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HomeMy WebLinkAbout08-0441JEAN D. FIEMAN Plaintiff Vs. KRISTEN L. BALDWIN and BRANDON REIHL Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. C? ?' ?y? Gavj? ?'?•? : IN CHILD CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 JEAN D. FIEMAN Plaintiff VS. KRISTEN L. BALDWIN and BRANDON REIHL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. &7,f- q y I CGc / T.46? IN CHILD CUSTODY COMPLAINT FOR PARTIAL CUSTODY AND/OR VISITATION AND NOW, comes Plaintiff, Jean D. Fieman, by and through her counsel, Linda A. Clotfelter, who files this Complaint for Partial Custody and/or Visitation, and in support thereof respectfully states as follows: 1. Plaintiff is Jean D. Fieman, (hereinafter referred to as "Grandmother"), an adult individual who resides at 222 West Locust Street, Enola, Cumberland County, Pennsylvania 17025. Grandmother is the maternal grandmother of the child that is the subject of this proceeding. 2. Defendant, Kristen L. Baldwin, (hereinafter referred to as "Mother"), is an adult individual who currently resides at 416 Orchard Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Thomas Brandon Reihl, (hereinafter referred to as "Father"), is an adult individual who currently resides at 910 Nixon Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. Grandmother seeks partial custody and/or visitation of Julian R.L. Baldwin, born August 13, 2003, age (4) years. The child was born out of wedlock. 5. The child is presently in the custody of Mother who resides at 416 Orchard Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 6. During the past four years, the child has resided at the following addresses for the following periods of time: NAME ADDRESSES DATES Kristen L. Baldwin Kristen L. Baldwin Kristen L. Baldwin Roommate Lynn 69 R. Autumn Lane Enola, Cumberland County 239 North Street Apt # 3 Harrisburg, Dauphin County 416 Orchard Lane Mechanicsburg, Cumberland County Birth - 2005 2005 -11/2007 11/2007 - present 7. The relationship of the Plaintiff to the child is that of natural maternal grandmother. The relationships of Defendants to the child are natural Mother and Father. The Defendant/Mother resides with the child and some roommates and Defendant/Father resides with Elaine Reihl, the child's paternal grandmother. 8. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the child. 9. 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. 10. The best interests and permanent welfare of the Child will be served by granting the relief requested for the following reasons: a) It is important for the Child's social and emotional development to have a relationship with his grandmother and other extended family, and despite a prior regular relationship, Mother has recently demanded that any visits take place in Mother's home and she has also ignored many of Grandmother's attempts to contact her to arrange to see the Child. b) There were no problems with Grandmother spending time with the child until just over two months ago although Grandmother was previously listed on the daycare list as an authorized individual to pick up the Child. In addition, Grandmother has cared for the child overnight and the Child has bonded with her during her monthly visits to Pennsylvania from Massachusetts specifically to see the child. c) Because of the prior relationship Grandmother had with the child she feels it is important to have time with him so that throughout his life the child knows that his Grandmother is there for him. d) Grandmother feels strongly about participating as fully as possible in the child's life to the extent that is permitted by Pennsylvania law so that the child is able to know who she is. e) Due to Mother's repeated conduct in controlling Grandmother's time with the Child including dictating when and how any visits occur, and more recently due to Mother's repeated refusal to respond to Grandmother's emails and telephone calls regarding possible time with the Child, it appears that the only way that Grandmother will have any quality time with the Child as she had been permitted to do in the past without Mother's involvement is to have a Court Order entered awarding Grandmother specific time with the Child. f) If Grandmother's requests are granted, then the Child would be able to share regular quality time with his Grandmother for regular visits, holiday time, vacation time and other times in a comfortable environment without interference from Mother, Mother's family, and Mother's friends who are typically present at Mother's home when Grandmother is forced to see the Child there with Mother in control of the visit. WHEREFORE, Plaintiff, Jean D. Fieman, respectfully requests that this Court enter an order for regular partial custody and/or visitation with the child, Julian R.L. Baldwin, including some holiday, vacation and birthday time, and granting such other relief as this court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER 2It nda A. Clotfelter, Esquire torney ID No. 72963 5021 East Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff JEAN D. FIEMAN Plaintiff VS. KRISTEN L. BALDWIN and BRANDON REIHL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CHILD CUSTODY VERIFICATION I, Jean D. Fieman, verify that the statements in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ?_ u N??o% JE D. FIEMAN t .? ?, ^?. G7 JEAN D. FIEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-0441 CIVIL ACTION LAW KRISTEN L. BALDWIN AND BRANDON REIHL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, January 23, 2008 , 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 Thursday, February 14, 2008 at 10:00 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/ ohn . Mangan, t. Es q. 1, 4\ 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 -; ?. , •,? ?,, yy? ,(?, ''i ,.. ,, 1\J jq ? ?J' t ? . -.-A v 1VL FEB 212008 ? y JEAN D. FIEMAN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTEN L. BALDWIN and THOMAS B. RIEL Defendants : No. 08-0441 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this k day of February, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the I) V- day of -JcO 2008 at 1: 30 --fpm in Courtroom number 5 in the Cumberlajnd Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Maternal grandmother shall be deemed to be the moving parry 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. Visitation: Maternal grandmother shall have visitation with Julian Baldwin as follows: a. On 2/23/08, Maternal grandmother shall visit with Julian from 1:00 pm until 3:00 pm at Mother's residence, unless the parties mutually agree otherwise. b. On 2/25/08 at 11:00 am, a conference call shall be initiated by the assigned conciliator to ascertain how the visit went on 2/23/08. C. If the parties are in agreement that the 2/23/08 visit went well, a subsequent visit at a neutral location shall occur for two hours (or greater by agreement) during Mother's physical custody period. In the absence of agreement, Chuck E. Cheese Restaurant/Playland shall be designated as the location. d. Maternal grandmother shall have additional periods of time with Julian as the parties may mutually agree. 3. Counseling: Maternal grandmother shall initiate getting counseling started between herself and Mother. Mother shall cooperate in assisting in scheduling a mutually agreeable time and date for the sessions. Mother and Maternal grandmother shall mutually agree to a counselor; in the absence of agreement, 40 Scheinvold and Associates are designated as the counseling professionals. Both Mother and Maternal grandmother are directed to participate in said counseling and are to be guided by the counselor's recommendations. 4. This Order is entered pursuant to a conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. Cc: Z Keith Brenneman, Esq. ?John Kerr, Esq. t/finda Clotfelter, Esq. john J. Mangan, Esq. Aft. 0 "D r ?? V J JEAN D. FIEMAN V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA KRISTEN L. BALDWIN and THOMAS B. RIEL Defendants : No. 08-0441 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 is as follows: Name Date of Birth Currently in the Custody of Julian R. Baldwin 8/13/2003 Mother and Father 2. A Conciliation Conference was held on February 14, 2008 with the following individuals in attendance: The Father, Thomas Riel, pro se for this conference, but represented by Keith Brenneman, Esq. The Mother, Kristen Baldwin, with her counsel John Kerr, Esq. appeared telephonically The Maternal grandmother, Jean D. Fieman, with her counsel, Linda Clotfelter, Esq. 3. It is initially noted that the instant custody complaint designates the Father as "Brandon Reihl" whereas the legal name of Father is "Thomas Brandon R.iel" and the caption has been modified to reflect the correct name. 4. Of further note is that the Honorable M. L. Ebert, Jr., J. has been involved in a prior custody action between Mother and Father. 5. Father's position on the instant custody complaint is as follows: Father does not necessarily oppose Maternal grandmother's visitation with Julian Baldwin. However, Father states that paternal grandparents are able to see Julian when Father has periods of physical custody and that maternal grandmother's visitation should occur during Mother's periods of physical custody and not during Father's periods. Father did not indicate that he has any significant concerns, safety or otherwise, with Maternal grandmother's A. interactions with Julian Baldwin. Father indicates that he does not believe Maternal grandmother has standing to assert visitation/partial custody as to Julian. 6. Mother's position is as follows: Mother indicates that she also desires to maximize her time with Julian and is adamant that any visits between Maternal grandmother and Julian occur at Mother's residence. Mother indicates that she would be willing to assure that Maternal grandmother would be able to spend quality uninterrupted time with Julian. Mother, at this point in time, is not agreeable to Julian having visits at Maternal grandmother's residence. Mother is open to the idea of Julian possibly going to a neutral location to have a visit with Maternal grandmother, but indicates she wants to be in a position to feel comfortable regarding this. Mother also is agreeable to participate in counseling with Maternal grandmother with the goal to repair their relationship. 7. Maternal grandmother's position is as follows: Maternal grandmother reports that she had a healthy and beneficial relationship with her grandson until November of 2007. When Maternal grandmother lived in Massachusetts, she would travel once per month to see Julian. Maternal grandmother has not had any contact with her grandson for several months due to a disagreement between Mother and Maternal grandmother. Maternal grandmother indicates that she does not feel comfortable at Mother's residence and would like to have visits at her residence, or less preferably, at a neutral location. Maternal grandmother is willing to have a first visit with Julian at Mother's residence and if things go well, then have a visit at a neutral location such as Chuck E. Cheese. Maternal grandmother is also willing to participate in counseling with Mother to restore their relationship. 8. The Conciliator recommends an Order in the form as attached scheduling a Hearing before the Court. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require half a day. 9. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: 2 ?( Jo an, Esq r Cust dy onciliator JEAN D. FIEMAN, Plaintiff VS. KRISTEN L. BALDWIN and BRANDON REIHL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-0441 CIVIL TERM : IN CHILD CUSTODY Prior Judicial Assignment: Judge M.L. Ebert, Jr. Prior Conciliator Assignment: John J. Mangan, Jr., Esquire Concurrence: Respondents concur with Motion (see paragraph 7.) MOTION FOR CONTINUANCE AND NOW, comes Petitioner, Jean D. Fieman, by and through her counsel, Linda A. Clotfelter, who petitions the court as follows: 1. Movant is Jean D. Fieman, (hereinafter referred to as "Grandmother"), an adult individual who resides at 222 West Locust Street, Enola, Cumberland County, Pennsylvania 17025. 2. First Respondent is, Kristen L. Baldwin, (hereinafter referred to as "Mother"), is an adult individual who currently resides at 416 Orchard Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Second Respondent is, Thomas Brandon Reihl, (hereinafter referred to as "Father"), is an adult individual who currently resides at 910 Nixon Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. This matter was inititated by Grandmother who sought partial custody and/or visitation of of Julian R.L. Baldwin, born August 13, 2003, age (4) years. 5. This matter is scheduled to be heard by the Honorable Judge M.L. Ebert, Jr., on July 11, 2008, at 1:30 p.m. d 6. Petitioner seeks a general continuance of the scheduled hearing so that the parties may have sufficient time to continue to work amicably to resolve this matter without court involvement. 7. Both Respondents through counsel have indicated their concurrence with Petitioner's request for a general continuance in this matter. WHEREFORE, Petitioner requests that this Honorable Court generally continue this matter to be rescheduled at the request of any of the parties. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire A orney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff 4 f JEAN D. FIEMAN, Plaintiff VS. KRISTEN L. BALDWIN and BRANDON REIHL, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-0441 CIVIL TERM IN CHILD CUSTODY CERTIFICATE OF SERVICE nth, day of J-0 , 2008, the undersigned hereby certifies that a AND NOW, this i I true and correct copy of the foregoing document was served upon the opposing parties by Facsimile and United States First Class Mail, postage prepaid as follows: John M. Kerr, Esquire 500 Ritter Road Suite 202 Mechanicsburg, PA 17055 Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER nda A. Clotfelter, Esquire ttorney ID No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff ? ? "r ??T? ? ? s, , f1;` ? ? -?- LSD -a?(?w, ?, ?ey„ f',.,. ? ':? ?'Ci ,? 'JUL 10 2000 JEAN D. FIEMAN, Plaintiff VS. KRISTEN L. BALDWIN and BRANDON REIHL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 084441 CIVIL TERM IN CHILD CUSTODY ORDER OF COURT t? AND NOW, this 10 day of July, 2008, upon presentation and consideration of Plaintiff's Motion for Continuance, the hearing previously scheduled in this matter for July 11, 2008, is hereby continued generally. BY THE COURT, M.L. Ebert, Jr., Judge . ?f p p Y NVA F/lSNN3d 8i .01A 01 l01~ OR 11,10,10 ?o -301