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HomeMy WebLinkAbout01-2325HAROLD RYNARD, Petitioner v. ROBIN L. HIN~?.~., R~spon~l~nt IN THE COURT OF CO~ON PLEAS ~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY ACTION PETITION TO MODIFY CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: 1. The Petitioner is Harold Rynard (Father) residing at 103 East Main Street, Apartment %2, Newville, Cumberland County, Pennsylvania 17241. 2. The Respondent is Robin L. Hinkle (Mother) who resides at 28 Lucinda Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner seeks to modify the Order of Court dated November 22, 1999, by granting him additional time with his son, Sean M. Rynard, date of birth 6/26/88, and limiting Mother's time with his other son, Peter J. Rynard, date of birth 1/11/87. A copy of the Order of Court is attached as exhibit A. 4. Since the November 22, 1999 Order, Mother has limited Eather's contact with Sean and Father has limited Mother's contact with Peter. 5. Since February 2001, with prior notice to Mother, Peter has been residing in Maine with his adult cousins. A copy of the notice is attached as exhibit B. 6. The best interest of the children would be served by granting Father's request because: a. Father needs to have meaningful contact with b. Peter has emotional problems as a result contact with Mother. WHEREFORE, Plaintiff requests this Honorable Court the November 22, 1999 order by increasing Father's contact Sean and reducing Mother's contact with Peter. Respectfully submitted, Thomas D. Gould, Esquire Pro Bono Attorney ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 Sean. of his to modify with VERIFICATION I, Harold Rynard, hereby certify that the foregoing PETITION TO MODIFY CUSTODY is 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. Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CU%[~ERI~u%-O CouNTY, pE~ISYLVA2;iA 99-122 JTJ-qEN I LE THE M. RTTER OF PETER RYNA.~D, born January !!, 1987 iN THE M.~TTER OF SEA_~ RYN.A-RD, born June 26, 1988 ORDER OF COURT A~iD NOW, this 22nd day cf November, 1999, after nea_lng the Court finds that the children are no longer dependent. They are released from the protective supervision of the agency. The ~ ~ .. pa_en~= s~a!! have joint legal custody of Peter Rynard and Seam Rynard with Peter being in the primary, physical custody of his father and Seen being in the_mrimarv. physical custody of n_s' ~ mother. Seam shall visit with the Rynard household on a!~ernating weekends =~ ~_om Saturday morning at 8:30 a.m. until Sunday =- '~ ' ~ve ..... g at 6:00.o-m. Peter snal! v_s~ :- with a ....... =_ng w-~k~..ds fro~ Friday at 6:30 u m until Sunday at 6:30 p.m. Pick-up and drop-cfr for visitation shall ccc,,~ a~ ~ha ' ~" . -- No~~n Midd!eton Townshiu Police S~ation. Each parent shall arrive at' the pick-up and drop-off appointments early and will give the other parent at least ten minutes if for some reason a paren~ is !a~e. This custody arrangement and/or visitation schedule may be modified by ~ ~=~ r~ ~U.~ .... order of court. __ either parent wishes a modification, they should prcceed ~._ougn the conciliation process. Edward E. Guido, J. Ruby D. Weeks, Escuire For CCC&YS Lindsay D. Baird, Esquire For the children Jacqueiine M. Verney, Esquire For the natural moaher ~ichae! A. Scherer, Esquire natural father Probation CCC&YS :lfh Harold M. 'Rynard February 12, 2001 Robin Hinkle 28 Lucinda Drive Carlisle, Pa. 17013 Dear Ms.Hinkle, This letter is to notify you in writing that our son Peter will be spending the remainder of his school year in Maine. During the s~l~i~er months, Peter spent several weeks in Maine and he has expressed his desire to return there. The purpose for this is so that he can receive specialized schooling for the remainder of the school year. Preparations for this schooling have already been made by Vicki Rooney in Maine, who is working in conjunction with the Home School Association in Maine. It is in my opinion as Peter's father that this will provide Peter with opportunities for learning that he does not have here. Although Pete is presently passing his classes here, the school has indicated that he is not working up to his potential. Pete's guidance counselor and teachers have been contacted and they are in agreement that this will be beneficial for Peter. As Peres father, this decision has been difficult for me, but I feel that it is in Peter's best interest. This is what Peter desires to do. I will continue to hold legal custody of Peter and remain responsible for him and his actions. I will keep in close touch with his progress and plan to visit as able. Peter has refused to see you in over eight months and indicates to myself and others that he does not wish to see you. I find this unfortunate and I also recognize that his attempts to meet with his siblings have been met with resistance. Peter will supplied with phone cards on a regular basis so that he can have the means to contact you, Sean and Amelia as he chooses. Peter is expected to depart sometime between the 23-25th of February. You are free to contact Peter or myself for any further details at 717-776-3860. Sincerely, be HAROLD RYNARD PLAINTIFF V. ROBIN L. HINK.LE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2325 CIVIL ACTION LAW 1NCUSTODY ORDER OF COURT AND NOW, Friday, April 27, 2001 , 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, Mechaniesburg, PA 17055 on Tuesday, May 22, 2001 at 8:30 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 ora 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: Is/ Dawn S. Sunday, 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 ATFORNEY 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 HAROLD RYNARD, Plaintiff VS. ROBIN L. HINKLE, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-2325 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~~OJ~ ~ day of , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall schedule a session with Georgi Anderson, LCSW, BCD, RPT-S, in order to reunite the parties' sons Sean and Peter, in a counseling setting, at which neither parent shall be present. The Mother agrees to pay the cost of the first session. The cost of any subsequent sessions for Sean and Peter only shall be shared equally between the parties. The parties shall follow any recommendations made by Georgi Anderson with regard to both developing further contact between Sean and Peter and also between the boys and each parent. 2. In the event Georgi Anderson recommends termination of the counseling with Peter and Sean, the parties agree that at least 4 additional visits between the boys (with neither parent present) shall take place under the supervision of the Mother's sister, Rita Bruckner. 3. After Sean and Peter have had 4 visits without the involvement of either parent, the parties shall cooperate in scheduling a 3 hour visit for Sean, Peter and the Father. Thereafter contacts between the Father and Sean shall be expanded as appropriate on an ongoing basis, with the specific dates and times to be arranged by agreement of the parties. 4. The parties shall cooperate in obtaining reports from Peter's psychiatrist, following his appointment on October 3, 2001. The parties acknowledge that it is their goal to reestablish the relationship between Peter and the Mother, as well as between Sean and the Father. To that end, the parties shall follow any recommendations issued by Peter's psychiatrist concerning initiation of contact between Peter and the Mother. 5. Within 90 days of the date of this Order, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if necessary. Edward E. Guido, Cc: Thomas D. Gould, Esquire - Counsel for Father Herschel Lock, Esquire - Counsel for Mother HAROLD RYNARD, Plaimiff VS. ROBIN L. HINKLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2325 CIVIL ACTION LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Peter J. Rynard Sean M. Rynard January 11, 1987 Father June 26, 1988 Mother 2. A Conciliation Conference was held on September 6, 2001, with the following individuals in attendance: The Father, Harold M. Rynard, with his counsel, Thomas D. Gould, Esquire, and the Mother, Robin L. Hinkle, with her counsel, Robert G. Radebach, Esquire (for Herschel Lock, Esquire). 3. The parties agreed to entry of am Order in the form as attached. Date Dawn S. Sunday, Esquire ¢/ Custody Conciliator HAROLD RYNARD : PLAINTIFF : 01-2325 : ROBIN L. HINKLE DEFENDANT : IN CUSTODY ORDER OF COURT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION LAW AND NOW, Monday, January 07, 2002 , 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 Tuesday, January 29, 2002 at 8:30 AiM 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 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/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is reqtfired 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 ~4E 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 HAROLD RYNARD, Plaintiff-Respondent VS. ROBIN L. HINKLE, Defendant-Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2325 CIVIL ACTION - LAW CUSTODY COMPLAINT FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Petitioner, Defendant ROBIN L. HINKLE, by and through her attorney Herschel Lock and files her Complaint for Modification of Custody Order as follows, to wit: 1. The Petitioner, Defendant Robin L. Hinkle, is an adult individual residing at 28 Lucinda Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent, Plaintiff Harold M. Rynard is an adult individual residing at 42 Chestnut Street, Newville, Cumberland County, Pennsylvania 17041. 3. Defendant seeks to confirm primary physical custody of the minor children the subject hereof, Peter J. Rynard (dob 1/11/87) and Sean M. Rynard (dob 6/26/88). The children were not born out of wedlock. The child Sean is presently in the legal custody of Defendant and the child Peter, while in the legal custody of Plaintiff, is in the actual physical custody of Defendant. During the past five years the children have resided with the following persons at the following addresses: PERSON Sean Defendant Peter Defendant Plaintiff's cousin (Vickey Rooney) Plaintiff Defendant ADDRESS 28 Lucinda Dr. Carlisle, PA Newville, PA Kittery, ME Newville, PA 28 Lucinda Dr. Carlisle, PA DATE 1996 Present 9/98 2/12/01 2/12/01 - 7/10/01 7/10/01 12/7/01 12/7/01 - Present Defendant is the mother of the children and currently resides at 28 Lucinda Drive, Carlisle, Cumberland County, Pennsylvania 17013. She is single. Plaintiff is the father of the children and currently resides at 42 Chestnut Street, Newville, Cumberland County, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is that of father. He currently resides with his wife, Michelle. 5. The relationship of Defendant to the children is that of father. The Defendant currently resides with her boyfriend Gary Christian as well as with the subject minor children. 6. Neither Plaintiff nor Defendant have participated as a party or witness, or in another capacity, in litigation concerning the custody of the subject children other than the filed to the above term and number. Neither Plaintiff nor Defendant have information of a custody proceeding concerning the children pending in a court of this Commonwealth. Neither Plaintiff nor Defendant 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 said children. 7. The best interests and permanent welfare of the said children will be served by modifying the current Order of Court (See Exhibit "A" attached hereto) and confirming Defendant's primary physical custody of them inasmuch as to do so will allow Defendant to continue to provide them with a stable and nurturing environment in which to live, something Plaintiff is unable to do. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child are parties to this action. Respectfully Submitted: '~ERSCHEL LOCKt ESQUIRE ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. ! understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 12/12/01 ROBIN L. HINKLE HAROLD RYNARD, Plaintiff VS. ROBIN L. HINKLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2325 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this2fe~6)0 day of'f?'~[~'"'"~ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court are vacated and replaced with this Order. 2. The Father, Harold Rynard, and the Mother, Robin L. Hinkle shall have shared legal custody of Peter J. Rynard, bom January I1, 1987 and Sean M. Rynard, bom June 26, 1988. Each parent shall have an equal right, to be exemised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding thek health, education and religion, Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of Sean every Saturday morning from 8:30 a.m. until 11:00 a.m. The parties shall encourage Peter to have the same periods of custody with the Father. The parties shall exchange custody of the Child or Children at the North Middletown Police Station. 5. The parties shall obtain counseling for the Children and the parents with Kevin Heller at the Stevens Center. The purpose of the counseling shall be to assist in reestablishing the relationship between the Father and the Children and to obtain recommendations with regard to expanding the partial custody schedule for Scan and initiating and expanding the schedule for Peter. An additional purpose for the counseling shall be to establish cooperation between the parties to avoid future conflict which is detrimental to the Children. The parties shall follow the recommendations of the counselor with respect to the frequency and duration of counseling as well as the participation of each family member. The Mother shall contact the Stevens Center within 7 days to schedule the initial intake. 6. Both parties shall encourage and foster the relationship between the Children and the other parent. BY THE ~ Edward E. Guido, cc: Thomas D. Gould, Esquire - Counsel for Father Herschel Lock, Esquire - Counsel for Mother %. HAROLD RYNARD, Plaintiff VS. ROBiN L. H1NKLE, Defendant PRIOR JUDGE: Edward E. Guido iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2325 CIVIL ACTION LAW 1N 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Peter J. Rynard Sean M. Rynard January 11, 1987 June 26, 1988 Mother Mother 2. A Conciliation Conference was held on January 29, 2002, with the following individuals in attendance: The Father, Harold Rynard, with his counsel, Thomas D. Gould, Esquire, and the Mother, Robin L. Hinkle, with her counsel, Herschel Lock, Esquire. 3. The parties and counsel agreed that the Conciliator would hold the submission of the Report and proposed Order in this matter until such time as the Conciliator was able to speak with Kevin Heller, the counselor from the Stevens Center and conduct a conference call with counsel. As this has now been accomplished, the Conciliator recommends entry of an Order in the form as attached, to which the parties and counsel have agreed. Date /~/ Dawn S. Sunday, Esquire ~ Custody Conciliator