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HomeMy WebLinkAbout09-64191 . ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA TERRY L. HEFFLEFINGER Plaintiff V. JESSICA L. HEFFELFINGER Defendant No. DCI- 6 ? / ? e- IN-7 Civil Action- Complaint for Child Custody COMPLAINT FOR CUSTODY 1. Plaintiff is Terry L. Heffelfinger, an adult individual, sui juris, residing at 129 Fish Hatchery Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Jessica L. Heffelfinger, an adult individual, sui juris, with a current mailing address of 58 North 17`x' Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. Plaintiff seeks custody of the following children: Name Address Terry L. Heffelfinger, Jr. 58 North 17th Street Harrisburg, PA 17103 Zander Loy Age 4 y/o (DOB: 9-21-05) 5 y/o (DOB: 1-14-04) same as above 4. The children were born out of wedlock. 5. Since August 1, 2009 the children hav been in the primary physical custody of Defendant. 6. During the last five years the children haves resided with the following persons and at the following addresses: Name Wilmer Heffelfinger Chloe Heffelfinger Terry D. Heffelfinger Terry L. Heffelfinger Jessica L. Heffelfinger Address 129 Fish Hatchery Road Newville, PA 17241 Date 2004 through 8-1-09 present 7. Plaintiff currently resides with the following persons: Name All individuals listed in paragraph 6. 8. Defendant currently resides with the following persons: Name Reann Loy Dawn Loy Nieces and Nephews Relationship Sister Mother 5 other people in household 8. Plaintiff, is represented by Lee E. Oesterling, Esquire in regard to this matter. 9. Defendant, may be represented in this matter, however, at this time specific counsel is not known in regard to this matter. 10. Plaintiff has no information of another custody proceeding concerning the children pending in a Court of this Commonwealth. 11. 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. 12. The best interest and permanent welfare of the children will be served by granting the relief requested because: 13. Plaintiff has been a responsible custodian and caregiver of the children 14. Plaintiff has maintained a relationship with the children that has provided for the . children's physical, intellectual, emotional and spiritual well being. 15. Plaintiff believes that the children need to reside in the home that has historically been their residence and that Mother's surreptitious departure has been harmful to the children and therefore not in their best interest. 16. Each parent whose parental rights to the children have not been terminated and the Person who has physical custody of the children have been named as parties to this action. All other persons, named who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE 17. A copy of this Complaint has been served on Defendant by certified and first class Mail. WHEREFORE, Plaintiff respectfully requests the court grant him custody of the children. Respectfully Submitted, .TES JW E. Oesterl uire Supreme Court ID # 71320 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Attorney for Plaintiff VERIFICATION I verify that information presented to me by the Plaintiff, 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 unsworn falsification to authorities. Date: ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA TERRY L. HEFFLEFINGER Plaintiff No. V. Civil Action- Complaint for JESSICA L. HEFFELFINGER Child Custody Defendant ; t LKT1FICATE OF SERVICE BY CERTIFIED AND FIRST CLASS MAID Lee E. Oesterling, Esquire, attorney for Plaintiff in the above-captioned Divorce, deposes and says that he mailed a copy of the Custody Complaint and Order to Attend Custody Conference filed in this matter by certified mail, restricted delivery, and first class mail to the Defendant, Jessica L. Heffelfinger 58 North 17d' Street, Harrisburg, PA 17103 on SeptemberA, 2009. 2f 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Attorney for Plaintiff ? -ft i SEP 1211 21 "/-- t4`?-ig1 /zw X310 5.-I t.. '41 n?- TERRY L. HEFFLEFINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA L. HEFFLEFINGER DEFENDANT 2009-6419 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ __ Friday, October 02, 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 Coun Courthouse Carlisle on Thursday, October 29, 2009 at 9:30 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/ Hubert X. GRro Es q. 11 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 FILED-OFFICE OF THE P?CTHn.,NOTARY 2009 OCT -2 PM 3. 11 PENNSYLVAI A 14 NOV 0 t 200yG TERRY L. HEFFLEFINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JESSICA L. HEFFLEFINGER, NO. 2009-6419 Defendant IN CUSTODY COURT ORDER AND NOW, this 13-bk day of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the 1r? day of , 2009 at C M6 ct.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORARY Custody Order is entered: A. The father, Terry L. Hefflefinger, and the mother, Jessica L. Hefflefinger, shall enjoy shared legal and shared physical custody of Terry L. Hefflefinger, Jr., born September 21, 2005. B. Physical custody shall be handled as follows: i. The father shall have physical custody on every weekend from Friday at 2:00 p.m. until Monday at noon. i ii. Mother shall have physical custody from Monday at noon until Friday at 2:00 p.m. 3. For exchange of custody, mother shall deliver the child to father's home on Friday and father shall make arrangements to have the child delivered to the mother's home on Monday. 4. The parties may modify or change the above schedule if they reach an agreement. Absent an agreement, the above schedule shall control. 5. The parties shall work with their attorneys to arrange a shared custody arrangement on the upcoming Thanksgiving and Christmas Holidays. If the parties are unable to work out an arrangement, legal counsel for the parties may contact the Conciliator directly to have a conference call with the Conciliator after which the Conciliator may recommend a further Order to this Court to address the holiday visitation schedule. 6. If legal counsel for the parties determines that another Custody Conciliation Conference may aid in resolving the case prior to the hearing scheduled above, legal counsel for the parties may contact the Custody Conciliator directly to schedule such a conference. 7. Neither party shall be under the influence of alcohol or illegal drugs while they have custody of the minor child. cc: Lie E. Osterling, Esquire /Nick . Matash, Esquire 126P tIES mlat Ll ll?t 3/D? 4 TERRY L. HEFFLEFINGER, Plaintiff vs. JESSICA L. HEFFLEFINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-6419 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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: Terry L. Hefflefinger, Jr., born September 21, 2005. 2. A Conciliation Conference was held on October 29, 2009, with the following individuals in attendance: The father, Terry L. Hefflefinger, who appeared with his counsel, Lee E. Osterling, Esquire, and the mother, Jessica L. Hefflefinger, with her counsel, Nick M. Matash, Esquire. 3. The parties were living together until August of this year when mother relocated to a home in Harrisburg. Father is seeking primary custody of the minor child and mother is also seeking primary custody. The parties are unable to agree and a hearing is required. Based upon the work schedules of the parties and some prior history on the case, the Conciliator recommends a shared physical custody arrangement pending the hearing with father having the child over the weekends when he is off work because mother is not working during the week and has custody at that time. 4. The Conciliator recommends an Order in the form as attached. Date: 11 - 2 '2009 6??4p Hubert X. G• oy, Esquire Custody Conciliator r i. -,y 1u 9!°;]'i 13 1",1i!i• 4 OESTERLING & ARMBRUSTER 42 East Main Street, PO Box 331 Mechanicsburg, PA 17055 (717) 620-8434 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY L. HEFFLEFINGER Plaintiff No. 2009- 6419 V. Civil Action- Praecipe to Settle and Discontinue Child Custody Action JESSICA L. HEFFLEFINGER Defendant PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case as settled and discontinued. Please note that opposing counsel concurs with this request. Respectfull Zee E. Oes wireSupreme Court I.D. #71320 42 East Main Street, PO Box 331 Mechanicsburg, PA. 17055 O?} THE PC"Ik IRK-; ," i•.) (?'? OF i tl? i r . ??'r'Z.,f 2QD9 NOY 25 Pry 1: 58