HomeMy WebLinkAbout98-03527
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4. Since Plaintiff filed this action, Defendant has moved from the family residence in
Mechanicsburg and relocated herself and the minor child, Taylor Michael Crabtree, to her
parents' home in Etowah, North Carolina. As a result of that move, Plaintiff has not seen his
son since 14 August 1998. Defendant has traveled back to Cumberland County on at least
one occasion since then and has refused to bring the child with her.
5. Plaintiff believes that, without the intervention of this Court and the entry of a
formal order, Defendant will not make the child available to Plaintiff for contact with him.
6. Plaintiff has been grieVOUSly injured and upset by Defendant's actions in removing
the child from Plaintiff's home, from the presence of and contact with Plaintiff's other
children, and from Cumberland County and the Commonwealth of Pennsylvania entirely.
7. This matter is of great concern because, due to the age of the child, Plaintiff fears
that the child will lose the bonding with Plaintiff which had occurred prior to Defendant's
actions. Plaintiff believes that waiting until late September for a conciliation conference, at
which time Plaintiff does not believe Defendant will agree to the entry of an order giving
Plaintiff reasonable access to or contact with the child, will do irreparable harm to his
relationship with the child.
8. Defendant is not employed, has no obligations outside of those to the parties'
child, and has no reason for not bringing the child back to Pennsylvania for purposes of
contact between Plaintiff and the child.
WHEREFORE, Plaintiff prays this Court to enter an order awarding him primary
physical custody of the minor child, here in the Commonwealth of Pennsylvania, pending a
2
RHODOM E. CRABTREE, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION. LAW
) NO. ~'~. 3,5';;n C~
CYNTHIA B. CRABTREE, )
Defendant ) IN CUSTODY
ORDER OF' COURT
AND NOW, this ~ day of ,}... X'\~ 1998, upon consideration
of the attached Complaint, it is hereby directed that the parties and their respective
counsel appear before ~0 ~.'-\. l\rb4-, Esquire, the conciliator, at
?,c) '^ \. N-:>,C\ ,'>\c, } ~~" '~X-,,\ _ P,"",yl,,""_ 0" li~*,^+ th,
\ \ day of f\.. Jj'-.J,':::?:r , 19'98, at .Ql~. ao o'clock n .m., 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. Either party may bring the
child who is the subject of this custody action to the conference, but the children's
attendance is not mandatory. Failure to appear at the conference may provide grounds
for entry of a temporary or permanent order.
FOR THE COURT,
By ~~\)f\ ,,^, J:...w:v'\rl() I I. ~.
Custody Conciliator~C\):),\
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249.3166
RHODOM E. CRABTREE,
Plaintiff
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. qf- 3)-~77 e~..;.j
IN CUSTODY
vs.
CYNTHIA B. CRABTREE,
Defendant
COMPLAINT FOR CUSTODY
AND NOW comes the Plaintiff, Rhodom E. Crabtree, by his attorney, Samuel L.
Andes, and makes the following Complaint for Custody:
1. The Plaintiff is Rhodom E, Crabtree, an adult individual who resides at 3806
Dorset Drive in Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is Cynthia B. Crabtree, an adult individual who resides at 3806
Dorset Drive in Mechanicsburg, Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant are husband and wife, having been married on 1
September 1996 in Lexi ngton, Kentucky.
4. The Plaintiff and Defendant are the natural parents of one minor child, Taylor
Michael Crabtree, age eight months, born 1 October 1997.
5. Plaintiff seeks custody of the minor child, Taylor Michael Crabtree, age eight
months, born 1 October 1997.
6. The child was not born out of wedlock and is presently in the joint custody of the
Plaintiff and Defendant.
7. During the past five years, the minor child has resided with the fOllowing persons
at the following addresses:
'~.
,
'.
8 October 1997 to early
November 1997
Lexington, Kentucky
With both Plaintiff
and Defendant
November 1997 to the
present
Mechanicsburg, PA
With both Plaintiff
and Defendant
The following people reside at the Plaintiff's household; the Defendant, Cynthia Berkley
Crabtree, the minor child, Taylor Michael Crabtree and Plaintiff's two minor children,
Kelsey Anne Crabtree and Thomas Morgan Crabtree.
8. The father of the child is the Plaintiff who resides at the address set out above
and whom is also the father of two other minor children who reside with the parties,
Kelsey Anne Crabtree, age 8, born 11 October 1989 and Thomas Morgan Crabtree, age 4,
born 23 July 1993. Both of those children are close to and have bonded with the parties'
child, Taylor Michael Crabtree. He is married to the Defendant.
9. The mother of the child is the Defendant who resides at the address set out
above. She is married to the Plaintiff.
10, The Plaintiff is the natural father of the child. Plaintiff currently resides with the
Plaintiff at the above address.
11. The Defendant is the natural mother of the child. Defendant currently resides
with the Plaintiff at the address above.
12. The Plaintiff has not participated as a party or in any other way in any litigation
concerning the custody of the child in this or any other court.
The Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this or any other jurisdiction.
Plaintiff knows of no other person not a party to this action already who has
physical custody of or claims to have custody or visitation rights with the said child.
13. Defendant has advised Plaintiff that she will be moving to Lexington, Kentucky
in August or September of 1998 and that she will take with her, at that time, the parties'
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minor child. Despite Plaintiff's requests, Defendant has refused to change her plans to
relocate to Kentucky and take tile minor cilild with her.
14. Plaintiff seeks an order awarding him primary pilysical custody of tile minor
child so that tile minor child can reside witil him in Pennsylvania when the Defendant
moves to Kentucky. Plaintiff believes sucil an award will be in tile best interest of the
minor for the following reasons:
A.) Tile minor child ilas no family or connections to Lexington,
Kentucky;
S.) The Defendant has no employment, home, or other connection to
Lexington, Kentucky; and
C.) The Defendant's relocation to Lexington, Kentucky will not benefit
the cilild in any way; and
D,) The minor child ilad extensive family connections in central
Pennsylvania; and
E.) The minor cilild silould not be separated from ilis father and his
two siblings and tile Plaintiff believes tilat sucil a separation will be
COMMONWEALTH OF PENNSYLVANIA )
) SS.:
COUNTY OF CUMBERLAND )
Rhodom E. Crabtree, being duly sworn according to law, deposes and says that the
facts set forth in the foregoing document are true and correct to the best of his
knowledge, information, and belief.
/-, ~
,/ . (7(/'_
.?t:~~C( ([?d ,L.
Rhodom E. Crabtree .
Sworn to and subscribed
before me this j'lT" day
of q..U'1..L , 1998.
Mi \.IYJ. '-f2D..JLjLe.~
Notary ublic.
-....
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RHOOOM E. CRABTREE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 98-3527 CIVIL
CIVIL ACTION - LAW
CYNTHIA B. CRABTREE,
Defendant
IN CUSTODY
ORDER OF CXlURT
AND 101, this 2 4 day of \}~ ~
consideration of the attached Custody Conciliation Report,
and directed as follows:
, 1998, upon
it is ordered
1. The Father, Rhodom E. Crabtree, and the Mother, Cynthia B.
Crabtree, shall have shared legal custody of Taylor Michael Crabtree, born
October 1, 1997. 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 his health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child in
accordance with the following schedule:
A. The Father shall have custody of the Child from the time of
the Conciliation Conference through Sunday, September 27, 1998
when the parties shall exchange custody of the Child at 2:00
p.m. at a halfway point between the Mother's residence in
North Carolina and the Father's residence in Mechanicsburg.
The parties agree that the midway point of exchange shall be
exit 150A off Route 81 in Virginia at the Cracker Barrel
Restaurant.
B. The Father shall have custody of the Child from Saturday,
October 31, 1998 through Sunday, November 8, 1998. If the
Mother is not working at the times for exchange of custody,
the Mother shall transport the Child to the Father's residence
for this period of custody at the time of her arrival on
Friday evening, October 30, 1998 and from the Father's
residence on Sunday, November 8, 1998 at 8:00 a.m. If the
Mother is working at the time of the exchanges, the parties
shall exchange custody at the Cracker Barrel Restaurant at
exit 150A off Route 81 in Virginia at 2:00 p.m. on both
October 31, 1998 and November 8, 1998.
C. The Father shall have custody of the Child from Saturday,
December 19, 1998 through Wednesday, December 30, 1998 whether
the Father continues to reside in Pennsylvania or has
relocated to Lexington. If the Mother is not working at the
times for exchanges of custody, the Mother shall transport the
r
Child to the Father's residence at the time of her arrival on
Friday evening, December 18, 1998, and the Father shall return
custody of the Child to the Mother at 2:00 p.m. on December
30, 1998 at the midway point. In the event the Mother is
working at the time of transfer of custody to the Father, the
parties shall exchange custody at the midway point previously
specified on December 19, 1998 at 2:00 p.m. In the event the
Mother is working at the time of the return exchange of
custody, the Father shall transport the Child to the Mother's
residence on December 30, 1998.
D. Thereafter, until the Father moves to Lexington, the Father
shall have custody of the Child for a one-week period from
Saturday to Saturday every fourth week. The Mother shall
continue to transport the Child to the Father's residence when
she is not working and when she is working the parties shall
exchange custody at 2:00 p.m. at the midway point. The return
exchanges of custody shall take place at 2:00 p.m. at the
midway point.
E. When the Father has relocated to Lexington, the Father shall
have custody of the Child during every other week from midweek
through Sunday. The Father's periods of custody shall begin
on Tuesday or Wednesday on an alternating basis, but shall
always end on Sunday. The place for exchange of custody under
this paragraph shall be the midway point in Knoxville selected
by agreement of the parties.
F. On every occasion that the Mother travels to the Father's
residence in Pennsylvania for exchanges of custody under this
Order, the Father shall be responsible to provide
accommodations for the Mother on the night preceding the
exchange (or the night of the exchange when the Mother arrives
on the Friday evening at the beginning of the period of
custody) at a moderately priced hotel in the
MechanicsburgjCarlisle area.
4. In 1999 and thereafter, the parties shall share or alternate
having custody of the Child on holidays as arranged by agreement of the
parties.
5. This Order is
Conciliation Conference.
Order by mutual consent.
this Order shall control.
entered pursuant to an agreement at a Custody
The parties may modify the provisions of this
In the absence of mutual consent, the terms of
.
BY THE COURT{ /
, /
(,~~
J.
~~..t qj.~.S/9t,
~,~
cc: Samuel L. Andes, Esquire - Counsel for Father
John J. Connelly, Jr., Esquire - Counsel for Mot
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RflOOOM E. CRABTREE,
Plaintiff
vs.
IN TflE COUR1' OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
C~rflIA B. CRABTREE,
Defendant
NO. 98-3527 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PRIOO JUIJGE: Edgar B. Bayley
CUSTODY COOCILIATIOO SUMl1ARY REPoRT
IN ACCXlRDJINCE WITH CUMBERLAND CXlUNTY RULE OF CIVIL PROCEIlURE
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:
~
DATE OF BIRTH
ClJRRFNrr.y IN CUSTODy OF
Taylor MiChael Crabtree
October 1, 1997
Mother
2. A Conciliation Conference was held on September 22, 1998, with the
following individuals in attendance: The Father, Rhodem E. Crabtree, with
his counsel, Samuel L. Andes, Esquire, and the Mother, Cynthia B. Crabtree,
with her counsel, John J. Connelly, Jr., Esquire.
3.
The parties agreed to entry of an Order in the form as attached.
ik,---dd cI~7
Dawn S. Sunday, Esquire
CUstody Conciliator
G 1~J-crnhA d~, If'ld'
D~te