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Home My WebLink About05-2123 v. IN THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY NO.: OS" -';<J:D C,~l-C ffl-r STEVEN DEITER, Plaintiff SHERRY SNEDEKER, Defendant CIVIL ACTION - CUSTODY COMPLAINT FOR CONFIRMATION OF PRIMARY CUSTODY NOW COMES Plaintiff, by and through his attorneys, and files the foil wing Complaint for Confirmation of Primary Custody as follows: 1. Plaintiff, Steven Deiter, is an adult individual residing at RR2, Box 194, Newport, Perry County, Pennsylvania. 2. Defendant, Sherry Snedeker, is an adult individual residing at 4184 C ve Court, Apartment 103, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are the natural parents of one son, Colby, bo April 22, 1992. 4. The child was born out of wedlock. 5. Plaintiff is the natural father of Colby; Defendant is the natural moth of Colby. 6. Plaintiff is aware that his son Colby resided with Defendant at the ad ress contained in Paragraph 2 above for approximately a one year period of time; and p or .. . thereto at diverse locations throughout Cumberland County but the specific addres es are unknown to the Plaintiff. 7. On or about April 18,2005, after discussions between Plaintiff and Defendant, Defendant indicated that she was having difficulty with the discipline an other conduct of the child and asked the Plaintiff herein to assume custody of the child. 8. To that end, and in compliance with the April 18 discussion, the Defendant executed documents permitting Colby to be removed from the Mechani sburg School District, and both the Plaintiff and Defendant executed necessary documents to enroll Colby in the Newport School District in Perry County. 9. Plaintiff believes and therefore avers that it is in the best interest ofC Iby to confirm primary custody in him, in that Colby now is in the primary care and custody of the Plaintiff, and is enrolled in the school district where Plaintiff resides, and has ac uired primary custody by consent of both parties believing it to be in the best interest of olby. 10. In approximately 1993, the Court of Common Pleas of Perry County e tered an Order which was an agreement between the parties as it relates to custody which pr vided primary custody in Defendant and partial custody in Plaintiff. Plaintiff does not have copy of that Order, but the parties have basically abided by that Order since 1993 althou h the child has actually resided in Cumberland County for at least the last five years. . WHEREFORE, Plaintiff requests the Court to confirm primary custody n the Plaintiff, continue with joint legal custody and provide such reasonable periods of artial custody as the Court deems appropriate. Respectfully submitted: Mancke, Wagner & Spreha . Richard Wagner, Esquire ID #23103 2233 North Front Street Harrisburg, PAl 711 0 (717) 234-7051 . . . VERIFICATION I verify that the statements made in the foregoing document 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 authoriti s. L DATE: Lj, /9 - 0 r- ~ f.-) (J "- \1- , :::- w '"1 - I;-J \) c ~ -0 ~ ~ - :p J:- C) (~- -;? :C.\ -', ....' C,;) c;;J 0'''' -~ ....'.,-~ (-:J 11 ;:.:; I',) ~'" -" ,~) ,~) '...1\ G STEVEN DEITER, Petitioner v. IN THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY NO.: 0 S;; - .2/1.1 (liu l ~EA.( CIVIL ACTION - CUSTODY SHERRY SNEDEKER, Respondent PETITION FOR SPECIAL RELIEF NOW COMES your Petitioner and files the following Petition for Special R ief: 1. Petitioner, Steven Deiter, is an adult individual residing at RR2, Box 194, Newport, Perry County, Pennsylvania. 2. Respondent, Sherry Snedeker, is an adult individual residing at 4184 ove Court, Apartment 103, Mechanicsburg, Pennsylvania. 3. Petitioner has filed a Complaint seeking confirmation of primary custo y of his son, Colby, born April 22, 1992. 4. On April 18, the Respondent herein and Petitioner executed document necessary to remove Colby from the Mechanicsburg School District and place him i the Newport School District where Petitioner resides on the basis that Respondent has indi ated to Petitioner that she can no longer handle the discipline and such other conduct of C Iby. 5. Petitioner has filed a Complaint to confirm custody in him but pending outcome of that Complaint desires that primary physical custody remain with him. 6. Petitioner believes and therefore avers that it is important to have pri custody remain with Petitioner pending outcome of the underlying Complaint s as to prevent the child from being bounced back and forth between Petitioner and Respo dent. WHEREFORE, Petitioner requests the Court to grant special relief in the D of confirming custody of Colby in the Petitioner pending outcome of the underlying C Complaint. Respectfully submitted: ~.... .~ ~~ ~ichard Wagner, Esquire ID #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 . VERIFICATION I verify that the statements made in the foregoing document 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 authoriti s. DATE: 1-/9-0\- f-.J G> ~ ~ ~ ~ ""- /:j () r- 0 w -- lJ ~ ~ C) .-> c- c~:~ c) ,.Q r:;:') '::_'" ,I -- ~: :-::1 '..i (",-1 ~ ::::u r"" --,-, N ~_"1 0-' (~) Ul STEVEN DEITER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V 05-2123 CIVIL ACTION LAW SHERRY SNEDEKER DEFENDANT IN CUSTODY ORDER OF COURT Jl\ND NOW, Thursday, April 28, 2005 , upon consideration ofthe attached Complaint, it is here~ dlrected that partIes and theIr respectIve counsel appear before Dawu S. Sunday, Esq. , the conciliator, at 9 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 25, 2005 at 9:00 AM for a Pre1Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute: or if this ca~not 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. T~e court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special R\elief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. i FOR THE COURT. By: /s/ Dawn S.. Sunday. E8E--.._f_ Custody Conciliator " The Court of Common Pleas of Cumberland County is required by law to comply with the Americans Withiisabilites Act of 1990. For information about accessible facilities and reasonable accommodations availa Ie to disabled individuals having business before the court, please contact our office. All arrangements must e made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conte ence or hearlng. ~i YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA V AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT BELOW TO FIND OUT WHERE YOU CAN GET LECiAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~/~) ~1J :% ~W! ~l .);:75('-1; . J1l-;7 5! /''l7..7"pH"I?~~>i./ g("-17 I~Cl ~/ .:1 JfPpr-01!' 4;; ]1?J :Iv ..3>(. h i,if'..;:,"-;l 90 :Zl hid az ~dV SOUl (' 'VI';"'" "r, 'd :l "t. _L"..,n.LUQ ",Hl:lO 38H,K'rG3ll:l .. 'i RECEIVED APR 2 \) ~\'" .. ., v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ,;)./,;).$ ~ NO.: DS; -:~~ C/u:C /9t-.'""'l STEVEN DEITER, Petitioner SHERRY SNEDEKER, Respondent CIVIL ACTION - CUSTODY AND NOW, this >>-- h ,DEN iEJ'>. ORDER ~ StlJay of Ar;(J'L. ,2005, upon Petition of Steven Deiter, \A Fl..~le i3 i33tl~d UPUJl me Kespuudcul, Sl.('~lJ SRfi~fk~r, t<:' C'\g~nl r>?11"'j ~.~:ky, if Wi), the ~\UreRt Ey.,tuJy IDldll]:;\..-Hlcul wid! f>ennoner having pliIlJeuy phy~i....(:d ~u;'ludy ~huuld not , ~m~ln 1n fu.11 fur~t'" <.:mrl pffpr't p'i'Rai116 ~L,", uut\.lUUU; vi lhe: ulldcdyill~ CU.:>tv3)T C\rmlllaim i ~ ~kd by d,<: I'<:duoner. i Rut.., IdulIlah!t: within ~ aays or servIce. f'endmg outcome ot the unaerlylng ~tlSt8El~' Ci\mplAint. the orimary custodv ofthp. chilrl ~hgll rprnn;p ~.:itL tl..~ P't~tion81 kG'{Oln.__ ~;~~: (~ J. 62 : II H~ 82 ~d~ saOl Ab\llO:'i'.Jr!lOtJd 3Hl :10 :lJlJ~{){)31!::l . , RECEIV ED MAY 2 6lfll; Y . STEVEN DEITER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-2123 CIVIL ACTION LAW SHERRY SNEDEKER Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ I ;K day of fIl'flt: ' 2005, consideration of the attached Custody Conciliation Report, It s ordered and dIrected as follows: upon 1. The Mother, Sherry Snedeker, and the Father, Steven Deiter, shall have shared legal custody of Colby Deiter, born April 22, 1992. 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 his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. During the school year, the Father shall have primary physical custody ofthe Child and the Mother shall have partial custody on alternating weekends from Friday through Sunday, with the specific times to be arranged by agreement between the parties. B. During the summer school break, the parties shall alternate having custody of the Child on a weekly basis with the exchange to take place each week on Sunday, with the specific times to be arranged by agreement. 3. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 4. This Order is entered pursuant to an agreement of the 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. T, cc: P. Richard Wagner, Esquire - Counsel for Father Sherry Snedeker, Mother ~ J. ~ {, . (JI. (J5 9-. ji J!:I(";.'C i\..!.,',f" LO :~ ~Id IS WilSOOZ . , STEVEN DEITER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-2123 CNIL ACTION LAW SHERRY SNEDEKER Defendant IN CUSTODY 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 Colby Deiter April 22, 1992 Father 2. A conciliation conference was held on May 25, 2005, with the following individuals in attendance: The Father, Steven Deiter, with his counsel, P. Richard Wagner, Esquire, and the Mother, Sherry Snedeker, who is not represented by counsel in this matter. 3. Much to their credit, in placing the highest priority on the needs of their son and agreeing to parent their Child jointly and cooperatively, the parties agreed to entry of an Order in the form as attached. Da~ d) ~ ;)n-J" . ~ Dawn S. Sunday, Esquire Custody Conciliator STEVEN DEITER, Plaintiffi'Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 05-2123 Civil Tenn SHERRY SNEDEKER, DefendantIPetitioner Civil Action - Custody PETITION FOR MODIFICATION OF CUSTODY ORDER To the Honorable, Judges of Said Court: AND NOW COMES, the Defendant, SHERRY SNEDEKER, by and through her attorney, Lisa Marie Coyne, and avers the following in support of this Petition for Modification: 1. Petitioner, Sherry Snedeker, is an adult individual residing at 4181 Cove Court, Aparhnent 103, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, Steven Deiter, is an adult individual residing at RR2, Box 194, Newport, Perry County, Pennsylvania. 3. Petitioner and Respondent are the natural parents of one son, Colby, born April 22, 1992. 4. The child was born out of wedlock. 5. Petitioner is the natural mother of Colby; Respondent is the natural father of Colby. 6. On May 25, 2005, the parties appeared before Custody Conciliator Dawn Sunday, Esquire as a result of a custody complaint filed by Respondent. Petitioner was not represented by legal counsel; however, Respondent appeared with his counsel, P. Richard Wagner, Esquire. 7. On May 31, 2005, an Order of Court was entered refkcting the agreement reached by the parties at the conciliation conference. A Copy of the Order is attached as Exhibit "A". 8. Subsequent to the issuance of the Order of Court, problems have arisen with Respondent milaterally changing the periods of partial custody historically exercis,ed by Petitioner; i.e., changing the .ltemating weekends of partial custody of Petitioner. 9. Petitioner had primary physical custody of Colby since his birth through the current custody modification. 10. Petitioner is also the natural mother of a minor son, Dakota who is now 8 years old and who has been in the primary physical custody of Petitioner. 11. At the Custody Conciliation Conference before Attorney Sunday, the parties agreed that the alternating weekends for Petitioner and Colby would remain the same in that Colby would have contact with his brother, Dakota, on the weekends when Dakota was with Petitioner. 12. It is of utmost importance to Colby's development for him to have regular contact with his brother, Dakota. 13. The undersigned counsel attempted to confer with Attorney Wagner prior to the filing of this Petition; however, the attorneys have not been able to confer as of the time of filing. WHEREFORE, Petitioner respectfully requests that the Order of Court, entered on May 31,2005, be amended to reflect the normal, usual and routine alternating weekends for periods of partial custody with Petitioner as agreed to by the parties at the Custody Conciliation Conference held on May 25, 2005 Respectfully submitted: COYNE & COYNE, P.c. Dated: (p/10{" e, Esquire RECEIVED MAY 2 e 2005 j.-- STEVEN DEITER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-2123 CIVIL ACTION LAW SHERRYSNEDEKBR Defendant IN CUSTODY ORDER OF COURT AND NOW, this .3 I;f\ day of ffI.'fl[; , 2005, upon consideration of the attached Custody Conciliation Report, it s ordered and directed as follows: 1. The Mother, Sherry Snedeker, and the Father, Steven Deiter, shall have shared legal custody of Colby Deiter, born April 22, 1992. Each parent shall have an equal right, to be exercisedjointly 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 his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records arid information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. During the school year, the Father shall have primary physical custody of the Child and the Mother shall have partial custody on alternating weekends from Friday through Sunday, with the specific times to be arranged by agreement between the parties. B. During the summer school break, the parties shall alternate having custody of the Child on a weekly basis with the exchange to take place each week on Sunday, with the specific times to be arranged by agreement. 3. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 4. This Order is entered pursuant to an agreement of the 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. TRUE COPY FROM RECORD 'ft T IItIRlOfty whereof. IIvQ unto set my hancl and the_ at said COurt . CiiIlIsIe. Pa. This 31~ day.. ~~ . . ,-.. ~. . . q;M--a~PP':','f~ . Prottloi1OtWr~ cc: P. Richard Wagner, Esquire - Counsel for Father Sherry Snedeker, Mother T, J. Er4,j" l- j:l / Of '2 STEVEN DEITER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANTA vs. 05-2123 CIVIL ACTION LAW SHERRY SNEDEKER Defendant IN CUSTODY 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 Colby Deiter April 22, 1992 Father 2. A conciliation conference was held on May 25, 2005, with the following individuals in attendance: The Father, Steven Deiter, with his counsel, P. Richard Wagner, Esquire, and the Mother, Sherry Snedeker, who is nOt represented by counsel in this matter. 3. Much to their credit, in placing the highest priority on the needs of their son and agreeing to parent their Child jointly and cooperatively, the parties agreed to entry of an Order in the form as attached. Da~ d ~ dc:oS . D'~ Custody Conciliator 2-.rJ? CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Petition for Modification was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Dated: ~ 11.1 o( I c-' Q, cc:" ~ '-" .;;,51 , ~ (,.-~ ..... (,:~: ff;:n , ..". \'--- '" % f'.) -o:",-~ ~1'C"'" - 1.:>/) 'vJ --j" ~ ~ -0 !;~~il~ \J ~ ,-.. ~'=_7)rn ~ \,. > --';::. ,< C:::J ~D , - .-<. ~ ~ STEVEN DEITER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2123 CIVIL ACTION LAW SHERRY SNEDEKER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 29, 2005 , upen censideratien .of the attached Cemplaint, it is hereby directed that parties and their respective ceunsel appear befere Dawn S. Suuday, Esq. , the cenciliater, at 39 West Main Street, Mechauicsbur2, PA 17055 en Thursday, July 28, 2005 at 9:00 AM fer a Pre-Hearing Custedy Cenference. At such cenference, 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 temperary .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 hearine:. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator y The Court of Cemmon Pleas of Cumberland County is required by law te comply with the Americans with Disabilites Act .of 1990. Fer infermatien abeut accessible facilities and reasenable accemmedatiens available te 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 Telephene (717) 249-3 166 ~r~ ~~ Jt;7. ~[77 -Jw ~ ~.~ 2/. ~~:z/p':#~~ ~ fl?~ 'Vlt#^lASNN3d AlNn08 C'1\:fli:EiBV'ln0 eo :e Wd 6~ Nor soaz AHvl0N0l-i.J.Ol:Jd 3Hl :10 3Dl:1.1CKl31l:l .<? '''P .? jECEIVED SEP 012lJlS STEVEN DEITER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-2123 CIVIL ACTION LAW SHERRY SNEDEKER Defendant IN CUSTODY ORDER OF COURT AND NOW, this '- &- day of ~ ' 2005, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Order ofthis Court dated May 31, 2005 shall continue in effect. 2. The alternating weekend schedule shall be adjusted so that the Mother has custody of the Child from Friday, September 2 through Sunday, September 4, 2005 and continuing thereafter on alternating weekends. Edward E. Guido J. cc:vf. Richard Wagner, Esquire - Counsel for Father ~sa Marie Coyne, Esquire - Counsel for Mother it ,1\,.1. St] :6 In AH\/JJ,: I.. "'-J': cr.n7 ., C_.j JIJUv STEVEN DEITER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-2123 CNIL ACTION LAW SHERRY SNEDEKER Defendant IN CUSTODY Prior Judge: Edward E. Guido 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 Colby Deiter April 22, 1992 FatherlMother 2. A follow-up custody conciliation conference was held on August 19, 2005, with the following individuals in attendance: The Mother, Sherry Snedeker, with her counsel, Lisa Marie Coyne, Esquire. The Father's counsel, P. Richard Wagner, Esquire and the Father, Steven Deiter, contacted the conciliator by telephone both during the conference and afterward. 3. This Court previously entered an Order in this matter on May 31, 2005 under which the Father has primary physical custody of the Child during the school year and the Mother has alternating weekend periods of partial custody. During the swnmer school break, the parties share custody on a alternating weekly basis. The Mother filed this Petition for Modification seeking to shift the alternating weekend periods of custody, as had previously been the schedule until the Father changed the sequence of alternation. The Mother requested the return to the prior alternating schedule to coincide with the Mother's custodial arrangements with her younger child of another relationship. The Father, on the other hand, sought to continue the alternating schedule he had arranged to coincide with the Father's weekends off work. The Father represented that his employment at Overnight Transportation required him to work on alternating weekends. 4. The Father, through counsel, provided his employer's telephone number to enable the conciliator to obtain information pertaining to the Father's work schedule. As the conciliator was advised that the Father is never scheduled to work from Friday morning through Sunday evening, the conciliator recommends an Order in the form as attached returning the parties' alternating weekend schedule to the initial arrangement as requested by the Mother. !Iv ~r 30 I df>r)' Date 1J~ Dawn S. Sunday, Esquire ) Custody Conciliator