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HomeMy WebLinkAbout08-0367 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MYRA MARTIN, Plaintiff, vs. No. Q ?- 3 6 c) ?-, 1 -1 erg ANDREW MALONEY, Defendant, CIVIL ACTION CUSTODY COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, Myra Martin, by and through her attorney, William C. Felker, files this Complaint for Custody, and in support thereof, avers as follows: 1. Plaintiff is Myra Martin, an adult individual residing at 202 April Drive, Camp Hill, 17011, Cumberland. 2. Defendant is Andrew Maloney, an adult individual residing at 20 South Front Street, Lemoyne, 17043, Cumberland. 3. Plaintiff seeks custody of the following child: Name Present Address Date of Birth Madison Jean Maloney 202 April Drive, Camp Hill, PA 17011 07/20/2006 The child was born out of wedlock The child is presently in the physical custody of Plaintiff who resides at 202 April Drive, Camp Hill, Pennsylvania 17011 During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Plaintiff/Defendant 5022" Street, New Cumberland, PA birth - 1yr. Plaintiff/Defendant 20 South Front Street, Lemoyne, PA 1 - 16mo Plaintiff 202 April Drive, Camp Hill, PA 16mo - present Mother of the child is Myra Martin, currently residing at 202 April Drive, Camp Hill, 17011, Cumberland. I She is single. Father of the child is Andrew Maloney, currently residing at 20 South Front Street, Lemoyne, 17043, Cumberland. He is single. 4. The relationship of plaintiff to the child is that of mother. Plaintiff currently resides with the child and plaintiff's mother and father. 5. The relationship of defendant to the child is that of father. Defendant currently resides alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because since the child's birth Plaintiff has always and continues to act as child's primary caretaker. 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. I WHEREFORE, Plaintiff, Myra Martin, respectfully request this Honorable Court to grant her custody of the child. Date: January 16, 2008 Respectfully submitted, Attorney for Plaintiff William C. Felker, Esquire 67999 P.O. Box 1401 Camp Hill, PA 17001 (717) 512-0647 I, Myra Martin, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: January 16, 2008 Myra arti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MYRA MARTIN, Plaintiff, vs. : No. ANDREW MALONEY, : CIVIL ACTION Defendant, : CUSTODY/VISITATION CERTIFICATE OF SERVICE I hereby certify, that on the date set forth below, a true and correct copy of the foregoing Custody Complaint was served upon the party listed below by certified, return receipt, restricted delivery United States first class mail, to the following address: Andrew Maloney 20 South Front Street Lemoyne, Pennsylvania 17043 Date: January 16, 2008 Wm. C. Felkef Attorney for Petitioner 67999 P.O. Box 1401 Camp Hill, PA 17001 f? Q ? „J W r 1 sr d _ T`J ? MYRA MARTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-367 CIVIL ACTION LAW ANDREW MALONEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, January 22, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, February. 12, 2008 _ at 12:00 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. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. 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 44V oa .? B! T ++ '7 '7 I f s iaf"! , S MYRA MARTIN Plaintiff vs. ANDREW MALONEY Defendant 19 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-367 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT S? AND NOW, this ?k day of r , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered andirected as follows: 1. The Mother, Myra Martin, and the Father, Andrew Maloney, shall have shared legal custody of Madison Jean Maloney, born July 20, 2006. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody in accordance with the following repeating bi- weekly schedule: The Father shall have custody of the Child from Saturday at 11:00 a.m. through Wednesday at 8:30 a.m. The Mother shall have custody from Wednesday at 8:30 a.m. through Monday, when the Father shall pick up the Child after work. The Father shall have custody from Monday after work through Wednesday at 8:30 a.m. The Mother shall have custody from Wednesday at 8:30 a.m. through Saturday at 11:00 a.m. The Mother shall have custody of the Child when the Father is working during his periods of custody. The Father shall have custody of the Child when the Mother is working during her periods of custody. The repeating bi-weekly schedule shall begin with the Father having custody of the Child on Saturday, February 16 at 11:00 a.m. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day. C. Alternating holidays: The parties shall share or alternate having custody of the Child on Easter, Memorial Day, July Fourth, Labor Day, and Thanksgiving, with the specific arrangements to be arranged by agreement between the parties. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each parry shall be entitled to have custody of the Child for two non-consecutive weeks each year upon providing at least thirty (30) days advance notice to the other parent. Periods of custody under this provision shall be scheduled to include that party's regular weekend period of custody. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. 5. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 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 THE COURT, 1?k A? cc: `William C. Felker, Esquire - Counsel for Mother .Michelle L. Sommer, Esquire - Counsel for Mother aort -e c ,rn? t LCCL x/11/°6 A. M 1:1 I Z: I I INIJ I Z 833 90OZ -i Ta! ^ ,•^ rc•-a~?7 MYRA MARTIN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ANDREW MALONEY Defendant 2008-367 CIVIL ACTION LAW IN CUSTODY 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 Madison Jean Maloney July 20, 2006 Mother 2. A custody conciliation conference was held on February 12, 2008, with the following individuals in attendance: the Mother, Myra Martin, with her counsel, William C. Felker, Esquire and Christine Sheaffer, and the Father, Andrew Maloney, with his counsel, Michelle L. Sommer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator i, MYRA MARTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-367 CIVIL ACTION LAW ANDREW MALONEY IN CUSTODY DEFENDANT . ORDER OF COURT AND NOW, Monday, August 02, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 31, 2010 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 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/ Dawn S. Sunda 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 inforn~ation 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. to _t Cumberland County Bar Association i, $.• ~' ~O CQ, f-.~; c ~ (Y\C~ ~C..CJ 32 South Bedford Street ~ ~ ~, '_ ` k ;. ~ ~~~ Carlisle, Pennsylvania 17013 a -`` Telephone (717) 249-3166 ~ `J • • 10 IV c~tic.;~- Mo~- G2d ~-o ~ ca ~:~ _,. 0 ~: ~ `~- ',-; ~~ -; s~P ~ 7 zo~a MYRA MARTIN 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENN SYLVANIA vs. 2008-367 CIVIL ACTION LAW c ~- `~~', ANDREW MALONEY '~~ n ~ Defendant IN CUSTODY ~°~~ ~' ~"~ ~..- °. w . roc' ~:;; A ;~ -,-' ~~ ~ 1~ ORDER OF COURT ~ cx~ AND NOW. this ~th day of a @.~~GVh~A L~ .2010. upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by Deborah Salem or other professional selected by agreement. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child in light of current circumstances and also the Child's entry into school in the 2011- 2012 school year. The parties shall obtain a determination by the evaluator as to the appropriateness of a short form evaluation after the evaluator has had an opportunity to meet with each parent. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Father shall be responsible to pay the costs of the evaluation. 2. Pending completion of the evaluation and further agreement of the parties or Order of Court, the prior Order of this Court dated February 21, 2008 shall continue in effect. 3. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. BY THE COURT, M. L. Ebert, Jr. cc: iam C. Felker, Esquire -Counsel for Mother homas M. Clark, Esquire -Counsel for Father E S vri~ l Csr~. 6 Q~~~ _~~ MYRA MARTIN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ANDREW MALONEY Defendant 2008-367 CIVIL ACTION LAW IN CUSTODY Prior Judge: M. L. Ebert, Jr. 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 Madison J. Maloney July 20, 2006 Mother/Father 2. A custody conciliation conference was held on August 31, 2010, with the following individuals in attendance: the Mother, Myra Martin, with her counsel, William C. Felker, Esquire, and the Father, Andrew Maloney, with his counsel, Thomas M. Clark, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator MYRA MARTIN, IN THE COURT OF COMMON PLEAS O1 LL-- -, -1 PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAA A -_; V. .l-> w ANDREW MALONEY, DEFENDANT NO. 08-367 CIVIL == ?' IN RE: CUSTODY HEARING - a..? . . ORDER OF COURT AND NOW, this 9t' day of August, 2011, upon consideration of the attached Custody Conciliation Report, IT IS HEREBY ORDERED AND DIRECTED that a hearing regarding the school issue will be held on Tuesday, August 16, 2011, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that the hearing shall be limited to one hour for each party and initially address the school issue. Counsel for the parties shall file memorandum regarding the issue setting forth each party's position, a list of witnesses and a summary of the anticipated testimony of each witness by the close of business on Friday, August 12, 2011. William C. Felker, Esquire Counsel for Mother Fax: 7 3 D - y0'17 Thomas Clark, Esquire Counsel for Father Fax: 502-5050 Oopie-5 M 81101 bas By the Court, MYRA MARTIN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-367 CIVIL ACTION LAW ANDREW MALONEY Defendant IN CUSTODY Prior Judge: M. L. Ebert, Jr. 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 Madison J. Maloney July 20, 2006 Mother/Father 2. A custody conciliation conference on the Father's Petition for Modification was held on July 7, 2011, with the following individuals in attendance: the Mother, Myra Martin, with her counsel, William C. Felker, Esquire, and the Father, Andrew Maloney, with his counsel, Thomas M. Clark, Esquire. 3. The conference was scheduled as a follow-up to a custody evaluation that had been performed by Deborah Salem pursuant to the prior Order. As it was determined at the conference that further clarification was needed from the evaluator, it was agreed that this matter would be held open for a subsequent telephone conference between counsel and the conciliator. As it has now been finally established that the parties are not able to reach an agreement as to enrollment of the Child in school for the 2011-2012 school year, it will be necessary to hold a hearing. Due to the timing of the school issue, the conciliator obtained a hearing date directly from the Court which is reflected in the attached proposed Order. 4. The Father's position on custody is as follows: The Father believes that his home situation is more stable and beneficial for the Child. The Father is building a home in Perry County and although it is not finished, plans to obtain a residence within that school district so that the Child can begin kindergarten without having to change schools. The Father expressed concern that the Mother continues to reside in her parents' home where there had been issues with regard to her step father. The Father believes it is in the best interest of the Child to have a primary residence during the week for school purposes. 5. The Mother's position on custody is as follows: The Mother believes that it is best for the Child to begin school in the Camp Hill school district where she resides. The Mother indicated that she may be willing to consider the West Shore district where the Father is currently residing but opposes enrollment in Perry County as the custody schedule involves frequent exchanges. 6. The conciliator recommends an Order in the form as attached scheduling a hearing on the school issue. Date Dawn S. Sunday, Esquire Custody Conciliator