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HomeMy WebLinkAbout04-3693 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.Otf - ~ (,",,:1 CIVIL TERM ROBIN 1. HARBOLD, Plaintiff LYNN L. HARBOLD, JR., Defendant : IN LAW - CUSTODY COMPLAINT FOR CUSTODY L The Plaintiff is ROBIN J, HARBOLD, residing at 711 Robert Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is LYNN L. HARBOLD, JR., residing at 2001 Red Bank Road, Lot #313, Lewisberry, York County, Pennsylvania, 17339 3. Plaintiff seeks primary custody of the following children: Name Present Residence Age Ashley Marie Harbold 711 Robert Street Mechanicsburg, P A 17055 8 dob 9-3-96 Dustin Lee Harbold Same 3 dob 5-14-01 The child Dustin Lee Harbold was born out of the marriage on May 14, 200L The child Ashley Marie Harbold was born of the Mother on September 3, 1996, and subsequently adopted by the Father. The children are presently in the custody of Plaintiff, who resides at 711 Robert Street, Mechanicsburg, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address Dates Robin 1. Harbold Jerry Cole Virginia Cole 711 Robert Street 6/30/04/ present Mechanicsburg, P A 17055 Robin 1. Harbold Lynn L Harbold, Jr. 3525 Chestnut Street May 2000 / 6/30/2004 Camp Hill, PA 17110 The Mother of the children is Robin l Harbold, currently residing at 711 Robert Street, Mechanicsburg, P A 17055 She is married. The father of the children is Lynn L Harbold, Jr., currently residing at 2001 Red Bank Road, Lewisberry, P A 17339. He is married. 4. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the following persons: Name Relationship Ashley M. Harbold Dustin L Harbold Jerry Cole Virginia Cole Daughter Son Father Mother 5. The relationship of defendant to the children is that of Father. The defendant currently resides with the following persons: Nams: Relationship UNKNOWN 6. 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 or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because Ms. Harbold a.) seeks a continuing active roll in the children's life, b.) that the children have formed a close relationship with her, c.) she provides a living environment that is conducive to child rearing, d.) she has been the primary caregiver to the children for all of their life, e.) and it is in the children's best interest that primary custody be awarded to Ms. Harbold. 8. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE Wherefore, plaintiff requests the court to grant primary custody of the children. WJ)--: e~ William 1. Grubb, Esquire LD, # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717)763-5580 Attorney for Plaintiff ,<;;;:. .. VERIFICATION I, ROBIN l HARBOLD, verify that the statements made in this document are true and correct I understand that false statements herein are made subject to penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. DATE: '~".,-oLf. ~,: 'V'\ :::r.\\O 1 O~ ~\ Robin l Harbold, Plaintiff CERTIFICATE OF SERVICE I, WILLIAM L. GRUBB, Esquire, certify that I have served a copy of the foregoing document on the individual listed below by depositing the same in the United States Mail, Certified, First Class, restricted delivery, postage prepaid, at Camp Hill, Pennsylvania: Lynn L. Harbold, Jr. 200 I Red Bank Road Lot #313 Lewisberry, PA 17339 Date:{- "2 t!-'{ ~.!L P~~.~. William L. Grubb, Esquire 3803 Gettysburg Road Camp Hill, P A l7011 l "- ~ \'. 'V ~ ~ ~ ~ ~ " ;:: ~ cA (j \ ~ ~~ D~ \S~ \ 't,~ , ~ -;r. ",.._l iJ.l ".. c:= ( ...,:~, :Z:I"j j.;" ;:;~: ~ :;;! '" C'::,! 0 ~ -il <- --; c: w:r I i11-n r' l") -nrn en :n 'I' ~:~() -0 ,;: =ri :z ,~ c; 1)>. Z::) m J:~~ 0:'::") W -< ROBIN J. HARBOLD PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-3693 CIVIL ACTION LAW LYNN L HARBOLD, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, AUl(ust 06, 2004 , 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 301 Market Street, Lemoyne, PA 17043 on Tuesday, AUl(ust 10, 2004 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an elIort 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 schednled hearinl(. FOR THE COURT. By: Isl Melissa P. Greev'y, F.sq. Custody Conciliator mhc 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ Q-O~ Oi>- 0-\ ...50 '6d> ROBIN 1. HARBOLD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04 - 3693 CIVIL TERM LYNN 1. HARBOLD, JR, Defendant : IN LAW - CUSTODY PROOF OF SERVICE BY MAIL I hereby certity that a true and correct copy of the Complaint for Custody filed in the above matter, was served on LYNN 1. HARBOLD, JR, by prepaid, first class, certified mail, return receipt requested, deliver to addressee only, at Lot #313, 2001 Red Bank Road, Lewisbeny, PA, 17339, on July 29,2004. Addressee acknowledged receipt of the same on August 7, 2004, as shown by the return receipt card attached hereto as Exhibit "A". I verity that the statements made in this document are true and correct I understand that false statements herein are made subject to penalties of 18 Pa. C.S. ~ 4904, relating to unSWorn falsification to authorities. Date:~6'f ~Wm~~~~' "b- J.D. 7266] 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 _ '!PL-~~J. ~"" .. - "ArtIC ~i'OTl;"~ -----------------------.- -- --~'-""'~I'tI08ipr------ . '--"""1 - Exhibit "A" C) r--) (-. c:::l .-' G :z~ -,I G) r"',) C,) Ul GO AUG 1 3 2004 '(=r If Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3693 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ROBIN J. HARBOLD, v. LYNN L HARBOLD, JR., Defendant TEMPORARY ORDER OF COllRT AND NOW, this 1'1~ day of August, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custodv. The parents, Robin J. Harbold and Lynn L Harbold, Jr., shall have shared legal custody of the minor children, Ashley Mmie Harbold, born September 3, 1996, and Dustin Lee Harbold, born May 14, 2001. 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. 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Phvsical Custodv. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective August 20, 2004 on alternating weekends from Friday at 7:00 p.m. until Sunday at 5:30 p.m. B. Tuesdays and Thursdays from 7:00 p.rn. to 9:00 p.m. C. At such other times as the parties may agree. NO. 04-3693 CIVIL TERM 3. TransDortation. The Father shall call his sister when he gets off work to notify Mother when he will arrive to pick up the children. The parties will then share transportation as the parties agree using either a neutral or curbside exchange. Should Father provide all the transportation incident to the exchange, Mother will reimburse Father for gas expenses one way. 4. Holidavs. The following holiday schedulE! shall supersede the regular schedule: A. Thanksaivina. Each year, Father will have custody for Thanksgiving from the Wednesday before Thanksgiving until 4:00 p.m. Thanksgiving Day. S. Christmas. The parties will share Christmas by an alternating AlB schedule. Segment A shall be from December 23'd at 7:00 p.m. until December 24th at 9:00 p.m. Segment B shall be from December 24th at 9:00 p.m. until December 26th at 5:30 p.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B.. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Alternatina Holidavs. The parties sh,all alternate the following holidays commencing with Father having custody fCJr Labor Day 2004: New Year's Day, Easter, Memorial Day, Independence Day, and Labor Day. 5. Within ninety (90) days of the date of this Order the parties shall register for and attend the Seminar for Separating Families. Following their attendance, the parties shall file a Certificate verifying their attendance. 6. The children shall not be in the presence of Toby (a dog). 7. The children shall not be in the presence of Anthony Cole until further Order of Court or an agreement of the parties. 8. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence or earshot of the children and, to the extent possible, shall prevent third part.ies from making such comments in the presence or earshot of the children. NO. 04-3693 CIVIL TERM 9. 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 Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 10. Communication between the parties shall be limited to issues of coordinating the parenting schedule, and the care and well-being of the children. Regular phone calls for purposes of parenting business only shall occur at 9:00 p.m. on Wednesdays, unless otherwise agreed. 11. This Order is temporary in nature. If within ninety (90) days of the date of this Order an additional Conference is needed, counsel fol' either party may contact the Conciliator by letter to request that the Custody Conciliation Conference be reconvened. J. Cis!: William L Grubb, Esquire, 3803 Gettysburg Road, Camp Hill, PA 170111 ) ~.i nl ~ Susan Pickford, Esquire, 3344 Trindle Road, Camp Hill, PA 17011 ) -. 1- - J CS-{Cf-4 }k Au<ry',--, ",;r18 ['" .nl '.':1. (':} '<.) - -- 6! ~nv ~QDZ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3693 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ROBIN J. HARBOLD, v. LYNN L. HARBOLD, JR., Defendant 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 subject of this litigation is as follows: CURRENTLY IN THE CUSTODY OF NAME DATE OF BIRTH Ashley Marie Harbold September 3, 1996 Dustin Lee Harbold May 14, 2001 Mother Mother 2. An expedited Custody Conciliation Conferem:e was held on August 10, 2004 following Mother's filing of a Complaint for Custody on or ~lbout July 28, 2004. Present for the conference were: the Mother, Robin J. Harbold, and her counsel, William L. Grubb, Esquire; the Father, Lynn R. Harbold, Jr., and his counsel, Susan Pickford, Esquire. 3. After a lengthy Custody Conciliation ConfElrence, the parties reached an agreement in the form of an Order as attached. ~,;)) ~ Melis,sa Peel Greevy, Esqui Custody Conciliator f/12-/6~ Date :233682 , IA' RECEIVED MAY! 6 ~006 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3693 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ROBIN J. HARBOLD, v. LYNN L. HARBOLD, JR., Defendant GUIDO, J. --- ORDER OF COURT AND NOW, this /~ay of May, 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Lynn L. Harbold and Robin J. Harbold shall have legal custody of the minor children, Dustin Lee Harbold, born May 14, 2001, and Ashley Harbold, born September 3, 1996. 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. Pursuant to the terms of 23 Pa.C.S. 95309, 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Phvsical Custody. During the summer months, when school is dismissed, Father shall have custody on three weekends out of four, arranged as follows: A. Two weekends with Father, one weekend with Mother, one weekend with Father. B. A summer weekend shall begin from Friday after Father gets off work and continue until Monday morning, unless the parties agree otherwise. .. ., NO. 04-3693 CIVIL TERM C. It is anticipated that the parties will be flexible with regard to scheduling in order to accommodate Mother having custody on Father's National Guard weekends. D. During the summer school recess, Mother shall have custody when Father does not have custody. E. School Year schedule 1. Weekend Custody - Effective April 28, 2006, the parties will alternate weekend periods of custody from Friday after school until Sunday at 6:00 p.m., commencing with Mother having the first custodial weekend. The parties contemplate that they will need to be flexible with regard to the alternating weekend schedule to provide Father with make-up time when necessary as a result of Mother having custody of the children during Dad's guard weekend duty. 2. Weekday Custody - Each parent shall have custody of the children on two weekdays, which shall be selected by mutual agreement of the parties and in consideration of Father's work schedule. 3. Holidavs. The parties shall split the holidays by their mutual agreement. However, in the event the parties can not agree, the Holiday Schedule attached as Exhibit A shall control. 4. Vacation. The following vacation schedule shall supersede the regular schedule. A. The children may go on a week-long beach vacation with the maternal grandmother and Father during the summer of 2006. Father will notify Mother of the dates for this vacation as soon as they become known to him. B. Each parent shall be entitled to up to two (2) non-consecutive weeks of custody for purposes of summer vacation. For the purposes of this Order, a week shall be defined as eight (8) consecutive days from Saturday to Saturday. 5. A hearing is sch;d.u.Wd in Court~NUmber 3 of the Cumberla y County C urthouse, on the 5""" day of ~06 at ~:J() M~. o'clock ~ .M., at which time testimony will be taken. For the purposes of e hearing, the Father, Lynn L. Harbold, Jr., shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth ~ " NO. 04-3693 CIVIL TERM each party's position on the issue of Mother's choice of babysitter during the work hours, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. Th __ moranda shall be filed at least ten days prior to the hearing date. .~ B Edward E. Guido, J. Dist: .AJnda Clotfelter, Esquire, 5021 E. Trindle Road, Suitei 100, Mechanicsburg, PA 17050 ~san Pickford, Esquire, 3344 Trindle Road, Camp Hill, PA 17011 v Vli'!viH\SNN:id U" 1t')I""- ..." ,-.,,-.t<,"'I"'\ I p.); ,'..', : " -. ~~:h! Iv 6 fJ :8 H~ 6 I At'''' 900l 1;"'\.ItO\I'(""I'r:~.~A :/Hl.:iO Auv.J. IVVI .1_'-''-0,-" .., 381:1.;10-0311::1 . . HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 151 Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 151 Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2nd Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :260898 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3693 CIVIL TERM ROBIN J. HARBOLD, Plaintiff LYNN L. HARBOLD, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 15th day of June, 2006, upon motion of counsel, Father's objection to the use of the baby-sitter is withdrawn, and our Order of May 18, 2006, shall remain in full force and effect. Susan K. Pickford, Esquire For the Plaintiff > M.-v(-e<1 (p-(v- c4 ~ Linda A. Clotfelter, Esquire For the Defendant srs I'\.F<r/~;:- '-:'.:-;;,!;C() EZ :5 W~ 9 \ rnr 9DUl .. iVI'" .. ' ", " ~'H' ;](' ). ;.-.,,1 1 ;,"_'C ,''': '. ""(J.~ I l n.....>-~" ,_.... .<'-~ ....u... v ^1~' ,,_. N1\:\ .,,: ,,_~_;; 1--\ 1,.1 "...',.... ,,' '.".J_'