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HomeMy WebLinkAbout05-2615 . (u,n"H.(lU!IID IN THE COURT OF COMMON PLEAS OF IU .~m. COUNTY, PENNSYLVANIA R "'I D..-n (Yl u:.hQ t' I -rob o~ ' Plain ff vs. CIV. NO.: ~ -. -2005 -;? C Iv e.v.x.J ....J .<2lv'w\... t( L\ s\ (,-\ L \~ 0...; n Defendant COMPLAINT FOR CUSTODY (CustodylPartial CustodyNisitation) TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff and respectfully represents that: 1. The PlaintiffislZL\Cl'\ m T()~ >C"J , an individual residing at "Ii: (2. S , (l,eX, ~DC\. A Ij 00. \(1 , vA 1(" Ie t, I Phone Number ~\L\. c,:,Ll. q'lsl 2. TheDefendantis t/ll"-\C.\ \.-. lklll\ , an individual residing at "'1 C. 1-, S V)L", ,Ie 1 l f rllech{Ln ,C'"hu., rJ. .PA li0:,;<; Phone Number ")1 r)_ \,;, c\ I - ~ 'i, 'I; 3 The Plaintiff seeks yl'J 1..,(, \ (li<.,\cdtfcustody/piutial custody/visitation) of the following child(ren): 3. Name I\t\cje\ \'\V:li It'. .VOhc>'(j C tl.f, lltH"',)"1 VI VoL,<'lj n t. Residence L, ,\.,," n .I,d IY\,( "bo d \) l. l,s\:)UI,' Ti'~ I nal, Ix J Age ~ .~ The child(ren) l"-' e ,'t (were/were not) born out of wedlock. Thechild(ren) Cc.N:: (islare)presentlyinthecustodyof I)e('<"n(icu ,l" ,')t"r J \l,~I.J(L' I{I who resides at I" t:. L'Sbll'f' '1((1. I nfch{tnl(>~\lj(~ ' --~-:> PI I,oss , During the past five years, the child(ren) h(~ u-€. (haslhave) resided with the following persons and at the following addresses: Persons Residence Time Period a. -\) du ,{-\a I . l \', l:: US\'U'f< Ted (vl-Llt(:j Ii 1::.. L,<,bl"" \(0 ;l(,bu( (l , u 08 0410 f rt'c,u' I b. \)\c,--",\..n \)"1:"-{Yl,,L e1 c. 'iV\[l.'.tinrJ, c,((t'\C\h"e'lIS oR-ul tD IO.C-t d. (\[\,,\\.,l( "\)e~(I~,.t LL,scncl, -(I'd !+b'Li~ (;loU! h. og'(I'/ q (-, j:~( 11{(IT'SI /\uc //'([C;!J,f, Cli$.Cu,(C (ll. OL{ ..) e. . \-'lcL"'\ ,( [,. \)('~(l dlL, ,t ':-;,J"-,\'; IUe0C,, -\('(1 ('-jhlfh \::,'5 c\ ie') L,~ ,-Y), , J The mother of the child(ren) is vt' ~ I '({(L' . l , currently residing at [") \::.. L,~ 'xU n -Vel J)"\edXL. \II' <, ~ )l, ((' PA Ill>'>'} Her marital status is :J' ",[\( (If d The father of the child(ren) is ' 1--' l(l \ (\ \.\ ( ( , currently residing at lill L.,. 11:>0f 't,U"\ 1\1\0(' ,(I \"""'A. Il "'O! . His marital status is l..\ 1\V\\LU' ( t t'li 4. The relationship of Plaintiff to the child(ren) is that of -{" Ce i h(f The Plaintiff currently resides with the following persons: Name Relationship Irllc,'e Vc;,'sccljcX C, 'I i/.. lend 'J 5. The relationship of the Defendant to the child(ren) is that of H 01 f 'eo' The Defendant currently resides with the following persons: Name Relationship 'j eLlce 1.\LL~ beL' .,J , 6. Plaintiff hLtS f ,Dt (haslhas not) participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child(ren) in this or another Court. Plaintiff I\l\ <; I \0 (haslhas no) information of a custody proceeding concerning the child(ren) pending in a Court of this Commonwealth or any other state. doc"I" \ Plaintiff ILnc,0 (knows/does not know) ofa person not a party to the proceedings who has physical custody of the child(ren) or claims to have custody or visitation rights with respect to the child(ren). 7. The best interest and permanent welfare of the child(ren) will be served by granting the relief requested because: 'P\o..'l\ll\ ~ L..:-(,S, .\ \ Ie l) ( Ul \iLlcd~ C l\ j"-f (j \ ut' ( ~ I >hG S1lC'jrr..l Cd I,L, I Ie G0 It j, ~ Iv Che\II,.."" "S' \ ( \( (J \ he'l l \....A)r--f L)c,( Y.-I n...\(1 (0 r,~d \"Cot ,\ he.) \. .. V\Cd'\U\( Lell\ (" I IS,lu-f -\ h(l" H,( C 1,,1((,-(', \ \. \lLI '.(' I--<c\.d(\( (",',\1(1(\ --' \.~\ \~, -11.('\1 ~)(l-l((. I(Li" r'~\(" ,n n , \Ii ~~\ ((l' r;t rLl 1('( \) (l ....( 'lls,^ 8. Each parent whose parental rights to the child(ren) have not been terminated and the persons who have physical custody of the child(ren) have been names as parties to this action. All other persons, named below, who are kp.own to have or claim a right to custody or visitation of the child(ren) have been given notice of the pendency of the action and the right to intervene. Persons Address Base of Claim nJ. Q.. WHEREFORE, Plaintiff requests this Court to grant himfher h,m pili L\(L( [US'Ic00 ~ (custody/partial custody/visitation) of the child(ren). Respectfully submitted, Pl~~ I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. ~R Plamtiff i <;'-:l "', C3 r-=:> <...~::, C' ~ - c:-~ {;~n -1'1 :ljl:::.. --. s~ :-::! 9 . j~l :!J l---~ '--... V) ~::~ ,~ \..0 ,....; c;- o ,.L ,"' -c ~ -;;:, :? ; 'il.J ~ -: , ~ I)? __;;i (, -0 "-i ~ -<. CJ ~D -=rl r" .< ~CJ5'J;,"'S"') ~\~ RYAN M. POBOY PLAINTiFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2615 CIVIL ACTION LAW CRYSTAL L. HAIN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 26, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Sunday, Esq. at 39 West Main Street, Mechanicsbur~, PA 17055 on Monday, Juue 27, 2005 . the conciliator, at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished. to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 bours prior to scheduled hearine. FOR THE COURT, By: isi Dawn S. Sunday. Esq. Custody Conciliator .)v The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infomlation 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 befl)re 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 Redford Street Carlisle, Pennsylvania 170 i3 Telephone (717) 249-3166 ~~. iP :t ~r~ N<1{J .0 '7 CF ~ -A)/r/ 7P ~ /fT17W 44l;J I- '7;P)?;? '/C'Y , - n I : ~I " . ',1 :,.',u. . RYAN M. POBOY Plaintiff RECEIVED JUL 20 ZOos-t' ,\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-2615 CNIL ACTION LAW CRYSTAL L. HAIN Defendant IN CUSTODY ORDER OF COURT AND NOW, this :it. 't"" day of 1~, , 2005, upon consideration of the attached Custody Conciliation Report, it IS or lered and directed as follows: 1. The Father, Ryan M. Poboy, and the Mother, Crystal L. Hain, shall have shared legal custody of Angel Marie Poboy, born February 28,1999, and Cali Elizabeth Poboy, born August 30, 2002. The parties agree that major decisions concerning their Children, including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each party agre'es not to attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning their Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility ofthe parent then having physical custody. Each parent shall notify the other parent as soon as possible of any health problem, injury or similar medical emergency or treatment concerning the Children. With regard to any emergency decisions, which must be made, the parent then having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A 5309, each party shall be entitled to complete and fulll information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. Mutual agreement shall be made, in advance, regarding the following matters: emollment or termination in a particular school or school program, advancing or holding the Children back in school, authorizing emollment in college, authorizing their Children's driver's license or purchase of an automobile, authorizing employment, authorizing either the Children's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. The Mother shall have primary physical custody of the Children. FilED-()FFiCE OF THE PROT:"O!~OT,\RY 2005 JUL 25 t\l'lll: 0 I - 3. The Father shall have partial physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children for the first three times on alternating weekends at the paternal grandfather's residence in the local area. The periods of custody during the first three custodial weekends shall run from Saturday at 7:30 a.m., when the Mother shall transport the Children to their paternal grandfather's residence, through Sunday at 6:00 p.m. when the Mother shalll pick up the Children at the paternal grandfather's residence. The beginning time for the period of custody on July 23, 2005 shall be adjusted due to the Father's attendance at a class in Carlisle in the morning so that the Mother shall transport the Children to the maternal grandmother's residence by 12:30 for pickup by the Father. B. After three alternating weekends on the schedule set forth in the preceding paragraph, the Father shall continue to have custody ofthe Children on alternating weekends, which may take place at the Father's residence in Altoona, from Friday at 8:00 p.m. through Sunday at 7:00 p.m. Exchanges of custody under this provision shall take place at the McDonald's offRt. 322 in Mifflintown except during severe winter weather conditions or road closings, in which event the parties shall make arrangements to exchange custody of the Children at the Breezewood exit off the Pennsylvania Turnpike. 4. The parties shall have custody of the Children on holidays as follows: A. Christmas: In every year, the Mother shall have custody of the Children from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and the Father shall have custody from Christmas Day at 2:00 p.m. through December 26 at 7:00 p.m. B. Mother's Dav/Father's Day: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody for Father's Day. The parties shall adjust the weekend custody schedule to ensure that each party has custody in accordance with this provision. C. Other Holidavs: The parties shall share or alternate having custody on the remaining holidays as arranged by agreement. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have a one-week unintemlpted period of custody with the Children during the sUl1l1l1er school vacation each year upon providing at least 30 days advance notice to the other party. Each party shall schedule his or her periods of eustody under this provision to include that party's regular alternating weekend. The party providing notice first under this provision shall be entitled to preference on his or her selection of vacation dates. 6. The Father shall contact the Children by telephone every Tuesday and Thursday evening at 7:30 p.m. The Mother shall cooperate in ensuring that the Children are available for the telephone calls under this provision. 7. After following the custody schedule provided in this Order for a period of at least three months, counsel for either party or a party pro se, may contact thf: conciliator to schedule an additional custody conciliation conference to review the arrangements, if necessary. 8. 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 ofthis Order shall control. BY THE COURT, ril J. cc: Ryan M. Poboy, Father Galen R. Waltz, Esquire - Counsel for Mother ~,~ ?-~S'<6i' Q-- RYANM. POBOY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-2615 CNIL ACTION LAW CRYSTAL L. HAIN Defendant IN CUSTODY Prior Judge: Kevin A. Hess 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Angel Marie Poboy Cali Elizabeth Poboy February 28, 1999 August 30, 2002 Mother Mother 2. A custody conciliation conference was held on July 14, 2005, with the following individuals in attendance: The Father, Ryan M. Poboy, who is not represented by counsel in this matter, and the Mother, Crystal L. Shensky, formerly Hain, with her counsel, Galen R. Waltz, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ /5, debS Date ~~- Dawn S. Sunday, Esqmre Custody Conciliator NOV 0 1 200~1'/ RYAN M. POBOY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-2615 CNIL ACTION LAW CRYSTAL L. HAIN Defendant IN CUSTODY ORDER AND NOW, this 14th day of October,2005 ,the conciliator, being advised that the custody conciliation conference scheduled for November I, 2005 is no necessary, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for November I, 2005, is cancelled. FOR THE COURT, -J.e Dawn S. Sunday, Esquire Custody Conciliator VJN\i/\"lASN I\J jd JJNrC:C! .,';?inn8 ZS : II WV Z- AON SOOl AlJVIONGHlUC!d 3Hl .:10 38!:l:!O-G3ll:l II Ryan M. Poboy : IN THE COURT OF COMMON PLEAS Plaintiff, Respondent: CUMBERLAND COUNTY, PENNSYLVANIA v 05-2615 Civil Action Law - In Custody Crystal L.. Hain Defendant, Petitioner : Petition for Scheduling Relocation Hearing 1. Plaintiff and Respondent is Ryan M. Poboy, an adult individual whose residence is at R.R. 5, Box 809, Altoona, PA 16601, 2. Defendant and Petitioner herein is Crystal L. Hain, now known as Crystal L. Shensky, an adult individual whose residence is at 17 E. Lisburn Road, Mechanicsburg, PA 17055. 3. Petitioner shares legal custody of her daughters, Angel Marie Poboy, born February 28, 1999 and Cali Elizabeth Poboy, born August 30, 2002, with Respondent. 4. Petitioner has primary physical custody of the children pursuant to the July 25, 2005 Order of Court attached herein as exhibit 1 and incorporated herein as if fully set forth. 5. The Respondent, Plaintiff is subject to a Protection From Abuse Final Order of Court that is scheduled to expire April 7, 2006 and was signed on October 7, 2004 by the Honorable Kevin A. Hess (exhibit 2 attached herein and incorporated as if fully set forth.) 6, On or about June 2006 petitioner expects to move from her current address and relocate to 680 Goshon Road, Cape May Courthouse, New Jersey. 7. Petitioner is married to Jacob Shensky. 8. Petitioner's husband, Jacob Shensky, accepted a new position with his family's business located at Stone Harbor, New Jersey with an effective job start date of June 2006. 9. Petitioner, who currently works at Ruby Tuesday's, shall assume a new position in her father/mother -in -laws business located in Stone Harbor, New Jersey. II 1 Q,As a direct result of the job relocation, the combined salary of petitioner and her husband will substantially increase from its current amount. 11. The Petitioner's husband shall receive medical benefits in the new position; thereby enabling the Petitioner to be removed from medical assistance rolls. 12. The Petitioner will be relocating to an area that contains recreation facilities closer to her New Jersey residence than what exist at her Pennsylvania residence. Additionally, there are numerous parks located near the residence. 13. The minor children shall be able to continue to befriend relatives similar in age at the new residence. 14. New Jersey will provide similar schools that are closer to the residence than the schools the children presently attend in Pennsylvania. Furthermore, the Community in Cape May Courthouse is similar to Cumberland County; the cost of living is similar at this location in New Jersey; regardless, the substantial increase in salary compensates not only for any possible increase in cost of living but it also shall produce a substantial surplus, 15. As a result of the relocation, the Petitioner shall be able to move into a single- family residence with ownership of both the land and the house as opposed to her present status of renting a property in Mechanicsburg, Pennsylvania. 16, Petitioner's husband is entering the business with the design to take over the day-to-day and yearly operation of the family business. 17. The Petitioner has elected to utilize Dr. Wong of Cape May Pediatrics as the New Jersey Pediatrician. 18. There are considerably more cultural events in the Cape May/Stone Harbor New Jersey area; the cultural events will increase during the course of the summer busy season for the family business which is called the Harbor Bike and Beach Shop located at 9828 Third Ave, Stone Harbor, New Jersey, 08245, 19. The children would attend Middle Township School District; they would be attending Middle Township Elementary School in New Jersey; the children's daily commute to Middle Township Elementary School will be approximately the same as their current commute to Upper Allen Elementary School. 20. Petitioner intends to provide the Respondent with the same custody/visitation that is described in the July 25, 2005 Custody Court Order; however, the only change to the current custody order would involve the location for exchange of the children. It is the Petitioner's desire to have the exchanges moved from II Mifflintown or the Breezewood Exit of the Pennsylvania Turn Pike to a location in Mechanicsburg, Pennsylvania. 21. The Respondent's natural father and other relatives are located in Mechanicsburg, Pennsylvania. WHEREFORE, Petitioner respectfully requests this Honorable Court to hold a full evidentiary hearing relative to the relocation of the Petitioner and the minor children; furthermore, the petitioner requests the Honorable Court to render a decision in favor the minor children relocating with the Petitioner to Cape May Courthouse, New Jersey. ~/&,/ot Date en R. Waltz, Es Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 ext 22 Gwaltz@turolaw.com II VERIFICATION I verify that the statements made in the foregoing Petition to Schedule Relocation Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, ~4904 relating to unsworn falsification to authorities. ;:<//ff/M Date ~ Gl)S~ d ji cvir~ ~h CL (k~s tRt;# ,stumhJ Crystal L. Hain aka Crystal L. Shensky RYANM. POBOY Plaintiff RECEIVED JUL 2, 01005 fJ11' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 05-2615 CNIL ACTION LAW CRYSTALL. RAIN Defendant IN CUSTODY ORDER OF COURT AND NOW, this JS day of ~ ' 2005, upon consideration of the attached Custody Conciliation Report, It IS ordered and dIrected as follows: 1. The Father, Ryan M. Poboy, and the Mother, Crystal L. Hain, shall have shared legal custody of Angel Marie Poboy, born February 28, 1999, and Cali Elizabeth Poboy, born August 30, 2002. The parties agree that major decisions concerning their Children, including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each party agrees not to attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning their Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. Each parent shall notify the other parent as soon as possible of any health problem, injury or similar medical emergency or treatment concerning the Children. With regard to any emergency decisions, which must be made, the parent then having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. Mutual agreement shall be made, in advance, regarding the following matters: emollment or termination in a particular school or school program, advancing or holding the Children back in school, authorizing emollment in college, authorizing their Children's driver's license or purchase of an automobile, authorizing employment, authorizing either the Children's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. The Mother shall have primary physical custody of the Children. EXHIBIT 1-1. 3. The Father shall have partial physical custody of the Children in accordance with the following schedule: A, The Father shall have custody of the Children for the first three times on alternating weekends at the paternal grandfather's residence in the local area. The periods of custody during the first three custodial weekends shall run from Saturday at 7:30 a.m., when the Mother shall transport the Children to their paternal grandfather's residence, through Sunday at 6:00 p.m. when the Mother shall pick up the Children at the paternal grandfather's residence, The beginning time for the period of custody on July 23, 2005 shall be adjusted due to the Father's attendance at a class in Carlisle in the morning so that the Mother shall transport the Children to the maternal grandmother's residence by 12:30 for pickup by the Father. B. After three alternating weekends on the schedule set forth in the preceding paragraph, the Father shall continue to have custody of the Children on alternating weekends, which may take place at the Father's residence in Altoona, from Friday at 8:00 p.m, through Sunday at 7 :00 p.m, Exchanges of custody under this provision shall take place at the McDonald's offRt. 322 in Mifflintown except during severe winter weather conditions or road closings, in which event the parties shall make arrangements to exchange custody of the Children at the Breezewood exit off the Pennsylvania Turnpike. 4, The parties shall have custody of the Children on holidays as follows: A. Christmas! In every year, the Mother shall have custody of the Children from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m" and the Father shall have custody from Christmas Day at 2:00 p.m. through December 26 at 7:00 p.m. B. Mother's Day/Father's Dav: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody for Father's Day. The parties shall adjust the weekend custody schedule to ensure that each party has custody in accordance with this provision. C. Other Holidavs: The parties shall share or alternate having custody on the remaining holidays as arranged by agreement. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5, Each party shall be entitled to have a one-week uninterrupted period of custody with the Children during the summer school vacation each year upon proyiding at least 30 days advance notice to the other party, Each party shall schedule his or her periods of custody under this provision to include that party's regular alternating weekend, The party providing notice first under this provision shall be entitled to preference on his or her selection ofyacation dates. 6. The Father shall contact the Children by telephone every Tuesday and Thursday evening at 7:30 p.m. The Mother shall cooperate in ensuring that the Children are available for the telephone calls under this provision. 7. After following the custody schedule provided in this Order for a period of at least three months, counsel for either party or a party pro se, may contact the conciliator to schedule an additional custody conciliation conference to review the arrangements, if necessary. 8. 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 ofthis Order shall control. BY THE COURT, 1,,/ i~A</ () ~ I f Kevin A. Hess J. cc: Ryan M, Poboy, Father Galen R. Wa!tz, Esquire - Counsel for Mother fFEUE COPY FROM RECORlJ I P1 T OiitlmoilY WhSfoof, lll(lre Ullro s./It my Mnd J.ml the ~ Ii said ~ Carllsl4l, PII. ) Tnis J~ ~ ~ ~J . l Iy 0) p~u , ProthcnGt'aN RYAN M. POBOY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-2615 CIVIL ACTION LAW CRYSTAL L. HAIN Defendant IN CUSTODY Prior Judge: Kevin A Hess 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Angel Marie Poboy Cali Elizabeth Poboy February 28, 1999 August 30, 2002 Mother Mother 2. A custody conciliation conference was held on July 14, 2005, with the following individuals in attendance: The Father, Ryan M. Poboy, who is not represented by counsel in this matter, and the Mother, Crystal L. Shensky, formerly Hain, with her counsel, Galen R, Waltz, Esquire. 3. The parties agreed to entry of an Order in the form as attached, ~ l~dCbS Date D'~- Custody Conciliator Crystal Lee Hain, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Ryan Michael Poboy, Defendant : No. 04-4971 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Ryan Michael Poboy Defendant's Date of Birth: October 24, 1980 . Defendant's Social Security Number: 159-62-1744 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: 1. Names Crystal Lee Hain Dates of Birth January 10, 1983 Plaintiff or Protected Person(s) is/are: [] spouse or former spouse of Defendant [X] parent of a common child with Defendant [X] current or former sexual or intimate partner with Defendant [] child of Plaintiff [J child of Defendant [J family member related by blood (consanguinity) to Defendant [J family member related by marriage or affinity to Defendant [J sibling (person who shares biological parenthood) of Defendant [J current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance withPa. R.C.P. 1930.4 and provided notice of the time, date and location ofthe hearing scheduled in this matter. Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Jessica Diamondstone I EXHIBIT a . Defendant appeared personally and is unrepresented. AND NOW, this 7th Day of October, 2004 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff's request for a Final Protection Order is granted, after hearing upon finding abuse within the PF A Act. Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at; 17 East Lisburn Road Mechanicsburg, PA 17055 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession ofthe residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. Angel Poboy 2. Cali Poboy shall be as follows: . Primary physical custody of the minor child/ren is awarded to the Plaintiff. . Plaintiff shall have primary physical custody of the parties' minor children and Defendant shall have periods of partial custody at times agreeable to the parties. 6. The following additional relief is granted as authorized by 96108 of the Act: - Defendant is prohibited from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. - Defendant shall not damage or destroy any property owned jointly by the parties' or solely by the Plaintiff. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Upper Allen Township Police Department Hampden Township Police Department Mechanicsburg Borough Police Department 8. THIS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER 9. All provisions ofthis order shall expire on: April 7, 2006 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S, 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL VANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S,C. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S,C 992261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. g922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 5 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. S6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriffs Office shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT: / ~ . /l J;h- Kevin A. Hess (lvr ~ j,..r 7 Z40 oj Date Distribution to: Legal Services Faxed & Mailed to PSP II Ryan M. Poboy Plaintiff, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v 05-2615 Civil Action Law - In Custody Crystal L.. Hain Defendant, Petitioner CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Petition to Schedule Relocation Hearing, upon Ryan Poboy, by depositing same in the United States Mail, first class, postage pre-paid on the 17i'~ day of KJ Y'V\~ ">1 , 2006, from Carlisle, Pennsylvania, addressed as follows: (F Ryan Poboy RR5 Box 809 Altoona, PA 16601 TURO LAW OFFICES Ga en R. Waltz, Esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ~~ - \I 1: c> 3 ~ ~ --L.. ~--.'" < '") ... -~ ., -'1~\ , , oen . --j - -------- Ryan M. Poboy : IN THE COURT OF COMMON PLEAS Plaintiff, Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v 05-2615 Civil Action Law - In Custody Crystal L.. Hain Defendant, Petitioner : Emere:encv Petition For Special Relief AND NOW Comes Petitioner, Crystal L. Hain, by and through her attorney, Galen R. Waltz, Esquire who brings this Emergency Petition For Special Relief and avers as follows; I. Crystal L. Hain, petitioner, is an adult individual who resides at 17 E, Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, 2. Ryan M. Poboy, Respondent is an adult individual who resides at RR#, Box 809, Altoona, Pennsylvania 16601 3. Petitioner and Respondent are the natural mother and natural father of two children Angel Marie Poboy date of birth February 28, 1999 and Cali Elizabeth Poboy date of birth August 30, 2002. 4. Petitioner and Respondent have shared legal custody of the children and Petitioner has primary physical custody ofthe children pursuant to the attached, July 25, 2005 Order of Court incorporated herein as if fully set forth (Exhibit I) 5. The Respondent, Plaintiff is subject to a Protection from Abuse final Order of Court that is scheduled to expire April 7, 2006 and was signed on October 7, 2004 by the Honorable Kevin A. Hess (exhibit 2 attached herein and incorporated as if fully set forth.) 6. A Petition for scheduling Relocation Hearing was filed with the court on February 17, 2005 7. Petitioner has remarried and is now known as Crystal L. Shensky, 8. According to Exhibit 1, the Respondent is scheduled to have custody of his children this weekend (February 24, 2006 - February 26, 2006), 9, On February 15, 2006 Petitioner telephoned Respondent in an attempt to determine the children's living arrangements since respondent reportedly relocated to a different residence 10. On February 15, 2006 for the first time, respondent advised Petitioner that Respondent "moved in with two other male roommates" or words to that effect. 11. At first Respondent stated, "he was going to be living alone" or words to that effect. 12. In response to Petitioners inquiry as to where the girls were going to stay Respondent said "in his room and in his bed" or words to that effect. 13, Respondent further articulated that "when the girls are in his possession (Petitioner) has no business knowing what he is doing with them, where they are staying and where they are sleeping or words to that effect. 14. Respondent refuses to provide a separate room dedicated for the children; he refuses to provide the girls (children) with clothes, car seats and everyday living necessities. II 'I 15. Respondent refuses to provide petitioner with the address where he resides. 16. Respondent admitted to Petitioner that Respondent has an outstanding warrant for Respondent's arrest based upon unpaid speeding violations or words to that effect. 17, Petitioner fears for the safety of the children and although Petitioner does not wish to be in contempt of this courts custody order, petitioner files this petition for special relief. WHEREFORE, petitioner prays that this Honorable Court Order a hearing in this matter and that the allegations are determined to be true, issue an order excusing Petitioner from providing the children to Respondent for overnight visits until evidence is provided showing Respondents suitable living quarters. Respectfully Submitted, ,--2/-J Y /a k- Date C~~.;, ;It , Galen R. Waltz, Esqui Turo Law Offices 28 South Pitt Street Carlisle, PA 17103 (717)245-9688 VERIFICATION I verify that the statements made in the foregoing Emergency Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ;J - ,::j Lf- () Lc Cu;5 fu.1' i/CciYL c,,"-Kcc i i..-' tCL.{ if ,51 L C 1\ S kLj' Crystal H n aka ( Crystal L. Shensky . Date II CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Emergency Petition For Special Relief, upon Ryan Poboy, ~ depositing same in the United States Mail, first class, postage pre-paid on the .A'Y) day of _r;..Jr"~ ' 2006 from Carlisle, Pennsylvania, addressed as follows: ( Ryan Poboy RR#, Box 809 Altoona, Pennsylvania 16601 TURO LAW OFFICES ;./"'j ~ - d<) f~" Galen R. Waltz, Esq . 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245,2165 , II " "<l. ., .-.< ?C) B 1t. ....... ~ ..:( r ...c: """ ~ b r +- -:r- ~ (' 'II 11\ Ryan M. Poboy Plaintiff, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v 05-2615 Civil Action Law -In Custody Crystal L.. Hain Defendant, Petitioner ORDER AND NOW, this :2 ~ '1 d.. day of ~12I11!&~2006, upon consideration of the Petition for Scheduling a Relocation Hearing as filed by efendant, a hearing is hereby ordered to be held the 'Iff! day of 171 a~ ,2006, at 9; 3d ,ft:.M. in courtroom number tf of the Cumberland ounty Courthouse. By The Court, / iy.;hk.., J. c.c. Ryan Po boy } Galen R Waltz, Esquire )- f, --(}[; C~ ~ ..~~ ,d n u ~;d <"" 11,.,' ~..' -,"7 (~\~.'\ (,:, (1"'.:1 RY AN M. POBOY PLA INTI FF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-2615 CIVIL ACTION LAW CRYSTAL L. HAIN DEFFNDANT IN CUSTODY ORDER OF COURT AND NOW. _._.._, -----".ridll}:, M.rcblO,1.006___._.., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Snnd.y, Esq. , the conciliator, at__._J.'I'\lest .1"'~ifJl'treet,.Mech.nicsburg, P A 17055 on _.._......I'uesd.y-'-lI:lll~"-h_~~'-2006_.__,__ at 1 :00 PM 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: Is; Dawn S, Sunday, 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 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 Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4'7~ ~ z. fTrVb~ ~ 1/,/1/ r ~ .:Z /?;r7J>17 ~.Y'~ 'Yc7,1 / r.- iPe? ~ :2 ~ ~y -/'7/ 1i?/1/(' " :- l:: ::,:1 )' ' " , j t'. j; ...,l- ~ I ' RYAN M. POBOY Plaintiff !-'-7~.;~'r')-! ,(', 1., ,.~;. ..' , ! Il,PR 192006, II "v" d ~ -> * . y IN THE COURT OF COMNTON1>~~= CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-2615 CIVIL ACTION LAW CRYSTAL L. HAIN Defendant IN CUSTODY ORDER OF COURT AND NOW, this I 'j . day of ~.../ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Pending further Order of Court or agreement of the parties, the pllor Order of this Court dated July 25, 2005 shall continue in effect as modified by this Order. 2. The parties shall engage in a weekly telephone call on Tuesdays at 9:00 p.m. for the purpose of discussing issues and developments concerning the Children on a regular basis and improving communication and cooperation in co-parenting the Children. Unless otherwise agreed between the parties, the Mother shall initiate the weekly telephone call. 3. Both parties shall ensure that telephone conversations between the non-custodial parent and the Children is not hindered or interrupted in any way by the other parent or members of the other parent's household or family. 4. All communication concerning the Children shall be conducted directly between the parents without intervention or interference by third parties, including members of either parent's household or family. 5. In the event the Children are off school on a Friday or Monday immediately preceding or following the Father's regular alternating weekend periods of custody and the Father is not working, the Father's period of custody shall be expanded to include the day off school with the exchanges to take place at times to be arranged by agreement between the parties. 6, The Father shall provide, through counsel, the full names of the individuals currently residing in his residence within five days ofthe date of the custody conciliation conference. '''",:''' "~ 1 1 ".1 Ii') '.j ~.. .1 '~[~tZ 7. The parties agree to cooperate in continuing discussions in an effort to resolve issues related to the Mother's request for relocation. BY THE COURT, /Ii J. cc: ..shawn B. Cohen, Esquire - Counsel for Father ",.Galen R. Waltz, Esquire - Counsel for Mother RYAN M. POBOY Plaintiff IN THE COURT 01< COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-2615 CIVIL ACTION LAW CRYSTAL L. RAIN Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Angel Marie Poboy Cali Elizabeth Poboy February 28,1999 August 30, 2002 Mother Mother 2. A custody conciliation conference was held on April 10, 2006, with the following individuals in attendance: The Mother, Crystal L. Shensky (formerly Hain), with her counsel, Galen R. Waltz, Esquire. The Father, Ryan M. Poboy, and his counsel, Shawn B. Cohen, Esquire, participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. A~ D I ate t7(rkou a~~_ Dawn S. Sunday, Esquire Custody Conciliator RYANM. POBOY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 05-2615 CNIL CRYSTAL L. HAIN, DefendantlPetitioner IN RE: PETITION FOR RELOCATION ORDER AND NOW, this z.:! day of May, 2006, hearing in the above captioned matter set for May 4, 2006, is continued to Friday, May 26, 2006, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, K<~,.11 Ayan Poboy R. R. 5, Box 809 Altoona, PA 16601 ~awn Cohen, Esquire For the Plaintiff ~en R. Waltz, Esquire For the Defendant ~ rj& ';)JJ o .. ""6; \?~ , ~:~:\'> 'f,)\~ , ~"...,- (0\> _.::Jt.t) v-- ~- ~ '-"" C '.,..;>"") c...l (0 -:<:'.. ,~ c-l \ -,.- ..'... y J' t:--~., ~ RYAN M. POBOY, PlaintifflRespondent VS. CRYSTAL L. HAIN, DefendantlPetitioner IN THE COURT OF COM ON PLEAS OF CUMBERLAND COUNT , PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2615 CIVIL IN RE: PETITION FOR RELOCATIO . .1"", AND NOW, thIS , ORDER day of May, 2006, after hearing and consideration of the testimony adduced, the petition of the defendant, Crystal L. Hain, to elocate to the state of New Jersey is GRANTED. The respondent, plaintiff Ryan M. Poboy, sh 1 have the authority to designate the place in the Mechanicsburg area where exchanges of c stody shall occur. It is anticipated that adjustments will be made to the current ustody order to insure meaningful contact between the father and the children. ~tt Stein, Esquire For the Plaintiff ~len R. Waltz, Esquire ~ For the Defendant :rlm BY THE COU T, Ad \P ~D ~,J 0") ""'I'.^'n^ '",'I.>~I J 88 :! I H11 IS}, VH gOOl ftJ\/'u""1 I"'''j ~Hl JO 'j \\; ,,,..,Ii '.ri" ..., , . , ._ I ,-,', ,,,,'. ....;.....\ ~J :!:Ji:.:,i{}-(Illl:l