Loading...
HomeMy WebLinkAbout99-07643 v ? ( .a I ?) `' ? `?' \ \ o yhi ? %?i V ? (? V? 1 r ' A y?' f ..{? I ?::'Lr? f ly. ! } ?F ? . W .J ?hr??f BRENDA L. McINTYRE, Plaintiff V. JON H. McINTYRE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- I.L43 llUc? {?CI?/?? CIVIL ACTION - Custody ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that t( parties and their respective counsel appear before }L )( (_)NO ? Esauire, the Corciliator, on the (D day of _CTyYUo(- at S,-gyp Q.m., in the Attorney's Conference Room, 4th Floor, Cumberland County Courthouse, Square, Carlisle, Pennsylvania, 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. Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date of Order: _? By: Custody Conciliator 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 7.._ _ ... --- - !rte--•- _ _.°, 7. ev) l/ , BRENDA L. McINTYRE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. JON H. McINTYRE, CIVIL ACTION - Custody Defendant NOTICE TO THE DEFENDANT NAMED HEREIN: 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 a judgment 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 COURT ADMINISTRATOR Cumberland County Courthouse 1 Courthouse Square-4th Floor Carlisle, Pa 17013-3387 Telephone: (717) 240-6200 NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas diguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avidaso que si usted no se defiende, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TINE ABOGADO OSI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OLLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY COURT ADMINISTRATOR Cumberland County Courthouse 1 Courthouse Square-4th Floor Carlisle, Pa 17013-3387 Telephone: (717) 240-6200 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C Date: By: Paige Macdonald-Matthes, Esquire I.D. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 2 BRENDA L. McINTYRE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff n V. NO. 99. 7(,,/j ( u c ( 7, -- JON H. McINTYRE, CIVIL ACTION - Custody Defendant COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Brenda L. McIntyre, by and through her counsel, Cunningham & Chernicoff, P.C. and files her Complaint for Custody of Lennon G.S. Glass, and in support thereof avers as follows: 1. The Plaintiff is Brenda L. McIntyre, who currently resides at 337 Bridge Street, New Cumberland, Cumberland County, PA 17070. 2. The Defendant is ion H. McIntyre, who is currently residing at 604 Second Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Plaintiff seeks shared legal and primary physical custody of the following child: F-r NAME PRESENT RESIDENCE DOB Lennon G.S. Glass 604 2nd Street 11/1/84 New Cumberland, pa 17070 The child was born out of wedlock. The child is presently in the custody of Jon H. McIntyre, who resides at 604 2nd Street, New Cumberland, Cumberland County, Pennsylvania 17070. During the past five (5) years, the child has resided with the following persons and at the following addresses: (LIST ALL PERSONS) Jon H. McIntyre Jon H. McIntyre Brenda L. McIntyre (LIST ALL ADDRESSES) 604 2nd Street New Cumberland, PA 604 2nd Street New Cumberland, PA (DATES) 3/99-present. 1994-3/99 The mother of the child is Brenda L. McIntyre, currently residing at 337 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. She is married. 2 I ' The father of the child is ion H. McIntyre, currently residing at 604 2nd Street, New Cumberland, Cumberland County, Pennsylvania. He is married. 4. The relationship of Plaintiff to the child is natural mother. The plaintiff currently resides with the following persons: NAME RELATIONSHIP HERSELF Gerald McGowan Friend 5. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the following persons: NAME RELATIONSHIP HIMSELF Lennon G.S. Glass Son "Holly" Girlfriend 3 6. Plaintiff has not participated as a party or witness, or in another capacity, in any 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. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation right 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 always looked to Plaintiff as a constant source of love and support; b. the Defendant has a drinking problem and frequently goes out drinking with his girlfriend and/or his friends, leaving Lennon home by himself, with no knowledge of where his father can be found; C. On October 8, 1999, Lennon called Plaintiff at her present residence because he was 4 one again left alone by his father. Lennon requested that Plaintiff come and stay with him and Plaintiff readily agreed with her son's request. Defendant returned home after midnight with h i s girlfriend. Despite the fact that Plaintiff was present and despite the fact that Lennon was in the living room asleep, Defendant directed that his girlfriend "go upstairs to the bedroom and wait for him to come to bed." Defendant then instructed Plaintiff to "leave the back door open when she left because a friend might 'crash' there for the night because they had too much to drink at the bar."; d. Defendant has brought unlicensed weapons (guns) into the home notwithstanding Plaintiff's request that he refrain from doing so because the child is in the home. e. The child, although born out of wedlock, is the Defendant's natural son. Notwithstanding Defendant's subsequent marriage to Plaintiff, Defendant has never sought to cause Lennon's surname to be legally changed, notwithstanding Plaintiff and Lennon's repeated requests that he do so; and 5 f. the Plaintiff can provide a more stable, loving and nurturing environment for the child than the Defendant can provide. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child have been given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests the court to grant her shared legal and primary physical custody of Lennon G.S. Glass. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. u c.:]:.5-cvJ-+?r Date Paige Macdonald-Matthes, Esquire I.D. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 6 VERIFICATION I, Brenda L. McIntyre, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. _ , Buda L. McIntyre / Date: ?? ? .-k, . FEB 15 2000th BRENDA L. McINTYRE, Plaintiff v JON H. McINTYRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7643 CIVIL : IN CUSTODY cOURT ORDER AND NOW, this ! , day of February, 2000, upon consideration of the attached custody Conciliation Report, it is ordered and directed as follows: I. A hearing is scheduled in courtroom No. / of the Cum000aantd Co 3 t Courthouse on the I. 6& day of the e. At that hearing, ?. M. at which time testimony will be ken in this and shall proceed initially Mother, Brenda L. McIntyre, shall be the moving party P with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, a list of witnesses who will be called to testify at the hearing and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further order of this Court, the Mother, Brenda L. McIntyre, and the Father, Jon H. McIntyre, shall enjoy shared legal custody of Lennon G. S. Glass, born November 1, 1984. Physical custody shall remain as it has been over the past year with the Father having primary physical custody and the Mother enjoying periodic times of physical custody as agreed by the parties. BY THE COURT, i - .. i co: Paige Macdonald-Matthes, Esquire ,.-. , ?. Samuel L. Andes, Esquire l/afi`/06 tiv Oak. - BRENDA L. McINTYRE, Plaintiff JON H. McINTYRE, Defendant Prior Judge: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 99-7643 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Lennon G. S. Glass, bom November 1, 1984. 2. A Conciliation Conference was held on February 10, 2000, with the following individuals in attendance: The Mother, Brenda L. McIntyre, with her counsel, Paige Macdonald-Matthes, Esquire; and the Father, Jon H. McIntyre, with his counsel, Samuel L. Andes, Esquire. 3. The parties have been separated for well over a year. The minor child resides with the Father. Mother has now petitioned the court to have a change in custody. Mother's position is that the child should come to live with her on a primary basis. Father suggests the status quo should remain the same. The parties are unable to reach an agreement at this time. The parties will continue to speak between themselves in an effort to reach an agreement prior to a hearing. However, a hearing needs to be scheduled at this particular time. aktl/ bU DATE Hubert X. Gil? , Esquire Custody Co iliator r BRENDA L. McINTYRE, Plaintiff V. JON H. McINTYRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7643 CIVIL TERM ORDER OF COURT AND NOW, this t Z day of April, 2000, upon consideration of the attached letter from Jordan D. Cunningham, Esq., attorney for Plaintiff, the hearing previously scheduled in this matter for April 13, 2000, is cancelled. BY THE COURT, Jordan D. Cunningham, Esq. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorney for Plaintiff Samuel L. Andes, Esq. 525 N. 12'h Street Lemoyne, PA 17043 Attorney for Defendant 7 ?. Wesley Oler, r. J. ,b :rc i. •J ' 1 ?. ? ? 1 ' ... ?' J .. APR-11-2000 16:32 JORDAN D. CUNNINGHAM ROBERT E. CHERNICOFF PAIGE MACDONALDMATTHES MARC W. WITZIG FIENRY W. VAN ECK CUNNINGHAUN' .; CHERNICOFF, RC P.01i01 ATTOR_NT?YS AT LAW HERS14EY TELEPHONE 2320 NORTH SECOND STREET (717) 534-2833 P.O. BOX 60457 IRSNO.23.2274135 HARRISBURG:, PENNSYLVANIA 17106-0457 FAX (717)238.4809 TELEPHONE (717) 238-6571) April 11, 2000 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse one Courthouse Square Carlisle, PA 17013-3387 VIA TELECOPIER - 240-6462 AND U.S. FIRST-CLASS MAIL Re: Brenda L. McIntyre v. Jon H. McIntyre No. 99-7643 Civil Dear Judge Oler: The purpose of this letter is to confirm the message I left with your secretary this afternoon. The above captioned matter has been settled. Attorney Andes indicates that his client has signed a stipulation which I forward to Mr. Andes last week. My client still needs to sign the Stipulation. Once all parties have signed the Stipulation, I will forward the Stipulation, together with a proposed order to you for your review and consideration. The hearing now scheduled for Thursday, April 13, 2000 may be cancelled. Thank you for your attention to this matter. Very truly CUNNIN - CH I,- - I P.C. ??- J D. CunxLJ2•i? ham,-.,:, JDC/bam cc: Samuel Andes, Esquire Via TelecoVier - 761-1435 and U.S. first-class mail Brenda McIntyre TOTAL P.01 BRENDA L. MCINTYRE, Plaintiff VS. JON H. MCINTYRE, Defendant MAY 11, 200 IN THE COURT OF COMMON PLEAS I OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7643 CIVIL TERM IN CUSTODY ORDER AND NOW, this - I2 [? day of [AY, 2000, upon the joint motion of both parties, we hereby adopt as an order of this court the terms and provisions of the custody agreement between the parties, dated April 11, 2000. BY THE COURT, A Distribution: Jordan D. Cunningham, Esquire (Attorney for Plaintiff) 2320 North Second Street, Harrisburg, Pa 17106 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12'h Street, Lemoyne, Pa 17043 J. R rS3 BRENDA L. MCINTYRE, Plaintiff VS. JON H. MCINlYRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7643 CIVIL TERM IN CUSTODY MOTION FOR ENTRY OF ORDER AND NOW come the above-named parties, by their attorneys who have signed below, and move the court to adopt as its order in this matter, the terms and provisions of the custody agreement dated April 11, 2000, as signed by the parties, which is attached hereto. D. CunKinghz v for Plaintiff Sa el L. Andes Attorney for Defendant CUSTODY AGREEMENT ?-Q eo THIS AGREEMENT, made this ll? day of , 2000 by and between BRENDA. L. McINTYRE, hereinafter referred to as "MOTHER", -AND- JON H. McINTYRE, hereinafter referred to as "FATHER" WITNESSETH: WHEREAS, the parties are the parents of one (1) child, Lennon G.S. Glass, born November 1, 1984; and WHEREAS, diverse and unhappy differences and disputes have arisen between the parties and it is the intention of MOTHER and FATHER to live separate and apart, and the parties hereto being desirous of settling fully and finally their respective rights of custody; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby i , acknowledged by each of the parties hereto, MOTHER and FATHER, each intending to be legally bound hereby covenant and agree as follows: 1. CUSTODY OF MINOR CHILD: (a) Legal Custody: MOTHER and FATHER agree that they shall have shared legal custody of the parties' minor child in terms of decision making powers regarding the health, education and welfare of the child. (b) Primary Physical Custody: MOTHER and FATHER agree that FATHER shall have primary physical custody of the parties' minor child, while MOTHER shall have partial physical custody of the child with liberal visitation. 2. MOTHER'S RIGHTS OF PARTIAL CUSTODY: MOTHER shall be entitled to liberal rights of partial custody of Lennon, at such times as are reasonable and convenient to the parties. If the parties are otherwise unable to agree as to the times and days of MOTHER's periods of partial custody, MOTHER shall have the following rights of partial custody: 2 (a) During the week, every Tuesday and Thursday evening from 6:00 p.m. until 9:00 p.m, prevailing time; (b) Every other weekend from Friday afternoon at 6:00 p.m. until Sunday evening at 7:00 p.m. The alternating weekend schedule shall begin the with the weekend of March 3, 2000.; and (c) Four (4) weeks during the summer, to be divided as follows: One (1) weeks in June; two (2) week in July; and one (1) week in August. In relation to the Summer, FATHER shall have three (3), one (1) week periods of uninterrupted custody to take the minor child on vacation. 3. HOLIDAYS: The parties agree that for purposes of this Agreement holidays shall be defined as Thanksgiving, New Years's Day, Easter, Memorial Day, July 4th, and Labor Day. The parties the holidays shall be divided as follows: (a) MOTHER shall have the Thanksgiving holiday, which shall include the night before Thanksgiving and continue until 5:00 p.m. on Thanksgiving Day; 3 (b) FATHER shall have the Friday following Thanksgiving Day from 8:00 a.m. to 6:00 p.m.; (c) MOTHER shall have New Year's Day; (d) FATHER shall have the Easter holiday, which for purposes of this Agreement shall be defined as Good Friday and Easter Sunday. MOTHER shall have the Saturday before Easter Sunday; (e) MOTHER shall have custody of Lennon on MOTHER'S birthday; (f) FATHER shall have custody of Lennon on FATHER'S birthday; (g) MOTHER shall have custody of Lennon on Lennon Is birthday; (h) MOTHER shall have the Memorial Day weekend. The holiday shall begin Friday at 6:00 p.m. and end on Monday evening at 8:00 p.m.; 4 11:__. (i) MOTHER shall have the Fourth of July holiday; and (j) FATHER shall have the Labor Day weekend. The holiday shall begin on Friday at 6:00 p.m. and end on Monday evening at 8:00 P.M. 4. CHRISTMAS: The parties agree that the Christmas holiday in the year 2000 shall be divided into two (2) segments: Segment "A" and Segment "B". Segment "A" shall be from the day Lennon begins his Christmas vacation from school until 12:00 noon Christmas Day. Segment "B" shall be from 12:00 noon Christmas Day until MOTHER's next scheduled period of partial physical custody. MOTHER shall have Segment "A" and FATHER shall have Segment "B" 5. MOTHER'S DAY: The parties agree that MOTHER shall have the entire weekend which includes Mother's Day. In the event that Mother's Day falls on FATHER's weekend, then the parties agree that they shall trade weekends. 6. FATHER'S DAY: The parties agree that FATHER shall have the entire weekend which includes Father's Day. In the 5 .4 . event that Fathers Day falls on MOTHER's weekend, then the parties agree that they shall trade weekends. 7. ENTRY OF COURT ORDER: MOTHER and FATHER agree that this Agreement shall be formalized by the entry of a Court Order of Custody in accordance with the terms and provisions of this Agreement by the Court of Common Pleas, Cumberland County, Pennsylvania. 8. EXCHANGE OF INFORMATION/RELOCATION: Each of the parties agrees to provide the other with their address and telephone numbers, and to advise each other of any change thereof within ten (10) days. Each of the parties also agrees that in the event they intend to move within the Commonwealth of Pennsylvania or relocate themselves from the jurisdiction of the Commonwealth of Pennsylvania altogether, each shall give the other written notice of their intent no less than ninety (90) days prior to their intended relocation date. 9. ILLNESS OF THE MINOR CHILD: In the event of any serious illness of the minor child at any time, the party then having physical custody of said minor child shall immediately communicate with the other party by telephone or any other 6 .y means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 10. SITUS: This Visitation and Custody Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 11. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights and obligations of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: A. - BRENDA L. MCINTYRE' 1 ?'IX JqN MCINTYRE 7 ?- C') Y :'r c? !-- Fi _ T ?" (1C:: O is _ In ? ..1. ?? /' LL ' J?:!3 ?? ..rl '-? c? ?J - ? .?