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HomeMy WebLinkAbout00-05715 (2)3 SARAH M. SNYDER and, DANIEL LEE ROUNER, Plaintiffs vi. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2000 - 5715 CIVIL TERM DEBORAH K. ROUNER, CIVIL ACTION - CUSTODY DAVID T. ROUNER, Sr. Defendant ORDER AND NOW, this d day of '2012, after review of the Petition to Intervene/Join as Party, the Petition is GRANTED, and the Petitioner may join as a party in the above captioned matter. u of ay o at c oc .m. o us o y, partial custody or visitation n grits w Date: 14?< I7 ra hyottf- I/ J<' v1 baK;el P-Ounei bedorr,h a,,,,or bar.,.d Pot,, e, Sr M? cn r- >C- S? - ?> E SARAH M. SNYDER AND DANIEL LEE IN THE COURT OF COMMON PLEAS OF ROUNER PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA r , C=D -3Z V. M. 2000-5715 CIVIL ACTION LAW r- CO CD DEBORAH K. ROUNER, DAVID T. --- "{rD ROUNER, SR. IN CUSTODY ; DEFENDANT ORDER OF COURT AND NOW, Monday, May 07, 2012 , 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 MDJ Office, 1901 State St., Camp Hill, PA 17011 on Friday, June 08, 2012 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. 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/ Melissa P. Gree Es q. ,AA 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 1i14,014. 0 Wdl1/6IC? /a f?f'/y ) ?? ?C'o Y'" C '` ?40 ??o ? w?a<<?d 1? dP?fs v CUP y ma,Ged IV e7 re pVIy 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /70/ // 09 A r? ell ;) u SARAH M. SNYDER AND DANIEL LEE ROUNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5715 CIVIL TERM CIVIL ACTION - LAW V. IN CUSTODY DEBORAH K. ROUNER, DAVID T. ROUNER, SR., Defendants ORDER OF COURT AND NOW, this day of 2012, upon consideration Custody Conciliation Summary Report, Y it is h red b ordered and directed as follows: 4? h.7 c r- CI1 X r-- < C:: of the aft 1.L#5L 1 /0 in/GS appointed as a guardian ad litem for the minor child, Austin Robert Snyder Rouner, born ay 1, 2000. 2. A hearing on objections to the Court's March 21, 2012 Order granting Bra Hetrick's Petition to Intervene is scheduled in ourtro Number •3 of the Cumbe CRunty Courthouse, on the day of 2012, at /• 'o d o' N .M., at which time testimony will be taken. For the purposes of the hearing, the moving p-, shall be Sarah M. Snyder, Deborah K. Rouner and David T. Rouner, Sr., and Daniel Lee Ro pro se. Counsel for the parties or the parties pro se shall file with the Court and oppc counsel/party a memorandum setting forth each party's position on custody, a list of exhibits, a I witnesses who are expected to testify at the hearing, and a summary of the anticipated testimo each witness. These memoranda, lists of exhibits, lists of witnesses and summaries of anticir testimony of each witness shall be filed at least twenty days prior to the hearing date. 3. Pending hearing, Brandon Hetrick shall have partial custody of Austin Robert S Rouner two evenings per week from 4:00 p.m. to 8:30 p.m. and alternate Saturdays, comme July 21, 2012, from 9:00 a.m. to 9:00 p.m., and at such other times as the parties may agree. B E COURT Edward E. Guido, J. Dist: / Robert A. Kulling, Esquire, 155 South Hanover Street, Carlisle, PA 17013 Y /Robert O'Brien, Esquire, 19 W. South Street, Carlisle, PA 17013 1 f f (?; ?7 Michael J. Whare, Esquire, 37 E. Pomfret Street, Carlisle, PA 17013 /Daniel Rouner, 180 Old State Road, Gardners, PA 17324 e' p;c s *a , led 7f? s?a -; r-; on nd er, ng of of ng A0?6 V SARAH M. SNYDER AND DANIEL LEE IN THE COURT OF COMMON PLEAS F ROUNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2000-5715 CIVIL TERM V. CIVIL ACTION - LAW DEBORAH K. ROUNER, DAVID T. IN CUSTODY ROUNER, SR., Defendants 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 i as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY O Austin Robert Snyder-Rouner May 1, 2000 Deborah K. Rouner and David T. Rounerl, Sr. 2. The Petitioner is Brandon Hetrick, who filed a Petition to Modify Custody on Apri 30, 2012, after his Petition to Intervene was granted by Judge Guido in an Order dated March 21, 2 12. The previous Custody Order in this matter had been entered by the Honorable Kevin A. Hess, .J., on September 17, 2000. A Custody Conciliation Conference was scheduled for June 15, 2 )12. Attending the Conference were the following: Sarah M. Snyder, the biological Mother, and her counsel, Robert O'Brien, Esquire; Daniel Lee Rouner appeared pro se. Mr. Rouner is the Father named on the birth certificate; Deborah K. Rouner and David T. Rouner, Sr. were represented by Michael Whare, Esquire. They are the parents of Daniel Lee Rouner; Brandon Hetrick, the putative genetic Father, appeared represented by Robert Kulling, Esquire. 3. Brandon Hetrick's Position is as follows: The Petitioner believes that he is the ge etic Father, based on a test that he obtained independently. He seeks primary custody of Austin, and claims that he had equally-shared custody of Austin by an unwritten mutual agreement with the Defendants and that this arrangement continued until October of 2011 after he disclosed the results of the genetic test. Mr. Hetrick believes that Deborah K. Rouner and David T. Rouner, Sr. are feeding "Austin negative information." He disputes their representations that Austin does not wait to spend time with him and says that his conversations with Austin indicate otherwise. Mr. Hetrick would not object to a Court-ordered genetic test, if the Court would order it. 4. Respondent's Positions are as follows: Counsel for Mother and the Rouners would like to have a hearing on Mr. Hetrick's Petition to Intervene, as they maintain that their clients were never served with a Petition and that an Order was entered granting Mr. Hetrick's Petitio to Intervene without the opportunity for their clients to be heard. Counsel for Mother also indicates that he may raise the issue of paternity by estoppel if such a hearing is granted. All parties seem to have a factual dispute regarding Mr. Hetrick's willingness to take a DNA test in the past, as he claims that he had been willing and Mother claims that he refused. Daniel Rouner, who was named on the irth NO. 2000-5715 CIVIL TERM Certificate as Father, may also claim paternity by estoppel. However, he is unrepresented. The Mother, and David and Deb Rouner, agree that Austin may continue to see Mr. Hetrick whe he wishes. However, Sarah Snyder and Deb Rouner do not want him to be forced to see Mr. Hetrick and claim that he is scared as a result of the custody litigation. Deb Rouner specifically represents that the child put himself in the hospital to avoid custody litigation. Daniel Rouner also believes that it should be up to the child whether or not to see Mr. Hetrick. All parties represented, and Daniel Rouner, agreed that a guardian ad litem should be appointed! for Austin. However, no one indicated a preference as to who should be appointed. 5. The child. Austin is twelve years old and was psychiatrically hospitalized from May 30, 2012 until June 11, 2012. He has an IEP at school and receives in-home services. His diagnoses include Intermittent Explosive Disorder, Attention Deficit Hyperactivity Disorder Combined Type, and Mood Disorder Not Otherwise Specified. He will be receiving emotional support and learning support services at Lamberton Middle School in the fall. He is being followed by Dr. cott Trayer of Franklin Family Services for Zoloft. His first appointment is June 25, 2012. All pa ties agree that Mr. Hetrick continue to be involved with Austin's in-home therapy program so that he can receive their assistance to the extent that Austin wants to spend time with Mr. Hetrick. 6. There was no agreement to provide any required contact for Austin with Mr. Het ick. While it is necessary to arrange a hearing in this matter, it is this Conciliator's opinion that the appointment of a guardian ad litem for Austin would be appropriate and that the Court would be assisted by information from a mental health professional with regard to how to best address any reconciliation work that needs to be done between Mr. Hetrick and the child. Based on representation of counsel, it appears that the parties are without sufficient means for a cus ody evaluation to occur. lhi Date Melissa Peel Greevy, Esquire Custody Conciliator 501566 IFI<K) R, UL'III, RII H,1F.D 1+' S LI.11 ?:1?'; Ei??tt y1) C `11err- I?. G11) V' llI I I CI I;IIIN a ?Iliotis JE.I FLR?(iN J `?UIP111^; ]OIIN R NINii;;Y MI?H:AI:I ? d,:',SSfI?l NIfI.ISSA PI:l 161Ar[ -I W,Dt_ 1) J(MSON DUFFIE July 13, 2012 Melissa Calvanelli, Court Administrator Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013-3387 Dear Melissa: I L'AITTI1 1). 4 NOVFR o"m E. HdFFn1AN N B MI'CLAIN Ion r', L1,CY I I) SSES S- ', ILSON it LLV A PIILLIPS OF Q UNSEL I i, )RACE A. ) IINSON C ROY WEID JF,R. (R. ?0\,`,G1NCE P. BRUNT WRITER'S ENO. 118 E-MAIL mn dsw.com Enclosed is the recommended Order and Conciliation Summary Report on the fo matter. Envelopes addressed to counsel and/or Pro Se parties are also included. Sarah M. Snyder and Daniel Lee Rouner v. Deborah K. Rouner, David T. Rouner, Sr. No. 2000-5715 rY ly yo ?s, HNSON,-?UFFIE, STEWART & WEIDNER 01?? 0?? Melissa Peel Greevy Custody Conciliator MPG:ahm:505089 12844-1 Enclosures 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 W'WWIDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@IDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. SARAH M. SNYDER and DANIEL LEE ROUNER, Plaintiffs and SARAH ROUNER, Intervenor V. NO. 2000-5715 CIVIL TERM DEBORAH K. ROUNER and DAVID T. ROUNER, SR., Defendants CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 6th day of August, 2012, upon motion of the Intervenor, and without objection from the other parties, our prior Order allowing Brandon Hetrick to join as an Intervenor is vacated, and Sarah Rouner is hereby granted permission to join as an Intervenor in this action by virtue of her in loco parentis status. By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edward E. Guido, J. Robert L. O'Brien, Esquire For Plaintiff Sarah M. Snyder Daniel. Lee Rouner Plaintiff, Pro se v Robert: A. Kulling, Esquire For the Intervenor i/ Michael J. Whare, Esquire For the Defendants Joseph L. Hitchings, Esquire G.A.L. for the Child srs 6416P,P5 Ala le- .cka J < --r > `.. - SARAH M. SNYDER and DANIEL, LEE ROUNER; Plaintiffs and SARAH ROUNER, Intervenor V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5715 CIVIL TERM DEBORAH K. ROUNER and DAVID T. ROUNER, SR., Defendants CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 6th day of August, 2012, a hearing on the Intervenor-Is Petition to Modify Custody is scheduled for Friday, September 14, 2012, commencing at 9:15 a.m. Pending said hearing, primary physical custody shall be in the Defendants, Deborah K. Rouner and David T. Rouner, Sr., with partial physical custody in the other parties and the Intervenor as the parties may agree. We will speak to Austin in chambers on the record without the presence of anyone else (this having been agreed to by the parties) at the commencement of the hearing. He may thereafter be dismissed. We will take the testimony of any professionals by telephone without the need of any party filing a petition. Aside from the guardian ad litem, nobody is to discuss this custody case with the child. By the Court, Edward E. Guido, J. i ' " r Robert re Brien, Esqu L. O --a Daniel Lee Rouner >'c ? Robert A. Kulling, Esquire k ? :"Michae l J. Whare, Esquire ? Joseph L. Hitch:ings, Esquire c' srs 6S ^ei. e-,el 9 /.2 Pte! AUTHORITY TO PAY COURT APPOINTED COUNSEL ~ A~~ ~ ~ ZO1Z t. COURT 2. VOUCHER /~ ee ^ District Justice ,Common Pleas ^ Appellate ^ Other N~ ~ '} ~ Q v 3. FOR (D.J., C.P., APPELLATE) 4. AT (CITY/STATE) 5. UDGET COD CG/' ~r~ ~ /IA /~ ti ~ -~ 6. IN THE CASE O ~ ~ T. CHARGE/OFFENSE (PUR ON CITATION) 8. O PETTY OF O FELONY ^ MI ENSE DEM ~~ ~ ~ p~ n ~ ~ ~t/ vs ~ f l /} EANOR 9. P OCEEDINGS (Describ e briefly) 11. PERSON REPRESENTED 12. CIVIL DOCK T NO. ( CV 1-~ ~ ~ fi ~ t ^ Oslsndant -Adult c / C t: ~ 2 ^ Oetendant • Juvenile '- QQ ( 3 ^ Appellant 4 ^ Appellee 13. CRIMINAL D CKET NO. 5 ^ Habeas Petitioner 6 ^ Material Wrtnsss 10. PERSON REPRESENTED (Full Name) 7 O Parolee Charqed With Violation g ^ Probationer Charqed With Vioation 14. APPEALS D CKET NO. p v5- ~~ S^7~t! JQO 'f' r ~ 9 .~ Other. --Tv t/2~ -J` _ 6A~ JJ a c n /~ X/ ~nt c, ~;~ 16. NAME OF ATTORNEY/PAYEE AND ~ Appt Dale ~ ~ ~ a MA!IL(I~NpG ADDfRESS /`~~ ,,(, /~ ~ \~ ~ ~'~ NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE ~' ~~ ~~~ > 70 ~ r-t e ~ la., r ~J s, 17. TELEPHONE No. 18. SoClAI.sECURirr O OR EiN NO ~~ - s~- t~.t3 - 9 CLAIM FOR SERVICES OR EXPENSES 19. SERVICE HOURS DATES U L~7CitMED a. Arraignment and/or Plea MW is ~h n M if s total u e b. Preliminary Hearing h . Erto e ~ r r ._ arifif6wcom- CMotions and Requests C; j -O ~ -- d f9ai1 Hearings ~ ~ -- ~ C.7 ~ e. Sentence Hearings ~ ~ -~.J ~ ~ ~ ~ I U 2 f. Trial ~ t'.i ~ ~ ~ ~ -rF q. Revxation HpNngs ~ Q '"` ~~ CJ ~., ^ ~ h. Juvenile Hearings r ~ ~} t e i. AppeNs Court 1911 TO L 1 O ~f COMP. ° 1 Othar (Spedfy on additional sheets) ~ i~ ~ ~ _,~ TOTAL HOURS = ~ ~ ~ X X55 PER HOUR s S ~ ~ ~' ~7 t~ / 20. a Interviews and conferences ~ rx Z MNitiply rob per h ur times total ~ 0. Obtaining end reviewing ree:oros ~ , hours. Enter total Compensation Del ut of Court" O Q c Legal resesrch and txief wrlKng s t- ~ O U d. Investigadw and other wtxk (Specify an ati~6ona1 streets) 20A. TOTAL OUT F COURT t"'t- >' tu/' ~` ~ (. C ( COMP. TOTAL HOURS = ~' ~ s X $45 PER HOUR S ~ ~ r"~ O'O / 2t. ITEMIZATION OF REIMBURSA~E EX PENSES AMT. PER ITEM Mile r mite x ~ Please contact Court Administrator for current mileage rate 2 -- O 21 K TOTAL ITEM 2ED EXP. = S 22. CERTIFICATION OF ATTORNEY/PAYEE 23. GRAND TO TA CLAIMED. Has compensation and/w reimbursement for work in this case previousy been applied fort ^ YES ~ NO If es were ou aid? ^ YES ^ NO If h b id? H h? T = : 3 `7 y , y p yes, yw om tArsro you pa ow muc Has the person represented paid any money to you, or to your knowled(,le anyone else, In connection with the matter for 24. DEDUCT. PRI R PYMTS. which you were appointed to provide rep t 7 ~ YES ENO If yea, give details on eddi on t sheets ' S t swear or affirm the truth or correctness 25: NET AMOUNT LAIMED of the above statements omey/Psyse Dale _ : 3 ~ I . cS"a ~ 28.nr•wvovt u cc~u r~arraENr Signature d ! Judge ~ ~ Oate:~ ~ 3 " ~~ 27. AMT. APPRO ' s 3 T/. O ~~ Copy t -Mail to Court Administrator at completion of service l r AT'T'QRNEYANI> C'OUNSELQR AT LA Hr Rossmoyne Business Center 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Tel: (717) 458-8123 Fax: (717) 790-6019 Email: hitch67@comcast.net August 9, 2012 Melissa H. Calvanelli Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Snyder and Rouner v Rouner and Rouner No 2000-5715 Dear Ms Calvanelli: Enclosed please find Voucher No. 14706 for court appointed work that I performed in the above case. If you need any additional information, please do not hesitate to call me. Thank you for your attention to this matter. Enclosure(s) Cc: Mike Leo Very truly yours,