Loading...
HomeMy WebLinkAbout09-1780STEVEN E. TAYLOR, PLAINTIFF vs. JENNIFER HABLE, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO.O9-IM 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 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, 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 STEVEN E. TAYLOR, PLAINTIFF VS. JENNIFER HABLE, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO.OQ -1788 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, STEVEN E. TAYLOR, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan 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 (hereinafter sometimes referred to as "Father') is STEVEN E. TAYLOR, who currently resides at 4185 Mountain View Road, #113, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant (hereinafter sometimes referred to as "Mother") is JENNIFER HABLE, who currently resides at 1308 South Market Street, Apt. A, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks Shared Legal and Shared Physical Custody of the following child: N=w Present Residence Date of Birth JACKSON COOPER TAYLOR 1308 South Market Street January 4, 2007 Mechanicsburg, PA 4. The child was born out of wedlock. 5. Primary physical custody of the child is presently with the Defendant, who resides at 1308 South Market Street, Apt A Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. Since birth the child has resided with the following persons at the following addresses: PERSONS ADDRESS DATES Defendant Defendant Defendant Two different addresses Duncannon, PA Whelan Crossing Mechanicsburg, PA 1308 South Market Street Mechanicsburg, PA Birth to August, 2007 August, 2007 to July, 2008 July, 2008 to Present 7. The Father of the child is the Plaintiff, Steven E. Taylor, who currently resides at 4185 Mountain View Road, #113, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 8. The Mother of the child is the Defendant, Jennifer Hable, who currently resides at 1308 South Market Street, Apt A, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 9. The relationship of the Plaintiff, Steven E. Taylor, to the child is that of the Natural Father. Father resides at 4185 Mountain View Road, #113, Mechanicsburg, PA 17050. 10. The relationship of the Defendant, Jennifer Hable, to the child is that of the Natural Mother. Mother resides at 1308 South Market Street, Apt A, Mechanicsburg, PA 17055. 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 rights 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. Father has great love and concern for his son; B. Mother has since birth refused to allow Father to participate fully in his son's life. If Mother needed a babysitter, Mother allowed Father to see his son, otherwise, Father was not allowed by Mother to be involved in his son's life; C. Mother has three (3) sons from another Father, but does not have primary physical custody of those three sons; D. Mother has severe anger issues; E. The child's three (3) step-brothers are physically and verbally aggressive. They have difficulty playing with each other. Father is very concerned with the behaviors his son is learning from being in this environment; F. Father lives with his daughter, Madison, who is eight (8) years old. Father has primary physical custody of Madison; G. Father, Madison and Jackson enjoy a very positive relationship without the anger and drama in Mother's home; H. Father believes Mother loves the child and should have a relationship with the child. Father does not believe his son should spend significant amounts of time with his step- brothers. 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 a parry to this action. WHEREFORE, Plaintiff, STEVEN E. TAYLOR, requests this Honorable Court award the Plaintiff, STEVEN E. TAYLOR and the Defendant, JENIFER HABLE, SHARED LEGAL CUSTODY and SHARED PHYSICAL CUSTODY, of the parties' minor child, JACKSON COOPER TAYLOR Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: March tom'' 2009 Counsel for PI A PA I.D. # 64 8 4010 Gl Mechanicsburg P (717) 724-2278 VVEEItIFICt?TION The undersigned hereby verifies that the facts averred in 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 unworn falsification to authorities. DATED• 3' IS- © 1 STEVEN E. TAYLOR {* ,4 ni-n za_ -77 ,ki ?-? Lo rr? STEVEN E. TAYLOR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER HABLE DEFENDANT 2009-1780 CIVIL ACTION LAW • IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 25, 2009 , 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 Friday, May 01, 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: lsl Hubert X. GRro 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 77 o-w ?J 'fir 6Q? ?e £' ?'r;F") ?? :Z tvi :'Z NJVw 6931 STEVEN E. TAYLOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2009-1780 JENNIFER HABLE, Defendant : CIVIL ACTION - CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Jennifer Hable, in the above- referenced matter. Respe01 &11y s-b-3 ed, DATE: 1. 0 mane S. Baker, Esquire I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 RLED-OFFICE OF THE PRC)T 2,009 APR -3 FM 1: 31 way=.?? p???r z J14SY1..VAII`IA STEVEN E. TAYLOR, PLAINTIFF VS. JENNIFER HABLE, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2009-1780 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Father") is STEVEN E. TAYLOR, who currently resides at 4185 Mountain View Road, #113, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Defendant (hereinafter sometimes referred to as "Mother") is JENNIFER HABLE, who currently resides at 1308 South Market Street, Apt. A, Mechanicsburg, Cumberland County, Pennsylvania, 17055. JACKSON COOPER TAYLOR (hereinafter sometimes referred to as "Jackson"), born on January 4, 2007, is the subject of this Stipulation for Agreed Order of Custody. It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to have a meaningful ongoing relationship with both his natural Mother and natural Father, provided the child is in a safe environment. WHEREFORE, Plaintiff, STEVEN E. TAYLOR, and Defendant, JENNIFER HABLE, have entered into a mutual agreement regarding the custody of their child and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor child, JACKSON COOPER TAYLOR. 2. All decisions affecting their child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their child's best interest. 3. Mother and Father agree to keep the other informed of the progress of their child's education and social adjustments. Mother and Father agree to communicate with each other and not to use the child to avoid communication with the other parent. Mother and Father agree not to impair the other's right to shared legal or physical custody of their child. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their child. 4. While in the presence of their child, neither Mother nor Father shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their child should respect and love. 5. It shall be the obligation of each parent to make their child available to the other in accordance with the physical custody schedule and to encourage their child to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could 2 reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both parents' names shall be listed with the school their child attends as parents to be contacted in the event of an emergency, and to be notified regarding school events. Each party shall provide the other, promptly after receipt, with copies of report cards and notification of major school events 9. Neither Mother nor Father shall schedule activities or appointments for their child, which would require their attendance or participation at said activity or appointment during a time when their child is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. Mother and Father have agreed they will Share Physical Custody of their minor child, Jackson Cooper Taylor, in accordance with the following schedule: 3 A. The parties shall alternate weekends. Weekends shall begin on Friday morning at 8:00 a.m. through Monday morning at 8:00 am. Father shall have custody of Jackson beginning Monday mornings at 8:00 a.m. through Wednesday mornings at 8:00 a.m. Mother shall have physical custody of Jackson beginning Wednesday mornings at 8:00 a.m. through Friday mornings at 8:00 am; B. The parties shall alternate the following holidays, Father shall have the even numbered holidays and Mother the odd numbered holidays in the even numbered years. To alternate annually thereafter: 1) New Year's Eve and Day, (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Memorial Day; 3) Labor Day; 4) Independence Day; 5) Halloween. C. Easter: Mother and Father shall alternate and share the Easter holiday with Mother getting Schedule B in the even numbered years and schedule A in the odd numbered years. Father shall have Schedule B in the odd numbered years and schedule A in the even numbered years, to alternate annually thereafter. A. To begin Saturday before Easter at 7:00 p.m. through Easter Sunday at 1:00 p.m; B. To begin Easter Sunday at 1:00 p.m. through the Monday after Easter at 1:00 p.m. 4 D. Thanksgiving: Mother and Father shall share and alternate Thanksgiving with Mother getting Schedule B in the even numbered years and schedule A in the odd numbered years. Father shall have Schedule B in the odd numbered years and schedule A in the even numbered years, to alternate annually thereafter. A. To begin the Wednesday evening before Thanksgiving after school through Thanksgiving Day at 1:00 p.m. B. To begin Thanksgiving Day at 1:00 p.m. through the day after Thanksgiving at 1:00 p.m. E. Christmas: Mother and Father shall share and alternate Christmas with Mother getting Schedule A in the even numbered years and schedule B in the odd numbered years. Father shall have Schedule A in the odd numbered years and schedule B in the even numbered years, to alternate annually thereafter. A. To begin Christmas Eve at 9:00 a.m. through 5:00 p.m. and then Christmas Day at 2:00 p.m. through December 26a' at 2:00 p.m. B. To begin Christmas Eve at 5:00 p.m. through Christmas Day at 2:00 p.m. F. Father shall have Jackson on Father's Day and Mother shall have Jackson on Mother's Day. If this day does not fail on the parent's weekend their day shall begin at 8:00 a.m. through 8:00 p.m; 5 G. If the parent with custody of Jackson is not able to care for him for more than four (4) hours during their custodial period, that parent shall contact the other parent to offer them custody of Jackson before that parent obtains other child care for Jackson. H. Mother and Father shall each have the option of requesting one to two (1-2) consecutive weeks of vacation during the year with Jackson, providing a minimum of sixty (60) days' notice of the time requested is given to the other party. The parent taking Jackson on vacation shall provide other parent with a location(s) where Jackson will be and a telephone number to contact him; 1. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; J. All holidays, vacations, and specially designated times for visitation with Jackson shall supersede the regularly scheduled visitation. 11. The custodial parent shall allow liberal communication with the non-custodial parent, whether by telephone or email. 12. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with Jackson. 13. :During any period of custody or visitation, the parents shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The 6 parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 14. Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of Jackson. 15. The parent with physical custody of Jackson agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which Jackson has become involved. 16. Mother and Father agree to provide each other with current information regarding Jackson. Mother and Father also agree to have each other listed as an emergency contact with any adult and/or agency their child interacts with. 17. Mother and Father agree to share transportation equally, with the parent who is beginning their period of custody getting Jackson. Mother and Father must always transport Jackson in appropriate and safe child car seats. 18. Mother and Father agree to provide each other with written notice of their intent to relocate a minimum of ninety (90) days prior to their move. 19. If the parties disagree and/or are unable to reach a joint decision regarding Jackson, they agree to utilize either Counseling or Mediation to assist them to reach a resolution before resorting to seeking a resolution through the court system; 20. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. 7 A6Z?'?- STEVEN TAYLOR COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: MA On this, the day of 2009, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when STEVEN TAYLOR and JENNIFER HABLE, whose names are subscribed to the within Stipulation for Custody, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set d and official Seal. Public t401W u sm NokXY PUM CNIr TO CIS ? CornniNo? apN{ hlf1 X1.1010 Commission Expires: r TI. 2 I ? .j?4ww? rn.`,?'3R ymaaftio mMm" sov.., " OVA" m*wmmo on.ffk MAY ' 9 2009 STEVEN E. TAYLOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JENNIFER I ABLE, NO. 2009-1780 Defendant IN CUSTODY ORDER AN NOW, this j day of May, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Esquire Custody Conciliator THE FILED-t iU' 2009 MAY 21 FH G= 16 :s .,'. _ cc f . / . hA 1 .4 U LUU$ STEVEN E. TAYLOR, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. 2009-1780 CIVIL TERM JENNIFER HABLE, : CIVIL ACTION -LAW DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, this '2. k day of 2009, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, STEVEN E. TAYLOR, and Defendant, JENNIFER HABLE, shall SHARE LEGAL and PHYSICAL CUSTODY of their minor child, JACKSON COOPER TAYLOR, in accordance with the language contained in the within Stipulation. i CD -_` C\t rn ` ., 0 ;1 STEVEN E. TAYLOR, Plaintiff V. JENNIFER HABLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1780 CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, Jennifer A. Hable, in the above-referenced matter. Respectfully sub itted, DATE: S -Zvo (-.Wan. Baker, Esquire I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 „? ',, __ ,?,ji . ? ? ? , ' "S. STEVEN E. TAYLOR, Plaintiff V. JENNIFER HABLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1780 CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance Pro Se in the above-referenced matter. Respectfully submitted, DATE: 5/z) /O NNIFE H 1308 South Market Street Apartment A Mechanicsburg, PA 17055 (717) 712-2171 e? ay 7 1E 27 f'' I : ?a _.'vl f