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HomeMy WebLinkAbout95-06209 ".,> " :':'. ,,"'. . ~'::,;,( ,',q. ' . ~:; :: ..... , ~' I'" ,. ;;: ,:'1.".:',:, ' ' 5.: . I;;,:., .' 1(' ,,'-,' < , . . , I ::~~,/~:"q. '. f::'\<:,: :;.,",:" . .,..,/,\;.:..,,:,"\'.j} ?'B':/ " '. ' ,"":':',:')';:';;:",.,:::,;:,:,\: , , . . . " - ':<:'i?c. , ' ,", ':~\~'I?:-}.-.':':-:;.;: . . . ". ":,,,,'..:-c. '~\:;;~:;"~:):;,;}~?t:;!:,., ,:.....' ""'" ";".<,, :";::; ,'.: ;~?\/:,:>::,;,:i ..' \,':';,,: .'::'J: .'{ :;',', ",:..<' , .. "c,. ../,.",:~.:.;;~ . . ", ' ., . .' t'"'',''' ',;.;<\. '" . ..' . .' ... f . ,;1;::.>' ... . .. ..... . ;.~J:C.. :,',::....:.:' . . . .: ,>~:;.':<}i;:~:::! "'. ...,' . :.....- ",',t..., :\ ". ',~ " . "/';'" ,;.. "'-:., :,;',:'::'.' ','.. ," ..."....'.,,::,;,',;,r,:...:.'{;, n;.;"" . . . . .. . . ""':;;i'~' :;( , .< ",;,'::, .'. . . \ ':,..":. ;'::'v, ~<:;':_. "." , i ,.', ,>,,\,>~ '. " :'" ".., :; ie", .' ......, "'F,~'::,~';:);' ',ev :L\:~u . . :" ", .:'."C,' 'c ;:, ~;':"';':'.:'. ,. ....d:.,/,>~ ill; ,,,,:.." :::,".'- '.' .,' ',', .,i;:':;),;;/\. '.i::;::',':~:':""" .' ., . ".', '"L 1\,;,. e; i" """', '. ,,;,r'<;;; .,Co! ;!?'.:>" ." " " ~>:~{;,t::' , .', " ..' ,::J ',;:~;i';' :..,. .. . ;' ." .,'.' ;' " .};' ':',''(' .,<,' '.,', . ,:}~';;<t,)~,: :./,;:)"\::~'" " '. ".:"";'FLX i:~,:;:::;.', . . ': .' , " i , <'-.""".. .' ....,.. ,.',' ';:,\. ...." "', ',,' . ,','.,' ",." <;'(':," . .'.... <,t'I.' ..'" . . ..., ',; f;it., .'. ' ,''':,}''., r'~"',.. . ",:,' :,;" c',.,. " '.',;"'.. '., '::' , , .... . , ' .....? , ...., I; , -," , '>,:;1 ' '.. ": . ,-.-", ;;: ,. '" .: ',:; , .... ." '". . . " TRACY A. SECHRIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-6209 CIVIL TERM TODD M. HECK, Defendant CIVIL ACTION - LAW CUSTODY CIUlIlR OF OOURT AfC) lDf, this !811 day of ne.e.QA....~ , 1995, upon consideration of the attached Custody concrl.1ation Surnnary Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Roan No. '.Ie of the Cunilerland County Court House on the l'l lJ,. day of ',), \~1.L , 1996, at '/$' -1.-:. eLm. at which time testimony in this case will be t)lken. At this Hearing, the Mother, Tracy A. Sechrist, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth their position on custody and also setting forth a list of witnesses who will testify at the Hearing along with the anticipated testimony of each witness. This memorandum shall be filed at least ten (10) days prior to the Hearing date. 2. Pending further Order of this Court, the Mother, Tracy A. Sechrist, and the Father, Todd M. Heck, shall have shared legal custody of Ryan Mitchell Sechrist, born September 3, 1994. 3. pending further Order of this Court or agreement of the parties, the following temporary custody arrangements shall be in effect. The Mother shall have primary physical custody of the Child subje,=t to the Father's following periods of physical custody: A. As long as the Father remains on disability and is not employed, he shall have partial physical custody of the Child every Monday and Tuesday from B:oo a.m. until 5:00 p.m. and on alternating weekends from Friday at 8:00 a.m. until Saturday at 6:00 p.m. During weeks following Father's [)criods of weekend custody, the Father shall also have custody of the Child on Thursday from 8:00 a.m. until 12:00 noon. B. When the Father returns to his regular employment, he shall have partial physical custody of the Child every Tuesday and Thursday from 4:15 p.m. until 8:00 p.m. and on alternating weekends from Saturday at 8:00 a.m. until Sunday at 6:00 p.m. C. The Father shall have physical custody of the Child in 1995 on Christmas Eve at 12:00 noon until 7:30 p.m. The Father shall have custody of the Child on December 26, 1995 and December 27, 1995 from 8:00 a.m. until 5:00 p.m. rather than the periods specified under the regular Temporary Custody Schedule. ~ , , ". " TRACIe A, SECHRIST, Plaintiff IN THE COURT OF ~ PLEAS OF : CUMBERLAND COONTY, PENNSYLVANIA . . . . vs. : NO. 95-6209 CIVIL TERM 'l'ODD M. HECK, Defendant : CIVIL ACTION - LAW CUSTODY a...~'-U~ <DiCILUTICII ~ RBJ1(Rf III ACCXIllWICB IfI'1'II a~-u.AII) ocumr RlILB CR CIVIL PR(Jo ~.IRB 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Ryan Mitchell Sechrist September 3, 1994 Mother/plaintiff 2. A Conciliation Conference was held on Decentler 6, 1995, with the following individuals in attendance: The Father, Todd M. Heck, with his counsel, William C. vohs, Esquire, and the Mother, Tracy 1\. Sechrist, with her counsel, Philip H. Spare, Esquire. 3, The parties (never married) separated on October 28, 1995. Since that time the Mother and the Child have been living with the maternal grandparents and the Father resides alone in the marital reaidence. The Mother works Mondays through Fridays fran 8:15 a.m. until 4:45 p.m. The Father is currently on disability and does not expect to return to \/Ork until the begiMing of next year. The parties informally agreed, since their separation, that the Father would have partial custody of the Child every Monday and Tuesday fran 8:00 a.m. until 5:00 p.m. and on alternating weekends fran Friday at 8:00 a.m. until saturday at 6:00 p.m. Neither party is currently satisfied with those temporary arrangements and this custody action ensued. 4. Although the parties are able to cOl1ll1Unicate well with each other, they were not able to agree on either long term or even tenp:lrary custody arrangements at the Conciliation Conference. Therefor, a Hearing will be necessary in this matter on the issue of primary and partial physical custody. The parties were able to agree only on shared legal custody. 5. The Mother's position on custody is as follows: The Mother sought to limit the Father's periods of custody over the Child's nap times and overnight sleep times. The Mother stated that the existing partial custody schedule was interfering with the Child's sleeping schedule and that it W88 having a detrimental effect on the Child. According to the Mother, the Father is not able to get the Child to sleep at nap time. The Mother expressed other concerns with the existing schedule including the fact that the Father had contacted her recently during his period of custody becaull8 he felt dizzy and was concerned that he was going to pass-out. The maternal grandmother went to the Father's residence to assist in the situation. The Mother also mentioned that the Father did not exercise his right to custody on certain occasions in the past. The Mother does not believe the Child is ready to be separated from the Mother for prolonged periods. The Mother proposed that the Father have partial custody of the Child two evenings per week from 2:00 p.m. to 7:00 p.m. and every other weekend during the daytime on Saturday and Sunday or every weekend on ei ther Saturday or Sunday daytime. 6. The Father's position on custody is as follows: The Father stated that as he is currently not working at this time he is able to spend significantly more time with the Child than is provided for in the parties' informal agreement. The Father stated that the Child has had difficulty napping at his residence but felt that if the Child were with him for longer periods of time and more fl:equently overnight, the Child would become more familiar with the surroundings and adjust accordingly. The Father addressed the Mother's concern regarding his health by explaining that he had a pinched nerve in his neck which was corrected by his Chiropractor. No other similar incidents have occurred before or since that time. As to the Mother's allegation that he had not exercised his right to custody at certain times in the past, the Father stated that on those occasions or occasion the Child had been sick and he felt it would be in the Child's best interest to remain in his maternal grandmother's care during the illness. The Father feels that the Mother is simply having difficulty in adjusting to the idea that the Child has two homes. While he is on disability, the Father proposed the following custody schedule: the Father would have partial custody of the Child during week one from Monday at 8:00 a.m. until Wednesday at 5:00 p.m. and on Saturday at 8:00 a.m. until Sunday at 6:00 p.m. In week two the Father would have custody of the Child from Thursday at 8:00 p.m. through Friday at 5:00 p.m. Weeks one and two would alternato. 7. The Conciliator proposed numerous arrangements whereby the Father would have partial custody of the Child more frequently than the current schedule but at times scheduled to avoid nap time or bedtime and also arrangements whereby the Father would have less frequent periods of custody but each period would include overnight custody. The parties were unable to agree on any schedule because the Mother believes the Child is too young for overnight periods of custody and the Father feels that any periods of custody after he returns to work will necessarily have to include overnight visitation to provide sufficient time with the Child. 8. It should be noted that the parties are expecting the birth of a second child in early to mid March 1996 and this may have an effect on any custody schedule established by the Court in this matter. 9. Finally, the parties were unable to agree on a temporary custody schedule pending Hearing. Both partip.s were concerned that approval of a schedule similar to the existing custody arrangements would prejudice their positions at Hearing. Therefor, the proposed temporary custody schedule in the attached Order reflects the Conciliator's attempt to continue existing arrangements between the parties to minimize the number of changes in the Child's schedule. Therefor, the temporary arrangements outlined in the proposed Order are submitted without prejudice to either party's position at Hearing. It is anticipated that the Hearing will take approximately . . ,I fH o--.Jv" Date J.cJ. I 9 7 ~ . c~~ Dawn S. sunday, Esqu r':'/ Custody Conciliator r , ~ I \ I one-half day. The parties requested that Hearing be expedited in this matter so that custody arrangements can be finalized prior to birth of their second child in early March, 1996 and to insure the availability of the Mother st the Hearing. TRACY A. SECHRIST, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95- ~.xJfl Cu;tJ02e,., CUSTODY OF MINOR CHILD v. TODD M. HECK, Defendant ORDER AND NOW, this ~hA day of NOvc.,..,k-, 1995, upon consideration of the attached comp~'herebY directed that the partiey a~d their respective counsel ap ear before .-JI,.,.," s, ,)","""~C"5i. the conciliator, at a W' Me..; '. b... " , pennsylvan , on the , day of t , 1995, at :.10 o'clock _.M. for a Pre-Hear ng 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. FOR THE COURT, By:j2.<N11 ~1~~ Custo y nc 1 a r.~ The Court of Common Pleas of cumberland county is required by law to comply with the Americans with Disabilities 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 seheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAW Ol'l'lcn SNELDAKER 8< BRENNEMAN OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ~.:: . . ~ _" ~.:.';l.2~,:r:.I..'l:".~:'--:';~;;"~-""'''';'.'P "'N-~.~""~" ..c , , ' -- .-..-.." "Q~ j 3 38 r\\ 'SS F\\.f1,' offll)!. l:f "'\11: r:\,:l pq',', ~r,"t' CUI'''''' -,",j ':~ul:n P(h"c;YLIJ:"t'!. 11-3.9.5' &d. ~~~47f~ 11.3 .9; 't1~ 114c;.:A/ ~ ~ff 1!-3'~ ~ ,"fOY/./' 'IT )) ,:;tJ'7 ;, '. .,' ,._.~-.. .~. TRACY A. SECHRIST, plaintitt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 95- t,;Lor; ~ -r;~ v. TODD M. HECK, Detendant CUSTODY OF MINOR CHILD COMPLAINT FOR CUSTODY OF MINOR CHILD AND NOW comes the plaintiff, TRACY A. SECHRIST, by her Attorneys, SNELBAKER' BRENNEMAN, P.c., and avers the following: 1. The plaintiff is Tracy A. Sechrist, an adult individual, residing at 7 South Road, Mechanicsburg, (silver Spring Township) cumberland county, Pennsylvania 17055. 2. The Defendant herein is Todd M. Heck, an adult individual, residing at 9 North Locust Street, Apartment 102, Shiremanstown, Cumberland County, Pennsylvania, 17011. 3. Plaintiff seeks custody of the following child: liAU Present Residence A!a RYAN MITCHELL SECHRIST 7 South Road Mechanicsburg, PA 1+ (D.O.B. 9/3/94) The child was born out of wedlock. The child is presently in the custody of plaintiff at her residence listed in Paragraph 1 above. LAW O"ICIl8 SNELBAKER II BRENNEMAN , . During the last five (5) years, the child resided with the following persons and at the following addresses. Persons Addresses Dates (1) plaintiff 9 North Locust st. Birth (9/3/94) to and Defendant Apartment 102 October 28, 1995 Shiremanstown, PA (2) plaintiff and 7 South Road October 28, 1995 Plaintiff'S Mechanicsburg, PA to present parents, William and Lorraine Sechrist The mother of the child is Plaintiff, Tracy A. Sechrist, currently residing at 7 South Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is single. The father of the child is Todd M. Heck, currently re.iding at 9 North Locust street, Apartment 102, Shireman&town, Cumberland County, Pennsylvania 17011. He is single. 4. The relationship of Plaintiff to the child i. that of mother. She currently resides with the following persona: liAD Relationshil) William Sechrist Lorraine sechrist Plaintiff's father plaintiff'S mother 5. The relationship of Defendant to the child i. that of father. He currently resides with the following peraona: non.. LAW O,P1C.. SNELlAKER III e"ENNEMAN -2- LAW a"lel. SNI!L8AKER III BRENNEMAN 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. Plaintiff has no information of a custody proeeeding concerning the child pending in a court ot this commonwealth, plaintiff does not know of a person not a party to the proceedings who has physical cus~ody 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 because: (a) Mother has been the primary caretaker of the child since birth; (b) Father is unable to properly care for the child; and (c) Mother will continue to provide a stable and permanent home environment for the child which Father cannot provide. 8. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none. -3- LAW D,FlCU BNKLBAKER a BftENNIMAN _~f"1;\'\!"';H~;__"-;-";_~;o__",,,,_,,,'n~,~~mtt~}':l..~~~:'rt1~#'~~'I' - WHEREFORE, plaintiff request. your Honorable court to confira and grant her custody of RYAN MITCHELL SECHRIST. SNELBA1(ER " BRENNEMAN, P.C. Date: october 30. 1995 By ~:.r. 44 W..t Main str.et Mechanicsburg, PA 17055-0318 Telephone: 717-697-8528 Attorney. for plaintiff -4- VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made aubjact to the penalties of 18 Pa. c.s. 54904 relating to unsworn falaification to authorities. L:l"'~ Q. ~~ Tracy A. See r st (Plaintiff) Dated: October 30, 1995 .,.~-P,,,,".,..,,.~.,., "", "...-".c';, TRACY A. SECHRIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-6209 CIVIL TERM TODD M. HECK, Defendant CIVIL ACTION - LAW CUSTODY OF MINOR CHILD ORDER OF COURT AND NOW, this ~ day of of Snelbaker , Brenneman, P. C., ~u.c~U.J , Attorney~or 1996, upon Motion Plaintiff, Tracy A. Sechrist, and with the concurrence of William C. Vohs, Esquire, Attorney for Defendant, Todd M. Heck, the hearing scheduled for February 15, 1996 in the above captioned action i. hereby continued generally to be the parties. I J, ....;' ... '., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY A, SECHRIST, plaintiff No. 95-6209 CIVIL TERM V. CIVIL ACTION - LAW CUSTODY OF MINOR CHILD TODD M. HECK, Defendant oaDO or COURT AND NOW, this ~ tJ,. day of r J.J LLUUH.LJ ' 1996, a hearing is scheduled in courtroom No. ~ of the cumberland county at which time the Ji!!.. day of \.../J14.1 ' 1996 at /.:.1(1 testimony in this case wil~~e taken. B;JJ l p.m. courthouse on J. ,~"'I"OX HANFT Be VORS ATTORNEYS AT LAW 11 WEST PoMPRI!:T STREET. SUITE 2 CARLISLE, PA 17013 HICHA8L J, HANFT WILLIAN C. VOHS (717) 249.5373 FAX 1'717. a4g.0457 November 26, 1996 Judge Edgar B. Bayley Cumberland County CourthouRe One Courthouse Square Carlisle, PA 17013 RE: Heck v. Sechrist No. 95-6209 Civil Term in Custody Dear Judge Bayley: The above-referenced matter was continued generally on January 4, 1996. The Father has since returned to work and the parties have been unable to agree to a custody schedule and, therefore, he is requesting a hearing. I am enclosing a proposed order to schedule this hearing, Should you have any questions or need any additional information, please do not hesitate to contact me. Very truly yours, WCV:dln Enclosure cc: Philip H. Spare, Esquire Todd M. Heck "~I-- \ :! "j' , , { , I {'. ;~, .,1 !j , .:i, ~ " ..a TRACY A. SECHRIST, . IN THE COURT OF COMMON PLEAS OF . plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-6209 CIVIL TERM TODD M. HECK, . CIVIL ACTION - LAW . Defendant CUSTODY OF MINOR CHILD ORDER AND NOW, this l'1 day of ~~ ' 1997, upon aqreement of counsel for both parties, the hearinq scheduled fo~ February 27, 1997 is hereby continued gene~ally. ,<