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HomeMy WebLinkAbout04-1218& SPARE NEIL R. MCCOY, Plaintiff CRISTINA M. MCCOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiffis Neil R. McCoy, an adult individual residing at 110 N. Middlesex Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant is Cristina M. McCoy, an adult individual residing at 152 Fairview Street, Carlisle, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE/(DATE OF BIRTH) Alexis M. McCoy 110 N. Middlesex Road, 5 (12/14/1998) Carlisle, PA 17013 Damon R. McCoy 110 N. Middlesex Road 2 (05/19/2001) Carlisle, PA 17013 The children named above named were not bom out of wedlock. The children named above are presently in the custody of Plaintiff Neil R. McCoy at his residence as indicated in Paragraph 1, above. 4. During the last five (5) years, the children subject to this custody action resided with the following persons and at the following addresses: PERSONS Neil R. McCoy and Cristina M. McCoy Neil R. McCoy and Cristina M. McCoy ADDRESSES 580 Cranes Gap Road Carlisle, PA 17013 310 Hoy Road, Carlisle, PA 17013 DATES December 1998 to December 2001 December 2001 to August 2003 Neil R. McCoy and Cristina M, McCoy (shared custody) Neil R. McCoy 110 N. Middlesex Road Carlisle, PA 17013 and 185 Konhaus Road Mechanicsburg, PA 17055 110 N. Middlesex Road Carlisle, PA 17013 August 2003 to March 7, 2O04 March 7, 2004 to present The mother of the children is Defendant Cristina M, McCoy, who is currently residing at the address indicated in Paragraph 2, above. She is married to Plaintiff. The father of the children is Plaintiff Neil R. McCoy, who is currently residing at the address indicated in Paragraph 1, above. He is married to Defendant. 5. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP No one N/A 6. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP No one N/A SPARE 7. Plaintiff has not participated as a party or witness or in any other capacity, in other itigation concerning the custody of the parties' children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The best interest and permanent welfare of the children will be served by granting Plaintiff Nell R. McCoy primary physical custody of the children because Plaintiff is better able to care for the children and provide a stable nurturing environment. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, PlaintiffNeil R. McCoy requests this Court to grant Plaintiffprimary physical custody of Alexis M. McCoy and Damon R. McCoy. Date: March 23, 2004 SNELBAKER, BRENNEMAN & SPARE, P. C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Nell R. McCoy SPARE VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: March 23, 2004 LAW OFFICES SNELBAKER, BrENNEMAN & SPARE MCCOY, Plaintiff ~RISTINA M. MCCOY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-1218 CIVIL : : CIVIL ACTION - LAW : : CUSTODY AFFIDAVIT OF SERVICE OF PENNSYLVANIA ) : SS. DF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attorneys for R. McCoy, Plaintiff in the above captioned action in custody; that on March 23, 2004 he did to Defendant Cristina M. McCoy by certified mail, return receipt requested, restricted ~ certified copy of the Custody Complaint which was filed in the above captioned as evidenced by the attached cover letter of the same date and Receipt for Certified Mail 1010 0000 8130 9528; that both the Custody Complaint and cover letter were duly by Cristina M. McCoy, the Defendant herein, as evidenced by the return receipt card for mail dated March 24, 2004; that a copy of the aforementioned cover letter dated ., 2004 is attached hereto and incorporated by reference herein as "Exhibit A" and that inal Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and ncorporated by reference herein as "Exhibit B"; and that the foregoing facts are tree and SNeLBAkEr, BrENNEMAN SPARE LAW OfFICeS SNeLBAkER, & SPARE correct to the best of his knowledge, information and belief. KeithO. Brenneman Sworn to and subscribed before me this 25th day of March, 2004. otary Public ~ COMMONWEALTH Of PENNSYLVANIA Notadal Seal Susan L Matmzi, Notary Public Mec~anicst~urg ~5om, Cumberland County ,. MY ~ E.~ms Nov. 24, 2007 Member, Pennsylvania Assoctetion Of Notaffes -2- SNELBAKER., BR-ENNEMAN ~ SPARE ATTORNEYS AT lAW Cristina M. McCoy 152 Fairview Street Carlisle, PA 17013 MECHANICSBUI~G, PENNSYLVANIA 17055 March 23, 2004 Dear Ms. McCoy: Enclosed please find a copy of the Custody Complaint. the ori_~inal of which was filed this day with the Prothonotary. of Cumberland County. ~ Yours truly. KOB/sm Enclosure CC: Neil R. McCoy Keith O. Brenneman By certified mail, return receipt requested, restricted delivery, parcel No. 7003 1010 0000 8130 9528 Also by first class mail, postage prepaid with enclosure: certified complaint EXI~IBIT A LAW OFFICES SNELBAKER, BRENNEMAN & SPAre EXHIBIT B NEIL R. MCCOY PLAINTIFF V. CRISTINA M. MCCOY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1218 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Monday, March 29, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre Dawn S. Sunday, Esq. ~ the conciliator, at 39 West Main Street, Mechanicsbur§, PA 17055 on Thursday, April 22, 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 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 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. Sunday, 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 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 NEIL R. McCOY Plaintiff VS. CRISTINA M. McCOY Defendant IN THE COL~RT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1218 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ff-/_.A day of~-'~/~/~, , 2004, upon consideration of the attached Custody Conciliation Report, l~ is ordered and directed as follows: 1. The parties shall obtain counseling for the Children with Georgi Anderson, or other professional selected by agreement. The purpose of the counseling shall be to assess the Children's needs with regard to the custody arrangements, to determine whether the Children's needs can best be met by more frequent exchanges of custody for shorter periods of time or less frequent exchanges for longer periods of time and to obtain professional recommendations and guidance concerning ongoing custody arrangements which will best serve the needs and interests of the Children. The Mother shall provide all insurance information regarding coverage for the counseling sessions. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. 2. The Father, Neil R. McCoy, and the Mother, Cristina M. McCoy, shall have shared legal custody of Alexis M. McCoy, bom December 14, 1998, and Damon R. McCoy, bom May 19, 2001. Each parent shall have an equal fight, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. Pending receipt of written recommendations from the Ch/ldren's counselor and further agreement of the parties or Order of Court, the Mother shall have custody of the Children every week from Tuesday after daycare through Friday before daycare and the Father shall have custody for the remainder of the week and weekend. 4. The Mother shall have custody of the Children on Mother's Day in 2004 from 9:00 am until 7:00 pm and the Father shall have custody on Father's Day. The parties shall share having custody of the Children on all other holidays as arranged by agreement. 5. Each party shall be entitled to have uninterrupted periods of custody with the Children for two non-consecutive weeks during the summer upon providing at least thirty days advance notice to 5. Each party shall be entitled to have uninterrupted periods of custody with the Children for two non-consecutive weeks during the summer upon providing at least thirty days advance notice to the other party. Each party shall schedule his or her periods of custody under this provision to include that party's regular weekly custodial period. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 7. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn Sunday, on July 21, 2004 at 10:30 am for the purpose of reviewing the custody arrangements with the guidance from the Children's counselor. 8. 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. CCi Keith O. Brenneman, Esquire - Counsel for Father Herschel Lock, Esquire - Counsel for Mother NEIL R. McCOY Plaintiff VS. CRISTINA M. McCOY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1218 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 thc following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexis M. McCoy Damon R. McCoy December 14, 1998 May 19, 2001 Father Father 2. A Conciliation Conference was held on April 22, 2004, with the following individuals in attendance: The Father, Neil R. McCoy, with his counsel, Keith O. Brenneman, Esquire, and the Mother, Cristina M. McCoy, with her counsel, Herschel Lock, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator NElL R. MCCOY, Plaintiff V. CRISTINA M. MCCOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1218 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Defendant, Cristina McCoy, in the above-captioned matter. I ^ Herschel Lock, Esquire PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Defendant, Cristina McCoy, in the above-captioned matter. Date: RESPECTFU L~.Y~U BM ~--EDT, -'- (~arles RecUr, ~squire 1104 Fernw~3d ~venue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 JAN 0 7 2005:]1 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEIL R. McCOY vs. 04-1218 CIVIL ACTION LAW CRISTINA M. McCOY Defendant IN CUSTODY ORDER AND NOW, this 5th day of JanuarV,2005 , the conciliator, having received no request since September 27, 2004 to reschedule the custody conciliation conference originally scheduled for July 21,2004, hereby relinquishes jurisdiction. FOR THE COURT, rf)~d2~~ Dawn S. Sunday, Esquire Custody Conciliator co ('oJ 0J - N ~~- t ..rX: ., " or.:> -j C::~ (:") C~;. '-l '""