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HomeMy WebLinkAbout07-4592TIMOTHY T. MCNATT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. AMY C. MCNATT, Defendant CIVIL ACTION -LAW CUSTODY CUSTODY COMPLAINT N O 1. Plaintiff is Timothy T. McNatt (hereinafter referred to as "Father") v~~as ~ ~" resided at 821 Pennsylvania Avenue, Lemoyne, Cumberland County, Pennsylvania,. > 43 ~ce ~~. Ln 37 July 28, 2007. ~ t r`' `? r. 2. Defendant is Amy C. McNatt (hereinafter referred to as "Mother") as ~, -~ m resided at 660-1 Genova Drive Mechanicsburg, Cumberland County, Pennsylvania 155 ~ ce ~ ,,; July 28, 2007. 3. The parties are the parents of Damian Nathanial McNatt, born 11/17/Ob and Father desires custody of the child. 4. The child was born during the marriage. 5. During the past five (5) years, the child has primarily resided with the following persons at the following address: Name and Relationship Address Approx. Dates Amy C. McNatt Chester Sanders step grandparent 660-1 Genova Drive July 28, 2007 to present Cheryl Sanders grandmother Mechanicsburg, PA child's uncle and child's cousin Amy C. McNatt 517 Quail Court Date of birth to 7/28!07 Timothy T. McNatt Mechanicsburg, PA 17050 6. The mother of the child is Amy McNatt. She is married. 7. The father of the child is Timothy McNatt. He is married. 8. The relationship of Plaintiff to the child is Father. Father resides with his parents. 9. The relationship of Defendant to the child is Mother. Mother resides with her mother, step-father, brother and nephew. 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. 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. 13. The best interest and permanent welfare of the child will be served by granting the relief requested. 14. Each parent whose parental rights to the child has not been terminated have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant him custody of the child. Respectfully submitted, BY: EM . HOFF AN, ESQUIRE Supreme Court I.D.# 66307 105 North Front Street Post Office Box 11475 Harrisburg, PA 17108-1475 (717) 233-1112 Attorney for Plaintiff DATED: 8/2/07 84151-1 VERIFICATION I, Emily Long Hoffinan, on behalf of Timothy T. McNatt, due to time constraints, hereby verify and state that to the extent that the foregoing document contains facts supplied by me, they are true and correct to the best of my knowledge, information and belief; however, to the extent that the foregoing document and/or its language is that of my client, I have relied upon the client in making this Verification. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Emily Long Hoffinan DATED: 8 ~ Z" O # ~ ~ ~ : v •`p .` ~ ~ ~ ~f~ .~. ~."_ ~ ~ C? t7 Z ~ +' f,J '' 7t~ _ W ~ r-~C` N ~~ ~ ~t r }~, ~~r' ~ C~ ~_2 ~ ~ ~ f'F7 '~-! ' ~ "'. TIMOTHY T. MCNATT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 07-4592 CIVIL ACTION LAW AMY C. MCNATT IN CUSTODY DF.FF,NDANT ORDER OF COURT AND NOW, Monday, August 13, 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 Friday, September 14, 2007 at 3:00 PM for aPre-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 ale 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, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn .Man an 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 ~~ ~~ ~ ~ ~~ ~ ~~ ~~ ~q ~ / ~ CO-~I ~ Cs~~/ ~ ~~ 4 ~ ~ TIMOTHY MCNATT, Plaintiff v AMY C. MCNATT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4592 CIVIL ACTION -LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Amy C. McNatt, in the above captioned case. Respectfully submitted, s a Holt Esquire i Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: ~~ t, ~... ~, TIMOTHY MCNATT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07-4592 CIVIL ACTION -LAW AMY C. MCNATT, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Amy C. McNatt, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Emily L. Hoffman, Esquire 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 Date: ~ ~ l~ J s~ca I~61st\ Esquire i Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 -n C~ ~ <. r ~~ ~- "• " cT •,-, ~~ G3 ' ~'~ C' 1}'. 1 i :.~ '~' ~ ~y1 . ~t` ~ ~Y ~ ~ ~ r . C~ ~ W D `~ SEP 171007n/ TIMOTHY`T: McNATT, : IN THE COURT OF COMMON PLEAS .Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-4592 Civil Term AMY C. McNATT Defendant :ACTION IN CUSTODY COURT ORDER AND. NOW, this.. ~8" day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Mother, Amy~C. McNatt, and the Father, Timothy T. McvNatt, shall share legal custody `af the Child, Damian N. McNatt, born 11 /17/06. The parties shall have an equal right to-make all major non-emergency decisions affecting the Child's general well-being including, but not lunited to, all d~isions regarding his: health,: educationand religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not invited to, medical, dental, religious or school records, the residence address of the. child and of the other parent. To the extent one pazent has possessicsn of any such records or information, that parent shall be required to share the same, or copies thereof, with the other pazent within such reasonable time: as to make the records and information of reasonable use to the other parent. 2. The `Mother shall have primary physical custody of the Child. 3. The Father ~slall -have partial physical custody of the Child as follows: a. Commencing September 15, 2007, Father shall have custody of the Child Saturday 10:00 am unti16:00 pm and Sunday from 10:00 am until 6:00 pm supervised. at paternal grandparents' house. Father shall have custody of Child~the next weekend Saturday September 22, 2007 from 10:00 am until 6:00 pm'and.Sunday from.10:00 am until 6:00 pm supervised at paternal grandparents' house. Commencing Wednesday September 26m, 2007, .:Father shall have custody every Wednesday from 5:00 pm until $:00 pm. Commencing October 6, 2007, Father shall have custody from 10:00 am Saturday until Sunday 6:00 pm. Mother shall have the following weekend. Father shall have the weekend of October 20, 2007 from 10:00 am Saturday through Sunday 6:00 pm. This schedule shall continue until further Orderof Court. b: Such other times as the parties shall mutually agree upon based upon direct. communication between Mother and Father. b'~Nb'i1~h5NN~d L ~., ~ f I W~ 81 d~5 ttl0l 1or~~.c 3~i ~o ~~~~E3 4. The Father shall provide ail transportation for the exchanges. It is specifically directed that there shall not. be any conflict between the parties and/or third parties during the custody exchanges. 5. The. parents are directed to communicate directly with one another in regard to any custodial matters. 6. 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 shall likewise assure, to the extent possible, that other household members. and/or house guests comply with this provision. 7. All major Holidays with the Child shall be alternated between the parents pursuant to the attached Holiday' schedule. 8. Vacation: The parties shall each have the opportunity to have two non- consecutive weeks of vacation each year with the Children. Each week shall be from "Saturday 9:00 am until the following Friday 9:00 pm. The parties are required to inform the other parent of their vacation plans at least 30 days advance in writing. 9. Telephone C€~ntact: Telephone contact between the Child and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. In the absence of agreement, the mon-custodial parent shall contact the Children at 8:30 Pm• 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after.the emergency is handled. 11. The parties shall refrain. from making derogatory continents about the other party in the presence of the Child, and to the extent possible, shall prevent third parties from making such comments in the presence of the Child. 12. 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. A status update conference is hereby'scheduted for November 15, 2007 at 2:00 pm. Cc: ~mily Hoffman, Esquire ~ssiea Holst, Esquire ~ ~J'ohn J. Mangan, Esquire tr ,~,. ti ° > ;a' ~" -..f"+,, r ! } `'„ . r ,iX F' ~ ~ ~' HOLIDAYS AND TIIWiFS EVEN ODD SPECIAiL DAYS YEARS YF~ARS Easter Day From 6 pin the evening before the Father Mother holiday to 6 pm the day of the hoiida Memorial Day From 6 gm the evening before the Mother Father holiday to 6 pm the day of the holida Independence' Day From 6 pm `the evening before the Father Mother holida to6 m the da of the holida Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holds Thanksgiving 1 From 6 pm he evening before Father Mother Half Thanksgiving Day to 3 pm on Thanks 'vin Da Thanksgiving 2n From. 3 pm on Thanksgiving Day to Mother Father half 6 m the da after Thanks 'vin Da Christmas 1`s Half From noon on 12/24 to noon on Father Mother 1'2/25. Christmas.2 Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holida Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holida . .' TIMOTHY' T. McNATT, Plaintiff v. AMY C. McNATT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4592 Civil Term 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 child who is the subject of this litigation isas follows: Name ~ Date of Birth Currently in the Custody of Damian N. McNatt. 1:1/17/06 Mother Date: September 17, 2007 ---'' Jo angan, E C to y Conciliat r 2. A Conciliation Conference was held on September 14, 2007 with the following individuals in attendance: 'The`Father TimothyMcNatt, with his counsel Emily Hoffman, Esquire The Mother, Amy McNatt, with her counsel, Jessica Holst, Esquire. 3. The parties agreed to the entry of an Order in the form as attached.