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HomeMy WebLinkAbout08-74980 Pamela L. Purdy, Esquire Attorney ID No. 85783 308 N. 2^d Street, Suite 200 Harrisburg, PA 17101 (717) 221-8303 tel (717) 221-8403 fax plpurdy@verizon.net Attorney for Plaintiff CLIFFORD HANNER AND LINDA HANNER Plaintiffs V. BRENDA E. HANNER and MAXWELL FALEY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 7148 (2,..z`. CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiffs, by and through their attorney, Pamela L. Purdy, Esquire, files a Complaint for Custody against Defendants, and in support thereof, avers the following: Plaintiffs Clifford Hanner (hereafter referred to as "Maternal Grandfather") and Linda Hanner (hereinafter "Maternal Grandmother") (collectively hereinafter referred to as "Maternal Grandparents") are a married couple who currently reside at 6203 Whitehill Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Brenda E. Hanner (hereafter referred to as "Mother") is an adult individual who currently resides at 217 Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant Maxwell Faley (hereinafter referred to as "Father") is an adult individual who currently resides at 217 Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiffs seek custody of the following child: Name Present Address Makayla Ann Faley 6203 Whitehill Drive Mechanicsburg, PA 4. Makayla was born out of wedlock. Birthdate 12/11/06 5. Makayla is currently in the custody of Maternal Grandparents. 6. Since birth, Makayla has resided with the following person(s) and at the following address(es): Person(s) Father Mother Father Mother Maternal Grandparents Caden Maxwell Cupp Address(es) 50 Village Court Mechanicsburg, PA 410 S. Market Street Mechanicsburg, PA 6203 Whitehill Drive Mechanicsburg, PA Date(s) birth to April 2007 April 2007 to May 2007 May 2007 to present 7. The father of the child is Maxwell Faley, who currently resides at 217 Market Street, Mechanicsburg, Cumberland County, PA. He is unmarried. 8. The mother of the child is Brenda E. Hanner, who currently resides at 217 Market Street, Mechanicsburg, PA. She is unmarried. 9. The relationship of Plaintiffs to the child is that of Maternal Grandparents. Plaintiffs currently reside with the following person(s). Name(s) Relationship Caden Maxwell Cupp Grandson Makayla Ann Faley Granddaughter 10. The relationship of Defendants to the child is that of Mother and Father. Defendants currently reside with each other. 11. Maternal Grandparents have 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. 13. Maternal Grandparents have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. Maternal Grandparents do 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. 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. 16. It is in the best interests of the parties that Maternal Grandparents be granted legal and physical custody of the child, with visitation to Mother and Father by agreement of the parties. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter an Order granting them legal and physical custody of the child, with Mother and Father having visitation with Makayla by agreement of the parties. Respectfully submitted, PkW& ? - Pamela L. Purdy Attorney for Plaintiffs Dated 3e?Loq' Z? L06' VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Cliffo anner ?L' 2G b r 1 W 9? 1 r? a ri CLIFFORD HANNER AND LINDA HANNER : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-7498 CIVIL ACTION LAW BRENDA E. HANNER AND MAXWELL FALEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, December 31, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 29, 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 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/ Hubert X. Gilroy, Es q. 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 * „_. •Y ISM'' COURT OF COMMON PLEAS, STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND CLIFFORD HANKER AND LINDA HANKER Plaintiff(s), Vs. NO. 08-7498 AFFIDAVIT OF SERVICE OF: COMPLAINT FOR CUSTODY BRENDA E. HANKER AND MAXWELL FALEY Defendant(s). STATE OF PENNSYLVANIA ) ) ss. COUNTY OF DAUPHIN ) The undersigned, being first duly sworn, on oath states: That I am now, and at all times herein mentioned, was a citizen of the United States and a resident of the State of Pennsylvania, over the age of 18 years, not a party to or interested in the above entitled action, and am competent to be a witness therein. That at 2:30 P.M. on January 6`s, 2009, at 217 S, Market Street, Mechanicsburg, Pennsylvania, I duly served the above-described documents in the above-described matter upon Cindy, the Defendant's girlfriend. JOHN P. CHRONISTER SUBSCRIBED AND SWORN to before me on: 64fl,' Fj. NOTARY PUBLIC in and for the State nn of Pennsylvania residing at:?Daft My commission expires: C;0`1.'Vl& i' d;_,'?.i_TH OF PENNSYLVANIA N=riai Seal Wendy M. Johnstw,, Notary Public Susquehanna Twp., Dauphin County P,,ly Commission Expires Oct. 24, 2009 Member. Pennsvlvania Association of Notaries .c? .. ? 1 ?? ? ? ? E"1?? "?` ,, ,a.3 ?, ?f? _.k: M r ?: ;. s COURT OF COMMON PLEAS, STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND CLIFFORD HANNER AND LINDA HANNER Plaintiff(s), Vs. NO. 08-7498 AFFIDAVIT OF SERVICE OF: COMPLAINT FOR CUSTODY BRENDA E. HANNER AND MAXWELL FALEY Defendant(s). STATE OF PENNSYLVANIA ) ) ss. ) COUNTY OF DAUPHIN The undersigned, being first duly sworn, on oath states: That I am now, and at all times herein mentioned, was a citizen of the United States and a resident of the State of Pennsylvania, over the age of 18 years, not a party to or interested in the above entitled action, and am competent to be a witness therein. That at 6:00 P.M. on January 7`h, 2009, at 6203 Whitehil Drive, Mechanicsburg, Pennsylvania, I duly served the above-described documents in the above-described matter upon Brenda Hanner, by then and there personally delivering a true and correct copy thereof by leaving the same with Brenda Hanner, Defendant. JOHN P. CHRONI TER SUBSCRIBED AND SWORN to before me on: Lfl Q NOTARY PUBLIC in and for the State of Pennsylvania residing at: Dime My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy M. Johnston, Notary Public Susquehanna Twp., Dauphin County My Comm;; ^n Expires Oct. 24, 2009 Member. Pc rjr?s iaania Association of Notaries t'll {i^ a*t FEB 0 3 20994 CLIFFORD HANNER and IN THE COURT OF COMMON PLEAS OF LINDA HANNER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW BRENDA E. HANNER and MAXWELL&ALEY, NO. 2008-7498 Defendant r-"t IN CUSTODY PRIOR JUDGE: Kevin A. Hess COURT ORDER AND NOW, this q' day of A" 2009, upon consideration of the att ached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the 6' day of March, 2009 at 1:30 p.m. At this hearing, the maternal grandparents shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORARY Custody Order is entered without any prejudice for either party to seek a different custody order at the hearing or to raise any standing issues with respect to the parties at the hearing: A. Physical custody of the minor child should be handled with the mother Brenda E. Hanner having custody for one week and the grandparents, Clifford Hanner and Linda Hanner, having custody the second week with the parties alternating thereafter. This provision shall become effective once the q ,D--C.,111" SCE PM 12: 48 !S''r'LV V-- mother moves out of the grandparent's home into her own apartment. Until mother moves, the parties shall continue with custody as they have over the past year. B. Unless agreed otherwise by the parties, mother and maternal grandparents shall exchange custody every Sunday at 5:00 p.m. C. The father, Maxwell Faley, shall enjoy custody of the minor child every Friday consistent with the schedule the parties have employed over the past six months. D. When the mother is at work or otherwise unavailable to care for the minor child and the child is in mother's custody, mother shall contact the maternal grandparents first to offer them the opportunity to provide daycare with the minor child. BY THE COURT, Judge Kevin/A. Hess cc: amela L. Purdy, Esquire ica Holst, Esquire A r O CLIFFORD HANNER and LINDA HANNER Plaintiff vs. BRENDA E. HANNER and MAXWELL HALEY, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-7498 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: Makayla Ann Faley, born December 11, 2006. 2. A Conciliation Conference was held on January 29, 2009, with the following individuals in attendance: The maternal grandparents, Clifford Hanner and Linda Hanner, with their counsel, Pamela L. Purdy, Esquire, the mother,Brenda E. Hanner, with her counsel, Jessica Holst, Esquire, and the father, Maxwell Faley, who appeared without counsel. 3. This is a dispute between mother and the maternal grandparents with respect to who should have primary custody. There is no real status quo because the mother has been living with her parents for approximately one year and she is planning on moving out of the house. The maternal grandparents are seeking primary custody. The mother is also seeking primary custody. The father, who appeared without counsel, has been exercising visitation on every Friday and he is satisfied with that custody on a temporary basis pending a hearing. I_ i 4. The Conciliator recommends an Order in the form as attached. r Date: January ?? , 2009 ?`(U Hubert X. Gilroy, Es uire Custody Conciliator CLIFFORD HANNER and LINDA IN THE COURT OF COMMON PLEAS OF HANNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW VS. NO. 08-7498 CIVIL BRENDA E. HANNER and MAXWELL FALEY, Defendants . : IN CUSTODY ORDER AND NOW, this A/ ? day of February, 2009, at the request of counsel for the parties, hearing in the above matter set for March 6, 2009, is continued to Thursday, April 23, 2009, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 4/ Hess, J. /amela Purdy, Esquire For the Plaintiffs Xssica Holst, Esquire J For the Defendants :rlm 'ViNv11lViNNI,3d AaNno- £ I : I Ind 11 834 6402 CLIFFORD HANNER and LINDA IN THE COURT OF COMMON PLEAS OF HANNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. BRENDA E. HANNER and MAXWELL I,ALEY, Defendants CIVIL ACTION - LAW NO. 08-7498 CIVIL IN CUSTODY ORDER AND NOW, this .20' day of April, 2009, at the request of counsel for the parties, hearing in the above matter set for April 23, 2009, is continued to Friday, August 7, 2009, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Pamela Purdy, Esquire For the Plaintiffs ?Jessica Hoist, Esquire For the Defendants : rlm l -ES KWa L Lac L ?,/aolvg c? . ?• k.: `' ` ?'?; ;? ? _ + . , v ? ? _.t -?- ? ? ?? '??'- Vi ? i:. f _t ?.,,! R 1 CLIFFORD HANNER and LINDA HANNER, Plaintiffs vs. BRENDA E. HANNER and MAXWELL FALEY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-7498 CIVIL IN CUSTODY ORDER AND NOW, this /Y -t4 day of September, 2009, following hearing, it is ordered and directed that legal custody of the child, Makayla Ann Faley, born December 11, 2006, shall be shared by the parties. Physical custody of said child shall be exercised on the following two- week rotation to commence, unless said rotation has already been put into effect, as the parties shall agree, and if they cannot agree, on Monday morning following the Mother's next week of custody: 1. Maternal Grandparents shall have Makayla from Monday morning until Friday night at 4:00 p.m.; 2. Father shall have Makayla on Friday evening from 4:00 p.m. until 8:00 p.m.; 3. Mother shall have Makayla on Friday evening from 8:00 p.m. until Saturday evening at 6:30 p.m.; 4. Maternal Grandparents shall have Makayla Saturday evening from 6:30 p.m. until Sunday evening at 6:30 p.m.; 5. Mother shall have Makayla from Sunday at 6:30 p.m. until Friday at 4:00 p.m.; 6. Father shall have Makayla on Friday evening from 4:00 p.m. until 8:00 p.m.; 7. Maternal Grandparents shall have Makayla Saturday evening from 6:30 p.m. until Sunday evening at 6:30 p.m.; and 8. Mother shall have Makayla on Sunday evening at 6:30 p.m. until Monday morning. When the Mother is at work or otherwise unavailable to care for the minor child and the child is in Mother's custody, Mother shall contact the Maternal Grandparents first to offer them the opportunity to provide daycare with the minor child. The parties shall share holidays as they shall agree, and if they cannot agree, this matter to be referred to conciliation. ? Pamela Purdy, Esquire For the Plaintiffs ,A'essica Holst, Esquire For the Defendants rlm Cef flez- *? L LL 4?,s?ar BY THE COURT, OF THE 2099 SEP IS A."i I 1: 013 .Vfy