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Home My WebLink About02-0406 Jacob Neil, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.02- "";0(, CIVIL TERM Gayle Hande, Defendant : CUSTODY COMPLAINT FOR CUSTODY I. The plaintiff, Jacob Neil, resides at 1065 Myerstown Road, Gardners, 17324, Cumberland County, Pennsylvania. 2. The defendant, Gayle Hande, resides at 4344 Carlisle Road, Gardners, 17324, Cumberland County, Pennsylvania. 3. The plaintiff seeks custody of the following child: Name Present Residence Age Allison Neil 4344 Carlisle Road Gardners, P A 17324 I , D.O.B.: November 21,2000 The child was born out of wedlock. The child is presently in the custody of Gayle Hande, who resides at 4344 Carlisle Road, Gardners, 17324, Pennsylvania. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Gayle Hande (Gayle Hande and Jacob Neil) Address 4344 Carlisle Road Gardners, P A 17324 Date I % I to present (Two weeks in November 2001) Gayle Hande, Jennifer and Joe Hande (Defendant's Parents) Ballpark Road Gardners, P A 17324 6/01 to 10/01 Gayle Hande Glebe Avenue Newville, P A 17241 3/01 to 6/01 Jacob Neil, Gayle Hande 9 East Street 11/21/00 to 3/01 Mt. Holly Springs, P A 17065 The mother of the child, Gayle Hande, currently resides at 4344 Carlisle Road, Gardners, 17324, Pennsylvania. She is single. The father of the child, Jacob Neil, currently resides at 1065 Myerstown Road, Gardners, 17324, Pennsylvania. He is single. 4. The relationship of plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Name Richard and Julie Neil Justin Neil Jared Neil Relationship Father and Mother Brother Brother 5. The relationship of defendant to the child is that of natural mother. The defendant currently resides only with the child. 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: a) The father has had a relationship with the child since her birth and it is in the child's best interest to continue that relationship. b) The mother has not acted in the child's best interest by denying the father reasonable contact with the child since the first week of December 2001. c) The father is the parent who can best facilitate contact with the child and the other parent. d) The father has cared for the child and can continue to provide for the child's needs. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant him shared legal custody and physical custody of the child every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m., every Tuesday from 5:00 p.m. until Wednesday at 5:00 p.m., alternating holidays, and periods of custody during the summer, and other times that may be mutually agreed upon by the parties. The plaintiff further requests any other relief which is just and proper. ~~ Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 Jacob Neil, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-~' CIVIL TERM Gayle Hande, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allowJ'a..cp b ..tt;I.PlaintifflDefendant. to proceed in forma pauperis: I. Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. ~~ Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 The above-named PLAINTIFF, Jacob Neil, verifies that the statements made in the above COMPLAINT are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. !i4904, relating to unsworn falsification to authorities. Date: 0 I - \ ~ - 01.. JOCOb:t~~ (") C".> (") c: r,) 'j': ?f:: r__ un.: :f::.. rn".. ",,::0" ~~ :J:" r" IT'1 Z ['. Q":Jr. .;.:~ <r~: -<2~ '; .L ~C -ry ~::~j ~F: ")>-- ~. ;--~? ~~ Z~) :'P8 (jm ~ U'I ~ f;,) ~ J PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACOB NEIL V. 02-406 CIVIL ACTION LAW GAYLE HANDE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, February 04, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, February 27, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be rnade 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 rnay 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 aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the couciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. Vernry. Esq.NA 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 accomrnodations available to disabled individuals having business before the court, please contact our office. All arrangements must be rnade 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 ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY 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 I, . d ~~ ...- ~ ~ ('''.51' ~r ~ ~ ~ -e(/''__l- e (~---:~~(5) '.5X ?- ~ ~.~ eo~~.C" VIN't\lASNN3d AlNnOJ (}r!'ifl':,J8:/~n8 s S : II HV S - 83.:l 20 AcNJC:,} . ....1- 3~)I,j~':D-(..!~]lj.:J ~() ~~ .' MAR 1 5 2002 \) JACOB NEIL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2002-406 CIVIL TERM GAYLE HANDE, Defendant : CIVIL ACTION - LAW : IN CUSTODY AND NOW, this day of consideration of the attached Custody C follows: , 2002, upon is ordered and directed as I. The Father, Jacob Neil, and the Mother, Gayle Hande, shall have shared legal custody of Allison Neil, born November 21,2000. 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 her health, education and religion. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as follows: A. March 20,2002 and March 27,2002 from 5:30 a.m. to 9:15 p.m. B. Alternating weekends beginning Friday, March 29, 2002 at 6:00 p.m. to Sunday, March 31, 2002 at 8:00 a.m. but thereafter on alternating weekends, from Friday at 6:00 p.m. to Sunday at 6:00 p.m. C. Every Tuesday from 5:15 p.m. to Wednesday at 9:15 p.m. The parties are to negotiate this overnight in the event Mother's college schedule changes. 4. The parties shall share the Christmas Holiday which shall be divided into two Blocks. Block A shall be from December 23 at 8:30 p.m. to December 24 at 8:30 p.m. Block B shall be from December 24 at 8:30 p.m. to Christmas Day at 8:30 p.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 5. Thanksgiving shall be shared such that Mother shall have the child until 2:00 p.m. and Father shall have the child from 2:00 p.m. to 8:00 p.m. 6. Mother shall be responsible for all transportation unless otherwise agreed by the parties. ( 7. Neither party shall use illegal drugs or excessive alcohol while the child is in their custody. 8. In the event that either party is in need of babysitting services for longer than three (3) hours, they shall contact the non-custodial parent within a reasonable time and offer the babysitting opportunity to the non-custodial parent. 9. This Order is entered pursuant to an agreement ofthe 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. Another Conciliation Conference is scheduled for May 30, 2002 at 8:30 a.m. BY THE COURT, J. MAR 1 5 2002 cc: Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Father. . ~ .5..:J5. ():L Lisa Greason, Esquire, Counsel for Mother ~ C}-. '. V:i'!V/\lASN,~3d ALNnO:.! r-\I',~,r:I~.l~~J/~nJ ~ 71'" L1U: ,.,,.; G ;'~." 77 \,.':.,,;. >J 20 l.U'/j,~,.: - JACOB NEIL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2002-406 CIVIL TERM GAYLE HANDE, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None 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: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Allison Neil November 21,2000 Mother 2. A Conciliation Conference was held in this matter on March 13, 2002, with the following individuals in attendance: The Father, Jacob Neil, with his counsel, Joan Carey, Esquire, Mid Penn Legal Services and the Mother, Gayle Hande, with her counsel, Lisa Greason, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. 3-1 S--o 1- Date ~fvt,V~ cqu ne M. Verney, Esquire .Y Custody Conciliator , GAYLE L. HANDE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN CUSTODY JACOB A. NEIL, Defendant : NO. 2002-406 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER I. The petition of Ms. Gayle L. Hande, by her attorneys, the Family Law Clinic, respectfully represents that on March 22, 2002, an Order of Court was entered for custody of Allison Neil, born November 21, 2000, a copy of which is attached. Under the existing Order, Mother has primary physical custody of the child. Father has partial custody of the child. Father is to have physical custody of the child on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., every Tuesday from 5:15 p.m. to Wednesday at 9:15 p.m., and holidays to be shared by the parties. 2. This Order should be modified because: a. The parties have not followed the order since April of2002. b. Father has not exercised an overnight visit since April of 2002. c. On January 15,2005, Father left the Commonwealth of Pennsylvania and did not return until October of2005. d. Mother believes that Father currently is unemployed, has used illegal substances while having the child in his custody, and does not have a stable residence. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Mother primary physical custody with Father having supervised visitation gradually increasing to alternating weekends, because it will be in the best interest of the child. Date: ;t(f(l{j1 ~I J$6 ~~l -- Certified Legal Inte THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX WILLIAM G. MARTIN Supervising Attomeys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 , VERIFICATION I verify that the statements made in this petition are true and correct. I lmderstand that false statements herein are subject to the penalties of 18 Pac C.S. ~ 4904 relating to unsworn falsification to authorities. Date: J. - d 7- 0 Ifl ~J~ M . Ga L. Hande .( . \ '. ': ":',.~.'\ . ,~ :l:::"j'_,'Y:;':'.., iJ' ;~i<<,:.!:!..7;!.. " ;"r;.:C"" .' ','. ~ MAR 10>299 ""',' ~.:/::. '.'i:~~~~J';(- .;"':,::":::'~:,: ,," . . , . .,. '. !~:>c,;,., JA.(:()B N~IL. ",.", ',;, . '>,'.' . GA. YLEIL\J'lDE.' . .. . . . Defeodut . .,.~~,.i.' .,,<,; . . Q;,~~;~;~i:;'/_' -,"',::::',:.,:., . fl~" 'V. :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COuNTY, PENNSYI., VANIA : NO.2002-406 CIVIL TERM . .. . : CIVIL ACTION. LAW . . : IN CUSTODY ORDER OF COURT "J. Hd '~': I :::\ I'.... .-- .,. , C. Every Tuesday from 5:15 p.m. to Wednesday at9:IS p.m. The parties are' ". to negotillte this overnight in the event !>.fother's College schedule changes. '.' .,.. .4..' The parties shllII share the Christmas Holiday Which shall be divided into . .. two.BJocks. Block A s!>.a11 be from December 23 at 8:30 p.m. to Decem.ber 24 at 8:30 . . '. '. ..p.m. BIQclc B shall be Yom DeCember 24 at 8:30 p.m. to Chri.stnias O,.y at 8:30 p.m. ,.MotAAr shall !lave EUoc~ A in odd numbered years and Block B in even numbered years. Father shall !lave Block A in even numbered years and Block II in odd n\lm~ years. . . ....5. 1'hanksgivingshall be shared such that Mother shall have the child until .' 2:0pp'!ll' and Fat\1er ~llll (lave the child from 2:00 p.m. to 8:00. p.m. . ":,' .' r ',',,' "". ,'" . "", ,,[ '.r' , 6. >Ml,lthershallberespopsibJe tOI' all transportatiQn \lIlless otherwise agreed by tl1eparties. . .. ; \ ~< i't:.~i! {\'I', .'Iii.':' ~\~ ;,,' ;,", ~tjj~1~iilt. ' "'dn:~l..:,.,.".,. ~'):,;F:~;l)f.;I:?h,'.;,'-;, ::,>;:' . r;>lrl':"''');~)f'''''' ~i~~:':~':',:~-;)t,~~,:<,:,.:,,~,: ;,' , ..' . .' . . &;;)''2' '!(i;;.<;:,':~:JOAA Carer, Esq~. M~d Penn Legal ServICes, Counsel for Father ~ii',' , ' 0~: '.....' 'Li~ ~Il, E$quire. Counsel for Mother , .,,~' -.'. ,,-" . . ~ ,.. ,. ",'.' ~~~~,~~!~:.i " ":...,, ",<',,, .: p,'7., Neither party shall use illegal drugs or excessive alcohol while the child is "1~I:r,1 " . . ";,'c', iilJ their C1.lStody. ,..;L ;.~.',:~i~}r.-};'" , ),' ,,' 8. . en the event that either party is in need of babysitting services for longer ,;i:;;:": .,/: '. tl:!.an, three (3) hours, they aIuIll contact the non-custodial parent within II reason;lble time .' . ,'i:;~'1r;:.:llJ:I~ otTer the baby~tting llpportunity to the non-custodial parent. " " ,.' . 1".- " "! iF .':;:.'" . ' t;;"~':rL": ,'9:," , This Order is entered pursuant to an agreement of the parties at a Custody"" W(f:\:;<:;pll.l(il~io~ Confer~e. The parties may moditY the provisiolls offhis Order by mulllal. :. .,;;r.'/;,;'.'Qonscnt.,1n.the ~ of lIlutual consent, the terms of this Order shall control. Another '/:9qll.li~li\UiollConfere~e L>/lChedlJled for May 30, 2002 at 8:30 a.m. BY THE COURT. /,/ I I J1..".I dol J g J,Lrf'" I J. , . --.- ,-------- 'fRUE CO?V FROM RECORD In Te~tlmonywhi)r~ni, lll~r~ unto sill my hand, I I', ','1 r . 'f~t "1 1~._...H..,h. 0.-.' j)iV~ 1~.a $'2.;1 (lY ,~:>':"...;"""" _ t,.:. V(..I j;''';~'':'~ 10. Th!:,; J;/~daYIJ~1;;<".. ~Q-o..L.' ( ~.,_{). __,_J ,~ . , Prolhqoular; .'.... . o \=~'. ,',' l"--_.:'> ,_. ~.-;. ~,,;;;;l ,,::,". .") ='n :::;l _.~- -r" ':~W, (-:1 , ,~,'n , ~;-,".! ,:'~1 :.< -- _t\... ~~'; ~"'..., N -,'" -> r~? (~) GA YLE L. HANDE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JACOB A. NEIL Defendant : NO. 2002-406 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Ms. Gayle L. Hande, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the paJiy. Date J/Z-1-(Oh I / {~~~ ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 o '".~ ,..-" r-..) ~;, C~ c.:;"' () "01 :::::J r\l;'."'- =;:". S~; \",,-) N ...,-, ~- ....',~ C..:l GA YLE L. HANDE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-406 CIVIL ACTION LA W JACOB A. NEIL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW. Mon~"h March _22,,2006__~_, upon consideration of the attached Complaint, it is hereby directed that parties and their respectivc counsel appear before Hubert X. Gilroy, Esq. at ~thF!o~r,<::utJ1be.':land County Courthouse, Carlisle on _.____Ih-".r~~x.....~ay 04, 2006 , the conciliator, at 10:30 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 detlne and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older mav also be present at the conference. Failure to appear at the conference may provide grounds Itlf 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 Cuslody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By:_ /5/__ _ H/J~ert 4.J!i1rm Esg'._IiJl'-- (. ustody (oncillator ," 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 hearlng. YOU SHOULD TAKE THlS PAPER TO YOUR ATTORNEY AT ONCE. JF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIl 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 ~~/7?<'- JJ. .-"-~ j""d'.??r ~/ ~o (c C '. -~;? .~ /fT''''?>1/ ?~.,;7t.< -,70 (c. r . 7;:T ~ /frori k1/? . )'''970 (, -r c~ ,\ .':"~'/.:rY) '"'~ -, III li::l:C. .,Ij L"'J \"'11 '''-''!"1 v dt';';J )1..'00 !(~ ::l0 GA YLE 1. HANDE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JACOB A. NEIL, Defendant : NO. 2002-406 CIVIL TERM CERTIFICATE OF SERVICE I, Jeffrey Stovall, Certified Legal Intern, the Family Law Clinic, hereby certify that I served a true and correct copy of a Petition to ModifY Custody Order on the following person by first class U.S. Mail, postage prepaid, on March 22, 2006: Jacob A. Neil c/o Julie Neil I065 Myerstown Road Gardners, P A I7324 Date: 3/zfi /O?7 I I F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 tt;;t 1-'; S: ~.J f'o.> ", o....:~ ....n c":' ::,-:1 [-\1 :. GAYLE L. HANDE, Plainti1c + O>t-f'l"" vi" : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA s,~ 'V; -k : CIVIL ACTION - LAW : IN CUSTODY JACOB A. NEIL, Defella<HH P("'~1 ,ff : NO. 2002-406 CIVIL TERM PRAECIPE TO WITHDRAW PETITION TO MODIFY To The Prothonotary: Please withdraw the Petition to Modify Custody Order at the above-captioned docket. CS~ '{ fu~~ Sarah L. Rubright Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys Date: +12.1 f 0 la ,\ c~~ i ,MAY 0 P 101" '_, ...1, ---.:.;,.~ GAYLE L. HANDE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW JACOB A. NEIL, Defendant NO. 02-406 IN CUSTODY COURT ORDER 0r--1 AND NOW, this I) day of May, 2006, The Conciliator being advised that the Plaintiff has withdrawn the action, the Conciliator relinquishes jurisdiction. HU~~ Custody Conciliator \I'l\".\'v':\,,~SNN3d I I'lr'-"'- "-.,, ,-' '-""I!>'nO NJ'-: \\"),' I ','C' IH:>"j~~, co :0\ ~~'V 0 \ ^ 'tJ~ ~"UZ ,\tN10NOrilO'dd 3Hl::iO 38\~~.o-Gjll:\