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HomeMy WebLinkAbout10-2773I ILED- ?)l:rnc E O T!-'- )FARY SONAL A. HALL, Plaintiff V. BARRET L. HALL, Defendant 2010 AN 26 PM 3: 33 S\ L_V 'NA k ?l 7 f- vo td-- p? jxi1 Ira- pyl I S3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2010 - . -77.3 CIVIL IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Sonal A. Hall, residing at 880 Crooked Stick Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant Barrett L. Hall, residing at 6316 Pine Street, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Meadow B. Hall 880 Crooked Stick Drive 09/25/01 8 yrs old Mechanicsburg, PA 17050 Autumn B. Hall 880 Crooked Stick Drive 10/08/05 4 yrs old Mechanicsburg, PA 17050 The children were not born out of wedlock The children are presently in the custody of Mother, residing at 880 Crooked Stick Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Sonal A. Hall & 1 Stillwater Circle 10/2004-2/2009 Barret L. Hall Dillsburg, PA 17019 4 5. Sonal A. Hall & 880 Crooked Stick Drive Barret L. Hall Mechanicsburg, PA 17050 022009-112009 Sonal A. Hall 880 Crooked Stick Drive 11/2009-present Mechanicsburg, PA 17050 The mother of the children Sonal A. Hall, resides at 880 Crooked Stick Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. She is married. The father of the children Barret L. Hall, resides at 6316 Pine Street, Harrisburg, Dauphin County, Pennsylvania 17112. He is married. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the following persons. Name Relationship Meadow B. Hall daughter Autumn B. Hall daughter 6 7 8 The relationship of defendant to the children is that of Father. The defendant currently resides with the following persons. Name John Mann Relationship Friend 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 has physical custody of the children and claims to have custody or visitation rights with respect to the children. 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 are not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the 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. WHEREFORE, Plaintiff requests this Court grant Plaintiff full primary physical custody subject to structured visitation by the Defendant. Respectfully submitted, Rominger & Associates Date: Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Sonal A. Hall 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. , SonWA. Hall, Plaintiff _,?, k f' JUL 2 8 2010 ~, SONAL A. HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-2773 CIVIL ACTION LAW BARRET L. HALL, IN CUSTODY Defendant ORDER OF COURT '~- AND NOW this ~ ~ day of July 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Barret Hall, and the Mother, Sonal Hall, shall have shared legal custody of Meadow B. Hall, born 09/25/2001 and Autumn B. Hall, born 10/08/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody on a repeating two week schedule as follows: a. During the summertime, in week one, Father shall have physical custody of the Children Tuesday from between 3:30 pm and 4:00 pm unti19:00 pm, from Thursday between 3:30 pm and 4:00 pm until Sunday 8:30 pm. b. During the summertime, in week two, Father shall have physical custody of the Children Tuesday and Thursday from between 3:30 pm and 4:00 pm unti19:00 pm. c. During the school year, in week one, Father shall have physical custody of the Children Tuesday and Thursday from between 3:30 pm and 4:00 pm unti18:30 pm and from Friday between 3:30 pm and 4:00 pm until Sunday 8:30 pm. d. During the school year, in week two, Father shall have physical custody of the Children Tuesday and Thursday from between 3:30 pm and 4:00 pm unti18:30 pm. e. The parents shall exchange custody approximately half way between their respective residences (at the East Mall, or any other agreed upon location). Father has the authority to pick up the Children from after school/day care if he so desires. f. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: The parents shall alternate and share the holidays; in the absence of agreement, the . f~ parties shall arrange the holiday schedule as attached. 5. Each parent shall have seven consecutive days (one week) of vacation with the Children during the summer. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible a$er the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Relocation: The parties have initiated litigation based upon the primary care-giver's residence in Cumberland County. If either party intends to establish residency a substantial distance that from their current residence that would affect the current custody situation, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 11. This Order is entered pursuant to 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 >. is Order shall control. ~. ~.,-. cV _ .- _:~, --- By the Court, ~~ . - . iW . t'~ ~: __~ ?_~ ~'L _~ v ~. , Distribution: ,/i~ Rominger, Esq. arret Hall, 6316 Pine Street, Harrisburg, PA 17112 ~hn J. Mangan, Es uixe 'jl.Z,9lrv ~, TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Da 1St Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 pm Mother Father Ind endence Da From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treatin Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanks 'vin Da Thanksgiving 2° From 2 pm on Thanksgiving Day to Mother Father half noon the da after Thanks 'vin Da Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2" Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Da From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father SONAL A. HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~• No. 10-2773 CIVIL ACTION LAW BARRET L. HALL, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Meadow B. Hall 09/25/2001 Primary Mother Autumn B. Hall 10/08/2005 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 07, 2010 with the following individuals in attendance: The Mother, Sonal Hall, with her counsel, Karl Rominger, Esq. The Father, Barret Hall, self-represented party 3. The parties agreed to the entry of an Order in the form as attached. Z ~ Date John . M gan, Esquire Cust y onciliator