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HomeMy WebLinkAbout09-2007IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA MELINDA J. DUNCAN, Plaintiff, VS. DENNIS HECK, JR., Defendant, . Civil Action At Law---Custody Case No.44 -OkW «s?? l COMPLAINT FOR CUSTODY 1. The plaintiff is Melinda J. Duncan, residing at 507 3`d Street, West Fairview, 17025 in the County of Cumberland. Commonwealth of Pennsylvania. 2. The defendant is Dennis Heck Jr., who is residing at 324 2°d Street, West Fairview, 17025, County of Cumberland, Commonwealth of Pennsylvania. 3. Plaintiff seeks custody of the following children: _Name Address Age Antonio Heck same as mothers' dob 3/10/2001 8 years Shyanne Heck same as mothers' dob 2/15/2006 3 years 4. The children were born outside of wedlock. 5. The children are presently in the custody of Melinda J. Duncan, whose current residence is 324 2nd Street, West Fairview, 17025, County of Cumberland, Commonwealth of Pennsylvania. 6. For the last several two and one-half years the children have resided with the mother at the aforementioned address and with mother having Primary Physical Custody of the children for this period of time. 7. The biological mother of the children is Melinda J. Duncan, whose current address 507 3?d Street, West Fairview, 17025 in the County of Cumberland. Commonwealth of Pennsylvania. 8. The mother is separated from the father, plaintiff and remains unmarried to the same. 9. The father of the child is Dennis Heck, Jr. and is currently residing at 324 2"d Street, West Fairview, 17025, County of Cumberland, Commonwealth of Pennsylvania. 10. The father is separated but currently and remains unmarried to the mother. 11. The relationship of the plaintiff to the children is that of a biological Mother. The Plaintiff currently resides with the following persons: Name Relationship Antonio Heck same as mothers' Son Shyanne Heck same as mothers' Daughter 12. The plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the children in this or another court. 13. The plaintiff has no other information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 14. Plaintiff does not know of a person not a party to the proceedings who has Physical Custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by Granting the relief requested for the reasons as hereinafter recited: (a) The plaintiff mother, has been the primary caretaker and caregiver of the children and has provided the requisite level of love, support, attention, affection and nurturing and has done so by attending to their physical, psychological, and emotional needs for over 2 years. (b) The children currently reside and have resided with their mother for two and one- half years in a home where they feel a sense of comfort, permanency, and familiarity. (c) The Mother continues to reside in the home within which the children have become accustomed, familiar and comfortable the location of which is in an area where they have established a network of friends, both within and outside of their school. (d) The father, allegedly indulges in illicit substances to the extent that his son Antonio drew a picture of a pipe which represented what the child claimed he had seen at his father's residence and which is believed to be a pot pipe. (e) The father uses profanity in the presence of Antonio, and directs this profanity at his son as a form of discipline or to communicate his dissatisfaction with his son. (f) The father shot his son Antonio in the arm with a BB Gun, albeit in jest, however this is not setting an appropriate example for the child to model as it relates to safety issues pertaining to the use of what can be deemed a weapon. (g) The father lacks the physical accommodations to exercise custody of his children to the extent he resides with his girlfriend and her three children in a home that lacks a sufficient level of physical space. (h) Plaintiff, believes and therefore avers that she can provide a predictable and stable lifestyle for which, the children can once again become accustomed and which will be in the best interest of the child during his formative years and throughout his life. WHEREFORE, Plaintiff, Melinda J. Duncan, respectfully requests for the aforementioned reasons, that the court grant and award her primary physical custody of the children. DATED: GREGORY S. HAZLETT 7"t Main Street 7echanicsburg, PA. 17055 Phone: (717) 790-5500 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.C.S. & 4904 relating to unworn falsification to authorities Date:3-9,7-09 ' Melinda J. Duncan, laintiff $ zJ ra t:J P 'Ln L7 QI -G r MELINDA J. DUNCAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA. V. 2009-2007 CIVIL ACTION LAW DENNIS HECK, JR. IN CUSTODY DFFFNDANT ORDER OF COURT AND NOW, Friday, April 03, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 06, 200 __ at 2:00 PM 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/ Dawn S. Sunda 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 FUD-OFF OF THE PPOT'r!: NOTARY 209 APR -3 PM 12= 46 CUIA! UN"?Y PE NSYi.,,'A.-N LJ^ Lid' itta'g/w MAY 0 8 2009 G MELINDA J. DUNCAN Plaintiff VS. DENNIS HECK, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-2007 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2009, upon consideration of the attached Custody Conciliation Report, it ordered and directed as follows: 1. The Mother, Melinda Duncan, and the Father, Dennis Heck, Jr., shall have shared legal custody of Antonio Heck, born March 10, 2001, and Shyanne Heck, born February 5, 2006. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. From the date of the custody conciliation conference through the end of the 2008- 2009 school year, the Father shall have custody of the Children on alternating weekends from Friday at 4:00 p.m. through Sunday at 6:00 p.m. beginning on Friday, May 8, 2009. In addition, during weeks following the Father's weekend period of custody, the Father shall have custody of Shyanne from Tuesday at 4:00 p.m. through Wednesday at 9:00 a.m. and from Wednesday at 4:00 p.m. through Thursday at 9:00 a.m. During weeks following the Father's weekend periods of custody, the Father shall have custody of Antonio on Tuesdays and Wednesdays from 4:00 p.m. until 7:30 p.m. During weeks following the Mother's weekend periods of custody, the Father shall have custody of Shyanne from Monday at 4:00 p.m. through Tuesday at 9:00 a.m. and from Wednesday at 4:00 p.m. through Thursday at 9:00 a.m. The Father shall have custody of Antonio during the same weeks on Monday and Wednesday from 4:00 p.m. until 7:30 p.m. B. Beginning June 5, 2009 and continuing throughout the summer school break, the parties shall alternate having custody of the Children on a weekly basis with the exchange to take place every Friday. Unless otherwise agreed, the Mother shall have custody of the Children during the day from 9:00 a.m. until 4:00 p.m. during the Father's weeks of custody when the Father is working. During the Father's alternating weeks of custody during the summer, the Father shall transport Antonio to summer school and the Mother shall pick up the Child from summer school. C. At the beginning of the 2009-2010 school year, the parties shall resume using the custody schedule set forth in Section A of this provision. The parties shall follow the recommendations of Antonio's physician/therapists with regard to whether Antonio is able to handle staying overnights during the midweek periods of custody with the Father during the school year. D. In the event the Mother is unavailable to provide care for the Children during her weeks of custody and the Father is available and not working, the Father shall have custody of the Children during the Mother's period of unavailability. E. The Mother shall have custody of the Children at all times not otherwise specified for the Father in this provision. 3. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: In every year, the Father shall have custody of the Children from December 23 at 4:00 p.m. through December 24 at 8:00 p.m. and the Mother shall have custody from December 24 at 8:00 p.m. through December 26 at 4:00 p.m. B. Thanks ig ving: In every year, the Father shall have custody of the Children from after school on the Tuesday before Thanksgiving through Thanksgiving Day at 2:00 p.m. and the Mother shall have custody from Thanksgiving Day at 2:00 p.m. through Friday at 4:00 p.m. C. New Year's: The New Year's period of custody shall run from New Year's Eve at 4:00 p.m. through New Year's Day at 4:00 p.m. In odd-numbered years, the Father shall have custody of the Children for New Year's and in even-numbered years the Mother shall have custody for New Year's. For purposes of this provision, the entire New Year's holiday shall be deemed to fall within the same year as New Year's Eve. D. Easter: The parent who has custody of the Children under the regular custody schedule over the Easter weekend shall retain custody of the Children until Easter Sunday at 10:00 a.m. and the other parent shall have custody on Easter from 10:00 a.m. through the remainder of that party's regular period of custody. E. Memorial Day/Labor Day: In every year, the Father shall have custody of the Children for Memorial Day from the Sunday before the holiday at 6:00 p.m. through Memorial Day at 5:00 p.m. In every year, the Mother shall have custody of the Children for Labor Day from the Sunday before Labor Day at 6:00 p.m. through 5:00 p.m. on the holiday. F. Independence Day: The Independence Day holiday shall run from July 3rd at 7:00 p.m. until after the fireworks on July 4th. The Mother shall have custody of the Children for Independence Day in odd-numbered years and the Father shall have custody in even-numbered years. G. Mother's Day/Father's Dom: In every year, the Mother shall have custody of the Children for Mother's Day and the Father shall have custody for Father's Day from 10:00 a.m. until the end of that parent's regular period of custody. H. Halloween Trick or Treat: Each parent shall be entitled to have custody of the Children for Trick or Treat Night each year in a community of his or her preference as arranged by agreement. In the event both parties select the same community for Trick or Treat Night, the Mother shall have preference on her selection in even-numbered years and the Father shall have preference on his selection in odd-numbered years. The other parent may have a different night for Trick or Treat in another community. 1. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. J. In the event a party's period of holiday custody falls immediately preceding or following a regular period of custody, the period of holiday/regular custody shall run continuously without interruption. 4. Unless otherwise agreed between the parties, the Father shall make arrangements with Jamie Loper to facilitate the exchanges of custody between the parties. 5. The parties shall engage in a course of co-parenting counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Children. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. The parties shall select a counselor and contact the counselor's office by May 20, 2009 to schedule the initial appointments. 6. The provisions of this Order supersede and take precedence over the custody provisions of the Protective Order entered by this Court April 14, 2009. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. 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,E COURT, Edward E. Guido J. cc: Gregory S. Hazlett, Esquire - Counsel for Mother Dennis Heck, Jr. - Father; S = /:? 0 9 1?_ 1 :01 WV C8 HE AA x r. l ? MELINDA J. DUNCAN Plaintiff vs. DENNIS HECK, JR. Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-2007 CIVIL ACTION LAW IN CUSTODY 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Antonio Heck March 10, 2001 Mother Shyanne Heck February 5, 2006 Mother 2. A custody conciliation conference was held on May 6, 2009, with the following individuals in attendance: the Mother, Melinda Duncan, with her counsel, Gregory S. Hazlett, Esquire, and the Father, Dennis Heck, Jr., who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator