HomeMy WebLinkAbout07-6634' l
TIMOTHY D. BOOK,
Petitioner
V.
CHRISTINA M. BOOK and
TAMMY Y. MONTIEF,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
• 2007- 6 (e 3 y CIVIL TERM
IN CUSTODY
PETITION FOR CUSTODY
AND NOW comes the Petitioner, Timothy D. Book, by his attorneys, Irwin &
McKnight, and presents the following Petition for Custody:
1.
The Petitioner is Timothy D. Book with an address of 105 Greenwood Drive, New
Cumberland, Cumberland County, Pennsylvania 17070.
2.
The Respondent is Christina M. Book, The Meadows, 132 Meadow Drive, Centre Hall,
Pennsylvania 16828.
3.
The Respondent is Tammy Y. Montief, 101 Red Bud Drive, Clayton, North Carolina
27520.
4.
The Petitioner, Timothy D. Book, and the Respondent, Christina M. Book, are the natural
parents of one minor child, namely, Alyssa Mae Book, born March 4, 2001.
5.
On Saturday, October 27, 2007, Respondent, Tammy Y. Montief, sister of Respondent,
Christina M. Book, took said minor child and traveled to Clayton, North Carolina where
Respondent, Tammy Y. Montief, resides.
6.
The Petitioner, Timothy D. Book, did not give his parental consent for the Respondent,
Tammy Y. Montief, to take said minor child to North Carolina.
7.
The Petitioner desires shared legal custody of the said minor child, Alyssa Mae Book.
8.
The Petitioner desires primary physical custody of the said minor child with periods of
temporary physical custody to Respondent, Christina M. Book, as the parties can agree.
9.
The Petitioner desires the Court to require Respondent, Tammy Y. Montief, to return said
minor child to Pennsylvania.
The best interests and permanent welfare of the minor child requires that the Court grant
the Petitioner's request as set forth above.
WHEREFORE, the Petitioner, Timothy D. Book, respectfully requests that Alyssa Mae
Book be returned to Pennsylvania, and that he be awarded primary physical custody with shared
legal custody of Alyssa Mae Book as provided herein, with periods of temporary physical
custody to Defendant, Christina M. Book as provided herein.
Respectfully submitted,
IRWIN &
By:
Marc A. M IC III, Esquire
Attorney for Pla
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
Date: October 31, 2007 (717) 249-2353
Supreme Court I. D. No. 25476
VERIFICATION
The foregoing Petition 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 unsworn falsification to authorities.
TIMOTR-Y B WOK
Date: October 31, 2007
4
U
O w °
C>N
41,
TIMOTHY D. BOOK,
Petitioner
V.
CHRISTINA M. BOOK and
TAMMY Y. MONTIEF,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: 2007- 66 3q CIVIL TERM
IN CUSTODY
PETITION FOR SPECIAL EMERGENCY RELIEF
AND NOW, this 31 st day of October 2007, comes the Petitioner, Timothy D. Book, by
his attorneys, IRWIN & McKNIGHT, and makes the following Petition for Special Emergency
Relief against the Respondents, Christina M. Book and Tammy Y. Montief, as follows:
1.
The Petitioner is Timothy Book with an address of 105 Greenwood Drive, New
Cumberland, Cumberland County, Pennsylvania 17070.
2.
The Respondent is Christina M. Book, The Meadows, 132 Meadow Drive, Centre Hall,
Pennsylvania 16828.
3.
The Respondent is Tammy Y. Montief, 101 Red Bud Drive, Clayton, North Carolina
27520, the sister of Respondent Christina M. Book.
4.
The parties are the natural parents of one minor child, namely, Alyssa Mae Book, born
March 4, 2001.
2
5.
The Respondent, Christina M. Book, mother of said minor child, has a long history of
mental health problems On or about October 26, 2007, she threatened to do harm to a family she
was staying with and her daughter, Allysa Mae Book.
6.
On or about October 26, 2007, the Respondent, Christina M. Book, was placed in a
mental health facility known as "The Meadows" at Centre Hall, Pennsylvania 16828.
7.
On Saturday, October 27, 2007, Tammy Y. Montief, sister of the Respondent, Christina
M. Book, took said minor child and traveled to Clayton, North Carolina where Respondent,
Tammy Y. Montief, resides.
8.
The Petitioner, Timothy D. Book, was not consulted nor did he give consent for the
Respondent, Tammy Y. Montief, to take his child to her home in North Carolina.
9.
The Commonwealth of Pennsylvania has jurisdiction of this case, the parents and the
minor child having resided in the Commonwealth from the date of the child's birth on March 41
2001.
10.
No judge has ruled upon this case or any other issue in the same or related matter.
11.
The Respondents, Christina M. Book and Tammy Y. Montief, could not be reached for
their concurrence or nonconcurrance to this Petition.
3
WHEREFORE, the Petitioner, Timothy Book, seeks the immediate return of Alyysa
Mae Book to his custody pending the hearing of this case.
Respectfully submitted,
IRWIN &
By:
Date: October 31, 2007
Marcus . Mc ltnight, II Esquire
60 West omfr t Street
Carlisle, PA 1701
717-249-2353
Supreme Court I.D. No: 25476
Attorney for the Petitioner,
Timothy Book
4
VERIFICATION
The foregoing Petition 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 unsworn falsification to authorities.
TIMOTHY BO {
Date: October 31, 2007
4
Q ?
^^V
E.
_
F
cz
C?
n
TIMOTHY D. BOOK IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 2007-6634 CIVIL ACTION LAW
CHRISTINA M. BOOK AND TAMMY Y.
MONTIEF IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, November 07, 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 Monday, December 10, 2007 at 2:00 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 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/ john. Man an r. Es .
jwt
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
?P? /vv -?, a, C/ . ,
"AA4
LUR
TIMOTHY D. BOOK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTINA M. BOOK and
TAMMY Y. MONTIEF,
Defendant/Respondent 07-6634 CIVIL
ORDER OF COURT
AND NOW, this 19th day of November, 2007, upon consideration of the Petition for
Emergency Relief filed by the Plaintiff,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A rule is issued upon the Defendants to show cause why the relief requested should
not be granted;
2. The Defendants will file an answer to this petition on or before
November 29, 2007;
3. A copy of said answer will be filed with this Court;
4. A hearing on the above matter will be heard on Friday, December 14, 2007, at
2:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
The child shall be present at the Courthouse for this hearing.
By the Court,
M. L. Ebert, Jr.,
Marcus A. McKnight, III, Esquire
Attorney for Plaintiff
Christina M. Book
132 Meadow Drive
Centre Hall, PA 16828,,?/,/? -b 7
Tammy Montief
101 Red Bud Drive
Clayton, NC 27520
bas
mNW,33NN3d
(nry
4 d .? d 61 ?al? 01,
TIMOTHY D. BOOK, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
CHRISTINA M. BOOK and NO. 2007 - 6634 CIVIL TERM
TAMMY Y. MONTIEF,
Respondents IN CUSTODY
SETTLEMENT PETITION
AND NOW, this 4th day of December 2007, comes the Petitioner, TIMOTHY D.
BOOK, by his attorney, Marcus A. McKnight, III, Esq., of Irwin & McKnight, and makes the
following Petition for the settlement of this Custody Petition:
1.
The Petitioner is Timothy Book with an address of 105 Greenwood Drive, New
Cumberland, Cumberland County, Pennsylvania 17070. He is the natural father of Alyssa Mae
Book, born March 4, 2001, age 6. He is represented by Marcus A. McKnight, III, Esq.
2.
The Respondent, Christina M. Book, is currently living in a residential mental health
treatment facility known as The Meadows, 132 Meadow Drive, Centre Hall, Pennsylvania
16828. She is the natural mother of Alyssa Mae Book. She is not represented by counsel.
3.
The Respondent, Tammy Y. Montief, the sister of Respondent, Christina M. Book,
resides at 101 Red Bud Drive, Clayton, North Carolina 27520. She is represented by Michelle L.
Sommer, Esq.
2
4.
The parties reached an agreement as indicated in a letter to Michelle L. Sommer, Esq.
Dated November 30, 2007, a copy of which is marked as Exhibit "A" and is attached to this
Petition.
5.
The agreement was confirmed in a letter from Michelle L. Sommer, Esq., dated
December 3, 2007, a copy of which is marked as Exhibit "B" and is attached to this Petition.
6.
The parties seek an Order of Court which cancels the hearing set for Friday, December
14, 2007, at 2:30 p.m. in Courtroom #4 and provides for custody of Alyssa Mae Book as the
parties agree is in her best interest at this time.
WHEREFORE, the Petitioner, Timothy D. Book, respectfully requests an Order of
Court in the form attached to this Petition.
Respectfully submitted,
IRWIN cKNIG T
to
By:
Marcus . Mc I squi
60 West om Street
Carlisle, P 7013
717-249- 53
Supreme ourt I.D. No: 2547
Attorney fo ,
Timothy Book
Date: December 4, 2007
3
EXHIBIT "A"
LAW OFFICES
IR WIN & McKNI GHT
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
ROGER B. IRWIN CARLISLE, PENNSYLVANIA 17013-3222
MARCUS A. McKNIGHT. III
DOUGLAS G. MILLER (717) 249-2353
STEPHEN L. BLOOM FAX /717) 249-6354
MAT771EW A. MCKVIGHT WWW.IRWINMCKNIGHT. COM
November 30, 2007
YIA FACSIMILE 249-3344 & REGULAR MAIL
MICHELLE L. SOMMER, ESQUIRE
ABOM & KUTULAKIS
36 SOUTH HANOVER STREET
CARLISLE, PA 17013
RE: TIMOTHY D. BOOK
V.
CHRISTINA M. BOOK and TAMMY Y. MONTIEF
Dear Ms. Sommer:
HAROLD S. IRWIN (1925-1977)
HAROLD S. IRWIN, JR (1954-1986)
IRWIN, IRWIN & IRWIN (1956-1986)
IRWIN. IRWIN & McKWGHT (1986-1994)
IRWIN. McKNIGHT & HUGHES (1994-2003)
IRWIN & MCKNIGHT (2003- )
FILE COPY
I spoke to my client, Timothy D. Book, and he agreed that the conversation with Tammy Y.
Montief went well. We will not be withdrawing the request for special relief but seek a Court Order
which does the following:
1. Alyssa Mae Book will be returned to father, on Saturday, December 22, 2007, at a time
and location to be established by Tammy Y. Montiff and Timothy D. Book.
2. Father will have primary physical and legal custody of Alyssa with temporary custody to
Christina M. Book as the parties agree.
3. The mother, Christina M. Book, may request a conciliation conference with the
conciliator, John J. Mangan, Jr., when she is released from treatment.
Alyssa will be attending Fishing Creek Elementary School when she returns to father's custody.
If your client will agree to the above we can submit the request to Judge Ebert for a Court Order
and avoid the hearing set for December 14, 2007.
Very truly yours,
IRWIN cKNIGHT
Marcu A. M ht, III
MAM:clc
cc: Mr. Timothy D. Book
EXHIBIT "B"
IOM &
uTuLAKIs
ATTORNEYS AT 1.AW
December 3, 2007
SENT VIA US MAIL AND FACSIMILE TO (717) 249-6354
Marcus A. McKnight, III
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Re: Timothy Book Y. Christina M. Book & Tammy Y Montiej
Docket Na: 07-6634
File No.: 07-365
Dear Attorney McKnight:
I have spoken to Mrs. Montief and she is an agreement wM your proposal for the Court
Order to be submitted to Judge Ebert Please let me know as soon as this is resolved and the
hearing is cancelled so that I may let her know. If for some reason we would need to have the
Hearing on the 14d, I would like requcst that she participate via telephone. Mrs. Monteef has
already cancelled one plane ticket at a substantial financial loss and I would hate to have her try
to schedule another flight at such short notice. However, I do not believe that this will not be an
issue.
Thank you for your assistance with this matter, I believe this was the best outcome for
Alyssa. I loop forward to hearing from you soon.
Very truly yours,
A.bom A Katulakis, L.L.P.
Michelle L. ommer
cc: Mrs. Tammy Montief
RFrLY To..
36 &1urm 14ANO R STUNT
•O NcIL%T;4 Swcwn STPZPT C Ahr raf r. VA 17m2
TIMOTHY D. BOOK, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
CHRISTINA M. BOOK and NO. 2007 - 6634 CIVIL TERM
TAMMY Y. MONTIEF,
Respondents IN CUSTODY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Michelle L. Sommer, Esq. Ms. Christina M. Book
Abom & Kutulakis The Meadows
36 South Hanover Street 132 Meadows Drive
Carlisle, PA 17013 Centre Hall, PA 16828
Attorney for Tammy Y. Montief Respondent
John J. Mangan, Jr., Esq.
Custody Conciliator
17 West South Street
Carlisle, PA 17013
IRWIN &
By: Marcus . . t, III, Lis,
60 West to:, t Street
Carlisle, PA 17013
(717) 249-23
Supreme Court I.D. No. 25476
Date: December 4, 2007
4
r-, rA`J
Sill
? Sf7?
DEC 0 42007[Ay
TIMOTHY D. BOOK, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
CHRISTINA M. BOOK and NO. 2007 - 6634 CIVIL TERM
TAMMY Y. MONTIEF,
Respondents IN CUSTODY
ORDER OF COURT
AND NOW, this ? day of December 2007 upon presentation and consideration of
the attached Settlement Petition, it is hereby Ordered and Directed that the following be entered
as an Order of Court:
1.
The minor child, Alyssa Mae Book, born March 4, 2001, will be returned by Tammy Y.
Montief to the father, Timothy D. Book, on Friday, December 22, 2007, at a time and location to
be agreed upon by the parties.
2.
The father, Timothy D. Book, will have legal and physical custody of Alyssa Mae Book.
3.
Upon the completion of treatment at The Meadows, the mother, Christina M. Book, will
have periods of temporary physical custody of Alyssa Mae Book as the parties agree is in the
best interest of the child. The mother may request a custody conciliation conference from John J.
Mangan, Jr., Esq., the assigned Custody Conciliator, 17 West South Street, Carlisle, PA 17013.
4.
The hearing scheduled for Friday, December 14, 2007, at 2:30 p.m. in Courtroom
Number 5 is cancelled and the Order of Court dated November 19, 2007 is hereby vacated.
By the Court,
Nr-t
M. . Ebert, Jr., J
Marcus A. McKnight, III, Esq.
Attorney for Petitioner, Timothy D. Book
Michelle L. Sommer, Esq.
Attorney for Respondent, Tammy Montief
Ms. Christina M. Book, Respondent
John J. Mangan, Jr., Esq., Custody Conciliator
«? s?o7
1 •8 S- 310 LOOZ
qt `r' 1 D jo