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Home My WebLink About02-1065 RANDY HOWARD HECKARD, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : NO. D~ - J~ C-u~L'-r~~ TAMMY HECKARD and JOHN GREER, : CIVIL ACTION - LAW DEFENDANTS : ACTION FOR CUSTODY You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE TInS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 RANDY HOWARD HECKARD, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. . : NO. D~ -/C::&S : CIVIL ACTION. LAW C;wL ~en.~ TAMMY HECKARD and JOHN GREER, DEFENDANTS : ACTION FOR CUSTODY AND NOW, comes the Plaintiff, RANDY HOWARD HECKARD, JR., by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following Complaint for Custody. 1. Plaintiff is RANDY HOWARD HECKARD, JR. who currently resides at 5000 Derry Street, Harrisburg, Dauphin County, Pennsylvania, 17111, 2. Defendant, TAMMY HECKARD, currently resides at 605 Second Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3, Defendant, JOHN GREER, currently resides at 3719 North Fourth Street, Harrisburg, Dauphin County, Pennsylvania, 17110. 4. Plaintiff seeks Shared Legal and Partial Physical Custody of the following minor children: NAME DEVON SEAN HECKARD ADDRESS DATE OF BIRTH 605 Second Street September 7, 1991 New Cumberland, PA DERRICK MICHAEL HECKARD 605 Second Street October 11,1992 New Cumberland, PA SHAUN MICHAEL HECKARD 605 Second Street June 13, 1994 New Cumberland, P A 5. DERRICK MICHAEL HECKARD and SHAUN MICHAEL HECKARD are children of the parties' marriage, Defendant, John Greer is the biological father of DEVON SEAN HECKARD, Plaintiff has been the primary father in the child's life since birth. All parties have joined in the decision to include DEVON SEAN HECKARD in this custody agreement. 6. All children are presently in the custody of the Defendant, Tammy Heckard who resides at 605 Second Street, New Cumberland, Cumberland County, Pennsylvania, 17070, 7. Since the children's birth the children have resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff and Defendant, Tammy Heckard Allentown 9nt91 to Summer 1992 Plaintiff and Defendant, Tammy Heckard Whitehall Township Summer 1992 to March, 1994 Defendant, Tammy Heckard and Defendant, Tammy Heckard's Mother, Nancy Sampson and Nancy Sampson's Boyfriend Lemoyne March, 1994 to Fall 1994 Defendant, Tammy Heckard New Cumberland Fall1994 to October, 2001 Defendant, Tammy Heckard 605 Second Street, New Cumberland October, 2001 to Present 8. The Mother of the children is Defendant, Tammy Heckard who currently resides at 605 Second Street, New Cumberland, Cumberland County, Pennsylvania, 17070, The Mother is single and presently resides with the parties' three (3) children. 9. The Father of the children is the Defendant, John Greer who currently resides at 3719 North Fourth Street, Harrisburg, Dauphin County, Pennsylvania, 17110, The Father is married and resides with his wife, Tammy Greer. 10. The Stepfather of Devon Sean Heckard and the Father of Derrick Michael Heckard and Shaun Michael Heckard is the Plaintiff, Randy Howard Heckard, Jr" who currently resides at 5000 Derry Street, Harrisburg, Dauphin County, Pennsylvania, 17111, The Father is single and resides with his significant other, Candace Seibert, 11. The relationship of the Defendant, Tammy Heckard to the children is that of the Natural Mother. Defendant, Tammy Heckard currently resides with her children. 12. The relationship of the Defendant, John Greer to Devon Sean Heckard is that of the Natural Father, Defendant, John Greer currently resides with his wife. 13, The relationship of the Plaintiff, Randy Howard Heckard, Jr., to Derrick Michael Heckard and Shaun Michael Heckard is that of the Natural Father. The relationship of the Plaintiff, Randy Howard Heckard, Jr., to Devon Sean Heckard is that of Stepfather, Plaintiff currently resides with his significant other, Candace Seibert. 14, The Plaintiff does not know of a person not a party to the proceedings who had physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interests and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff has great love and concern for his sons; B. Plaintiff financially supports and provides for his sons; C. Plaintiff has always been active with his sons in age appropriate activities in a loving and nurturing manner; D. Plaintiff wishes to continue to have regular, frequent visitation with his sons. 16. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, RANDY HOWARD HECKARD, JR., respectfully requests this Honorable Court to enter an Order granting the Plaintiff, RANDY HOWARD HECKARD, JR. and Defendant, TAMMY HECKARD, SHARED LEGAL CUSTODY, Defendant, TAMMY HECKARD, PRIMARY PHYSICAL CUSTODY, and Plaintiff, RANDY HOWARD HECKARD, JR., PARTIAL PHYSICAL CUSTODY of the minor children, DEVON SEAN HECKARD, DERRICK MICHAEL HECKARD, and SHAUN MICHAEL HECKARD, Respectfully submitted, LAW ARM OF SUSAN KAY CANDIELLO, P.C. Dated: March -f-, 2002 Susan Kay Ca Counsel for P PA I.D, # 64 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A, ~4904 relating to unsworn falsification to authorities. DATED: d2//5/.:L ~~L.JR - ~ iN -l ~?;~ r ~ 8 ~ . ~ '1 ~ 0 ~ J 8 0 0 <" /'>..) ""1'", '"tJ .J_ :x mcn .~ -,r~ ;;;0 ~-,,: 7C' I (.7) .I"' .:;:' ~ -<'" ~6 '1> -n ZO -".~ );:0 c: ~ '....) ~ o:.cl 0::::"" U1 " =< PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY HOWARD HECKARD, JR. v. 02-1065 CIVIL ACTION LAW TAMMY HECKARD AND JOHN GREER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 12, 2002 , 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, Mechanicshurg, PA 17055 on Tu~sday, April 09, 2002 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: Isl Dawn S. Sunday- Esq. {'(\w-- 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 VB 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249,3166 ~..r % ~ ~ ~i?,/;/[' ~ '2.~ ~IL. e(7-/1/E"' ~ ~ $ ~ -~ /'P ~t:7-/I'/- f' IfINIf^lASNN:Jd MNnn:i rJl\t,.,.,! '.:;''''. '''n'' ...1,.- \""; I' 1":.':~:J::Jrv V 6f.: :2 f./d I; I tJVW 20 Al:llfiC\\ii.'. ..'" "- . ''''''I 'J. ".,' ,;., -"H, :I" 1"\' ;,:'~ ..:~' ....111,'- -v 'h.I'd,'u--OJli:J I ! I I RANDY HOWARD HECKARD, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : NO. 02-1065 CIVIL TERM : CIVIL ACTION - LAW TAMMY HECKARD and JOHN GREER, DEFENDANTS : ACTION FOR CUSTODY AFUDA VIT OF SEJlVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Be it known, that on the ot)~ day of ~ , 2002, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Randy Howard Heckard, Jr., Plaintiff in the above-captioned matter. 3. On March 18,2002, a true and correct copy of the Complaint for Custody was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Oass Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 <J7n, addressed to Defendant, Tammy Heckard, at 605 Second Street, New Cumberland, PA 17070, and Article No. 7001 2510 000344399765, addressed to Defendant, John Greer, at 3719 North Fourth Street, Harrisburg, PA 17110, respectively, 4. The return receipt card signed by Defendant, Tammy Heckard, showing a date of service of March 19,2002, and the return receipt card signed by Defendant, John Greer, showing a date of service of March 21, 2002 are attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.c.P. 404(2) and Pa.R.C.P.403. SWORN TO AND SUBSCRIBED before me, a Notary Public, this 81l~ day of ~ ,2002. i!;.~~ Notary Public My Commission Expires: ~ Lj J DIDOS NolarIaI Seal ~ Hanford, Notary PublIc MIilI Bolo, Cumberland ~ My ComI.IhRlIu., ExpiI1l8 AfJr.4, 2005 . Complete ~oms 1, 2, and 3. Also complete Mem 4 ~ Restricted Delivery Is desired, · Print your nome and eddress on the I'OVOl'lIO 10 tha1 we con ratum the cord to you, . Attech this card to the beck of the msllplece. or on the front ~ space permits, 1, ArtIcle Add_to: \o..~~~ ttecl.Q('O Ul)5 SefuI'6 Skeet NeJ,;) Cu...m.'(x(' Io.rd PA I'1D?D RESTRICTED DEUVERY 2, Article Number """"'Il'om -.Ice Iabef ~ Form 3811, August 2001 ~ B. -t lJl.( Fjrlnted Nome) lilt 'f'77 j, c~AI<. 0, Is doIIwry __ d_from Item 17 ~ YES, enter delivery add.... below: 3. -1YPe t(CertIfled Mall 0 Exproos M8I1 o Reglstered 0 Retum R_pt for Morch__ o Insured M8I1 0 C,O,O. 4. ~1=lut DIIIvtry?...1WJ )1('" 7001 2510 0003 4439 9772 OomeItlc Return Receipt 'I02596.o1-M-2IOI ----,,- . Complete ~ems 1, 2. and 3, Also complete Mom 4 ~ Restricted Delivery Is desired. . Print your name and address on the reverse 10 that we can return the card to you. . Attech this card to the beck of the mallplece, or on the front ~ space perm~s. 1. Article Add_to: :s6'h.\\. G-~e.e.:, 3'1lq ND~n. fClu..ct\\ s.tre6 t\-o..(Tl::'bu.\~ PfI ()U{) .-::' 2. Article Number (hnsfer '""" service label) PS Form 3811. August 2001 x B. Received by (PrInted Name) O. Is doIIwry __ ditIerent from Item 17 If YES, enter delivery address below: 3. Service Type )if Certffied Mall 0 Exproas M8I1 DAaglstllfed 0 Return Receipt for Morc_ o Insured M8I1 0 C.O.D. .. fIMl1l I J IloI\Iory? __,... '" 7001 2510 0003 4439 9765 102595-01-M-2509 Domeotic Return Receipt Exhibit "A" Zt"" cnJ:!; ~6 ~o '-0 >c Z ~ 8 ~ C~ 'i r~ (", 0-- CY) &j &. cl ~ ~ d1~ r;; -i~~ Gh~ 6 ~ ::-:: ') 0 r ;;j :5 ; 0 RANDY HOWARD HECKARD, JR., Plaintiff VS. TAMMY HECKARD and JOHN GREER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1065 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~'~ day of ~ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tammy Heckard, shall have primary physical custody of Devon Scan Heckard, born September 7, 1991, Derrick Michael Heckard, born October 11, 1992, and Shaun Michael Heckard, born June 13, 1994. 2. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 3:30 p.m. 3. The parties shall engage in mediation with a professional selected by agreement. The purpose of the mediation shall be to assist the parties in discussing, selecting, and scheduling ongoing activities for the Children in advance to ensure mutual commitment to following the schedule during each party's periods of custody. Pending completion of the mediation and agreement of the parties or further Order of Court, the parties shall share having physical custody of the Children. The parties shall consult with each other in making all major non emergency decisions affecting the Children. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at a time to be arranged by agreement, and Segment B, which shall run from Christmas Day through December 26 at 1:00 p.m. The parties shall cooperate in scheduling an exchange time on Christmas Day to either enable both parties to have Christmas dinner with the Children or to alternate having custody of the Children for Christmas dinner each year. In every year, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Children each year over the New Years holiday (New Years Eve through New Years Day), Thanksgiving, Memorial Day and Labor Day. The specific times for periods of holiday custody under this provision shall be established by agreement. C. EASTER: In every year, the Mother shall have custody of the Children on Easter with the specific times to be arranged by agreement. D. JULY 4Tn/FAMILY REUNION: In every year, the Father shall have custody of the Children on the 4th Sunday in June for a family reunion and on July 4th, with the specific times to be arranged by agreement. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Children for two non-consecutive weeks during the summer school break each year upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. 6. 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. BY TH~ cc:~,~usan K. Candiello, Esquire - Counsel for Father ~l~effrey R. Boswell, Esquire - Counsel for Mother VINVA'IAgNN~d RANDY HOWARD HECKARD, JR., Plaintiff VS. : TAMMY HECKARD and JOHN GREER, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1065 CIVIL ACTION LAW 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Devon Sean Heckard Derrick Michael Heckard Shaun Michael Heckard September 7, 1991 October 11, 1992 June 13, 1994 Mother Mother Mother 2. A Conciliation Conference was held on May 7, 2002, with the following individuals in attendance: The Father, Randy Howard Heckard, Jr., with his counsel, Susan K. Candiello, Esquire, and the Mother, Tammy Heckard, with her counsel, Jeffrey R. Boswell, Esquire. It should be noted that John Greer is also named as a Defendant in this matter. John Greer is the biological father of Devon Sean Heckard, whom the Conciliator was advised has no contact with Devon and did not attend the Conference. The Mother agreed at the Conference that Randy Heckard would have ongoing contact with Devon. There was no objection to the inclusion of Devon in the Father's request for custody. 3. The parties agreed to entry of an Order in the form as attached. One of the major issues discussed at the Conference was the Father's request for shared legal custody, specifically, scheduling of the activities for the Children during the Father's periods of physical custody and the responsibility of the Father to take the Children to scheduled activities. The Mother expressed serious concern about the parties' ability to make mutual decisions concerning the Children's activity schedule due to past experience in this regard. The parties agreed to engage in mediation (leading possibly to communications counseling) in an effort to improve their ability to make scheduling decisions and commitments for the Children in advance to prevent future conflicts. If the issues concerning the Children's participation and activities cannot be resolved through mediation, the parties may require further conciliation or the assistance of the Court in resolving the legal custody issues. Dav~S. SSu~day, Esquire / Custody Conciliator