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HomeMy WebLinkAbout04-0304 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. CROFT, Plaintiff Vo BRIAN IC CALDWELL, Defendant No. 2004 - 3~' : CIVIL ACTION - LAW : : (In 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 Petition to Modify Custody and Notice are served, be 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 Petition or for any other claim or relief requested by the Petitioner. 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 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 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W, High Street Carlisle, PA NOTICIA Le hart demando a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apadencia escr/ta o en persona o por abogado y archiver en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas u puede entrar una orden contra usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1MMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SA1DIS, SHUFF, FLOWER & L1NDSAY //L~dsay Gi~tich I~aclay, Esquire ~-/ Attorney I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. CROFT, Plaintiff BRIAN IC CALDWELL, Defendant No. 2004 - ~ o 9' CIVIL ACTION - LAW (In Custody) COMPLAINT FOR PRIMARY CUSTODY AND NOW, this ~a~-day of January, 2004, comes Plaintiff, Susan L. Croft, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and files the following Complaint for Primary Custody, and in support thereof avers as follows: 1. Plaintiff, Susan L. Croft, is an adult individual who currently resides at 2 Flagstone Drive, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter referred to as "Mother"). 2. Defendant, Brian K. Caldwell, is an adult individual who currently resides at 60 East Main Street, Ncwville, Cumberland County, Pennsylvania 17241 (hereinafter referred to as "Father"). 3. Plaintiff, Susan L. Croft, is the natural mother of one (1) minor child, Chelsea Elizabeth Caldwell, who was born on February 14, 1991 (hereinafter referred to as the "Child"). 4. Defendant, Brian K. Caldwell, is the natural father of thc Child. 5. The Child was not born out of wedlock. 6. The parties were married in March of 1989 and divorced in November of 1995 and have been living separate and apart since that time. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Name Present Residence Age d/o/b Chelsea Elizabeth Caldwell 60 E. Main St. 12 2/14/91 Newville, PA 7. Until April of 2003, Plaintiff had primary physical custody of the child subject to Respondent's periods of partial custody. The parties are the natural parents of the following minor child: The Child was not bom out of wedlock. Plaintiff is the natural mother of the Child. Defendant is the natural father of the Child. The Child is currently primarily in the custody of the Defendant, subject to Plaintiff's regular and consistent periods of partial custody. From the Child's birth through April of 2003 the Child had been in the primary custody of Plaintiff; however, the Child, after having an argument with Plaintiff, demanded to move in with Defendant. Plaintiff, wanting to accommodate the Child's desires, agreed to the custodial switch through an agreement entered between the parties on May 1, 2003 (hereinafter referred to as "Agreement"). A copy of the executed Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. Since birth, the Child has resided with the following persons and at the following addresses: Name Address Dates Susan Croft (natural mother), Bill Croft (step-father), & Bill Croft, Jr. (half brother) 2 Flagstone Drive Carlisle, PA 9/30/98 - April 2003 Brian Caldwell (natural father) 60 E. Main Street Newville, PA April 2003 - Present 8. Plaintiff/Mother's permanent address is 2 Flagstone Drive, Carlisle, Cumberland County, Pennsylvania, where Mother exercises regular and consistent partial custody of the Child at least every other weekend from Friday at 7:00 p.m. through Sunday at 7:00 p.m. 9. Father's permanent address is 60 East Main Street, Newville, Cumberland County, Pennsylvania, where Father exercises primary physical custody of the Child. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 10. The relationship of Plaintiffto the Child is that of natural mother. 11. The relationship of Defendant to the Child is that of natural father. 12. Plaintiff/Mother has no information of any other custody proceeding concerning the Child pending in any court of this Commonwealth. 13. Plaintiff/Mother does not know of a person, not a party to this proceeding, who has physical custody of the Child or claims to have physical custody or visitation rights with respect to the Child. 14. The best interest and permanent welfare of the Child will be served by granting the relief requested because: a. Plaintiff is the natural mother of the Child; b. Plaintiffhas established a warm, loving relationship with the Child; PlaintiffJMother has in the past, and will continue to provide a stable, loving home environment for the Child; Plaintiff/Mother will ensure that the Child is raised in healthy, loving environment; PlaintifffMother will continue to encourage the Child to participate in and cooperate in regular and consistent periods of partial custody with Defendant/Father; Plaintiff/Mother will continue to foster a feeling of love and affection between the Child and the Defendant/Father; g. Plaintiff/Mother has formed a strong bond with the Child; Plaintiff/Mother has always exercised her parental duties and responsibilities with regard to the Child and she enjoys the love and affection of the Child; PlaintifffMother will continue to provide the Child with a home with adequate moral, emotional and physical surroundings, as required to meet the Child's needs; SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Slreet Carlisle, PA Plaintiff/Mother offers a stable, loving, structured home environment in which to raise the Child; The Child has indicated to Plaintiff/Mother and to other adults that she is afraid of Defendant/Father; The Child has alleged that Defendant/Father was physically abusive to her; The Child was caught smoking Defendant/Father's ci arettes g at the bus stop; Defendant/Father has, in the past, asked Plaintiff/Mother to take the Child back because Defendant/Father felt that Plaintiff/Mother was the best person to raise the Child; The Child has come to Plaintiff/Mother's home with her laundry because Defendant/Father "could not afford laundry detergent"; Defendant/Father has repeatedly threatened to send the Child to military school or to a school for troubled teens because he lacks control over the Child; The Child lacks needed discipline and supervision at Defendant/Father's house; and Plaintiff/Mother offers a loving, disciplined, and well-supervised household in which to raise the Child 15. Each parent whose parental rights to the Child have not been terminated and the person(s) who has physical custody of the Child have been named as parties to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the Child. 16. Plaintiff/Mother requests that the following changes be made to the custodial arrangement: a. Plaintiff/Mother be granted primary physical custody of the Child; Defendant/Father be granted periods of partial physical custody as the parties may agree; SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA c. Plaintiff/Mother and Defendant/Father share legal custody of the Child. WHEREFORE, Plaintiff, Susan L. Croft, respectfully requests this Honorable Court grant Plaintiff, Susan L. Croft, shared legal custody and primary physical custody of Chelsea Elizabeth Caldwell, in accordance with the updated and clarified custodial schedule as proposed in Paragraph 16, above. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & L1NDSAY (~Ait~o~ SrnaeYyGi !~c~ 8M077 ;~ ~y' Esquire (,-) [ 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff VERIFICATION I verify that the statements made in this Complaint for Primary Custody are true and correct to the best of my knowledge, information and beliefi I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Date: ko'san L. Croft SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SUSAN L. CROFT PLAINTIFF BRIAN K. CALDWELL DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 04-304 CIVIl. ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 05, 2004 , 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 Monday, February 23, 2004 at 10:30 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. All children age five or older may also be present at the conference. Failure to al~pear at the conference may provide grounds lbr 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/ ]acqueline M. Verney. Esq, 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 betbre the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TttIS 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 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. CROFT, Plaintiff BRIAN K. CALDWELL, Defendant No. 2004 - 304 CIVIL ACTION - LAW (ln Custody) CERTIHCATE OF SERVICE AND NOW, this 11th day of February, 2004, I, Lindsay Gingfich Maclay, Esquire, hereby certify the following person was served with a Certified Copy of the Complaint for Primary Custody and a copy of the Conciliation Scheduling Order, which was docketed with regard to the above-referenced matter. The Complaint and Order were mailed on February 9, 2004, but actual service took place on February 10, 2004, by Defendant signing for a copy of the Complaim and Conciliation Scheduling Order, which was mailed in the United States Mail, Certified Mail - Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Mr. Brian K. Caldwell 60 East Main Street Newville, Pennsylvania 17241 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully Submitted, By: SAIDIS, SHUFF, FLOWER &LINDSAY fy ;:~; G~ .~Att6meyi gh~N~c~'ff, ee8Mt~ 9t0~a4Y' 'Esqui~3 Carlisle, Pennsylvania 17013 (717) 243-6222 Attomeys for Plaintiff Exhibit "A" · Complete items 1, 2, and 3./Uso COmplete item 4 if Restricted Delivery la desired. · Print your name and address on the reverse es that we can return the card to you. · Attach this card to the back of the mailpieca, o~ on the front if apace permits. Mr. Brian K. Caldwell 60 E. Main Street Newville, PA 17241 D. Is delive~ addrs~s diffem~ from Item 1 ? [] Yes If YES, enter delivery address below: t"l No 2. A~ticle Number .=* ~ansfer from service la . ? PS Form 3811, Augcat 2001 I~j~Eied Mail [] Express Mail [ [] Registered .,~l~eturn Receipt for Merchandiae ~ . FI Insured Mall ~' [] (~.O.O. J 4. Restricted Del,ve~/? (Extra F,)__~Yes sso oooo o4o DO~ Return Receipt 102595-01-M.0381 SUSAN L. CROFT, Plaintiff V. BRIAN IL CALDWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-304 CIVIL TERM : : CIVIL ACTION - LAW : : 1N CUSTODY ORDER OF COURT / AND NOW, this C~/'~ day of ~X/~4J4 ,2004, upon CfoO~lSoiwd:~ation of the attach~ody Conciliation Repo~ it is ordered and directed as 1. The Mother, Susan L. Croft, and the Father, Brian K. Caldwell, shall have shared legal custody of Chelsea Elizabeth Caldwell, bom February 14, 1991. Each parent 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. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as agreed but not more than alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. 4. Holidays. The parties shall have physical custody of the child as indicated below: A. Thatxksgiving-as agreed by the parties. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall always have physical custody of the child for Block A. Father shall always have physical custody of the child for Block B. C. Easter-Mother shall always have physical custody of the child on Easter from 9:00 a.m. to 5:00 p.m. D. New Year's-Mother shall always have physical custody of the child on New Year's Eve from 12:00 noon to New Year's Day at 12:00 noon. Father shall always have physical custody of the child on New Ye~ar's Day from 12:00 noon to 6:00 p.m. E. Mother's Day/Father's Day- Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. F. Memorial Day/Fourth of July/Labor Day-as agreed by the parties. G. Child's birthday-each party shall have two hours of physical custody of the child on the child's birthday. 5. Each party shall be entitled to seven (7) uninterrupted days of physical custody of the child during the summer vacation, provided they give the other party thirty (30) days prior notice. Father may exercise his seven day period provided the child agrees. the child. Transportation shall be shared such that the receiving party shall transport 7. In the event that either parent removes the child temporarily from the state, they shall provide a telephone number and address where the child may be reached. 8. Neither party shall do or say anything or permit a third party to 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. Each party shall encourage a meaningful relationship with the other party. 9. In the event of a medical emergency, the custodial parent shall notify the other parent as soon as practicable after the emergency is handled. 10. This Order is entered pursuant to the request of Mother at a Custody Conciliation Conference which Father was aware of but did not attend. 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. ccz~.indsay Gingrich Maclay, Esquire, Counsel for Mother ./firian K. Caldwell, pro se ' 60 East Main Street Newville, 17241 SUSAN L. CROFT, Plaintiff V. BRIAN K. CALDWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -_ : 2004-304 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: None 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 Chelsea Elizabeth Caldwell February 14, 1991 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on February 19, 2004, with the following individuals in attendance: The Mother, Susan L. Croft, with her counsel, Lindsay Gingrich Maclay, Esquire. Father did not attend although he received notice of the conference. 3. Mother requested an Order in the form as attached. Date mey, Esquire Custody Conciliator