HomeMy WebLinkAbout08-5055Johnson, Duffle, Stewart & Weidner
By: Melissa Peel Greevy
I.D. No. 77950
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mpg@jdsw.com
Attorneys for Plaintiff
ROBERT C. NICKEY, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 6 ?l- J'r65 c t??
V.
CIVIL ACTION - LAW
JESSICA R. DELANEY,
JURY TRIAL DEMANDED
Defendant
NOTICE
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 (20) 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 or 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT
AFFORD TO HIRE A LAWYER.
THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 S. Bedford Street
Carlisle, PA 171013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan m6s adelante en las siguientes p6ginas, debe tomar acci6n dentro
de los pr6ximos veinte (20) dias despuas de la notificaci6n de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya.
Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso
puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o
cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mat aviso adicional. Usted puede perder dinero o propiedad u otros
derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS
QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
Johnson, Duffle, Stewart & Weidner
By: Melissa Peel Greevy
I. D. No. 77950
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mpg@jdsw.com
ROBERT C. NICKEY,
Plaintiff
V.
JESSICA R. DELANEY,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT FOR CUSTODY
AND NOW, this day of August, 2008, comes Plaintiff, ROBERT C. NICKEY,
by and through his undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this
Complaint for Custody, and in support thereof avers as follows:
1. The Plaintiff is ROBERT C. NICKEY, hereinafter referred to as FATHER,
currently residing at 4182 Elk Court Court, Mechanicsburg, Cumberland County, Pennsylvania
17050.
2. The Defendant is JESSICA R. DELANEY, hereinafter referred to as MOTHER,
who currently resides at 197 College Hill Road, Enola, Cumberland County, Pennsylvania
17050.
3. FATHER seeks custody of the following child: LIAM C. DELANEY, age NINE (9)
months, whose date of birth is October 12, 2007.
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O 8 - ?lSSS?c?u1( 4
4. The child was born out of wedlock.
5. The child is presently in the shared custody of MOTHER at the address specified
in Paragraph 2 above.
6. During the past five (5) years, the child has resided with the following persons at
the following addresses:
A. For the period from birth to date with MOTHER at 197 College Hill
Road, Enola, Cumberland County, Pennsylvania.
7. The FATHER of the child is the Plaintiff. He is single.
8. The MOTHER of the child is the Defendant. She is single.
9. The relationship of Plaintiff to the child is that of FATHER. The Plaintiff currently
resides with the child and the maternal grandmother.
10. The relationship of Defendant to the child is that of MOTHER. The Defendant
currently resides with the child and the child's maternal Grandmother and maternal aunt.
11. FATHER 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. FATHER obtained an
Order for DNA testing through the Domestic Relations Office. MOTHER failed to appear and
produce the child on December 7, 2007. Pursuant to a Complaint to Establish Paternity and for
Genetic Testing, FATHER obtained an Order for DNA testing which revealed that he is the
genetic FATHER.
12. FATHER has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth or any other state.
13. FATHER 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.
14. The best interest and permanent welfare of the child will be served by granting
the relief requested for the following reasons:
A. The child needs frequent and continuing contact with both
parents.
B. FATHER has been denied partial custody of the child by
MOTHER who refuses to allow him to have more than an hour or two of contact
and only with her present, at her home.
C. MOTHER misled FATHER into thinking he was not the genetic
father of the child and then delayed completion of genetic testing until Ordered to
do so by the Court.
D. The child's bests interests will be served by having a custodial plan
determined by the court as MOTHER'S actions have shown her willingness to advance
her interests ahead of the child's and her willingness to impede the development of a
normal relationship between the FATHER and the child.
15. 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 prays this Honorable Court to grant him shared legal and
physical custodial rights and other such relief as the Court may deem appropriate.
Respectfully submitted,
JOHNWN, DURFIE, STEWART & WEIDNER
issa Peel Greevy
VERIFICATION
I, ROBERT C. NICKEY, verify that the statements made in this Complaint For Custody
are true and correct to the best of my knowledge, information and belief. I understand that
false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating
to unsworn falsification to authorities.
Date: z' `o li?
ROBERT C. NICKEY
337403
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ROBERT C. NICKEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JESSICA R. DELANEY
DEFENDANT
2008-5055 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, August 28, 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 23, 2008 at 1:00 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/ 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
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OCT 0 3 Z M6
ROBERT C. NICKEY IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2008-5055 CIVIL ACTION LAW
JESSICA R. DELANEY
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2008, upon
consideration of the attached Custody Conciliation Report , it is ordered and directed as follows:
1. The Mother, Jessica R. Delaney, and the Father, Robert C. Nickey, shall have shared legal
custody of Liam C. Delaney, born October 12, 2007. Major decisions concerning the Child including,
but not necessarily limited to, his 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 parties shall have physical custody of the Child pending the follow-up conciliation
conference scheduled in this Order as follows:
A. Beginning Saturday, September 27, 2008 and continuing for two (2) full weeks, the
Father shall have custody of the Child on Saturday and Sunday from 12:00 noon until 5:00 p.m. and on
Wednesday from after work through 6:00 p.m.
B. Beginning the weekend of October 11, 2008, the Father shall have custody of the
Child on Saturday or Sunday each weekend from 8:00 a.m. until 6:00 p.m. and on Monday and
Wednesday from after work until 6:00 p.m. for a period of two (2) full weeks.
C. Beginning Saturday, October 25, 2008, the Father shall have custody of the Child
for two (2) consecutive weekends from Saturday at 8:00 a.m. through Sunday at noon and on Monday
and Wednesday from after work until 6:00 p.m. for a period of two (2) full weeks.
D. Beginning Friday, November 7, 2008 and continuing pending the conciliation
conference scheduled in this Order, the parties shall alternate having custody of the Child on weekends
from Friday after work through Sunday at 6:00, with the Mother having custody of the Child during
the first weekend, which begins on November 7. In addition, the Father shall continue to have custody
of the Child every Monday and Wednesday from after work until 6:00 p.m.
E. The Mother shall have custody of the Child at all times not otherwise specified for
the Father in this provision.
3. Unless otherwise agreed between the parties, the parent relinquishing custody of the Child
shall provide transportation for the exchange of custody, with the exception that the Father shall pick
up the Child for exchanges after work at the Child's day care.
4. In 2008, the parties shall share having custody of the Child on holidays as follows:
A. Thanksgiving: The Mother shall have custody of the Child on Thanksgiving until
4:00 p.m. and the Father shall have custody from Thanksgiving Day at 4:00 p.m. through the Friday
following Thanksgiving at 4:00 p.m. or through the end of the Father's regular weekend period of
custody if the Father's weekend falls immediately following Thanksgiving.
B. Christmas: The Mother shall have custody of the Child from Christmas Eve at 9:00
a.m. through Christmas Day at 4:00 p.m. and the Father shall have custody from Christmas Day at 4:00
p.m. through December 26 at 4:00 p.m., or through the end of the Father's regular weekend period of
custody if the Father's weekend falls immediately after Christmas.
C. The holiday custody schedule for Christmas and Thanksgiving in 2008 shall be
taken into consideration in establishing arrangements for the holidays in future years.
5. The parties and counsel shall attend an additional custody conciliation conference in the
office of the conciliator, Dawn S. Sunday, on Monday, December 15, 2008 at 10:00 a.m. for the
purpose of reviewing the custodial arrangements and establishing an ongoing schedule.
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: Melissa P. Greevy, Esquire - Counsel for Father
?Sheri Coover, Esquire - Counsel for Mother
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ROBERT C. NICKEY IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 2008-5055 CIVIL ACTION LAW
JESSICA R. DELANEY
Defendant 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
Liam C. Delaney October 12, 2007 Mother
2. A custody conciliation conference was held on September 24, 2008, with the following
individuals in attendance: the Father, Robert C. Nickey, with his counsel, Melissa P. Greevy, Esquire,
and the Mother, Jessica R. Delaney, with her counsel, Sheri Coover, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
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Date Dawn S. Sunday, Esquire
Custody Conciliator
f1-?v
DEC 2 2 200OL
ROBERT C. NICKEY IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2008-5055 CIVIL ACTION LAW
JESSICA R. DELANEY
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 2/ day of 2008, upon
consideration of the attached Custody Conciliation Re rt, it is ordered and directed as follows:
1. The prior Order of this Court dated October 6, 2008 is vacated and replaced with this Order.
2. The Mother, Jessica R. Delaney, and the Father, Robert C. Nickey, shall have shared legal
custody of Liam C. Delaney born October 12, 2007. Major decisions concerning the Child including,
but not necessarily limited to, his 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 parties shall have physical custody of the Child in accordance with the following
schedule:
A. Beginning Friday, December 26, 2008, the Father shall have custody of the Child on
alternating weekends from Friday after work through Sunday at 4:00 p.m.
B. Beginning December 15, 2008, the Father shall have custody of the Child every
week from Monday after work through Tuesday morning, when the Father shall take the Child to
daycare and from Wednesday after work through Thursday morning, when the Father shall take the
Child to daycare.
C. The Mother shall have custody of the Child at all times not otherwise provided for
the Father on the regular custody schedule.
D. The parties agree that the foregoing schedule best meets the Child's needs at the
present time and also agree to cooperate in making any necessary adjustments to continue to meet the
Child's needs when the Child begins school.
4. The parties shall share or alternate having custody of the Child on holidays as follows:
A. Thanks iving: In every year, the Mother shall have custody of the Child on
Thanksgiving Day until 4:00 p.m. and the Father shall have custody from Thanksgiving Day at 4:00
p.m. through the Friday following Thanksgiving at 4:00 p.m. or through the end of the Father's regular
weekend period of custody if the Father's weekend falls immediately following Thanksgiving.
B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run
from Christmas Eve at 9:00 a.m. through Christmas Day at 1:00 p.m., and Segment B., which shall run
from Christmas Day at 1:00 p.m. through December 26 at 4:00 p.m. In even-numbered years, the
Mother shall have custody of the Child during Segment A and the Father shall have custody during
Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and
the Mother shall have custody during Segment B.
C. Easter: The Easter holiday shall be divided into Segment A, which shall run from
the Saturday before Easter at 6:00 p.m. through Easter Sunday at 2:00 p.m., and Segment B, which
shall run from Easter Sunday at 2:00 p.m. through Monday morning, when the parent having custody
shall take the Child to daycare. In even-numbered years, the Mother shall have custody of the Child
during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the
Father shall have custody of the Child during Segment A and the Mother shall have custody during
Segment B.
D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the
Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 4:00
p.m.
E. Memorial Day/July Fourth/Labor Day: The parties shall make arrangements by
agreement for sharing or alternating custody of the Child on Memorial Day, July Fourth or Labor Day
if desired by either or both parties.
F. Birthdays: The parties shall make arrangements by agreement to share having
custody of the Child on the Child's birthday, if desired by either or both parties. Each parent shall be
entitled to have a period of custody with the Child on that parent's birthday as arranged by agreement.
G. The holiday custody schedule shall supersede and take precedence over the regular
and vacation custody schedules.
5. Each party shall be entitled to have a vacation period of custody with the Child for one (1)
uninterrupted week each year upon providing at least thirty (30) days advance notice to the other
parent. The party providing notice first shall be entitled to preference on his or her selection of
vacation dates. Each parent exercising a period of vacation custody with the Child shall provide the
address and telephone number where the Child can be contacted in advance to the other party. The
vacation custody schedule shall supersede and take precedence over the birthday custody schedule.
6. Unless otherwise agreed between the parties, the parent receiving custody of the Child shall
be responsible to provide transportation for the exchange of custody.
7. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
8. 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:
? elissa P. Greevy, Esquire - Counsel for Father
Sheri Coover, Esquire - Counsel for Mother
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ROBERT C. NICKEY
Plaintiff
vs.
JESSICA R. DELANEY
Defendant
Prior Judge: Edgar B. Bayley
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-5055 CIVIL ACTION LAW
IN CUSTODY
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
Liam C. Delaney
October 12, 2007
Mother
2. A custody conciliation conference was held on December 15, 2008, with the following
individuals in attendance: the Father, Robert C. Nickey, with his counsel, Melissa P. Greevy, Esquire,
and the Mother, Jessica R. Delaney, with her counsel, Sheri Coover, Esquire.
3. The parties agreed to entry of an Order in the form as attached. It should be noted that the
Mother expressed a concern about creating a "status quo" arrangement for sharing custody of the Child
during the school week prior to the Child beginning kindergarten in approximately four (4) years. The
parties discussed the issue and agreed that in sufficient time prior to the Child's enrollment in school,
the parties will cooperate in assessing the Child's ability to make transitions and overall needs in order
to determine what type of schedule during school would be in his best interest.
Date
Dawn S. Sunday, Esquire
Custody Conciliator
PRO I.:HONI) " x
20131fAR 22 Ptf 1. Cl
Keith O. Brenneman,Esquire INNS YLV
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Snelbaker&Brenneman,P.C.
44 West Main Street
Mechanicsburg,PA 17055
(717)697-8528
Attorneys for Petitioner/Defendant Jessica R. Delaney
ROBERT C. NICKEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-5055 CIVIL TERM
JESSICA R. DELANEY, CIVIL ACTION—LAW
Defendant IN CUSTODY
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of Sheri D. Coover, Esquire as attorney for Defendant
Jessica R. Delaney in the above matter.
Date: *ff*4,t 22, 2.*/3
herri D. Coover, Esquire
44 South Hanover Street
Carlisle, PA 17013
(717) 960-0075
PRAECIPE TO ENTER APPEARANCE
Please enter the appearance of Keith O. Brenneman, Esquire and Snelbaker&
Brenneman, P.C. as attorneys for Defendant Jessica R. Delaney in the above matter.
SNELBAKER&BRENNEMAN, P. C.
Date: *,mat liZi By:
LA`"OFFICES Keith O.Brenneman,Esquire
SNELBAKER& Attorney ID No. 47077
BRENNEMAN, P.C. 44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
r _
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN,ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Praecipes to be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS:
Sheri D. Coover, Esquire
44 South Hanover Street
Carlisle, PA 17013
Melissa P. Greevy, Esquire
Johnson,Duffie, Stewart& Weidner
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
SNELBAKER& BRENNEMAN, P.C.
By:
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717)697-8528
Date: March 22, 2013 Attorneys for Defendant Jessica R. Delaney
LAW OFFICES
SNELBAKER&
BRENNEMAN, P.C.
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Keith O. Brenneman, Esquire <
Snelbaker & Brenneman, P.C.
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner/Defendant Jessica R. Delaney
ROBERT C. NICKEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-5055 CIVIL TERM
JESSICA R. DELANEY, CIVIL ACTION—LAW
Defendant IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
Defendant Jessica R. Delaney, by her attorneys, Snelbaker& Brenneman, P. C., submits
this Petition to modify the parties' December 23, 2008 Custody Order as follows:
1. On December 23, 2008 an Order was issued in this matter establishing the custody
rights of the parties with respect to their son, Liam C. Delaney, born October 12, 2007. A true
and correct copy of the December 23, 2008 Order is attached hereto and incorporated by
reference herein as "Exhibit A."
2. Petitioner Jessica R. Delaney requests this Court to modify its December 23,2008
Order and to address the actions of the Plaintiff for the benefit and wellbeing of the parties' son
for the following reasons, among others:
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a. Liam is 5 years of age and Petitioner has or is enrolling Liam at the Kindergarten
LAW Academy, which is part of the Mechanicsburg Area School District,with Liam's
° Kindergarten education starting in August, 2013. Given this will be Liam's first
SNEL ELBAKER KER&
BRENNEMAN, P.C. Y formal education experience, p it is important for Liam to have initially all over-
night periods of custody with the Petitioner during the school week(weekdays).
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b. Plaintiff delegates substantial period of his physical custody of his son to
Plaintiffs parents, as a result of which, Liam does not see Plaintiff on some
occasions at all during the time that Plaintiff should have physical custody of his
son.
c. Plaintiff has foregone his rights to custody during the summer, having had
custody of Liam only two weekends during the summer months in 2012.
Plaintiff has indicated that he can't "watch" Liam during certain weekends that he
would otherwise have custody, suggesting having custody of his son is a chore,
and not an opportunity to be enjoyed.
d. Plaintiff is and has been an impediment to appropriate communication with
respect to matters involving the parties' son. Plaintiff makes inappropriate
comments concerning Defendant, has called Defendant disparaging names and
advises Liam that he will not be seeing Defendant.
e. Plaintiff s refers to Plaintiffs girlfriend in front of Liam as being a "second
mommy and Plaintiff, together with Plaintiffs parents, call Liam by the sir
name of Nickey, which is not Liam's given name.
f. Plaintiff does not take Liam to doctor appointments, does not come to
appointments when given the opportunity to do so and does not make medical
appointments for his son, but in all respects delegates such responsibility to
Defendant.
g. By making various disparaging and other comments concerning Defendant,
Plaintiff has alienated and/or attempted to alienate the affection of Liam towards
Liam's mother.
3. For the reasons set forth above, the custody arrangement existing through the Order of
Court of December 23, 2008 should be modified and the actions of Plaintiff addressed and
modified, all for the benefit of the parties' son.
4. Consent to the relief requested in this Petition was sought from Respondent/Plaintiff s
attorney and Respondent/Plaintiff s attorney does not consent to the relief requested.
5. This matter has last been assigned to the Honorable Edgar B. Bailey who issued the
LAW OFFICES
SNELBAKER&
BRENNEMAN, P.C.
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j
j Order of December 23, 2008.
SNELBAKER&BRENNEMAN, P. C.
By:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner/Defendant
Jessica R. Delaney
Date: March 18, 2013
LAW OFFICES _3-
SNELBAKER&
BRENNEMAN, P.C.
)EC 22 LION
ROBERT C. NICKEY IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA
vs. 2008-5055 CIVIL ACTION LAW
JESSICA R. DELANEY
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this �23/Lc(—day of �'. Q.� 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated October 6, 2008 is vacated and replaced with this Order.
2. The Mother. Jessica R. Delaney; and the Father, Robert C. Nickey, shall have shared legal
custody of Liam C. Delaney born October 12, 2007. I Major decisions concerning the Child including.
but not necessarily limited to, his 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 pain'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 notifi, 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. § 309, 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 parties shall have physical custody of the Child in accordance with the following
schedule: `
A. Beginning Friday, December 26. 3008. the Father shall have custody of the Child on
alternating weekends from Friday after work through Sunday at 4:00 p.m.
B. Beginning December 15, 2008. the Father shall have custody of the Child every
week from Monday after work through Tuesday morning. when the Father shall take the Child to
EXHIBIT A
daycare and from Wednesday after work through Thursday morning, when the Father shall take the
Child to daycare.
C. The Mother shall have custody of the Child at all times not otherwise provided for
the Father on the regular custody schedule.
D. The parties agree that the foregoing schedule best meets the Child's needs at the
present time and also agree to cooperate in making any necessary adjustments to continue to meet the
Child's needs when the Child begins school.
4. The parties shall share or alternate having custody of the Child on holidays as follows:
A. Thanksgiving: In every year, the Mother shall have custody of the Child on
Thanksgiving Day until 4:00 p.m. and the Father shall have custody from Thanksgiving Day at 4:00
p.m. through the Friday following Thanksgiving at 4:00 p.m. or through the end of the Father's regular
weekend period of custody if the Father's weekend falls immediately following Thanksgiving.
B. Christmas: The Christmas holiday shall be divided into Seament A. which shall run
from Christmas Eve at 9:00 a.m. through Christmas Day at 1:00 p.m., and Segment B., which shall run
from Christmas Day at 1:00 p.m. through December 26 at 4:00 p.m. In even-numbered years, the
Mother shall have custody of the Child during Segment A and the Father shall have custody during
Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and
the Mother shall have custody during Segment B.
C. Easter: The Easter holiday shall be divided into Segment A. which shall run from
The Saturday before Easter at 6:00 p.m. through Easter Sunday at 2:00 p.m., and Segment B. which
shall run from Easter Sunday at 2:00 p.m. through Monday morning, when the parent having custody
shall take the Child to daycare. In even-numbered years, the Mother shall have custody of the Child
during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the
Father shall have custody of the Child during Segment A and the Mother shall have custody during
Segment B. v
D. Mother's Dav/Father's Dav: In every year, the Mother shall have custody of the
Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 4:00
P.M.
E. Memorial Dav/July Fourth%Labor Day: The parties shall make arrangements by
agreement for sharing or alternating custody of the Child on Memorial Dav, July Fourth or Labor Da'
if desired by either or both parties.
F. Birthdays: The parties shall make arrangements by agreement to share having
custody of the Child on the Child's birthday, if desired by either or both parties. Each parent shall be
entitled to have a period of custody with the Child on that parent's birthday as arranged by agreement.
G. The holiday custody schedule shall supersede and take precedence over the regular
and vacation custody schedules.
5. Each party shall be entitled to have a vacation period of custody with the Child for one (1)
uninterrupted week each year upon providing at least thirty- (30) days advance notice to the other
parent. The party providing notice first shall be entitled to preference on his or her selection of
vacation dates. Each parent exercising a period of vacation custody with the Child shall provide the
address and telephone number where the Child can be contacted in advance to the other party. The
vacation custody schedule shall supersede and take precedence over the birthday custody schedule.
6. Unless otherwise avreed between the parties, the parent receiving custody of the Child shall
be responsible to provide transportation for the exchange of custody.
7. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
S. This Order is entered pursuant to an agreement of the parties at a custodv 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,
A/ Pr - A -�. �-
char B. B ,ley
cc: Melissa P. Greevy, Esquire—Counsel for Father
Sheri Coover, Esquire - Counsel for Mother
' r
ROBERT C.NICKEY IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 2008-5055 CIVIL ACTION LAW
JESSICA R. DELANEY
Defendant IN CUSTODY
Prior Judge: Edgar B. Bayley
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
Liam C. Delaney October 12, 2007 Mother
2. A custody conciliation conference was held on December 15, 2008, with the following
individuals in attendance: the father, Robert C. Nickey- with his counsel, Melissa P. Greevy. Esquire.
and the Mother, Jessica R. Delaney, with her counsel. Sheri Coover, Esquire.
3. The parties agreed to entry of an Order in the form as attached. It should be noted that the
Mother expressed a concern about creating a"status quo , arrangement for sharing custody of the Child
during the school week prior to the Child beginning kindergarten in approximately four (4) years. The
parties discussed the issue and agreed that in sufficient time prior to the Child's enrollment in school.
the parties will cooperate in assessing the Child's ability to make transitions and overall needs in order
to determine what type of schedule during school would be in his best interest.
Date Dawn S. Sunday, Esquire4�
Custody Conciliator
i
I'
1
VERIFICATION
I verify that the statements made in the foregoing Petition 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.
I
Date: Jessica R. Del ey
I
i
i
LAW OFFICES
SNELBAKER&
BRENNEMAN, P.C.
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Petition For Modification of Custody Order to be
served upon the person and in the manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS:
Melissa P. Greevy, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
SNELBAKER& BRENNEMAN, P.C.
i
By:
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717)697-8528
1 Date: p j, Zs Attorneys for Petitioner/Defendant Jessica R. Delaney
I
LAW OFFICES
SNELBAKER&
BRENNEMAN, P.C.
I,
I
i
ROBERT C.NICKEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA
V. rriW
2008-5055 CIVIL ACTION LAW :2-rri
cnr-
JESSICA R. DELANEY
IN CUSTODY
DEFENDANT
>
ORDER OF COURT
AND NOW, Friday,April 05,2013 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,May 01,2013 3:00 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. 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
yjp Telephone (717)249-3166
f e#111 emoo,
6,071, A4VI�eal
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5
ROBERT C. NICKEY IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 2008-5055 CIVIL ACTION LAW-)
JESSICA R. DELANEY MCD :Z-v4
=M MF
Defendant IN CUSTODY
C:)
>
ORDER OF COURT C
5;c::
VJy
AND NOW, this day of 2013, upon
consideration of the attached Custody Conciliation Report, is ordered and directed as follows:
1. The prior Order of this Court dated December 23, 2008 is vacated and replaced with this
Order.
2. The Mother, Jessica R. Delaney, and the Father, Robert C. Nickey, shall have shared legal
custody of Liam C. Delaney age 5. Major decisions concerning the Child including, but not
necessarily limited to, his 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 parties shall have physical custody of the Child in accordance with the following
schedule:
A. School Year: During the school year, the Father shall have physical custody of the
Child on alternating weekends from Friday after work through Monday when the Father shall take the
Child to school and every Wednesday from after work through Thursday morning when the Father
shall take the Child to school. The Mother shall have custody at all times not specified for the Father
in this provision.
B. Summer School Break: During the summer school break, the Father shall have
custody of the Child on alternating weekends from Friday after work through Sunday at 4:00 p.m. and
every week from Monday after work through Tuesday morning, when the Father shall take the Child to
daycare and from Wednesday after work through Thursday morning, when the Father shall take the
Child to daycare. The Mother shall have custody of the Child at all times not otherwise provided for
the Father in this provision.
C. The summer custody schedule shall end and the school year schedule shall begin
each year one full week before the first day of school.
D. The summer custody schedule shall begin on the first weekend after the last day of
school each year.
4. 4. The parties shall share or alternate having custody of the Child on holidays as
follows:
A. Thanksgiving: In every year, the Mother shall have custody of the Child on
Thanksgiving Day until 4:00 p.m. and the Father shall have custody from Thanksgiving Day at 4:00
p.m. through the Friday following Thanksgiving at 4:00 p.m. or through the end of the Father's regular
weekend period of custody if the Father's weekend falls immediately following Thanksgiving.
B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run
from Christmas Eve at 9:00 a.m. through Christmas Day at 1:00 p.m., and Segment B., which shall run
from Christmas Day at 1:00 p.m. through December 26 at 4:00 p.m. In even-numbered years, the
Father shall have custody of the Child during Segment A and the Mother shall have custody during
Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and
the Father shall have custody during Segment B.
C. Easter: The Easter holiday shall be divided into Segment A, which shall run from
the Saturday before Easter at 6:00 p.m. through Easter Sunday at 2:00 p.m., and Segment B, which
shall run from Easter Sunday at 2:00 p.m. through Monday morning, when the parent having custody
shall take the Child to daycare. In even-numbered years, the Mother shall have custody of the Child
during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the
Father shall have custody of the Child during Segment A and the Mother shall have custody during
Segment B.
D. Mother's Day/Father's D : In every year, the Mother shall have custody of the
Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 4:00
p.m.
E. Memorial DU/July Fourth/Labor Day: In odd-numbered years, the Mother shall
have custody of the Child for Memorial Day and Labor Day and the Father shall have custody for July
Fourth. In even-numbered years, the Father shall have custody of the Child for Memorial Day and
Labor Day and the Mother shall have custody for July Fourth.
F. Birthdays: The parties shall make arrangements by agreement to share having
custody of the Child on the Child's birthday, if desired by either or both parties. Each parent shall be
entitled to have a period of custody with the Child on that parent's birthday as arranged by agreement.
G. The holiday custody schedule shall supersede and take precedence over the regular
and vacation custody schedules.
S. Each party shall be entitled to have a vacation period of custody with the Child for one (1)
uninterrupted week each year upon providing at least thirty (30) days advance notice to the other
parent. The party providing notice first shall be entitled to preference on his or her selection of
vacation dates. Each parent exercising a period of vacation custody with the Child shall provide the
address and telephone number where the Child can be contacted in advance to the other party. The
vacation custody schedule shall supersede and take precedence over the birthday custody schedule,
6. Unless otherwise agreed between the parties, the parent receiving custody of the Child shall
be responsible to provide transportation for the exchange of custody.
7. Neither party shall remove the Child from school during the school day unless otherwise
agreed by the parties in advance.
8. In the event either party is unavailable to provide care for the Child, including
transportation, during his or her period of custody on a weekday for any period of time, that parent
shall first contact the other parent to offer the opportunity to provide the care for the Child during the
custodial parent's unavailability before contacting third party caregivers. During weekend periods of
custody, this right of first refusal shall not become effective unless the custodial parent is unavailable
to provide care for the Child for four hours or longer.
9. The parties agree that the Mother may relocate, with the Child, to a different residence after
the Child's Kindergarten year within the local area which shall expressly include and be limited to
locations within the following school districts: Carlisle, Mechanicsburg, Cumberland Valley, East
Pennsboro, Camp Hill, South Middleton, West Shore and Northern York. The Father agrees that he
does not object to a relocation within the foregoing school districts or to enrollment of the Child to be
enrolled in any of the foregoing school districts at the time of the Mother's relocation.
10 The parties agree that the custodial parent shall be the primary supervisor and caregiver to
the Child during his or her periods of custody.
11. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
12. No party shall be permitted to relocate the residence of the Child which significantly
impairs the ability to exercise custody unless every individual who has custodial rights to the Child
consents to the proposed relocation or the Court approves the proposed relocation. A person proposing
to relocate MUST comply with 23 Pa. C.S. § 5337.
13. 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: ZV ith O. Brenneman Esquire-Counsel for Mother
Robert C. Nickey - Father
I V-S /V:21(ECL
S/lc�/l3
ROBERT C. NICKEY IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2008-5055 CIVIL ACTION LAW
JESSICA R. DELANEY
Defendant IN CUSTODY
Prior Judge: Edgar B. Bayley
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 AGE CURRENTLY IN CUSTODY OF
Liam Delaney 5 Mother/Father
2. A custody conciliation conference was held on May 1, 2013, with the following individuals
in attendance: the Mother, Jessica R. Delaney, with her counsel, Keith O. Brenneman Esquire, and the
Father, Robert C. Nickey, who is not represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached. It should be noted that the
parents agreed to the Mother's relocation which is expected to take place within the next two years on
the condition that the move is to a location designated to be within the listed school districts.
Esquire
Date Dawn S. Sunday, Esquire
Custody Conciliator