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HomeMy WebLinkAbout10-2349L.. 5020 Ritter 4wad suite 1 Mechargesburg, A 17055 PH01p: 717.7 .4008 FAx: 717.7 .4066 JENNIFER A. HORNING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. fQ 3 ?? 9 C- va SHAWN E. HORNING, CIVIL ACTION - CHILD CUSTODY Defendant c^ rir1 r*s 77 COMPLAINT IN CUSTODY ! ?' 1. Plaintiff is Jennifer A. Horning, an adult individual residing at 5211 E. (Trindte Z-=-, r -I Road, Apt. 4, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Shawn E. Horning, an adult individual residing at 16 West Factory Street, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties are the natural parents of the following minor children: Kamryn Horning, born December 28, 2005 and Kelsey Horning, born April 6, 2009 (hereinafter, "the children"). 4. The children were born out of wedlock. 5. The children are presently in the custody of Plaintiff, Jennifer A. Horning, who resides at 5211 E. Trindle Road, Apt. 4, Mechanicsburg, Pennsylvania 17050. 6. During the past five years, the children have resided with the following persons and at the following addresses: Names Addresses Jennifer A. Horning 5211 East Trindle Road Apt. #4 Mechanicsburg, PA 17050 Jennifer A. Horning 16 West Factory Street David Horning Mechanicsburg, PA 17055 Tracy Horning Jennifer Horning 4173 Grouse Court, Apt. 16 Shawn Horning Mechanicsburg, PA 17050 Dates 10/15/09-present 7/16/09-10/15/09 3/09-7/16/09 ?? a.yo ? 70 7 Jennifer A. Horning Shawn E. Horning David Horning Tracy Horning Jennifer A. Horning Jennifer A. Horning Shawn E. Horning 16 West Factory Street 8/07-3/09 Mechanicsburg, PA 17055 48 West Main Street 8/06-8/07 Mechanicsburg, PA 17055 4183 Grouse Court, Apt. 114 3/06-8/06 Mechanicsburg, PA 17050 Jennifer Horning 21 West Springville Road 12/05-3/06 Elizabeth Stutenroth Boiling Springs, PA 17007 Dan Stutenroth Tonia Stutenroth Caw 5020 Ritter Dad suite t McCha[dCSbur$, A 17055 P11oNE: 717.7 6.1008 FAx: 717.76 .4066 7. The mother of the children is Plaintiff, Jennifer A. Horning, residing with the children at 5211 E. Trindle Road, Apt. #4, Mechanicsburg, Pennsylvania 17050. She is married. 8. The father of the children is Defendant, Shawn E. Horning, who resides at 16 West Factory Street, Mechanicsburg, Pennsylvania 17055. He is married. 9. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: Name Relationship No one other than herself 10. The relationship of the Defendant to the children is that of Father. The Defendant currently resides with the following persons: Name Relationship David Horning father Tracy Horning mother 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13. 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. 14. 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. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) The Defendant Father abuses alcohol and just was released from rehabilitation in January of this year; b) the Defendant Father has had no daily interaction with his children for the past seven (7) months of their lives and has not functioned as primary caregiver; C) the Plaintiff Mother is in the best position to provide care and nurturing to her children; and d) the emotional, physical and/or spiritual development of the children will be enhanced by granting primary physical custody of the children to Plaintiff. L.. - 5020 Ritter gad Suite 100 Mechanicsburg. A 17055 FHONC: 717.7 .4008 FAx: 717.76 .4066 WHEREFORE, Plaintiff requests that the Court grant to her primary physical and shared legal custody of the children, Kamryn Horning and Kelsey Horning. Respectfully submitted, Jo /n M. Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Jennifer A. Horning Dated: April 7, 2010 T-0W-? )hn M 5020 Ritter suite 1 MedlaNGSburg, PA 17055 Peiow 717.7 .4008 FAx: 717.7 .4066 VERIFICATION The undersigned hereby states that she is the Plaintiff in the foregoing action and, as such, is authorized to execute this Verification, and that any factual statements in the preceding Complaint are true and correct to the best of my information, knowledge and belief. I understand that any false statements are subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. 4Jennifer Horning JENNIFER A. HORNING , PLAINTIFF V. SHAWN E. HORNING DF,FI:NDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, F'ENNSYL.,VANIA 2010-2349 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, ___ Wednesday, A ril 14, 20.10 ____, upon consideration of the attached Complaint, ii is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the. conciliator, at 39 West Mam Street, Mechanicsburg, PA 17055 on Thursday, May 13, 2010 at 12:00 PM _... for aPre-t-Tearing Custodv 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 envy 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda E's . Custodv 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 ol'tice. 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 'i'O YOUR A'T'"~I'ORNEY AT ONCE. IF YOU DO NO-f FIAVE AN AT"TORNEY OR CANNOT AFFORD ONE, C.iO TO OR TELEPHONE "CHE OFFICE SET FORTI-i BELOW TO FIND OUT WI-IERE YOU CAN GET LEGAL I~-tELP. ~~~ Cumberland County Bar Association y /~f •!b C~~: 3? South Bedford Street -~O ~ ~~ Carlisle, Pennsylvania 17013 n ~ -, Telephone (717) 249-3166 ~ ~' `~' ~. ~~_ k• ~~• rd CaP ~ Ie~ ~-a -~'~ Sauna ~ ~ -~ __ ,._, ,t _ r,~ a <.~. _ .~ -- - ~ < MaY ~ 7 200 ~ JENNIFER A. HORNING IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • n o _._ vs. 2010-2349 CIVIL ACTION LAW ~ " -r',-r, fT~ "!-~ ~ ~:t '-1 ~ -rJ f T': cA ;~,~ SHAWN E. HORNING ' ~ ~ t ,~~-; a Defendant IN CUSTODY '' `~° ' ° - i _:' - ~ ~' ORDER OF COURT `"~' ~`/' l AND NOW, this l V day of I "~ 2010, upon consideration of the attached Custody Conciliation Report, it is o ered and directed as follows: 1. The Mother, Jennifer A. Horning, and the Father, Shawn E. Horning, shall have shared legal custody of Kamryn Horning, born December 28, 2005, and Kelsey Horning, born April 6, 2009. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children 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 of the Child 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. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall share having physical custody of the Children on a repeating bi-weekly schedule as follows: A. Week I: During Week I, the Mother shall have custody of the Children from Sunday at 9:00 a.m. through Thursday at 6:00 a.m., the Father shall have custody from Thursday at 6:00 a.m. through Saturday at 9:00 a.m. and the Mother shall have custody from Saturday at 9:00 a.m. through Sunday and the beginning of Week II. B. Week II: During Week II, the Mother shall have custody of the Children from Saturday at 9:00 a.m. through Wednesday at 6:00 a.m. and the Father shall have custody from Wednesday at 6:00 a.m. through Sunday at 9:00 a.m. C. The regular custody schedule shall begin with the Mother having custody of the Children beginning on Saturday, May 15 at 9:00 a.m. .~ 3. The parties shall share or alternate having custody of the Children on holidays as arranged by agreement. 4. Each party shall be entitled to have custody of the Children for vacation for up to two weeks each year upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Unless otherwise agreed between the parties, the two weeks shall be scheduled nonconsecutively and each week shall be scheduled to begin on that parent's regular weekend period of custody. Neither party shall remove the Children from school for a vacation period of custody without the prior consent of the other parent. Each parent shall provide the other parent with advance notice of the address and telephone number where the Children can be contacted during vacation. 5. In the event either party believes that the other party is not complying or is unable to comply with the custody schedule set forth in this Order, counsel for either party or a party pro se may contact the conciliator within 3 months of the date of this Order to schedule afollow-up custody conciliation conference. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 7. 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, J. cc: ° J M. Kerr, Esquire -Counsel for Mother / Shawn E. Horning -Father l.0'~ ~ E S /n~ t l.~c~ .s~~ t ~I~v ~~ t~ JENNIFER A. HORNING Plaintiff vs. SHAWN E. HORNING IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-2349 CIVIL ACTION LAW IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kamryn Horning December 28, 2005 Kelsey Horning Apri16, 2009 Mother/Father Mother/Father 2. A custody conciliation conference was held on May 13, 2010, with the following individuals in attendance: the Mother, Jennifer A. Horning, with her counsel, John M. Kerr, Esquire, and the Father, Shawn E. Horning, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator