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HomeMy WebLinkAbout08-4957KIRSTIN SNOW, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. (? ?J ??.?7 G d TIMOTHY SNOW, Defendant. : CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint of for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Court Administration 4a` Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 JAIME D. WASSMER, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax jwassmer@robinson-geraldo.com KIRSTIN SNOW, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 419 5-7 TIMOTHY SNOW, Defendant. CIVIL ACTION - LAW IN DIVORCE COMPLAINT FOR CUSTODY Plaintiff, Kirstin Snow, by and through her attorney Jaime D. Wassmer, Esquire, and the law firm of Robinson & Geraldo, respectfully requests the following: 1. Plaintiff is Kirstin Snow, an adult individual and the natural Mother who currently resides at 341 North 24th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Timothy Snow, an adult individual and the natural Father residing at 341 North 24th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks shared physical custody of Zane Snow, born August 17, 2003, who currently resides at 341 North 24th Street, Camp Hill, Cumberland County, Pennsylvania 17011, with Plaintiff and Defendant. The child was not born out of wedlock. 4. The child is presently in the custody of both parties. 5. During the past five years, the child has resided with the following persons at the following addresses: Name Address Dates Both parties 341 North 24th Street, Camp Hill, PA January 2003 to present 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. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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. 9. The best interest and permanent welfare of the child will be served by awarding shared legal and physical custody to Plaintiff who has been the child's primary caretaker since the child's birth. 10. 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 a party to this action. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant Custody to Plaintiff. Respectfully submitted, ROBINSON & GERALDO By. Jai e . Wassmer, Esquire Attorney for Plaintiff VERIFICATION I verify that the statements made in this Custody 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 unworn falsification to authorities. rstin Snow Q 4 < _ . CERTIFICATE OF SERVICE I, Jaime Wassmer, do hereby certify that on the -/ day of 2008, -b-C, oil I caused a true and correct copy of the Custody Complaint to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Samuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Respectfully submitted, ROBINSON & GERALDO B Jai assmer, Esq. N ? ' co ??, Q L ? KIRSTIN SNOW IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY SNOW 2008-4957 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 03, 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, September 30, 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. 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 . 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 .1!r t G >okV ? ?? cl JS SON JAIME D. WASSMER, ESQUIRE Attorney I.D. No. 200705 Robinson & Geraldo, P.C. 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717)232-8525 Fax (717)232-5098 jwassmer@robinson-geraldo.com KIRSTIN SNOW, Plaintiff, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY SNOW, Defendant. : NO. 08-4957 (Custody) 08-4955 (Divorce) CIVIL ACTION PROOF OF SERVICE The undersigned makes the following return of service: the Custody Complaint was served upon Samuel L. Andes, Esquire on September 5, 2008 at PO Box 168, Lemoyne, Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Jaime D. Wassmer, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Respectfully submitted, ROBINSON & GERALDO _ Dated: September 9, 2008 By: a '- 0 Ja' D. Wassmer, Esquire Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: o2Ar?? ?no(?s ESP by Friar Cbe" B. Deft of Delivery r t dl+? _ C-'--. n Y' C. '?hk ? Add D. la deNvery address different from item 1? ? Yes If YES, enter delivery address below: ? No 176V3 3. Service Type ??A">? Ok? s'I e f a Mortified mail ? EWm Mail M4vistered 1 Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra! Fee,) ? Yes 2. ANC1s Number (lwn814t from s ?008 1140 0004 4438 0527 n#ft OW Ps Form 3811, march 2001 Dornask Return Fan" 102505-01-M•1424 UNITED STATI g E?f3jS.,. t A???s?c.[`s. 3= `)L: Vii:,,. sKPtid kv, • Sender: Please print your name, address, and ZIP+TTn this box • ROBINSON & GERALDO Attorneys At Law RO. Box 5320 Harrisburg, PA 17110 Ir„fib,rslrlrlllrllllir,rfirlrrrilrrrlrililrrrlirlilr1rr11?r1 EXHIBIT .; At cn X, 9 ? 2008 KIRSTIN SNOW VS. TIMOTHY SNOW Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4957 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 16TH day of September, 2008 , the conciliator, having been advised by the parties that all custody issues have been resolved by agreement, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for September 30, 2008 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator t? rv f J ?? C?? -ei KIRSTIN SNOW, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 08-4957 TIMOTHY SNOW, Defendant. : CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATION THIS AGREEMENT, made this ay of Elfll.? 1 2008, by and between Kirstin Snow, hereinafter referred to as "Mother," and Timothy Snow, hereinafter referred to as "Father." WITNESSETH WHEREAS, Kirstin Snow and Timothy Snow are the natural parents of Zane Snow, a minor child born on August 17, 2003; and WHEREAS, the parties have reached an agreement concerning the issues of custody and desire that this Stipulation be entered as Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of the subject minor child. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to 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. 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 given to either party as a parent pursuant to 23 Pa.C.S. 5309. 2. The parties agree to share physical custody of Zane Snow on an alternating biweekly schedule as follows: a. Week 1: Mother shall have custody Friday at 6:00 a.m. through Monday before school. Father will have custody from Monday before school through Wednesday at 6:00 a.m. and then Mother will have custody from Wednesday before school through Friday before school. b. Week 2: Father shall have custody from Friday before school through Monday at 6:00 a.m. Mother will have custody from Monday at 6:00 a.m. through Wednesday before school, and Father shall have custody from Wednesday before school through Friday at 6:00 a.m. 3. The parties will alternate the holidays as follows: a. Christmas: The parties agree that the Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 3:00 p.m. through Christmas Day 2 at 3:00 p.m., and Segment B, which shall run from Christmas Day at 3:00 p.m. through December 26a' at 3:00 p.m. In even numbered years, Father shall have custody of Zane during Segment A and Mother will have custody during Segment B. In odd numbered years, Mother shall have custody during Segment A and Father shall have custody during Segment B. b. Thanksgiving: The parties agree that the Thanksgiving holiday shall run from Thanksgiving Day at noon through Friday morning at 10:00 a.m., with Mother having custody of Zane in the even numbered years and Father having custody in odd- numbered years. c. Easter: The parties agree that the Easter holiday will be divided into Segment A, which shall run from the Saturday before Easter at 6:00 p.m. through Easter Sunday at 1:00 p.m. and Segment B, which shall run from Easter Sunday at 1:00 p.m. through the following Monday morning at a time to be arranged by agreement. In even numbered years, Mother shall have custody for Segment A and Father shall have custody for Segment B. In odd-numbered years, Father shall have custody of Zane for Segment A and Mother shall have custody for Segment B. d. Mother's Day/Father's Day: In every year, Father shall have custody on Father's Day and Mother shall have custody on Mother's Day with the specific times to be arranged by agreement. e. The holiday schedule shall take precedence over the regular custody schedule. f. With respect to custodial exchanges during the holidays, the parties agree that if the exchanges take place when either of the parties is visiting relatives in New Jersey or Pennsylvania, the parties will meet at a mutually selected half way point. 3 5. Mother and Father agree that each will have an opportunity to have custody of Zane for summer vacation each year as arranged by agreement. 6. The parties agree that the parent receiving custody of Zane will provide transportation for the exchange of custody or the parties will meet at a halfway point if arranged by agreement. 7. Father and Mother agree that the custodial provisions in this agreement will also apply while they continue to reside in the same household, meaning that the parent who has custody will be at the home providing supervision and care for the child on the designated days and evenings. 8. The parties agree that they will make arrangements to have Zane evaluated for medical/therapeutic needs after the school year begins. 8. All parties shall refrain from making derogatory comments about the other party in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the children whether "sleeping" or awake. 9. During any period of custody or visitation, the parties to this Stipulation shall not possess or use any controlled substance; neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 4 . . . 10. Each party shall be entitled to reasonable telephone or e-mail contact with the child when he is in the custody of the other party. The parties shall provide to one another emergency contact telephone numbers. 11. Neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set for forth in the Order, or if the relocation will be to a location in excess of ten (10) miles from the other party's then current address without (a) such party's first giving prior written notice to the other party not less than sixty (60) days prior to the planned relocation, and (b) either a written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, either party may seek modification of the terms of this custody Order by filing a Petition to Modify Custody with the Prothonotary. 12. It is understood and stipulated that by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such altered or expanded agreement would be in the best interest of the child. 13. The parties agree to supply the other with his or her complete contact information, including but not limited to residential address, cell phone numbers, home telephone numbers, and employers' telephone numbers. Should any of the aforementioned information change, each party has five (5) days from the date of the change to notify the other party. Each party shall make every reasonable effort to ensure they can reach and be reached by the other party concerning issues relevant to the minor child. 5 14. Should either party have the child spend overnight at a place other than their primary residence, the other party will be given the address and telephone number where the child is spending the night. 15. The parties shall organize ways for the child to maintain his friendships, extracurricular activities and other special interests, regardless of which household he may be in. 16. The parties agree to refrain from encouraging the children to provide reports about the other party. Communication should always take place directly between the parties, without using the children as an intermediary. 17. The parties shall permit and support the children's access to family relationships and events (funerals, reunions, graduations, etc.). Events will be accommodated by both parties with routine periods of custody resuming immediately thereafter. Each party shall have the option of proposing time or date variations to the other party when special recreational options or other unexpected opportunities arise. IN WITNESS WHEREOF, the Parties hereunto set their hands and seals the day and year above Snow Wi ess Tim thy Snow 6 '"t1 k % W ??,... i ?1 y ` Slf OCT 0 7 20086 KIRSTIN SNOW, Plaintiff vs. TIMOTHY SNOW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4957 IN CUSTODY ORDER OF COURT AND NOW this day of Oc-?? , 2008, the attached Custody Stipulation is approved and entered as an order of this court. BY J. Distribution: Jaime D. Wassmer, Esquire (Attorney for Plaintiff) 4407 North Front Street, P.O. Box 5320, Harrisburg, PA 17110-5320 Samuel L. Andes, Esquire (Attorney for Defendant) ,,cam 'n ? 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 i0-08- 0 P I {-