Loading...
HomeMy WebLinkAbout09-6184CHRISTINE A. SPIDLE, Plaintiff V. JAMES L. BENSON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION : NO. 09- G 1 F Y CIVIL TERM COMPLAINT FOR CUSTODY 1. The Plaintiff is Christine A. Spidle, residing at 109 Willow View Drive, Carlisle, Pennsylvania 17013. 2. The Defendant is James L. Benson, Jr., residing at 624 Mill Race Court, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: NAME RESIDENCE DOB AGE Derek L. Benson 624 Mill Race Ct., Carlisle 5/7/99 10yrs4mths 4. The child was born out of wedlock. 5. The child is presently in the custody of Natural Father, Natural Mother and Paternal Grandmother. 6. During his life, the child has resided with the following persons and at the following addresses: NAME ADDRESS Mother, Father, Paternal Grandmother 655 Gutshall Rd., Boiling Spr Mother and Paternal Grandmother Mother and Father 655 Gutshall Rd., Boiling Spr DATES Birth until 05/01 05/01 until 07/04 109 Willow View Dr., Carlisle 07/04 until 09/07 Della K. Kreiser, Paternal Grandmother 655 Gutshall Rd., Boiling Spr. 09/07 until 08/09 7. The mother of the child is Christine A. Spidle, currently residing at 109 Willow View Drive, Carlisle, Pennsylvania 17013. She is married. 8. The father of the child is James L. Benson, Jr., currently residing at 624 Mill Race Court, Carlisle, Pennsylvania 17013. He is unmarried. 9. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Brenda J. Spidle, Brad A. Spidle, Dalaney M. Spidle. 10. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following persons: "Heather" , Father's current girlfriend. 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. 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. 14. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet exceptions regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion B. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant shared custody of the child to both Plaintiff and Defendant. Respectfully submitted, By: Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 Telephone: (717) 258-8558 Supreme Court ID No. 71786 VERIFICATION I verify that the statements made in the foregoing Custody 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 unsworn falsification to authorities. DATE: ristine . Spi , Petitioner FILED-OFFICE OF THE pR.oTl?0N00TAPY 2009 SEP i i PM 2: 56 t E-.NN!(,,'YLVNNA ?CL P.IIf ck,41 d-9 CHRISTINE A. SPIDLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-6184 CIVIL ACTION LAW JAMES L. BENSON, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 15, 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 Wednesday, October 21, 2009 at 3:00 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/ ohn .Man an r. 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 ©F THE 4'' N OTARY r 1'.j 2009 SEP 16 Pei 12: E 6 ({ C? i Yt ?F 9 ?' A CHRISTINE A. SPIDLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CUSTODYNISITATION JAMES L. BENSON, JR., Defendant : NO. 09-6184 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 18th day of September, 2009, I, Paul Bradford Orr, attorney'for Christine A. Spidle, Plaintiff, in the above-captioned action, hereby swear that I have served a true copy of the Custody Complaint, executed by the Plaintiff in the above- captioned matter, upon the Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. The original return receipt card signed by James Benson on September 16, 2009, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. Date, Ala 6°i LAW OFFICES OF PAUL BRADFORD ORR By: 'Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court I.D. #71786 4- ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the, back of the mailpiece, or on the front If space permits. 1. Article Addressed to: L. PuQv?icn , Je . lD ay RUU-1 act ccx-k? PA A. C. .. --em--5 Sny25-07-111 CIL1 E) D. Is delivery address dn"M from Item 1? ? vglf If YES, enter delivery address below: )SLtLo 3. Service Type Id Certified Mall ? Express Mail EX Registered CO Return Receipt for Merchandise ? insured mail ? C.O.D. 4. Restricted Deliver? (Extra Fee) Id Yes 2. Article Number 7008 3230 0002 8008 0748 (rransfer from servke strap PS Form 3811, February 2004 Domestic Rearm Recept - ---- --- - IMS95-02-M-154 EXHIBIT °A" 0 THE PP`,, `''H'?! (TrARY 2009 SEt 18 All : 5 t c?EV Y NOV z 0 2009 CHRISTINE A. SPIDLE, Plaintiff V. JAMES L. BENSON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-6184 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT d AND NOW this 3 day of November 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, James L. Benson, Jr., and the Mother, Christine Spidle, shall have shared legal custody of Derek L. Benson, born 05/07/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child 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: Father shall have primary physical custody of the Child subject to Mother's physical custody as follows: a. During the school year, Mother shall have physical custody of Derek on alternating weekends from Saturday 10:00 am until Sunday 8:00 pm. Mother shall pick up at 10:00 am and Father shall pick up at the 8:00 pm exchange at each other's residences. In addition, Mother shall have custody at least one evening per week from after school until 8:00 pm during Mother's day off of work (either on Monday or Thursday). b. During the summertime, Mother shall have physical custody on alternating weekends from Saturday 10:00 am until Monday 2:30 pm. In addition, Mother shall have physical custody every Monday, Wednesday and Friday from 10:00 am until 2:30 pm. Consideration shall be given to the Child's desires for Mother to also have Tuesday and Thursdays from 10:00 am until 2:30 pm. Mother shall pick the Child up at 10:00 am from Father's residence and Grandmother shall pick the Child up at 2:30 and care for the Child until Father gets off of work. C. Mother shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child 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 Child 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 Child 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 Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child'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 Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. 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. Distribution: Paul Orr, Esquire Elizabeth Beckley, Esquire John J. Mangan, Esquire 44 f_ !, / /1- a Y-o f J. 4- HOLIDAYS AND TIMES SPECIAL DAYS Easter Day 1' Half Shared Father Easter Da 2° Half Shared Mother Memorial Day alternated Mother Independence Day alternated Father Labor Day alternated Mother Halloween From one hour before trick or Mother treating to one hour after trick or treating Thanksgiving 1 st Shared Father Half Thanksgiving 2" Shared Mother half Christmas In odd years, Father gets Christmas Father Eve and Christmas Day. In even years, Mother gets Christmas Day and with 30 days notice that Mother has available PTO, Mother shall also have Christmas Eve New Year's alternated Mother Mother's Da Mother Father's Day Father ±; ;?_ ?;-, L`r; t? . CHRISTINE A. SPIDLE, IN THE COURT OF O? PLEAS OF Plaintiff CUMBERLAND C?T*WNNSYLVANIA V. No. 09-6184 CIVIL ACTION LAW JAMES L. BENSON, JR., IN CUSTODY Defendant 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 Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Derek L. Benson 5/07/1999 Primary Father 2. A Conciliation Conference was held with regard to this matter on October 20, 2009 with the following individuals in attendance: The Mother, Christine Spidle, with her counsel, Paul Orr, Esq. The Father, James Benson, Jr., with his counsel, Elizabeth Beckley, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. an, Esquire Custod C ciliator 2009 NUN 2 ? i 1: 2 0 CLItil