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HomeMy WebLinkAbout03-4201CHRISTOPHER MICHAEL DWYER Plaintiff VS. MARY ANN MAIMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : : CUSTODY COMPLAINT FOR CUSTODY 1. The plaimiffis Christopher Dwyer, residing at 15 Springers Lane, New Cumberland, Cumberland County, PA 17070. 2. The defendant is Mary Ann Maiman, residing at 304 S. Front Street, Wormleysburg, Cumberland County, PA 17043. 3. Plaintiff seeks custody of the following children: .... Name ..... Present Residence ............ Age ....... Kane Anthony Dwyer 15 Springers Lane, New Cumberland PA age 7 Jalen George Dwyer 15 Springers Lane, New Cumberland PA age 5 Mariah Eileen Dwyer 15 Springers Lane, New Cumberland PA age 4 The children were bom out of wedlock. The children are presently in the custody of Plaintiff, at 15 Springers Lane, New Cumberland, PA; they are to be returned to their Mother, Defendant, in the near future, after which time they will be residing with Defendant at 304 S. Front Slxeet, Wormleysburg, PA. During the past five years, the children Kane and Jalen have resided with the following persons and at the following addresses: 406 N. 2~a St., Wormleysburg, PA 3121 Yale Ave., Camp Hill, PA With: From: Plaintiff and his parents May, 1998 Plaintiff June, 1999 Sept., 1999 304 S. Front St., Wormleysburg PA Plaintiff, Defendant, sibling Since August 2002 the children have all split their residency between their Mother at 304 S. Front St., Wormleysburg, PA, and their Father at his residences at 1040 Lisbum Road, New Cumberland, PA (where they also lived with Erin Concannon and her Husband Matthew Concannon and their 2 children, and, after November, 2002, at 15 Springers Lane, New Cumberland, PA, where they have resided with Plaintiff Father, Erin Concannon, one of her natural children and their Sister Maxiah. Mariah, the third child, has lived at all the same places as her brothers except for the period from July, 1999, until August, 2002, when Mariah began staying at whatever residence her Brothers were in at any particular time. In fact, the three subject children have essemially lived with both natural parents, the Plaintiffand Defendant herein, under a shared custody agreement that was not professionally drafted nor sanctioned by any Court. The mother of the child is Mary Ann Maiman, currently residing at 304 S. Front Street, Wormleysburg, Cumberland County, PA. She iss'mgle. Thee father of the child is Christopher M. Dwyer, currently residing at 15 Springers Lane, New Cumberland, Cumberland County, PA. He is single. 4. The relationship ofplaintiffto the child is that of natural Father. The plaintiff currently resides with the following persons: Name .......... Relationship Erin Concannon Paramour Coleen Concaunon, age 6, and Colin Concannon, age 4, Erin's children. 5. The relationship of defendant to the child is that of natural Mother. The plaintiff currently resides with the following persons: None, except when the subject children axe residing with her. 6. Plaintiffhas not paxticipated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiffhas 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 the proceedings who has physical custody oftbe child or claims to have custody or visitation rights with respect to the child The best interest and permanem welfare of the child will be served by granting the relief requested because Defendant has shown an inability to rationally make the proper decisions regarding the children as follows: a. Defendant has often, without regard for the best interest of the children changed her position regard'rog the permanent residency of the children, keeping the children fi.om having normalcy in their lives. b. Defendant has disciplined the children by yelling and screaming at them in an unnecessary and inappropriate manner. c. Defendant threatened to kill Plaintiff if he terminated their relatiouship. d. While Defendant was pregnant with Jalen, and hospitalized l~¢ause of early e. ontractions, she demanded to have the other child, Kane, brought to visit her at 11:30 p.rr~, and stated that she would leave the hospital, contrary to doctors' advice that such action could endanger the unborn Jalen; in fact, she did then leave the hospital stating that she didn't care if such action took Jalcn's life. e. Defendant ignored doctors' warnings regarding the unborn Kane, and traveled to tbe Maryland shore, wbere she went into labor; Kane was born, and be eroded up spending the first month of his life in the NICU at Johns Hopkins University. 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 will be given notice of the pendency of this action and the right to intervene: NONE p~l~c, iflh~t~qts,lhe court to grant custody of the child. vt/~ ~ 50 East High Street Attorney for Plaintiff Carlisle, PA 17013 717-350-1002 IIO~tC:t~ statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 4904 rel~ating to unswom falsification to authorities. CHRISTOPHER MICHAEL DWYER : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 03-4201 CIVIL ACTION LAW MARY ANN MAIMAN : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 02, 2003 , upon con:sideration of the attached Complaint, it is hcreby directed that parties and their respective counsel appear before Hubert X. Gilro¥, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 25, 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 apl)ear 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 TIlE 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 befbre 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 TELEPItONE 'DIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ttELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ¥? CHRISTOPHER MICHAEL DWYER, Plaintiff V MARY ANN MAIMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003- 4201 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~,O~ day of ~~ ., 2003, upon consideration of the attached cUStody 'Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in~C,~urtroom No. ~// of the Cumberland C~unty Courthouse on the ~ day of ~2~3~, 20~, at ~ ~ ~) /~-.M. At this hearing, the Father, Christopher M. Dwyer, shall be the moving party and shall proceed initially 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 statement with respect to each parties' position on their desired custodial arrangement, a list of witnesses who will be call 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 following temporary custody order is entered: A. Father, Christopher Michael Dwyer, and the Mother, Mary Ann Maiman, shall enjoy shared legal custody of Kane A. Dwyer, born June 16, 1996; Jalen G. Dwyer, born September 5, 1997; and Mariah E. Dwyer, born April 14, 1999 B. Father shall enjoy periods of physical custody on every weekend from Friday at 6:00 p.m. until Sunday at 8:00 p.m. C. Mother shall enjoy physical custody during the week when Father does not have custody being from Sunday at 8:00 p.m. until Friday at 6:00 p.m. The parties may modify this schedule as they agree. Absent any agreement, this schedule shall control. cc: '' ~l~en C..Welch, Esquire ~sica D~amondstone .X BY THE COURT, CHRISTOPHER MICHAEL DWYER, Plaintiff V MARY ANN MAIMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2003 - 4201 CIVIL : IN CUSTODY Prior Judge: 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: Kane A. Dwyer, born June 16, 1996; Jalen G. Dwyer, born September 5, 1997; and Mariah E. Dwyer, born April 14, 1999. 2. A Conciliation Conference was held on September 25, 2003, with the following individuals in attendance: The Father, Christopher Michael Dwyer, with his counsel, Allen C. Welch, Esquire; and the Mother, Mary Ann Maiman, with her counsel, Jessica Diamondstone, Esquire. 3. The parties have been separated since approximately August of 2002. Last year during the school year, Mother had primary custody with Father having the children on the weekends. During the summer months, custody went to the Father with Mother having custody on weekends. Father is now seeking more expanded times of custody during the school year. He is suggesting the children are better off with him if they see him more during the school year than the current schedule allows· Mother is willing to work on a compromise, but is reluctant to agree to have the children at the Father's home during the weekdays when she believes it would interfere with their sleeping/school situation. The Father is insistent on pursuing custodial overnight time during the school week, and an agreement could not be reached. 4. The status quo during the school year has been Mother having the children during the school week and Father having the children on the weekends. The conciliator recommends that a temporary order to that effect remain in place· The conciliator recommends the entry of an order in the form as attached.