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HomeMy WebLinkAbout09-0195Max J. Smith, Jr., Esquire Attorney I:D. #32114 Jarad W. Handelman, Esquire Attorney LD. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mj~,.,jsdc.com JEANNE S. ALLISON and ROBERT C. SECORD, Plaintiffs vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-0 / QS' CNIL TERM WILLIAM E. ALLISON and RACHEL FARRELL, :CIVIL ACTION -LAW Defendants :CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW come the Plaintiffs, JEANNE S. ALLISON and ROBERT C. SECORD, by their attorney, MAX J. SMITH, JR., Esquire, and respectfully represent the following: 1. Plaintiffs are JEANIVE S. ALLISON and ROBERT C. SECORD, who currently reside at 13 East Shady Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, WILLIAM E. ALLISON, currently resides at 314 2"d Street, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant, RACHEL FARRELL, currently resides at 110 S. St. John's Road, Camp Hill, Cumberland County, Pennsylvania 17011. 4. Defendants are the natural parents of CHEYENNE M. ALLISON, born January 7, 1998, and are not married to each other. 5. On September 19, 2003, a Stipulated Order for Custody was issued by the Honor- able Richard K. Renn in the Court of Common Pleas of York County granting Defendant William E. Allison primary physical and shared legal custody of the minor child and setting forth a schedule of Defendant Rachel Farrell's partial custody with respect to the minor child. (See copy of Order marked Exhibit "A", attached hereto and made part hereofj. 6. Plaintiff, JEANNE S. ALLISON is the paternal grandmother and Plaintiff, ROBERT C. SECORD is the paternal step-grandfather. 7. The best interests and welfare of the minor child require that primary physical and legal custody of Cheyenne be with Plaintiffs. 8. The minor child has resided at the following addresses for the past five (5) years: (a) From at least 2003 until March 2004 at 606 Lewisberry Road, New Cumberland, Pennsylvania with Father, step-mother, April and half-brother, Hunter; (b) From Apri12004 until Apri12005 at 606 Lewisberry Road, Lewisberry, Pennsylvania with Father and half-brother, Hunter; (c) From Apri12005 until November 2007 at 606 Lewisberry Road, Lewisberry, Pennsylvania with Father, Father's girlfriend, Brandi and half-brother, Hunter. (d) From November 2007 until June 9, 2008 at 994 Lewisberry Road, Lewisberry, Pennsylvania with Father, Father's girlfriend, Brandi, half-brother, Hunter and half-brother Calem after his birth in Apri12008. (e) From June 9, 2008 until December 7, 2008 at 13 East Shady Lane, Enola, Pennsylvania with Father, Father's girlfriend, Brandi, half-brothers, Hunter and Calem and Plaintiffs. (fl From December 7, 2008 until present at 314 2°d Street, Enola, Pennsylvania with Father, Father's girlfriend, Brandi and half brothers, Will and Calem. (g) Additionally, from 2003 until June 9, 2008, Cheyenne would spend every other weekend and sometimes entire summers at 13 East Shady Lane, Enola, Pennsylvania with Plaintiffs. 9. Plaintiffs do not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other State other than proceedings entered to No. 1998-SU-05470-03, William Allison versus Rachel Lewis n/k/a Rachel Farrel. 10. Plaintiffs have not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State. 11. Plaintiffs do not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to her other than the hereto referenced action. 12. Plaintiffs as grandparents have standing to bring this action pursuant to 23 Pa. C.S.A. 5313, and have stood in loco arentis with respect to said child from June 2008 until the present. 13. Plaintiffs are eminently qualified to serve as Cheyenne's primary custodians. WHEREFORE, Plaintiffs respectfully pray that your Honorable Court order that primary physical and legal custody of Cheyenne be with Plaintiffs, subject to Defendants' rights of partial custody. Respectfully submitted, Date: January ~y , 2009 ~I MAX J. SMITH, JR., squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 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. C.S. Section 4904, relating to unsworn falsification to authorities. li:~G"C~2J yC-i J E S. LISON ROBERT C. SECORD tY •~.., i `' ` F. k ~:Y t IN THE CCIURT OF COMMON PLEAS OF YORK COUNTY, p~E~r~~i-A1~1111 , FAMILY DMSION , ~:~}~ ., ~ ~AA r~ p xY~~ F~ ~ - F , ~ ~ .. r_1r~.~` ~ WILLIAM ALLISON ~; ~ 'r. ~ . No.1998~U-0547Q-03 ~- '~~ ~~ VS w ~ .. '~ ~ ` i' ~ . Civii action Law . ~~ r'` i ._ - RACHEL LEWIS n/k/a RACHEL . .: -~ ~~~ ; "~; _, ~' ~ ~ `'~ FARREL , w CUSTODY : ~ ~: ~ c ;: ,, `yu ~ ~~ - c'~~ APPEARAN CES: For Plaintiff: BRADLEY A. WINNICK Esq . : ~ ;:~ ~ - ~ ~ ~ ~ i:;- , , : < _ For Defendant: JOHN M. HYAMS, Esq. ~ - STIIPULATED ORDER FOR CUSTODY r: ~ ~ ~ . ~ . AND NOVit, this ' ~~day of September, 2003, this Order is ~-~~: being entered - as aresult of a pre-trial c~naiiation conference held on September 15,~~~Q03 before ... .4 ,~ James A. Holtzer. The matter is before the Ccurt on Father's t~tiott s j modification of the Court's Order entered November 2, 1998. ~`}' ~'a .. ~ ~F.~l This matter involves the custody of: . .. Cheyenne Marie Allison D.O.B.: 01/07/1998 A e: 5 ~~* 9 yrs. $ mos. ~ . r = ~ . ~ ,,, A previous court order concerning the child was entered on November 2, 1998, : ~ ~ , ~'~~ t ,, F, which provided that the parties share both legal and physiCel custody, ~ ~' ~` a . ,~. ,~, ~~- The parties. to their credit, have reached an acreernent to resdve~t~i~ls_ sins. ' .~ ,.~: ~~~- .. h i The terms Of this a ' . d ~ r `- gneement indude Mother's wiiCngness not ~ to t;>8, eny ~ ~ . ~ y investigation that might be made b an authori .... '' Y Y ty regarding her husband;:.l~1at# Fart~.~ ~ ~' !t is also acknowledged by the parties that this a /~/~/,,` . ~~~~yy~~ yy"~~ ~; ~ j ~°~. g~~t ~ 8 ~Y1~fA ~H~~ ,r~th::~ r ~_.: ~.5_ not necessarily to be considered the status ~ .'` ~ F~ ~'~ t~ " quo. tt 7,, y . T zs3o~~aa~z~s _ ~ ~. _, ~, .~ J ~;,-R p J ~~ $L i- * 'f • 1 ? p ~ ri T ~ f „i~r~~J.:. 9~y~y.. r.. ti ~» , .. ~, ,y'. -i 1 •, tYi .. 7. ~.e y. ursuant to the agreement of the parties, they shall continue to share legal ~i ' .i yy+ *~' custody of their daughter. Joint legal custody means the right of both parents to contrd and to share in making deasions of importance in the life of their d~ld, including educational, medical, and religious decisions. Both parents shalt be entitled to equal . access to the child's school, medical dental and other important records. ,,~ As soon as pradicai after the receipt by a party, copies of the child's schod schedules, spegai events notifications, report cards, and similar items shall be provided ;~. ~ r to the other party. Each shalt notify the other party of any medical, dental, optical and other appantments of the child with health care providers, suffiaenfly in advance ,~ thereof so that the other party can attend. ~. Notwithstanding that both parents share legal custody, non-major decisions ' invdving the child's day t~ day living shat! be made by the parent then having custody, ~f consistent with the ocher provisions of this Order. Primary physical custody of the child, as that term is defined in the Custody ~~~ ~ Act. shall be with Father. _; ~ ` Partial rcai cost g p y phys' ody is the ri ht to take ossession of a child awa from the ~-' ~1 custodai parent for a certain period of time. Mother shaft have partial physical custody of the child, supervised by Father and in his presence, as follows: SCHEDULE OF PARTIAL CUSTODY: . ., ALTERNATE WEDNESDAYS: .~:,: Mother shall have partial custody of the child on aitemate ,.; ' Wednesda from 6.00 ys p.m. for approximately one hour, beginning f r' September 17, 2003, at a location to be agreed upon by the parties, ' 2~~0~14~02~6 -~: ~ . :t ~, .. .~"~;; ~... r :" "' ~~~~ ,. ~ ~'y°` ~ ~.~ ~~ 't ',~'yS,.!. ~~~ ~ ~. ::;~' ~: ;~~~ .•.•~ ALTERNATE SATURDAYS: ° :~ Mother shall have partial custody of the child on alternate ~ - Saturdays from 2:00 p.m. for approximately one hour, beginning September 27, 2003, at a location to be agreed upon by the parties. ~ '1' ,' - . TRANSPORTATION: :J~: S- At all times, the child shall be secured in appropriate passenger restraints. Wo k. person transporting the child shalt consume alcoholic beverages prior. to transportin ~ '~~ g .' .: , the child. No person transporting the child shall be under the influence of.~y ~cohdia~ : ~ ~ Yl, 4 . beverages white transporting the child. "~ s` . . ,. ;~,;,f. -, . ~; '. ;..,~- EXTRACURRiCULAR ACTMTiES: ~; ~-~ t=ech party shall provide the other with at feast forty-eight {48) hours advance' notice of schod or other activities whenever passible. ~;~, Both parties shall agree to honor and partiapate in the activities,. #hat the .gild ~ ~ -` wishes to engage in. During the times that the parents have custody of the child, they±. wilt make certain that the child attends any extracurricular activities. The parties are. ,'~ directed to be support;ve of the activities and will transport the child to and from such ~~ ` A~; activities and the preparations and practice for the activities that are sc~etluled, in such ~ `'I ~, tune SO that the child is able to partiapate in those everts. ,~ Neither parent. however, shall commit a child to any activity unless the. child ~ ' ° , `.~ definitely desires to attend that activity. Partiapation in activities whit~'t take place, . during the schod year is c~ntin ant '- g upon the child maintaining passing grades in .. ~;~< 2650914402x6 ~ - >; t .~ 3 _ ,~;~~~ f by . ,'(+q '. _. rti schOOl. Neither parent shalt commit a child to activities that fall on the other parent's ~' period of custody, without the consent of the other pan3ni, which consent. shall not be :,: , , r , ~~ unreasonably withheld. tf the child is involved in an activity which oc•,curs during both "=~ parents' periods of custody, both parents shall cooperate in providing transportation of `~ ; the child to the activity. However, the custodial parent shag not be required to take thee: ~~ child to that activity if the cx~stodial parent and child are out of town during that activity,: ~ ~= for apreviously schedules vacation. In the event that the custodial parent is unable to deliver the child to the particular , activity, the parent who has custody of the child at that time shall notify the nonatstodiat parent, who shall be entitled to pick up and deliver the child to the designated activity., ~ . ~' .~ . The custodial parent shall make certain that the child is ready for pickup in time.... f~ ., suffiaent to enable the child to timely attend the acfivity. `~,ri ,~. Should the custodial parent elect not to take the child to a defined 8ctivi ,,~, ty Period. _` '~ for two times, then the non-custodial parent shall have the right to assume that he or ~ `~~ . ~~. .~ she wiA be responsible for transporting the child to that activi until a ~~~~~ ty ppropriate :w;~ transportation is provided. ~ ° x TELEPHONE CALLS: Both parties are expected to use common sense in scheduling tetephone calls to~ ~ ' ~; tack to the child. Both parties are hereby directed to refrain from preven~ng the parent who may be calling from talking to the child, or preventing the child from calling the ~~: _ other parent, provided that the phone calls are not excessively frequent trot-too long In duration that they disrupt the child's schedule. . .- 26509140296 ~ ~:: :r~ 4 ~~ ~, ,o ~ n~ ~. R .~~.. ..., ti,. ;~; - s~. Each of the parties and any third party in the presence of the child shall take ail.:.. . ~E~a .1 measures deemed advisable to foster a #eeiing of affection between the child and the' other party. Neither party shall do nor shall either parent permit any third person to d0 or say anything which may estrange the child from the other parent, their spouse or- relatives, or injure the child's opinion of the other party or which may hamper the free and natural development of the child's love and respect for the other parent. The parties shall not use the child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. FtNANCtAL CARE OF CHILD: In the event that a significant matter arises with respect to the medical care education, or finanaai care of the child such as a change in occupation, health 'insurance, educational expenses, or residence of a party, those matters shat) be discussed with the other parent before any change is made by either parerrt. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the= - ;~; .~ child's health, maintenance, and education with a view towards obtaining and following ,. ~ .; a harmonious policy in the child's education and sxiat adjustments. Each, party. ~ ~ ~ ', agrees to keep the other informed of his or her re: idenc~ and telephone number t0 ~ , ,_ .~ faalitate cornmunication oonceming the welfare of the child and the any sltua'don. Each party shall supply the name, address and phone numbers of eny persons. in . :y whose care the child wi~l be in for a period in excess of seventy two hours, and for eBCh -'~ ~ ~` ... ., person or entity which may provide day cane f~~~6exduding current daycare ~. f ;~1; :nor 1 5 .` ~, \ C `~ .i ~' r ~4r~1 ~~ .•?,. ..Y. ., ~'c: fY p. ~i'p '4~.'- ~~ ~Pv I `, '. providers, relatives, or public schod institutions. ,,. ~: .. - Y~'1. Yr- ~y tL1.NESS OF CHILD: ~ ; Emergency deasions rogarding the child shall be made by the parent then ~ ~~" having custody. However, in the event of any emergency or serious illness of a child at . ;~ti any time, any party then having custody of the child shalt immediately communicate with ~ - :; the other party by telephone or an other means radic:ei, inforrr~n the'sther a oi'~` '~ ~; ~tf Y P 9 P ~y ,~, ;.,~, the nature of the iilnes3 or emergency. so the other parent can become ittv~oived In the ~~ ~' ~ ~ , ~ ~ ~- .; _~. ~ `_ l ~ 1 rri lt'. decision making process as soon as practical. _. t .. ..t ;. v. The term "serious illness" as used herein shall mean any disability which. r confines the child to bed in for a period in excess of seventy-two (72) hours and which ~ . places the child under the direction of a licensed physiaan. . -a - ~ .~~ - .., - :, WELFARE OF CHlLO TO BE CONSEDERED: ~ - ~ The welfare and convenience of the child shall be the prime c~nstderation of the - ; :,, .~ M " 3. parties in any application of the provisions of this order. Both parents are directed t0 ~ ~ ' ` ?~. _,;:,, ; Listen carefully and consider the wishes of the child in addressing the custodial „~~~ ~~~' ~~--~ ,. ,~ . ~-, schedule, any changes to the schedule, and any other parentingrssues. ~~`` ~ ~r~`' ~: ~~ ~.w, ~~ SIIAOKE /DRINK !ILLEGAL SUBSTANCES: -`;~; No party shall smoke in any part of a confined area with the n*ild pr~es+ant-and : ~ ..; °.F k> neither party shalt permit another person to smoke in any part of a conRrted'are8°with`° .~, ~,r~>=~~ the child present. No party shaft drink alcoholic beverages or consume Illegal - , - 1 y~. ,,t. substances when in the presence of the child, and no patty shat) be undet` the influence% ` ~ a `~ .~~. s of alcoholic beverages or illegal substances whe~'~'~~ce of the c,~hild: . ~ ~° ~ _ :~ - ~~ :~, K ~,; ~~pe~r~E:~, ~' 'i'r. ~ '7. 6 i... ~ ~sk~ ~ ",. .. .fie' ~~t, ~~.. x . ' .~~~~~ . , ,,,u r . t i.~~.y.~,,~p yam{ ~. -.~" .n ._~ MODIFICAT~N OF ORDER: , ~~;~ ~, The parties are free to modify the teens of this order but in order'to do so the Court makes it dear that both parties must be in complete agceerrtent to any new teens. ~' , ~., =r That means both parties must consent on what the new terms of : fhe custody aa~, arrangement ~ visitation schedule shah be. _ ~< in the event that one or the other does not consent to a change. Qtat doe3 not ~ , , '{ mean each follows`r~~ ,r own idea as to what you think the atTang8m8f~t8 Should t}e. y` The reason this Court Order is set out in detail is so both parties have It to refer to and ~ ~ ~" ,: to govern your relationship with the gild and with each other in the, event of a . _, :ti drsagreement. We direct that a copy of this order be sent to counsel for parries who are -3 represented. zs~a~~~~az~s 7 .. ...: ~ n r~, ~ ~ ~ ~ ~ ~ ;~; f ~ ~ r~i ~ L',7 z~ r ,~ i~? oo ~~ ~l.J W ~ '~ ".~ ` 6 . t- ~ -,:fit V ~ ~G: "~~ ~G N ~V +' AUG ~t ~ 1UO~c,, JEANNE S. ALLISON and IN THE COURT OF COMMON PLEAS OF ROBERT C. SECORD CUMBERLAND COUI~(TY, PENNSYLVANIA Plaintiff vs. 2009-195 CIVIL ACTION LAW WILLIAM E. ALLISON and RACHELFARRELL Defendant IN CUSTODY ORDER AND NOW, this 7th day of August, 2009 ,the conciliator, having received no request from any of the parties or counsel to reschedule the custody conciliation conference initially set for May 6, 2009, hereby relinquishes jurisdiction. FOR THE COURT, o~ Dawn S. Sunday, Esquire Custody Conciliator FII.~Ct-~3i~~i~~ 209 ~{.'G f 7 ~'~ 12~ ?_ h JEANNE S. ALLISON vs. Plaintiff MAY ~ 0 2010 IN THE COURT OF COMMON PLEAS OF CUM$ERLAND COUNTY, PENNSYLVANIA 2009-195 CIVIL ACTION LAW WILLIAM E. ALLISON and RACHEL FARRELL ORDER OF'~i COURT AND NOW, this 1~~ day of M 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 11, 2009 shall continue in effect as modified by this Order. 2. Pursuant to paragraph 6 of the March 11, 2009 Order, the Father shall make arrangements for the Child to participate in counseling with her counselor, Patricia Moore, on a regular basis to enable the Child to address with a professional any problems which arise as a result of conflicts within the family or any aspect of the custodial arrangements. The parties shall follow the recommendations of the counselor as to the frequency and duration of the counseling sessions. While recognizing the confidential nature of the counseling relationship' between the professional and the Child, the parties may contact the counselor to obtain any guidance vwvhich the counselor is willing and able to provide. 3. Pursuant to paragraph 7 of the March 11, 2009 Order, the parties shall select the professional to conduct the therapeutic family counseling/communication counseling within 10 days of the date of this Order and shall thereafter schedule the initial sessions as promptly as possible. 4. No party shall do or say anything which may estrange the Child from the other parties, injure the opinion of the Child as to any other party, or hamper the free and natural development of the Child's love and respect for the other parties. All parties shall ensure that third parties having contact with the Child comply with this provision. C Q ~ ; ~ ~ t V7 N :~ Q ~l -.~_ ~~ ~ Cl'i ~ "~ Defendant IN CiTSTODY a w 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisipns of this Order by agreement. In the absence of agreement, the terms of this Order shall control. BY THE COURT, M. L. Ebert, Jr. cc: / J d W. Handelman, Esquire -Counsel for Plaintiff/Paternal Grandmother / R~hel Farrell -Mother /William E. Allison -Father I s~~~~~~ ~l JEANNE S. ALLISON vs. WILLIAM E. ALLISON and RACHEL FARRELL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2009-.195 CIVIL ACTION LAW Defendant IN CUSTODY Prior Judge: M. L. Ebert, Jr. 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 Cheyenne M. Allison January 7, 1998 Father 2. A custody conciliation conference was held on May 6, 2010, with the following individuals in attendance: the Paternal Grandmother, Jeanne S. Allison, with her counsel, Jarad W. Handelman, Esquire, the Father, William E. Allison, and thee. Mother, Rachel Farrell. Neither of the parents is represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquir Custody Conciliator