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HomeMy WebLinkAbout03-1502Christopher W. Reed, Plaintiff Melissa A. Conrad, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-/_~-~- CIVIL TERM · CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Christopher W. Reed, an adult individual whose residence is at 440 Fairground Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Melissa A. Conrad, an adult individual whose residence is at 31 East Main Street, Plainfield, Cumberland County, Pennsylvania and whose mailing address is P. O. Box 42, Plainfield, PA 17081. 3. Plaintiff seeks temporary custody of his child, Christopher Michael Reed, born July 3, 1999, currently residing at 31 East Main Street, Plainfield, Cumberland County, PA 17081. 4. The child is presently in the custody of Defendant. 5. Since the child's births, the child has resided at the following addresses: Name Address Dates Christopher VV. Reed & I Dranoel Drive, Carlisle, PA July 3, 1999 to Melissa Conrad 17013 February 27, 2003 Melissa Conrad 31 East Main Street, Plainfield, PA February 27, 2003 17081 to Present 6. The relationship of the Plaintiff to the child is that of natural father. 7. The relationship of the Defendant to the child is that of natural mother. 8· The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. Plaintiff requests the following custody arrangement: a. Plaintiff and Defendant shall have shared legal custody of the child. b. Defendant shall have primary physical custody of the child, subject to the following periods of temporary custody with the Plaintiff: 1. Every weekend from 4:00 PM Friday evening until 4:00 PM Sunday evening. 2. During the summer school vacation, the parties shall alternate custody of the child from 4:00 PM Sunday until 4:00 PM the next Sunday. The mother shall have the first week after school has terminated and said arrangement shall continue until the week before school reopens. 11. 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. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to schedule a Custody Conciliation and enter an Order reflecting the above proposed custody arrangement. Respectfully Submitted TURO LAW OFFICES -2R~ ~eortutJi.; -p i1~1 ,~g;t E s q u i r~'- Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date Christopher W. Reed CHRISTOPHER W. REED PLAINTIFF MELISSA A. CONRAD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1502 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 08, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. GilrOy, Esq. , the conciliator, at 4th Floor, O_~mherland County Courthouse, Carlisle on Friday, May 02, 2003 at 8:30 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 fi'om Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT~ By: /s/ Hubert X. Gilroy, 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 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 ONCEi 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 MAY 0 5 2003 CHRISTOPHER REED, Plaintiff MELISSA CONRAD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 - 1502 CIVIL ACTION - LAW : IN CUSTODY COURT ORDER AND NOW, this ~/4 ~ day of April, 2003, the conciliator being advised that one of the parties in the above matter is deceased and one of the parties is incarcerated, the hearing scheduled for May 2, 2003 is cancelled. The conciliator relinquishes jurisdiction. BY THE COURT, Custody Conciliator CHRISTOPHER W. REED, Plaintiff/Respondent V. MELISSA A. CONRAD, Defendant/Respondent V. MARY JANE KANTZ, Petitioner · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1502 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. § 1915.13 AND NOW, comes Petitioner, Mary Jane Kantz, by and through her counsel, Bradley L. Griffie, Esquire, and Petitions the Court as follows: Your Petitioner is an adult individual currently residing at 31 East Main Street, Plainfield, Cumberland County, Pennsylvania. Your Respondent, Christopher W. Reed, was the, Plaintiff in the above-captioned action and is currently incarcerated in the Cumberland County Prison for reasons hereinafter set forth. o Your Respondent, Melissa A. Conrad, is deceased having been murdered at the hands of Christopher W. Reed. Petitioner is the maternal grandmother of the child, Christopher Michael Reed bom July 3, 1999, (hereinafter referred to as the "Child"). o The natural mother of the child was Melissa A. Cora'ad, deceased, who was murdered at the hands of the child's natural father hereinafter named, a copy of the death certificate is attached hereto and incorporated herein by reference as Exhibit "A." Melissa A. Conrad passed away on April 14, 2003, as a result of injuries she received at the hands of the child's natural father. The child's natural father is Christopher W. Reed an adult individual who is currently incarcerated for various charges and pending transfer to the Commonwealth of Pennsylvania where homicide charges will be filed against him relative to the death of the child's natural mother. o Melissa A. Conrad (hereinafter referred to as the "decedent") is also the natural mother of Kayla Made Conrad, bom July 7, 1995. Your Petitioner herein has primary physical and legal custody of the child, Kayla Made Conrad, pursuant to Order of Court dated December 1, 1998, a copy of said Order as well as the Stipulation which requested the entry of the Order is attached hereto and incorporated herein by reference as Exhibit "B." 10. The child has been in the custody of Petitioner since the death of decedent. 11. Other than the two children named herein, decedent ,:lid not have other children. 12. As Petitioner had custody of the child's half-sister, and as the child has previously been residing with Petitioner and continues to reside with Petitioner, it is in the best interest and permanent welfare of the child to have an Order Petitioner with primary physical and legal custody of the child. entered providing 13. Petitioner does not know any other parties who have not been named in these proceedings who has or claims to have any rights to visitation or custody with respect to the child. 14. Petitioner is now aware of any other proceedings of any nature relative to custody of the child. 15. The child has resided for his entire life in Cumberland County, Pennsylvania, at various addresses with the decedent since the time of his birth. 16. As indicated, the natural mother of the child is deceased and the natural father of the child is incarcerated; thus, neither natural parent is; available to take custody of the child. WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing her with primary physical and legal custody of the child pending ~rther Order of Court. Respectfully submitted, ~~Esqiff/p;i:t~.oner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. MARY J&NE I~'I~Z, Plaintiff/~gt~]°~) i"his is to certify that the information here given is cou-cctty .copict} i:}'on~ an origiual ccrtificat~ ,~f death duly filed with me as [.(,cai Registrar. The original certificate will be forwarded t(, tt~c: 5it, re \/ilal Lecc rd,, ()t:ficc fb~ p,:rmar~e,t filiug. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 P 9191091 No. l.ocal kcg~stra~ APR 1 7 2003 Date. IANENT Melissa A Conrad COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH (Coroner) STATE FILE NUMBER Female 188 - 62 - 9697 DATE OF DEATH (MOnth, Day, I" April 14, 2003 ~d.te AGE Il. Iai Birlll~l~) UNDER 1 YEAR UNDER 1 DAY OATE OF BIRTH BIRTHPLACE {C.~y ami 26 v~,. 1976 Cumberland West Pennsboro 31 East Main Street Cashier Stopping v., [] R, ~ 12~;) 31 East Main Street ,E,mE<~ Plainfield, PA 17081 ~.~ Cumberland Michael E. Conrad, Sr. J. (Young) Kantz Do.ilkm[] CXher {Specify) []1,,,. 4/18/2003 A. April 14, 2003 Multiple Cutting and Stabbing Wounds West Peunsboro Mary J. Young 31 East l~J.n Str~t; Plaqnfield, PA 17081 {2~st H~riskurg ~Cr~ ~}21d' ~is~g, PA' 17109 }~ing Bm~ers ~eral H~, ~rlisle, PA 17013 ,. ~ ~ ~l . ' ' t~. . Cut and stabbed by ~ ;_ _ . ~1~.-.,~ Ho~ I,J.Main Street, Plainfield, PA ................................. ~ ~,. ~~~ ~ ~oroner *"~~'~'~"m~'~"'~'~"~')'~--"---~ ......................... ~-~, =,,. April 16, 2003 EXHIBIT ~tn27)TypeorPrlflt Michael L. Norris, Coroner 6375 Basehore Road, 5~uite ,. Mechanicsburg, Pa. 17050 MARY JANE KANTZ, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-PENNSYLVANIA MELISSA CONRAD and SCOTT RAUDABAUGH Defendant :CIVIL ACTION~CUSTODY ORDER OF COURT AND NOW, this k[ day of /~ eP~fLW[Lt>~ , 1.998 upon presentation and consideration of the within Custody Stipulation and Agreeme, nt it is hereby ORDERED and DIRECTED that the aforementioned Stipulation and Agreement is made an Order of Court and all prior orders in this case relative to custody are hereby vacated. BY THE COURT, Bradley L. Griffie, Esquire Attorney for Plaintiff Melissa Conrad, pro se Scott Raudabaugh, pro se MARY JANE KANTZ, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-PENNSYLVANIA MELISSA CON1La~ and SCOTT RAUDABAUGH Defendant :CIVIL ACTION-CUS'rODY CUSTODY STIPULATION AND AGREEMENT THIS ST~ULATION AND AGREEMENT entered into the day hereinafter written by and between MARY JANE KANTZ (hereinafter referred to as "Grandmother") and MELISSA CONRAD (hereinafter referred to as "Mother"), and SCOTT RAUDABAUGH (hereinaf[er referred to as "Father"). WHEREAS, Mother and Father are the natural parem:s of the child Kayla Marie Conrad, bom July 7, 1995 (hereinat~er referred to as "Child"); WHEREAS, Grandmother is the natural maternal grandmother of the child; WHEREAS, Mother and Father presently live separate and apart and neither parent resides with Grandmother; and WHEREAS, the parties wish to enter into a comprehensive agreement establishing an arrangements relative to custody, temporary, and visitation of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreemems as hereinafter set forth the parties stipulate and agree as follows: 1. Grandmother shall have primary and physical and legal custody of the child. Mother and Father shall have periods of temporary or partial physical custody with the child or periods of visitation, by mutual agreement between them, individually, and the Grandmother. It is not intended that these periods of temporary physical custody or visitation be exercised jointly but rather that mother and father shall have independent periods of time with the child, tn implementation of this paragraph, it is intended that the periods of temporary and physical custody or visitation as described herein ,,;hall be exercised in a reasonable and liberal manner. Mother or Father, respectively, shall be responsible for transportation for the child for their periods of visitation or temporary physical custody. All parties shall keep the others advised irrm~ediately relative to any medical emergencies concerning the child and shall, further, take any necessary steps to insure that the health and well being of the child is protected during sucl4 illness or medical emergencies. All parties shall have the right to visit the child as often as he or she desires consistent with proper medical care of the child. None of the parties shall do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties, or which may hamper the free a~d natural development of the child's love and affection for the other parties. The parties desire that the within stipulation ;and agreement made an Order of the Court in the Court of Common Pleas of Cumberland County and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the child in that the child has resiried for her entire life in Cumberland County, Pennsylvania. Court of Common Pleas shall retain jurisdiction should circumstances change and either party desire or require modification of the Order resulting fi.om this Agreement. Any modification or w~aiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing on the effects executed on the same formality as the Stipulation and Agreement. The parties agree in making this Agreemem there is no fi.aud, concealment, overreaching, coercion, or any other unfair dealing on the part of any of the parties. The parties acknowledge they have read and understand the provisions of this agreement. Each party acknowledges that the agreement is fair and equitable and that it ils not the remit of any undue influence or duress. IN WITNESS WHEREOF the parties hereto imending: to be legally bound by the terms hereof set forth their hand and seal the day and year hereinafter mentioned. M~Y IIA_NE~T2 MELISSA CONRAD COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the IL/ dayof ~0V, 1998, before me, the undersigned officer, personally appeared MARY JANE ICtNTZ, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WI4F. REOF, I hereunto set my hand and official seal. NOTARIAL SEAL ~ WENI]Y M, BURKHi~LDER, Notary Public ~ Carlisle, Cumberland County. My Commission Expires June 7,1999 COMMONWEALTH OF PENNSYLVANIA' COUNTY OF CUMBERLAND SS. On this the / ~ day of ~OV' , 1998, before me, the undersigned officer, personally appeared MELISSA CONRAD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes; therein contained. IN WITNESS WHEREOF, I hereu~et rny h/ NOTARIAL SEAL [ WENDY M"URgH0i-DE,~, No~,a~ Public ,,GarliC,Cumber and Coun~ My Commission Expires June 7,'1999 d"'~c[ official seal. COMMONWEALTH OF PENNSYLVANIA' COUNTY OF CUMBERLAND On this the [ 9r SS. , 1998, before me, the day of /k30~ undersigned officer, personally appeared SCOTT RAUDABAUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL DAWN M. 8HUGHAFr~, Nota~j Public , _Carlisle, Cumberland County r~y commission Expires Nov. 28, CHRISTOPHER W. REED, PLAINTIFF/RESPONDENT V. MELISSA A. CONRAD, DEFENDANT/RESPONDENT V. MARY JANE KANTZ, PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · 03-1502 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of June, 2003, pending further order of court, Mary Jane Kantz, shall have legal custody and primary physical custody of her grandson, Christopher Michael Reed, born July 3, 1999. By,he C6'u rt Edg~ ~. I~a Bradley L. Griffie, Esquire For Petitioner Christopher William Reed, Pro se Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 :sal 'VlNV^q,,LSNN~cJ CHRISTOPHER W. REED, Plaintiff/Petitioner MARY JANE KANTZ, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : : NO. 03-1502 CIVIL TERM PRAECIPE To the Prothonotary: I hereby withdraw my appearance previously entered on behalf of the Christopher W. Reed, in the above captioned case. Respectfully submitted, Robert J. Mtlld&ig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 To the Prothonotary: I hereby enter my appearance in the above captioned matter on behalf of the Christopher W. Reed. Respectfully submitted, Tayls~ ?. Andrews, Esquire 78 ~ : Pomfret Street Carlis PA 17013 (717) 243-0123 CHRISTOPHER REED, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MELISSA CONRAD, Defendant NO. 03-1502 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of January, 2004, upon consideration of Plaintiff's Petition for Special Relief Pursuant to Pa. R.C.P. Section 1915.13, and following a conference in chambers with counsel for Plaintiff, Taylor P. Andrews, Esq., and counsel for Defendant, Bradley L. Griffie, Esq., the petition is granted to the extent that Plaintiff shall be permitted to have a five-minute supervised visit at the Cumberland County Prison with his son Christopher Michael Reed; provided, that Plaintiff shall not discuss the death of the child's mother in any way; that he shall not have any physical contact with the child; that Defendant's counsel shall be in attendance at the visit; and that any persons requested by Defendant, including herself, may also be present. IT IS UNDERSTOOD that the purpose of the visit will be to permit Plaintiff to tell the child that he will be going away and that he is sorry. To the extent that this purpose is deviated from, the visit shall be terminated. BY THE COURT, ,,~aylor P. Andrews, Esq. Attorney for Plaintiff ~radley L. Griffie, Esq. Attorney for Defendant :rc CHRISTOPHER REED, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW MARY JANE KANTZ, : Defendant : No. 03-1502 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 14th day of January, 2004, the Order of Court dated this date is hereby amended to reflect the caption as indicated above. In all other respects, the Order of Court dated this date shall remain in full force and effect. By the Court, Taylor P. For the Plaintiff ~radley L. Griffie, For the Defendant wcy Andrews, Esquir~ Esquire