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HomeMy WebLinkAbout03-0910IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNY LEE THOMAS, SR., Plaintiff Vo SARA ELIZABETH BENNETT, Defendant CIVIL ACTION - LAW IN CUSTODY d;o NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgrnent may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier quej a o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 HANFT & KNIGHT, P.C. Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaimiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNY LEE THOMAS, SR., Plaintiff Vo SARA ELIZABETH BENNETT, Defendant CIVIL ACTION - LAW IN CUSTODY NO. ' q COMPLAINT FOR PRIMARY CUSTODY AND NOW, this ~'rt~'day of February, 2003 comes Plaintiff, Donny Lee Thomas, Sr., by and through his attorneys, Hanft & Knight, P.C., and files the following Complaint for Primary Custody in support thereof avers as follows: 1. The Plaintiff is Donny Lee Thomas, Sr., an adult individual residing at 501 North Morris Street, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is Sara Elizabeth Bennett, an adult individual residing at 6 Town Mills, Shippensburg, Cumberland County, Pennsylvania. The Plaintiff seeks primary custody and visitation of the following child: o Name Donny Lee Thomas, Jr. Present Residence Age 6 Town Mills 1 Shippensburg, Pennsylvania 17257 D/O/B 7/22/02 The child was born out of wedlock. The child is presently in the shared physical custody of the parties. In addition to the child's present address, during the past five years, the child has resided with either Plaintiff or Defendant at the following addresses: child's birth; b) a. From birth to present physical custody of the child has been shared by the parties with the child residing equal time with both of the parties. The mother of the child is the Defendant who resides at 6 Town Mills, Shippensburg, Pennsylvania. The father of the child is the Plaintiff who resides at 28 Town Mills, Shippensburg, Pennsylvania. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with his uncle and aunt, Larry and June Mitten. 5. The relationship of the Defendant to the child is that of mother. The Defendant currently resides alone. 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or any other court. The 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 rights with respect to the child. 7. The best interests and permanent welfare of the child will be served best by granting the relief requested because: The Plaintiff has had shared physical and legal custody of the child since the The Plaintiffprovides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) The Plaintiff is, and has always been, willing to accept custody of the child; and d) The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of the child; and e) The Plaintiff provides a more stable home environment. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant Plaintiff and Defendant shared physical and shared legal custody of Donny Lee Thomas, Jr. Respectfully submitted, H~T, P.C. Michael j.3Hanfi,: uire~1[~ Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION : I VERIFY that the Statements set forth in the attached document are true and correct to the' best of my knowledge, information and belief. I understand that false s'tatements herein are made subject to the penalties of 1 $ Pa. Section 4904 relating to uns~'om falsification to authorities. DONNY LEE THOMAS, SR. PLAINTIFF Vo SARA ELIZABETH BENNETT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-910 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 25, 2003 at 10:30 AM 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/ ]acqueline M. Verney, Esq, 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 befi)re 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 171) 13 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNY LEE THOMAS, SR., Plaintiff Vo SARA ELIZABETH BENNETT, Defendant CIVIL ACTION - LAW NO. 03-910 IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 4th day of April, 2003, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Custody filed in the above-referenced matter. The Complaint in Custody was mailed on March 25, 2003, but actual service took place on April 3, 2003, by Defendant signing for a copy of the Complaint in Custody which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Sara Elizabeth Bennett 6 Town Mills Shippensburg, Pennsylvania 17257 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HANFiI' & KNIGHT, P.C. lvfichael J. Hanft, Esq~re v Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 F:\User Folder~Firm Docs\Gendocs2002k2815-l.cert .... wpd Attomeys for Plaintiff · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: O'-T'o on M; 2.~io1~ 7002 0860 0000 1076 1756 (T~n$; PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035 i Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNY LEE THOMAS, SR., Plaintiff Vo SARA ELIZABETH BENNETT, Defendant CIVIL ACTION - LAW IN CUSTODY NO. 03-910 CIVIL TERM ANSWER TO COMPLAINT FOR PRIMARY CUSTODY AND NOW, this 24th day of April, 2003 comes the Defendant, Sara Elizabeth Bennett, by and through her attorneys, Weigle & Associates, P.C., and files the following Answer to Complaint for Primary Custody as follows: 1. Admitted 2. Admitted 3. Admitted in part and denied in part. The name, address, and date of birth of the minor involved in this custody litigation is admitted. It is also admitted that the child was bom out of wedlock. It is denied that the present custody arrangement is a shared physical custody arrangement in the common meaning of the term. By way of further answer, the Plaintiff exercises periods of partial custody two or three nights a week at present. a. Denied as stated. Plaintiff has enjoyed periods of partial custody when the child reached the age of three months to present and not from birth to three months. By way of further answer, the child has not resided for equal periods of time with both of the parties hereto and strict proof to the contrary is demanded at trial, by way of further answer, the father of the child does not reside at 28 Town Mills, Shippensburg, Pennsylvania, but rather resides .at 501 North Morris Street, Shippensburg, Pennsylvania, in the home of his aunt and uncle Larry and June Mitten. 4. Admitted 5. Admitted WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 E~ST KING STREET -- SHIPPENSBURG, PA 17257-1397 6. Admitted 7. Denied. By way of further answer the best interest and permanent welfare of the child will be served by the parties exercising shared legal custody with primary residential custody continuing to be exercised by the Defendant and with periods of partial custody with the Plaintiff for the following reasons: a. The Defendant has been the primary caregiver since birth. b. The Defendant has been the primary provider of emotional support and care giving since birth. c. The Plaintiff lacks the emotional maturity and present physical surroundings to adequately take care of a nine month old child. d. Plaintiff's present job and hours of employment are not conducive for caring for a nine month old child as a primary care giver. 8. Admitted WHEREFORE, Defendant respectfully requests Your Honorable Court deny Plaintiff's request for primary residential custody and to grant Defendant's request for primary residential custody of the minor child. Respectfully submitted, WEIGLE & ASSOCIATES, J.~tfy A. Weigl~, Esquire ~ttomey for Defendant Shippensburg, PA 17557 717-532-7388 WEIGLE & ASSOCIATES, P-C.-- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBUFtG.PA 17257-1397 VERIFICATION I verify that the 'statements made in the foregoing Answer to Complaint for Primary Custody are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unsworn falsification to authorities. Dated: WEIGLE & ASSOCIATES, P.C.I ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 APR 2 8 ZOO3 c~ DONNY LEE THOMAS, SR., Plaintiff SARA ELIZABETH BENNETT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-910 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT 0~5~.. ~ 2003, upon AND NOW, this day of . , consideration of the attached Custody Conciliation Keport, it is ordered and directed as follows: 1. The Father, Donny Lee Thomas, Sr. and the Mother, Sara Elizabeth Bennett, shall have shared legal custody of Donny Lee Thomas, Jr., born July 22, 2002. 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. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as follows: A. Every Monday and Thursday from 6:00 p.m. to Tuesday at 8:00 a.m. Every Saturday from 3:00 p.m. to Sunday at 10:00 a.m. B. Such other times as the parties agree. 4. Mother shall have physical custody of the child on Mother's Day, Father shall have physical custody of the child on Father's Day, at times agreed by the parties. 5. The Christmas holiday shall be shared as agreed by the parties at least 30 days prior to the holiday. 6. The parties shall alternate Thanksgiving at times agreed by the parties. Father shall have physical custody of the child for Thanksgiving, 2003. 7. Each party shall have a block of time with the child on the child's birthday. 8. Each party shall be entitled to one uninterrupted week during the year with the child provided 30 days prior notice is given to the other party. 9. In the event either party is in need of babysitting for the child for more than three (3) hours, they shall contact the other party within a reasonable time and offer the time to the other parent. 10. Transportation shall be shared as agreed by the parties. 11. This Order is entered pursuant to an agreement of the parties at 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. Either party may contact the Conciliator to schedule another Conciliation Conference. cc' ~,~i~ael J. Hanfi, Esquire, Counsel for Father ,Jerrry A. Weigle, Esquire, Counsel for Mother DONNY LEE THOMAS, SR., Plaintiff V. SARA ELIZABETH BENNETT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-910 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: None 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 Donny Lee Thomas, Jr. DATE OF BIRTH July 22, 2002 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on April 28, 2003, with the following individuals in attendance: The Father, Donny Lee Thomas, Sr., with his counsel, Michael J. Hanft, Esquire, and the Mother, Sara Elizabeth Bennett, with her counsel, Jerry A. Weigle, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date J~quSfine M. Verney, Esquire 67 Custody Conciliator