Amy Daihl-Gochenauer, with her counsel Michael Palermo, Esq. The Father, Robbie Gochenauer, pro se 3. The parties agreed to the entry of an Order in the form as attached. Via Date Jo J an, Esquire Cust dy C nciliator JUL 2 8 2008 fOi AMY J. DAIHL-GOCHENAUER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-1329 CIVIL ACTION LAW ROBBIE J. GOCHENAUER, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this 29' day of July 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated April 4, 2008 is hereby VACATED. 2. Legal Custody: The Father, Robbie Gochenauer, and the Mother, Amy Daihl-Gochenauer, shall have shared legal custody of Grace Daihl-Gochenauer, born 07/28/2002. The parties 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. §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. 0 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Father shall have physical custody/visitation every other Saturday from 10:00 am until 2:00 pm supervised at Mother's residence. The times of the visit may be expanded/restricted by mutual agreement and the location for the visit may be altered by mutual agreement. b. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. The Father shall be responsible for transportation obligations for the custodial periods/visitations. An appropriate individual that Mother is familiar with shall provide the transportation. It is directed that the Child shall not be transported by a driver who is not properly licensed or under the influence of non-prescribed controlled substances or alcohol. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. In the absence of agreement, Father shall have telephone contact with the Child every Tuesday and Friday between 7:30 pm. and 8:00 pm. The non-custodial parent shall not call after 8:00 pm. 6. Neither parent shall smoke in confined places (i.e in a car, in a room with the Child, etc.) with the Child present. Both parties shall ensure that household members and third-parties shall adhere to the terms of this paragraph. { `?' ?'?} 1. iti , gip.-??.'?? S4! Ys \?.? t :-L?ti?? 7. 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. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 9. 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 are directed to not consume alcohol for at least six (6) hours prior to commencing a period of physical custody/visitation with the Child. The parties shall likewise assure, to the extent possible, that other household members, house guests and anyone transporting the Child comply with this provision. 10. In the event the custodial parent should take the Child 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. 11. 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. By the Court, Distribution: Jo*chaeI Palermo, Esquire b Gochenauer, P.O. Box 55, Landisville, PA 17538 ,6hn J. Mangan, Esquire AMY J. DAIHL-GOCHENAUER, Plaintiff V. ROBBIE J. GOCHENAUER, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-1329 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL 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 Grace Daihl-Gochenauer 7/28/2002 Primary Mother 2. A Conciliation Conference was held with regard to this matter on March 31, 2008, an Order issued April 4, 2008 and an updated conference was held May 30, 2008 with the following individuals in attendance: The Mother, Amy Daihl-Gochenauer, with her counsel Vincent Monfredo, Esq. filling in for Michael Palermo, Esq. The Father, Robbie Gochenauer, pro se, did not appear 3. The undersigned recommends the entry of an Order in the form as attached. Date Jo J angan, Es e ,oust y Conciliator