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HomeMy WebLinkAbout06-3395 II II Ii THOMAS A. DEVOR, II Plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Dlp-33~5 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY v. KANDIE K. DEVOR, Defendant CUSTODY COMPLAINT 1. Plaintiff is Thomas A. Devor, an adult individual who currently resides at 11 Clouser Spur Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Kandie K. Devor, an adult individual who until the end of May, 2006 resided at 27 Chestnut Street, Newville, Cumberland County, Pennsylvania. Mother's permanent address is presently unknown and she is residing with a friend in Newville, Cumberland County, Pennsylvania. Mother is employed at Sister's Sweetery at 2 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania. It is believed that mother can be located at that address. 3. The parties are the parents of one minor child, namely, Gabrielle N. Devor, born May 7,1999. The child was born in wedlock. The child is presently in the custody of Defendant at an unknown address, Newville, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: :1 -, Persons Residences Dates Kandie Devor Vonnie Varner Unknown location Newville, PA 17241 May 24, 2006 to Present Kandie Devor 27 Chesnut Street Newville, PA 17241 December 1, 2005 to May 24, 2006 Kandie Devor Rachelle Tobias Betty Nelson's Trailer Court December of 2004 to December of 2005 Kandie Devor Rachelle Tobias James Kauffman Betty Nelson's Trailer Court December of 2003 to December of 2004 Kandie Devor James Kauffman Rachelle Tobias Creek Road Shermans Dale, Perry County June of 2003 to December of 2003 Thomas Devor Kandie Devor Rachelle Tobias Michael Tobias James Kauffman 3511 Orrstown Road Orrstown, PA 17244 1999 to 2003 The natural father of the child is Thomas A. Devor, currently residing at 11 Clouser Spur Road, Mechanicsburg, Cumberland County, Pennsylvania. He is married to the Defendant. The natural mother of the child is Kandie K. Devor, currently residing at an unknown location, Newville, Cumberland County, Pennsylvania. She is married to the Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Names Relationshio Wendy Korte Paramour Brandon Korte Paramour's Son 5. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Relationshio Vonnie Varner Friend 6. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the child and give Defendant partial custody at such times as is convenient for the Defendant and the parties. DATE: June I, ,2006 Respectfully submitted, O'BRIEN, BARIC & SCHERER 1l1iAt,~ Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/devor/custody.comp II VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. ~a~ Thomas A. Devor DATE: June I -.1 ,2006 Q~P0 1 ~~ ~ ~'-.::::} -, ~ ~~ ~ .-.....: ........ ~ ~ ~ /'0...;) = C:) r::.;''''\ o -n --1 :1: -n rIl- l- i}] Cr' Ci ~Ti riff. :::~ ~~J -< C,_ c:: -..,1.... -- Ul :S~ ~ ':-'? r"v ~ -I.. THOMAS A. DEVOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL TERM KANDIE K. DEVOR, Defendant CIVIL ACTION-LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF PURSUANT TO PA.R.C.P. 1915.13 AND NOW, comes Thomas A. Devor, by and through her attorney, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, and respectfully represents as follows: 1. Plaintiff is Thomas A. Devor (hereinafter referred to as "Father"), an adult individual residing at 11 Clouser Spur Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Kandie K. Devor (hereinafter referred to as "Mother"), an adult individual who until the end of May, 2006 resided at 27 Chestnut Street, Newville, Cumberland County, Pennsylvania, 17241. Mother's permanent address is presently unknown and she is residing with a friend in Newville, Cumberland County, Pennsylvania, 17241. Mother is employed at Sister's Sweetery at 2 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania, 17241. It is believed that mother can be located at that address. 3. The parties are the natural parents of Gabrielle N. Devor, born May 7, 1999 (hereinafter referred to as "Child"). 4. There are no prior custody Orders in this case. 5. Father has filed a Complaint for custody relative to the child. 6. The parties are married and were separated in 2002. II 4:. .'ja 7. Since the party's separation in 2002, father has had alternating weekends with the child and two overnights per week. 8. In or about April, 2006, Father filed a Complaint for divorce against Mother. 9. Since Father filed for divorce, Mother has restricted Father's access to the child. 10. Father has consistently paid child support however Mother recently filed a Support Action at Domestic Relations and indicated that Father would not see the child again until he paid increased support. 11. Father was to have the child the weekend of June 9, 2006 in furtherance of his alternating weekends with his daughter. 12. Father was half-way to Newville to pick up his daughter when he received a phone call from his daughter indicating that he should not pick her up that evening. 13. Father refused to waive his custody with his daughter at which point the Mother got on the phone and indicated that Father will not be seeing his child until he pays increased child support. WHEREFORE, Father respectfully requests this Honorable Court grant him some custodial rights to his daughter pending the scheduling of a Conciliation in this matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER mas.dir/domestic/devor/emergencyrelief.pet /ffU{h ~ Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I ~. -., VERIFICATION I verify that the statements made in the foregoing Petition For Emergency Relief pursuant to Pa.R.C.P. 1915.14 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. Date: June / 3 ,2006 ~~~ Thomas A. Devor ~R~ ~ \S'j ~. "" ~ ~ ~ c;q o f~~ ,......, C:;.l 1...;::",;::;) ':r> c.._ S~ U1 -0 co (...,j f.....) II I /'y' , .J 'IT THOMAS A. DEVOR, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D(P - :3 3qj CIVIL TERM KANDIE K. DEVOR, Defendant CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this ill day of -r, IJ:)C , 2006, upon consideration of the within Petition For Emergency Relief Pursuant To Pa.R.C.P. 1915.13, a hearing is set in this matter for \~ the 3~y of 9~ ,2006 at ~p.m. in Courtroom No. L of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, () J. ~chael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (J' CJ l.o \)\9& .A{andie K. Devor .\.. c/o Sister's Sweetery 2 West Big Spring Avenue Newville, Pennsylvania 17241 CUUll Ad. r .iRietfBtsr f'i'..~ _ ctlA'lBerlafll:j CStlAty CSyr.tl:lo"se ORe Ceur.tl:1o'l"o ~ql1Rre -Carlisle, reflflsylvaAia 179'\.3 ..,... q,,~ \?~ \?j1;' .- c-'"> cr" :~ , ""~ - ~ !-:, '~( c:: S~~ (J..-~ tJ- C c:> c..j , -...-<':') f:~::J c;::'> C...., " THOMAS A. DEVOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-3395 CIVIL ACTION LAW KANDIE K. DEVOR DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Juue 20, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 20, 2006 , the conciliator, at 8:30 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 de tine 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 confercnce 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/ ac ueline M. Verne Es 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 information 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 Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,^~ . ~ ~ ~ ~~~ W-ff-? . ~ ~ ~ 71L. ~-?::r:'- ~ ~F~ -?/rl7''''>II'~-W W-~? \ ' 60 :211!d 2:2 i'tlr gOal THOMAS A. DEVOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06-3395 CIVIL TERM CIVIL ACTION - LAW KANDIE K. DEVOR, Defendant IN CUSTODY IN RE: EMERGENCY PETITION ORDER OF COURT AND NOW, this 3rd day of July, 2006, upon consideration of Plaintiff's Petition for Emergency Relief Pursuant to Pa.R.C.P. 1915.13 with respect to the custody of the parties' child, Gabrielle N. Devor, born May 7, 1999, and pursuant to an agreement of Plaintiff, represented by Michael Michael A. Scherer, Esquire, and Defendant, representing herself, in open court, it is ordered and directed as follows pending the conciliation conference in this case and further Order of Court: 1. The parties shall have shared legal custody of the child; 2. The parties shall share physical custody of the child on an alternating weekly basis, with Father receiving custody of the child on July 9th, 2006, and the parties exchanging the child each Sunday thereafter at 4:00 p.m.; 3. The parties shall share transportation, and the exchange of the child shall occur at the Newville Park and Ride adjacent to Interstate 81; and 4. Mother shall provide Father with her current address and telephone number later this morning. By the Court, ~ J. J. ( \ (1 'f' r! "l,J r; n ~-i ~ , Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 For Plaintiff Kandie K. Devor 313 Middle Acre Road Newville, PA 17241 Defendant, pro se :mae !J THOMAS A. DEVOR, Plaintiff : IN THE COURT OF COMMO;;PLEAS O~\Ul i' 1 ~0061 : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3395 CIVIL ACTION - LAW KANDIE K. DEVOR, Defendant : IN CUSTODY ORDER OF COURT 1h L AND NOW, this 1 day of ~v ~~l ~"\ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 3, 2006 is hereby vacated. 2. A Hearing is scheduled in Court Room No. ~ of the Cumberland County Court House, on the 25 day of August, 2006, at 9:30 o'clock, A. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a sununary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 3. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 4. The Father, Thomas A. Devor and the Mother, Kandie K. Devor, shall have shared legal custody of Gabrielle N. Devor, born May 7,1999. 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 her health, education and religion. Pursuant to the terms of Pa.C.S. ~5309, 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 5. The parties shall have shared physical custody of the child until August 29,2006 on a week on/week off basis. 6. Beginning August 29, 2006, Mother shall have primary physical of the child. 7. Beginning August 29, 2006, Father shall have physical custody of the child every weekend from Friday after school to Sunday, at 6:00 p.m., (or Monday at 6:00 p.m. if Monday is a school holiday) unless there is a special event that Mother requests the child to attend, in which case, as long as Mother advises Father of said event two weeks in advance, then Mother shall have physical custody of the child for the special event. One such event is a wedding on September 16, 2006. 8. Father shall also have physical custody of the child every Tuesday and Thursday evening from after school to 8:00 p.m. 9. Thanksgiving shall be shared such that Father shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the child from 3:00 p.m. to 9:00 p.m. 10. The parties shall keep each other advised of their current address and telephone number. 11. Transportation shall be shared such that the parties shall exchange custody at the Newville Park and Ride off oflnterstate 81, except when Fatheris picking up the child after school. 12. The parties may modifY this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~ ~ U,.\~ O fJ ..() it, O~~ \l1N>JA1ASNN3d AlNflW O~,l'iltEJ8~'~l 2Z :{; Wd L - sov 90QZ ! ; At:lV.l.ONOHl.OO::l 3Hl :lO ' :nl:llXB1l:l ~ , ..J .' , , , THOMAS A. DEVOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3395 CIVIL ACTION - LAW KANDIE K. DEVOR, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 CUSTODY OF Gabrielle N. Devor May 7,1999 shared 2. A Conciliation Conference was held August 3, 2006 with the following individuals in attendance: The Father, Thomas A. Devor, with his counsel, Michael A. Scherer, Esquire and the Mother, Kandie K. Devor, pro se. 3. The Honorable 1. Wesley Oler, Jr., previously entered an Order of Court dated July 3, 2006 providing for shared legal custody and shared physical custody on an alternating week basis. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody, with Mother having alternating weekends. Father maintains that Mother has moved several times in the past three months creating an unstable situation for the child. Father asserts that he can provide a stable, nurturing home for the child. 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, with Father having alternating weekends. Mother asserts that she is now stable. The child will be attending the same elementary school she did last year. She has frien~s in the area, whereas there are no children her age where Father resides and the child~would need to acclimate to a new school. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, continuing the week on/week off schedule until school starts on August 29, 2006, at which time Mother shall have primary physical custody and Father shall have every weekend and two evenings per week. It is expected that the Hearing will require one half day. g - Lf --Of:> Date ~~M~ qu:a;e M. Verney, Esquire Custody Conciliator . ... THOMAS A. DEVOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3395 CIVIL V. KANDIE K. DEVOR, Plaintiff CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 30th day of August, 2006, after a hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. Leaal Custody: The parties, Thomas A. Devor and Kandie K. Devor, shall have shared legal custody of the minor child, Gabrielle N. Devor, born May 7,1999. 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 her health, 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, 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. All decisions affecting the child's growth and development including, but not limited to choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion . and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. In the event that either party has a change in their telephone number or address, or termination of telephone service, they will inform the other party within 24 hours of the change. Each parent shall keep the other informed of any changes to the child's medication schedule and of all doctor appointments. 2. Communication between Parties: All exchanges of the child shall be preceded by telephonic contact directly between the Mother and the Father to confirm availability and time of exchange. It is specifically directed that the child will not be used as an intermediary between the parents. 3. Phvsical Custodv: Father shall have primary physical custody subject to Mother's rights of partial custody, which shall be arranged as follows: A. Effective Friday, September 8, 2006, Mother shall have alternating weekends from Friday at 7:00 p,m, until Sunday at 7:00 p.m. B. Additionally, the Mother shall have 1 night a week from after school until 8:00 p.m. C. Summer: (1) Mother shall be entitled to a minimum of 63 days (nine weeks) of custody of the child each summer during the summer recess. Mother's period of summer custody will begin the first Sunday following the end of the school year at 7:00 p.m. (2007 - June 10). (2) Father shall be entitled to a period of visitation from 3:30 p.m. to 8:30 p.m. each week during the summer recess on a day agreed to by the parties and to 14 days (two weeks) of uninterrupted custody of the child for the purposes of vacation during the summer recess, This two week ~ period may be divided into two one week periods or one 14 day period at the choice of the father. The choice of periods will coincide with and include one of Father's normally scheduled alternating weekends. Father shall advise the Mother of his chosen vacation custody schedule in writing on or before April 30 of each year. (3) The Father's period of primary physical custody shall resume at 7:00 p.m. 2 days prior to the start of the school year. D, At other such times as the parties agree. 4, Pending further order of Court or a written agreement between the parties, the child shall be enrolled in the Cumberland Valley School District for the 2006-2007 school year, School is scheduled to begin on August 30,2006 and to end on June 8,2007. 5. Transportation. Father shall provide all transportation until Mother is able to provide assistance with the transportation. Upon the Mother acquiring transportation, the Court will consider adding an additional period of evening visitation during the school week. 6. Holidav Schedule. The attached holiday schedule shall supersede the regular schedule. 7. Nonalienation. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. . .' . 8. The child shall not be relocated from the jurisdiction of the Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania without written agreement of the parties or further Order of Court, By the Court, ~~ M. LEbert, Jr" J. .)rffChael A. Scherer, Esquire Attorney for Plaintiff ~ce D'Alo, Esquire Attorney for Defendant bas ~ 0\1 o O~'? 'r/i\j\//\~lA~~:\j('.L3d )JNf;(>"_~-i r" ':"?!/'Jno 8 ~ : II WI OC ~nlj gaal Ai:NlOl.1JrilCJd 3H1 ::10 3JH,~O-G3li:l . HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6:00 p.m, the evening before the Mother Father holidav to 6:00 a.m. the day of holiday Memorial Day From 6:00 p.m. the evening before the Father Mother holidav to 6:00 a.m. the day of holiday Independence Day From 6:00 p.m. the evening before the Mother Father holidav to 6:00 a,m, the day of hOliday Labor Day From 6:00 p.m. the evening before the Father Mother holidav to 6:00 a.m. the day of holiday From 6:00 p.m. the evening before Thanksgiving Thanksgiving Day to 6:00 p.m. on Mother Father Fridav followina Thanksaivina Christmas 1 sl Half From 9:00 a.m. 12/24 to 3:00 p.m. 12/25 Father Mother Christmas 2nd Half From 3:00 p,m, 12/25 to 3:00 p.m, 12/26 Mother Father From 6:00 p.m. December 31 to 6:00 New Year's Holiday p.m. January 1, with the alternating year Father Mother defined bY the year of December 31 From 6:00 p.m. the evening before the Mother Mother Mother's Day holiday to 6:00 p.m, the day of the holiday From 6:00 p,m. the evening before the Father's Day holiday to 6:00 p.m. the day of the Father Father holidav