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HomeMy WebLinkAbout08-4175t COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHELLE M. SNYDER, ) Plaintiff ) V. ) DWAYNE BUTLER, JR., ) Defendant ) COMPLAINT FOR CUSTODY Plaintiff is MICHELLE M. SNYDER, who resides at 10A Richland Lane Apt. 101, Camp Hill, Cumberland County, PA 17011. 2. Defendant is DWAYNE BUTLER, JR., who resides at 2051 N. Decatur Blvd. Apt 2501, Las Vegas, Clark County, NV 89109. 3. Plaintiff seeks custody of the following child: Name Age Was child born out of wedlock? ARIA M. BUTLER 1 year Yes 4. The child is presently in the custody of Plaintiff who resides at l0A Richland Lane Apt. 101, Camp Hill, Cumberland County, PA 17011. No. () P - y / 7S During the past five years, the child has resided with the following persons and at the following addresses: From To Address With whom JAN, 2008 (Still living 10A Richland Lane Apt. 101 Plaintiff, mother; there) Camp Hill, PA 17011 Mamane Bachar Nabangui, mothers boyfriend MAY, 2007 JAN, 2008 5 Buttonwood Lane Plaintiff, mother; Carlisle, PA 17013 Bonnie Snyder, grandma; Dave Snyder Sr., grandpa; Dave Snyder Jr., uncle _ MAR, 2007 MAY, 2007 2051 N. Decatur Blvd. Apt 2051 Plaintiff, mother; Las Vegas, NV 89109 Dwayne Butler Jr., father Complaint Page 3 of 5 A 6. The mother of the child is currently residing at l0A Richland Lane Apt. 101, Camp Hill, PA 17011. She is single. 7. The father of the child is currently residing at 2051 N. Decatur Blvd. Apt 2501, Las Vegas, NV 89109. He is single. 8. The relationship of Plaintiff to the child is mother. Plaintiff currently resides with the following persons: Name Aria M. Butler Mamane Bachar Nabangui Relationship to Plaintiff Child boyfriend 9. The relationship of Defendant to the child is father. Defendant currently resides with the following persons: Name Relationship to Defendant (None) 10. 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. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 12. 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. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because I have been the sole provider for Aria since she was born. I am currently working full time, and planning to attend college in the fall. I have wonderful support from my family, and Aria is in a very stable environment. Dwayne has not seen Aria since July, 2007, and he does not show any initiative to want to be in her life at this time. I moved to Pennsylvania because I did not want to raise Aria in a bad environment, and I wanted her to be around the love of her extended family. Dwayne has two other children that also reside in Pennsylvania, both of which he does not take responsibility for. Dwayne has made threats stating "I am coming to get my baby." I want sole custody of Aria because I do not want Dwayne to be able to come someday and take her. This complaint for custody is in Aria's best interest because she is happy, healthy, and very well cared for with me. Complaint Page 4 of 5 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child to Plaintiff C MICHEL E M. SNYDER, aintiff Verification I, MICHELLE M. SNYDER, Plaintiff, verify that the facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. 14904 relating to unworn falsification to authorities. Date: MICHELLE M. SNYD , laintiff Complaint Page 5 of 5 10 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHELLE M. SNYDER, ) Plaintiff ) V. ) No. DWAYNE BUTLER, JR., ) Defendant ) Certificate of Service I, MICHELLE M. SNYDER, Plaintiff in the above matter, hereby certify that on EG o, ? J Ut\ I ? q 'one , , I mailed a true and correct copy of the Complaint for Custody, by certified mail, return receipt requested, restricted delivery, and another copy of the same document by first class mail, postage prepaid, to: DWAYNE BUTLER, JR. 2051 N. Decatur Blvd. Apt 2501 Las Vegas, NV 89109 I certify that (check ALL of the following which are true): Certified mail: [X] The green and white sender's receipt is attached. (ATTACH receipt.) [ ] The green recipient's receipt is attached; DWAYNE BUTLER, JR. signed the certified mail receipt on (ATTACH receipt.) [ ] The certified mail was returned to me unsigned, with the notation that the certified mail was: [ ] refused [ ] unclaimed [ ] other notation: [ ] Neither the certified mail envelope nor the certified mail receipt was returned to me. Regular mail: [ ] The regular mail has not been returned to me. [ ] The regular mail was returned to me, with the notation: Certificate of Service Page 1 of 2 I verify that the information in the Certificate of Service is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unworn falsification to authorities. Date: ?I I? IIC??S (Signature) MICHELLE M. S E STAPLE OR TAPE THE CERTIFIED MAIL RECEIPTS BELOW: GREEN AND WHITE SENDER'S RECEIPT GREEN RECEIPT WITH DWAYNE BUTLER, JR.'S SIGNATURE Certificate of Service Page 2 of 2 CY; ? :J C ? w °,i V -? r, ? 1? -rr ?. _ ? ?; ? 9?rvk Q ? r' l'? 1, r ?; `? ?` ? R? ? ? •--- z? °?'. °? MICHELLE M. SNYDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4175 CIVIL ACTION LAW DWAYNE BUTLER, JR. . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, July 22, 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 Tuesday, August 19, 2008 at 9:00 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. All children age 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 hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, 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. 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 u Noz 5-2 -114 MICHELLE M. SNYDER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-4175 CIVIL ACTION LAW DWAYNE BUTLER, JR. Defendant IN CUSTODY ORDER OF COURT AND NOW, this (S day of 2008, upon consideration of the attached Custody Conciliation Report, it is dered and directed as follows: 1. The Mother, Michelle M. Snyder, and the Father, Dwayne Butler, Jr., shall have shared legal custody of Aria M. Butler, born March 22, 2007. 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. 3. The Father shall have reasonable, liberal periods of partial custody with the Child as arranged by agreement between the parties in advance. 4. The Father may contact the conciliator within sixty (60) days of the date of this Order to schedule an additional custody conciliation conference if desired to review the custodial arrangements. cc: ?ichelle M. Snyder - Mother ? Dwayne Butler, Jr.- Father (26 t leS erG f LCL ? 9 i4/o8 BY THE COURT, Z :Z1 did 91 d3 0001 AbVIOVv iQ'd'd Ni 80 MICHELLE M. SNYDER Plaintiff vs. DWAYNE BUTLER, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4175 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 Aria M. Butler March 22, 2007 Mother 2. A custody conciliation conference was held on August 19, 2008, with the following individuals in attendance: the Mother, Michelle M. Snyder, who is not represented by counsel in this matter. The Father, Dwayne Butler, Jr., resides in Nevada and did not appear for the conference. 3. At the conference, the Mother represented that she had had custody of the Child since May 2007 and that the Father has not made an attempt to see the Child since July 2007. The Mother indicated that she provided a copy of the Complaint for Custody and Notice of the conciliation conference to the Father by certified mail. The Mother stated that she does not want to keep the Child from the Father but that she is concerned that the Father may travel to Pennsylvania at some point, where he has two other children, and attempt to take custody of the Child without formal arrangements. The Mother indicated that she is willing to cooperate with the Father in scheduling periods of custody by agreement or to establish a schedule for partial physical custody if the Father prefers to have specified ongoing arrangements. 4. Based upon the representations of the Mother at the custody conciliation conference and the fact that the Father did not appear or contact the conciliator prior to the conference, the conciliator recommends an Order in the form as attached providing that the Father may request an additional custody conciliation conference if desired to review the custodial arrangements. a'C.D (/1 ?i c r , Date Dawn S. Sunday, Esquire Custody Conciliator