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HomeMy WebLinkAbout05-0888 MYKA J. FALEY, Plaintiff, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. :No. Civil Term RAYNER VONNIEDA, Defendant :CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY I. Plaintiff is Myka 1. Faley, an adult individual who resides at 32 W. Green Street, Apt. A, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Rayner Vonnieda, an adult individual who resides at I Reynolds Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of her child Jordan Michael Vonnieda, born August 28, 1999. 4. The child was born out of wedlock. 5. The child presently resides with Plaintiff at 32 W. Green Street, Apt. A, Mechanicsburg, Pennsylvania. 6. Since the child's birth, he has resided with the following persons over the past five years: Name Address Date Myka Faley 217 S. Market Street Mechanicsburg, P A 08/99 to 12/03 Myka Faley 32 W. Green Street Apt. A Mechanicsburg, PA 12/03 to present 7. The natural mother of the child is Myka Faley, currently residing at the above stated address. 8. The natural father of the child is Rayner Vonnieda, currently residing at the above stated address. 9. The relationship of the Plaintiff to the child is that of natural mother. 10. The relationship of the Defendant to the child is that of natural father. II. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. The best interests and permanent welfare ofthe child will be served by granting the relief requested because the Plaintiff is natural mother of the child and can best care for the children. 14. Defendant has had very limited contact with the child. 15. 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. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to enter a custody order which grants Plaintiff full physical and legal custody. Respectfully submitted, a/; {JloS:- I f Date 09!vfIJh. I'll ;i;IlI/lC'lA ~ Kirstin M. Sweigard, Esquire P.O. Box 1168 Camp Hill, PA 17001 (717) 932-4646 Attorney for Plaintiff MYKAJ.FALEY, Plaintiff, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. :No. Civil Term RAYNER VONNIEDA, Defendant :CIVIL ACTION - CUSTODY VERIFICATION I verifY that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. r; b q) JOO::5 Date <---f/L1 Y'U7< Myka J. Faley ~~~ ~~~ c:9 U'\ C> 1"<' (,:'.'.;> ,.....) .:.....1 ~ ~ ~ U\ cI -,., r'o', CD - _...1 CO eJ1 c.? MYKA J. FALEY PJ.AINTlFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-888 CIVIL ACTION LAW RAYNER VONNIEDA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, Februarr.}}-,-~QQ?"___, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S, Sunday, Esq. at 39 West Main Street, Mechanicsbur~, P A 17055 on Wednesday, March 23, 2005 , the conciliator, at 9:00 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 penn anent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse ordcrs, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: __~L_" Dawn S. Sunday, EEf- Custody Conciliator Thc Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE 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 BedJ{lrd Street Carlisle, Pennsylvania 17013 Telephone (7 I 7) 249-3166 ~ P 'I rr"'" 44' 51? .e .# !11'T:'" ~ w t r"'~ fi" ~ ~ Mtl Y'l yo . e rtW~ . I, & ~J~ <fl\ll~ "lQ,,~\j~ , . .. .' Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MYKA J. FALEY vs. 05-888 CIVIL AC ION LAW RAYNER VONNIEDA Defendant IN CUSTODY ORDER OF COURT AND NOW, this 'I~ day of , 2005, consideration of the attached Custody Conciliation Report, it is ordered and di ected as follows: upon L The Mother, Myka 1. Faley and the Father, Rayner Vonnieda, shall ve shared legal custody of Jordan Michael Vonnieda, born August 28,1999. Each parent shall have a equal right, to be exercised jointly with the other parent, to make all major non-emergency decis ons affecting the Child's general well-being including, but not limited to, all decisions regardin his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitl d to all records and information pertaining to the Child including, but not limited to, school and m dical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have periods of partial custody with the Child only s arranged by agreement in writing with the Mother. 4. The Father shall not remove the Child from the Commonwealth ofP nnsylvania during his periods of custody without the advance written consent of the Mother. 5. The Father may file a request with the Court for the scheduling of an additional custody conciliation conference to review the custody arrangements. 6. The parties may modify the provisions of this Order by mutual conse 1. In the absence of mutual consent, the terms of this Order shall control. BY~ ~/ cc: Kirstin M. Sweigard, Esquir - Counsel for Mother Rayner V onnieda, Father J. ~~ tf - tfr (j:( ]'flS~ -,,"f'~<"\D \ \"<f j').\' 9,\ ~~ \\0\ \,\ \\1 t\.\~L 1;\.. c.~:"' .,l. ", ::\.; ~ c! 7 Plaintiff IN THE COURT OF CG:>MMON PLEAS OF CUMBERLAND COUN~Y, PENNSYLVANIA RECEIVED MAR 301005 ~11 , MYKA J. FALEY vs. 05-888 CIVIL AC ION LAW RAYNER VONNIEDA Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPOR IN ACCORDANCE WITH CUMBERLAND COUNT RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the fo owing report: I.The pertinent information concerning the Child who is the subjec of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY I CUSTODY OF Jordan Michael Vonnieda August 28, 1999 Mo her 2. A conciliation conference was held on March 23, 2005, with the ollowing individuals in attendance: The Mother, Myka J. Faley, with her counsel, Kirstin M. Sweiga d, Esquire. The Father, Rayner V onnieda, did not attend the conference or contact the conciliator. 3. The Mother filed a Complaint for Custody seeking primary physi al custody of the Child. The Mother's counsel served the Father with Notice by certified mail, the rece.pt for which was signed by the Father on February 22, 2005. 4. According to the Mother, the Father last had contact with the C .ld on New Year's Day when the Child called the Mother to pick him up because no one was availab e to supervise him. The Mother indicated that the Father sometimes threatens to pick the Child u at school which is of particular concern to the Mother as the Father lives in Virginia during the ek. The Mother stated that she had been informed by the Father's mother that the Father had left fi r Myrtle Beach with his girlfriend just prior to the conciliation conference. 5. Based upon the representations made by the Mother at the confere ce and the fact that the Father did not appear for the conference or contact the conciliator, an Orde is recommended in the form as attached. (y\fp..y (: 1,- Date d!l dc05 , /~cr! Dawn S. Sunday, Esquire Custody Conciliator MYKA J. FALEY, Respondent VS. RAYNER VON NIEDA, Petitioner : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL-VAVJA NO. 05-888 CIVIL TERM CUSTODY -? PETITION FOR MODIFICATION ` Petitioner, Rayner Von Nieda, by and through his counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Father, resides at 1 Reynolds Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent, hereinafter referred to as Mother, is believed to reside at 32 West Green Street, Apartment A, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The above-named parties are the natural parents of Jordan Michael Von Nieda, born August 28, 1999. 4. A prior custody order was entered in this case by The Honorable Judge Edward E. Guido on April 4, 2005. The Order, in pertinent part, granted the parties shared legal custody, gives Mother primary physical custody and gives Father periods of partial custody as arranged in writing. (A copy of such Order is attached as Exhibit A). 5. Father is entitled to a modification of the current order, which is in Jordan's best interest, for reasons including but not limited to the following: a. From the time the April 4, 2005 Order was entered until early 2008, Father visited with Jordan every weekend from Friday to Sunday. b. Father's only interruption in the weekly visits was immediately prior to and then during his period of incarceration in Dauphin, Cumberland and York County Prisons between early 2008 and June 18, 2010. Father was able to continue with his visits during his incarceration during family visiting hours and Jordan visited Father in both Dauphin and Cumberland County Prisons. Due to distance and travel issues, there were no visits during Father's brief stay in York County Prison. c. Once Father was released from his incarceration, he was able to reinstate his weekly visits with Jordan for about one month and then Mother arbitrarily decided to prohibit Father from seeing Jordan. d. Father has his own residence but would exercise his periods of partial custody in the stable and safe home environment at the residence of the paternal grandparents. 6. Counsel for Father has confirmed with Mother's prior counsel, Attorney Kirstin M. Sweigard, that she no longer represents Mother and counsel for Father is unable to determine whether Mother concurs with the relief requested in this Petition. WHEREFORE, Father respectfully requests that this Court Order the following: a. This matter shall be scheduled for a conciliation conference. b. Until the time of the conciliation conference, Mother and Father shall share legal custody of Jordan. c. Father's visits with Jordan shall immediately be reinstated and if the parties cannot reach an agreement for Father's periods of partial physical custody, he shall have Jordan every weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Receiving parry shall be responsible for providing transportation. d. The parties shall have reasonable contact via telephone and written correspondence with Jordan when he is in the other parent's custody. e. Any other relief this Court finds just and proper. Respectfully submitted, Je a Holst, Esquire idPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PETITIONER, RAYNER VON NIEDA, verifies that the statements made in the above Petition for modification are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date : a - 41A 4 ?? ' '?" VON NIEDA MYKA J. FALEY VS. Plaintiff RAYNER VONNIEDA Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-888 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this y day of _ consideration of the attached Custody Conciliation Report, it is ordered and 1. The Mother, Myka J. Faley and the Father, Rayner Vonnieda, shall of Jordan Michael Vonnieda, born August 28, 1999. Each parent shall have exercised jointly with the other parent, to make all major non-emergency dec Child's general well-being including, but not limited to, all decisions regardii and religion. Pursuant to the terms of this paragraph each parent shall be ent information pertaining to the Child including, but not limited to, school and i information. 2. The Mother shall have primary physical custody of the Child. 2005, upon as follows: Lve shared legal custody equal right, to be ins affecting the his health, education ;d to all records and dical records and 3. The Father shall have periods of partial custody with the Child only s arranged by agreement in writing with the Mother. 4. The Father shall not remove the Child from the Commonwealth of P nnsylvania during his periods of custody without the advance written consent of the Mother. 5. The Father may file a request with the Court for the scheduling of an ladditional custody conciliation conference to review the custody arrangements. y b. The parties may modify the provisions of this Order by mutual conse?t. In the absence of mutual consent, the terms of this Order shall control. cc Rayner Vonnteda, Father CJ?- Kirstin M. Sweigard, Esquir - Counsel for Mother BY T , J. f x1??b,l' P? MYKA J. FALEY VS. Plaintiff RAYNER VONNIEDA Defendant L) RECEIVED MAR 3 0 ?W4 n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-888 CIVIL IN CUSTODY NCILIATION S IN ACCORDANCE WITH CUMBERLAND COUP PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the 1.The pertinent information concerning the Child who is the follows: NAME DATE OF BIRTH Jordan Michael Vonnieda August 28, 1999 LAW RULE OF CIVIL ving report: of this litigation is as 2. A conciliation conference was held on March 23, 2005, with the ollowing individuals in attendance: The Mother, Myka J. Faley, with her counsel, Kirstin M. Sweiga d, Esquire. The Father, Rayner Vonnieda, did not attend the conference or contact the conciliator. 3. The Mother filed a Complaint for Custody seeking primary p, The Mother's counsel served the Father with Notice by certified mail, the by the Father on February 22, 2005. 4. According to the Mother, the Father last had contact with the when the Child called the Mother to pick him up because no one was avail, Mother indicated that the Father sometimes threatens to pick the Child particular concern to the Mother as the Father lives in Virginia during the that she had been informed by the Father's mother that the Father had left girlfriend just prior to the conciliation conference. 5. Based upon the representations made by the Mother at the c Father did not appear for the conference or contact the conciliator, an form as attached. I? 3cx?S Date Dawn S. Sunday, Esquire Custody Conciliator custody of the Child. for which was signed d on New Year's Day to supervise him. The at school which is of .k. The Mother stated Myrtle Beach with his ce and the fact that the is recommended in the ?` ! ?? f ?•``? • ?! { r? ! MYKA J. FALEY, Respondent VS. RAYNER VON NIEDA, Petitioner : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-888 CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Rayner Von Nieda, hereby certify that I have served a copy of the forgoing Petition for Modification by: USPS First Class Mail and Certified Mail Return Receipt Requested: Myka J, Faley 32 West Green Street - Apt A Mechanicsburg, PA 17055 Date: 11 (l7 T A&C JJesfiVa o st, Esquire Mi Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 0 MYKA J. FALEY, Respondent VS. RAYNER VON NIEDA, Petitioner : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-888 CIVIL TERM : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Rayner Von Nieda, Petitioner, to proceed in forma ap uperis. I, Jessica Hoist, attorney for the party proceeding in forma pa uperis, certify that I believe i , J. the party is unable to pay the costs and that I am providing free legal services to the party. Jes a Hol , Esquire Mi enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 i?3 MM -_ rv MYKA J. FALEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA a ? . o a -' V. mco 2005-888 CIVIL ACTION LAW z o M_ -urn -<D r'j =6 C-D RAYNER VON VIEDA <? -o p IN CUSTODY C-) 3 C-) DEFENDANT XC:) w C:) o ORDER OF COURT AND NOW, Wednesday, November 24, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 41, 2010 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. 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/ Dawn S. Sunda Es q. jjp_ 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 out 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 I?°' ` Telephone (717) 249-3166