HomeMy WebLinkAbout10-1131FI' fit., ,_ !° r
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KENNETH F. LEWIS, ESQUIRE
Attorney I.D. 169383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
Attorney for Plaintiff
MATTHEW S. HANSROTE,
Plaintiff
V.
TARA L. MACKEY,
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 16-1131
CIVIL ACTION - LAW
CUSTODY
CUSTODY COMPLAINT
1. Plaintiff is Matthew S. Hansrote, who currently
resides at 40 Queen Avenue, Enola, Cumberland County, PA 17025.
2. Defendant is Tara L. Mackey, who currently resides at
3463 Sullivan Street, Mechanicsburg, Cumberland County, PA 17050.
3. Plaintiff seeks shared legal and partial physical
custody of the parties' child, DILYNN MACKEY, born 12/25/09.
4. Since the child's birth less than two months ago, the
child has resided at the address listed in paragraph #2 above, with
the Defendant and the people listed in paragraph #6 below.
5. The relationship of the Plaintiff to the child is
that of natural father. He is not married. He resides with his
mother and two brothers.
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6. The relationship of the Defendant to the child is
that of natural mother. She is not married. She resides with her
mother, stepfather and brother.
7. Plaintiff has not participated as a party or witness,
or in any other capacity in other litigation, concerning the
custody of the child in this or another court.
Plaintiff has no information of a custody proceeding
concerning the child pending in any Court of this Commonwealth.
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.
8. Beginning in February of 2010, Mother began
preventing Father from seeing the child. The best interest and
permanent welfare of the child will be served by granting Plaintiff
shared legal and partial physical custody as the child will benefit
by having two loving parents involved in her life.
9. Each parent whose parental rights to the child has
not been terminated and the persons who have physical custody of
the child have been named as parties to this action.
WHEREFORE, Plaintiff requests the Court to grant him
shared legal and periods of partial physical custody.
t
DATE: 2/16/2010 i
KENNE H F. LEWIS, ESQUIRE
Attor ey for Plaintiff
VERIFICATION
I hereby verify that the statements made in the foregoing
document are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Dated: MATT HANSROTE
MATTHEW S. HANSROTE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
TARA L. MACKEY
DF.FINDANT
2010-1131 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, February 24, 2010 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 __ on Thursday, March 25, 2010 _ 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 hearini;.
FOR THE COURT,
By: /s/ Dawn S. Sunda 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
FORTII 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
OF INF PP£}TN{)N!oTA ?Y
2010 MAR -I PM 3: 04
PEPNNSYEV,A A
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20 11 0 ?°?z l `i 1 G
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MATTHEW S. HANSROTE,
Plaintiff
v.
TARA L. MACKEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-1131
CIVIL ACTION - LAW
CUSTODY
CUSTODY A(3RBEMENT
AND NOW, this - _L _-__ day of GllC,4
2010,
TARA L. MACKEY ("Mother") and MATTHEW S. HANSROTE ("Father"), agree
to the following provisions being made an Order of court:
1. The parties shall share legal custody of the parties,
child, DLYNN MACKEY, born 12/25/09. The parties agree major
decisions affecting their child, including but not limi'.-.ed to
health, education, religious training and upbringing shall be made
by them joint, after discussion and consult4tion with each other,
with a view toward obtaining and following a harmonious policy in
the child's best interests.
a) Each party agrees not to impair the other's rights to
shared legal custody. Each party agrees not to attempt to alienate
the affections of the child for the other party, nor to permit
anyone else to do so.
Each party shall notify the other of any activity or
circumstance concerning the child that could reasonably be expected
to be of concern to the other. Day to day decisions shall be the
responsibility of the parent then having physical custody. With
regard to any emergency decisions which must be made, the
parent having physical custody at the time of the emergency shall
be permitted to make any immediate decisions necessitated thereby.
However, that parent shall inform the other of the emergency and
consult with him or her as soon as possible.
b. Each parent is entitled to complete and full
information from their child's doctor, dentist, teacher,
professional or authority and is entitled to have copies of any
reports or information given to either parent, in accordance with
23 Pa.C.S.A. §5309.
C. Each parent shall execute any and all legal
authorizations so that the other parent may obtain information from
their child's schools, physicians, psychologists, or other
individuals concerning the child's progress and welfare.
2. No Conflict Zone:
a. The parents shall not alienate the affections of
their child from the other parent and the other parent's extended
family and shall make a special conscious effort not to do so and
to the extent possible prevent third parties from alienating the
child's affections from the other parent as well as the other
parent's extended family.
b. The parents shall establish a No Conflict Zone for
their child and refrain from making derogatory comments about the
other in the presence of their child and, to the extent possible,
shall not permit third parties from making-such comments in the
presence of the child, whether the child is sleeping, awake, or in
another room.
C. Each parent shall speak respectfully of the other
whether it is believed the other reciprocates or not. Each
parental figure shall refer to the other by the appropriate role
name (i.e. mom, dad, your grandmother, etc.).
d. Each parent agrees to refrain from encouraging the
child to provide reports about the other parent. Communication
should always take place directly between parents, without using
the child as an intermediary.
3. Physical Custody. Mother shall have primary physical
custody of the child, subject to Father"s periods of physical
custody listed below.
a) Alternating Weekends: Through December 31, 2010,
Father shall have periods of partial physical custody on
alternating weekends as follows: Saturdays from noon through 4:30
p.m.; and Sundays from noon through 4:30 p.m. Beginning January 1,
.2011, Father's alternating weekends shall be from Saturday at noon
through Sunday at 6:00 p.m.
b) Weekdays: Father shall have the child on Tuesday and
Thursday evenings from 6:00 p.m. through 8:00 p.m. (or earlier, if
the child goes to bed before 8:00 p.m.).
c) Holidays: The following holiday schedule shall take
precedence over the regular custody schedule.
i) Father shall have physical custody of the child
each Father's Day weekend and Mother shall have physical custody
each Mother's Day weekend.
ii) Christmas. In odd numbered years, Mother shall
have the child from December 24th at noon through December 25th at
noon. Father shall then have the children from December 25th at
noon until December 25th at noon. In even numbered years, these
times shall be reversed.
iii) Thanksgiving aster. Absent a different agreement
of the parties, Mother shall have the Thanksgiving and Easter
holidays from 8:00 a.m. through 2:00 p.m and Father shall have the
Thanksgiving and Easter holidays from 2:00 p.m. through 8:00 p.m.
d) Such other and further times as agreed upon by the
parties.
4. Telephone: At no time shall either parent interfere
with the child's rights to receive, initiate, or conduct
telephone communications with the other parent. Each parent shall
provide all relevant telephone numbers to the other.
5. Relocation: Neither parent shall relocate more than
twenty (20) miles from their current residences if such move would
necessitate a change in the custody schedule or a change of school
district, without a minimum notice of ninety (90) days to the other
parent. The ninety day notice is designed to afford the parents an
opportunity to renegotiate the custodial arrangements or to have
the matter listed for a court hearing.
¦
6. Transportation. Unless otherwise agreed upon by the
parties, each parent will be responsible for providing
transportation to begin each of his/her periods of time with the
child.
7. Modification. Any of the provisions of this order
may be modified or deleted upon mutual consent of the parents. The
parents acknowledge circumstances may warrant a change in custodial
periods, particularly as the child gets older and begins school.
The parents agree to work together in the best interests of their
child and in accordance with their schedules. Either parent may
file a petition to modify this agreement with the Court at any
time.
B. Smoking. The parents, during any period of -physical
custody, shall not smoke cigarettes inside their residence or
vehicle. The parents shall likewise assure that other household
members and/or guests comply with this prohibition.
9. Father agrees that his pitbull shall not be permitted
to be around the child (i.e. shall not be in the same room as the
child, or anywhere nearby such that the dog could easily get to the
d&OA J TARA L. MACKEY
n 4-y"
MATTHEW S. HANSROTE
W ESS
i) Father shall have physical custody of the child
each Father's Day weeken/ad
then shall have physical custody
each Mother's Day weekendii) shret?radd numbered years, Mother shall
have the childrom Decemat noon through Decor 25th at
noon. Fathek shall then e children from December
25th at
noon until December 26th . In even numbered years, these
times shall be reversed.
iii) Tha in ,(&Wter. Absent a different agreement
of the parties, Moths shall have the Thanksgiving and Easter
holidays from 8:00 a.m. through 2:00 p.m and Father shall have the
Thanksgiving and Easter holidays f :00 through 8:00 p.m.
d) Such other further times a agreed upon by the
parties.
4. Telanh M: At no time shall ither parent interfere
with the child's rights to receive, initi te, or conduct
telephone communications with the other rent. Each parent shall
provide all relevant telephone numbers to the other.
5. Relocation: Neither t shall relocate more than
twenty (20) miles from their current esid+ences if such move would
necessitate a change in the custody s hedule or a change of school
district, without a minimum notice of inety (90) days to the other
parent. The ninety day notice is design d to afford the parents an
opportunity to renegotiate the custodial a angements or to have
the matter listed for a court hearing.
MAR 12 2010
MATTHES S. HANSROTE
Plaintiff
VS.
TARA L. MACKEY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 2010-1131 CIVIL ACTION LAW
Defendant
IN CUSTODY
ORDER
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AND NOW, this 9th day of March, 2010 , the conciliator, being advised by
Plaintiff's counsel that all custody issues have been resolved by agreement between the parties, hereby
relinquishes jurisdiction. The custody conciliation conference scheduled for March 25, 2010 is
cancelled.
FOR THE COURT,
i
Dawn S. Sunday, Esquire
Custody Conciliator
FFICE
OF THE °F0711-1!r`N'0, TARY
2010 K, t 18 Ai 151- r..' 0
y
MAR 112010 61
MATTHEW S. HANSROTE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 10-1131
CIVIL ACTION - LAW
TARA L. MACKEY,
Defendant CUSTODY
O R D E R
AND NOW, this /8' day of -r A,.X , 2010 it is
hereby ORDERED and DECREED that the attached Custody Agreement
dated March 4, 2010 and executed by the parties is hereby made an
Order of Court.
wis, Esq., 1101 N. Front St., Hbg., PA 17102
Mackey, 3463 Sullivan St., Mechanicsburg, PA 17050
'?F I Flat t L c'c
3p 8//
L:1 Y
P,ISTRIBUTION:
Kenneth F. Le
Tara L.
BY THE COURT:
flLE4~~ ~~RY
10 SEP 16 A~ 8~ 31
-, flUi~TY
MATTHEW S. HANSROTE, C+UM~~ ,~a1~~~~~E COURT OF COI+II~+ION PLEAS OF
Plaintiff ERLAND COUNTY, PENNSYLVANIA
v. NO. 10-1131
CIVIL ACTION - LAW
TARA L . MACI{EY ,
Defendant CUSTODY
AND NOW, this ~r~ day of ~~~~ ~~ 2010,
TARA L. MACKEY ("Mother"} and MATTHEW S. HANSROTE (°Father"}, agree
to the following provisions being made an Order of Court, which
shall replace the parties' March 4, 2010 Agreement.
1. The parties shall share legal custody of the parties'
child, DILYNN MACREY, born 12/25J09. The parties agree major
decisions affecting their child (i.e. health, education, religious
training and upbringing, etc.} shall be made jointly, after
discussion with each other, with a view toward obtaining and
following a harmonious policy in the child's best interests.
a) Each party agrees not to impair the other's rights to
shared legal custody. Each party agrees not to attempt to alienate
the affections of the child for the other party, nor to permit
anyone else to do so.
Each party shall notify the other of any activity or
circumstance concerning the child that could reasonably be expected
to be of concern to the other. Day to day decisions shall be the
responsibility of the parent then having physical custody. With
regard to any emergency decisions which must be made, the
parent having physical custody at the time of the emergency shall
be permitted to make any immediate decisions necessitated thereby.
However, that parent shall inform the other of the emergency and
consult with him or her as soon as possible.
b. Each parent is entitled to complete and full
information from their child's doctor, dentist, teacher,
professional or authority and is entitled to have copies of any
reports or information given to either parent, in accordance with
23 Pa.C.S.A. $5309.
c. Each parent shall execute any and all legal
authorizations so that the other parent may obtain information from
their child's schools, physicians, psychologists, or other
individuals concerning the child's progress and welfare.
2. No Conflict Zone:
a. The parents shall not alienate the affections of
their child from the other parent and the other parent's extended
family and shall make a special conscious effort not to do so and
to the extent possible prevent third parties from alienating the
child's affections from the other parent as well as the other
parent's extended family.
b. The parents shall establish a No Conflict Zone for
their child and refrain from making derogatory comments about the
other in the presence of their child and, to the extent possible,
shall not permit third parties from making such comments in the
presence of the child, whether the child is sleeping, awake, or in
another room.
c. Each parent shall speak respectfully of the other
whether it is believed the other reciprocates or not. Each
parental figure shall refer to the other by the appropriate role
name (i.e. mom, dad, your grandmother, eta.}.
d. Each parent agrees to refrain from encouraging the
child to provide reports about the other parent. Communication
should always take place directly between parents, without using
the child as an intermediary.
3. Physical Custody. Mother shall have primary physical
custody of the child, subject to Father's periods of physical
custody listed below.
a} Through December 31, 2010, Father shall have periods
of partial physical custody as follows:
i) each Friday from 12:00 p.m, until 4:00 p.m.;
ii) on alternating weekends, which shall be defined as
Saturdays from noon through 4:30 p.m.; and Sundays from 6:00 p.m.
through 8:00 p.m.
b) Beginning January 1, 2011, Father shall have periods
of partial physical custody as follows:
i} each Priday from 12:00 p.m. until 4:00 p.m.;
ii} on alternating weekends, which shall be defined as
Saturday at noon through Sunday at noon.
c} Holidays: The following holiday schedule shall take
precedence over the regular custody schedule.
i) Father shall have physical custody of the child
each Fathers Day weekend and Mother shall have physical custody
each Mother's Day weekend.
ii) C~~,stmas. In odd numbered years, Mother shall
have the child from December 24th at noon through December Z5th at
noon. Father shall then have the children from December 25th at
noon until December 26th at noon. In even .numbered years, these
times shall be reversed.
iii) ThanksgiyincJEaster. Absent a different agreement
of the parties, Mother shall have the Thanksgiving and Easter
holidays from 8:OO a.m. through 2:00 p.m and Father shall have the
Thanksgiving and Easter holidays from 2:00 p.m. through 8:00 p.m.
d) Such other and further times as agreed upon by the
parties.
4. Tele one: At no time shall either parent interfere
with the child's rights to receive, initiate, or conduct
telephone communications with the other parent. Each parent shall
provide all relevant telephone numbers to the other.
5. ge~Qcation: Neither parent shall relocate more than
twenty (20) miles from their current residences if such move would
necessitate a change in the custody schedule or a change of school
district, without a minimum notice of ninety (90) days to the other
parent. The ninety day notice is designed to afford the parents an
opportunity to renegotiate the custodial arrangements or to have
the matter listed for a Court hearing.
6. Transportation. Dnless otherwise agreed upon by the
parties, each parent will be responsible for providing
transportation to begin each of his/her periods of time with the
child.
7. Modification. Any of the provisions of this order
may be modified or deleted upon mutual consent of the parents. The
parents acknowledge circumstances may warrant a change in custodial
periods, particularly as the child gets older and begins school.
The Barents agree to work together in the best interests of their
child and in accordance with their schedules. Either parent may
file a petition to modify this agreement with the Court at any
time.
8. Smolcina. The parents, during any period of physical
custody, shall not smoke cigarettes inside their residence or
vehicle. The parents shall likewise assure that other household
members and/or guests comply with this prohibition.
9. Father agrees that his pitbull shall not be germitted
to be around the child (i.e. shall not be in the same room as the
child, or anywhere nearby such that the dag could easily get to the
child) .
1
WITNESS
r
W NESS
~~ ~~~
TARA L. MACKEY
~~ i~G/9f1,c~ ~ '/
MATTHEW S. HANSROTE
I
EILFO-OFFICE
F THE. I i0 ?THONOTARY
i 11.1 fir-F 13 P 3• 'fi
CUMBERLAND COUNTY
PENNSYLVANIA
MATTHEW S. HANSROTE,
Plaintiff
V.
TARA L. MACKEY,
Defendant
SEP 17 Z01 U
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-1131
CIVIL ACTION - LAW
CUSTODY
O R D E R
AND NOW, this day of ?/",c..Gcr , 2010 it is
hereby ORDERED and DECREED that the attached Custody Agreement
dated September 3, 2010 and executed by the parties is hereby made
an Order of Court.
BY THE COURT:
STRI UTION•
K nneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102
ra L. Mackey, 3463 Sullivan St., Mechanicsburg, PA 17050
GIF es .r il I
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