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Home My WebLink About04-1991KAT~iI,EEN ANN SNYDER, PLAINTIFF VS. BRANDON JAMES DOUDEN, DEFENDANT IN TI~E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAiNIA NO.Oq- l qq [ CIVIL TERM CIVIL ACTION - LAW IN CUSTODY' NOTICE TO DEFEND AND CLAIM RIGHTS 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 complaim 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 Defendant/Petitioner. 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 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 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 KATHLEEN ANN SNYDER, PLAINTIFF VS. BRANDON JAMES DOUDEN, DEFENDANT : IN TI~F, COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. Oq- lctq~ CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, KATHLEEN ANN SNYDER, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Sus~m Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinai~er sometimes referred to as "Mother") is KATHLEEN ANN SNYDER, who currently resides at 136 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant (hereinafter sometimes referred to as "Father") is BRANDON JAMES DOUDEN, whose current residence is believed to be with his parents at, 518 West Main Street, Apartment #8, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Name ZOE MARIE DOUDEN Plaintiff seeks Full Legal and Primary Physical Custody of the following child: Present Residence Date of Birth September 10, 2003 136 Salem Church Road Mechanicsburg, PA The child was born out of wedlock. 5. The child is presently in the custody of the Plaintiff, who resides at 136 Salem Chumh Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 6. Since the child's birth the child has resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff, Defendant 518 Main St. Apt. #8 Mr. and Mrs. Allen Douden, Mechanicsburg, PA and Defendant's sister, Courtney Douden Birth to January, 2004 Plaintiff and Defendant 1113 Apple Drive, Apt#8 January, 2003 to Mechanicsburg, PA April 18, 2004 Plaintiff, Mr. and Mrs. Snyder 136 Salem Church Road Mechanicsburg, PA April 18, 2004 to Present 7. The Mother of the child is the Plaintiff, Kathleen Ami Snyder, who currently resides with the maternal grandparents, Mr. and Mrs. Snyder at 136 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Mother is single. 8. The Father of the child is the Defendant, Brandon James Douden, who it is believed currently resides with the paternal grandparents at 518 West Main Street, Apartment #8, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Father is single. 9. The relationship of the Plaintiff, Kathleen Ann Snyder, to the child is that of the Natural Mother. Mother currently resides with the child. 10. The relationship of the Defendant, Brandon James Douden, to the child is that of the Natural P~tth~,r. Father currently resides with the paternal grandparents. 11. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation fights with respect to the child. 12. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Mother has been the primary caretaker of the child since birth; B. Father has never been regularly employed; C. Father has an anger management problem and has been verbally abusive with Mother in the child's presence; D. Father has an alcohol problem and has dfiiven with the child in his vehicle while intoxicated; E. Mother is able to provide the child with a safe, stable and loving environment. 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, KATFILEEN ANN SNYDER, requests this Honorable Court award her FULL LEGAL and PRIMARY PHYSICAL CUSTODY of the minor child, ZOE MARIE DOUDEN and the Defendant, BRANI)ON JAMES I)OUDEN, Supervised Visitation with the child, ZOE MARIE DOUDEN. Dated: ApriCotS)2004 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Candie~ Counsel for Plair~ PA I.D. # 64998 j 5021 East Trindle Road Suite 100 Mechanicsburg PA. 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred irt the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. KATHLLeI~N ,~1~[ SNYDER KATHLEEN ANN SNYDER PLA/NTIFF BRANDON JAMES DOUDEN : DEFENDANT : IN THE COURT OF COMMON PLEAs OF CUMBERLAND CO[YNTY, PENNSYLVANIA 04-1991 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesda , Ma 11, 2004 ~, upon consideration of the attached Complaint, it is hereby directed that part/es and their respective counsel appear before Dawn S. Su~, the conciliator, at 39 West Main Street, Mechaniesbur , PA 1705.____.~_5 on Wednesday, June 02, 2004 at 10:30 for a Pre-Hearing Custody Conference. At such conference, an cflbrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to dc/inc and narrow thc issues to be heard by thc court, and to enter into a temporary order. All children arc five or older may also be present at the conference. provide grounds for entry of a temporary or permanent order. Failure to a0oear at the conference may 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 hearinE. FOR THE COURT, By: /s/ Custody Conciliatur America~oT.h.~,,_C°,~.urt ~o .f,.Common Pleas of Cumberland Coun ,,~ w~tn o~san~t~tes Act of 1990. For info~-' .ty ~s requ~ed by law to complv with the ,,~-~at~on anout accessthle facilities and re~sonabl~ 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 ttELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JUN 1 6 2004 ]CATHLEEN ANN SNYDER Plaintiff VS. BRANDON JAMES DOUDEN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1991 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 2!%. day of ~ ~,-f)~ ., 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kathleen Ann Snyder, and the Father, Brandon James Douden, shall have shared legal custody of Zoo Made Douden, bom September 10, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child as arranged by agreement of the parties on an ongoing basis due to the parties' fluctuating work schedules. The parties agree that the goals of the custody arrangements shall be to maximize each parent's non-working time with the Child and to maintain as much stability as possible for the Child. The parties agree to establish two day blocks of custody for each party with the non-custodial parent having the right to provide care for the Child during the custodial parent's periods of unavailability. 3. The parties shall share having custody of the Child on holidays as follows: A. Christmas: In every year, the Mother shall have custody of the Child from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and the Father shall have custody from Christmas Day at 12:00 noon through December 26th at 12:00 noon. B. AltematingthHolidays: In even numbered years, the Father shall have custody of the Child on Easter, July 4 and Thanksgiving and the Mother shall have custody on Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Child on Easter, July 4th and Thanksgiving and the Father shall have custody on Memorial Day and Labor Day. The specific times for holiday periods of custody under this provision shall be arranged by agreement between the parties. C. Mother's Day/Father's Day: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day, with the specific times to be arranged by agreement. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have custody of the Child during each smnmer for two non- consecutive weeks upon providing at least 30 days advance notice to the other party. The party providing notice first under this provision shall be entitled to preference on his or her selection of vacation dates. 5. The parties shall share the responsibility for providing transportation for exchanges of custody. 6. Neither party shall consume alcohol during his or her periods of custody with the Child. Both parties shall ensure that third parties having contact with the Child refrain from consuming alcohol to excess. 7. The Father shall continue participating in the 29-week anger management program which he currently attends through completion. 8. Unless otherwise agreed, the parties shall limit all communications between themselves to issues specifically concerning the custody schedule or other issues concerning the Child. 9. 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 ~msure that third parties having contact with the Child comply with this provision. 10. The parties and their counsel shall attend an additional custody conciliation conference on Tuesday, December 7, 2004 at 10:30 a.m. in the office of the cortciliator, Dawn S. Sunday, for the purpose of reviewing the custody arrangements. 11. 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, Susan K. Candiello, Esquire - Counsel for Mothe Jay R. Braderman, Esquire - Counsel for Father Susan K. Candiello, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Jay R. Braderman, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 KATHLEEN ANN SNYDER Plaintiff VS. BRANDON JAMES DOUDEN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL,~dqD COUNTY, PENNSYLVANIA 04-1991 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMgRY 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 Zoe Made Douden DATE OF BIRTH September 10, 2003 CUlqffiENTLY IN CUSTODY OF Mother/Father 2. A Conciliation Conference was held on June 2, 212~04, with the following individuals in attendance: The Mother, Kathleen Ann Snyder, with her counsel[, Susan K. Candiello, Esquire, and the Father, Brandon James Douden, with his counsel, Jay R. Braderrnan, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator ~ JAN 1 2 2005 KATHLEEN ANN SNYDER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-1991 CIVIL ACTION LAW BRANDON JAMES DOUDEN Defendant IN CUSTODY ORDER AND NOW, this 10th day of Januarv.2005 ,the conciliator, having received no request from counsel for either party to reschedule the follow-up conciliation conference set for December 7,2004, hereby relinquishes jurisdiction. FOR THE COURT, D'~ Custody Conciliator I q. II~ l;~;.r>' L 2 : IUd ':j I t,~Vr SOOZ