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HomeMy WebLinkAbout94-00353 ~ Ii' I' , , 1 , , , , , " ,I i " 'i . ~ '" d , , ",I ,\, 'I' I , " , I 'h 'I' ,'rP ,. ;'~~ I~ 0/ ~1 "I' , I " " \'1 " I, ,,' " I, I~' I,l~ 'I~~ ,11 '~~ 'r~ In: i " " " \1 ) ;I~ i;f,] I, ~V\li ',1\" III I',' I:~ ~~~ ,~J ~ ~ 111)',1 "'1" .~ i 1 ~ ~~ j 1 , , , / / I ' ',',I ( I, , , 'I " " i')i , , , , I' "1 i, ", ',\' , '. . ", 1,1 I I, I \~ " ;1 II I I , " " , , " , , " , , , ," " .\, ~ .-J: r... ~ {} ;:\ , ,-" ,... v) "..) - ~ 11 11 . . ,. ~~ , -. ~ ~. ~ "") .. ~ ~" .' ;!i , .... ~ "I e, d ... - j , .j f:! .- .....:) I' ..... t.,- , .::I- f) "-./ /~ ... I." -=-4 .. .:t 11ft " "j I I I . I I , J!!~ u i'; J<!K I " I DANIIL I. ABIL, PLAINTIFF IN THE COURT OF COMMON lILIAS Qr CUM~ERLAND COUNTY, PENNSYLVANIA NO. 353 t~~ l'lqtf VB. NANCY V. ABEl., CIVIL ACTION - LAW CUSTODY DEFENDANT OIlD.. or c:qull'l AND NOW, Fr' b. I, , 1994, con8ideration of t~6ttached Petition, it ~s directed that the pa~tie8 and their re8pective appear before" ~""" ,,(,~ h~'I' , conciliat~~~, ~ at _r:').. ~~, ,\., c" . ., )1 on the ,(, day-or-- " , 19 ;-it LJ D .M. for a Prehear ng Custo y Conference. t such ~rence, an effort will be made to reeolve the issues in dispute; of if this cannot be accomplishlild, to define and narrow the i811ue8 to be heard by the court, and to entel" into a temporary order. Either party may bring thll child who is the subject of this custody action to the confsrenoe, but the child's attendance is not m/l.ndatory. ..ailure to appear at the conference may provide grounds f.or entry of 0 tempq~ary or permanent order. upon hereby counS8 the FOR THE COURT I BYI '/~>)L,<,ldt., ~'l)~ ts., Coy Concil at or ~,;' YOU SHOULD TA~E THIS PAPER TO YOUR LAWYER AT ONCK. IF YOU DO NOT HAVE A LAWYER OR CANNOT A....ORD ONE GO TO OR TELEPHONE 'I'HE OFFICE SET FORTH BELOW TO FINO ouf WHIllR! YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR COURTHOUS~:, FOURTH FLOOR CARLISLE, PA 11013 ('11. 7) 240-6200 DlAN! G. IlAJICl.nr ATTOINU.AT.J,AW ....'rlIN...." IliA II .:AM, 111I.1,. 'A 1.011 1 r., z \I 51 A~ '9~ .111l:t- QF Ii': II': 'j, 1 M,y CUM,I;!, '" "llllY P\'lltf ':.l l,t ,\!,' fl, " )1, ;,' 1\ ," " ,I '. " I' . DANUL I. ABIIL, I IN THI COURT OF COMMON PLIAS or llLAINTIrr I CUMBIR~AND COUNTY, PINNBYLVANIA I v.. I, NO. I NANCY V. ABIlL, I CIVIL ACTION - LAW DIFINDANT I CUSTODY CV''IODI C1q11'LAIII'l' 1. The Plaintiff i. DANIEL I. ABEL, re.iding .t 4183 Cove Court, Mech.nic.burg, Cumberland county, Penn.ylv.ni.. 2. The Defendant 11 NANCY V. ABEL, rlliding .t 40 Honey.uckle Drive, MechanicsQurg, Cumberland County, Penn.ylvania. 3. P~aintiff seeks custody of the following children: NAMI PLACIl or RIlSIDENCIl AGB D.O.B. NICOLI B. ABIlL 40 HONEYSUCKLE DRIVE 3 01/22/90 MIlCHANICSBURG, PA TAYLOR A. ABEL 40 HONEYSUCKLIl DRIVE 1 06/19/92 MIlCHANICSBURG, PA The children were not born out of wedlock. The children are presently in the custody of the Defendant/Mother who resides at 40 Honeysuckle Driv., M.chanicsburg, Cumberland County, Pennsylvania. During the past three years, the childr.n have resid.d with the following persons and at the following .ddr.....1 DIAN~ G. RAOCLU'f ATTOa"',Y.A1'.I,AW ..../.INII.... .')AII (;4M 1111,""4 I1nll 2 I PERSONS ADDRESSES OATIS DANUIL Il. AIIlL . 40 HONIlYSUCKLIl DRIVIl BIRTH TO NANCY V. ABIlL HIlCH~ICSIURG, PA 12/92 NANCY V. ABIlL 40 HONIlYSUCKLE DRIVE 12/92 TO MIlCHANICSBURG, PA PRIlSlNT The mother of. the ohildren 11 NANCY V. ABEL ourrently re.iding at 40 Honeysuokle Drive, Heohanic.bur9, Cumberland County, pennlylvania. She 18 married. The father of the children il DANIIlLI. ABEL currently re.idinq at 4183 Cove court, Mechaniclbur9, cumberland county, pennsylvania. He 18 married. 4. The relationship of plaintiff to the children il that of naturel father. The plaintiff currently re.id.. with the following perlonsl NAMIlS NONI RELATIONSHIP NONI 5. The relationship of Defendant to the children i. that of natural mother. The Defendant ourrently relide. with the following persons I NAMIlS RELATIONSHIP DlAN! G. UJK;UFF NICOLI!l B. ABIlL SUBJIlCT CHILD ATI'O.N!~."T.UW 1441 falNI L~ aOAI> TAYLOR A. ABI!lL SUBJIlCT CHILD CAlli' III...., A 171111 3 . I mANl G. IlAncun ATrOINU.AT.l,AW It.- nlNIIU 'QAIl (:AII' lIIU., 'A 17011 , I I,j 6. plaintiff hal not participated al a party or witne.., or in another capacity, in other litigation concerning the custody of the children in thil or another court. plaintiff hili no information of a cUltody proceeding conoerning the children pending in a court of thil Commonweal th. plaintiff doel not know of a per.on not a part to the proceedingl who hili phYlical oustody of the ohildren or olaim. to have cUltody or vi8itation rightl with relpeot to the children. 7. The belt interllt and permanent weUare of the children will be IIrved by granting the relief requllted becau.. the father can provida a love, .table environment for the ohildren, providing for their .motional and phy.ioal well-b.inq. B. Each parent whol' parental rightl to the ohildren have not been terminated and the penon who haa phylioal oUltody of the ohildren have been named a part to thh action. WHEREFORI, Plaintiff r.qu..ts the Court to grant primary phylical cu.tody of the children to the Plaintiff, 4 l lubjlct to rla.onabll tlmporary oUltody with thl Dlflndant Ind Ihlrld 119al cUltody with both partil.. Rllplctfully lubmittld, " , , jll " . ! .! "I , (' i"1 , i/ II I., I' , " , ' 'i " DlAN! 0, UDCLlrr ATI'OIN1\'.,n.uw .(~ nlHIlu. .'MII 'JAM' HII.I" 'A 17011 & I": YlIlIP Z GAllO. -pANIEL E. ABEL verifie. that the statemente made in this Complaint are true and correct. I DANIEL E. ABEL understands that fal.. ,/ statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to l~nsworn falsification to authoritiee. I I '~J) <-...1 \ (- DANIEL . ABEL II II, , " '" >I;, " '1 " ,i I DIANE G. llADeLl" AnOItNlY.AT.LAW m. TltlNnU lOAD CAM' IIILL. 'A 17011 t' t,1 I " . . I: , Dl\NIIlL II. l\REI" plaintiff IN THE CO\J)'{'l' OF COMMON lILJ;l\S or CllMBERI,ANJ) COUN'rY, llENNSYINMUA I' I r I, ~I v. No. 353 civil 1994 C TV r.r, JI/"!, ION - I,AW NANCY v. ABti:L, I , I I \ 'I \ ' I I i Defendant CUS'.['ODY ORDI~R ANI) NOW, t.his ..1~ dRY of. _._~,"-,__; 1994 upon presentation of the within Cu"'" StIpulGlItItI, IT IS IIBRBBYORDIJIlHD , " AND DBCRBED: " 1. The parties shall share legal custody of the parties' Children, N,"*B.A",,.NlTayIotA.Alwl. Each party sholl have the right to participate in nll major decision nffe~ting " the ChUdnll'8 beat interests. r~llch par'ty shall haVE! 1:,110 , "~I ,I right of. accefHI to aJ.J perSOnf) having knowledge or infot'nlutJ.on and documents pertaining to the Children'. health, educntion, reliqion and general we ll.being. Each party shall keflp thl) othor party informed as to all important matters and events pertaining to the Children and shall cooperate with each other 80 that each party oan participate therein. 2. Mother shall have primary physical custody of the Children 9ubjeGt to rather' 8 r:ights of partial oustody as an hereafter set forth. /16. III rr nl i I W'I DlANI G. IlAllCUrr ATTOINU.AN,AW su, TaINllI,' ..,AIl l:AMt 11I1.1" tA 17011 1 1 , ~ ,.. '," 'I M """'l~ - r' , mAN! G. llAllCLlfF ATrOINf.\'.Af.I,AW .". TaINI)I,'.'1A1I tAl/PlIIU.. PA 17.11 3. 'athe&' shAll have PBI'tial custody of thll CbUdr... in I I accordance with the following schedule I (a) Alternating weekends from Friday at 6100 p.m. until SundAY at 6100 p.m. (b) One evening in the week i~nediately preceding Moth.r'. regu Lar al ternating weekend commencing between 3130 p.m. and 4100 p.m. and terminatinq at 7130 p.m. 'ather Bhall pick up the Chl1dr... at the daycare center at the co~nellcement of said partial custody pedod and llhall returll them to Mother'. residence. 'ather shall notify Moth.r 24 hours in advance of his intention to exercise this partial custody period. (c) The following holidays shall be alternated between the partJ.es I Mllrtln Luther Ki.ng Day, President's Day, Eaeter Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day and Thanksgiving Day. rather/. first holiday shall be Memorial Day 1994. Any party entitled to the holiday shall have custody commencing at 9100 a.m. and ending at 7130 p.m. provided, however, that if /lny such holiday falls on a Friday or Monday, the person entitled to the holiday shall be entitled to exercille the slime in conjunction with the immedi,ately Iluccoeding or preceding weekend and, if 2 , . sa id weekfl/ld il,J not. that party's regular alternating weekend, that party may elect to exercise said holiday together with the weekend by switching his or her next alternating weekend with the holiday weekend upon giving the other party fourtetln (14) days advance notification of said election. Further, the parties agree to be flexible with respect to the foregoing pi ok up and return times so that in tho event a party entitled to a holiday has a specIal event planned whioh requi,res expanaioll of the aforesaid times, the other party will agree to any such reasonable requeste for such expansion of time. (d) Chriatmas shall be divided into the following two segments I 1. December 24 at 9tOO a.m. until December 2S at 2tOO p.m. 2. December 25 at 2:00 p.m. until December 26 at 7t30 p.m. The above segments shall be alternated between the parties. rather shall have the second segment in nJANl G, lAlJ<:Llrr AnO.NU.AT.I,AW 1141 TIlINOI.', 10AIl I:AI\I, 11I1.1., 'A 11011 even numbered years and the first segment in odd numbered yearn and Mother ehall have the first segment in even numbered years and the second segMent in odd numbered years. 3 4. With respeot to the foreqoinq custody sohedule, the partiee agree ae tollowsl (a) rather shall provide transportation neceseary for the exercise of his partial custody right8 except 08 specifically set forth above. (b) Holidays shall taKe precedence over all other custodial period!;l. Summer vacation periods shall take precedence over all other custodial periods exoept holidays. (c) Neither party shall operate an automobile or other motorized vehicle or equipment in which the children are riding while or during any time said party is under the influence of aloohol. (d) Each party shall provide and utilize _leaping arrangements separate from the party or a~y third party during said party's custodial periode. IIY TilE COURT ~.r.u..~o{! I DIANE G. UDeLlrr AnOIlNr.V.Al'.I,AW IUI TIlINIIU. al)AII CAMt 11I1.1.. tA 1",11 ., , &. . I I I , DlAN! G. Urx:Uff ATrOINr.Y.AT.J.AW 1441 'FlINIlI.' lOAn ':ANt tIIU., fA 11QII DANIIL.Il. ABEl" IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA P laintif f v. No. 353 Civil 1994 NANCY V. ABe:L, CIVIL ACTION - I,AW l)e~elldant CUSTODY CUSfYJDY.YTIPUUTION AND NOW, thie &~ day of ..c1uJl.L.J , 1994 come NANCY V. ABEl, hereafter "Mother" anPDANIIU. B..aBL hereaftllr "ratber", togother with their respective legal counsel and stipulate and agree as follows pertaining to the custody of their minor children, lioole I. Abel born January 22, 1990 and Taylor A. Abel born .June 19, 1992, hereafter "Cbildren": 1. The parties oholl lIhare 1egol custody of the Children. Each party shall have the right to participate in all major decision offocting the Children'. best interests. Each party ahall have the right of access to all persons having knowledge or information and documents pertaining to the Cbildren'. health, eduGlltion, religion and general well- being. Each party ehall keep the other party informed as to all important matters and events pertaining to the Children and shall cooperate with each other so that each party CAn participate therein. 2. Mother shall hav.., primary physical cU8tody of thll Children subject to rather'. rights of partial cU8tody 8S are tl J)IANt o. ~AJX:J.J" AnOaN1Y..\'r.I.AW 'H' nINm.,. .'IA" t~MP "11.1.. p~ 11011 hereafter set forth. 3. ,.thtr IIhall have parJitll custody of the CbUlIrln in accordenee with the following schsdulel (a) Alternatinq weekends from Friday at 6100 p.m. until Sunday at 6100 p.m. (b) One evening in the week. immediately precedi.ng Mother'. regular alternating weekend commencing between 3130 p.m. and 4:00 p.m. and terminating at 7130 p.m. rather shall pick. up the CbUIIa'e.. at the deycare center at tpe commencement of said parthl custody period and shall return them to Mother'. residence. 'ather shall notify Motber 24 hours in advance of his i.ntention to exercise this partial custody per iod. (C) The following holidays shall be alternated between the parties: Mar.tin Luther King Day, President's Day, Easter Day, Memorial Day, Independence Day, Labat' Day, Columbus Day, Veteran's Day and Thanksgiving Day. 'ethel'" first holiday shall be Memorial Day 1994. Any party entitled to the holiday shall have custody conwencing at 9100 a.m. and ending at 7:30 p.m. provided, however, that if any such holiday falla on a Friday or Monday, the person entitled to the holiday shall be entitled to ellercise the same in conjunction with the 7 im/Tledilltely Bucc;aeding or precrdin9 weekend and, if said weekend 16 not that party's reqular alternating weekend, that party may elect to exercise eaid holiday together with the weekend by switching his or her next alternating weekend with the holiday weekend upon giving the other party fourteen (14) daye advance notification of uid electJ.on. rurther, the parties agree to be flexible with respect to the foregoing pick up and return times so that in the event a party entitled to a holiday has a special event planned which requires expanaion of the aforesl1id times, thlt other part.y wlll a9ree to any such reasonable requests for such expansion of time. (d) Christmas shall be divided into the following two segments I 1. December 24 at 9100 e.m. until December 25 at 2100 p.m. 2. December 25 at 2100 p.m. until December 26 at 7130 p.m. The above segmente shall be alternated bet~een the perti.es. rather shall have the second segment in DlAN! G. IlAIlCLlfr A'tTOINr.Y.AT.I.AW 1141 nINIlI.', .r)~l) C~M' HIU.. ,~ ITOII even numbered years and the ftrst segment in odd numbered years and Mother nhall have the first segment in even numbered years and the second 8 segment in odd numpered years. (e) '.tbe~ shall have custody of Father's Day from 91aO a.m. until 7130 p.m. and Mother shall have custody on Mother's Day from 9:00 a.m. until 713Q p.m. (f) 'ether shall have custody during the summer 111 followSI 1. Two (2) non-consecutive weeks in 1994. 2. Three (3) non-consecutive weeks in 1995. 3. Four (4) non-conoecutive weeks in 1996 and thereafter. During the aforesaid periods of summer vacation partial custody, Motber shall have partial custody of the Chl1dren on Wednesdays from 4100 p.m. until 7130 p.m. provided that r.ther is not out of town and further provided that it does not conflict with any spellial plans of the r.ther. Mothel' shall DIAl'll G. RADCLIff ATTOlNJ.V.U.UW _ TlINDU lOAD "AM. HII.I., 'A 17~1l provide the transportation for these evenings. (g) ,ather shall be provided with a reasonable partial custody period on or near each ChUd' s pirthday. In the event Taylol"s birthday falls on 'atber's Day, Motbel' shall be provided with reasonable make- up time. 4. With respect to the foregoing custody schedule, the parties agree as followsl (a) rather shall provide transportation necessary for 9 . . NAHCY ABIL, . Plaintiff I IN THI COURT or COMMON PLIU or I CUMBIRLAND COUNTY, PINNSYLVAHIA I I NO. 353 CIVIL 199~ I I CIVIL ACTION ~ LAW I IN DIVORC. va. DAHIlL ABIL, Defendant AND NOW, thh , 19U, it h hereby ordered that Plaintiff'. ooun.el be withdrawn I' Coun.el of record for the abov.-oaptioned oa... J. ", , I: I' 'I I, " , I I.' " , , 'I I I , ' " " 'I 'I r ,. fEU 1.'1 ~ u J AH '9~ ,"1 " , ,III .\;.y ,.! ( ,'j " (',', " 'I I " , " ,,' " I)' " , , , , , il U " , " " 'I , '1'" " " " ,', I " " , " i , , , II 11\ " , ;'i I' , , " " 1;1 , " " , , ;j1 il 1,1 . NANCY AlBI., Plaintiff I IN THB COURT or COMMON PL.AS or I CUMBBRLAND COUNTY, PBNNSYLVANIA I I NO. 353 CIVIL 1994 I I CIVIL ACTION - LAW I IN DIVORCB va. DANIBI. AlII., Defendant PB'J'ITION .1Q...WITHDRAW AS COUNSIlL AND NOW, come. the lIlaintiff, Nanoy Abel, by and through her attorney., The Law Office. of Patrick F. Lauer, Jr., J.rry W. Brown, I.quire, and re.pectfully aver. the followingl 1. The Plaintiff, Nancy Abel, i. an adult individual, who ourrently re.ide. at 40 Honey.uckle Drive, Mechanic.burg, Cumberland County, penn.ylvania. 2. The lIlaintUf voluntarily terminated the attorney/olient relation.hip on or about February 9, 1994. 3. Plaintiff'. ooun.el i. no longer repre.entinq Plaintiff in the above-captioned action. WHBRIFOR., PlainUff ' a ooun.el requeet. thh Honorable Court to withdraw The Law Offioe. of Patriok r. Lauer, Jr., a. ooun.el in the above-captioned aotion. Re.peo fully .ubmittedl DATil ;rtJfry f ' . Brown, 2108 arket Street Camp Hill, PA 17011 (71 ) 763-1800 " ' {l,',:1 DANIIL I. ABIllL, PLAINTIFF IN THill COURT or COMMON PLIAS or CUMBERLAND COUNTY, PINNSYLVANIA NO. 353 CIVIL 1994 CIVIL ACTION - LAW CUSTODY VII. NANCY V. ABEL, OIllFENDANT CI.TIrICATI or .~.VIC. I hereby certify that a true and correct copy of the complaint in CUlltody has been lIorved upon the Defendant, NANCY V. ABEL, by Certified Mail, Restricted Delivery on the 16th day of February, 1994. The return receipt is attached hereto a8 Illxhibit "A" and made a part hereof. ' Reepectfully submitted, DCL 'I Road Ca A 17011 (717) 737-0100 Attorney for Plaintiff DlAN! G. RAJlC:L1Fr ATIOlN',Y.A'HAW ..It -rRINPn. .1IA11 CAli. 1111.'.. 'A 17011 ,. "