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HomeMy WebLinkAbout08-3315Sandra K Masse, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0,F - 3315-P? Kenneth S Colman, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff Sandra K Masse, an adult individual residing at 54 Nottingham Drive Mechanicsburg Cumberland County, Pennsylvania, 17050. 2. The Defendant is Kenneth S Colman, an adult individual with a last known mailing address of 54 Nottingham Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks a custody order that will reflect the current, status quo of the following child: Child Nathaniel A Colman Date of Birth July 1 2003 The child was born out of wedlock. The child has been in the primary custody of Plaintiff. During the past five years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATES Plaintiff & Defendant 559 The Hideout 2003 -2004 Lake Ariel, PA 18436 Plaintiff & Defendant 54 Nottingham Drive 5/04 to Mech PA present' The mother of the child is Plaintiff and she is not married. The father of 1 Defendant separated from Plaintiff and removed himself from the residence during the Winter, 2007. the child is Defendant and he is not married. 4. The relationship of Plaintiff to the child is that of mother who currently resides with her 13 year old son, Cory M Masse and the subject child. 5. The relationship of Defendant to the child is that of father and it is believed and therefore averred that he currently resides with his girlfriend, Michelle, in Luzerne County, Pennsylvania along with Michelle's 9 year old daughter, Juliana. 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. 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 interests and permanent welfare of the child will be served by granting the relief requested herein because: a. mother has been the primary caretaker of the minor child; b. mother remains stable in her life and other endeavors; c. mother has only the very best interests of the child at heart; d. mother makes mature and wise judgments that impact the child directly; e. father's judgment is not in the best interests of the minor child but instead, are in father's interest or no interest at all; examples of such decision making include: L father's rejection of the minor child's medical professionals' opinions and treatment plans with regard to the child's recently diagnosed conditions; ii. having the minor child, only 4 years old, sleep in father's girlfriend's 9 year old daughter's bedroom; and, iii. failing to use a car seat for the minor child as is required under the law in order to protect the child's health and safety. f. father's judgment places the minor child in potentially serious, mental health, developmental risk(s) for failing to adhere to the medical professionals treatment plan(s); g. father arguably is creating confusing impressions upon the child due to the living arrangements at father's girlfriend's home. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. All other persons, named below, are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests the court to grant the relief herein requested. Respectfully submitted, Mmes A. Willer, Esquire 765 Poplar Church Road Camp" Hill, PA 17011 7) 737-6400 I verify that the statem true and correct. I understand the penalties of 18 Pa.C.S. authorities. VERIFICATION ents made in the attached custody complaint are that false statements herein are made subject to Section 4904 relating to unsworn falsification to Date: 5-?A Pk -C, %"U& i ff " dra K Masse tiv n Lr, acs F v J O J d` n T ? ? G {-y r ., co 71 ? r? T ii C? SANDRA K. MASSE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3315 CIVIL ACTION LAW KENNETH S. COLMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, June 03, 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 Thursday, June 26, 2008 at 11:00 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. 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 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 '19--"', --? ? '' 'mil ?o•?,- ? .07 'qlNVA- mod ? z o w' -,wnr oz 301_. t' SANDRA K. MASSE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-3315 CIVIL ACTION LAW KENNETH S. COLMAN 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 Mother, Sandra K. Masse, and the Father, Kenneth S. Colman, shall have shared legal custody of Nathaniel A. Colman, born July 1, 2003. Major decisions concerning the Child including, but not necessarily limited to, his 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 on alternating weekends from Friday at 7:00 p.m. through Sunday at 7:00 p.m. The parties agree to cooperate in making necessary adjustments to the exchange times to accommodate the Child's activity schedules or the parties' work schedules. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Mother shall have custody of the Child for her family's Christmas Eve celebration and continuing through Christmas Day at 12:00 noon. The Father shall have custody of the Child from Christmas Day at 12:00 noon through December 26 at 7:00 p.m. The parties shall cooperate in discussing adjustments to the Christmas schedule to enable the Father to have an overnight period of custody on Christmas Eve on occasion. B. New Year's: The New Year's holiday period of custody shall run from New Year's Eve at 7:00 p.m. (or earlier if agreed between the parties) through New Year's Day at 1:00 p.m. In odd-numbered years, the Father shall have custody of the Child for New Year's and in even-numbered years, the Mother shall have custody of the Child for New Year's. For the purposes of this provision, the entire New Year's holiday shall be deemed to fall within the same year as New Year's Day. C. Thanksgiving: In odd-numbered years, the Father shall have custody of the Child for Thanksgiving from Wednesday at 7:00 p.m. through the following Sunday at 7:00 p.m., if it is the Father's regular weekend period of custody, or from Wednesday at 7:00 p.m. through Thanksgiving Day at 7:00 p.m., if the weekend following Thanksgiving is the Mother's regular alternating weekend period of custody. In even-numbered years, the Mother shall have custody of the Child for Thanksgiving from Wednesday at 7:00 p.m. through Friday at 7:00 p.m. D. Easter: The Easter holiday period of custody shall run from the Saturday before Easter at 7:00 p.m. through Easter Sunday at 7:00 p.m. In odd-numbered years, the Mother shall have custody of the Child for Easter and in even-numbered years, the Father shall have custody of the Child for Easter. E. Memorial Day/Labor Day: The parent who has custody of the Child under the regular alternating weekend custody schedule immediately preceding Memorial Day and Labor Day shall retain having custody of the Child through the Monday holiday at 7:00 p.m. F. July Fourth: The Father shall have custody of the Child for the Fourth of July holiday in years when July Fourth falls on the Father's regular alternating weekend or on the Friday or Monday immediately preceding or following the Father's weekend. In the event July Fourth falls on the Friday or Monday of the Father's weekend, the parties shall exchange custody at 12:00 noon or at such other time as arranged by agreement. The Mother shall have custody of the Child for the holiday when July Fourth falls on the Mother's weekend or on a Tuesday, Wednesday or Thursday. G. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for the Mother's Day weekend from Saturday at 7:00 p.m. through Sunday at 7:00 p.m. and the Father shall have custody of the Child for the Father's Day weekend from Saturday at 7:00 p.m. through Sunday at 7:00 p.m. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 1. In the event the Father's period of holiday custody falls immediately preceding or following his regular period of custody, the Father's holiday and regular periods of custody shall run continuously without interruption. 5. Each party shall be entitled to have custody of the Child for one (1) full week (seven (7) days) during the summer school break each year upon providing at least thirty (30) days advance notice to the other parent. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Each party shall schedule his or her vacation under this provision to include that party's regular alternating weekend period of custody. 6. 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. 7. 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. cc: ra'm- e A. Miller, Esquire - Counsel for Mother nneth S. Colman - Father BY THE COURT, SANDRA K. MASSE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-3315 CIVIL ACTION LAW KENNETH S. COLMAN Defendant 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 Nathaniel A. Colman July 1, 2003 Mother 2. A custody conciliation conference was held on June 26, 2008, with the following individuals in attendance: the Mother, Sandra K. Masse, with her counsel, James A. Miller, Esquire, and the Father, Kenneth S. Colman, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquir Custody Conciliator a • % SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03315 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MASSE SANDRA K VS COLMAN KENNETH S R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDANT lY T ARM AT TJTTTATT MTT CT to wit: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LACKAWANNA serve the within ORDER OF COURT County, Pennsylvania, to On August 5th , 2008 , this office was in receipt of the attached return from LACKAWANNA Sheriff's Costs: So answ Docketing 18.00 Out of County 9.00 e?lbg Surcharge 10.00 R. Thomas Kline Dep Lackawanna Co 41.40 Sheriff of Cumberland County Postage 1.18 . J V 08/05/2008 MILLER LIPSTITT Sworn and subscribe to before me this day of A. D. • . % In The Court of Common Pleas of Cumberland County, Pen?ns?ania Sandra K. Mass VS. Kenneth S. Coleman No. 08-3315 civil Now, June 18, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lackawanna deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. Sworn and subscribed before me this day of , 20, So answers, r N ? N C.- c fin= N -X C?- Sheriff of Z f ounty, = COSTS v `?' SERVICE $ ?o MILEAGE AFFIDAVIT 4 SHERIFF'S RETURN - NOT SERVED Cunn?,Lr,,an69 CASE NO: 2008-00381 T Z- UB.. 335 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lackawanna County MASSE SANDRA K. VS COLEMAN KENNETH S. BOB MOORE Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: COLEMAN KENNETH S. but was unable to locate Him in his bailiwick. He therefore returns the ORDER the within named DEFENDANT 145 SOUTH MERRIFIELD AVENUE NOT SERVED , as to COLEMAN KENNETH S. SCRANTON, PA 18504 NOT SERVED,2 ATTEMPTS MADE 07/02/2008 Sheriff's Costs: Docketing Service, LAbO Affidavit Surcharge " So answers: John Szymanski, Sheriff .00 By: .00 .00 BOB MOORE .00 De Sherif " .00 .00 - 00/00/0000 Sworn and subscribed to before me this Zf )- day of d oY -r A.D. no y ?? Pub SCRAM" cm, LACKAWA'A ft My Canm Exr*08,4, COMM 19,