Loading...
HomeMy WebLinkAbout04-6364NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF CHAD R. VAILLANCOURT, Plaintiff v. RENEE HIPPENSTEEL, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004 -CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Chad R. Vaillancourt, by his attorney, Nathan C. Wolf, Esquire, and respectfully represents as follows: 1.) Plaintiff is Chad R. Vaillancourt, (hereinafter "Father'), an adult individual, who resides at 128 East Liberty Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2.) Defendant is Renee I-Eppensteel, (hereinafter, "Mother'), an adult individual, who resides at 373A Sherwood Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3.) Father seeks an order granting shared legal custody and partial physical custody of the parties minor child, namely: Na= Kadin Jacob Green Present Residence 373A Sherwood Drive Carlisle, PA 17013 4.) Mother and Father are the natural parents of the child. AP 2 years DOB 5/21/2002 5.) The child was born out of wedlock. 6.) The child is presently in the custody of Mother, who has granted only limited periods of visitation and partial physical custody to Father. The child has lived in the primary custody of mother since birth, but the Father has had at least some periods of custody throughout the child's life. 7.) The parties were never married. 8.) Father 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. 9.) Father has no information of a custody proceeding concerning the child pending in any court of this Commonwealth or any other state. 10.) Father 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. 11.) The best interest and permanent welfare of the child will be served by granting the relief requested herein because Father has repeatedly made efforts to enjoy periods of custody with the child, and to develop a strong and meaningful relationship with the child. Father has been limited to brief and sporadic periods of custody with the child according to Mother's wishes and desires. 12.) Father seeks to have a more meaningful and substantial relationship with the child, and seeks to have regular periods of custody to develop that relationship. 13.) Mother has on previous occasions, refused to allow Father to see the child out of spite or anger. 14.) Father has repeatedly been excluded from making medical decisions as to treatment for the child, including recent heart surgery to repair a congenital condition at Hershey Medical Center. 15.) Father believes that without an order confirming shared legal and partial physical custody of the child with him, that Mother will continue to severely limit the child's relationship with Father and will continue to alienate the child from his Father. 16.) Father maintains a stable household and environment within which to care for the child. WHEREFORE, for the reasons set forth herein, Plaintiff, Chad R Vaillancourt, respectfully requests that the Court enter an order confirming shared legal custody and establishing a schedule for partial physical custody of the child to the Plaintiff, along with granting any other relief the Court deems appropriate. December 17, 2004 NATO C. "LF, ESQUIRE 37 Sou anover Street, Suite 201 Carils-le, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 87380 VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.CS. Section 4904, relating to unworn falsification to authorities. December. i D_, 2004 Chad R. Vaillancourt "_J 1? ?,' r, ???? i 7 ??? - .-? ??, (._ `} _T x . ? s ?1' . ? ? ? - ..???i-G'7 : ? ? S ~? e .. ?? ? - w re,? ..ry \ \?\ )? V 1 rEp 0 3 2p'r..`i CHAD R. VAILLANCOURT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RENEE HIPPENSTEEL, NO. 04-6364 Defendant IN CUSTODY COURT ORDER AND NOW, this ?11 day of 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The Father, Chad R. Vaillancourt, and the Mother, Renee Hippensteel, shall enjoy shared legal custody of Kadin Jacob Green, born May 21, 2002. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: a. On alternating weekends from Friday at 5:30 p.m. until Sunday at 5:30 p.m. b. One evening a week which will be Wednesday unless agreed otherwise between the parties. The time shall be from 5 p.m. until 5 p.m. the next day. c. At such other times as agreed upon by the parties. 4. Legal counsel for the parties shall conduct a telephone conference with the Conciliator on Tuesday, March 29h, at 9:30 a.m. At that time, the parties shall review the custody situation to determine if there should be any expansion of the Order and, if not, if the case needs to be scheduled for a hearing. It is noted that the parties agreement to the custody arrangement set forth in this Order does not preclude either party from asserting a different position with respect to custody at any hearing in this case. - " t. U 1 i i : 1, _ ,. J 5. Each parent shall enjoy the right of first refusal to provide daycare for the minor child when the custodial parent is not able to care for the child because of work or other significant time frame. BY THE COURT, cc ath C. Wolf, Esquire chael A. Scherer, Esquire oa-oy-as CHAD R. VAILLANCOURT, Plaintiff v RENEE HIPPENSTEEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 04-6364 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Kadin Jacob Green, born May 21, 2002. 2. A Conciliation Conference was held on January 28, 2005, with the following individuals in attendance: The Father, Chad R. Vaillancourt, with his attorney, Nathan C. Wolf, Esquire, and the Mother, Renee Hippensteel, with her attorney, Michael A. Scherer, Esquire. 3. The parties agreed to the entry of a Custody Order in the form as attached. DATE ubert X. G,#r y, Esquire Custody Conciliator 10 RECEIVED AU 3 0 M CHAD R. VAILLANCOURT, Plaintiff v RENEE HIPPENSTEEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6364 IN CUSTODY COURT ORDER AND NOW, this y' day of / , 2005, up attached Custody Conciliation report, it is ordered that this Court's 4, 2005 is modified as follows: 1. Both parents shall enjoy two weeks of vacation time with the summer months. The weeks shall not be consecutive. The give the other parent at least sixty days notice as to when vacation time. 2. The parties shall share or alternate custody on major holidays as agreed upon by the parties. 3. In all other respects, this court's prior Order of February 4, effect. BY THE COURT, 19 i A. Hess cc: Michael A. Scherer, Esquire a J1? Nathan C. Wolf, Esquire 4-4_-tSs consideration of the order of February child during the shall endeavor to intend to exercise to a schedule shall remain in CHAD R. VAILLANCOURT, Plaintiff v RENEE HIPPENSTEEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 04-6364 : IN CUSTODY IN ACCORDANCE WITH THE CUMBERLAND COUNTY PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator report: 1. The Conciliator spoke with legal counsel for the parties in a to on Tuesday, March 29. Based upon that discussion the Coni Order in the form as attached. 3 ?J F?6 DATE Hubert X. Custody C RULE OF the following -conference call recommends an NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF CHAD R. VAILLANCOURT, Plaintiff V. RENEE HIPPENSTEEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004 - 6364 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Plaintiff, Chad R. Vaillancourt, by his attorney, Nathan C. Wolf, Esquire, and respectfullyrepresents as follows: 1.) Plaintiff is Chad R. Vaillancourt, (hereinafter "Father"), an adult individual, who resides at 128 East Liberty Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2.) Defendant is Renee Hlppensteel, (hereinafter, "Mother'), an adult individual, whose precise address is unknown at this time, but whose most recent residence was at 373A Sherwood Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3.) The parties are the natural parents of one minor child, namely. Name Present Residence Age Kadin Jacob Green 373A Sherwood Drive 3 years Carlisle, PA 17013 DOB 5/21/2002 4.) The parties are subject to an Order of Court, dated February 4, 2005 issued by the Honorable Kevin A. Hess, the previous judge in this matter, wherein the parties enjoy shared legal custody, and Mother's primary physical custody of the child was subject to Father's periods of partial physical custody of the child on alternating weekends and on one evening per week. A true and correct copy of said order is attached hereto as exhibit A. 5.) Said Order was amended by agreement of the parties by subsequent Order of April 4, 2005, granting each party two (2) weeks of vacation time with the child during the summers. A true and correct copy of said order is attached hereto as exhibit B 6.) Since January of 2006, Father believes and therefore avers that Mother has not had a fixed address and has been living with various friends. 7.) Since January of 2006, the child has been in the primary custody of the Father and Mother has enjoyed only six to ten visits with the child since said change in status occurred. 8.) Some of these visits would occur at Father's home, when Mother would come there to visit the child for several hours. 9.) Said visits occurred in Father's home at Mother's request, and with the permission of Father. 10.) Mother is currently married to one Robert Hippensteel, who informs Father that he has been charged with criminal offenses related to the unlawful possession, manufacture, delivery or intent to deliver cocaine, a Schedule II controlled substances, which conduct is prohibited by the laws of this Commonwealth. 11.) Recently, Father has learned that Mother's husband is now incarcerated on said charges in the Cumberland County Prison. 12.) Based upon information and belief, Father avers that Mother has apparently been picking the child up from Father, informing Father that she would be spending time with the child, and instead has been leaving the child in the care of her husband, Robert Hippensteel. 13.) Upon Mr. Hippensteel's incarceration, Mother has attempted to resume the prior custody schedule, provided in the above-referenced orders. 14.) Now that Mother's husband is incarcerated, Father believes that when Mother picks up the child, she leaves the child in the care of her grandparents, the child's great-grandparents, rather than caring for the child herself. 15.) Father has been forced to use intermediaries to contact Mother as she has no reliable contact information. 16.) Mother's lack of stability and her history of exposing the child to individuals who are involved in drug trafficking, shows that she is not currently able to recognize and act in a manner that is in the best interests of the child, excluding her decision to allow the child to reside in the primary custody of Father. 17.) Father is about to be married on May 31, 2006, and when he is at work, his fiance is available to care for the child in their home, along with their two (2) other children. 18.) Father is gainfully employed and has a stable household within which he is prepared to continue to provide for the child's best interests. 19.) Father has consistently provided emotional, intellectual and financial support to the child and is well-equipped to continue to be the child's primary caregiver. 20.) Father seeks an order which formally recognizes the role he has played over the last several months as the child's primary caregiver, and requests that the Court issue an Order granting him primary physical custody of the child. 21.) If granted primary physical custody, Father would work to support Mother's continued relationship with the child, and would cooperate in ensuring Mother would be able to continue her contact with the child, in a manner consistent with whatever schedule the Court sees fit to adopt. 22.) The best interest and permanent welfare of the child will be served by granting the relief requested herein because Father has demonstrated that he has acted in the child's best interests and has a strong and meaningful relationship with the child. 23.) Father believes that without an order confirming the parties' shared legal custody and primary physical custody of the child with him, Mother may attempt to remove the child from Father's custody and subject him to the same instability that Mother has been experiencing herself, thus placing the child's best interests at risk. WHEREFORE, for the reasons set forth herein, Plaintiff, Chad R Vaillancourt, respectfully requests that the Court enter an order confirming shared legal custody, granting primary physical custody of the child to Plaintiff, and establishing a schedule for partial physical custody of the child to the Defendant, along with granting any other relief the Court deems appropriate. Respectfully submitted, WOLF & WW, Attorneys at Law Dated: Aprid-I 2006 N an Wolf, Esquire 1 st High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff J 2 1' J /yl M.y CHAD R. VAILLANCOURT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW RENEE HIPPENSTEEL, : NO. 04-6364 Defendant : IN CUSTODY COURT ORDER AND NOW, this -A day of 2005, upon consideration of the attached Custody Conciliation report, it is ordered an directed as follows: 1. The Father, Chad R. Vaillancourt, and the Mother, Renee Hippensteel, shall enjoy shared legal custody of Kadin Jacob Green, born May 21, 2002. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: a. On alternating weekends from Friday at 5:30 p.m. until Sunday at 5:30 p.m. b. One evening a week which will be Wednesday unless agreed otherwise between the parties. The time shall be from 5 p.m. until 5 p.m. the next day. c. At such other times as agreed upon by the parties. 4. Legal counsel for the parties shall conduct a telephone conference with the Conciliator on Tuesday, March 29`h, at 9:30 a.m. At that time, the parties shall review the custody situation to determine if there should be any expansion of the Order and, if not, if the case needs to be scheduled for a hearing. It is noted that the parties agreement to the custody arrangement set forth in this Order does not preclude either party from asserting a different position with respect to custody at any hearing in this case. t:-Apl 5) T- A 5. Each parent shall enjoy the right of first refusal to provide daycare for the minor child when the custodial parent is not able to care for the child because of work or other significant time frame. BY THE COURT, Ig J e cc: Nathan C. Wolf, Esquire Michael A. Scherer, Esquire CHAD R. VAILLANCOURT, Plaintiff v RENEE HIPPENSTEEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-6364 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: - 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Kadin Jacob Green, born May 21, 2002. 2. A Conciliation Conference was held on January 28, 2005, with the following individuals in attendance: The Father, Chad R. Vaillancourt, with his attorney, Nathan C. Wolf, Esquire, and the Mother, Renee Hippensteel, with her attorney, Michael A. Scherer, Esquire. 3. The parties agreed to the entry of a Custody Order in the form as attached. DATE ubert X. G'oy, Esquire Custody Conciliator V RECEIVED MAR 3 0 2005 RECEIVED APR 0 6 LJOS CHAD R. VAILLANCOURT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RENEE HIPPENSTEEL, : NO. 04-6364 Defendant : IN CUSTODY COURT ORDER AND NOW, this L-((? day of v { 2005, upon consideration of the attached Custody Conciliation report, it is ordered that this Court's prior order of February 4, 2005 is modified as follows: 1. Both parents shall enjoy two weeks of vacation time with the minor child during the summer months. The weeks shall not be consecutive. The parties shall endeavor to give the other parent at least sixty days notice as to when they intend to exercise vacation time. 2. The parties shall share or alternate custody on major holidays pursuant to a schedule as agreed upon by the parties. 3. In all other respects, this court's prior Order of February 4, 2005 shall remain in effect. BY THE COURT, Judge Kevin A. Hess cc: Michael A. Scherer, Esquire Nathan C. Wolf, Esquire 4*/afT 13 SF k fI C { ? {{. . 171748 CHAD R. VAILLANCOURT, Plaintiff v RENEE HIPPENSTEEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 04-6364 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator spoke with legal counsel for the parties in a telephone conference can on Tuesday, March 29'. Based upon that discussion the Conciliator recommends an Order in the form as attached. 3 j 661 ? DATE Hubert X. Gilro squire Custody Cone' 'ator VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. April IQ, 2006 AAc? ?)CAUL)Cu) it Chad R. Vaillancourt NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF CHAD R. VAILLANCOURT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RENEE HIPPENSTEEL, : NO. 2004 - 6364 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the date indicated below, I caused the foregoing Petition to Modify Custody to be served upon counsel for the defendant, Michael A. Scherer, Esquire, by mailing the same via First Class Mail, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 & WOLF Dated: April ?,/, 2006 C. Wolf, Esquire for Plaintiffs V .--.$ ? .--?" ?. ? _? ?? f?f ? --- ^ r CHAD R. VAILLANCOURT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-6364 CIVIL ACTION LAW RENEE HIPPENSTEEL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 13, 2006 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 19, 2006 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 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/,_ Hubert X. Gilroy, Esq. 1 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 4?07 '2(2- A?p ??v ,;???h 191?,7 17V G, ,- CHAD R. VAILLANCOURT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-6364 CIVIL TERM RENEE HIPPENSTEEL, IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Renee Hippensteel, in the above captioned case. Respectfully Jessiy4H61st, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: V"?-&-Ou CHAD R. VAILLANCOURT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-6364 CIVIL TERM RENEE HIPPENSTEEL, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Renee Hippensteel, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail. Postage Pre-Paid Nathan Wolf, Esquire 10 West High Street Carlisle, PA 17013 Date: Va L' ou Jes?&a Nolst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 A- JUN 0 2 2006 CHAD R. VAILLANCOURT, : IN THE COURT OF COMM PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RENEE HIPPENSTEEL, NO. 04-6364 Defendant IN CUSTODY COURT ORDER AND NOW, this .90 day of June, 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the lz?!- day of , 2006 at 9f 3?,m, At this hearing, the father shall be the moving party d shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Orders of February 4, 2005 and April 4, 2005 shall remain in effect subject to the following modifications: A. On those weekdays when mother is working second shift, father shall have the opportunity to enjoy custody with the minor child from 3:00 p.m. until 8:00 P.m. Mother would drop the child off at father's home and it will be father's responsibility to transport the minor child to mother's home to sleep by 8:00 P.M. If father does not have transportation capabilities on a particular weekday he shall not exercise this period of custody. Father must advise i IC< tx_; R ?.•, yt7 n mother on Sunday of each week as to what days during the upcoming week he would be able to provide transportation and, thereby, take advantage of the custody opportunities provided by this provision. BY THE COURT, Judge/kevin A. Hess cc than C. Wolfe, Esqui 7sica Holst, Esquire ?0- ? b 0 f r CHAD R. VALLAINCOURT, Plaintiff VS. RENEE HIPPENSTEEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6364 CIVIL IN RE: CUSTODY ORDER AND NOW, this day of November, 2006, following hearing on the petition of the father for modification of custody and after consideration of the memoranda of the parties and lengthy review of the testimony adduced, the court being satisfied that the mother has been, heretofore, the primary caretaker, and that the existing orders of court provide the father with regular and frequent contact with his son, it is ordered and directed that the petition of the father for modification of custody is DENIED. The existing orders of court are ratified and confirmed as follows: 1. The father, Chad R. Vallaincourt, and the mother, Renee Hippensteel, shall have shared legal custody of Kadin Jacob Green, born May 21, 2002. 2. The mother shall have primary physical custody of said child, subject to rights of partial custody in the father as follows: a. On alternating weekends from Friday at 5:30 p.m. until Sunday at 5:30 p.m.; b. One evening a week which will be Wednesday unless agreed otherwise between the parties, from 5:00 p.m. until 5:00 p.m. the next day; c. On those weekdays when mother is working second shift, father shall have the opportunity to enjoy custody with the minor child from 3:00 p.m. until 8:00 p.m. Mother C :Z 'IJ 6- 11N 9 C1?G 3A ?O would drop the child off at father's home and it will be the father's responsibility to transport the minor child to mother's home to sleep by 8:00 p.m. If father does not have transportation capabilities on a particular weekday, he shall not exercise this period of custody. Father must advise mother on Sunday of each week as to what days during the upcoming week he would be able to provide transportation and, thereby, take advantage of the custody opportunities provided by this provision; and d. At such other times as the parties shall agree. 3. Both parents shall enjoy two weeks of vacation time with the minor child during the summer months. The weeks shall not be consecutive. The parties shall endeavor to give the other parent at least sixty days' notice as to when they intend to exercise vacation time. 4. The parties shall share alternately all major holidays pursuant to a schedule as agreed upon by the parties. Nothing herein shall preclude the father from petitioning the court (in the event the parties cannot reach agreement) to alternate custody of Kadin on a week-on/week-off basis during the summer vacation from school, commencing in the summer of 2008. BY THE COURT, Nathan C. Wolf, Esquire For the Plaintiff Jessica C. Holst, Esquire For the Defendant > 11-G-v4 Cy, ?5 CHAD VAILLANCOURT V. RENEE HIPPENSTEEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 04-6364 CUSTODY The Honorable Kevin A. Hess EMERGENCY PETITION FOR RELIEF AND NOW, comes Chad Vaillancourt, by and through his counsel Michael O. Palermo, Jr., Esquire, and avers as follows: 1. Petitioner is Chad Vaillancourt, who resides at 149 A Street, Carlisle, Pennsylvania 17013. 2. Respondent's last known address is Renee Hippensteel, who resides at 862 Carlwyne Manor, Apt. B-311, Carlisle, Pennsylvania 17013. 3. Petitioner and Respondent are the natural parents of Kadin Greene, born May 21, 2002. 4. Petitioner filed a Custody Complaint on December 17, 2004, and conciliation was held on January 28, 2005. 5. Pursuant to Cumberland County Local Rule 208.3(a)(2), a Temporary Order of Court was entered on February 4, 2005, by the Honorable Kevin A. Hess, granting legal custody of the child to Father and Mother with physical custody on alternating weekends and one overnight per week with Father on Wednesdays from 5:00 p.m. until 5:00 p.m. the next day. Attached as Exhibit "A". 6. A telephone conference was held with the conciliator and legal counsel for both parties on March 29, 2005, and an Order of Court was entered on April 4, 2005, modifying the Order entered on February 4, 2005, by granting both parents two weeks of vacation time with the minor child during the summer and directing the parties to share major holidays with a schedule as agreed upon by the parties. All other aspects of the Order entered on February 4, 2005, remaining in effect. Attached as Exhibit "B". 7. Since said Order Respondent has promised to abide by the Court Order and permit Father his court ordered contact with the child. 8. Most recently, Father was incarcerated in the Cumberland County Prison due to a probation violation and his court ordered visitation with the minor child was not possible. 9. Upon his release on October 8, 2008, Mother was contacted and agreed to resume Father's periods of visitation. 10. On or about Saturday, November 1, 2008, Father waited for Mother to call and arrange said visit. 11. Mother failed to call or provide for Father's custodial periods. 12. Since that time Father is unaware of his child's location and wishes to exercise custody. 13. Father believes and therefore avers that the child resides with the maternal Grandmother, Rhonda Harper[Respondent's Mother] at 86 Tip Top Circle, Carlisle, Pennsylvania, 17013 and that maternal grandmother is exercising primary physical custody of the child 14. Father maintains a stable residence, is employed, and lives with his girlfriend who provides stay at home care for the couple's twin three-year-old boys of which the child in question has formed a bond with said siblings. 15. Previous to being incarcerated, Father was able to provide proper care for the child in question, it is only upon his release from Cumberland County Prison that Mother has denied him all access to the child. 16. Father avers that in the best interests of the minor child Father, should be granted shared legal and temporary primary physical custody of the minor child. 17. Due to the relief sought herein, that of transferring primary physical custody to Father and pursuant to Cumberland County Local Rule 208.3(a)(9) it is assumed that Respondent does not concur with the relief sought herein. Respectfully Submitted, Rominger & Associates WHEREFORE, Petitioner prays this Court grant him primary physical custody with visitation in Mother/Respondent as agreed upon by the parties. Date: November 5, 2008 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 93334 Attorney for Petitioner CHAD VAILLANCOURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 04-6364 RENEE HIPPENSTEEL CUSTODY The Honorable Kevin A. Hess CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Petitioner, herby certify that I this day served a copy of the within Emergency Petition for Relief upon the following by depositing the same in the United States mail, first class, postage prepaid addressed as follows: Jessica Holst, Esquire MidPenn Legal Services 410 East Louther Street Carlisle, PA 17013 Date: November 5, 2008 Respectfully Submitted, Rominger & Associates Mi el O. Palermo, Jr., Esquir 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 93334 Attorney for Petitioner ),I A ficg Q 3 2'r5 CHAD R. VAILLANCOURT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW RENEE HIPPENSTEEL, NO. 04-6364 Defendant IN CUSTODY COURT ORDER AND NOW, this Y1 day of , 2005, upon consideration of the attached Custody Conciliation report, it is orde and directed as follows: 1. The Father, Chad R. Vaillancourt, and the Mother, Renee EUppensteel, shall enjoy shared legal custody of Kadin Jacob Green, born May 21, 2002. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: a. On alternating weekends from Friday at 5:30 p.m. until Sunday at 5:30 p.m. b. One evening a week which will be Wednesday unless agreed otherwise between the parties. The time shall be from 5 p.m. until 5 p.m. the next day. c. At such other times as agreed upon by the parties. 4. Legal counsel for the parties shall conduct a telephone conference with the Conciliator on Tuesday, March 29th, at 9:30 a.m. At that time, the parties shall review the custody situation to determine if there should be any expansion of the Order and, if not, if the case needs to be scheduled for a hearing. It is noted that the parties agreement to the custody arrangement set forth in this Order does not preclude either party from asserting a different position with respect to custody at any hearing in this case. S. Each parent shall enjoy the right of first refusal to provide daycare for the minor child when the custodial parent is not able to care for the child because of work or other significant time frame. BY THE COURT, cc• at C. Wolf, Esquire c el A. Scherer, Esquire v All, oa-o 05 r..U H: ;,!, s : iy CHAD R. VAILLANCOURT, Plaintiff v RENEE HIPPENSTEEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6364 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-5(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Kadin Jacob Green, born May 21, 2002. 2. A Conciliation Conference was held on January 28, 2005, with the following individuals in attendance: The Father, Chad R. Vaillancourt, with his attorney, Nathan C. Wolf, Esquire, and the Mother, Renee Hippensteel, with her attorney, Michael A. Scherer, Esquire. 3. The parties agreed to the entry of a Custody Order in the form as attached. DATE ubert X. y, Esquire Custody Conciliator RECEIY?U MM 80? CHAD R. VAILLANCOURT, plaintiff v RENEE HIPPENSTEEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6364 IN CUSTODY COURT ORDER AND NOW, this 't' day of ,'! , 2005, upon consideration of the attached Custody Conciliation report, it is ordered that this Court's p 'or order of February 4, 2005 is modified as follows: 1. Both parents shall enjoy two weeks of vacation time with the r child during the summer months. The weeks shall not be consecutive. The pa 'es shall endeavor to give the other parent at least sixty days notice as to when t y intend to exercise vacation time. 2. The parties shall share or alternate custody on major holidays rsuant to a schedule as agreed upon by the parties. 3. In all other respects, this court's prior Order of February 4,5 shall remain in effect. BY THE COURT, ?a Ju Kevin A. Hess cc: Michael A. Scherer, Esquire Nathan C. Wolf, Esquire 3 4 4J ., ^,? Y , ? ?'. ??? .? ?i-. ?. _ ????,?/ CHAD R. VAILLANCOURT, Plaintiff v RENEE HIPPENSTEEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . NO. 04-6364 IN CUSTODY IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator bmits the following report: 1. The Conciliator spoke with legal counsel for the parties in a on Tuesday, March 2". Based upon that discussion the Cc Order in the form as attached. - &I IF, DATE Hubert X. Custody C a conference can recommends an ^`? ?. ?-'? -^? j ?.., _?, r': . } W r. k ?. -? c ?) c;, ?? P CHAD VAILLANCOURT IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-6364 CIVIL ACTION LAW RENEE HIPPENSTEEL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, November 17, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 11, 2008 at 9:30 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/ Hubert X. Gilroy 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 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 e r DEC i b zco? CHAD VAILLANCOURT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW RENEE HIPPENSTEEL, NO. 2004-6364 Defendant IN CUSTODY COURT ORDER AND NOW, this a? day of December, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse on the 11 "`' day of '7y-\aA - , 2009, at q.'OD A . m. At this hearing, the Petition for Custody filed by Chad Vaillancourt will be addressed. 2. It is further directed that Cumberland County Children's Services and Rhonda Harper, along with legal counsel for the parties, shall attend said hearing for purposes of addressing the Petition filed by the Father in this case. BY THE COURT, * -?, ?A M. L. Ebert, Jr., Judge cc: ? ael O. Palermo, Jr., Esquire (counsel for Father, Chad Vaillancourt) ?J. Mangan, Esquire (counsel for Maternal Grandmother, Rhonda Harper ) X say Dare Baird, Esquire (counsel for Cumberland County Children's Services) regory H. Knight, Esquire (counsel for Mother, Renee Hippensteel) ,0, ?o ?,A j?',017 CHAD VAILLANCOURT, Plaintiff VS. RENEE HIPPENSTEEL, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-6364 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Kadin Greene, born May 21, 2002 2. A Conciliation Conference was held on December 11, 2008, with the following individuals in attendance: the father, Chad Vaillancourt, with his counsel, Michael O. Palermo, Jr., Esquire. The mother, Renee Hippensteel, did not appear. 3. The Father was incarcerated from February until October of this year. During that time, the Mother surrendered the custody of the minor child to the maternal grandmother, Rhonda Harper. Children's Services commenced proceedings in connection with dependency and there is a Court Order at the Dependency Docket No. Juvenile Division CP-21-DP-000249-2008 which gives the Maternal Grandmother custody of the minor child. 4. The Father is seeking custody and wants a hearing set for purposes of determining whether he should have primary custody or, in the alternative, what type of visitation schedule he should have with the minor child. 5. The Conciliator recommends an Order in the form as attached. Date: December -, 2008 Hubert X. Croy, Esquire Custody 196onciliator JAN 9 n 2009 G, RHONDA HARPER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW RENE HIPPENSTEEL and NO. 2004-6364 CHAD VALLINCOURT, NO. 2008-7258 Defendant IN CUSTODY PRIOR JUDGE: M.L. EBERT, JR. COURT ORDER AND NOW, this '?6t1? day of January, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The hearing scheduled in this case for March 11, 2009, at 9:00 a.m. in Courtroom No. 5 shall remain as scheduled. 2. Pending said hearing, custody of the minor child Kadin Green shall remain with the maternal grandmother, Rhonda Harper. The mother, Rene Hippensteel, shall have custody on alternating weekends consistent with the schedule that the parties have agreed upon. Additionally, the father, Chad Vallincourt, shall have custody on alternating weekends starting on Saturday morning at approximately 9:00 a.m. with the father delivering the child to school on Monday or keeping the child through the day if there is no school on Monday. 3. The above custody order is TEMPORARY subject to a final order being entered after the hearing referenced above. BY THE COURT, cc: ark F. Bayley, Esquire ,?Ol'ichael O. Palermo, Esquire ?/ S- Rene Hippensteel 'N? I ?AA Judge M.L. Ebert, Jr. ?jqi f ? 't %0 U t w RHONDA HARPER, Plaintiff VS. RENE HIPPENSTEEL and CHAD VALLINCOURT, Defendant PRIOR JUDGE: M.L. EBERT, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-6364 NO. 2008-7258 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: 2. Kadin Green, born March 21, 2002. 3. A Conciliation Conference was held on January 16, 2009, with the following individuals in attendance: The maternal grandmother, Rhonda Harper, who appeared with her counsel, Mark F. Bayley, Esquire, the father, Chad Vallincourt, with his counsel, Michael O. Palermo , Esquire, and the mother, Rene Hippensteel, who appeared without counsel. 4. The parties agree to the entry of an Order in the form as attached. Date: January 2009 /A \ 4 ubert X. Gilr , Esquire Custody Con li19 03-27-'09 13:06 FROM-ROMINGER & ASSOC 7172416878 T-837 P002/004 F-994 CHAD VAYLLANCOURT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 04-6364 / 08-7258 RHONDA HARPER, and RENEE HIPPENSTEEL CUSTODY Defendants The Honorable M.L. Ebert, Jr. Plaintiff, Chad Vaillancourt, hereinafter referenced as "Father," and Defendant, Rhonda Harper, hereinafter referenced as "Grandmother," hereby agree to the following terms to be memorialized in the form of an Order defining custody and partial custody rights and responsibilities in relation to Kadin Greene, born May 21, 2002, hereinafter referenced as "Child" as follows: 1. Father has sole legal custody of the child as defined in 23 Pa. C.S.A. §5302. 2. Father shall have primary physical custody of child subject to periods of partial physical custody with Rhonda Harper (herein after referenced as "Grandmother') on an every other weekend basis. i Said periods will be from Friday to Sunday; the parties will agree on exchange times. 3. Father and Grandmother agree to voluntarily submit to random drug testing at the request of Cumberland County Children and Youth Services (hereinafter "CCCYS'). 4. Grandmother shall provide to Father, the following at the conclusion of her first weekend of custody as contemplated by this Order: (a). The child's social security, 1 'Me biological Mother of the child, Renee Hippensteel, is not awarded specific periods of custody. It is anticipated that Mother shall exercise her periods of visitation during Grandmother's periods of partial custody set forth herein. . , 03-27-'09 13:06 FROM-ROMINGER & ASSOC 7172416878 T-837 P003/004 F-994 (b) The child's birth certificate, (c) Any and all medical insurance cards, (d) All of the child's doctor's names and locations and provide any and all of the appointments that have been scheduled, and; (e) A reasonable amount of clothes and any other necessities within reason that will aid in the transition of the child to Father's home (i.e. favorite blanket and the like]. 5. Father and Grandmother shall mutually agree upon the holidays. 6. Neither party shall make any disparaging remarks regarding the other parry in the presence of the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the child. 7. Any modification or waiver of any of the provisions of this Agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the Agreement of the parties. 8. Father shall keep the child enrolled in the Big Spring School District until the close of the Spring 2009 school year. 9. All transportation of the child shall be accomplished by licensed, sober and insured drivers, with proper child restraint systems (i.e. car seats, booster seats). 10. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Father's attorney is Michael 0. Palermo, Jr., Esquire. Rhonda Harper's attorney is Mark F. Bayley, Esquire. Renee Hippensteel is pro se. 03-27-'09 13:06 FROM-ROMINGER & ASSOC 7172416878 T-837 P004/004 F-994 11. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. SO STIPULATED: ,1"6?kq Date 61100 of Date Date (2 -0- [ - ?- C) () Date (51)8?n Date t^a0&a6 " Chad VaillancouM Father IA4412 44 J • Michael O. Palermo, J , wire Rhonda r, Grrandmoth (maternal) Mark F. Bayley, )esquire o? Renee Hippensteel, Mother 2'i brit t1 u _ ?I 1 tL+y? I i ?a. JUN 232009, CHAD VAILLANCOURT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 04-6364 / 08-7258 RHONDA HARPER, and RENEE HIPPENSTEEL CUSTODY Defendants The Honorable M.L. Ebert, Jr. ORDER OF COURT t? AND NOW, this 2 3 , day of 2001), upon consideration of the within Stipulation for Custody, which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that the contents of said Stipulation are hereby adopted as an Order of Court with full weight and effect as if they had been set forth in full hereinafter. Any and all prior Orders in this matter are hereby vacated. -?, ?A3-\-'\ By the Court: `"` M.L. Ebert, Distribution: Michael O. Palermo, Jr., Esquire Mark F. Bayley, Esquire Renee HiPpensteel, pro se 41 TF, F Cr. i? ;