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Home My WebLink About06-0619 II , , HILLIP A. SABINE, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant : NO. CIVIL ACTION - LAW : INCUSTODY CIVIL TERM NGELA M. KING, NOTICE ou have been sued in court, If you wish to defend against the claims set forth in the following ages, you must ta1<e action within twenty (20) days after this Complaint and Notice are served, y entering a written appearance personally or by attorney and filing in writing with a court your efenses or objections to the claims set forth against you. You are warned that if you fail to do o the case may proceed without you and a judgment may be entered against you by the Court ithout further notice for any money claimed in the Complaint or for any other claim or relief equested by the Plaintiff. You may lose money or property or other rights important to you. ~OU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE jA LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE ~AN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ~ YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO I ROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL I ERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. II I Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P. C. By: II]~ Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P .C. PHILLIP A. SABINE, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant : NO. 0(.' (. I 'I CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ANGELA M. KING, COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff Phillip A. Sabine, Jr., by his attorneys, Snelbaker, & Brenneman, P. C" and avers the following: 1. Plaintiff is Phillip A, Sabine, Jr. residing at 1106 Mayflower Drive, Newark, Delaware 19711. 2. Defendant is Angela M. King residing at 20 Johns Drive, Enola, Pennsylvania 17025, 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE Anthony Sabine 1106 Mayflower Drive Newark, Delaware 19711 16 (D.O.B. 2/19/89) The child was born out of wedlock. The child is presently in the custody of Phillip A, Sabine, Jr. who resides at the address indicated in Paragraph 1, above. During the last five (5) years, the child has resided with the following person at the following address: PERSONS ADDRESS DATES Plaintiff, Doroda Sabine, Travis Sabine and Nicole Sabine 1106 Mayflower Drive Newark, Delaware 19711 January 2006 to present Angela M. King 20 Johns Drive Enola, Pennsylvania 17025 2005 to January 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P .C. gela M. King and icholas King 20 Johns Drive and 33 Southmont Drive Enola, Pennsylvania 200 I to 2005 The mother of the child is Defendant Angela M. King currently residing at 20 ohns Drive, Enola, Pennsylvania. She is single, The father of the child is PlaintiffPhiIlip A. Sabine, Jr. currently residing at 1106 ayflower Drive, Newark, Delaware. He is married. 4, The relationship of Plaintiff to the child is that of father. The Plaintiff urrently resides with the following persons: NAME RELATIONSHIP Doroda Sabine Travis Sabine Nicole Sabine Wife Son Daughter 5. The relationship of Defendant to the child is that of mother. The Defendant urrently resides with the following persons: NAME RELATIONSHIP Unknown Unknown 6. Plaintiff has not participated as a party or witness, or in any other capacity, in ther litigation concerning custody ofthe child in this or another court. LAW OFFICES SNELBAKER & BRENNEMAN, P,C. Plaintiff has no information of a custody proceeding concerning the child pending 'n a court ofthis Commonwealth or in any other state. 2 Plaintiff does not know of a person not a party to the proceeding who has physical ustody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting laintiff primary physical custody of his son, Anthony Sabine, since can provide a stable, aring and nurturing environment which is in his son's best interest and wellbeing, 8. Each parent whose parental rights to the child have not been terminated and the erson who has physical custody ofthe child have been named as parties to this action. 11 other persons, named below, who are known to have or claim a right to custody or isitation of the child will be given notice of the pendency ofthis action and the right to ntervene: None. WHEREFORE, Plaintiff requests this Court to grant Plaintiff primary physical ustody of Anthony Sabine. SNELBAKER & BRENNEMAN, P. C. 011//VVV------ By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PAl 705 5-0318 (717) 697-8528 Attorneys for Plaintiff Phillip A. Sabine, Jr. ate: January 27,2006 l.AW OFFICES SNELBAKER & BRENNEMAN, P.C. 3 LAW OFFICES SNELBAKER & BRENNEMAN, P .C. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904 relating to unsworn falsification to authorities. !)ate: ~~~ (/~<< ~. Phillip A , ~ ~ -- ~ ..,J vJ ~ '^- ~ ~ "- \A, '0 \ , "-.J ~~ ~ ':c, \':!. )'" ~ ~ ~. ...., ~ ~ ~ ~ ~,~ l' ~ "'- ~ (") c::: ~',- ...,.-: " ,- ~ ";-' ...., c=> c::, ,~ o .., :r'.,., n1F -r-fj"l, ~~ ~T~ :r~; :.:--.'. (:-;; '~rn ~--) :..--;-t .,'tJ -< <- )-~ z (.) ~ ~ 01 N PHILLIP A. SABINE, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-619 CIVIL ANGELA M. KING, CIVIL ACTION - LAW Defendants CUSTODY AFFlDA VIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) Keith 0, Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Phillip A. Sabine, Jr., the Plaintiff in the above-captioned action; that on January 31, 2006 he did send to Defendant Angela M. King by certified mail, return receipt requested, a duly certified copy of the Custody Complaint which was filed in the above-captioned action as evidenced by the cover letter of the same date and Receipt For Certified Mail No. 7003 101000008131 2382; that both the Complaint and cover letter were duly received by Defendant Angela M, King as evidenccd by the Return Receipt card for said certified mail dated February], 2006; that a copy of the aforementioned cover letter dated January 31, 2006 is attached hereto and incorporated by rcference herein as "Exhibit A"; that the original Receipt For Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that LAW OFFICES SNELBAKER & BRENNEMAN, P .C. LAW OFFICES SNELBAKER & BRENNEMAN, P,c. the facts stated above are true and correct to the best of his knowledge, information and belief. {~ Keith 0, Brenneman Sworn to and subscribed before me this 2"" day of February, 2006. ~.. /L~ /,~. / NO'MY Pobl , . ') /- I \ COMMONWEALTH OF PENNSYLVANIA Nolarial Seal Susan L. Mabazi, Notary Public Med1anicsburg Boro, CumbeIIand County My Commiosion Expires Nov. 24, 2fYJ1 Member, Pennsyl....ania AS$oclatjon Of Notaries -2- SNELBAKER &3 BRENNEMAN, P.e. ^ PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANiCSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 7[7-697-8528 P. O. BOX 3J8 FACSIMILE (717) 697-7681 January 31, 2006 Angel M. King 20 Johns Drive Enola, PA 17025 Re: Sabine v. King (Custody) Dear Ms, King: Enclosed please find a certified copy of a Custody Complaint, the original of which was filed on January 31,2006 with the Prothonotary in Cumberland County. Yours truly, Keith 0, Brermeman KOB/sm Enclosure CC: Phillip A. Sabine, Jr. (w/enclosure) Via certified mail, return receipt requested, parcel No. 70031010 0000 81312382 EXHIBIT A LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ru <0 fT1 ru .-'l fT1 .-'l '" D Cl Certified Fee D o Return Reciept Feel (Endorsement Required) o Restricted Delivery Feel M (Endorsement Required) D .-'l Total Postage & Fees $ .?J <g fT1 o SentTo ::: All~e.!,,__.~.:.__~~ll.!i__...._______._____.__.___._____.... sf;eeCA,iiCNo:;:---io Johns Drive or PO Box No. 'citY~-sjale:zip+4-KiioI"ii~---PA----17023~~d-----_m--~-------'-----".- PS Form 3800, June 2.002 See Reverse tor lns.t(Uctlons i ~ I ,R COMPLETE THIS SECTION . Complete ~ems 1, 2, and 3. Also complete 118m 4 n RestrIcIed Delivery Is deslred. . PTlnl your name end address on the reverse 10 that we can return the card to you. . Att8ch this card to the back of the mallplece, or 011 the front n space pennits, 1.__10: Angela M. King 20 Johns Drive Enola, PA 17025 2. ArtIcle Number (r1ansfor from servfce /AI PS Form 3811 , August 2001 D. Is __from ~ R YES, enter deIIveIy add.... below: 3. ServIce 1YP& XX CeI1I1Iad Mall Cl Express Mall Cl RogIster8d Cl Retum ReceIpt for Merchandise Cllnsurad Mall Cl C.O,D. 4. Restrlctod Delivery? (EJdnl Fee) Cl Yes 7003 1010 0000 8131 2382 Domestic Retum ReceIpt.' EXHIBIT B 102595-02-M-1540 n ....~ ~::~~ ~~ -T1 r:'1 C;J \ 0' t"" ~ ~+' <' C ~-. .' C) -n .--1 "):-n \'\'I(~ -nCJ ~,-; '--' - ~,/- "C'_,", ',4"': i;~:M .-' c') CI 'J -~ PHILLIP A. SABINE, JR, PLAINT1FF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-619 CIVIL ACTION LA W ANGELA M, KING DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, February 06, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ II!,,-~Iove's, 1901 State St., Camp Hill,,!,A 17011 on Friday, March 17,2006 at 9:30 AM for a Pre-Hearing Custody Confcrencc, 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 hcard by thc court, and to cntcr into a temporary order. All children age five or older may also be prcsent at the conference. Failure to appear at the conferencc 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 scbeduled hearing. FOR THE COURT. By: /s/ Melissa p, Greevy, Esq. Custody Conciliator ----pu 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 COlIl1, 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 Bedt(lrd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~.fp ;;. ~I ~l '10 ( .(5 ,-//~ .~ /1~'~d. ~/-LC ~ fr ;Z ~ -AW.j!'l 1tJ'- e " '~"in:J Sf::[: !,I,J " L - 83.:l SOUl AHV:(\\1:-"', .,,' ..I.....:, ''7ri,:~j<.J:J 3Hl ..J -, ::J:-} j-"JO. :nlJ .CJ .J".;:l Plaintiff J RECEIVED I MAR 2 q 2006 IN THE COURT OF COM :PlEAS OF ( CUMBERLAND COUNTY, PENNSYLVANIA NO, 06-619 CIVil TERM PHilLIP A. SABINE, JR., v. CIVil ACTION - LAW ANGELA M, KING, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this ~,,- day of 1""l61-<J... ,2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Phillip A. Sabine, Jr. and Angela M. King, shall have shared legal custody of the minor child, Anthony Philip Sabine, born February 19, 1989. 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 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2, Phvsical Custody. Father shall have primary physical custody, subject to Mother's rights of partial custody, which shall be arranged by the mutual agreement of the parties. 3, Counsel for the Plaintiff shall serve a copy of this Order on the Defendant in a fashion permitted by the Pennsylvania Rules of Civil Procedure and shall promptly file a Return of Service thereafter. ,..:\ ... ,.... .f\\ 1;\\1 '~: U .,\.,. " J \ ~'_ ...,,_1\ ~ (y,\\7 '-' ;",~,\~V\ )0\J-' NO. 06-619 CIVIL TERM 4, In the event that Mother is grieved by the terms of this Order, she retains the right to file a Petition for Modification thereof and the matter will be scheduled for a Custody Conciliation Conference in due course, Dist: BY THE COURT: /1/ J. .~ Plaintiff r-",-;.,. ~^'~-.:.., Tl':7'-"~-" HooF: ._E. v .~D I MA, :\ ~ l.o(6)' BY; =.l..__ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-619 CIVil TERM !. "' PHilLIP A. SABINE, JR., v. CIVIL ACTION - LAW ANGELA M. KING, IN CUSTODY Defendant 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 Anthony Philip Sabine DATE OF BIRTH February 19, 1989 CURRENTLY IN THE CUSTODY Or:: Father 2. Father filed a Complaint for Custody on or about February 1, 2006. He alleges that he has had primary custody of the child since January 2006 and seeks an Order confirming primary custody in him. Attending the conference were: the Father, Phillip A. Sabine, Jr., and his counsel, Keith O. Brenneman, Esquire; the Mother, Angela M. King, did not attend, No counsel appeared on Mother's behalf, 3. Service: Father's counsel reports that he served Mother with a copy of tile Complaint for Custody and subsequently filed a Certificate of Service regarding the Complaint. Father also produced a letter dated January 30, 2006 to Ms. King from Thomas J. Hughes, a Cumberland County Juvenile Probation Officer, The letter indicates that the boy's school district's guidance office had been contacted by the maternal grandmother. Subsequently, the Juvenile Probation Officer made a change in Anthony's disposition regarding his living arrangement. The letter indicates that it appears to be in Anthony's best interest to reside with his father. The letter goes on to inform Mother that the child's approved residence, as ordered through the Cumberland County Juvenile Probation Department, is with his Father in Newark, Delaware. 4, Father's position on custody is as follows: Father reports that the child has been living with him since January 2006 and that he has been off probation as of two weeks prior to the March 17, 2006 Custody Conciliation Conference. Father resides in Newark, Delaware with his wife and children, He believes that he can provide the child with a stable, caring and nurturing environment, and apparently had the support of the Probation Office to begin to do that earlier this year. I. ... NO. 06-619 CIVIL TERM 5. Mother's position on custodv is as follows: Mother's position is unknown as she did not attend the Custody Conciliation Conference, Father did not serve the Order scheduling the conference. However, he notes that the address where he served the Complaint is the same as the address that appeared on the envelope provided for sending notice of the Custody Conciliation Conference to Mother from the Prothonotary's Office. The Conciliator also notes that it is the same address at which the Juvenile Probation Department sent notice of the change in the child's approved residence. 6, Because Father is seeking an Order confirming the status quo which was arranged by Juvenile Probation, the Conciliator attaches a recommended Order providing for shared legal custody, primary physical custody for Father, and partial custody arranged by mutual agreement of the parties. Counsel for Father shall be required to serve a copy of this Order upon Mother and file a Return of Service after this has been accomplished. In the event that Mother is grieved by the terms of the Order, she retains the right to petition the Court for modification thereof, In such circumstances, a Custody Conciliation Conference will be scheduled in due course. D:~ Melissa Peel Greevy, Esquire Custody Conciliator :271538 , , PHILLIP A. SABINE, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 06-619 CIVIL ANGELA M, KING, CIVIL ACTION - LAW Defendants CUSTODY AFFIDAVIT OF SERVICE I COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Phillip I A. Sabine, Jr., the Plaintiff in the above-captioned action; that on April 3, 2006 he did send to I I Defendant Angela M. King by certified mail, return receipt requested, restricted delivery a duly certified copy of the Temporary Order of Court dated March 30, 2006 which was entered of record in the above-captioned action as evidenced by the cover letter of the same date and Receipt For Certified Mail No. 7003 1010 0000 8131 0340; that both the certified Order and cover letter were duly received by Defendant Angela M. King as evidenced by the Return Receipt card for said certified mail dated April 4, 2006; that a copy of the aforementioned cover letter dated April 3, 2006 is attached hereto and incorporated by reference herein as "Exhibit A"; that the original Receipt For Certified Mail and the Domestic Return Receipt are attached hereto LAW OFFICES SNELBAKER & BRENNEMAN, P.C. and incorporated by reference herein as "Exhibit B"; and that the facts stated above are true and correct to the best of . LAW OFFICES SNELBAKER & BRENNEMAN, P.C. his knowledge, information and belief. 1~ Keith 0, Brenneman Sworn to and subscribed before me this 6th day of April, 2006, I _/ -bIZ .~ Notary ublic COMMONWEALTH OF PENNSYLVANI" Nolarial Seal Susan L. Matrazi, Notary Public Mech.nicsbutg Bora, Cumbenand County My Commission E>q>res Nov. 24, 2007 Member, Pennsylvania Association Of Notaries -2- SNELBAKER 8 BRENNEMAN, P.c. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 k.ICHARD c. SNELBAKER. KErTH O. BRENNEMAN 717 -697 -8528 P. O. BOX 318 FACSIMIU (717) 697-7681 April 3, 2006 Angela M. King 20 Johns Drive Enola, P A 17025 Re: Sabine v. King (Custody) Dear Ms, King: Enclosed please find a certified copy of a Temporary Order of Court issued March 30, 2006 with respect to custody of Anthony p, Sabine, Yours truly, Keith 0, Brenneman KOB/sm Enclosure cc: Phillip A. Sabine, Jr. (w/enclosure) By ceJiified mail, return receipt requested, restricted delivery, Parcel No. 7003 1010 0000 81310340 EXHIBIT A LAW OFFICES SNELBAKER 8: BRENNEMAN, p,C, CJ z rn CJ '"" rn '"" qJ Postage CJ c:J Certified Fee CJ c:J Return Reciept Fee (Endorsement Required) c:J Restricted Delivery Fee .....=I (Endorsement Required) CJ '"" 1. 85 3.70 Total Postage & Fees rn c:J SentTo ::2 Stni8iA~~N~:f.~6mj~h~~~~.r.l~.e...n---_...n---___..---_.._--n_- ..0. or PO Box No. citY. 'State~ i{P~4- - -- Enola, PA 17025 PS Form 3800, June 2002 See Reverse for Instructions I I Ii " 'I I . Complete items 1, 2, end 3. Also complete Item 4 if Restricted Deliv"'Y is desired. . Prtnt your name end address on the reverse 10 that we can return the card to you. . _ this card to the back of the mailplece, or on the fronllf space permits. 1, _Add_to: Angela M. King 20 Johns Drive Enola, PA 17025 RES1R\C1EO 3. ServIce nCelti1Jed Mall [] ExpI8SS Mall [] Rogisl8lSd [] Return Receipt for M...J__ [] Insured Mall [] C.Q,D. 4, Restricted Delivery? (Extm Fee) XX..... 2. ArtIcle Number (I/1Insfer from sstvIce label) PS Form 3811, August 2001 7003 1010 0000 8131 0340 Domestic Return Receipt 102595-02-M-1540 EXHIBIT B a -}..-,. ';2. ')7 : -- c.::. -' C-'