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HomeMy WebLinkAbout08-0427. ? ROBERT D. McCREADY Plaintiff, V. EMILY E. McCREADY Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08- CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Robert D. McCready, by and through his attorney, Mark F. Bayley, Esquire, and presents the following complaint for custody, representing as follows: 1. The Plaintiff, Robert D. McCready, is an adult individual residing at 907 Orange Street., Steelton, PA 17113. 2. The Defendant, Emily E. McCready, is an adult individual residing at 61R Autumn Lane, Enola, PA 17025. 3. Plaintiff seeks custody of the following child: Name Present Residence Elizabeth Ann McCready 61 R Autmn Lane, Enola, PA 4. The child was not born out of wedlock. Age D/OB 2 8/1/05 5. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with: Name Relationship Debra Brinkman Aunt Chuck Brinkman Step Uncle 6. The relationship of the Defendant to the children is that of natural mother. The child currently resides with the Defendant. 7. During the past five years the child has resided with: Name Address Date Defendant 61R Autumn Lane, Enola, PA Oct. 07-Present Defendant, Maternal 611 Golfview Dr., Mechanicsburg, PA Feb. 07-Oct. 07 Grandmother, Maternal Grandfather Plaintiff and Defendant Fort Benning, 466B Craig Dr., GA Birth to Feb. 07 8. A prior custody order was issued in Muscogee County, Georgia, docketed at SU- 07-DM-396-9. Plaintiff subsequently consented without admission to a protection from abuse order being issued in Cumberland County in January 2008 at civil docket 07-6972; said order states: [Mother] shall have primary physical custody of the minor child. [Father] shall have periods of partial physical custody every first and third weekend from Friday evening between 5-6 p.m. until Sunday at 5:00 p.m. and every Wednesday evening from 5:30 p.m. until 8:00 p.m. This order supersedes any prior order relating to child custody. The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth or any other state. 10. Other than as noted above, Plaintiff does not know of a person nor a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 11. The best interests and permanent welfare of the children require Plaintiff to have periods of physical custody which may be agreed upon at conciliation or otherwise be determined by the Court. The custody provisions made part of the recent protection from abuse order do not adequately address the current situation of the parties and child. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference. Date: `- Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Robert Mc ready, Plamtiff 77 ??'?' V\. ?`?, ?\ \ \, t V' ?' V ? ` n ? n t, -i.. -n t. r.:.. ..? 3""1 )?w` Chi { ? , r cj. ; ,? ' .... i C31 : ? . ?;.; ROBERT D. MCCREADY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EMILY E. MCCREADY DEFENDANT 2008-0427 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 25, 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 19, 2008 at 9:00 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. 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. Sunday, Esq. )Wj 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 4?2 r ? S AR 17 ral ROBERT D. McCREADY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-0427 CIVIL ACTION LAW EMILY E. McCREADY : Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Robert D. McCready, and the Mother, Emily E. McCready, shall have shared legal custody of Elizabeth Ann McCready, born August 1, 2005. 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 Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. The Father shall have partial custody of the Child on the first and third weekends of every month from Friday between 4:00 p.m. and 5:30 p.m. when the Father, or his mother if the Father is not off work in time, shall pick up the Child at daycare through Sunday at 5:00 p.m. B. The parties shall share having custody of the Child on the fifth weekend of the month, when applicable, with each party having a 24 hour period of custody, either from Friday through Saturday or Saturday through Sunday, with all exchanges to take place at 5:00 p.m. The parties shall alternate between having custody during the first and second half of the weekend beginning with the Father having the first segment. In the event the Father is working during his 01 :1 t, 4? 17, Lv H 819 02 aeHi . 0 portion of the fifth weekend, the.Father shall provide the Mother with at least 48 hours advance notice and the parties shall cooperate in coordinating the shared weekend based on the Father's work schedule. C. The Father shall have custody of the Child during weeks following the Father's weekends from Wednesday at 4:00 p.m. through Thursday morning when the Father shall transport the Child to daycare. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child on Wednesday from 4:00 p.m. until 8:00 p.m. D. When the Father is receiving custody of the Child at daycare for a period of custody, the Father's mother may pick up-the Child on his behalf if the Father is running late from work. In the event the Father is working the evening shift, the Father shall provide as much notice to the Mother as possible and the Mother shall retain custody of the Child. E. When exchanges of custody are not scheduled to take place at the Child's daycare, the place of exchange shall be the Wendy's restaurant on Erford Road in Camp Hill. 4. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from December 23 at 5:00 p.m. through December 25 at 9:00 a.m., and Segment B, which shall run from December 25 at 9:00 a.m. through December 27 at 5:00 p.m. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Alternating Holidays: In even numbered years, the Father shall have custody of the Child for Easter, July Fourth and Thanksgiving and the Mother shall have custody for Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Child for Easter, July Fourth and Thanksgiving, and the Father shall have custody for Memorial Day and Labor Day. The periods of custody on the alternating holidays shall run from the evening before the holiday at 5:00 p.m. through the day of the holiday at 5:00 p.m. C. Mother's DU/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day. The period of custody under this provision shall run from Saturday at 5:00 p.m. through Sunday at 5:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the vacation schedule. 5. Each party shall be entitled to have custody of the Child for two (2) non-consecutive weeks each summer upon providing at least thirty (30) days advance notice. Unless otherwise agreed, each party shall schedule vacation periods of custody to include his or her regular weekend period of custody. The parties shall cooperate in determining which parent will take vacation custody during the week in July when the Child's daycare is closed each year sixty (60) days in advance. If neither party is able to schedule a period of custody over this time period, the parties shall equally share having custody of the Child during that week, with the parent having custody of the Child for the preceding weekend to have the first half of the week and the other parent having custody of the Child from mid- week through that parent's regular weekend period of custody. 6. The Father's overnight periods of custody with the Child shall not take place at the paternal uncle's residence. 7. Both parties shall ensure that the Child has no contact with Carol and Ignacio Macias. 8. During periods of custody, neither party shall drink alcohol to the point of excess, use controlled substances, or smoke indoors, including inside the car, 9. Neither parent shall remove the Child from the Commonwealth of Pennsylvania during a period of custody without prior notice to the other parent of the location and telephone number where the Child can be contacted. 10. 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. 11. 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, this Order shall control. BY THE COURT, cc: Mark F. Bayley, Esquire - Counsel for Father ?Diane M. Dils, Esquire - Counsel for Mother COP F,S in..cLcc 3/?D?08 ROBERT D. McCREADY Plaintiff VS. EMILY E. McCREADY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-0427 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 Elizabeth Ann McCready August 1, 2005 Mother 2. A custody conciliation conference was held on March 13, 2008, with the following individuals in attendance: the Father, Robert D. McCready, with his counsel, Mark F. Bayley, Esquire, and the Mother, Emily E. McCready, with her counsel, Diane M. Dils, Esquire. 3. The parties agreed to entry of an Order in the form as attached. CA- 1,7, Date Dawn S. Sunday, Esquire Custody Conciliator