HomeMy WebLinkAbout07-54471 ~ ~ ~
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
MICHELLE L. McNULTY, Civil Action At Law---Custody
Plaintiff, Case No. D 9- SYy ~ ~,u,...
VS.
PATRICK B. McNULTY,
Defendant,
COMPLAINT FOR CUSTODY
1. The plaintiff is Michelle Lee McNulty, residing at 2b8 Redwood Lane, Carlisle,
17015, in the County of Cumberland Commonwealth of Pennsylvania.
2. The defendant is Patrick B. McNulty, who currently resides at 541 Bradford
Road, Linglestown, 17112 in the County of Dauphin Commonwealth of Pennsylvania.
3. Plaintiff seeks custody of the following children:
Name Addreas dob Aye
Mallory A. McNulty same address as Father's February 26 , 2007 3 Years
4. Mallory A. Mcnulty was born within wedlock.
5. The child is currently in the custody of Patrick B. McNulty whose current
residence is 541 Bradford Road, Linglestown, 17112 in the County of Dauphin
Commonwealth of Pennsylvania.
6. Since, August 17~', 2007, the child has resided with the father at 541 Bradford
Road, Linglestown, 17112 in the County of Dauphin Commonwealth of Pennsylvania
•
7. The biological mother of the child is Michelle L. McNulty, whose current address
is 268 Redwood Lane, Cazlisle, 17015, in the County of Cumberland Commonwealth of
Pennsylvania.
8. The mother is separated from he father, and has been since August 17a', 2007.
9. The father of the child is Patrick B. McNulty, and is currently residing at 541
Bradford Road, Linglestown, 17112 in the County of Dauphin Commonwealth of
Pennsylvania.
10. The father is sepazated from the Mother and remain married to the same.
11. The relationship of the plaintiff to the child is that of a biological Mother. The
Plaintiff currently resides with the following persons:
Name Relationshia
Gwendolyn Strom Biological Daughter
12. The 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.
13. The plaintiff has no other information of a custody proceeding concerning the
Children pending in a Court of this Commonwealth.
14. 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 children.
15. The best interest and permanent welfaze of the children will be served by Granting
the relief requested for the reasons as hereinafter recited:
(a) The child has resided with her mother since birth up to August 17a', 2007 in the
home where has had a sense of stability and predictability and within which her
physical and emotional needs were being fulfilled.
(b) The defendant father unilaterally, defiantly, and blatantly, abandoned the marital
residence taking with him the child, against the mother's wishes and absent her
consent or permission and moved in with his parents approximately forty minutes
away from the marital home.
(c) The father, has inflicted much distress upon mother to the extent that .his
departure left mother without custody of her child for a protracted period of time.
(d) The father, frustrated mother's ability to maintain communications with the father
subsequent to his departure from the marital home by changing his telephone
number and not providing the same to mother to facilitate communication relative
to his custody of the child. Furthermore, mother was adnionislaed by the paternal
grand-parents that they would press harassment charges against mother if she
called their residence attempting to talk to her daughter or their son.
(e) Father, while residing with mother, had loaded weapons within the marital home,
notwithstanding the child's presence. Father has since removed these weapons
but mother is currently unsure as to their location.
(f) Father has made promises to mother to reach an agreement for Joint Physical
Custody with the mother but heretofore has not implemented this verbal
representation as it relates to mother's level of actual custody with her daughter.
(g) The Mother has been since the child's birth, the primary caretaker and caregiver to
her child.
(h) The Child has been removed from a household within which she was raised since
her birth and where she has had consistent interactions with her Aunt and Maternal
Grand-Mother all of whom live within the same neighborhood and both of whom
have established a bond with the child since her birth.
(i) Plaintiff, believes and therefore avers that she can continue to provide a predictable
and stable lifestyle for which, the child has become accustomed and one that will
continue to be in the best interest of the child during her formative years and
throughout her life.
. .
WHEREFORE, Plaintiff Michelle A. McNulty, respectfully requests for the
aforementioned reasons, that the court grant and award him primary physical custody of
the children.
GREGORY
7
17) 790-5500
VERIFICATION
PA. 17055
I verify that the statements made in this Complaint aze true and correct. I
understand that false statements herein aze made subject to the penalties of 18 Pa.C.S.
& 4904 relating to unsworn falsification to authorities
Date•4 ~ 7
Michelle L. McNulty, Plaintif
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MICHELLE L. MCNULTY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 2007-5447 CIVIL ACTION LAW
PATRICK B. MCNULTY
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, September 19, 2007 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 23, 2007 at 10:30 AM
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 defne 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,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ac veline M. Verne 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
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MICHELLE L. McNULTY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. : N0.2007-5447 CIVIL ACTION -LAW ~/
PATRICK B. McNULTY,
Defendant : IN CUSTODY
PATRICK B. McNULTY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. : N0.2007-5467 CIVIL ACTION -LAW
MICHELLE L. McNULTY,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of ~ , 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. A Hearing is s he ed in Court Room N ~ , of the Cumberland
County Court House, on the ~g day of ~ , 200, at l• ~
o'clock, ~. M., at which time testimony will be taken. For purposes of this Hearing,
the Mother shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least ten days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the following
shall remain in full force and effect.
3. The Mother, Michelle L. McNulty and the Father, Patrick B. McNulty,
shall have shared legal custody of Mallory McNulty, born February 26, 2004. Each
pazent 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 her 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 child including, but not limited to medical, dental, religious or school
records, the residence address of the child and the other pazent. To the extent one pazent
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 pazent. Both parents shall be
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entitled to full participation in all educational and medical/treatment planning meetings
and evaluations with regard to the minor child. Each parent shall be entitled to full and
complete information from any physician, dentist, teacher or authority and copies of any
reports given to them as parents including, but not limited to: medical records, birth
certificates, school or educational attendance records or report cards. Additionally, each
pazent shall be entitled to receive copies of any notices which come from school with
regard to school pictures, extracurricular activities, children's parties, musical
presentations, back-to-school nights, and the like.
4. Father shall have primary physical custody of the child.
5. Mother shall have periods of partial physical custody as follows:
A. Three weekends out of four, from Friday at 4:00 p.m. to Monday at
4:00 p.m.
B. When Mother is scheduled to have the child on the weekend, she shall
have physical custody of the child on the preceding Wednesday from
4:00 p.m. to 8:00 p.m.
C. When Mother does not have physical custody on the weekend, she
shall have physical custody of the child on the preceding Tuesday and
Thursday from 4:00 p.m. to 8:00 p.m.
D. During Mother's periods of overnight physical custody, maternal
grandmother shall sleep over at Mother's home.
E. Mother's weekends shall begin November 2, 2007 and she shall have
the following weekend thereafter. Father shall have the following
weekend and then Mother shall have the next four weekends, then the
regular 3 weekends for Mother and one for Father shall begin.
6. Thanksgiving shall be shared with Mother having physical custody of the
child from 9:00 a.m. to 3:00 p.m. and Father having physical custody of the child from
3:00 p.m. to 9:00 p.m.
7. Christmas shall be divided into two Blocks. Block A shall be from
Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from
Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A
in 2007 and Mother shall have Block B in 2007.
8. The parties shall cooperate with family counseling.
9. Father shall be responsible for all transportation.
10. Neither party may smoke in the presence of the child.
11. Neither party shall do anything, nor permit a third party from doing
anything that may estrange the child from the other party, or injure the opinion of the
child as to the other party, or may hamper the free and natural development of the child's
love or affection for the other party.
12. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control. Either party may contact the
Conciliator for another Conciliation Conference prior to the hearing date.
BY THE COURT,
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J.
cc: egory S. Hazlett, Esquire, counsel for Mother
~izabeth B. Stone, Esquire, counsel for Father
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MICHELLE L. McNULTY,
Plaintiff
V.
PATRICK B. McNULTY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007-5447 CIVIL ACTION -LAW
IN CUSTODY
PATRICK B. McNULTY,
Plaintiff
V.
MICHELLE L. McNULTY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007-5467 CIVIL ACTION -LAW
IN CUSTODY
PRIOR JUDGE: Edward E. Guido, J.
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
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Mallory McNulty February 26, 2004 Mother
2. A Conciliation Conference was held October 23, 2007 with the following
individuals in attendance: The Mother, Michelle L. McNulty, with her counsel, Gregory
Hazlett, Esquire, and the Father, Patrick B. McNulty, with his counsel, Elizabeth B.
Stone, Esquire.
3. The Honorable Edward E. Guido previously entered a Temporary PFA
Order at Docket No. 2007-6044. A hearing was scheduled for October 22, 2007 but was
continued to an unknown date. The Temporary PFA awarded temporary custody of the
child to Mother.
4. Mother's position on custody is as follows: Mother seeks shared legal and
shared physical custody. Mother asserts that before she was injured, she was the primary
custodian of the child and after her injury she and her mother were the primary
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custodians of the child. Mother is currently on pain medication, but denies that it makes
her groggy.
5. Father's position on custody is as follows: Father seeks shared legal and
primary physical custody with Mother having three weekends per month. Father claims
that Mother is on 10 medications that make her groggy, posing a safety risk for the child.
Father asserts that Mother smokes and nods off to sleep with a lighted cigarette.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and granting shared legal custody, Father having primary physical custody and
Mother having three weekends out of four, including overnights as long as maternal
grandmother stays in the home overnight. It is expected that the Hearing will require one
day.
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Date
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ac line M. Verney, Esquire
Custody Conciliator
fvs.Qela.en~i 217N~12kl~.l.prrdpe, su, ,rod
C+wad ~Mo+ot O:oNat
Rnied: IAVOA 7iSAp
Hubert X. Gi lzoy, Esquire
I.D. 29943
Katie J. Maxwell, Esquire
I.D. 206018
MARTSON DEARDORFI~ WiLLiAMS OTTO GILROY Bt FALLER
10 East High Street
Carlisle, PA 17013
{717)243-3341
Attorneys foz Defendant
M1CHF,'LLE L. MCNULTY IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,1'ENNSYLVANIA
v. N0.2447-5447
CIVIL ACTION -LAW
PATRICK B. MCNULTY
Defendant ; JURY 'TRIAL DEMANDED
TO THE PROTHONOTARY:
Pleaec withdrawal the agpearance of Stone, I~bFaver & 5hckletski an behalf of Patrick B.
McNulty in the above matter. .
STONE, I~'FAVER &
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Eli2abath B
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N'etiv Cumberl A 17070
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Enter the appearance of M~T30N DEARi)ORFF WILI,IAMS OTTO GILROY ANA
FALLER ors behalf of Patrick B. McNulty in tree above matter.
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late: ~~~ ~ a $
Hubert X. cnydy , Esquire
1.D. No. 299443
Ten East High. 3trext
GarlislE, PA 17013
{717)343-3341
Attorneys for De#'endaat
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Michelle McNulty, : IN THE COURT OF COMMON FLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO.07-5447 CIVIL ACTION-LAW
Patrick McNulty, .
Defendant : IN CUSTODY
Patrick McNulty, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 07-5467 CIVIL ACTION-LAW
Michelle McNulty,
Defendant : IN CUSTODY
WITHDRAWAL AND ENTRY OF APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
PLEASE withdraw my appearance as attorney of record for Michelle McNulty, in
the above captioned matter.
Date:
PLEASE enter the appearance of the Family Law Clinic as attorney of record on
behalf of Michelle McNulty, in the above captioned matter.
Date: ~~~ ~~
ectfully submitted by:
uchika
Certified Legal Intern
MEGAN RIESMEYER,
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
Fax: 717-243-3639
Michelle McNulty, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 07-5447 CIVIL ACTION-LAW
Patrick McNulty,
Defendant : IN CUSTODY
Patrick McNulty, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO.07-5467 CIVIL ACTION-LAW
Michelle McNulty,
Defendant : IN CUSTODY
AFFIDAVIT OF SERVICE
I, Ruchika Gupta, hereby certify that this day I am personally serving a true and correct copy
of the foregoing Praecipe for Withdrawal and Entry of Appearance, on Gregory Hazlett, Esq., at 7
West Main Street Mechanicsburg, PA 17055 and Hubert Gilroy, Esq., at 10 East High Street
Carlisle, PA 17013, by first class mail, postage prepaid.
Date: ~'` ~ (~
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Ruchika Gupta-'`
Certified Legal Intern
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MICHELLE L. McNULTY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
VI. : N0.2007-5447 CIVIL ACTION -LAW ~~
PATRICK B. McNULTY,
Defendant : IN CUSTODY
PATRICK B. McNULTY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
VI. : N0.2007-5467 CIVIL ACTION -LAW
MICHELLE L. McNULTY,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW this ~ da of
y , 2009, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated October 25, 2007 shall remain in full force
and effect with the following modifications.
2. During the school year, Mother shall have the following periods of partial
physical custody:
A. Three out of four weekends from Friday at 3:00 p.m. to Sunday at 7:00
p.m., except when Mother's weekend coincides with a Monday school
holiday, in which case Mother shall have physical custody of the child
until Monday at 7:00 p.m.
B. Every Wednesday from 3:00 p.m. to 7:00 p.m.
3. During the summer, the parties shall have shared physical custody on a
week on/week off basis with the exchange day and time being Sundays at 7:00 p.m.
Mother shall have the first week after school recesses for the summer. Father shall have
the last full week before school begins.
4. Holidays shall be alternated:
A. Thanksgiving shall be from Wednesday at 7:00 p.m. to Thursday at
7:00 p.m. Father shall always have odd numbered years and Mother shall always
have even numbered years.
B. Christmas shall include the first day after school recesses to the day
before school resumes. The Christmas holiday shall be equally divided between
the parties with Mother having the first half in odd numbered years and the
second half in even numbered years. Father shall have the first half in even
numbered years and the second half in odd numbered years.
C. Easter shall be from Saturday at 7:00 p.m. to Sunday at 7:00 p.m.
Father shall always have even numbered years and Mother shall always have odd
numbered years.
5. The non-custodial parent shall have reasonable telephone contact with the
child.
6. 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.
BY ~E COURT
Edward E. Guido, J.
c~ K 'e J. Maxwell, Esquire, Counsel for Father
~~~ r~ystal McIntyre, certified legal intern, Counsel for Mother
Megan Riesmeyer, Esquire, Family Law Clinic
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MICHELLE L. McNULTY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. : N0.2007-5447 CIVIL ACTION -LAW
PATRICK B. McNULTY,
Defendant : IN CUSTODY
PATRICK B. McNULTY,
Plaintiff
V.
MICHELLE L. McNULTY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007-5467 CIVIL ACTION -LAW
IN CUSTODY
PRIOR JUDGE: Edward E. Guido, J.
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
Mallory McNulty
DATE OF BIRTH CURRENTLY IN CUSTODY OF
February 2, 2004 Father
2. A Conciliation Conference was held in this matter on October 6, 2009,
with the following in attendance: The Father, Patrick B. McNulty, with his counsel, Katie
J. Maxwell, Esquire, and the Mother, Michelle L. McNulty, with her counsel, Krystal
McIntyre, certified legal intern, and Megan Riesmeyer, Esquire, Family Law Clinic.
3. The Honorable Edward E. Guido entered an Order of Court dated October
25, 2007 providing for shared legal custody, Father having primary physical custody and
Mother having periods of partial physical custody three out of four weekends and
evenings during the week.
4. The parties agreed to an Order in the form as attached.
Date: ld ' ~ D ~~' ~~
ac line M. Verney, Esquire
Custody Conciliator