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HomeMy WebLinkAbout06-6588 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. () ft, -~ r~ CIVIL TERM SANDRA L. MERLINI, Plaintiff JACK C. DAVENPORT, JR., Defendant : IN LA W - CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is SANDRA L. MERLINI, 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 partial custody of the following child: Name Present Residence Age Abigail Nichole Alaniz-Davenport 1350 Forest Hill Road 12 mos./ d.o.b. 10-31-2005 Stevens, P A 17578. The child Abigail Nichole Alaniz-Davenport was born out of wedlock on October 31,2005. The child is presently in the custody of Defendant, who resides at 1350 Forest Hill Road, Stevens, Lancaster County, Pennsylvania, 17578. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Dates Sandra L. Alaniz Sandra L. Merlini Luigi Merlini 6 Box Elder Court Enola, P A 17055 birth / 8-28-06 Sandra L. Merlini Luigi Merlini 6 Box Elder Court Enola, PA 17055 8-28-06 / 9-10-06 Jack C. Davenport, Jr. 1350 Forest Hill Road Stevens, P A 17578. 9-10-06 / present The Mother of the child is Sandra L. Alaniz, deceased on August 28, 2006, previously residing at 6 Box Elder Court, Enola, Cumberland County, Pennsylvania, 17025. The Mother had resided with her mother, the plaintiff, and step-father, at the above address since January, 2005. She was 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 maternal Grandmother. The plaintiff currently resides with the following persons: Name Relationship Luigi Merlini Husband of plaintiff 5. The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons: Name Abigail Nichole Alaniz-Davenport Edward Lankowski Gloria Lankowski Margaret Stempowski Relationship Daughter Grandfather to defendant Grandmother to defendant Mother of Defendant 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. Previous custody proceedings regarding this child are captioned and numbered SANDRA L. ALANIZ v. JACK C. DAVENPORT, JR., No. 06-1878, Cumberland County. 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 maternal Grandmother can provide for the child's emotional, physical, educational and medical needs including establishing a stable home environment and extended family for the child. b.) The child has had heart surgery at five (5) days of age to correct a congenital defect, and her health requires continuing vigilant monitoring. The Mother of the child had the same defect at birth and the similar surgery and required extensive care and monitoring. The maternal Grandmother was the caregiver to Mother and is in an experienced and knowledgeable position to provide the same to the child. c.) The maternal Grandmother and her husband, Luigi Merlini, seek a continuing active roll in the child's life, and the child has formed a close bond with her since birth. d.) The maternal Grandmother has a supportive extended family in the area, and currently resides with her husband, the step-father to the Mother, and Grandfather to the child, all to the benefit of the child. e.) It is in the child's best interest that partial custody be awarded to Mrs. Merlini, the Plaintiff herein. f.) The defendant has not acted in the best interest of the child in ways including but not limited to the following; i.) The defendant has in the past had occasion to return the child immediately to Mother after one night and relinquishing the remaining weekend custody period due to his inability to deal with the child. ii.) The Defendant currently has occasions of returning the child to the Plaintiff due to his inability to deal with the needs of a young child. iii.) The Defendant has changed the child's' daily routine SInce acquiring custody in a manner which is proving to be detrimental to the health and well being of the child. 8. The plaintiff requests that the court order the following: a. Grant the parties shared legal custody of the child. b. Grant her partial physical custody of the child. 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 partial physical and legal custody of the child. Plaintiff further requests any other relief that is just and proper. JJ~ l~~ la>c, L0,'{L-:. fY~ William L. Grubb, Esquire LD. # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff VERIFICATION I, SANDRA L. MERLINI, 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. ~ 4904, relating to unsworn falsification to authorities. DATE: {{ /Ni06 ~&~ Sandra L. Merlini, Plaintiff ("\ ~ ~ ~ ....... ~ ~ ~ - ~ ~ ~ ~~ -t:.. ....s) ~ "-> ~ 7::J:: 'c- o t'.......) f~ '-........ Cr'"\ \,~ ..: .....,"..:...~ c.n :r.:;:,. ',C:) --=- ... SANDRA L. MERLINI PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-6588 CIVIL ACTION LAW JACK C. DAVENPORT, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 28, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday. December 15,2006 at 3:00 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 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 may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and an existing Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By: /s/ Melissa P. Greevy, Esq. pltc/ 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 infon11ation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made atJeast 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) 249-3166 '~<l O/, ~11f'V~.''''cY Iv,,,~ )'fflt Qt ~ '","" J..Joo ,~ ;"/(j Ot -rcrF9'';) - )"rlov - .;elll VlN\tA1ASNN3d AlNnOO (1\~.ntj38~n~ 9 S :01 W\f sa ^ON goaz Atrv'10NOHIOCJd 31-U. :iO 381::!.:io-G31l:l , .. SANDRA L. ALANIZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006-6588 CIVIL TERM JACK C. DAVENPORT, JR., Defendant : IN LAW - CUSTODY PETITION FOR THE AMENDMENT OF CASE CAPTION TO THE HONORABLE, THE JUDGES OF THE SAID COURT: William L. Grubb, Esquire, petitions the Court for an order Amending the Case Caption of the above numbered case, and in support thereof respectfully represents that: 1. A Complaint For Custody was filed on November 15, 2006, captioned as Sandra L. Merlini V. Jack C. Davenport. Jr. 2. On the cover page, which is the ORDER OF COURT scheduling the conciliation conference, the Plaintiff was erroneously shown as Sandra L. Alaniz. o The error on the cover page was a clerical error of your petitioner, William L. Grubb, Esquire. .. 4. The case was docketed by the Office of the Prothonotary as Alaniz v. Davenport. 5. The correct name of the Plaintiff is Sandra L. Merlini. 6. In all other respects the Complaint and subsequent captions are correct. WHEREFORE, this attorney petitions the Court to issue an order amending the case and caption to correctly show the plaintiff as Sandra L. Merlini. Respectfully submitted, Date: 10& \T c. ? ~ ~ LSk f?L~t-. William L. Grubb 10 72661 Attorney for Plaintiff 3803 Gettysburg Road Camp Hill, PA 17011 763-5580 - .~ SANDRA L. MERLINI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06 - 6588 CIVIL TERM JACK C. DAVENPORT, JR., Defendant : IN LAW - CUSTODY PROOF OF SERVICE BY l\1AIL 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 November 21, 2006. Addressee acknowledged receipt of the same on November 21, 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. ~ 4904, relating to unsworn falsification to authorities. Date: tJe') J, 21..... ~o (p le:l2^-e1JJ,~ William L. Grubb, Esquire " LD. 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 ~. " . Complete .ltems 1, 2, and 3. Also complete Item 4 If Restrk:ted Delivery Is desired. . Print your name and addrees on the reverse 80 that ~ return the card to you. . At18ch ttia..-d to the back of the rnallpIece, or on If space permits. 1. ArtIcle to: c;) 1/A"t!)..l~CIt\I~. FO~~"i' ~l If {lO, ..;....:_,. s\rl'eNS , PA . 1,5/ B 2. ArtIcle Number (T1'IffISfer from S6I'\'fCe label) PS Form 3811, February 2ClO4 D~ l'J'" Addre8eM C. Dcte of ~ \ \ (~, I(J (; ( PrInted Name) .ktr tf~ D. Is deIIIIery addnIes cmr-Jt from Item 1? If YES. enter deIlvery addl'elIs below: Dves I;8'No 3. ServIce 1YPe III CertIfIed Mall CJ Express Mall D. Registered III Retum ReceIpt for MerchanclIM D Insured Mall CJ C.O.D. ... ~IJWDllullyt""Fee) "Ves 7006 0100 0001 0297 7561 DornI* Allum AeceIpt 102595-02*1640 i Exhibit "A" \\ ,<:0 ~2 ~ ...-.:> . c:::; ~ ...~ .~ '" .CSJ -0 :> t:'? '" ,-0 ~ ~~ ::0 O(-l ~ .~ --r~ _ "1" QL~' O/-(TI :::.';.\ ~ .", SANDRA L. MERLINI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06 - 6588 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 ORDER OF COURT issued in the above matter on Tuesday, November 28,2006, directing the parties to appear at a Pre- Hearing Conference on Friday, December 15, 2006, 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 December 1,2006. Addressee acknowledged receipt of the same on December 1,2006, 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. S 4904, relating to unsworn falsification to authorities. Dr.te: /2,- ej- ore ~€:-. William L. Grubb, Esquire LD. 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 " '. . Complete Items 1, 2, and 3. AI80 complete Item 4 if RestrIcted Delivery is desired. . PrInt your name and address on the reverse 10 that we can return the card to you. . Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: s~ C",~v~ote-"" ,:SI2" l~~() F.>tz.~ '\ H-t}l J2D, ~\s:VcN\, P4 '75" 78 2. ArtIcle Number {7hulsfer It'om setvIce I8beI) PS Form 3811, Febn.wy 2004 3. Servlde"Jype ~ MIll 0 Express Mall o Reglst8l8d 0 Return ReceIpt fell" MerehIncIIe o Insured Mall 0 C.O.D. 4. ReItItol8d 0IIIwly? /EWlI ~ ..e Yes 7006 0100 0001 0297 7585 eome.lIc Allum "-celpt 101l115-02-M-11l4O Exhibit "A" ~ ('~ <= ~" d"' F\ C"') \ 0" g :e' -vCP rnrli ..c:- '.].::~ ~~~:~ ~~i; ~:\ ~~ ~ -cJ _..i>'" r:-? c.t""". {.-',,"r .~ 7 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6588 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY SANDRA L MERLIN I, v. JACK C. DAVENPORT, JR., Defendant ORDER OF COURT AND NOW, this 2. 1 ~\\ day of December, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal custody. The Father, Jack C. Davenport, Jr. shall have legal custody of the minor child, Abigail Nichole Alaniz-Davenport, born October 31, 2005. The maternal grandmother, Sandra L. Merlini, shall be entitled to access to otherwise confidential medical and dental records pertaining to the child. shall be entitled to attend medical visits and receive necessary information and instruction from health care providers as it relates to the child's medical care and treatment. 2. Phvsical custody: The Father, Jack C. Davenport, Jr., shall have primary physical custody subject to the maternal grandmother's rights of partial custody which shall be arranged as follows: A. Commencing December 15. 2006, on alternating weekends from Friday at 10:00 a.m. until Sunday at 5:00 p.m. The 10:00 a.m. pickup time shall continue until such time as Father's work hours change to the day shift, at which time the Friday pickup time shall be changed to 5:00 p.m. It is presently anticipated that this change will occur in mid-January, 2007. B. And as such other times that the parties agree. 3. Transportation: The party receiving custody of the child shall provide transportation incident to the custodial exchange. 4. Vacation: A. Each party shall be entitled to up to two (2) consecutive weeks of custody for purpose of vacation each year. The parties will consult with each other before making arrangements and reservations for said vacation. These periods of custody shall be limited to domestic travel only, unless otherwise agreed. - .. NO. 06-6588 CIVIL TERM B. The maternal grandmother may have up to one (1) week of custody in March, 2007 for purposes of a trip to San Diego, California. However, before departure, the parties will obtain clearance from the child's physician for her flight, and shall arrange for a medical information packet from her treating physicians to be available to the maternal grandmother in the event that the child needs medical care while on vacation. At present, the anticipated dates of travel for this trip are March 14,2007 through March 19,2007. 5. The child shall not be exposed to second-hand smoke. 6. Neither party shall do or say anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and respect for the other party. Each party shall ensure that third parties also comply with this provision during his or her periods of custody. 7. Holidays: The following holiday schedule shall supercede the regular schedule: A. Christmas. In the odd-numbered years, the maternal grandmother shall have custody from December 23rd at 10:00 a.m. until December 24th at 5:00 p.m. for purposes of Christmas holiday. In even-numbered years, the maternal grandmother shall have custody from 10:00 a.m. December 26th through 5:00 p.m. December 2ih. B. Thanksoivino. The maternal grandmother shall always have custody on the Friday after Thanksgiving Day, commencing at 10:00 a.m., for purposes of a Thanksgiving holiday observance. C. The parties shall share the following holidays: Easter, Memorial Day, Independence Day and Labor Day. More specifically, in even-number years, the maternal grandmother shall have custody for Easter and Independence Day and Father shall have custody for Memorial Day and Labor Day. In odd- numbered years, Father shall have custody for Easter and Independence Day and the maternal grandmother shall have custody for Memorial Day and Labor Day. D. Mother's Day. Maternal grandmother shall have custody for Mother's Day from 5:00 p.m. the day before Mother's Day until 5:00 p.m. Mother's Day. E. Father's Day. Father shall have custody for Father's Day each year from 5:00 p.m. the day before Father's Day until 5:00 p.m. Father's Day. " NO. 06-6588 CIVIL TERM BY THE COURT: ~~~~ Dist: J. . ::'/\'(r) In .i'" 1',.' '.,I' j d:.J I 7 1':10 Dril7 ..... \"of ,"",_" ..n,JV,-," DEe 18 Z006 ~, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6588 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY SANDRA L MERLlNI, v. JACK C. DAVENPORT, JR., 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 Abigail Nichole Alaniz-Davenport October 31, 2005 Father 2. The maternal grandmother filed a Complaint for Custody on November 15. 2006. A Custody Conciliation Conference was held on December 15, 2006. Present for the conference were: the maternal grandmother, Sandra L. Merlini, and her counsel, William L. Grubb; the Father, Jack C. Davenport, Jr., and his counsel, Kurt A. Gardner, Esquire. 3. The parties reached an agreement. of an Order as attached. Io/-:a/O 6 Date :288717 SANDRA L. MERLINI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JACK C. DAVENPORT, JR., : DEFENDANT NO. 06-6588 CIVIL ORDER OF COURT AND NOW, this 4th day of May, 2011, after consultation with Lancaster County Court of Common Pleas Judge Jeffrey Reich, IT IS HEREBY ORDERED AND DIRECTED that the Prothonotary transfer the file of this case to the Lancaster County Court of Common Pleas. The matter will be docketed in that county at CI-11-04572. By the Court, rn M r= C M. L. Ebert, Jr., ?. C GJ ?j ?-ry I? i Iliam 1... Grubb, £ 'yj iota-nport Cdr, INe+ A?