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HomeMy WebLinkAbout08-5790c Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHARLOTTE COLM, Plaintiff V. JOHN CRAWFORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 9 6 NO.2008- S -W CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff is Charlotte Colm, an adult individual currently residing at 103 South 17`h Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is John Crawford, an adult individual currently at 11 East Greenhouse Road, Dillsburg, York County, Pennsylvania. 3. Plaintiff seeks custody of the child, MacKenzie Crawford-Colm, who was born on September 7, 2004. 4. The child was born out of wedlock. 5. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Since her birth and as of the date of the filing of this Complaint, the child has lived with the Plaintiff and maternal grandmother at 103 South 17`h Street, Camp Hill, Pennsylvania. 6. The relationship of the Plaintiff to the child is that of mother. She is single and living separately. The Plaintiff currently resides with the following: Name Relationship Catherine Colm Mother MacKenzie Colm Daughter 7. The relationship of the Defendant to the child is that of father. He is single and living separately. The Defendant currently resides with the following: Name Relationship David Pepperman Step-Father Kathleen Pepperman Mother MacKenzie Colin Daughter 8. The parties have not participated in previous litigation concerning the custody of the child in this Court or any court. 9. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 10. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because: she can best provide a stable and nurturing environment for her daughter. 11. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON LAW OFFICES Katie J. Max e , Esquire 10 East Hig treet Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: y1_3o `6 f? VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Charlotte Colm F:\FILES\CHaits\13193 Coln\13193.I.conplemt ?b 1 1 Q A f t1 ILI F. T1LES\C1ients\ 13193 Colm\13193 1 PetitionSpecialRelief Katie J. Maxwell, Esquire Martson Deardorff Williams Otto Gilroy & Faller MARTSON LAW OFFICES I.D. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHARLOTTE COLM, Plaintiff V. JOHN CRAWFORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5790 CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF Plaintiff, Charlotte Colm, by and through her attorneys, Martson, Deardorff, Williams, Otto, Gilroy & Faller, sets for the following: Plaintiff, Charlotte Colm, is an adult individual residing at 103 South 17`h Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, John Crawford, is an adult individual residing at 11 E. Greenhouse Road, Dillsburg, York County, Pennsylvania. 3. Plaintiff and Defendant are the natural parents of MacKenzie Crawford- Colm, born September 7, 2004. 4. The child was born out of wedlock. 5. Since the child's birth, the child has primarily resided with her mother and grandmother. 6. Pursuant to an informal agreement between the parties, the father is to have custody of the child every other weekend. 7. The parties have generally followed this arrangement since the child's birth. 8. Circumstances have arisen which merit an immediate custody conciliation so that an official custody Order can be entered. 9. Father picked up the child for his regularly scheduled custody visit on Saturday, September 27, 2008. As agreed upon by the parties, he was to return the child to her mother's home on Sunday, September 28, 2008. Father has refused to return the child to her mother's home and is denying mother access to the child either through visits or telephone calls. 10. Mother requests that this Court enter a temporary Order granting her primary physical custody of the child and referring this case to the Custody Conciliator for an expedited conciliation conference. 11. It would be the mother's position at the conciliation conference that the father should have visitation rights with the child, but that she should be the primary custodian in light of the current situation. 12. No attorney has entered an appearance for the Defendant, John Crawford, and counsel for the Plaintiff has not received any communication from any attorney representing the Defendant. Accordingly, there is no opportunity to seek a concurrence of the opposing party prior to the filing of this Petition. WHEREFORE, Plaintiff requests your Honorable Court to issue an Order for Special Relief granting her primary custody on a temporary basis pending the scheduling of a custody conciliation conference. MARTSON LAW OFFICES B Y , - - Katie J. axwell, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: P?1 D 6 _0 Fn h fy i w D OCT O 1 2008 CHARLOTTE COLM, Plaintiff V. JOHN CRAWFORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5790 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 30( day of 0 , 2008, upon consideration of the attached Petition For Special Relief, it is ordered and directed as follows: 1. The Court Administrator is directed to refer this matter to a Custody Conciliator for the scheduling of a custody conciliation conference on an expedited basis. 2. Legal counsel for the Plaintiff shall serve a copy of this Order, along with an Order scheduling the custody conciliation conference, on the father. 3. At the custody conciliation conference, the Custody Conciliator may recommend such Order as they feel appropriate to this Court for further consideration of this case. Judge cc: J Katie J. Maxwell, Esquire ./Mr. John Crawford %?oe L I• i 1 WV C-100 8001 911')44 ? GTY CHARLOTTE COLM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN CRAWFORD DEFENDANT 2008-5790 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Friday, October 03, 2008 , 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 Tuesday, November 11, 2008 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. 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/ ac ueline M. Verne 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 /*,-? A6p CC .Zl Wd 9--100 o5QZ ?qv 50- -5a, 41.0/ -iJ 'R, M mu r t CHARLOTTE COLM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-5790 CIVIL TERM JOHN CRAWFORD, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, John Crawford, for purposes of his custody matters in the above captioned case. Jes ci Holst?Esquire NE enn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: ?` 0 CHARLOTTE COLM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-5790 CIVIL TERM JOHN CRAWFORD, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, John Crawford, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Katie J. Maxwell, Esquire 10 East High Street Carlisle, PA 17013 Date: 00-S-06 J js f ca Holst, Esquire 14idPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ? ?? ''- 's ? ? _?, ..,- .. -r-, ,? ? ?"?? t[ 3 S` W ? ` S. J ? t? {^'? 1 -? . ^ ; f Y s,? , s ...-? NOV 17 2008 3 07 r CHARLOTTE COLM, Plaintiff V. JOHN CRAWFORD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5790 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this * #\ day of ife? , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Charlotte Colm and the Father, John Crawford, shall have shared legal custody of MacKenzie Crawford-Colm, born September 7, 2004. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as follows: A. Alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. B. On the off week, Wednesday from 4:00 p.m. to 7:00 p.m. C. Such other times as the parties agree. 4. Holidays: C- A. Thanksgiving and Easter shall be shared such that Mother shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the child from 3:00 p.m. to 9:00 P.M. B. Christmas shall be divided and alternated among the parties. In even numbered years Mother shall have the child from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. In odd numbered years Mother shall have the child until 9:00 p.m. Christmas Eve and from 12:00 noon on Christmas Day to 12:00 noon December 26. In even number years, Father shall have the child from 12:00 noon Christmas Day to 8:00 p.m. on December 26. In odd numbered years, Father shall have the child from 9:00 p.m. on Christmas Eve to 12:00 noon on Christmas Daffy. C. Memorial Day, July 4' and Labor Day shall be alternated with Mother having Memorial Day 2009, at times agreed by the parties. D. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. and Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. 5. The parties shall have liberal telephone contact with the child. 6. Transportation shall be shared such that the receiving party shall transport. 7. Neither party shall do anything or say anything, nor permit third parties from doing or saying anything that may estrange the child from the other party, or injure the opinion of the child as to the other party or may hamper the free and natural development of the child's love and affection for the other party. 8. Neither party may remove the child from their county of residence, except for day trips, without notifying the other party of the child's location and a telephone number where the child may be reached. 9. 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. B)'KHE COURT, J. cc: Katie J. Maxwell, Esquire, Counsel for Mother Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for father ZZ s? ?' 61 AQK $€1DZ 40 r CHARLOTTE COLM, Plaintiff V. JOHN CRAWFORD, Defendant 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: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5790 CIVIL ACTION - LAW : IN CUSTODY The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF MacKenzie Crawford-Colm September 7, 2004 Mother 2. A Conciliation Conference was held in this matter on November 13, 2008, with the following in attendance: The Mother, Charlotte Colm, with her counsel, Katie J. Maxwell, Esquire, and the Father, John Crawford, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services. 3. The parties agreed to an Order in the form as attached. t(-iy-off ?V Date Jac eline M. Verney, Esquire Custody Conciliator