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HomeMy WebLinkAbout01-2104 JANE M. HAIR, · IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA v. · NO. BRIAN L. HAIR, ' CIVIL ACTION- LAW Defendant ' CHILD CUSTODY NOTICE _ YOU HAVE BEEN SUED 1N COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle, PA 17013 Telephone. (717) 249-3166 JANE M. HAIR, · 1N THE COURT OF COMMON PLEAs v. Plaintiff .' CUMBERLAND COUNTY, PENNSYLVANIA · NO. 0/- ~2~o7 BRIAN L. HAIR, · · CIVILACTION__LAW Defendant ' CHILD CUSTODy AND NOW COmes the Plaintiff, Jane M. Hair, by and through her attorney, Mark T. Silliker, Esquire, and respectfully requests this Honorable Court award her custody of the subject minor child, and in SUpport thereto, avers the following: 1. Plaintiff is Jane M. Hair, an adult individual residing at 592 Lake Meade Drive, East Berlin, Adams County, Pennsylvania. 17316. 2. Defendant is Brian L. Hair, an adult individual residing at 1328 Pine Road, Lot 6, Carlisle, Cumberland County, Pennsylvania. 17013. 3. The subject child is Dy/an L. Hair, born July 10, 2000. natural mother. 4. The relationship of the Plaintiff to the subject minor child is that of 5. The relationship of the Defendant to the subject minor child is that of natural father. 6. The minor child has resided at the following addresses, in the custody of the following individuals. a. From birth, July 10, 2000, until September 1, 2000- the subject minor child resided with Plaintiff, Jane M. Hair, maternal grandparents and Plaintiff's daughter, Bailey McDermitt, at 592 Lake Meade Drive, East Berlin, Pennsylvania. b. From September 1, 2000 until approximately February 15, 2001 - the subject minor child resided with Plaintiff, Defendant, and sister, Bailey McDermitt at 1328 Pine Road, Lot 6, Carlisle, Pennsylvania. c. From February 15, 2001 to present- the subject minor child resides with Plaintiff, maternal grandparents and sister, Bailey McDermitt at 592 Lake Meade Drive, East Berlin, Pennsylvania. 7. There have been no prior actions for custody of the subject minor child in this or any other jurisdiction. 8. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 9. The Plaintiff believes and therefore avers that she is much better able to meet the needs of the subject minor child than the Defendant. 10. The Plaintiff believes and therefore avers that it is in the best interest of the subject minor child that he be placed in her legal and physical custody. WHEREFORE, Plaintiff requests this Honorable Court award her custody of the subject minor child. Respectfully submitted, ,:~/30 [0! THE LAW OFFICES OF SILLIKER & REINHOLD · Mark T. S illiker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Plaintiff SILLIKER & REINHOLD HARRISBURG, PENNSYLVANIA 17112 TELEPHONE (717) 671-1500 AFFIDAVIT 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. 4909 relating to unswom falsifications to authorities. 'ii t &/o -," ~,~: ~ 7 I /IZ., ....._._._..__ " JANE M. HAIR · IN THE COURT OF COMMON PLEAS OF PLAINTIFF · CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN L. HAIR ' 01-2104 CIVIL ACTION LAW DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 17, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, May 08, 2001 at 9:15 a.m. 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. All children age five or older may also be present at the conference. 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 ali 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/ Melissa P. Greevy, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JANE M. HAIR, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA vs. · NO. 01-2104 BRIAN L. HAIR, · CIVIL ACTION - LAW Defendant · CUSTODY ORDER OF COURT AND NOW, this ~-l$1'"'day of May, 2001, the above-captioned action is hereby consolidated with the action first filed by Father in the form of a Complaint for Custody on April 6, 2001, docketed at No. 01-2040, Civil Term in Custody. BY THE Jo Dist: Mark T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 Marylou Matas, Esquire, 200 N. Hanover Street, Carlisle, PA 17013 · IN THE COURT OF COMMON PLEAS OF BRIAN L. HAIR, Plaintiff - CUMBERLAND COUNTY, PENNSYLVANIA · vs. · NO. 01-2040 · · CIVIL ACTION - LAW JAN E M. HAl R, Defendant · CUSTODY OROFR OF COURT AND NOW, this_ ",~, )['~day of May, 2001, upon consideration of the attached Custody Conciliation Summary R-eport, it is hereby ordered and directed as follows: 1. Legal Custody/. The parties, Brian L. Hair and Jane M. Hair, shall have shared legal custody of the minor Child, Dylan Leigh Hair, born July 10, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. $. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child 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 Custodv. Mother shall have primary physical custody subject to Father's rights of partial custody. T~) commence May 8, 2001, Father shall have visitation with the minor Child two days a week for three hours each visit for a period of six weeks. Initially, these visits shall be supervised at the home of the Maternal Great-Grandmother. When it appears that the minor Child is acclimated to Father being present and not experiencing difficulty with separation from the Maternal Great-Grandmother at visits, Father shall be permitted to take the Child with him for three-hour periods of partial custody to be exercised at the home of the Paternal Grandparents. To begin the week of June 19, 2000, on the first Saturday that Father does not have to work, Father's custodial time shall be increased to include partial custody from 8'00 a.m. to 6:00 p.m. on the two Saturdays per month that he does not work. Additionally, Father shall enjoy an overnight period of custody to be scheduled as closely as possible to the next Custody Conciliation Conference date. 3. The Custody Conciliation Conference shall be reconvened at the office of Melissa Peel Greew, Esquire, 214 Senate Avenue, Suite 105, Camp Hill, PA 17011, on Monday, July 16, 2001, at 1:00 p.m. At that time the parties should be prepared to discuss further expansion of Father's periods of partial custody. No. 01-2040 Dist: Mark T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 X, Marylou Matas, Esquiro, 200 N. Hanover Stroet, Carlisle, PA 17013 BRIAN L. HAIR, · IN THE COURT Of COMMON PLEAs OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA VS. ' · NO. 01-2040 JANE M. HAIR, · · CIVIL ACTION _ LAW Defendant ' CUSTODY RY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 191 $.3-8, the Undersigned Custody Conciliator submits the following report: PROCEDURE 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NA__N.~ME DATE OF BIRTH Dy/an Leigh Hair July 10, 2000 CURRENTLY IN CUSTODY OF Mother 2. A Custody Conciliation Conference was held on May 8, 2001, with the following individuals in attendance: the Father, Brian L. Hair, and his counsel, Marylou Matas, Esquire; the Mother, Jane M. Hair, and her counsel, Mark T. SJllJker, Esquire. Both parties filed Complaints for Custody. In as much as Father filed his matter at Docket No. 01-2040 on April 6, 2001, prior to Mother having filed on April 10, 2001, Mother's action Docket No. 01-2104 will be consolidated with that of Father through a separate Order transmitted to the Court with the Order addressing the part/es' agreements with regard to custody of the minor Child. 3. The parties reached an agreement in the form of an Order as attached. Dat~~ Custody Conciliator · tN THE cOURT OF coMMON PLEAS OF JANE M. HAIR, 'Plaintiff . cUMBERLAND cOUNTY, PENNSYLVANIA · · NO. 01-2104 VS. ' · CIVIL ACTION - LAW BRIAN b. HAIR, Defendant . CusTODY .f ..... .~-'~ ,2001, upon ~i it is hereby ordered and · is day of ND NOW, th .~ v Conciliation summary A _ _, ,-.. mtacnea ~,,,..._d- consideration o~ u,~ ,.,.. · . dasfoll°ws: d~recte . _ .. · ir and Brian _L. Hair, shall have shared legal he attics, Jane M. Ha . 00. Each parent shall have an 1. ~~4 TD~IaPn Leigh Hair,_b°r_n_J~l~Y, lt0; 2m0ake all major non-emergency ..,,~fndv of the minor ~,~.~,,~, =~;.~,, with the other pa~,,, to, all decisions ~'", L'..~,, ~, h exerc~seu J""'"~ -bein including, but not limited equa~ [~,,, ,~ _.e he Child's general ~..e_ll g uant to the terms of Pa. C. S. § 5309, each decisions affecbng_t .... ,=..,, ~nd reltg~un. Puts to the Child including, but not regarding his health,' ectucau,~- ,~" Child and parent shall be entitled to ali records and information pertaining 'cai dental, religious or school records, the residence address of the limited to, med~ _,, -r^ +h~_ ~.xtent one parent has possession of any such records or e the same, or copies thereof, with the other of the other parent. -,," ...... to sha.r ..... ~= nd information of reasonable use information, that parent shall be required make me re~,,,,~ a parent within such reasonable time as to to the other parent. 2. ~' Mother shall have primary physical custody subiect to Father's rights of partial custody. . A. Father's weekday part. iai custody shall be arranged on Tuesdays and Thursdays each week. On the weeks in which Father works the third shift, Father shall have custody from 2:30 p.m. until 5:30 p.m. On the weeks in which Father works the first or daylight shift, Father shall have custody from 3:00 p.m. until 5i30 p.m. On the weeks in which Father works the second shift, Father shall have custody from 1.0:00 a.m. until 1-00 p.m. f Jul 30, 2001, and August 6, 2001, Father shall have in the weeks.o Y_~ ~-,,,~d vs from 9'00 a B. Dct~;t°~iy on Tuesctays aha ~,,~,.,..aY . .m. until 4:00 p.m. C. On September 13, 2001, Father shall have custody from 10:00 a.m. until 4:00 p.m. On September 14, 2001, Father shall have custody from 10:00 a.m. until 2'00 p.m. No. 01-2104 Civil Term D. Father shall have custody on the following Sundays when he does not work: July 22, 2001, and August 12, 2001. Father's period of.custody for these Sundays shall be from 9:00 a.m. until 6:00 p.m. E. Father shall have custody overnight from August 18, 2001, from 6'00 p.m. until August 19, 2001, at 6:00 p.m. 3. Transportation. Father shall provide all transportation incident to his mid-week periods of partial custody. With regard to the Sunday periods of custody, the person relinquishing custody shall provide transportation. Specifically, Mother shall provide transportation for the Child to his Father by 9'00 a.m. on the Sunday periods of custody, and Father shall provide transportation of the Child at 6:00 p.m. on the Sunday periods of custody. 4. Father shall not respond to volunteer fire calls during his periods of partial custody. 5. It is noted that Father has provided his work schedule to Mother for the months of July 2'001, August 2001 and September 2001. The parties shall, continue to exchange information with regard to their work schedules and Father's availability to have periods of partial custody in subsequent months, consistent with the terms of this Order. It is contemplated that Father shall have weekend custodial time no less than twice per month. 6. Pursuant to 23 Pa. C. S. § 5305, he parties shall participate in counseling and at improving their ability to communicate and work cooperatively together to create a harmonious policy toward the best interest of the Child and to facilitate the natural development of his relationship with his Father through frequent and continuing contact with the minor Child. It shall also be a focus of the counseling to assist the Child and the parents in helping the Child cope with any adjustments which may be experienced as a result of the custodial exchanges. The cost of this counseling shall be born equally by the parties to the extent that it is not reimbursed by health insurance coverage. The parties shall attend a minimum of six counseling sessions. 7. This Order is temR,orary in nature and may be modified on proper petition by either party.~' . .. "".' ,~ ,....,. ..... ... -? Dist: Mary Lou Mata~, ~:~quim, 200 ~. Hanover Stm~t,. Carlisle, ~^ ~ 7013 Kri~t~n R~inhold, fi~quim, S022 I_infll~town Road, Harrisburg, ~^ 171 ~2 JUL 0 JANE M. HAIR, ' IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · vs. · NO. 01-2104 · BRIAN L. HAIR, ' CIVIL ACTION- LAW Defendant ' CUSTODY 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 Child who is the subject of this litigation is as follows: NAM_E DATE OF _RIRTH - CURRENTLY IN CUSTODY OF Dylan Leigh Hair July 10, 2000 Mother 2. The parties were seen for their second Custody Conciliation Conference on July 15, 2001, with the following individuals in attendance: the Mother, Jane M. Hair, and her counsel, Kristen Reinhold, Esquire, who appeared on behalf of Mr. Silliker, Esquire' the Father, Brian L. Hair, and his counsel, Mary Lou Matas, Esquire. ' 3. The parties reached an agreement with regard to physical custody in the form of an Order as attached. However, the parties did not reach an agreement with regard to their participation in counseling to improve their ability to communicate and work effectively together as parents for the best interest of the minor Child. Therefore, the Conciliator has provided the Court with two Orders to consider, one which includes the counseling Order and one which does not. In light of the ongoing hostilities between the parties and their inabilit to communicate civilly with regard to arranging custodial times, it is the Conciliator,Ys recommendation that the strong parties participate in co-parenting counseling with an eye toward creating a harmonious policy of decision making between them and cooperation to ensure that this Child is offered frequent and continuing contact with both parents. Both parties expressed concern with regard to the cost of the counseling. Mother, in particular, expressed concern that she did not have time to attend counseling with Father. The Conciliator also is of the opinion that the parties would benefit from assistance with understanding the adjustment challenges to a one-year-old in forming a relationship with a non custodial parent. The parties could also use assistance with ideas about what parents can do to ease the Child's emotional reactions at the time of custodial exchanges. It would also be helpful to the parties to address Mother's extreme resistance to the Child having any overnight custodial periods with Father as well as her concerns wherein she alleges that the Child is clingy and suffering from disrupted sleep following each and every visit with his Father. No. 01-2104 Civil Term Date ' - MeliSsa Peel Greevy, Esquire Custody Conciliator