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Home My WebLink About06-2693 RICKY HECKARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYL VANIA .;n'!J No. 06- CIVIL TERM vs. SHA WNTELL SMITH, Defendant IN CUSTODY COMPLAINT IN CUSTODY Petitioner, Ricky Heckard, by and through his counsel, Grace E. D' Alo of MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as the Father, resides at 214 Brian Drive, Enola, PA 17025. 2. The above Defendant, Shawntell Smith, currently resides at 426 Dauphin St., Enola, PA 17025. Father and Defendant are the natural parents of Dylan, born October 8, 2004. 3. Father and Defendant were never married. 4. The child has lived with the parties at the following addresses for the time specified: From his birth until the present, the child has lived with the Defendant and her father at address referenced in paragraph 2 above. 5. The Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. The Defendant has not allowed Father to visit Dylan or exercise periods of partial custody since May of2005; b. The Defendant has consistently acted to deny Father visitation and partial custody of Caleb. c. The Defendant has encouraged Dylan to recognize another rnan as his father; d. The Defendant refuses to provide Father with information as to whether the child is receiving the care that is necessary and appropriate for him; 6. Father can best provide for the child for reasons including, but not limited to, the following: a. The Father is presently able to provide for Dylan by giving the child a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs; b. Father's lives with his extended family and his relatives and parents are interested in caring for and nurturing Dylan; c. Father can best facilitate and maintain any contact between the child and the Defendant. 7. Father requests that the Court grant hirn periods of partial custody and visitation with the child. WHEREFORE, Petitioner respectfully requests the following: a. Father be granted shared legal custody of Dylan; b. Defendant be granted primary physical custody and visitation; c. Any other relief this court deems just and proper. Respectfully subrnitted, E.D'Alo A ey for Plaintiff! Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA ]7013 VERIFICATION The above-named plaintiff, Ricky Heckard, verifies that the statements made in the attached complaint in Custody are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 pa. c.s. ~4904, relating to unsworn falsification to authorities. Date: 05 h06 I 4J/~ Ricky Heckard '- RICKY HECKARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYL V ANlA VS. No. 06- CIVIL TERM SHA WNTELL SMITH, Defendant IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Grace D' Alo, do hereby swear that I served Shawntell Smith with a Complaint in Custody on May 10,2006, by regular mail, first class, to the person and address below: Shawntell Smith 426 Dauphin Street Enola, P A 17025 I, Grace E. D' Alo, verify that the statements made in this Affidavit of Service are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~/;dCb Signature: , RICKY HECKARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYL VANIA vs. No. 06. CIVIL TERM SHA WNTELL SMITH, Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Ricky Heckard, Plaintiff, to proceed in forma pauperis. I, Grace E. D'Alo, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. t11 c Alo e ica Holst e ffrey Biringer A omeys for Plaintiff MidPenn Legal Services 40 I E. Louther St. Carlisle, P A 17013 (717) 243-9400 , '[/ J(,. l..!, ~ ("'> C ";;''- -oi.\\ IT1,\ r: z.-~.' tl?- r:-~( ,:;::., . ,-,.\. f:.C 7<:: :z 2. ,..., g "'" % ~ - o --<:l :J:: <? U' ~ ...... :t::-n rn(=: -o\!'\ :;):,':(, 00 :::,J-y', -;- ~J rl-- :;,~;.C) ;.srn .-,~1 ~ '-< RICKY HECKARD PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 06-2693 CIV]L ACTION LAW SHA WNTELL SMITH DEFENDANT ]N CUSTODY ORDER OF COURT AND NOW, Thursday, May 18, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsbnrg, PA 17055 on Thursday, June 01, 2006 , the conciliator, at 11:30 AM 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 mav 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 hearin\!. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. 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 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 TH]S 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 F]ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 ]66 ~.,ft:?~~~ .h~~-~ --s X r -r ~.;V~ ~-I'W \;iiNiJ\lfSt~N3~"'M , 'Nn~") n. H",.",,,, IV N.. 1\.J" ' ',',' '--, I Z:8 \old BI,ml90UZ t:lV10I~OH10Ud 3Hl :10 ^ 381:1:10-<1311:1 ?(J. h:> 9d'.~/~ ?e:;? ~/;,9 ..---. ... b R:= c: E I V E D .lUL 0 7 ~006 RICKY HECKARD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-2693 CNIL ACTION LAW SHA WNTELL SMITH Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1 t" day of 1" v\" ' 2006, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother shall have primary physical and legal custody of Dylan Heckard, born October 9, 2003. 2. The Father shall have periods of visitation with the Child on Saturday, July 1, 2006 at the Mother's residence from 6:00 pm through 8:00 pm, and on Sunday, July 2, 2006, at a mutually agreed upon location from 6:30 pm through 8:30 pm, to enable the Father to observe the Child's bedtime routine. The parties shall remain after the Child is in bed to discuss and establish a schedule for 3 periods of custody for the Father at the Child's daycare the following week, with the first period at the daycare to take place with the Mother present. Thereafter, the parties shall cooperate in gradually expanding the Father's periods of custody with the Child in a manner consistent with the Child's best interests. 3. The Mother shall contact the Child's daycare in advance to ensure that the Father is able to visit and interact with the Child at the daycare. 4. The parties shall ensure that the atmosphere during the periods of contact with the Child are civil and cooperative to promote the Child's emotional well-being. 5. Within 6 months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary to review the custodial arrangements. .~ 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 THE COURT, ~l cc: Grace E. D' Alo, Esquire - Counsel for Father Michael J. Smith, Esquire - Counsel for Mother ~ ~ 1~/O,{JG Lf- - so. , '~ ~ . . 01 _" .0.>, ""' I, I , 'r RFr-' ~. -~- ,.~.,'_/: {P/ }'r\/> I~<'~.-L-) ! 3 SEP 1 3 2006 . /}1 f> RICKY HECKARD Plaintiff IN THE COURT OF C CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-2693 CNIL ACTION LAW rr~ ~ ~~'-~ ,..~... _. ~ - ~ ,,_ _, ~" -., 'j SHA WNTELL SMITH Defendant IN CUSTODY ORDER OF COURT AND NOW, this \ ~ ,~ day of ~ e,\>\"e.,V\\. ~t,{ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 7, 2006 is vacated and replaced with this Order. 2. Pending initiation of overnight periods of custody for the Father, the Mother shall have sole legal custody of Dylan Heckard, born October 9,2003. Upon commencement ofthe overnight periods of partial custody pursuant to this Order, the parties shall have shared legal custody ofthe Child and shall consult with each other in making all major non- emergency decisions concerning the Child including, but not limited to, all major medical, educational and religious decisions affecting the Child's well-being. The parties shall have equal access to the Child's medical and school records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child every week on Monday, Wednesday and Friday, when the Father shall pick up the Child at daycare at 10:00 a.m. and return the Child to daycare between 2:00 p.m. and 2:30 p.m., beginning Monday, September 11, 2006. After the Father has followed the foregoing schedule for four weeks, beginning on Sunday October 8, 2006, the Father shall also have custody of the Child every week from Sunday at 2:00 p.m. through Monday at 2:00 p.m., in addition to the weekday periods. 5. 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 THE COURT, J. ~,D 'It> ~,,\ () \ GiJ:\' 0,\ u' RICKY HECKARD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-2693 CIVIL ACTION LAW SHA WNTELL SMITH Defendant IN CUSTODY Prior Judge: M. L. Ebert 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 t he subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dylan Heckard October 9, 2003 Mother 2. A custody conciliation conference was held on September 7, 2006, with the following individuals in attendance: The Father, Ricky Heckard, with his counsel, Grace E. D' Alo, Esquire, and the Mother, Shawntell Smith, with her counsel, Michael J. Wilson. 3. The parties agreed to entry of an Order in the form as attached. ~~/I 'Bf cJ-OO& Date ~d! Dawn S. Sunday, Esquire (7 Custody Conciliator fEB t' t007 0) -0. RICKY HECKARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-2693 CIVIL TERM SHA WNTELL SMITH, Defendant CUSTODY CUSTODY AGREEMENT AND ORDER '" AND NOW, this \ S day of t' t.\o'C'\\'-i" '1--,2007, the following Order is entered by consent of the parties with regard to custody of the minor child, Dylan Heckard, born October 9, 2003. 1. Ricky Heckard, hereinafter referred to as Father, and Shawntell Smith, hereinafter referred to as Mother, shall share legal custody of the child, Dylan. 2. Primary physic;:al custody of Dylan remains with Mother as outlined in this Court's order of September 18, 2006. 3. The parties shall alternate the following holidays: Memorial Day, July 4, and Labor Day. Father shall start with Memorial Day in 2007. 4. The parties shall share the Easter and Thanksgiving holidays as follows. In even years, Father shall have Thanksgiving and Mother shall have Easter. In odd years, Father shall have Easter and Mother shall have Thanksgiving. 5. Mother shall have custody of Dylan on Mother's Day and Father shall have custody of Dylan on Father's Day. : 6. If either parent has to relinquish their normal custody time to accommodate one of the holidays listed above, the holiday time with the other parent shall be from 8:30 a.m. until 7:00 p.m. The parties may alter this schedule if they can reach an agreement about alternative exchange times. a. The Christmas and New Year's holiday shall be divided into two Blocks, Block A defined as December 24, at 8:30 a.m. until December 25, at 8:30 a.m. and New Year's Day, January 1, from 8:30 a.m. to January 2 at 8:30 a.m., and Block B defined as December 25 at 8:30 a.m. until December 26 at 8:30 a.m., and New Year's Eve Day from 8:30 a.m. to January 1, at 8:30 a.m.. The exchange times shall be determined and modified as needed in future years based on whether the holiday falls on a weekend or weekday, on the work schedules of the parties and the child's daycare schedule. b. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block B in even numbered years and Block A in odd numbered years. 7. Mother and Father agree that each shall notify the other immediately of medical emergencies that arise while Dylan is in that parent's care. 8. Each parent shall provide the other with a current address and telephone number. 9. Each parent will work to accommodate the other's work schedule should their hours or shifts change in order to preserve approximately the same amount of time with each parent as is in the September 18, 2006, Order referenced above. 10. The parties may modify the schedule in the event they reach an agreement between themselves. Absent an agreement, the custody schedule set forth above shall control. By the Court: \ -\, \j",~ ~ Ju 3e p t"~ - ~ ~4 Vli\JV^lASNN3d U~tnr.i-i !\-ri\ ,.....'..V-'ni"'l 1. 't .\.f,.. ".; '.;' i' ':?.:>b,f tJ 02 :9 W'1 S I 81:HOOl AtN10NO:-U08d 3Hl :iO 30l::HQ-G3l1.:I .. This Order is entered pursuant to the consent of the parties: ~~;'/" ~. ky Heckard, Plaintiff Shawntell Smith, Defendant Michael Wilson Mother's counsel 12-19-'06 12:29 FROM- . This Order is entered pursuant to the consent of the panies: ~~/~ '6.- y Heckard, Plaintiff T-217 P004/004 F-484 ~(1tl~~~ ~l~ ShawnteU Smith, Defendant ~ Michael Wilson Mother's counsel