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HomeMy WebLinkAbout06-1630 . , FLOYD HAYNES, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06- Ic30 CIVIL ACTION - LAW JANELLE KEGLOVITZ, Defendant IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY I. Plaintiffis an adult individual currently residing at4975 Wescott Boulevard, Apt. 435, Summerville, South Carolina, 29485. 2. Defendant is an adult individual currently residing at 536 3m Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks shared custodyofthe child, Naomi Aaliyah Keglovitz-Haynes, who was born on April 23, 2005. The child was born out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: The child has lived with Defendant at her current residence since her birth. 4. The relationship of the Plaintiff to the child is that of father. He is single and living separately. The Plaintiff currently resides with the following: Name Relationship N/A 5. The relationship ofthe Defendant to the child is that of mother She is single and living separately. The Defendant currently resides with the following: Name Relationship Naomi Aaliyah Keglovitz-Haynes Daughter 6. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 7. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 8. The best interest and permanent welfare of the child will be served by granting shared custody to Plaintiff and Defendant. 9. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests shared custody. MARTSON DEARDORFF WILLIAMS & OTTO 1'1. ~ "7 /1 I /1 By , . " J enn\fer .' Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: March 20, 2006 VERIFICATION The foregoing Complaint for Custody is based upon information which has heen gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subj ect to criminal penalties. ~~7T Flo ayne~, II F'\FJLES\DAT AFllE',Gelleral\ClJlTent\J 20] 5.] ,ClIscom ~ ~ .JG 6 () -nc) ( --- ~ .. ,<()) -(-::' " \ "-. -f'~ Cy ~%~ -c ~ "l<J..' .-' 1:' " "v~ <:> \"' ~~~ . .~,3 .\\() "'-. " " ~ t ~ ~ \'..:: ---- ~ N [:, 0 c..> C~ 0 (::- C';j '-n '::';"""" -..... ::;l ):''''' i-',-O: :TI :;;~l r-- 0) -,--, rn r--l y -' l~_) ! -:> );:~) - ~., -- . n - . ,- . C~. ::.< FLOYD HAYNES. II PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1630 CIVIL ACTION LAW JANELLE KEGLOVITZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 23, 200~_.____, upon consideration of the attached Complaint. it is herehy directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. . the conciliator, at__.~h Floor, c.Jl"_l?e-"l~ndC_oIIJli)'Co...rthouse~~-"lisIe. on ......_~_.F'rid-"y_,i~J)fi~~006_.___ at 10:30 AM for a Pre-Hearing Custody Conference. At such conferencc, an effort will be made to resolve the issucs in dispute; or if this cannot be accomplished, to detinc and narrow the issucs to be heard by the court, and to entcr into a temporary ordcr. 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 pennanent 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 hearin!!.. FOR THE COURT. By: Isl Hubert X. Gilroy, Esq. Custody Conciliator -tlI\ I The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 Bedl'Jrd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 _-:h ~ff ~ P""f" IkJlu., J c ~~ ff'f'. '(/#"..1 .~f r7l.1AL '10.$(7'/.' , ,17- I'''[J, --;r"'. ~ .p# ~'f1/(j '1(!,$C (' ,~C,p 'J I'ff' · . \1 \ :S 82 i\'.JH S!]\)7, \J,l] :,:HL .JQ :c.\Dl':J . r~~ '~-!~(~'" F~~ T~"i:r~I'iF) ~ IN THE COURT OF CO CUMBERLAND COUNTY, PENNSYLVANIA MAY 0 Ii ,006 Y . FLOYD HAYNES, II, Plaintiff 13Y; _ v CML ACTION - LAW JANELLE KEGLOVITZ, Defendant NO. 2006-1630 IN CUSTODY COURT ORDER AND NOW, this t:j'd- day of May, 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the 13th day of July, 2006 at 9:30 a.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall me with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on bebalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be med at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following temporary Custody Order is entered: A. The mother, Janelle Keglovitz, and the father, Floyd Hanes, II, shall enjoy shared legal custody of Naomi Aa1iyah Keglovitz-Haynes, born April 23, 2005. B. The mother shall enjoy primary physical custody of the minor child. C. The parties shall work between themselves to ensure father has a period of temporary custody with the minor child scheduled between the date of this ; t ViI\!Vlil/,SNN3d 'iNI'1,,:' .'r1l Q(1;""" ^ ""." ''',,'' ",,_\...t'tllv 90:lIWV 6-AVW900l AtlV10NOHlOOd 3Hl :lO 301::!:lo-G311::1 . Order and the date of the hearing set forth above. If the parties are unable to reach an agreement on that schedule, counsel for the parties may contact the Custody conciliator directly and the Conciliator may recommend a interim Order to the Court on that issue. BY THE COURT, ?\,D\o 9D D . FLOYD HAYNES, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JANELLE KEGLOVITZ, Defendant NO. 2006-1630 IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Naomi Aaliyah Keglovitz-Haynes, born April 23, 2005. 2. A Conciliation Conference was held on April 28, 2006, with the following individuals in attendance: The father, Floyd Hanes, II, with his counsel, Jennifer L. Spears, Esquire, and the mother, Janelle Keglovitz, with her counsel, Marylou Matas, Esquire. 3. The child in question is about one year old. Mother lives in Cumberland County and father lives in South Carolina. Father is in the military, and was deployed overseas for a period of time. He went a fair amount of time without seeing the child. Father is seeking at least a full SO/50 shared physical custody arrangement. 4. Mother is resistant to a shared custody arrangement and desires to have primary custody. Arranging even a visitation schedule is very problematic because the parties are about an eight-hour drive apart. Additionally, father's current position in the military requires that he must take a day leave anytime he goes more than four hours from his designated base in South Carolina. This means that even if father was going to travel on a Saturday more than four hours to pick up or deliver the child on an exchange of custody, he would have to take leave. The practical problem is that father does not accrue leave that would accommodate this type of arrangement. The mother is reluctant to send the child down with the father for long periods of time in light of father's limited contact with the child to date. However, the father's limited contact is due primarily to his military service and the large distance between the parties. 5. The parties are unable to reach an agreement on a permanent Order and a hearing is required. A hearing should take about one half day. 6. The Conciliator recommends an Order in the form as attached. {~[~6 & DATE , FLOYD HAYNES, II Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : No. 06-1630 JANELLE KEGLOVITZ, Defendant : Civil Action - Law : In Custody <- r"') :cl1 .~ ff,;J '-- STIPULATION AND AGREEMENT FOR CUSTODY ('" C'" -Oi,.'._1 1,_. --"" -,--- "";-- .;-::-;"-, -,::~ :.---ft THIS STIPULATION AND AGREEMENT entered into the-{~dftY anG ye:a;t f> -:;~1, --'J:'- ~U hereinafter set forth, by and between FLOYD HAYNES, II (hereinafter referre\f to ~ "Father") and JANELLE KEGLOVITZ (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of the following one (1) child: Naomi Aaliyah Keglovitz-Haynes (born 4/23/05); WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their child; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1. Mother and Father shall exercise shared exercise legal custody of the child. The parties shall consult with each other in making all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. 2. Mother shall exercise primary physical custody of the child. 3. Father shall exercise partial physical custody of the child at the following times: , It a. July 1-15, 2006; b. September 2-9, 2006; c. November 18-December 2,2006; d. January 13-20,2007; e. February 24-March 10,2007; f. April 21-28, 2007; g. June 30-July 14, 2007; h. September 1-8,2007; 1. October 27-November 3,2007; J. December 22, 2007-January 5,2008; k. March 1-8, 2008; m. May 3-17,2008. 4. These dates for Father's periods of partial physical custody are subject to change only upon circumstances beyond either party's control. For example, Father is a member of the military and it is possible that Father may be called up for active duty. In that event, it is possible that Father will not be able to exercise custody under the terms of the Order. In that circumstance, the parties agree to cooperate with each other so that Father shall have the opportunity to exercise custody as soon as practicable upon his return. 5. The parties shall exchange custody of the child at the location midway between their respective residences. At the time of entry of this Order, that location is Roanoke Rapids, North Carolina. 6. The parties agree to revisit the issue of custody after the child's birthday in April 2008, to determine whether a change in the custody schedule is in her best interest at , I: that time. In the event the parties are not able to agree on a change in the schedule at that time, the current Order shall remain in effect on a continuing basis so that Father's partial custody schedule shall continue uninterrupted, with his next holiday being July 4, and with Mother remaining as the primary custodian. 7. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 8. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 9. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 10. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child. 11. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. ; " 12. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: i;~~~ ~. - ". .. - STATE OF SOUTH CAROLINA COUNTY OF I.~~/t.J+o"" SS On this '1.0 day of riA".! a , 2006, before me, the undersigned officer, personally appeared FLOYD HAYNES, II, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ Notary Public A Ie.k~-tlr" 7. P"'{\f.') j~~ hf~ COMMONWEALTH OF PENNSYLVANIA C SS COUNTYOF luYIbtyl~ On this m day of .JMU. . , 2006, before me, the undersigned officer, personally appeared JANELLE KEGLOVITZ, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set m Notarial Seal Usa A. O'Brien, Notary Public South Middleton Twp., Cumberland County My Commission Expires Sept. 24, 2006 Member, Pennsylvania Association Of Notaries - .' 1 1 RECEIVED JUN 27 2ll1lfI i- FLOYD HAYNES, II Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 06-1630 JANELLE KEGLOVITZ, Defendant : Civil Action - Law : In Custody ORDER OF COURT AND NOW, this l1-day of f"'-- , 2006, the attached Stipulation and Agreement for Custody is hereby made an Order of Court. BY THE COURT: /ld.. J. cc: v.f6i'nifer Spears, Esquire Attorney for Plaintiff ~lou Matas, Esquire Attorney for Defendant ~ C\/O~ ()\g' l}: :- d .A U ._~ .~:/Xl0 8t'~ :III,l" >:7 :'!,,000.f'Z ..... ,\1 .Jv I;; ,( J !J,