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HomeMy WebLinkAbout03-2300fl\cust\l-custdy.not WILLIAM J. CRAMER, Plaintiff TRACIE E. HOGUE, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following complaint, you must take action within twenty {20) days after the 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 against you and a judgment may be entered against you by the Court without further notice for any money claimed in the com- plaint 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 fl\cust\cramer.cust.complaint.4-17-03 WILLIAM J. CRAMER, Plaintiff Vo TRACIE E. HOGUE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY : NO. Off- 3oo COMPLAINT FOR CUSTODY 1. The plaintiff is William J. Cramer, an adult individual, currently residing at 6 Mimosa Drive, Mechanicsburg, PA 17055. 2. The defendant is Tracie E. Hogue, an adult individual, currently residing at 4247 Williamsburg Drive, Apt. D, Harrisburg, Dauphin County, 17109. 3. Plaintiff seeks primary physical custody of William Lloyd Cramer, who resides at 6 Mimosa Drive, Mechanicsburg, PA 17055, and is One (1) year of age having been born on April 7, 2002. The child was born out of wedlock. The child is presently in the custody of the Plaintiff who resides at 6 Mimosa Drive, Mechanicsburg, PA 17055. During the past two (2) years, the child has resided since birth with the following persons and at the following addresses: NAME ADDRESS DATES Plaintiff, Defendant 6 Mimosa Drive, Mech. Since 4/7/02 Donna M. Cramer (paternal grandmother),William j. Cramer (paternal grandfather),Daniel j. Cramer (paternal uncle) The mother of the child is Tracie E. Hogue currently residing at 4247 Williamsburg Drive, Apt. D, Harrisburg, Dauphin County, 17109. She is unmarried. The father of the child is William J. Cramer currently residing at 6 Mimosa Drive Drive, Mechanicsburg, PA 17055. He is unmarried. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: NAME Donna M. Cramer William J. Cramer Daniel J. Cramer RELATIONSHIP Plaintiff's mother Plaintiff's father Plaintiff's brother 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: NAME RELATIONSHIP Unknown 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. -2- 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 interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has resided with the father since birth who has provided a continuous living relationship with the child; (b) The father is able to provide a stable home and with an extended family environment for the child allowing the child opportunity to spend time with the child's mother consistent with a schedule the parties can arrange between themselves. 8. 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. -3- WHEREFORE, plaintiff requests the court to grant the parties shared legal custody of the minor child, giving primary physical custody of the child to the Plaintiff and partial physical custody to the Defendant. STONE LaFAVER & SHEKLETSKI Eli =~h~th Stone, ESQUIRE Sup~ rt I.D. #60251 4 Street, P.O. Box E PA 17070 (717) 774-7435 Te : ,s f~r Plaintiff / / fl\mis\l-verifi VERIFICATIOI~ WILLIAM J. CRAMER, states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. Date: ~/~Z;/~. 2~ 2oo3 / WILLIAM J. CRAMER : PLAINTIFF : V. : TRACIE E. HOGUE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2300 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 21, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Tuesday, June 24, 2003 at 11:30 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, SI}eeial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIlE COURT, By: /s/ Dawn S. Sunday, 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 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 WILLIAM J. CRAMER, Plaintiff VS. TRACIE HOGUE Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2300 C1VIL ACTION LAW 1N CUSTODY _ORDER OF COURT AND NOW, this / $7~ day of ~ ,2OO3, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, William J. Cramer, and the Mother, Tracie E. Hogue, shall have shared legal custody of William Lloyd Cramer, born April 7, 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. The parties shall keep each other apprised of any illnesses, treatments or other medical issues concerning the Child. 2. The parties shall share having physical custody of the Child on an alternating weekly basis, with the exchange to take place each week on Sunday at 5:00 pm. The noncustodial parent shall have a period of custody with the Child each week from after work on Wednesday when the noncustodial parent shall pick up the Child from the caregiver through the following Thursday morning, when the Child shall be returned to the caregiver. The alternating weekly schedule shall begin with the Mother having custody of the Child during the week beginning June 22, 20(}3. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall nm from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall nm from Christmas Day at 12:00 noon through December 26th at 12:00 noon. In odd numbered years, the Father shall have custody of the Child during Segment A, and the Mother shall have custody during Segment B. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. NEW YEARS: The New Years holiday shall be: divided into Segment A which shall mn from New Years Eve at 12:00 noon through New Years Day at 12:00 noon, and Segment B, which shall run from New Years Day at 12:00 noon though January 2nd at 12:00 noon. For purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Eve. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. C. EASTER: The Easter holiday shall mn from he. Friday before Easter after work through Easter Sunday at 7:00 pm. In odd numbered years, the Mother shall have custody of the Child over Easter and in even numbered years, the Father shall have custody over Easter. D. MEMORIAL DAY / JULY 4TH/LABOR DAY: The period of custody over Memorial Day, July 4th and Labor Day, shall mn from 9:00 am on the holiday through the following morning when the Child shall be rettuned to the caregiver, or, if the following morning is a weekend at 9:00 am. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on July 4th. In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Fa~ter shall have custody on July 4th. E. THANKSGIVING: The Thanksgiving holiday shall run from the Wednesday evening before Thanksgiving through the following Saturday evening, with the specific times to be arranged by agreement between the parties. In odd numbered years the Mother shall have custody of the Child over Thanksgiving and in even numbered years, the Father shall have custody over Thanksgiving. F. MOTHER'S DAY / FATHER'S DAY: The Mother shall have custody of the child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day from 9:00 am until 5:00 pm. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have custody of the Child for an extended vacation period each year for up to two weeks, upon providing at least sixty days advance notice to the other party. In the event a party schedules his or her vacation weeks consecutively, the other party shall be entitled to make up his or her missed week of custody either immediately preceding or following the other party's vacation, so that each party has two consecutive weeks with the alternating weekly schedule resuming thereafter. The party who provides notice first under this provision shall be entitled to preference on his or her selection of vacation dates. 5. Unless otherwise agreed, the party receiving custody shall be responsible to provide transportation for the exchange of custody. The parties shall make an effort to be personally present during exchanges of custody. 6. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide to the other party an address and telephone number where the Child can be contacted. 7. The parties shall communicate directly with each other concerning issues involving the Child. 8. In the event either party is unavailable during his or her period of custody to provide care for the Child for a full day or overnight period, that party shall first contact the other parent to offer the opportunity to provide care for the Child before contacting third party caregivers. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. 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. cc: ElizabethB. Stone, Esquire - Counsel for Father .~ ~ '7.01-0 Shaleeta Washington, Legal Intern and Joan Carey, Esquire - Counsel for Mother (~") , WILLIAM J. CRAMER, : 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAI~D COUNTY, PENNSYLVANIA VS. TRAC1E HOGUE Defendant 03-2300 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 William Lloyd Cramer DATE OF BIRTH CURRENTLY IN CUSTODY OF April 7, 2002 Father 2. A Conciliation Conference was held on June 24, 2003, with the following individuals in attendance: The Father, William J. Cramer, with his counsel, Elizabeth B. Stone, Esquire, and the Mother, Tracie E. Hogue, and her counsel, Shaleeta Washington, Legal Intern, and Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator