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Home My WebLink About06-1878 SANDRA L. ALANIZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. en. I r1f' CIVIL TERM JACK C. DAVENPORT, JR., Defendant : IN LAW - CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is SANDRA L. ALANIZ, residing at 6 Box Elder Court, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant is JACK C. DAVENPORT, JR., residing at 1350 Forest Hill Road, Stevens, Lancaster County, Pennsylvania, 17578. 3. Plaintiff seeks primary custody of the following child: Name Present Residence Age Abigail Nichole Alaniz-Davenport 6 Box Elder Court 4 mos. d.o.b. 10-31-05 Enola, P A 17025 The child Abigail Nichole Alaniz-Davenport was born out of wedlock on October 31,2005. The child is presently in the custody of Plaintiff, who resides at 6 Box Elder Court, Enola, Cumberland County, Pennsylvania, 17025. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Dates Sandra L. Alaniz 6 Box Elder Court Enola, P A 17055 birth / present The Mother of the child is Sandra L. Alaniz, currently residing at 6 Box Elder Court, Enola, Cumberland County, Pennsylvania, 17025. She is not married. The father of the child is Jack C. Davenport, Jr., currently residing at 1350 Forest Hill Road, Stevens, Lancaster County, Pennsylvania, 17578. He is not married. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons: Name Relationship Abigail Nichole Alaniz-Davenport Sandra L. Merlini Luigi Merlini Daughter Mother Step-Father 5. The relationship of defendant to the child IS that of Father. The defendant currently resides with the following persons: Name Relationship Edward Lankowski Gloria Lankowski Grandfather Grandmother 6. 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 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 the relief requested for reasons including, but not limited to the following: a.) The Mother can provide for the child's emotional, physical, educational and medical needs including establishing a stable home environment for the child. b.) The child has had open heart surgery at birth, and her health reqUires continuing vigilant monitoring. c.) The Mother is the parent who can best facilitate any interaction between the child and the defendant. d.) The Mother seeks a continuing active roll in the child's life, and the child has formed a close bond with her since birth. d.) The Mother has a supportive extended family in the area, and currently resides with her mother and step-father, all to the benefit of the child. e.) It is in the child's best interest that primary custody be awarded to Ms. Alaniz. f.) The defendant has not acted in the best interest of the child in ways including but not limited to the following; i.) Insisting that the child spend overnights with him. ii.) The defendant has stated that he is considering taking the child to Florida, where his mother resides, for the purpose of visiting with his mother, all to the detriment of the child's health and the Mother's parental rights. iii.) The defendant has stated that he wants to take the child to visit other family in Connecticut, all to the detriment of the child's health and the Mother's parental rights. 8. The plaintiff requests that the court order the following: a. Grant the parties shared legal custody of the child. b. Grant her primary physical custody of the child. c. Grant the defendant periods partial custody on alternating weekends, with no overnight periods of custody. d. Order that neither party shall remove the child from the Commonwealth of Pennsylvania until such further order of the Court or written agreement by the parties. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. Wherefore, plaintiff requests the court to grant her primary and legal custody of the child. Plaintiff further requests any other relief that is just and proper. ~rJL ~-Z-~ w~ .0j(),~. William 1. Grubb, Esquire I.D. # 72661 3803 Gettysburg Road Camp Hill, P A 17011 (717) 763-5580 Attorney for Plaintiff VERIFICATION I, SANDRA 1. ALANIZ, verifY that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. DATE: 3 J I 6/tw sdr~2~z, ~in0!cwS CERTIFICATE OF SERVICE I, WILLIAM 1. GRUBB, Esquire, certify that I have served a copy of the foregoing document on the individual listed below by depositing the same in the United States Mail, Certified, First Class, restricted delivery, postage prepaid, at Camp Hill, Pennsylvania: Jack C. Davenport, Jr. 1350 Forest Hill Road Stevens, PA 17578. Date: A.{~3~)Z'o.l.~ [..5~, ?:--. William 1. Grubb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff ......, 0 '4 .c..~._'" () (D . . -q :::::::- '"ocr... '" .--1 1- '--> ;}~-n 1t- ' . 'r":-~ () ~, ,) -'~ (1'1 l-:,~'-l C> ""- L -V -- -.:{ -- ~ .... \(1 , .. , ~ ?--.J r- ~ n ::-::J W \'; C.", .< --....z t ~ SANDRA L. ALAN[Z PLAINT[FF [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1878 CIV[L ACT[ON LA W JACK C. DAVENPORT, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. _.___ Thursd".:r, April 06, 2006 ..' upon consideration of the attached Complaint. at mlVIJ.}~_Maulove, 1901 State St., Camp Hi~.L.P A. 17011 . on _--1'!.i!I".rL~arl2,~006 , the conciliator, at 2:30 PM it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. for a Pre-Hearing Custody Confcrence. At such confcrcnce, an effort will be made to rcso[ve the issucs in dispute; or if this cannot bc accomplished. to detine and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older mav also bc present at the conference. Failure to appear at thc conference 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 hours prior to scheduled hearing. FOR THE COURT. By:~. Meliss.'LP, Greevy, E~.!1'-~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to eomply with the Americans with Disahilites Act of 1990. For information about accessible facilities and reasonable accommodations availahle to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72liours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TH[S PAPER TO YOUR ATTORNEY AT ONCE. [1' 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,Pennsy[vania 170 [3 Te[ephone (7 [7) 249-3 [66 It?ilnp< fitZ;.f.. /If'1?141 .4f-rJ/ _ h ~ o/~ -'o/'vL, ,'Y:fY'1fl< fz~p 1. twf,,,,.w(,fi// - FP II! ;. r' I . ;,il""" I \' ." , J '0 :. ~' ,i 10 (/1 ?il l./1 .JUC/? < - SANDRA L. ALANIZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 06-1878 CIVIL TERM JACK C. DAVENPORT, JR., Defendant : IN LAW - CUSTODY PROOF OF SERVICE BY MAIL I hereby certify that a true and correct copy of the Complaint for Custody filed in the above matter, was served on JACK C. DAVENPORT, JR., by prepaid, first class, certified mail, return receipt requested, deliver to addressee only, at 1350 Forest Hill Road, Stevens, Lancaster County, Pennsylvania, 17578, on April I, 2006. Addressee acknowledged receipt of the same on April 3, 2006, as shown by the return receipt card attached hereto as Exhibit "A". I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. Date:~ l '2., z.e 4> w~tJl~ . William L. Grubb, Esquire LD. 72661 3803 Gettysburg Road Camp Hill, P A 17011 (717) 763-5580 ( ~ . Complete ttems 1, 2; and 3. Also complete Ilem 4 W Restr1clod Delivery Is desired. . PrInt your name and address on the reverse 10 that we can return the card to you. _Nlach this card to the beck of the mallpiece. or on the front if space permits. 1. Article Addressed to: ::5AcI::- C.l)AV6.> potJ\ I S~. \ 35'0 0'DlZe~, }-I-\ \1 "lZt'. $-rEVE:ES~\C'tO B R n(\..\'JER'l OAgenl o Ad_ 3. _ Type 1iI-~- OExpnlSSMaIi o RegIstered 0 Return ReceiPt for More_ o Insured Mall 0 C.O.D. 4. _u.d DoIiwry? (Fxt1S Fee) Jll Yes :z. Article Number (TIS/l- from _lob6/) PS Form 3811. February-2004 700r2260 0002 1615 5945 Domestic Retum Receipt 1025~""'114O 1 Exhibit "A" (} s;.~; ..-.;'\': r';>1 \.;1. r " ( ~ R::CEIVED HAY 25 ::V06 .5 Plaintiff IN THE COUR OF COMMON PLEAS OF CUMBERLAND OUNTY, PENNSYLVANIA NO. 06 1878 CIVIL TERM CIVIL ACTION - LAW I CUSTODY SANDRA L. ALANIZ, v. JACK C. DAVENPORT, JR., Defendant TEMPORARY ORDER OF COURT AND NOW, this ~O "" day of May, 2006, upon con ideration of the attached Custody Conciliation Summary Report, it is hereby ordered and di ected as follows: 1. Leaal Custody. The parties, Sandra L. Alaniz an Jack C. Davenport, Jr., shall have shared legal custody of the minor child, Abigail Nich Ie Alaniz-Davenport, born October 31, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecti the child's general well- being including, but not limited to, all decisions regarding her hea h, education and religion. Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, m dical, dental, religious or school records, the residence address of the child and of the ot er parent. To the extent one parent has possession of any such records or information, th t parent shall be required to share the same, or copies thereof, with the other parent within ch reasonable time as to make the records and information of reasonable use to the other p rent. 2. Physical CustodY. Mother shall have primary ph sical custody subject to Father's rights of partial custody, which the parties have determi ed shall be arranged as follows: A. Tier I. Effective May 20, 2006, on a ternating Saturdays and Sunday from 10:00 a.m. until 7:00 p.m. B. Tier II. Effective July 1, 2006, on al ernating weekends from Saturday at 10:00 a.m. until Sunday at 7:00 p.m. C. Tier III. Effective August 11, 2006, on Iternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. o. .... NO. 06-1878 CIVIL TERM 3. Transoortation. Transportation for custodial exchc nges in Tier I and Tier I shall be arranged by the parents meeting at Brewster's ir Hershey, Pennsylvania Commencing with Tier III, Father shall provide transportation at the beginning of his custodial period by picking up the child at Mother's home at € :00 p.m. on Fridays. On Sundays, the parties will meet at Brewster's in Hershey, Pennsylv~nia. 4. The child shall not be exposed to second-hand smo e. 5. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parer t, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his pr her periods of custody. 6. Holidays. The following holiday schedule shall supercede the regula r schedule: HOLIDAYS AND TIMES VEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the ~ other Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the ~ other Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the F ther Mother holiday to 6pm the day of the holiday The parties will exchange proposals for the sharing cf the Thanksgiving and Christmas holidays. 7. Vacation. For 2006, each parent shall have the opti n of up to seven (7) days of uninterrupted custody to be exercised in Pennsylvania upon hirty days' notice to the other parent. Father's first vacation week shall be available to be scheduled no earlier than August 15, 2006. Effective 2007, each parent shall be entitlEd to up to two (2) un interrupted weeks of custody for purposes of vacations. The week may be consecutive or . ". NO. 06-1878 CIVIL TERM non-consecutive. If they are non-consecutive, the weeks shall e scheduled to begin with the vacationing parent's custodial weekend. The parties shall rovide each other with at least a thirty-day notice of their planned vacation time. In the vent that the parties have arranged conflicting schedules for vacation, the party first prov ding written notice to the other party shall have choice of the vacation week. Additiona Iy, the vacationing parent shall provide a telephone number and location where they c n be reached during the vacation. 8. Birthdavs. A. The parties may share a celebratio for Abby's birthday and celebrate jointly. If the parties cannot agree on t is celebration, the parties shall have separate parties on their respective custo ial weekends. B. The parents will cooperate flexibly wit each other to trade times to allow the child to be with them on their respective birthdays. 9. matter. Cumberland County Court of Common Pleas shal retain jurisdiction of this 10. If between August 28, 2006 and October 27, 2006 the parties find that they are in need of an additional Conciliation Conference for revisions 0 this Order, Counsel may fax a request to the Conciliator's office, and a conference will be s heduled without the need for further Pleadings. BY THE COURT: \. Dist: 4t A. Gardner, Esquire, 100 W. Main Street, Ephrata, PA 17522 .)WIlliam L. Grubb, Esquire, 3803 Gettysburg Road, Camp Hill, PA 17011 { , \J> \,0 ,'!; cP J. , ~/i\r::!;/\7,.It:,/,j:\,':'J'1 \ it'n.'" '." IV..\,,:,. ',...,.""" '-:'~"~",i {V 6 f :8 f./Ij I e A [iff 900Z J.Wl0:\OIUCi:,(j 3f.JJ :10 ""'I'^ .., "- :JVi~:'u"'a.7 7& . ," RC:CE!VED MAY? 52006 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND OUNTY, PENNSYLVANIA NO. 06 1878 CIVIL TERM CIVIL ACTION - LAW I CUSTODY SANDRA L. ALANIZ, v. JACK C. DAVENPORT, JR., Defendant CUSTODY CONCILIATION SUMMARY RE ORT IN ACCORDANCE WITH CUMBERLAND COUNTY RUL OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the follow ng report: 1. The pertinent information concerning the child ho is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL IN THE CUSTODY OF Abigail Nichole Alaniz-Davenport October 31, 2005 Mot er 2. The Parties' first Custody Conciliation Conference as held on May 12, 2006 in response to Mother's filing a Complaint for custody on March 31, 2006. Present for the conference were: the Mother, Sandra L. Alaniz, and her counsel, William L. Grubb, Esquire; the Father, Jack C. Davenport, Jr., and his counsel, Kurt A. Gard er, Esquire. 3. The parties worked diligently and patiently, reach' of an Order as attached. Df{ #IJ!- an agreement in the form Melissa P I Greevy, Esquire Custody C nciliator :275456 DEe 262006 0tf4 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1878 CIVIL TERM SANDRA L. ALANIZ, v. CIVIL ACTION - LAW JACK C. DAVENPORT, JR., IN CUSTODY Defendant ORDER OF COURT AND NOW, this ~ day of December, 2006, upon consideration of the Custody Conciliation Summary Report docketed to 06-6588, all orders docketed to 06-1878 are VACATED by reason of the demise of the Plaintiff. Further Orders regarding Abigail Nichole Alaniz-Davenport shall be found at 06-6588 Civil Term. BY THE COURT: M~E~.~ \ Dist: ~~ Gardner, Esquire, 100 W. Main Street, Ephrata, PA 17522 ~am L. Grubb, Esquire, 3803 Gettysburg Road, Camp Hill, PA 17011 :288726 WI ~of1 f,tt~ p~' Of /1',9-1 lC,e Dl?-' o~ Off JrPlP to I T,,1!b fY''O v