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Home My WebLink About08-7258RHONDA HARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW RENE HIPPENSTEEL and CHAD VALLINCOURT, : NO. 08- 7 CIVIL TERM Defendant. : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Rhonda Harper, by and through her attorney, Mark F. Bayley, Esquire, and presents the following complaint for custody, representing as follows: 1. The Plaintiff, Rhonda Harper, is an adult individual residing at 68 Tiptop Circle, Carlisle, Pennsylvania, 17013. 2. The Defendant, Rene Hippensteel, is an adult individual residing at 862 Carlwynne Manor, Apt. B-311, Carlisle, Pennsylvania, 17013. 3. The Defendant, Chad Vallincourt, is an adult individual residing at 149 A Street, Carlisle, PA 17013. 4. Plaintiff seeks custody of the following child: Name Present Residence Age D/O/B Kadin Green 68 Tiptop Circle, 5 5/21/2002 Carlisle, PA 17013 5. The child was born out of wedlock 6. The relationship of the Plaintiff to the child is that of maternal grandmother. The Plaintiff currently resides with her boyfriend, David Neff. She is not married. 7. The relationship of the Defendant, Rene Hippensteel, to the child is that of natural mother. Defendant currently resides with her Father, Steven Harper. The Defendant is not married. 8. The relationship of the Defendant, Chad Vallincourt, to the child is that of natural father. He currently resides with his girlfriend Jennifer Hench. The Defendant is not married. 9. Rene Hippensteel and Chad Vallincourt are separated. 10. During the past five years, the child has resided with: Name Address Date Rhonda Harper 68 Tiptop Circle Sept. 2008- Carlisle, PA Present Kelly Harper 4 Cremery Rd. June 2008- Boiling Springs, PA Sept. 2008 Rene Hippensteel Plainfield, Pennsylvania 2006-2008 Rene Hippensteel Newville, Pennsylvania 2005-2006 Rene Hippensteel 2 1/2 Mountain Rd., Cumb. County 2003-2005 11. The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children is this or any other Court. 12. There is another custody docket concerning this child in Cumberland County: Chad Vaillancourt v. Renee Hippensteel 04-6364. Additionally, there is a juvenile docket number concerning this child in Cumberland County: CP-21-DP-249-2008. 13. Other than as noted above, Plaintiff does not know of a person nor a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. Plaintiff has standing to file the within complaint under, including but not limited to, 23 Pa.C.S. §§5311, 5312, and 5313. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference so that the parties may discuss entry of an order which serves the best interests of the child. 2' ?C) Date: Respectfully submitted, BAYLEY & MANGAN k F. Bayley, Esqui 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 RHONDA HARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW RENE HIPPENSTEEL and CHAD VALLINCOURT, : NO. 08- 7 d- f-?' CIVIL TERM Defendant. : IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Rhonda Harper, Plaintiff ? ? C? ? C- ?? ( ` v\ ; ` _ C `? G ? :? -?. ,-. e-? 0 c? c`y -? ?? ?7 ?? ..?;r, ;. `? L ., `r? ?' -i 1 -? ` ;? ,'?trr i- A RHONDA HARPER PLAINTIFF V. RENE HIPPENSTEEL AND CHAD VALLINCOURT IN THE COURTIOF COMMON PLEAS OF CUMBERLAND 2008-7258 CIVI IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, December 16, 2008 , upon c , PENNSYLVANIA ACTION LAW of the attached Complaint, it is hereby directed that parties and their respective counsel appear befor Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Fri Jay, January 16, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be hear by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry f a temporary or permanent order. The court hereby directs the parties to furnish any and all exis ing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours rior to scheduled hearing. FOR THE COURT, By: /s/ Hubert Custody 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 ATTOR HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar AE 32 South Bedford Str Carlisle, Pennsylvania 1 Telephone (717) 249 AT ONCE. IF YOU DO NOT EPHONE THE OFFICE SET on '013 166 G' am ` -Z?t" IAV? - q M -711 7XV a rl???i faJ . i 9 330 BIZ 1 1 { i F .1? ?? ?1•t . RHONDA HARPER, Plaintiff, vs. RENE HIPPENSTEEL and CHAD VALLINCOURT, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-7258 CIVIL TERM IN CUSTODY MOTION TO CONSILIDATE DOCKETS AND NOW, comes Rhonda Harper, by and through her attorney, Mark F. Bayley, Esquire and in support of the within motion avers as follows: 1. The Honorable M. L. Ebert has previous involvement with regard to the within matter. 2. Petitioner, Rhonda Harper, is Maternal Grandmother of the child at issue, Cadin Green (D/O/B 5-5-02). 3. Chad Vallincourt is the natural Father of the child. 4. Rene Hippensteel is the natural Mother of the child. 5. Father previously initiated a custody action under Docket No. 2004-6364. 6. Father recently filed a petition for modification under Docket No. 2004-6364. 7. Father was the only party that appeared for a conciliation scheduled for December 11, 2008 relating to Father's petition for modification; Maternal Grandmother was not a party to that action and was unaware of its scheduled date. 8. After said conciliation, the matter was listed for a hearing with the Honorable M.L. Ebert, Jr., for March 11, 2009. 9. Maternal Grandmother filed her custody complaint on December 11, 2008 under Docket No. 2008-7258 relating to the same child. 10. A conciliation conference was subsequently scheduled for January 16, 2009. 11. Petitioner now believes that it would be convenient to all parties and the Court if both the above dockets were consolidated 12. Michael O. Palermo, Esquire, has no objection to the within motion on behalf of Father. 13. Mother is pro se and her position is unknown. WHEREFORE, Petitioner respectfully requests the Court to consolidate Custody Docket Numbers 2008-7258 and 2004-6364. Date: Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esqu' 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 RHONDA HARPER, Plaintiff, VS. RENE HIPPENSTEEL and CHAD VALLINCOURT, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-7258 CIVIL TERM IN CUSTODY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: " Mark F. Bayley, Es e RHONDA HARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW RENE HIPPENSTEEL and CHAD VALLINCOURT, : NO. 08-7258 CIVIL TERM Defendants. : IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the attached document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Rene Hippensteel 862 Carlwynne Manor, Apt. B-311 Carlisle, PA 17013 Michael Palermo, Esquire 155 South Hanover Street Carlisle, PA 17013 UAI Mark F. Bayley, Esquir Dated: (? .rs tT JAN 0 9 2009 RHONDA HARPER, Plaintiff, VS. RENE HIPPENSTEEL and CHAD VALLINCOURT, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-7258 IN CUSTODY CIVIL TERM ORDER OF COURT A AND NOW, this ? day of 0`?' 2009, Custody Docket Numbers 2008-7258 and 2004-6364 are hereby consolidated. The scheduling order under Docket No. 2004- 6364 setting a hearing for March 11, 2009 remains in effect. The scheduling order under Docket No. 2008-7258 scheduling a conciliation conference for January 16, 2009 remains in effect. By the Court: Judge M. L. Ebert, Jr. cc: "ark F. Bayley, Esquire ./Michael Palermo, Esquire /Iene Hippensteel ?-4a t g.s rn?. t l?k? i !? ?? ,v.t ??.?, ?0 ,; ? ? ? ?,? `mod '? i _,?.u JAN 9 n 20099-) RHONDA HARPER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW RENE HIPPENSTEEL and NO. 2004-6364 CHAD VALLINCOURT, NO. 2008-7258 Defendant IN CUSTODY PRIOR JUDGE: M.L. EBERT, JR. COURT ORDER AND NOW, this '40 day of January, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The hearing scheduled in this case for March 11, 2009, at 9:00 a.m. in Courtroom No. 5 shall remain as scheduled. 2. Pending said hearing, custody of the minor child Kadin Green shall remain with the maternal grandmother, Rhonda Harper. The mother, Rene Hippensteel, shall have custody on alternating weekends consistent with the schedule that the parties have agreed upon. Additionally, the father, Chad Vallincourt, shall have custody on alternating weekends starting on Saturday morning at approximately 9:00 a.m. with the father delivering the child to school on Monday or keeping the child through the day if there is no school on Monday. 3. The above custody order is TEMPORARY subject to a final order being entered after the hearing referenced above. BY THE COURT, Judge M.L. Ebert, Jr. cc: ark F. Bayley, Esquire fichael O. Palermo, Esquire XS. Rene Hippensteel `. n r, w F RHONDA HARPER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. RENE HIPPENSTEEL and CHAD VALLINCOURT, Defendant PRIOR JUDGE: M.L. EBERT, JR. CIVIL ACTION - LAW NO. 2004-6364 NO. 2008-7258 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: 2. Kadin Green, born March 21, 2002. 3. A Conciliation Conference was held on January 16, 2009, with the following individuals in attendance: The maternal grandmother, Rhonda Harper, who appeared with her counsel, Mark F. Bayley, Esquire, the father, Chad Vallincourt, with his counsel, Michael O. Palermo , Esquire, and the mother, Rene Hippensteel, who appeared without counsel. 4. The parties agree to the entry of an Order in the form as attached. Date: January 2009 /A \ 4 ubert X. Gilr , Esquire Custody Con liator r JAN 9 (120091) RHONDA HARPER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW RENE HIPPENSTEEL and NO. 2004-6364 CHAD VALLINCOURT, NO. 2008-7258 Defendant IN CUSTODY PRIOR JUDGE: M.L. EBERT, JR. COURT ORDER AND NOW, this I (a day of January, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The hearing scheduled in this case for March 11, 2009, at 9:00 a.m. in Courtroom No. 5 shall remain as scheduled. 2. Pending said hearing, custody of the minor child Kadin Green shall remain with the maternal grandmother, Rhonda Harper. The mother, Rene Hippensteel, shall have custody on alternating weekends consistent with the schedule that the parties have agreed upon. Additionally, the father, Chad Vallincourt, shall have custody on alternating weekends starting on Saturday morning at approximately 9:00 a.m. with the father delivering the child to school on Monday or keeping the child through the day if there is no school on Monday. 3. The above custody order is TEMPORARY subject to a final order being entered after the hearing referenced above. BY THE COURT, '`` I-- ?A-A Judge M.L. Ebert, Jr. cc: ark F. Bayley, Esquire Xjchael O. Palermo, Esquire XS- Rene Hippensteel 71 9 1 :J( ,?"' %70 ' Vf' 6 O1 RHONDA HARPER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW RENE HIPPENSTEEL and NO. 2004-6364 CHAD VALLINCOURT, NO. 2008-7258 Defendant IN CUSTODY PRIOR JUDGE: M.L. EBERT, JR. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: 2. Kadin Green, born March 21, 2002. 3. A Conciliation Conference was held on January 16, 2009, with the following individuals in attendance: The maternal grandmother, Rhonda Harper, who appeared with her counsel, Mark F. Bayley, Esquire, the father, Chad Vallincourt, with his counsel, Michael O. Palermo , Esquire, and the mother, Rene Hippensteel, who appeared without counsel. 4. The parties agree to the entry of an Order in the form as attached. Date: January 2009 /A \?4 ubert X. Gilr , Esquire Custody Con liator 03-27-'09 13:06 FROM-ROMINGER & ASSOC 7172416878 T-837 P002/004 F-994 CHAD VAILLANCOURT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 04-6364 / 08-7258 RHONDA HARPER, and RENEE HIPPENSTEEL CUSTOD'Y' Defendants The Honorable M.L. Ebert, Jr. Plaintiff, Chad Vaillaneourt, hereinafter referenced as "Father," and Defendant, Rhonda Harper, hereinafter referenced as "Grandmother," hereby agree to the following terms to be memorialized in the form of an Order defining custody and partial custody rights and responsibilities in relation to Kadin Greene, born May 21, 2002, hereinafter referenced as "Child" as follows: I. Father has sole legal custody of the child as defined in 23 Pa. C.S.A. §5302. 2. Father shall have primary physical custody of child subject to periods of partial physical custody with Rhonda Harper (herein after referenced as "Grandmothee) on an every other weekend basis. i Said periods will be from Friday to Sunday; the parties will agree on exchange times. 3. Father and Grandmother agree to voluntarily submit to random drug testing at the request of Cumberland County Children and Youth Services (hereinafter "CCCYS"). 4. Grandmother shall provide to Father, the following at the conclusion of her first weekend of custody as contemplated by this Order: (a). The child's social security, 1 The biological Mother of the child, Ranee Hippensteel, is not awarded specific periods of custody. It is anticipated that Mother shall exercise her periods of visitation during Grandmother's periods of partial custody set forth herein. 03-27-'09 13;06 FROM-ROMINGER & ASSOC 7172416878 T-837 P003/004 F-994 (b) The child's birth certificate, (c) Any and all medical insurance cards, (d) All of the child's doctor's names and locations and provide any and all of the appointments that have been scheduled, and; (e) A reasonable amount of clothes and any other necessities within reason that will aid in the transition of the child to Father's home (i.e. favorite blanket and the like]. 5. Father and Grandmother shall mutually agree upon the holidays. 6. Neither parry shall make any disparaging remarks regarding the other party in the presence of the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the child. 7. Any modification or waiver of any of the provisions of this Agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the Agreement of the parties. 8. Father shall keep the child enrolled in the Big Spring School District until the close of the Spring 2009 school year. 9. All transportation of the child shall be accomplished by licensed, sober and insured drivers, with proper child restraint systems (i.e. car seats, booster seats). 10. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Father's attorney is Michael O. Palermo, Jr., Esquire. Rhonda Harper's attorney is Mark F. Bayley, Esquire. Renee Hippensteel is pro se. 03-27-'09 13;06 FROM-ROMINGER & ASSOC 7172416878 T-837 P004/004 F-994 11. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. SO STIPULATED: ,/,,6?kq Date G. 1g. of Date Date Date (0 1 IB?n Date Chad Vaillancourt, Father Michael 0. Palermo, J l, wire a-?t?L -4? Rhonda , Crrandmoth (maternal) Mark F. Bayley, Esquire iIAA". Renee Hippensteel, Mother 2"'9 22 Fi 1 3: ? Li i t.i JUN 2 3 2009 ? CHAD VAILLANCOURT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 04-6364 / 08-7258 RHONDA HARPER, and , RENEE HIPPENSTEEL CUSTODY Defendants The Honorable M.L. Ebert, Jr. ORDER OF COURT ?a AND NOW, this '.3 day of -S%3%NL , 2009, upon consideration of the within Stipulation for Custody, which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that the contents of said Stipulation are hereby adopted as an Order of Court with full weight and effect as if they had been set forth in full hereinafter. Any and all prior Orders in this matter are hereby vacated. By the Court: M.L. Ebert, Distribution: Michael O. Palermo, Jr., Esquire Mark F. Bayley, Esquire' n^^ ?' -? 3 o Q Renee Hippensteel, pro se