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HomeMy WebLinkAbout06-0472 TODD ANTHONY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SUSAN L ANTHONY, Defendant CIVIL ACTION - LAW NoDi.. -47:z.. CIVIL IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Todd Anthony, residing at 77 Mountain Street, Rear A, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The defendant Susan L Anthony, residing at 168 CME, Newville, Cumberland County, Pennsylvania 1724 I. 3. Plaintiff seeks custody of the following child: Name Brooklyn Anthony Present Residence DOB 168 CME 11/10/92 Newville, Pennsylvania 17241 Age 12 The child was born out of wedlock The child is presently in the custody of Susan L Anthony, residing at 168 CME, Newville, Cumberland County, Pennsylvania 17241. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Todd and Susan Anthony 77 Mountain Street, Rear A. Mt. Holly Springs, Pennsylvania 17065 Birth - 03/2003 Todd Anthony 77 Mountain Street, Rear A Mt. Holly Springs, Pennsylvania 17065 03/2003 - 12/2003 Susan Anthony 168 CME Newville, Pennsylvania 17241 01/2004 - Present 4. The mother of the child Susan L. Anthony, residing at 168 CME, Newville, Cumberland County, Pennsylvania 17241. She is not married. The father of the child Todd Anthony, residing at 77 Mountain Street, Rear A, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. He is married. 5, The relationship of plaintiff to the child is that off ather , The plaintiff currently resides with the following persons. Name Evelyn RaeLynn Anthony Relationship Wife 6. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons. Name Benjamin Ocker Relationship Boyfriend 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff partial primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER, BAYLEY & WHARE Dat~ ~nw),&J~.9a)(p 1-- . - Karl E. Rominger, Esquire IS 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff TODD ANTHONY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SUSAN 1. ANTHONY, Defendant CIVIL ACTION - LAW No. CIVIL IN CUSTODY VERIFICA nON 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. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. ~ " _ ~1 ,/' ,.~- / di.......~ ./,'. '/ .,/" ~;'.(/ ~,"'-- -.. / /"" ~ ; Todd Anthony, Plaintiff v' TODD ANTHONY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SUSAN L ANTHONY, Defendant CIVIL ACTION - LAW No. CIVIL IN CUSTODY CERTIFIACTE OF SERVICE I, Karl E. Rominger, Esquire, do hereby certify that I this day served a copy of the within Complaint in Custody upon the following by depositing the same via United States First Class Mail, and Certified, Restricted Delivery, with Return Receipt, Carlisle, Pennsylvania, addressed as follows: Susan 1. Anthony 168 CME Newville, Pennsylvania 17241 Respectfully submitted, ROMINGER, BAYLEY & WHARE D"..jYl'-' "'?f ;Ii{ d{XJiP /- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court J.D. # 81924 Attorney for Plaintiff A:)D ~ F:. ~ \f. "' ~ ~ ~ ~ w ~ () Lv ~ ~ 0- -;V p:::: ~ "-.( ~-. :? ,:-) -II ~:- :-;:1 '" tij:}~ f'._:' ~::r~ C:.) ;;< TODD ANTHONY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-472 CIVIL ACTION LAW SUSAN L. ANTHONY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Thursday, Janua'I.2.~,~O~_~. m _ __' upon consideration of the attached Complaint, it is herehy directed that parties and their respective counsel appear beforc Hubert X, Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland Counn- Courthouse, Carlisle on Friday, Feb!.~~'1}2.1_0_06 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 ordcr. All children age fivc or older may also be prcsent at the conference, Failure to appear at the confercnce 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 orders, Special Relief orders. and Custody orders to the conciliator 48 bours prior to scheduled hearing. FOR THE COURT. By: Isl Hubert X Gilr.QY, Esq. Custody Conciliator p~'; The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the cOllli, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business be!{lfe 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 Carlislc, Pennsylvania 17013 Telephone (717) 249-3166 _ r! ~~. Jf. -1?-;Wr k"""J 1(} (C. / . tfp -i2 ~ 7?t.. N [. t'/ ~~hlf7 ~ ,~ /W,z,:W' ~rl p1) "N' ( "" I U V:t.I\F\1i q,I'."'d "Ir'....- . ""'"I \I::) I (\1;,(1 ',rt.I';'/I-;u....,~.,.t."n" . ,- "...:~\:i~\, -.J SO :2 Wd L2 NVr 900Z '\b\'lIO"\\('j'I""'J "1Hl:l _ .v ,,~...,.,:! r; 381:1:1(::-(;311:1 v 1..-- R ~ [I='! \ '~o] - f3 n " 'r'Q '_~L <.c~...) ...:.' ....0 :,)1,J r TODD ANTHONY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-472 CIVIL ACTION - LAW SUSAN L. ANTHONY, Defendant IN CUSTODY COURT ORDER AND NOW, this 2'i tt. day of February, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. -1- of the Cumberland Court Courthouse on the ~1~ day of ~ i.? ,1 , 2006 at q: 1() . -A.,.m. At this hearing, the Fathe shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and the opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify at the hearing, 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 said hearing, legal counsel for the parties may work between themselves to designate a guardian ad litem or a counselor for Brooklyn M. Anthony for purposes of detennining whether Brooklyn has any preference on a custody situation. In the event such an evaluation is completed prior to the hearing and the parties desire to return the case to the Custody Conciliator for a conference prior to a hearing, either party may contact the Conciliator directly for the scheduling of such a conference. 3. Pending further Order of this Court, the following Court Order is entered: A. The Father, Todd Anthony, and the Mother, Susan L. Anthony, shall enjoy shared legal custody of Brooklyn M. Anthony, born November 10, 1992, and Amber L. Anthony, born March 26,1988. B. The Mother shall enjoy primary physical custody of the minor children. C. With respect to Amber L. Anthony, Father shall have periods of temporary physical cnstody with the minor child as the parties agree. .~ ~ ) (, '.;..... f D. With respect to Brooklyn M. Anthony, Father shall have periods of temporary physical custody with the minor child consistent with the prior schedule the parties have been working under which will include alternating weekeuds, one evening per week, and at such other times as the parties agree. When Father does have custody on either a weekday or Sunday evening and is returning the child, the child shall be returned by 9:00 p.m. each evening. BY THE COURT, -r ~U'...iJ-" Y;dp~ ;;/<1106 /~ I J), co, "-r-' '>1~L Jt Cc: Jennifer Spears, Esquire Karl Rominger, Esquire TODD ANTHONY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.06-472 CIVIL ACTION - LAW SUSAN L. ANTHONY, Defendant 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 children who are the subject of this litigation is as follows: Brooklyn M. Anthony, born November 10, 1992 Amber 1. Anthony, born March 26, 1988 2. A Conciliation Conference was held on February 17, 2006 with the following individuals in attendance: The Mother, Susan 1. Anthony, with her counsel, Jennifer Spears, Esquire The Father, Todd Anthony, with his counsel, Karl Rominger, Esquire 3. The parties have been separated since March of 2003 and working under an informal custody arrangement whereby Mother has primary physical custody and Dad has enjoyed periods of temporary custody on alternating weekends, one evening per week, and at such other times as agreed. This custody has been limited to the minor child Brooklyn because Amber currently is not visiting with Dad. 4. Father is now seeking more time with Brooklyn and is seeking a minimum of a 50/50 custody arrangement. Mother is in opposition to this request. The parties cannot reach an agreement and a hearing is required. 5. The Conciliator recommends an Order in the form as attached. Date: February :D ,2006 ~.~~ Custody Conciliat r TODD ANTHONY, Plaintiff v. SUSAN L. ANTHONY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-0472 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of April, 2006, due to a conflict in the Court's schedule, the hearing scheduled for Monday, April 24, 2006, at 9:30 a.m., is transferred to the Honorable M.L. Ebert, Jr., and will be heard in Courtroom NO.5. JtGnifer Spears, Esq. Attorney for Plaintiff ~1 Rominger, Esq. . Attorney for Defendant J :rc BY THE COURT, , J. rl ~; : . l -;" 1 ,,~ '.. ' (, F:IFILES\DA T AFlLE\GelleraIICurrellII11371.55.sti .... Created 9/20104 0:06PM Revised 4/20/06356PM ':~7:-f~' (" ~~ 1'(; p~t]j.' \ .1\. "\_..;', .A C...".-,' .>.,,',.~ \ APR 2 4 Z006 I V 'BY'. Q c.----.-O'-.- ~--'='c~,., --- Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D.87445 10 East High Street Carlisle, P A 17013 (717) 243c3341 Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD ANTHONY, v. NO. 06-0472 CNIL ACTION - LAW SUSAN L. ANTHONY, Defendant IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of the mmor children, Brooklyn M. Anthony, born November 10, 1992, and Amber L. Anthony, born March 26, 1988. All decisions affecting the children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like lreatinent; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. Each party agrees to keep the other informed ofthe progress ofthe children's education and social adjustinents. Each party agrees not to impair the other party' s right to shared legal or physical . L ,\' .. . . custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the children. 3, While in the presence of/he children, neither parent shall make or permit any otherperson to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule set forth herein and to encourage them to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notifY the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as a messenger. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with himlher as soon as possible. Day-to-daydecisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities, 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of/he other parent without that parent's express prior approval; however, each .. ,.. .y ... parent has a duty to ensure the children's attendance and participation in any sports, extracurricular activities or jobs in which the children choose to participate, 10. Eitherparties' spouse or significant other shall be acceptable to substitute for transportation and to pick up the children in place of the parent for routine appointments and the like. II. PHYSICAL CUSTODY The parents shall share physical custody of/he children. Mother shall have primary physical custody. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: 1. Father shall have custody of Brooklyn on alternating Friday evenings after school until Monday morning when Father shall take Brooklyn to school. 2. Father shall have custody of Brooklyn for one overnight visitation per week on a weekday after school until the following morning when Father shall take Brooklyn to school. The day shall be determined by the parties and the child. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonab Ie telephone access between the children and both parents. The children shall be permitted free access to place calls to their parents at any time they desire. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances, In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. .'t This Stipulation shall be entered as an Order of the Court. z;;{/ ~3/)~ ~ Todd Anthony, PlaintM ( , ) l/~'- Susan 1. Anthony /- - ----- Karl Rominger, Esquire Attorney for Plaintiff J enni r . Spears, Esquire Attorney for Defendant BY THE COURT: Date:~) -ob /0\J) \9 v.:<)J D