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HomeMy WebLinkAbout06-2223 I -... LARRY R. SNYDER PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. DANIELLE L.SNYDER DEFENDANT CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Larry R. Snyder residing at 1398 Letchworth Road, Camp Hill, PA 17011, Cumberland County, Pennsylvania. 2. Defendant is Danielle R. Snyder, residing at 829 West Bryant Road, Centerpoint Loisiana, 71323 3. Plaintiff seeks custody of the following children: Name Present Residence Aqe Alexander R. Snyder Twylla M, Snyder Brooke L, Snyder 11 9 7 4. The children were not born out of wedlock, The children are presently in the custody of defendant Danielle L Snyder. 5. During the past five (5) years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Danielle Snyder 25 Penn Avenue, Ridgeway, PA 2000 to July 2003 Danielle Snyder Centerpoint, LA 7/2003 to present ~ \i II II II II 1\ II II II I - ,- The mother of the children is Danielle L. Snyder currently residing at. 829 West Bryant Road, Centerpoint LA 71323. She is divorced, The father of the children is Larry R. Snyder, currently residing at 1398 Letchworth Road, Camp Hill, PA 17011, Cumberland County, Pennsylvania. He is divorced 4, The relationship of Plaintiff to the children is that of natural father. Plaintiff currently resides with the following persons: Name Relationship Leann Layne girlfriend 5. The relationship of Defendant to the children is that of natural mother. Defendant currently resides with the following persons: Name Relationship None 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court other than a stipulated custody order entered in Elk County Court of Common Pleas, Pennsylvania at Docket No. 2000-8 in March 2000 and amended by stipulated court order dated April 10, 2003. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth other than that stated above, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children, 7. The best interest and permanent welfare of the children will be served by - ,- ~ granting the relief requested because: A. Plaintiff is a fit parent. B. The defendant has knowingly exposed the children to a clear and present danger by allowing unsupervised contact between the children and a known convicted child molester ,resulting in the actual molestation of the youngest child. C. The defendant has exhibited a complete and utter disregard for the safety, welfare and well-being of the children by exposing them to unsupervised contact with a known convicted child molester. D. Placing custody with Plaintiff will provide continuity, stability and certainty and restore physical and psychological well-being to the children's lives, 8, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant legal and physical custody of the children to plaintiff, Larry R. Snyder. Respectfully submitted, Date: April, V,2006 By: ,)~ ark S. Fenice, Esquire I.D, # 21358 1101 North Front Street Harrisburg, PA 17102 (717) 234-2401 Attorney for Plaintiff . --~ II I, I II II II II II II II I I VERIFICATION I, Larry R. Snyder, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief, I understand that false statements therein are made subject to the penalties of 18 Pa.C,S, 94904, relating to unsworn falsification to authorities. Date: April Z-o ,2006 . - II II \i I, I \ 1\ 1\ I II CERTIFICATE OF SERVICE I, Mark S. Fenice, Esquire, hereby certify that a true and correct copy of the foregoing Custody Complaint was served upon the following as addressed below by depositing the same in the United States Mail, first class, postage prepaid, and by Certified Mail, Return receipt requested at Harrisburg, Pennsylvania on this ,)-<) 'j'l.. day of r+-t ,,:. c..... ,2006: iJ~.i.Lf..'- '-. So",,!, cL.e.1L 9- 7..'\ vH. S T {!.,. 'I /.",.rr 14 ,+. cd. c.l..tvlr...~o', tV T I '- A II '3;a.. ~ BY:"IW- ~.d? Mark S. Fenice LD.# 21358 I 10 1 North Front Street Harrisburg, P A 11102 (717)909-9797 "" --- Attorney for Plaintiff ~~ ~.,:\. .. \k ~ "t~ .. -- ..J c:--- <^ V'\ '\, \. "... '\ ',~ '\~ )'\ :J'\ r" )-J \ ( .J , r', <:--::J\~ ~.\~ .,~< \ > ".~ '" r<, l:" ~ \', '\J\. '''', ,~'~(~ ,;;;,2,":.. t ';\ .," ~- LARRY R, SNYDER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-2223 CIVIL ACTION LAW DANIELLE L. SNYDER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Frida~, April 28, 2006 ._.... __.__, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear hefore Melissa P. Greevy, Esq. at ..1\1DJ Manlove, 1911ISt~!e:o;t" Camp Hill, P A !.?~!}. on._. ... Frid,,-y,...~.~..~.~. 02, 2006 , the conciliator, at 12:30 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 bc accomplished, to define and narrow the issues to be heard by the court. and to enter into a temporary order. All children age tlve 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: /s/ Melissa P. Greevy, ES-'l,---..__.~lJ Custody Conciliator ,'J 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 court, please contact our omce, 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 A TTORNEY 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 Carlisle, Pennsylvania 17013 Telephone (717) 249-3 166 '" r; 1/' /??I' -plM ~J 1f.,??J;n-f?':f;$' :? 7/ ..~l/ ,-ffYyrl7 ~" i/t-, . J 4 /1/ ,/ /_, - 'fJ ,.-,p fro J' ~'"" """" f ~ ,-,. >' n . \, \~\ , \ -/,J }T'.h ''i<Z j(" /1 '7()- J -(' fi RECEIVED JUN 122006 LARRY R SNYDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2223 CIVIL TERM v. CIVIL ACTION - LAW DANIELLE L. SNYDER, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 13' day of June, 2006, upon consideration of the attached Custody Conciliation Summary Report, and appearing that the 59th Judicial District has not relinquished jurisdiction of this matter, it is hereby ordered and directed as follows: 1. The Complaint filed at Docket No. 06-2223, Civil Term, In Custody, shall be transferred to the 59lh Judicial District of the Court of Common Pleas for the Commonwealth of Pennsylvania, Elk County Division, where it shall be arranged for the Courts of the 12th Judicial District for the State of Louisiana and the 59th Judicial District, Elk County Division, to communicate pursuant to 23 Pa. C.SA ~ 5410. BY THE COURT: .dd Dis!: Ji~ S. Fenice, Esquire, 1101 N. Front Street, Harrisburg, PA 17102 (via facsimile) ~berl A, Johnson, Esquire, P. O. Box 468, Marksville, LA 71351 (via facsimile) ~~~ .l.DLP O\.9>\:J 8l] :01 H~ 111 1m' souz Atfvl0i" " .:"', i.:>_id 3Hl :!D 3JiJ :J{!3lI::l - --- , , .. LARRY R. SNYDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2223 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. DANIELLE L. SNYDER, 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 DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Alexander R. Snyder Twylla M. Snyder Brooke L. Snyder February 28, 1995 May 16, 1996 September 19, 1998 Mother Mother Mother 2. Father filed a Complaint for custody on or about April 27, 2006. A Custody Conciliation Conference was scheduled for Friday, June 2, 2006. Attending the Conference were: Father, Larry R. Sawyer and his counsel, Mark S. Fenice, Esquire. Mother's counsel participated via speaker phone. 3. Procedural Historv. A Court Order of April 14, 2003, docketed to 2000-8, in the Court of Common Pleas of the 59th Judicial District of Pennsylvania (Elk County Branch) provided for shared legal custody and primary physical custody in Mother. The Order entered by President Judge Richard A. Masson, modified the parties' previous Order and allowed Mother to relocate to Effie, Louisiana. On or about April 20, 2006, Father filed the instant Complaint docketed to 06-2223 in Cumberland County Court of Common Pleas. On or about May 30, 2006, Mother filed a Petition to Make Custody Judgment Executory in Parish of AvoyeIJes, to Modify Custody Order, for Ex Parte Order of Temporary Custody, for Supervised Restricted Visitation, Bond to Secure Visitation, and Child Su~port in the Parish of Avoyelles, in the State of Louisiana. Judge William Bennett, for the 12 Judicial District Court in Louisiana, entered an Ex Parte Order on May 30, 2006, and scheduled a hearing for June 19, 2006 at 9:30 a.m. Mother's counsel, Robert A. Johnson, Esquire, represents that the children have been living in Louisiana since 2003 and, therefore, questions the property of jurisdiction in Pennsylvania. . NO. 06-2223 CIVIL TERM 4. Father's counsel requests the matter be transferred, rather than dismissed, so that the Judges have both sets of pleadings before them when it is decided whether the Elk County Division will relinquish jurisdiction to Louisiana. Father is very concerned about the restrictions imposed by the Louisiana ex parte Order. 5. Recommendation. Pennsylvania enacted the UCCJEA on August 16, 2004. Pursuant to 23 Pa. C.SA ~ 5422, it is the Conciliator's opinion that Elk County, the 59th Judicial District of the Commonwealth of Pennsylvania has exclusive, continuing jurisdiction of this matter. The Conciliator further understands that the UCCJEA of 1997 has not been adopted in Louisiana and that they are not a signator on this Act. The UCCJEA provides for a Court of this Commonwealth to communicate with the Louisiana court concerning the proceedings which have arisen, pursuant to 23 Pa. C.SA ~ 5410. Accordingly, it is the Conciliator's opinion that the Cumberland County Courts are without jurisdiction, as the last Order entered with regard to these children by the 59th Judicial District of the Commonwealth of Pennsylvania is the Court of proper jurisdiction until such time as it would relinquish that role. Accordingly, the Conciliator recommends the transfer of this matter to the 59th Judicial District so that the communication between the 59th Judicial District and the 1zth Judicial District in Louisiana may occur pursuant to 23 Pa. C.SA ~ 5410. 0/~~b u&JL~~ D,le . M,';"" Pe,' G...""., Ee,,'''' Custody Conciliator :276756