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HomeMy WebLinkAbout04-0631Floyd Allamon, Jr., Plaintiff vi. Kelly Etter, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - (~.~t CIVIL TERM : ~ CUSTODY COMPLAINT FOR CUSTODY The plaintiff is Floyd Allamon, Jr., residing at 7043 Carlisle Pike, #314, Carlisle, Cumberland County, Pennsylvania. The defendant is Kelly Etter, residing at 138 McAllister Church Road, Cumberland County, Carlisle, Pennsylvania 17013. Plaintiff seeks custody of the following child: Name Age Katelyn Etter 3 years Present Residence DOB 138 McAllister Church Road 12/20/00 Carlisle, PA 17013 The child was bom out of wedlock The child is presently in the custody of Kelly Etter, who resides at 138 McAllister Church Road, Cumberland County, Carlisle, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Kelly Etter 138 McAllister Church Road birth to present Carlisle, PA 17013 The mother of the child is Kelly Etter, currently residing at 138 McAllister Church Road, Cumberland County, Carlisle, Pennsylvania 17013. She is not married. The father of the child is Floyd Allamon, Jr., residing at 7043 Carlisle Pike, #314, Carlisle, Cumberland County, Pennsylvania. He is not married. 7. The relationship of plaintiffto the child is that of father. The plaintiff currently resides with the following persons. Name Relationship Sharon Allamon Mother 8. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons. Nalne Raymond & Joan Wiser Relationship Aunt & Uncle 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. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff liberal periods of partial physical custody which the Court deems in the child's best imerest. Respectfully submitted, ~ulre 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff VERIFICATION I 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Floyd Allamon, Jr., Plaintiff FLOYD ALLAMON, JR. PLAINTIFF V. KELLY ETTER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-631 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4thFloor, Cumbertand County Courthouse, Carlisle on Thursday, April01,2004 at 8:30 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 cmn:t, 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 TItE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Amer/cans 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 TttlS 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 FLOYD ALLAMON, JR., Plaintiff KELLY ETTER, Defendant JUN 0 ZOO4 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-631 : IN CUSTODY COURT ORDER AND NOW, this "~ day of June, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows:.,, 1. A Hearing is scheduled in Courtroom No. ~ of the Cumberland County Courthouse on the ~ n~ day of ~ ta f- t~t ~'~ , 2004 at~] m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for both parties shall f'de with the Court and opposing counsel a memorandum setting forth the history of custody in this case, each party's position on a custody order, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be f'ded at least 10 days prior to the mentioned hearing date. Pending further order of this Court, the following Temporary Custody Order is entered: a. The mother, Kelly Etter, shall enjoy Legal and physical custody of the minor child, Katelyn M. Etter, born December 20, 2000. b. The father shall enjoy periods of temporary physical custody with the minor child on alternating Sunday's from 10:00 a.m. until 6:00 p.m. and at such other times as agreed upon by the parties. Father shall handle transportation for exchange of custody· In the event there are any incidents involving the child that merit a special relief petition prior to the scheduled hearing date, legal counsel for both parties are authorized to contact the Conciliator directly to conduct a conference over the phone after which the Conc'diator may recommend a modified order to this Court. Judge CC: Joseph Buckley, Esquire Mark Bayley, Esquire FLOYD ALLAMON, JR., Plaintiff KELLY ETTER, Defendant JUN 0 3 200~ ~' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW · NO. 2004 - 6~1 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY RF. PORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Katelyn M. Etter, born December 20, 2000. A Conciliation Conference was held on May 21, 2004, with the following individuals in attendance: The father, Floyd Allamon, Jr., with his ce,unsel Mark F. Bayley, Esquire, and the mother, Kelly Etter, with her counsel[ Joseph D. Buckley, Esquire. This case has not been previously before the Court. The mother is 21 years of age and living at home with her parents. The father is 23 and living with his mother. Both parties are employed, with father paying support. The prior custodial arrangement was mother having primary physical custody and father having periods of temporary custody on alternating Sundays for about 6 hours and at such other times as the parties agreed. Father initiated a custody action in February, and at about the same time mother suggested that she had concerns relative to the child exhibiting conduct that suggested she may have been abused. The mother terminated father's visitation with the child and referred the case to criminal authorities and the Cumberland County Children's Services Office· Children's Services has investigated the matter and has closed the ~e. The Silver Spring Township Police have also not investigated the matter further. The mother suggests she has genuine concerns regarding what is happening with the father and the minor child. However, there is no objective information at this point to support the mother's allegations. Regardless, the mother is not in a position to agree to the entry of a permanent Custody Order giving father rights. It is the Conciliators position that the Status Quo was the custodial arrangement in place prior to February when the father was seeing the child every other Sunday. In light of the fact that there does not appear to be any objective information supporting mother's position, the Conciliator suggests that the prior Status Quo be reinstated pending the Court Hearing. An order to that affect is attached. DATE FLOYD ALLAMON, JR., Plaintiff V. KELLY ETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-631 CIVIL TERM CUSTODY COURT ORDER. AND NOW this ~ 0 4~k day of ~0~ ,2004, upon request of the counsel for defendant and concurrence of the counsel for plaintiff, it is hereby ordered and decreed that the hearing scheduled in this matter for August 6, 2004, is hereby continued until further order of the court. All other terms of this court's June 17, 2004, order shall continue until a formal hearing in this matter. CCi Joseph D. Buckley, Esquire Mark Bayley, Esquire Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KELLI L. GUTSHALL, Plaintiff DAVID W. GUTSHALL, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4032 CIVIL ACTION - LAW KELLI GUTSHALL, Plaintiff DAVID GUT SHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 03 - 631 CIVIL ACTION - LAW 1N CUSTODY STIPULATION REGARDING CUSTODY WHEREAS, the parties to this Stipulation are Kelli L. Gutshall (Mother) and David W. Gutshall (Father); and WHEREAS, the parties are the parents of two (2) minor children, Sara C. Gutshall DOB April 14, 1990, and Samuel L. Gutshall, DOB May 3, 1992; and WHEREAS, a custody conciliation conference is prtnenfly scheduled for September 15, 2004; and WHEREAS, the parties wish to reach an amicable resolution regarding the care, custody and control of the minor children; and WHEREAS, the parties agree that it is in the children's best interest that they reach a resolution regarding the custody of the m'mor children. NOW, THEREFORE be it resolved this 10~ day of September, 2004, that the parties hereby stipulate, covenant and agree as follows: 1. The parties shall share legal custody of the minor children. Mother shall have primaW physical custody of Sara and Father shall have primary physical custody of Samuel. Mother and Father shall have periods of alternating physical custody of both minor children pursuant to the following schedule; Alternate weekends from Friday after school until Sunday at 5:00 P.M. commencing Friday, September 3, 2004. Mother shall have custody of both minor children from Friday through Sunday. The following weekend, Father shall have custody of both minor children from Friday through Sunday. Thereafter, the parties shall alternate weekends in accordance with this schedule. Alternate holidays so that Mother shall have partial custody for Easter weekend, July 4th, Thanksgiving holiday, Christmas Day at noon through December 26 at noon in one calendar year and for Memorial Day weekend, Labor Day weekend and Christmas Eve and Day through noon the following year. Said schedule shall begin with Mother for the Labor Day holiday in 2004. Should a hohday fall on a Monday and a respective parent's period of physical custody falls on that weekend, the children shall be permitted to stay the entire weekend from Friday through Monday at 5:00 P.M. Additionally, a holiday shall commence at 9:00 A.M. the day of said holiday through 5:00 P.M. the same day unless the parties otherwise agree. Two (2) weeks summer vacation which may be consecutive upon one month's prior notice. Wife shall have custody of the children on Mother's Day and Father shall have custody of the children on Father's day. Other times as the parties may mutually agree. The parties acknowledge and agree that the holiday schedule shall take precedence over normally scheduled periods of physical custody. 2 The parties shall seek to foster and encourage the love, affection and respect of the children for each parent, and to that end will cooperate in the best interests of the children in implementing the schedule of partial custody. Neither party shall be under the influence of alcohol or illegal drugs during their respective periods of physical custody. The parties agree that this Stipulation shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as ifa full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WI~_ Witness ..~ Kelli L. Gutshall 3