Loading...
HomeMy WebLinkAbout04-0488DENNIS E. ROBINSON, JR., Plaintiff DEANNA M. ROBINSON, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR PARTIAL CUSTODY 1. The plaintiff is Dennis E. Robinson, Jr., residing at 610 Erford Road, Camp Hill, Pennsylvania 17011, Cumberland County, and is the father of the child. 2. The defendant is Deanna M. Robinson, residing at 110 West High Street, Unit l-A, Carlisle, Pennsylvania 17013, Cumberland County, and is the mother of the child. 3. Plaintiff seeks partial custody of Evonna M, Vazquez, born October 27, 2003, and presently living at 110 W. High Street, Unit l-A, Carlisle, Pennsylvania in the custody of her mother. 4. The child was not born out of wedlock. 5. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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 fights with respect to the child. 6. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) it is important for the child that the plaintiff play a meaningful role in her life; b) quality time spent with the child will have a positive effect on her emotional and educational developmem; 7. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child aforementioned. WHEREFORE, plaintiff requests the court to grant partial custody of the child. James H. Rowland, Jr., Esquire ' Attorney for Plalmiff VERIFICATION I, DENNIS E. ROBINSON, JR., hereby certify that the statements within the foregoing document are tree and correct to the best of my knowledge, information, and belief, and further state that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. DATE: Plaintiff DENNIS E. ROBINSON, JR. PLAINTIFF DEANNA M. ROBINSON DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 04-488 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, Friday, February 13, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301Market Street, Lemoyne, PA17043 on Tuesday, March09,2004 at 1:30 PM for a Pre-Hearing Custody Conference. Ar 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 are 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 hearinl~. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq. 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. Ail 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 ATI'ORNEY OR CANNOT AFFORD ONE, GO TO OR 'H~LEPHONE 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 SHERIFF'S RETURN - CASE NO: 2004-00488 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROBINSON DENNIS E JR VS ROBINSON DEANNA M REGULAR CPL. TIMOTHY REITZ Cumberland County, Pennsylvania, says, the within COMPLAINT - CUSTODY ROBINSON DEANNA M DEFENDANT , at 2100:00 HOURS, on the at 110 WEST HIGH STREET UNIT 1-A CARLISLE, PA 17013 DEANNA M ROBINSON, a Sheriff or Deputy Sheriff of who being duly sworn according to was served upon 2nd day of March by handing to ADULT IN CHARGE the , 2004 true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 6 Affidavit Surcharge 10 34 So Answers: 00 00 00 R. Thomas Kline 00 90 03/03/2004 JAMES H ROWLAND JR By: Sworn and Subscribed to before me this [/~ day of A.D. ~ ?~othonotary DENNIS E. ROBINSON, JR., Plaintiff V, DEANNA M. ROBINSON, Defendant t~AR 1,5 2004'~3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-488 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY OLER, J. --- TEMPORARY ORDER OF COURT AND NOW, this t ~'/~ day of March, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. LeRal Custody. The parties, Dennis E. Robinson, Jr. and Deanna M. Robinson, shall have shared legal custody of the minor child, Evonna M. Vazquez, born October 27, 2003. 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 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 temporary primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. To commence Wednesday, March 10, 2004, on Tuesday, Wednesday and Thursday of each week from 4:00 p.m. until 7:30 p.m. The parties shall meet at the Giant grocery store parking lot in Enola at the beginning of the custodial period for these visits and at the Giant grocery store parking lot in Silver Spring Township on Rt. 114 at the conclusion of these custodial periods. B. Effective March 13, 2004, each Saturday from 7:30 p.m. until Sunday at 10:00 a.m. The custodial exchange point for the weekend periods of custody shall be the Giant grocery store parking lot in Silver Spring Township on Rt. 114. NO. 04-488 CIVIL TERM C. Notwithstanding the above enumerated schedule, the return time for Father's custodial visits on Mamh 17, 2004 and March 31, 2003 shall be 8:00 p.m. 3. The parties shall be permitted to have reasonable and respectful communication regarding the health and well-being of the child and any minor changes needed in the custodial schedule which they have arranged. In the event that traffic, or other unforeseen circumstances, would be the cause of a party being late for a custodial exchange, the parties shall call each other to provide notice of the circumstances and make appropriate arrangements. 4. In the event that either party is twenty (20) minutes or more late for a custodial exchange, the other parent shall be free to make other plans with the child without the necessity of waiting for the other parent beyond that period of time. 5. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or earshot of the children and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the children. 6. The parties are further advised that should they continue to experience the discord evident at the Conciliation Conference, the Court will seriously consider requiring the parties to attend the Seminar for Separating Families. 7. The Custody Conciliation Conference shall reconvene on April 27, 2004 at 1:00 p.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes it is anticipated that the schedule may be revisited for a number of reasons, including, but not limited to, Mother's graduation from beauty school and transition to full time employment. BY THE COURT: j? .,~ ~/'J. Wesley Ole~,~-J~., J. Diet: JJames H. Rowland, Jr., Esquire, 812 N. 17~h Street, Han'isburg, PA 17103-1497 ../Grace D'AIo, Esquire, 8 I~vine Row, Carlisle, PA 17013 DENNIS E. ROBINSON, JR., Plaintiff V, DEANNA M. ROBINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-488 CIVIL TERM 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 Evonna M. Vazquez DATE OF BIRTH October 27, 2003 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on March 9, 2004 following Father's filing of a Complaint for Partial Custody on February 5, 2004. Attending the conference were: the Father, Dennis E. Robinson, Jr., and his counsel, James H. Rowland, Jr., Esquire; the Mother, Deanna M. Robinson, and her counsel, Grace D'AIo, Esquire. attache3~. The parties reached an agreement as t~/a'~'Tem"-~rary Order in the form as ~Da/te~D/~ I~ ~_ e 'ssa Peel Greevy, Esquir; Custody Conciliator :225511 HAY 0 4 2004 DENNIS E. ROBINSON, JR., Plaintiff V. DEANNA M. ROBINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-488 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY OLER, J. --- TEMPORARY ORDER OF COt JRT AND NOW, this ~, ~ day of 1/14'~ _, 2004, upon consideration of the attached Custody Conciliation Summary Report7 it is hereby ordered and directed as follows: 1. Le.qal Custody. The Father, Dennis E. Robiinson, Jr., shall have sole legal custody of the minor child, Evonna M. Vazquez, born October 27, 2003, and shall therefore have sole responsibility for decision making regarding the child's general well-being including but not limited to all decisions regarding her health, education and religious upbringing. 2. Physical Custody. Father shall have sole physical custody of the minor child. BY THE COURT: Dist: James H. Rowland, Jr., Esquire, 812 N. 17~ Street, Harrisburg, PA 17103-1497 Grace D'AIo, Esquire, 8 Irvine Row, Carlisle, PA 17013 DENNIS E. ROBINSON, JR., Plaintiff V, DEANNA M. ROBINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-488 CIVIL TERM 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 Evonna M. Vazquez DATE OF BIRTH October 27, 2003 CURRF. NTLY IN THE CUSTODY OF Father 2. The parties' second Custody Conciliation Conference was held on April 27, 2004 as a follow up to the March 9, 2004 Custody Concili;~tion. Attending the conference were: the Father, Dennis E. Robinson, Jr., and his counsel, James H. Rowland, Jr., Esquire; the Mother, Deanna M. Robinson, and her counsel, Grace D'AIo, Esquire. 3. Mother's position has changed significantly and after an opportunity to consult with her counsel regarding her decision and the consequlences of her decision, Mother voluntarily relinquished legal and primary custody to the Father. Father indicated his willingness to assume these responsibilities. 4. Father's position is that he is willing to assume responsibility for the legal and physical of the child. He represents that the child has been with him for approximately one (1) week. NO. 04-488 CIVIL TERM 5. The parties have been advised that while Mother has had the opportunity to discuss her decision with counsel, voluntarily relinquished her rights in this custody matter, the Order entered is temporary and not to be construed as an adoption or termination of parental rights. Both parties have been advised that the Order may be modified upon proper petition. Date Meli,.,sa Peel Greevy,,Esquire Custody Conciliator :225511.2