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HomeMy WebLinkAbout10-1123FiLED-401- Thomas J. Williams, Esquire THE Jennifer L. Spears, Esquire - MARTSON DEARDORFF WILLIAMS OTTO GILROY & FA ZAWEB I ' MARTSON LAW OFFICES I.D. Nos. 17512 and 87445 C?.f_? TV l r 141 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff THOMAS W. RIDER, Plaintiff V.. STEPHANIE M. RIDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- I l 3 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff, Thomas W. Rider, is an adult individual currently residing at 112 Mountain Lane, Enola, Cumberland County, Pennsylvania. 2. Defendant is Stephanie M. Rider, is an adult individual currently residing at 3140 Grandview Drive, York Haven, York County, Pennsylvania. 3. Plaintiff seeks custody of the children, Elyzabeth M. Rider, who was born on June 28, 2001, and Annabelle M. Rider, who was born on March 17, 2006. The children were born in wedlock. 4. Since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: Time Period Persons 2001-June 2007 Plaintiff and Defendant June 2007 - 2008 Defendant June 2007-September 2008 Plaintiff September 2008- Present Plaintiff and Plaintiff's wife Location 17 Keystone Drive, Mechanicsburg, PA Bent Creek Townhouse Mechanicsburg, PA 19 Keystone Drive Mechanicsburg, PA 112 Mountain Lane Enola, PA i 71.6 b ", 2008 - Present Defendant and Defendant's boyfriend 3140 Grandview Drive York Haven, PA 5. The relationship of the Plaintiff to the child is that of Father. He is married and living separately. The Plaintiff currently resides with the following: Name Relationship Stephanie L. Rider Wife Elyzabeth M. Rider Daughter Annabelle M. Rider Daughter 6. The relationship of the Defendant to the child is that of Mother. She is single and living separately. The Defendant currently resides with the following: Name Relationship Craig Diehl Boyfriend Elyzabeth M. Rider Daughter Annabelle M. Rider Daughter 7. The parties have not participated in previous litigation concerning the custody of the children in this court or any court. 8. The Plaintiff has no information of a custody proceeding concerning the children pending in any other court. 9. The best interest and permanent welfare of the child will be served by granting primary physical custody of the children with Plaintiff. 10. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests primary custody. MARTSON LAW OFFICES Date: February I ? , 2009 By , v i Thom illiams, Esquire Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Thomas W. Rider ORICIfiA~ Praecipe to Enter Appearance Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff C~comcast.net Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS W. RIDER, ~ Plaintiff N0. 2010-1123 CIVIL TERM_;~a` N ~~ a -,~ e ~~ _' :-~ i i~ ~~' n V. CIVIL ACTION -LAW STEPHANIE M. RIDER, IN CUSTODY _: ;, :-, Defendant --- PRAECIPE TO ENTER APPEARANCE OF LEGAL COUNSEL To the Prothonotary: .,: c_n c~ :; c_; -- -~-. ..~_: -; J ~-{-, ..~ Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Stephanie M. Rider. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 CLIFF, ESQUIRE Date: February 24, 2010 1 Praecipe to Enter Appearance Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff C~comcast.net Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Jennifer L. Spears, Esquire Martson Law Office 10 East Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) ~ E G. RA CLIFF, ESQUIRE ~~ ( ne istration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffC~comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant, Stephanie M. Rider Dated: February 25, 2010 THOMAS W. RIDER IN THE COURT OF COMMON PLEAS OF PLAWTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2010-1123 CIVIL ACTION LAW STEPHANIE M. RIDER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _______Friday, February 19, 2010 upon consideration of the attached Complaint, ----~ it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 23, 2010 _ _....... _.__. _ at 30 _AM _ _..__._ for aPre-Hcarin~ Custody Conference. At such conference, an effort will he 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 Prounds 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/ ac ueline M. Verne Es . Custody Conciliator "I'he 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, C;O TO OR TELEPHONE THE OFFICE SE"T FORTH BELOW TO FIND OUT Wl-IERE YOU CAN GE"i' LE(;AL HELP. Cumberland County Bar Association 3? South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r~ILt.~V ~J ~~IVI~ 201D FFB 20 ~3 ~ iB~ 37 .~ ~~ ,h q~:_ , _ ._ _,+~ti r Ji•,.~ ~ ~' ~ t r'~ I \' ri,~. ...~..~ ~~ ~,° THOMAS W. RIDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA r. • 2010-1123 CIVIL ACTION LAW ' STEPHANIE M. RIDER £..l IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, June 22, 2012 , upon consideration of the attached Compl aint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 25, 2012 at 10:30 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/ ac uc ne M. Verne 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. G/.2-1/ 1-2- Cumberland County Bar Association -5 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 V)t?l U THOMAS W. RIDER, Plaintiff V. STEPHANIE M. RIDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-1123 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of 4X 157A-.// , 2012, upon consideration of the attached Custody Conciliatio ' eport, it is ordered and directed as follows: 1. The prior Order of Court dated April 27, 2010 is hereby vacated. 2. LEGAL CUSTODY: The Father, Thomas W. Rider and the Mother, Stephanie M. Rider, shall have shared, joint legal custody of Elyzabeth M. Rider, born June 28, 2001 and Annabelle M. Rider, born March 17, 2006. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of the children, including educational, medical and religious decisions. Both parents shall be entitled to equal' access to the children's school, medical, dental and other important records. As soon as practical after the receipt by a parent, copies of the children's school schedules, special events notifications, report cards, and similar items shall be provided to the other parent. Each shall notify the other parent of any medical, dental, optical and other appointments of the children with health care providers. A parent shall provide complete information from both parents whenever an emergency or contact information is requested by form, or otherwise, by any school, daycare provider or treating professional. Despite this Order, if any service provider or professional still requires a release of a parent to access the children's educational, religious or medical information, both parents shall execute a release within ten (10) days of any written request by a parent or his or her counsel. Notwithstanding that both parents share legal custody, non-major decisions involving the children's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 3. PHYSICAL CUSTODY: The parents shall have joint and equal custody of the children in accordance with the following alternating two (2) week schedule: A. Week 1 1. Mother from after school or if no school 3:30 p.m. on Monday until after school or if no school until 3:30 p.m. on Tuesday. 2. Father from after school or if no school 3:30 p.m. on Tuesday until after school or if no school 3:30 on Wednesday. 3. Mother from after school or if no school 3:30 p.m. on Wednesday until after school or if no school 3:30 p.m. on Thursday. 4. Father from after school or if no school 3:30 p.m. on Thursday until after school or if no school 3:30 p.m. on Friday. 5. Mother from after school or if no school 3:30 p.m. on Friday to Sunday at 11:00 a.m. 6. Father from Sunday at 11:00 a.m. to Monday after school or if no school 3:30 p.m. B. Week 2 1. Mother from after school or if no school 3:30 p.m. on Monday until after school or if no school until 3:30 p.m. on Tuesday. 2. Father from after school or if no school 3:30 p.m. on Tuesday until after school or if no school 3:30 on Wednesday. 3. Mother from after school or if no school 3:30 p.m. on Wednesday until after school or if no school 3:30 p.m. on Thursday. 4. Father from after school or if no school 3:30 p.m. on Thursday until after school or if no school 3:30 p.m. on Friday. 5. Mother from after school or if no school 3:30 p.m. on Friday to Saturday at 5:00 p.m. 6. Father from Saturday at 5:00 p.m. to Monday after school or if no school 3:30 p.m. 4. VACATION TIME: Each party shall be entitled to fourteen (14) vacation days during the year, with none to be taken for more than ten (10) consecutive days, not to include the other parties' holiday absent mutual agreement. Parents shall provide 30 days prior notice of exercising any vacation day. HOLIDAYS: Physical custody for major holidays and special days shall be in accordance with the attached schedule, which schedule shall take precedence over any other custodial period set forth herein. b. CHILDREN'S BIRTHDAYS: If either of the children's birthdays falls on a weekend, then the non-custodial parent shall be provided with a block of three (3) hours as agreed by the parties on that birthday. Additionally neither parent shall take a vacation during the summer which would include Elizabeth's birthday without consent of the other parent. 7. EXCHANGES AND TRANSPORTATION: For all weekday exchanges when the children are in daycare or at school, the party receiving the children shall pick up the children at their daycare provider/school. For all other exchanges, the transportation necessary for the custodial exchanges shall be shared by the parents and shall be made at the Target in Mechanicsburg, Pennsylvania. If for any reason that the exchange point shall no longer be convenient, the parents shall select a different exchange point convenient to both of them, consent to which shall not be unreasonable withheld. During periods of transportation, both parents shall ensure that seat belts and proper protection are used when transporting the children. 8. EXTRACURRICULAR ACTIVITIES: Each parent shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parents shall agree to honor and participate in the activities that the children wish to engage in. During the times that the parents have custody of the children, they will make certain that the children attend any extracurricular activities. The parents are directed to be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled in such time so that the children are able to participate in those events. Neither parent, however, shall commit the children to any activity unless the children definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon the children maintaining passing grades in school. Neither parent shall commit the children to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the children are involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the children to that activity. However, the custodial parent shall not be required to take the children to that activity if the custodial parent and the children are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the children to the particular activity either directly or by one of the designated persons in Paragraph 18 aforesaid, the parent who has custody of the children at that time shall notify the non- custodial parent, who shall be entitled to pick up and deliver the children to the designated activity. The custodial parent shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. 9. TELEPHONE CALLS: Both parents are expected to use common sense in scheduling telephone calls to talk to the children. Both parents are hereby directed to refrain from preventing the parent who may be calling from talking to the children, or preventing the children from calling the other parent, provided that the phone calls are not excessively frequent or too long in duration that they disrupt the children's schedule. Both parents are hereby directed to refrain from unreasonably interfering with the children's right to privacy during such telephone conversation, nor shall listen to that conversation on an extension telephone. Each parent shall see that the children call the other parent upon receipt of any phone message requesting such a return call. 10. MUTUAL CONSULTATION: Each parent agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and the custody situation. Each parent shall supply the name, address and phone number of any persons in whose care the children will be in for a period in excess of twenty-four (24) hours, and for each person or entity which may provide daycare for the children, excluding the current daycare providers, relatives, or public school institutions. 11. ILLNESS OF CHILDREN: Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the children, or either of them, at any time, any parent then having custody of the children shall immediately communicate with the other parent by telephone or any other means practical, informing the other parent of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. 12. WELFARE OF CHILDREN TO BE CONSIDERED: The welfare and convenience of the children shall be the prime consideration of the parents in any application of the provisions of this order. Both parents are directed to listenlcaref illy and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 13. NO DEROGATORY COMMENTS: Neither parent will undertake, nor permit by any other person, the poisoning of the children's minds against the other parent or his or her spouse or significant other, by conversation, or otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other parent or extended family members. Neither parent shall attempt, nor condone any attempt, directly or indirectly, to estrange the children from the other parent, or his or her spouse or significant other. At all times each parent shall encourage and foster in the children a sincere respect and affection for the other parent and his or her spouse or significant other. 14. NO DISCUSSION: Neither parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the children. Neither parent shall discuss any pending legal action involving the parents with the children. Neither parent shall utilize the children for purposes of conveying information or inquiries pertaining to the children and/or any pending legal action to the other parent. 15. UNAVAILABILITY: In the event either parent is unavailable to exercise his or her custodial periods for a period in excess of eight (8) hours, that parent shall notify the other parent of the period of unavailability, and the other parent shall be provided with the opportunity to have custody for the period of unavailability before the child or children may be put into the care of a third party. This provision does not apply to sleepovers at children's friends' houses or time with grandparents not to exceed twenty-four (24) hours. 16. TEMPORARY ABSENCE: When the children (or either of them) will be staying away from the then custodial parent's residence for a period in excess of twenty-four (24) hours, that parent shall provide the other parent with advance notice of the address of the locations where the child' or children will be staying and a phone number where the children may be reached during the period of absence. 17. RELOCATION: No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 18. MISCELLANEOUS: (A) Unless the parents consent and agree otherwise, only the following persons shall be permitted to pick up the children at school, daycare or custody exchanges when a parent is not available: (1) For Mother: (a) Craig Diehl (b) Michelle Olson Coyne (c) Tina Smith (2) For Father: (a) Stephanie L. Rider (b) Susan Rider (B) The parents will not permit the children to bath or shower with the parents' respective spouses, significant others, family members, or the family members of their respective spouses or significant others. (C) The parents will not permit the children to be physically disciplined by the parents' respective spouses, significant others, family members, or the family members of their respective spouses or significant others. (D) Absent the children's illness preventing attendance at school, the parents will not take the children out of school without the consent of the other parent; such consent shall not be unreasonably withheld. (E) bother shall be entitled to claim the deduction for the dependency exemption for the Child,!, Annabelle M. Rider, on her applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended, and Father shall be entitled to claim the deduction exemption for the child, Elyzabeth M. Rider, on his applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended. Each party will sign Internal Revenue form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration. This provision shall survive any amendment to this Order. 19. THERAPEUTIC FAMILY COUNSELING: The parties shall cooperate with therapeutic family counseling with a counselor to be mutually agreed upon. The parties shall share equally any cost thereof. The parties are obligated to attend not more than 12 such sessions. 20. MODIFICATION: 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 THE COURT, cc: Jennifer L. Spears, Esquire, Counsel for Father ?Diane F. Radcliff, Esquire, Counsel for Mother HOLIDAYS AND SPECIAL TIMES ODD EVEN DAYS YEARS YEARS Easter Day Whoever has physical custody on N/A N/A Saturday shall have physical custody until 3:00 p.m. on Sunday. The other parent shall have physical custody on Easter from 3:00 .m. to 9:00 .m. Memorial Day From 9:00 a.m. to 9:00 p.m. Mother Mother Independence Day From 9:00 a.m. to 9:00 a.m. July 5 Father Mother Labor Day From 9:00 a.m. to 9:00 p.m. Father Father Halloween/Trick or Treat Night 3:30 p.m. to 9:00 p.m. Father Mother Thanksgiving 1St Half From after school or 12:00 p.m. if no Mother Father school on the day before Thanksgiving to 2:00 p.m m. on Thanksgiving Da Thanksgiving 2nd Half From 2:00 p.m. Thanksgiving Day to Father Mother 3:30 p.m. the day after Thanksgiving Day Christmas 1St Half From 10:30 a.m. on 12/24 to 2 p.m. Mother Father on 12/25 Christmas 2nd Half From 2p.m. on 12/25 to 3:30 p.m. on Father Mother 12/26 Mother's Day From 5 p.m. the day before the Mother Mother holiday to 3:30 p.m. the day after Mother's Day Father's day From 9:00 a.m. the day before the Father Father holiday to 3:30 p.m. the day after Father's Day THOMAS W. RIDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2012-1123 CIVIL ACTION - LAW STEPHANIE M. RIDER, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Elyzabeth M. Rider June 28, 2001 shared Annabelle M. Rider March 17, 2006 shared 2. A Conciliation Conference was held in this matter on August 15, 2012, with,the following in attendance: The Father, Thomas W. Rider, with his counsel, Jennifer L. Spears, Esquire, and the Mother, Stephanie M. Rider, with her counsel, Diane G. Radcliff, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated April 27, 2010 providing for shared legal and shared physical custody. 4. The parties agreed to an Order in the form as attached. Date: acq ine M. Verney, Esquire Custody Conciliator