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HomeMy WebLinkAbout02-5860LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 LLOYD E. BAILEY, Plaintiff V. MINDY K. CRUM, Defendant Counsel for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 CIVIL ACTION - LAW CUSTODY Shykaila Boutte COMPI,AINT FOR CU,qTODV AND NOW, comes the Plaintiff, LLOYD E. BAILEY, by and through L aw Offices o f Peter J. Russo, P.C., and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1. The Plaintiff is LLOYD E. BAILEY, residing at last known address of 1941 Maplewood Avenue, Carlisle, Pennsylvania 17013. 2. The Defendant is MINDY K. CRUM, residing at 8 Wilbur Drive, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Pre~nt Re~id~nee DOR 1941 Maplewood Avenue Apr. 3, 1998 Carlisle, PA 17013 Shykaila Boutte was bom out of wedlock. 5. The child is presently in the custody of Plaintiff, who resides at, 1941 Maplewood Avenue, Carlisle, Pennsylvania 17013. 6. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Duration Defendant Shippensburg Dec. 2001 - 2002 Defendant Mount Holly Springs 2002 Defendant Carlisle until Nov. 29, 2002 Defendant P.O. Box 244 Millsboro, DE 19966 Nov. 29 - Dec. 6, 2002 The mother of the child is Defendant, currently residing at a last known address of P.O. Box 244, Millsboro, Delaware 19966. The mother is single. 8. The father of the child is Plaintiff, currently residing at 1941 Maplewood Avenue, Carlisle, Pennsylvania 17013. The father is married. 9. The relationship o f plaintiff to the child is that of father. The plaintiff currently resides with the following persons: Name Relationship Kim Bailey Wife Mishawna Johnson Bailey Daughter Peggy Grimes Daughter Atelvage Bailey Daughter Sharif-Omar Erick Washington Son 10. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Tonya Wise Sister 11. There are not any existing Orders of Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. 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 fights with respect to the child. 14. The best interest and permanent welfare of the child will be served by placing legal and primary physical custody of the child with Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court to order that pr/mary physical and legal custody of the subject minor child be placed with Plaintiff. By: Respectfully submitted, Law Offices of Peter J. Russo, P.C. Attorney for Plaintiff Date: LLOYD E. BAILEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MINDY K. CRUM, Defendant v. : NO. 2002- CIVIL ACTION - LAW CUSTODY VERIFICATION I, Lloyd E. Bailey, hereby swear and affirm that the facts in the forgoing Complaint for Custody are true and correct to the best of my knowledge, information, and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: '~5~ E. Bailey LLOYD E. BAILEY PLAINTIFF MINDY K. CRUM DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUrNTY, PENNSYLVANIA 02-5860 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, December 16, 2002 _, 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 11:00 AM at 301 Market Street, Lemoyne, PA 17043 on Tuesday, January 21, 2003 .... 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/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is reqmred by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilitites 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 2 Liberty Avenue Carlisle, Pennsylvania ].7013 Telephone (717) 249-3166 LLOYD E. BAILEY, Plaintiff Vo MINDY K. CRUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5860 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of December, 2002, this matter having been called on a petition by Lloyd E. Bailey, father of Shykaila Boutte, born April 30, 1998, for emergency relief, IT IS ORDERED that the father shall have temporary physical custody of Shykaila pending further order of court following a conciliation conference, and that the child shall not be removed from the State of Pennsylvania pending such order, and the mother shall have such periods of temporary physical custody prior to such order as may be ag,~/~o by By tbe~ ~r/~/ Edgar B. Bayl~y, J. /Scott A. Stein, Esquire For Plaintiff 19966 Mindy K. Crum c/o Tanya Wise P.O. Box 244 Millsboro, DE Sheriff prs the father. LLOYD E. BAILEY, MINDY K. CRUM, Plaintiff Defendant MAR 0 4 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5860 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 6'0 day of March, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Lloyd E. Bailey and Mindy K. Crum, shall have shared legal custody of the minor child, Shykaila Boutte, born on April 3, 1998. 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 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. Physical Custody. The parties shall have shared physical custody which shall be arranged as follows: A. To commence on February 11, 2003 the parties shall have a shared physical custody scheduled arranged on a week-on week-off basis. Father's first custodial week on this schedule shall be from February 11, 2003 through February 18, 2003. Mother's first week on the alternating schedule shall be from February 18, 2003 through February 25, 2003. B. Each parent shall be flexible to arrange at a minimum one (1) day in the other parent's custodial week to arrange for the non-custodial parent to have custody. For the purposes of this paragraph, a day shall be defined as the period from 8:00 a.m. to 8:00 p.m. This time may be expanded by the parties upon their mutual agreement. 3. Summer. The parties shall continue their week-on week-off custodial arrangement during the child's recess from school. The custodial exchange day shall continue to be Tuesdays and exchanges shall occur at 8:00 a.m. NO. 02-5860 CIVIL TERM 4. Holidays. The following holiday schedule shall supersede the regular schedule. A. Christmas. Christmas shall be divided into two (2) segments. Segment A shall be from December 24th at 2:00 p.m. until December 25th at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 26th at 2:00 p.m. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. In even-numbered years, Father shall Segment A and Mother shall have Segment B. B. Thanks.qivin_a. Thanksgiving shall be divided into two (2) segments. Segment A shall be from 8:00 a.m. to 2:00 p.m. on Thanksgiving Day. Segment B shall be from 2:00 p.m. until 8:00 p.m. on Thanksgiving Day. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Easter. Easter shall be divided into two (2) segments. Segment A shall be from 8:00 a.m. to 2:00 p.m. on Easter Sunday Segment B shall be from 2:00 p.m. to 8:00 p.m. on Easter Sunday. Mother shall always have Segment A. Father shall always have Segment B. D. Mother's Day / Father's Day. Mother shall have custody of the child on Mother's Day. Father shall have custody of the child on Father's Day. The custodial period for these holidays shall be from 8:00 a.m. to 8:00 p.m. E. Memorial Day, Independence Day and Labor Day. Memorial Day and Labor Day shall be defined to be the holiday period from Friday through Monday. Father shall always have custody for Memorial Day weekend. Mother shall always have custody for Labor Day weekend. Mother shall have custody for a weekend immediately preceding or immediately following the Independence holiday for a traditional family trip to Ocean City with her family. Mother shall notify Father by June 15th each year of which weekend she will select for this holiday. NO. 02-5860 CIVIL TERM 5. Child's Birthday. Mother shall have custody either the weekend before or the weekend after the child's birthday. Mother will notify Father of which weekend Mother has selected by April 1st of each year. In the event that Mother's chosen birthday weekend or Independence Day weekend falls on Father's weekend, Father shall be entitled to compensatory time from Mother. fourteen vacation. Summer Vacation. Both parents may have custody for a period of up to (14) continuous days during the summer school recess, for the purposes of 7. Transportation. Transportation incident to the custodial changes shall be provided by Father, unless otherwise agreed. 8. This Order is temporary in nature. The parties recognize that there may be modifications to this schedule that could become necessary due to changes in work schedules on the part of either party. Dist: Peter J. Russo, Esquire, 3800 Market Street, Camp Hill, PA 17011 Joan Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 . LLOYD E. BAILEY, MINDY K. CRUM, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5860 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 Shykaila Boutte April 3, 1998 Father and Mother 2. Father filed a Complaint for Custody on or about December 9, 2002. Contemporaneously, he filed a Petition for Emergency Relief. A hearing was scheduled and held on December 19, 2002. The Order resulting from that hearing grants Father temporary physical custody of the child and orders that the child remain in Pennsylvania with periods of temporary custody for Mother as aqreed to by the Father. Following the December 19, 2002 hearing, the matter was referred'for a Custody Conciliation Conference. The Custody Conciliation Conference was held on January 21, 2003 with the following individuals in attendance: the Father, Lloyd E. Bailey, and his counsel, Scott A. Stein, Esquire and Peter Russo, Esquire; the Mother, Mindy K. Crum, and her counsel, Joan Carey, Esquire. Subsequent to the conclusion of the January 21, 2003 Conference, counsel for Mother informed the Conciliator that her client would be returning to the Carlisle area. She then requested to reconvene the Conciliation Conference to work out a new custodial plan based on Mother's relocation to Carlisle. A Conference was scheduled and held on February 13, 2003. This Conference was attended by the parties and their counsel as identified above. 3. The parties reached an agreement in the form o~r-O~er as attached. I~ate ~- M ~ssa Peel Greevy, Esquire Custody Conciliator :200286v2