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HomeMy WebLinkAbout07-0611Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 JENNIFER L. RICHARDSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. b7.G1t l T TIMOTHY P. McCARTY, CIVIL ACTION - LAW Defendant CUSTODY ACTION CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Jennifer L. Richardson residing at 306 North 2nd Street, Wormleysburg, Cumberland County, Pennsylvania. 2. The Defendant is Timothy P. McCarty residing at 225 State Street (upstairs), West Fairview, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks joint legal custody and primary physical custody of the following children: NAME PRESENT RESIDENCE DOB Joseph Tyler McCarty 306 N. 2nd Street 04/03/98 Wormleysburg, PA Rebecca Ann McCarty 306 N. 2nd Street 11/03/00 Wormleysburg, PA The Rebecca was born of the marriage and Joseph was adopted by Timothy McCarty during the marriage. The children are presently in the physical custody of Jennifer L. Richardson who resides at 306 N. 2nd Street, Wormleysburg, Cumberland County, Pennsylvania. The children have resided with the following persons and at the following addresses: Person Address Date Mother 306 N. 2nd Street 09/04 - present Wormleysburg, PA Mother & Father 217 Clay Street 09/03 - 09/04 West Fairview, PA Mother & Father 210 N. Front Street 2002 - 09/03 Wormleysburg, PA Mother & Father 4150 Valley Road 2000 - 2002 Enola, PA The mother of the children is Jennifer L. Richardson who resides at 306 N. 2nd Street, Wormleysburg, Pennsylvania 17043. She is not married. The father of the children is Timothy P. McCarty who resides at 225 State Street (upstairs), West Fairview, Pennsylvania 17025. He is not married. 4. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: Name Relationship Richard Stewart Fiance Joseph T. McCarty Son Rebecca A. McCarty Daughter Briana L. Stewart Daughter 5. The relationship of Defendant to the children is that of father. The Defendant is currently residing with Bob, roommate. 2 6. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 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. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff provides proper care for her children. B. Plaintiff provides a loving home for her children. C. Plaintiff has been the primary caretaker of the children. D. Mother will better foster a relationship between Father and the children. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant her joint legal custody and primary physical custody of her children, subject to defendant's right to periods of partial custody or visitation. Respectfully submitted, l/t?r?s-D . A Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 3 N, VERIFICATION I, JENNIFER L. RICHARDSON, hereby certify that the foregoing CUSTODY COMPLAINT is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: J P NIFER L. RICHARDSON laintiff 4 t- E.fr V JENNIFER L. RICHARDSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-611 CIVIL ACTION LAW TIMOTHY P. MCCARTY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 06, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 09, 2007 at 1:00 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 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/ John . Man an r. Es g- 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 HAVE 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 log WJ4 1 1 •01 V L`" 93J L Z SEP 10 2007 JENNIFER L. RICHARDSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-611 Civil Term TIMOTHY P. MCCARTY Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, his 1h `? day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Mother, 'Jennifer Richardson, and the Father, Timothy McCarty, shall share legal custody of the Children, Joseph Tyler McCarty 4/03/98 and Rebecca Ann McCarty 11103/00. The parties shall have an equal right to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have. partial physical custody of the Children every Sunday from 8:60 am until 4:00 pm at the paternal grandparents' residence with additional custodial time as the parties may mutually agree. 4. The Mother :shall provide all transportation. 5. During:any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of iptoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 6. All major Holidays with the Children shall be alternated between the parents with Father having Thanksgiving in 2007. Birthdays with the Children shall be arranged as mutually agreed upon. Father shall have Easter dinner with the Children. In all odd years, Mother shall have custody of the Children during the day of 12/24`and.the evening with father. Christmas day Mother shall have the r Children until 12:00 pm and the Father shall have custody from 12:00 pm until 6:00 pm. The Christmas schedule shall be reversed in even years. 7. Telephone Contact:. Telephone contact between the Children and the non- custodial parent shall be reasonable and liberal as agreed upon between the parties. In the absence of agreement, the non-custodial parent shall contact the Children at 830 pm. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. The parties shall refrain from making derogatory comments about the other party in the presence of the Children, and to the extent possible, shall prevent third parties from making such comments in the presence of the Children. 10. This Order is entered pursuant to 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 OURT, Cc: Thomas Gould, Esquire John J. Mangan, Esquire Timothy McCarty, 225 State Street, West Fairview, PA 17025 Q/! d 7 t?tN?A?N MWOO so 12 wa I i 43S List Awivar 4C) Y JENNIFER L. RICHARDSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-611 Civil Term TIMOTHY' P. MCCARTY Defendant : ACTION IN CUSTODY CONCILIATION CONFERENCE 3UNi14I"Y REPO IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Joseph Tyler McCarty 4/03/98 Mother Rebecca Ann McCarty 11/03/00 Mother 2. A Conciliation Conference was held on March 9, 2007 with the following individuals in attendance: The Father, Timothy McCarty The Mother, Jennifer Richardson, with her counsel, Thomas Gould, Esquire. 3. The parties agreed.to the entry of an Order in the form as attached. Date: September 8, 2007 - John J /"an, Esquire Custody Conciliator