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HomeMy WebLinkAbout08-3427CHRISTINA M. CRAWFORD, Plaintiff V. MICHAEL J. NIEVES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 -.WZ7 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Christina M. Crawford, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Christina M. Crawford, is an adult individual with an address of 7 Pine Road, Apartment 502, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant, Michael J. Nieves, is an adult individual with an address of 101 East High Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one (1) child, namely, Desirae N. Nieves, born September 17, 2004. 4. The Plaintiff, Christina M. Crawford, desires that the parties have shared legal custody of the said minor child, Desirae N. Nieves. 5. The Plaintiff, Christina M. Crawford, desires primary physical custody of the said minor child, Desirae N. Nieves, with periods of temporary physical custody to Defendant, Michael J. Nieves, as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff s request as set forth above. WHEREFORE, the Plaintiff, Christina M. Crawford, respectfully requests that she be awarded primary physical custody and shared legal custody of Desirae N. Nieves as provided herein, with periods of temporary physical custody to Defendant, Michael J. Nieves, as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: Marcup A. . I, 14 Esquire Attorn for Plaintiff 60 We Pomfret Street Carlisle, Pe is 17013-32 (717) 249-2353 Supreme Court I. D. No. 25476 Date: June 4, 2008 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. CHRISTINA M. OftA-W-F-Olff Date: June 4, 2008 d ad, W c CHRISTINA M. CRAWFORD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL J. NIEVES DEFENDANT 2008-3427 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, June 09, 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, July 17, 2008 at 8:30 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 5v of - (2f-1 ?W-o1-?7 t11l?R3i ?? .:. an0 MIIONO '81 4 U `?:1 B CHRISTINA M. CRAWFORD IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-3427 CIVIL ACTION LAW MICHAEL J. NIEVES Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7 'Z/ day of ?%- , , , , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered a?W directed as follows: 1. The Mother, Christina M. Crawford, and the Father, Michael J. Nieves, shall have shared legal custody of Desirae N. Nieves, born September 17, 2004. 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 on dates and times as arranged by agreement between the parties in advance. 4. The Father may file a Petition for the scheduling of an additional custody conciliation conference, if necessary, to review the custodial arrangements. 5. 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 arcus A. McKnight, III, Esquire - Counsel for Mother ichael J. Nieves - Father CJ 3 C?j d C..i CHRISTINA M. CRAWFORD Plaintiff VS. MICHAEL J. NIEVES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3427 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 Desirae N. Nieves September 17, 2004 Mother 2. A custody conciliation conference was held on July 17, 2008, with the following individuals in attendance: the Mother, Christina M. Crawford. The Mother's counsel, Marcus A. McKnight, III, Esquire, did not attend the conference. The Father, Michael J. Nieves, did not appear for the conference or contact the conciliator. It was confirmed at the conference that the Father had been served with the Complaint and Notice of the conference by certified mail on June 19, 2008. 3. According to the Mother, the Child has resided with her since the date of the parties' separation on May 28, 2008. Since that time, the Father has spent a few hours with the Child on June 10 and during the week preceding the conference for a few hours. The Mother indicated that it is not her intent to prevent the Father from spending time with the Child and having periods of custody but she felt that an Order was necessary due to the Father's threats on occasion to take the Child and not return her to the Mother's residence. 4. Based upon the representations of the Mother at the conference and the fact that the Father did not attend the conference or contact the conciliator's office, the conciliator recommends an Order in the form as attached. The Father may file a Petition requesting an additional custody conciliation conference if necessary to review the custodial arrangements. Date Dawn S. Sunday, Esquire Custody Conciliator CHRISTINA M. CRAWFORD, Plaintiff/Petitioner V. MICHAEL J. NIEVES, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 3427 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY {7 C mw ?rn > c--) X p 7r C N c r-- co -v r .,a m a? ?Y -+C) 7 C-D . -J AND NOW comes the Petitioner, Christina M. Crawford, by her attorneys, Irwin & McKnight, P.C. and presents the following Petition for Modification of Custody. 1. The Petitioner, Christina M. Crawford, is an adult individual with an address of 7 Pine Road, Apartment 502, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Respondent, Michael J. Nieves, is an adult individual with an address of 1310 State Street, Apartment 2, Harrisburg, Dauphin County, Pennsylvania 17103. 3. The parties are the natural parents of two (2) minor children, namely, Desirae N. Nieves, born September 17, 2004, and Dakota M. Nieves, born March 16, 2011. 4. The parties are currently governed by an Order of Court dated July 22, 2008, and signed by the Honorable Edgar B. Bayley, regarding custody of the minor child, Desirae N. Nieves. GIVIA 1.77n.00rA a 1-11 2j:L-a101 o7 3 5. The Petitioner, Christina M. Crawford, desires that the parties have shared legal custody of said minor children, Desirae N. Nieves and Dakota M. Nieves. 6. The Petitioner, Christina M. Crawford, desires primary physical custody of said minor children, Desirae N. Nieves and Dakota M. Nieves, with periods of temporary physical custody to Respondent, Michael J. Nieves, as the parties can agree. 7. The best interests and permanent welfare of the minor children, Desirae N. Nieves and Dakota M. Nieves, requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, the Petitioner, Christina M. Crawford, respectfully requests that she be awarded primary physical custody and shared legal custody of Desirae N. Nieves and Dakota M. Nieves as provided herein, with periods of temporary physical custody to Respondent, Michael J. Nieves, as provided herein. Respectfully submitted, IRWIN & McKNIGHT, P.C. r I-( By. ` , uire Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013- 222 Supreme Court I. D. No. 25476 Date: July 15, 2011 4 TUC. lam CHRISTINA M. CRAWFORD Plaintiff vs. MICHAEL J. NIEVES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3427 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this rl? day of 2008, upon consideration of the attached Custody Conciliation Repo?4rtis ordered and directed as follows: 1. The Mother. Christina M. Crawford, and the Father, Michael J. Nieves, shall have shared legal custody of Desirae N. Nieves, born September 17, 2004. 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. §309, 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 dates and times as arranged by agreement between the parties in advance. ` 4. The Father may file a Petition for the scheduling of an additional custody conciliation conference, if necessary, to review the custodial arrangements. 5. 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. BY THE COURT, cc: Marcus A. McKnight, III, Esquire - Counsel for Mother Michael J. Nieves - Father TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand 4nd As seal Rf saA cpult at C1031e, Pa, / CHRISTINA M. CRAWFORD Plaintiff vs. MICHAEL J. NIEVES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3427 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 Desirae N. Nieves September 17, 2004 Mother 2. A custody conciliation conference was held on July 17, 2008, with the following individuals in attendance: the Mother, Christina M. Crawford. The Mother's counsel, Marcus A. McKnight, 111, Esquire, did not attend the conference. The Father, Michael J. Nieves, did not appear for the conference or contact the conciliator. It was confirmed at the conference that the Father had been served with the Complaint and Notice of the conference by certified mail on June 19. 2008. ?. According to the Mother. the Child has resided with her since the date of the parties" separation on May 28, 2008. Since that time, the Father has spent a few hours with the Child on June 10 and during the week preceding the conference for a few hours. The Mother indicated that it is not her intent to prevent the Father from spending time with the Child and having periods of custody but she felt that an Order was necessary due to the Father's threats on occasion to take the Child and not return her to the Mother's residence. 4. Based upon the representations of the Mother at the conference and the fact that the Father did not attend the conference or contact the conciliator's office, the conciliator recommends an Order in the form as attached. The Father may file a Petition requesting an additional custody conciliation conference if necessary to review the custodial arrangements. Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. 0/" - K'. IA&i66"J1'Y'11?f H STINA M. C W RD Date: July 15, 2011 5 CHRISTINA M. CRAWFORD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN6A :..t C= C=Zl ? V. 2008-3427 CIVIL ACTION LAWS ? ? cn r* N Q D MICHAEL J. NIEVES IN CUSTODY (-D -Ti DEFENDANT 2M ORDER OF COURT AND NOW, Wednesday, July 20, 2011 , upon consideration of the attached Complai nt, 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 Friday, August 26, 2011 _ 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. 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 d ow,,, 710 _ cony//c??? 7/'A 11/1