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HomeMy WebLinkAbout10-07622010 FEB v J ANGIE CARBAUGH, t IN COURT OF COMMON PLEAS OF Plaintiff _=-'CL*1B$RLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHAWN SNYDER and No. 2010 -71..2 CIVIL ASHLEY L. BAKER, : Defendants IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Angie Carbaugh, residing at 270 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant Shawn Snyder, residing at 46 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania. 17257. 3. The defendant Ashley L. Baker, currently in the Roxbury Rehabilitation Center, Pennsylvania. 4. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Damian Snyder 46 Walnut Dale Road 07/16/2008 19 months Shippensburg, PA 17257 Gabrielle Snyder 46 Walnut Dale Road 09/07/2009 4 months Shippensburg, PA 17257 The children were born out of wedlock The children are presently in the custody of Shawn Snyder, residing at 46 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania. 17257. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Shawn Snyder 46 Walnut Dale Road 2008-present Shippensburg, PA 17257 5. The mother of the children Ashley L. Baker, currently in the Roxbury Rehabilitation Center, Pennsylvania. -V •a0 mac a4 iw#6,qlq Dom. , -z'? nc<? She is not married. The father of the children Shawn Snyder, residing at 46 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania 17257. He is not married. 6. The relationship of plaintiff to the child is that of Maternal Grandmother. The plaintiff currently resides with the following persons. Name Jeffrey Baker Relationship Son 7. The relationship of defendant to the children is that of Father. Father currently resides with the following persons. Name Relationship Unknown The relationship of defendant to the children is that of Mother. Mother is in agreement with this petition. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who have physical custody of the children and claim to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief request because; A Court Order of custody and structured visitation is desired so that the Plaintiff and the children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children is not used in a manipulative fashion. Plaintiff desires to maintain a stable household for the children and a stable household is in the best interest of the children. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. Both parents have or are using illegal drugs and are currently not fit caregivers. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured visitation by the Defendants. Respectfully submitted, Rominger & Associates Date: 2 G lU Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff r 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. Cons. Stat. § 4904 relating to unworn falsification to authorities. Angie Carbaugh, Plaintiff ANGIE CARBAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-762 CIVIL ACTION LAW SHAWN SNYDER AND ASHLEY L. BAKER IN CUSTODY DFFFNDANT ORDER OF COURT AND NOW, Thursday, February 04, 2010 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, March 05, 2010 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/ Hubert X. Gilroy, Esq. 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 Efl-QFF)CE OF THE PRO74 OTARY 2010 FEB -4 PM I2., 34 COUNTY PENINSYL.vAN A IN THE COURT OF COMMON PLEAS OF TH LEPD- CUMBERLAND COUNTY, PENNSYLVANIA ANGIE CARBAUGH, Plaintiff V. SHAWN SNYDER and ASHLEY L. BAKER Defendants CIVIL ACTION - LAW No. 2010 - 762 Civil IN CUSTODY CUMB': .+ . ;., NTY P E wv'S Y L 1 lA ; ^A 1010 MAR -4 AM 9: 57 DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT FOR CUSTODY Defendant Shawn Snyder through his attorneys, the Family Law Clinic, files these Preliminary Objections pursuant to Pa.R.C.P. No. 1028 (a) (2) (3) (4) and (5) and in support thereof avers the following: 1. On February 1, 2010, Plaintiff Ashley Carbaugh (Maternal Grandmother) filed a Complaint for Custody which fails to conform to rule of Court. 2. PaR.C.P No. 1915.3 (e) requires that a grandparent seeking physical or legal custody of a grandchild pursuant to 23 Pa.C.S, Sec. 5313 (b) must plead facts establishing the elements of a cause of action under Sections 5313 (1) (2) and (3) 3. Plaintiff's Complaint for Custody neither specifies the section of the statute under which Plaintiff seeks primary physical custody of Damien and Gabrielle Snyder (the children) nor does it plead the facts necessary to establish elements of a cause of action under 23 Pa.C.S. Sec. 5313 (b). 4. For reasons set out in Paragraphs Two and Three above, Plaintiff's February 1, 2010 Complaint for Custody lacks sufficient specificity to bring a Cause of Action in Custody. 5. Because of the legal insufficiency of Plaintiff's Complaint and Plaintiff s failure to identify which statute provides authority for her pleading, Defendant Snyder is unable to answer the Complaint for Custody. 6. Plaintiff lacks standing and therefore lacks capacity to sue for custody of the children because as the maternal grandmother (1) she has not alleged that she has shown genuine care and concern for the children; (2) she has not alleged that her relationship began with the consent of a parent of the children; and (3) has not for 12 months assumed the role and responsibilities of the children's parent, providing for their physical, emotional and social needs, nor has she assumed the responsibility for children who have been determined to be dependent children pursuant to 42 Pa.C.S. Ch. 63. WHEREFORE, Defendant respectfully requests that the Court dismiss Plaintiff s Complaint for Custody and cancel the Pre-Hearing Custody Conference scheduled for March 5, 2010 at 8:30 a.m. 3/q 2010 Date Respectfully submitted, ? ??21 Daniel L. Puskar Certified Legal Intern Anne Mac nald-Fox Supervisi Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGIE CARBAUGH, CIVIL ACTION - LAW Plaintiff No. 2010 - 762 Civil V. SHAWN SNYDER and __._ C `?? ASHLEY L. BAKER -71 Defendants IN CUSTODY cr `: r PRAECIPE TO ENTER APPEARANCE -" -' -'' TO THE PROTHONOTARY: O ' Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Shawn Snyder, in the above-captioned matter. Date: February 26, 2010 L40-1 Daniel L. Puskar Certified Legal Intern Penn State Dickinson Family Law Clinic 45 North Pitt Street Carlisle, PA 17013-2899 _A4_A?W`7?. Anne onald Fo Supervising Attorney IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGIE CARBAUGH, Plaintiff V. CIVIL ACTION - LAW No. 2010 - 762 Civil SHAWN SNYDER and o ASHLEY L. BAKER -- C= -?, cs Z Defendants IN CUSTODY CERTIFICATE OF SERVICE _ I, Daniel L. Puskar , Certified Legal Intern, Family Law Clinic, hereby certifthaam ¢• serving on this date, March 4, 2010, a true and correct copy of the Defendant's Preliminary Objections to Plaintiffs Complaint for Custody, on counsel for Plaintiff, Karl Romminger, Esq., by depositing by facsimile and by a copy of the same in the United States mail, first class postage prepaid, return receipt requested, postage prepaid. Addressed as follows: Karl Romminger, Esq. 155 South Hanover Street Carlisle, PA 17013 Daniel L. Puskar Certified gal Intern r)64U s ztla Anne ac onald-Fox Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ANGIE CARBAUGH, Plaintiff V. SHAWN SNYDER and ASHLEY L. BAKER, Defendants The plaintiff is Angie Carbaugh, residing at 270 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania 17257. REVISED / AMENDED COMPLAINT FOR CUSTODY 1. 2 3. 4. 5 The defendant Shawn Snyder, residing at 46 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania 17257. The defendant Ashley L. Baker, currently in the Roxbury Rehabilitation Center, Pennsylvania. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLY4NIA, C Cdr ® l.J `n _U L a 3? - 7 CIVIL ACTION - LAW 50 M No. 2010 - 7` 2?- CIVIL 23' IN CUSTODY ? OD r Plaintiff seeks custody of the following children: Name Damian Snyder Present Residence 46 Walnut Dale Road Shippensburg, PA 17257 DOB Age 07/16/2008 19 months Gabrielle Snyder 46 Walnut Dale Road Shippensburg, PA 17257 The children were born out of wedlock 09/07/2009 4 months The children are presently in the custody of Shawn Snyder, residing at 46 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania 17257. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Shawn Snyder 46 Walnut Dale Road 2008-present Shippensburg, PA 17257 The mother of the children Ashley L. Baker, currently in the Roxbury Rehabilitation Center, Pennsylvania. She is not married. The father of the children Shawn Snyder, residing at 46 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania 17257. He is not married. 6. The relationship of plaintiff to the child is that of Maternal Grandmother. The plaintiff currently resides with the following persons. Name Jeffrey Baker Relationship Son 7. The relationship of defendant to the children is that of Father. Father currently resides with the following persons. Name Relationship Unknown The relationship of defendant to the children is that of Mother. Mother is in agreement with this petition. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who have physical custody of the children and claim to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief request because: A Court Order of custody and structured visitation is desired so that the Plaintiff and the children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children is not used in a manipulative fashion. Plaintiff desires to maintain a stable household for the children and a stable household is in the best interest of the children. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. Both parents have or are using illegal drugs and are currently not fit caregivers, 10. This is a grandparent action brought pursuant to 23 Pa C S Sec 5313 Grandmother has provided child care and acted in the place of a parent during the parent's incapacity due to drugs and other issue. The Mother is incapacitated in her role as a parent, and grandmother seeks to assert custody in her place. Father is not capable of providing a safe environment, conferring standing upon grandmother. Grandmother has automatic standing, and is the best caregiver, and primary custody in her is in the best interest of the child. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured visitation by the Defendants. Respectfully submitted, Rominger & Associates Date: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. z ? Z,; /, ? z?zz, " < - Angie Carbaugh, Plaintiff ANGIE CARBAUGH, Plaintiff V. SHAWN SNYDER and ASHLEY L. BAKER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2010 - CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Amended Custody Complaint upon the following via hand delivery addressed as follows: Ann MacDonald-Fox, Esquire 45 North Pitt Street Carlisle, PA 17013 Ashley L. Baker 270 Walnut Dale Road Shippensburg, Pennsylvania 17257 Date: ?-- - l C7 Respectfully submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff MAR (. 0Z010 ANGIE CARBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 7 vs. CIVIL ACTION - LAW SHAWN SNYDER and n " ASHLEY L. BAKER, NO 2010-762 Defendants . IN CUSTODY :.? ; I F:; m _._ rU COURT ORDER - - -i NOW, this ?-" day of March, 2010, upon consideration of the attache d Custod Conciliation Report, it is ordered and directed as follows: y The father, Shawn Snyder, shall enjoy legal and primary physical custody of Damian Snyder, born July 16, 2008, and Gabrielle Snyder, born September 7, 2009. 2. The mother, Ashley L. Baker, shall enjoy periods of temporary physical custody with the minor children at such times as the parties have been following pursuant to a Family Safety Plan implemented in this particular case with the parties and Cumberland County Child and Youth Services. During times Mother has custody of the minor children, Mother may bring the children to the maternal grandmother's, Angie Carbaugh, home for the maternal grandmother to also enjoy time with the children. 3. The Maternal Grandmother shall also enjoy visitation with the minor children on every Sunday from 9:00 a.m. until 5:00 p.m., with the Maternal Grandmother to handle transportation for exchange of custody. 4. There shall be no illegal drug use in the homes where the children are residing or present, and this provision applies to all parties and any other people involved with the minor children. 5. When the minor children are at the Maternal Grandmother's home, the Maternal Grandmother shall ensure that the children are not left unsupervised with their uncle, Jeff Baker, Jr. 6. This Order makes no determination with respect to legal standing of the Maternal Grandmother to assert either primary custody for the minor children or any type of specific visitation rights. The Order is based upon an agreement of the parties designed to eliminate the immediate need for further litigation of this case. In the event this case requires a further hearing by the Court, the Father reserves the right to raise at any time the legal standing of the Maternal Grandmother in connection with any claim for primary custody or any claim for temporary custody or visitation. At the same time, the Maternal Grandmother retains the right to come back to Court seeking a hearing and reasserting her initial claim for primary custody. BY THE COURT, cc: Ylificent M. Monfredo, Esquire ?Xz iel L. Puskar, Certified Legal Intern Ashley L. Baker 4 •w a d o3i ANGIE CARBAUGH, Plaintiff vs. SHAWN SNYDER and ASHLEY L. BAKER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-762 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: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Damian Snyder, born July 16, 2008 Gabrielle Snyder, born September 7, 2009 2. A Conciliation conference was held on March 5, 2010, with the following individuals in attendance: the maternal grandmother, Angie Carbaugh, who appeared with her counsel, Vincent M. Monfredo, Esquire, the father, Shawn Snyder, with his counsel Daniel L. Puskar of the Dickinson School-Penn State University Family Law Clinic, along with supervising attorney Anne MacDonald-Fox, and the mother, Ashley L. Baker, who appeared without counsel. 3. Based upon the recommendation of the Custody Conciliator, the parties agreed to the entry of an Order in the form as attached. Date: March 2010 Hubert X. Gilro , Esquire Custody Conc' iator