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HomeMy WebLinkAbout09-4850Andrew C. Sheely, Esquire 127 S. Market Street P.O. Sox 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) AMBER L. DANIEL, Plaintiff VS. KYLE R. DANIEL, Defendant I THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW I CUSTODY 1. Plaintiff is AMBER L. DAN; currently resides at 53 Winchester Middleton Township, Cumberland Cou: 2. Defendant is KYLE R. DANI] currently resides at 52 F Street, i Cumberland County, Pennsylvania. 3. The parties are the pares namely, Mackenzie L. Daniel, born ] Daniel, born April 29, 2008. The i 4. The children are present. 53 Winchester Gardens, Carlisle, Ni Cumberland County, Pennsylvania. During the past five years, t] following persons at the following EL, an adult individual who Gardens, Carlisle, North .ty, Pennsylvania. L, an adult individual who arlisle, Borough of Carlisle, .ts of two minor children, ay 30, 2006, and Ayden B. hildren were born in wedlock. y in the custody of Plaintiff at rth Middleton Township, e children have resided with the addresses: Residence Grandparents/Parents Mother 1062 Rebecca Street Carlisle, PA 17013 403 C Street Carlisle, PA 17013 Mother 5. The natural father of the currently residing at 52 F Street, Pennsylvania. He is divorced from 6. The natural mother of the currently residing at 53 Wincheste: County, Pennsylvania. She is divori 7. The relationship of the of natural mother. The Plaintiff following persons: Names Mackenzie L. Daniel Ayden B. Daniel 8. The relationship of the 1 of natural father. The defendant following persons: Names 53 Winche ter Gardens Carlisle, PA 17013 Dates 2006 - 2008 2008 - 2009 2009 - Present children is Kyle R. Daniel, Carlisle, Cumberland County, the Plaintiff. children is Amber L. Daniel, Gardens, Carlisle, Cumberland' ed from the Defendant. laintiff to the children is that urrently resides with the Relationship Daughter (DOB 5/30/06) Son (DOB 4/29/08) efendant to the child is that urrently resides with the Relationship Tonya Miller Girlfriend 2 9. Plaintiff has not participated as a party or witness, or in another capacity, in other 1 tigation concerning the custody of the children in this or another court. 10. Plaintiff has no informa4ion of a custody proceeding concerning the children pending in a court of the Commonwealth or any other State. 11. Plaintiff does not know f 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. 12. The best interest and pe anent welfare of the children will be served by granting Plaintiff and Defendant shared legal custody and granting Plaintiff primary physical custody. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of th children has been named as parties to this action. All other persons, named below, who are custody or visitation of the chi to have or claim a right to will be given notice of the pendency of the action and the right to intervene: None 14. Defendant has repeatedly gisparaged Plaintiff's reputati in the presence of the minor children. 15. Defendant has been charge with driving under the influence of alcohol and Plaintiff believes that Defendant's driving privileges have been suspe?ded. 3 16. A current custody order io necessary to address holiday schedules, vacations and other ant events for the benefit of the minor children. 17. Plaintiff has provided a Otable, healthy and supportive environment for the benefit of the minor children since the parties' separation. 18. Defendant has been unable to maintain a stable and consistent home environment. 19. Defendant has not been a maintains a lifestyle which is not onsistent parent and Defendant in the best interest of the minor children. WHEREFORE, Plaintiff sts your Honorable Court to grant both parties shared legal custody and to grant Plaintiff primary physical custody of the ch?ldren with conditions for Defendant's physical custody which address the issues raised herein. Date: July 20 , 2009 Respectfully submitted, WXWd f Andrew C. Sheely, Esquire Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 4 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. . Section 4904, relating to unsworn falsification to authoriti s. Date: Jae ??? , , 2009 ( 4M i?? LeA - Amner L. Daniel Q ice.L'p ?r! T IM, JUL 2 J An g; 4 5 p? atu sa CA,, 3 ;? a find ? AMBER L. DANIEL W THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-4850 CIVIL ACTION LAW KYLE R. DANIEL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, Jul 28, 2009 _ upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 03, 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/ John„t Man a?? n, Jr. Es Y-- 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 r r r,ay F ?H - "2 °n 4 2909 JU' 29 F 1 2' y: ' ,gy AUlom' LILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 AMBER L. DANIEL, Plaintiff V. KYLE R. DANIEL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2009-4850 CIVIL TERM CIVIL ACTION -LAW Defendant : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Kyle R. Daniel, in the above-captioned matter. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: 0b LID- CA) - Kara W. Haggerty, 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID #86914 CERTIFICATE OF SERVICE AND NOW, this 1LI?Uday of August, 2009, I, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true! and correct copy of the foregoing Entry of Appearance by First Class U.S. Mail addressed to the following: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 FI L- r i= ,rTy SEP 0 3 2009 U AMBER L. DANIEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-4850 CIVIL ACTION LAW KYLE R. DANIEL, IN CUSTODY Defendant ORDER OF COURT AND NOW this _ day of September 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Kyle R. Daniel, and the Mother, Amber L. Daniel, shall have shared legal custody of Mackenzie L. Daniel, born 05/30/2006 and Ayden B. Daniel, born 04/29/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother and Father shall arrange physical custody of the Children on a repeating two week schedule as follows: a. In week one, commencing 09/07/2009, Father shall have physical custody of the Children Monday through Thursday. Father shall pick the Children up from the day care provider at 12:00 pm Monday and Father, or his representative, shall drop the Children off at Mother's residence Thursday at 5:00 pm. (It is understood that 9/7/09 is Labor Day and Mother shall drop the Children off at Father's residence at 9:00 am for this holiday). b. In week two, commencing 09/13/09, Father shall have physical custody of Children Sunday through Wednesday. Mother shall pick the Children up from Father's residence at 5:00 pm on Sunday and paternal grandmother, or some other appropriate person, shall drop the Children off at Mother's at 5:00 pm Wednesday or in the alternative, Mother shall pick the Children up from the care provider after she gets off of work Wednesday. C. Mother shall have physical custody during all other times absent mutual agreement. d. The parties may alter said custodial periods by mutual agreement. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 5. Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. A status conference with the assigned conciliator is hereby scheduled for December 01, 2009 at 9:00 am at the Court of Common Pleas. In the event the conference is not necessary by mutual agreement, the parties may contact the assigned conciliator to cancel the conference. 11. This Order is entered pursuant to 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. D' tribution: drew Sheely, Esquire a Haggerty, Esquire /John J. Mangan, Esquire eorE.s W14 /ey By the Court, i J. Regular Physical Custody Schedule Monday Tuesday Wednesday Thursday Friday Saturday Sunday M D D D D M M M M D D D D M M M M M HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1st Half From 9 am until 3 m Father Mother Easter Day 2° Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1st Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1st Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1st (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 m Mother Mother FheDay From 9 am until 9 pm Father Father AMBER L. DANIEL, Plaintiff V. KYLE R. DANIEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-4850 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Mackenzie L. Daniel 05/30/2006 Mother and Father Ayden B. Daniel 04/29/2008 Mother and Father 2. A Conciliation Conference was held with regard to this matter on September 3, 2009 with the following individuals in attendance: The Mother, Amber L. Daniel, with her counsel, Andrew Sheely, Esq. The Father, Kyle R. Daniel, with his counsel, Kara Haggerty, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. an n, Esquire Custo C nciliator FILED-OrFa OF THE P^0111K)"111OTARY 2009 S£P -4 PM 2: 33 Ii< 1 %-,( v i Y CUME6 PENhu IVANIA