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HomeMy WebLinkAbout08-1542John C Scudder, Plaintiffs V. Deidre Scudder, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-f- /S' y z- Ctv,J 7-a4- CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff John C Scudder residing at 820 A Windsor Place, Mechanicsburg, Cumberland County, Pennsylvania, 17050 2. The Defendant is Deidre Scudder residing at 31 West Maple Avenue, Shiremanstown, Cumberland County, Pennsylvania 17011 3. Plaintiff seeks custody of the following children: children Alexis H Scudder Date of Birth June 8 1999 The child was not born out of wedlock. The child has been in the primary custody of Defendant. During the past eight years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATES Deidre Scudder 31 W Maple Ave birth until present John C Scudder Shiremanstown PA 17011 The mother of the child is Defendant, Deidre Scudder, and she is married to Plaintiff, John C Scudder. 4. The relationship of Plaintiff to the child is that of father and he is married to Deidre Scudder, Defendant 5. The relationship of Defendant to the child is that of mother and they reside together. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because: a. Defendant has used alienating language relative to Plaintiff and his daughter; b. Defendant has used the child as a pawn in the pending domestic matters between the parties; C. Since the parties separated in October 2007, Plaintiff has called Defendant's residence to talk with his daughter every day and she will not talk to him; d. Moreover, Plaintiff is the father and is entitled to extensive time with his child rather than no time at all which has been the case since the parties separated; 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. All other persons, named below, 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. WHEREFORE, Plaintiff requests the court to grant the relief herein requested. Respectfully submitted Jame A. Miller, Esquire 7 oplar Church Road amp Hill, PA 17011 (717) 737-6400 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.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: ?K"I ?r na I 3 XF. I .J N lk ---4 GIN JOHN C. SCUDDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1542 CIVIL ACTION LAW DEIDRE SCUDDER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 13, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, April 09, 2008 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 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/ Dawn S. Sunda Es q. 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 L7 A-:p MUNI 17 ? ? .F rid c 1 8vw goo, ^r JOHN C. SCUDDER, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-1542 DEIDRE SCUDDER, CIVIL ACTION - LAW Defendant IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance as attorney for the Defendant in the above-captioned matter. Respectfully submitted, AA . Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JOHN C. SCUDDER, Plaintiff VS. DEIDRE SCUDDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-1542 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify .on this 10" day of July, 2008, a copy of the foregoing Praecipe to Enter Appearance was sent via facsimile and regular mail, postage prepaid to: John C. Scudder c/o James A. Miller, Esquire 356 North 21" Street Camp Hill, PA 17011 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r Catherine A. Boyle, Esquir Attorney I.D. #76328 Attorney for Defendant n N ? : ? o , ._> - ? -„ F , c z-? r'' ? ? ` J .JC" y ,??. (JUL'182001,/ 1 JOHN C. SCUDD IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-1542 CIVIL ACTION LAW DEIDRE IN CUSTODY ORDER OF COURT AND NO , this day of -T,l .!, , 2008, upon consideration of th attached Custody Conciliation Report, it is orde ed and directed as follows: 1. The F, custody of Alexis not necessarily lir made jointly by following a harms rights to shared le Child from the c concerning the Cl decisions shall be emergency decisi( of the emergency that parent shall it accordance with 2 any doctor, dentis given to either par ier, John C. Scudder, and the Mother, Deidre Scudder, shall have shared legal . Scudder, born June 8, 1999. Major decisions concerning the Child including, but .ted to, her health, welfare, education, religious training and upbringing shall be .e parties after discussion and consultation with a view toward obtaining and ious policy in the Child's best interest. Neither party shall impair the other party's it custody of the Child. Neither party shall attempt to alienate the affections of the ier party. Each party shall notify the other of any activity or circumstance Id that could reasonably be expected to be of concern to the other. Day to day he responsibility of the parent then having physical custody. With regard to any s which must be made, the parent having physical custody of the Child at the time call be permitted to make any immediate decisions necessitated thereby. However, )rm the other of the emergency and consult with him or her as soon as possible. In Pa.C.S.A. §5309, each party shall be entitled to complete and full information from teacher, professional or authority and to have copies of any reports or information as a parent as authorized by statute. 2. Thep 'es shall cooperate in promptly initiating therapeutic family counseling with Jessica Hart or other professional selected by agreement between the parties. The purpose of the counseling shall be to address issues which have arisen in the family following the separation of the parties and to reestablish the parent-child relationship between the Father and the Child. The parties shall provide any necessary info ation to the counselor to utilize all applicable insurance coverage for the therapy. Yi?iyYi 3 ?? 7 t ZZ ??' 8042 3. Within 'nety (90) days of the date of this Order, counsel for either party may contact the conciliator to sche ule an additional custody conciliation conference, if necessary to establish custodial arrangements. BY THE COURT, cc: ? ?enes A. /Catherine 0o Iles 71x3 Esquire - Counsel for Father ., Esquire - Counsel for Mother 'a. LLL 0 JOHN C. SCUDD R Plaintiff vs. DEIDRE SCUDDI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1542 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 pert follows: NAME Alexis H. Scudder 2. A cust individuals in atten the Mother, Deidre 3. The part dlt?k / Date information concerning the Child who is the subject of this litigation is as DATE OF BIRTH CURRENTLY IN CUSTODY OF June 8, 1999 Mother )dy conciliation conference was held on July 16, 2008, with the following ance: the Father, John C. Scudder, with his counsel, James A. Miller, Esquire, and Scudder, with her counsel, Catherine Boyle, Esquire. agreed to entry of an Order in the form as attached. Dawn S. Sunday, Esquire Custody Conciliator s V John C Scudder, Plaintiff/Petitioner V Deidre Scudder, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1542 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY July 22, 2008, CUSTODY ORDER NOW COMES, Plaintiff/Petitioner, John C Scudder, by and through his attorney, James A. Miller, Esquire, pursuant to Pa. R.C.P. 1915.12 and respectfully requests that the July 22, 2008, Custody Order be modified immediately and expand Plaintiff/Petitioner's time with his daughter and for reasons therefore states: 1. Plaintiff/Petitioner is John C. Scudder ("Father"), an adult individual residing at 820 A Windsor Place, Mechanicsburg PA 17055, Cumberland County, Pennsylvania, 17055. 2. Defendant/Respondent is Deidre Scudder ("Mother"), an adult individual residing at 31 West Maple Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. 3. The parties are the natural parents of Alexis H Scudder, DOB June 8, 1999. 4. Attached hereto as exhibit A is a true and correct copy of the July 22, 2008, custody order. 5. Since the entry of said order, there has been absolutely no positive, forward movement in establishing Father's time with his daughter. 6. Father merely seeks to establish a basic schedule with his daughter whereby he has uninterrupted periods of time to enjoy his daughter without mother being present. 7. From the outset, Father has acquiesced to and complied with Mother's unreasonable requests simply so this case would move forward and hopefully result in Father having a reasonable schedule put in place for him and his daughter. 8. Mother has done everything humanly possible to undermine Father's efforts in enjoying his time with his daughter or, for that matter, having any time with his daughter. G , 9. It is now absolutely necessary for your Honorable Court to enter an Order that allows Father uninterrupted periods of custody, separate and distinct periods from Mother's periods and/or her presence. WHEREFORE, Plaintiff/Petitioner respectfully requests that your Honorable Court enter an Order granting Father shared legal custody and periods of partial physical custody to include: 1. weekends; 2. weeknights; 3. holidays; 4. summer periods; 5. vacations; and, 6. special occasions. Respectfully submitted, MILLER LIPSITT LLC James A Miller, Esquire 765,"Poplar Church Road amp Hill PA 17011 (717) 737 6400 j ameskpaatlaw. com VERIFICATION I verify that the statements made in the attached Petition to Modify are true and correct. 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. Date: q!(31o q John C Scudder, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-1542 Deidre Scudder, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing Petition to Modify upon Defendant, Deidre Scudder by serving her lawyer, Catherine A Boyle, Esquire, by United States First Class Mail on the date indicated hereinbelow. Date: A 'Aj D b \ Catherine A Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street PO BOX 1062 Harrisburg PA 17108 Xmes A Miller; Esquire MILLER LIPSITT LLC 765 PoplJChurch Road C'Hill PA 17011 (717) 737 6400 james@paatlaw.com FILED-Cli ()L- THT 2 0 0 9 At ; 210 AH 9' 50 /?, im lh? (3?? ?ssa Cl??` a a3??/a JOHN C. SCUDDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1542 CIVIL ACTION LAW DEIDRE SCUDDER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 24, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, June 01, 2009 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 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/ Dawn S. Sunda Es q. 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 -?4 I ??. TAI <' i1??Y 2909 PR 21 ?iil lu: 2 2- L 1 i CaI-. y arty J. NAcI7, r 64.40 taf. Irq JOHN C. SCUDDER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-1542 CIVIL ACTION LAW DEIDRE SCUDDER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of U 2009, upon consideration of the attached Custody Conciliation Report, it is ord red and directed as follows: 1. The prior Order of this Court dated July 22, 2008 is vacated and replaced with this Order. 2. The Father, John C. Scudder, and the Mother, Deidre Scudder, shall have shared legal custody of Alexis H. Scudder, born June 8, 1999. 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child one day each week for up to three hours beginning on Saturday, June 27, 2009 at 1:00 p.m. The parties shall cooperate in scheduling the specific dates and times for the subsequent periods of custody with the goal of gradually expanding the Father's periods of times with the Child as appropriate to the Child's adjustment and readiness. The parties acknowledge it is their ultimate goal to establish a partial custody schedule for the Father on alternating weekends from Friday through Sunday, with shared holidays and vacation periods. 5. Within six months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary to review the custodial arrangements. 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. cc: ? J es A. Miller, Esquire - Counsel for Father Catherine Boyle, Esquire - Counsel for Mother P tES r71?3t 17 L ?ry] BY THE COURT, ?UN 2 9 2009 JOHN C. SCUDDER Plaintiff VS. DEIDRE SCUDDER Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1542 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 Alexis H. Scudder June 8, 1999 Mother 2. A custody conciliation conference was held on June 24, 2009, with the following individuals in attendance: the Father, John C. Scudder, with his counsel, James A. Miller, Esquire, and the Mother, Deidre Scudder, with her counsel, Catherine A. Boyle, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator FILED-O!:RCE OF THE R57Ij ,t,', tARY '...r ; 2099 JUL -2 PH 12: 03 I-ty Fh ? ? ZWO JOHN C. SCUDDER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-1542 CIVIL ACTION LAW DEIDRE SCUDDER Defendant IN CUSTODY ORDER OF COURT AND NOW, this I IT 9 - day of Eel , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall make arrangements for the Child to participate in counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assess and address the Child's needs and concerns with regard to her relationship with her Father and to prepare the Child for reunification counseling with the Father. At such time as the counselor determines that the Child is ready for the reunification counseling, the Father shall make arrangements to work with the counselor both individually and in joint sessions with the Child as recommended by the professional. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated July 1, 2009 shall continue in effect. 3. Within four months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference following the individual and joint counseling provided in this Order. 4. 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. BY THE COURT,. J. cc: Ja?nnes A. Miller, Esquire - Counsel for Father -Cathy Boyle, Esquire - Counsel for Mother l.0 t g.?' i'Yt? t a? ?rYl Oler, Jr J . r.3 R- JOHN C. SCUDDER Plaintiff VS. DEIDRE SCUDDER Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1542 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 Alexis H. Scudder June 8, 1999 Mother 2. A custody conciliation conference was held on February 15, 2010, with the following individuals in attendance: the Father, John C. Scudder, with his counsel, James A. Miller, Esquire, and the Mother, Deidre Scudder, with her counsel, Cathy Boyle, Esquire. 3. The parties agreed to entry of an Order in the form as attached. /Z ae?d Date Dawn S. Sunday, Esquire Custody Conciliator JOHN C. SCUDDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. C e 2008-1542 CIVIL ACTION LAW -03 = -t ;CM X" V DEIDRE SCUDDER car- ' IN CUSTODY -Cn NJ DEFENDANT ? " tT s ? nc °r} r ' ORDER OF COURT y - b -? CO AND NOW, Friday, May 20, 2011 , upon consideration of the attached Com plaint,` it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, June 20, 2011 at 12:00 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/ Daum S. Sunda 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. ??a t7 ?? eLjl Cumberland County Bar Association -A/, 32 South Bedford Street .?-?-C•l Carlisle, Pennsylvania 17013 -?°/k, Telephone (717) 249-3166 15 C?-P? S JOHN C. SCUDDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-1542 CIVIL ACTION - LAW DEIDRE SCUDDER, c:z Defendant IN CUSTODY ,) wT'' rn m ORDER --? =; r- c` -C - , AND NOW, this 8th day of June, 2011 , the conciliator, having been adseoby -' Plaintiff's counsel that Plaintiff's Petition to Modify is being withdrawn, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for June 20, 2011 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator