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HomeMy WebLinkAbout07-3537HELEN L. FAILOR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - CIVIL TERM LISA M. CRAIN and SHAWN M. HOLUB, Defendants IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Helen L. Failor, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Helen L. Failor, is an adult individual with an address of 6 Green Meadow Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendants, Lisa M. Crain and Shawn M. Holub, are adult individuals with a current address of the Harvon Motel, Room 21, 851 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendants are the natural parents of two (2) children, namely, Shawn M. (Cramer) Holub, born November 13, 2002, and Gergory A. Holub, born October 19, 2003. 4. The Plaintiff, Helen L. Failor, is the paterinal grandmother of said minor children. 5. Since the Defendants' mobile home has been foreclosed upon, the children have been residing at the Harvon Motel under very difficult living conditions. 6. The Plaintiff, Helen L. Failor, desires primary physical custody of the said minor children with periods of temporary physical custody to Defendants as the parties can agree. 7. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Helen L. Failor, respectfully requests that he be awarded primary physical custody and shared legal custody of Shawn M. (Cramer) Holub and Gregory A. Holub as provided herein, with periods of temporary physical custody to Defendants, Lisa M. Crain and Shawn M. Holub as provided herein. By: Attorney/ for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: June 15, 2007 Respectfully submitted, VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. HELEN L. FAILOR Date: June 15, 2007 I\ ? W w C? C_ ? t 7 0 -rt Z _ ui _. Q -Y J ?C T T rz? HELEN L. FAILOR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-3537 CIVIL ACTION LAW LISA M. CRAIN AND SHAWN M. HOLUB IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, June 22, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 25, 2007 at 1:00 PM 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 pennanent 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/ john J. Mangan, Jr.. 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 Vl7V' VNIVA t Wd C i aZ Wd ZZ Nnr LOQZ AWIO,NC,ruc)dd 3M JO } 3014-201-COU OCT - 8 20071e? HELEN L. FAILOR IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-3537 Civil Term LISA M. CRAIN and SHAWN M. HOLUB : Defendants : ACTION IN CUSTODY COURT ORDER AND NOW, this /U day of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: Legal Custody: The Mother, Lisa Crain, and the Father, Shawn Holub, shall enjoy shared legal custody of the minor children, Shawn M. (Cramer) Holub, born 11/13/02 and Gregory A. Holub, born 10/19/03. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Specifically, the parents shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the Children's education and activities as fully as possible. 2. Physical Custody: The Mother and Father shall share physical custody of the Children subject to paternal grandmother's visitation every other weekend commencing August 3, 2007 from Friday 6:00 pm until Sunday 6:00 pm. 3. Transportation: Paternal Grandmother, Helen Failor, shall be responsible for all transportation for the visitation periods of her Grandchildren. It is directed that the pickup/drop off location shall be at the parents' residence or at a mutually agreed upon public place. There shall not be any confrontations or disturbances between the parties during the visitation exchanges. 4. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties are directed to not engage in any criminal activities while the Children are in their care. The parties shall likewise t.i sst,,?f 1 •01 WV L 1130 L11Ot assure, to the extent possible, that other household members and/or house guests comply with this provision. 5. The non-custodial party shall be entitled to have reasonable liberal telephone contact with the Children. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. 8. This Order is entered pursuant to 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. BY J. Cc: Jarcus McKnight, Esquire a Crain and Shawn Holub, 501 Windy Hi 1 Rd., Lot 81, Shermansdale, PA 17090 hn J. Mangan, Esquire t • M I ?. _I ?D?17/o7 M HELEN L. FAILOR IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-3537 Civil Term LISA M. CRAIN and SHAWN M. HOLUB Defendants : ACTION 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Shawn M. (Cramer) Holub 11/13/02 Mother and Father Gregory A. Holub 10/19/03 Mother and Father 2. A Conciliation Conference was held on July 25, 2007 with the following individuals in attendance: The Paternal Grandmother, Helen Failor, with her counsel, Marcus McKnight, Esq. The Father, Shawn Holub and the Mother Lisa Crain, pro se 3. The parties agreed to the entry of an Order in the form as attached. Date: Jo J. angan, Es e C tody Conciliato HELEN L. FAILOR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - 3537 CIVIL TERM LISA M. CRAIN and SHAWN M. HOLUB, Defendants IN CUSTODY COMPLAINT FOR MODIFICATION OF CUSTODY AND NOW comes the Plaintiff, Helen L. Failor, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Helen L. Failor, is an adult individual with an address of 6 Green Meadow Drive, Carlisle, Cumberland County, Pennsylvania 17013 and is the paternal grandmother of the minor children Shawn M. (Cramer) Holub, born November 13, 2002, and Gregory A. Holub, born October 19, 2003. 2. The Defendant, Lisa M. Crain, is the natural mother of the minor children. She has an address of P. O. Box 45, Hundred, West Virginia 26575 3. The Defendant, Shawn M. Holub, is the natural father of the minor children. He resides at 44 East Penn Street, Carlisle, Cumberland County, Pennsylvania. 4. The Defendants are the natural parents of two (2) children, namely, Shawn M. (Cramer) Holub, born November 13, 2002, and Gregory A. Holub, born October 19, 2003. 5. An Order of Court signed by the Honorable Judge Kevin A. Hess, and dated October 16, 2007, was issued in this case, a copy of said Order is attached and marked as Exhibit "A". 6. The Defendants have indicated that the best interest of said minor children are that they reside with the Plaintiff, Helen L. Failor, and attend the Carlisle Area School District. 7. The Plaintiff, Helen L. Failor, desires primary physical and legal custody of the said minor children with periods of temporary physical custody to Defendants as the parties can agree. 8. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiffs request as set forth above. WHEREFORE, the Plaintiff, Helen L. Failor, respectfully requests that he be awarded primary physical custody and legal custody of Shawn M. (Cramer) Holub and Gregory A. Holub as provided herein, with periods of temporary physical custody to Defendants, Lisa M. Crain and Shawn M. Holub as the parties agree is in the best interest of said minor children. Respectfully submitted, By: Date: May 23, 2008 IRWIN & McKNIGHT Street vania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 EXHIBIT "A VERIFICATION The foregoing petition to Modify oust gathered b °dY is based upon information y counsel and myself in the which preparation of this action. has been in this document and they are true and I have read the statements mad correct to the best of e belief. I understand that false statements my knowledge, information and is herein made are subject to the C.S.A. Section 4904, relating to unsW°rn falsification to au penalties of 18 pa thonties. Date: May 23, 2008 HELEN L. FAILOR HELEN L. FAILOR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-3537 CIVIL ACTION LAW LISA M. CRAIN AND SHAWN M. HOLUB . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 03, 2008 at 9:00 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. 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/ ohn . Mangan, r. Es . 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 2008 2 9'r' 1. t; 7 ? ll s9?? JUL 212008 HELEN L. FAILOR V. Plaintiff LISA M. CRAIN and SHAWN M. HOLUB Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-3537 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this Z"r day of July 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Paternal grandmother, Helen L. Failor, shall enjoy legal custody of the minor children, Shawn M. (Cramer) Holub, born 11/13/02 and Gregory A. Holub, born 10/19/03. Helen Failor shall have the right to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party to this action shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parties. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. Specifically, the parties to this action shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each party may participate in the Children's education and activities as fully as possible. The parents to this action, Lisa Crain and Shawn Holub, are not precluded from asserting their legal custodial rights if/when the circumstances are appropriate. 2. Physical Custody: The Paternal grandmother, Helen L. Failor shall have primary physical custody of the Children subject to the parents', Lisa Crain's and Shawn Holub's, partial physical custody as the parties may agree. The parents of the subject Children are specifically not precluded from asserting their physical custodial rights if/when the circumstances are appropriate. 3. Transportation: The parties to this action shall arrange transportation obligations as the parties may agree. There shall not be any confrontations or disturbances between the parties during the custody/visitation exchanges. -1 4. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties are directed to not engage in any criminal activities while the Children are in their care. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 5. The non-custodial party shall be entitled to have reasonable liberal telephone contact with the Children. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. Plaintiff shall have two non-consecutive weeks (i.e. no more than seven days in a row) of vacation per year with the Children. The requesting party shall give the other parties 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 8. No party may say or do anything, nor permit a third party to do or say anything, that may estrange the Children from the other parties, or injure the opinion of the Children as to the other parties, or may hamper the free and natural development of the Children's love or affection for the other parties. 9. This Order is entered pursuant to 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: "cus McKnight, Esquire isa Crain, P.O. Box 45, Hundred, West Virginia 26575 *I wn Holub, 44 East Penn Street, Carlisle, PA 17013 John J. Mangan, Esquire acrl" ?/aa/oS A? ;d CHI. ?C t 4.._ HELEN L. FAILOR IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-3537 Civil Term LISA M. CRAIN and SHAWN M. HOLUB : Defendants : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Shawn M. (Cramer) Holub 11/13/02 Paternal grandmother Gregory A. Holub 10/19/03 Paternal grandmother 2. A Conciliation Conference was held on July 25, 2007, an Order was issued October 16, 2007 and a modification conference was held July 11, 2008 with the following individuals in attendance: The Paternal Grandmother, Helen Failor, with her counsel, Marcus McKnight, Esq. The Father, Shawn Holub and the Mother Lisa Crain, pro se, did not appear 3. The undersigned recommends the entry of an Order in the form as attached. Date: ?C ----- Jo gan, Esqui C tod Conciliator