Loading...
HomeMy WebLinkAbout02-0142Johnson, Duffle, Stewart & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff YVONNE L. RENDE, RALPH A. RENDE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY Yvonne L. Rende, Plaintiff in the above-captioned action, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, hereby files this Complaint for Custody and avers in support thereof as follows: 1. The Plaintiff is Yvonne L. Rende, hereinafter referred to as MOTHER. MOTHER currently resides at 35 Meadowbrook Court, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is Ralph A. Rende, hereinafter referred to as FATHER. FATHER currently resides at 2 York Road, New Cumberland, York County, Pennsylvania. 3. MOTHER seeks partial custody of the following children: Anthony A. Rende, age eleven (11), whose date of birth is July 14, 1990; and Christopher C. Rende, soon to be eight (8) years old, whose date of birth is December 31, 1993. 4. The children were not born out of wedlock. 5. The children are presently in the shared custody of FATHER and MOTHER. 6. Since the children's birth, they have resided with the following persons at the following addresses: From birth until March of 1999 - with MOTHER and FATHER at 2 York Road, New Cumberland, York County, Pennsylvania. From March 1999 until approximately March 2000, with FATHER at 2 York Road, New Cumberland, Pennsylvania, and with MOTHER on 15th Street in New Cumberland, Pennsylvania. From approximately March of 2000 until the present time - with FATHER at 2 York Road, New Cumberland, Pennsylvania, and with MOTHER at 35 Meadowbrook Court, New Cumberland, Pennsylvania. 7. The MOTHER of the children is Yvonne L. Rende. She currently resides at 35 Meadowbrook Court, New Cumberland, Cumberland County, Pennsylvania. She is marded. 8. The FATHER of the children is Ralph A. Rende. He currently resides at 2 York Road, New Cumberland, York County, Pennsylvania. He is married. 9. The relationship of Plaintiff to the children is that of natural MOTHER. She currently resides with the following persons: Nicole L. Valora, age nineteen (19), who is MOTHER'S natural daughter. 10. The relationship of Defendant to the children is that of natural FATHER. He currently resides with the following persons: no one. 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. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 14. The best interest in permanent welfare of the children will be served by granting the relief requested because: The schedule MOTHER seeks is the schedule the parties have been following for approximately a year and a half. FATHER has continually resisted memorializing the parties' Agreement in writing, for no good reason. MOTHER is capable of and desirous of providing a stable and loving home environment for the children. MOTHER and FATHER reside approximately three (3) miles apart and the schedule MOTHER proposes has worked well with no adverse effect on the children for the past year and a half. There is no reason why the parties' current custody arrangement should not be memorialized in writing. 15. 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. WHEREFORE, MOTHER requests that the Court grant the following: Shared legal custody of the children; primary physical custody of the children to FATHER, with MOTHER to enjoy periods of partial physical custody with the children pursuant to the following schedule: A. Alternating weekends from Friday at 4:30 p.m. until Sunday at 9 p.m.; B. Every Tuesday and Thursday from 4:30 p.m. overnight until the start of school the following morning when MOTHER shall deliver the children to their bus stop near FATHER'S home; C. Any other time the parties can agree upon. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER K'eir~ten W. I~avidson :152969 I, Yvonne L. Rende, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ,~4904 relating to unsworn falsification to authorities. Dated: {~ Yvonne L. Rende YVONNE L. RE'NDE : PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-142 CIVIL ACTION LAW RALPH A. RENDE DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Januar~ 23, 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, M~chanicsburg, PA 17055 on Thursday, Februar~ 14, 2002 at 8:30 AM 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: /si Dawn S. Sunday. Esa. ~ Custody Concil'iator - 0 ~ 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 SHOLrLD 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 Postage Cerdfied Fee Return Receipt Fee (Endorsement Required) Restricted De~iver7 Fee (Endorsement Required) Total Postage & Fees · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery ia desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 170 PS Form 3811, July 1999 Domestic Ret_urn Receipt A. Received by (Please Pdnt C/early) B. Date of Delivery 3. Service Type ,~,CerUfied Mail [] Express Mall 102595-99-M-17es YVONNE L. RENDE, Plaintiff VS. RALPH A. RENDE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-142 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT . AND _NOW, this 2 ~ 3h day of \- q f ,o ~ -1 , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Yvonne L. Rende, and the Father, Ralph A. Rende, shall have shared legal custody of Anthony A. Rende, bom July 14, 1990, and Christopher C. Rende, born December 31, 1993. Each parent shall have an equal right, to be exercised 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 their health, education and religion. Both parties shall have equal access to all records pertaining to the Children, including medical and school records. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Mother shall have custody of the Children on alternating weekends from Friday at 5:00 p.m. through Monday at 8:30 p.m. B. During weeks preceding the Mother's weekend periods of custody, the Mother shall have custody of the Children on Monday from 5:00 p.m. until 8:30 p.m. C. During weeks following the Mother's weekend periods of custody, the Mother shall have custody of the Children on Thursday from 5:00 p.m. until 8:30 p.m. D. The Father shall have custody of the Children at all times not otherwise specified for the Mother in this Order. 3. The parties shall altemate having custody of the Children on holidays as arranged by agreement. 4. After following the custody schedule set forth in provision 2 of this Order for a period of at least 3 months, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference to review the custody arrangements within 6 months of the date of this Order. 5. 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, cc: Keirsten W. Davidson, Esquire - Counsel for Mother Kirstin M. Sweigard, Esquire - Counsel for Father YVONNE L. RENDE, Plaintiff VS. RALPH A. RENDE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-142 : IN CUSTODY CIVIL ACTION LAW 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 Anthony A. Rende Christopher C. Rende July 14, 1990 December 31, 1993 Father/Mother Father/Mother 2. A Conciliation Conference was held on February 14, 2002, with the following individuals in attendance: The Mother, Yvonne L. Rende, and the Father, Ralph A. Rende, with his counsel, Kirstin M. Sweigard, Esquire. The Mother's counsel, Keirsten W. Davidson, Esquire, did not attend the Conference. Date 3. The parties agreed to entry of an Order in the form as attached. /---~ ~ I ~/ c)o~o~ Dawn S. Sunday, Esquire Custody Conciliator