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HomeMy WebLinkAbout08-6293KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeamg1koaelaw.com Attorney for Plaintiff NGAIRE MANN, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. F - t .Z `t.3 ac a 71 TIM CRADDOCK, : CIVIL ACTION -LAW Defendant. : IN CUSTODY CUSTODY COMPLAINT AND NOW comes the above-named Plaintiff, NGAIRE MANN, by and through her attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Custody: 1. The Plaintiff is NGAIRE MANN, an adult individual who currently resides at 4710 Courtland Street, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter "Plaintiff' or "Mother"). 2. The Defendant is TIM CRADDOCK, an adult individual who currently resides at 67 N. Conley Lane, Etters, York County, Pennsylvania 17319 (hereinafter "Defendant" or "Father'). 3. Mother seeks primary legal custody and primary physical custody of the following female minor children: Manet Craddock, born October 23, 1994; Bryn Craddock, born November 3, 1997; and Aniika Craddock, born October 17, 2001 (hereinafter the "children"). The children reside with Mother at 4710 CourNand Street, Camp Hill, Cumberland County, Pennsylvania 17011. 4. Manet Craddock was born out of wedlock; Bryn and Aniika Craddock were born in wedlock. 5. The children are residing primarily with Mother. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES Ngaire Mann 4710 Courtland Street Chris Kalenak Camp Hill, PA 17011 Ngaire Mann 67 N. Conley Lane Tim Craddock Etters, PA 17319 Ngaire Mann 705/6 Quaker Circle Tim Craddock Lewisberry, PA 17339 DATES August 2007 - Present March/April 2006 - August 2007 December 2001 - March 2006 7. The mother of the children is Ngaire Mann, currently residing at 4710 Courtland Street, Camp Hill, Cumberland County, Pennsylvania. She is married but separated. 8. The father of the children is Tim Craddock, currently residing at 67 N. Conley Lane, Etters, York County, Pennsylvania. He is married but separated. 9. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the children and her significant other, Chris Kalenak. 10. The relationship of Defendant to the children is that of Father. Father resides with his girlfriend, Maria. 11. Mother has not participated as a party in previous litigation concerning the custody of the children. 12. Mother does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. Mother is requesting primary legal and primary physical custody of the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) Mother has been the primary caregiver for the children from the time of their birth to the present. Mother has taken on a greater role in the children's life and their upbringing; (b) Father has enjoyed occasional visits with the children, and has not asserted that he wants additional visitation. Mother would not deny Father time with the children, but the children would benefit from having their primary place of residence defined; (c) Mother is able to provide a more stable and safe home and emotional environment for the children; and (d) Mother has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Mother requests that this Honorable Court award Mother primary legal and primary physical custody of the children. Respectfully Submitted, KOPE & ASOOCIATES, LLC Lesle eam, Esq. Dated: I o f 1? 0$ VERIFICATION I, Ngaire Mann, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsifications to authorities. a wa-I Dated: Ngaire Mann b ^= CA.) t v "? KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibean0kopelaw.com NGAIRE MANN, Plaintiff, vs. TIM CRADDOCK, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. &)-q 3 c1u.I -f tck, CIVIL ACTION - LAW IN CUSTODY STIPULATION AND NOW, this ff>ik day of V, 6b-ey , 2008, it is STIPULATED and AGREED by and between the parties, Ngaire Mann ("Mother") and Tim Craddock ("Father"), intending to be legally bound hereby, that a Final Order regarding the .Ear, custody and visitation of their minor children Manet Craddock, born October 23, 1994; Bryn Craddock, bom November 3, 1997; and Aniika Craddock, bom October 17, 2001 (hereinafter the "children") shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that Mother will have primary legal custody of the children. The parties agree that Mother will make major decisions concerning the children, including, but not limited to, the children's health, welfare, education, religious training and upbringing. Mother anticipates that she will discuss these decisions with Father. 2. Each party agrees not to attempt to alienate the affections of the children f)("! from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Immediate decisions shall be the responsibility of the party having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, - teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. shall be with the Mother. 4. Partial Physical Custody: Primary physical custody of the childreomv 3. Primary Physical Custody: Father shall enjoy partial physi+ custody of the children at such times as the parties agree. 5. Holidays: The parties agree that Mother shall make the children available to Father for holiday time, as the parties agree. 6. Transportation: The parties hereby agree to share responsibility for transportation of the children. In the absence of agreement to the contrary, the party receiving custody shall be responsible for picking up the children. 2 7. When a parent is exercising custody of the children, said person shall ensure their attendance at and participation in school programs, extracurricular activities, sports, camp and similar enrichment programs. 8. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside a closed residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 9. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the children which shall not be excessive. Each parent shall maintain a telephone number where the children can be reached, and shall ensure that the other parent has this information. 10. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the children from the other and will make a conscious effort not to do so. Both parents shall establish a no-conflict zone for the children and refrain from and, to the extent possible, shall keep third parties from making such comments in the presence of the children whether the children are sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the children to provide reports about the other parent. Communication should always take place directly between parents, without using the children as intermediaries. 3 11. Applicable Laws: Any provision in this Agreement regarding child custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 12. Modification: The provisions of this Agreement may only be modified by a further order of court or a written agreement between the parties. 13. UCCJEA and PKPA: Should it become necessary for the parties to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, such enforcement shall be, at either party's option, in accordance with the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act of Pennsylvania, 23 Pa.C.S.A. §§ 5400-5482 ("UCCJEA") and the United States Parental Kidnapping Prevention Act, 28 U.S.C.A. § 1738A ("PKPA"). Should it become necessary for either party to apply to any court for enforcement of the custody obligations provided for in this Agreement, both of the undersigned parties hereby consent to the entry of any order required by any court or pursuant to the provisions of UCCJA and PKPA, and neither party will oppose an application being brought pursuant to these statutes. The parties agree that the Court of Common Pleas of Cumberland County shall remain the court of jurisdiction over the children until or unless both parents have relocated from Cumberland County. 4 14. The parties hereby agree that the terms of this Custody Stipulation shall be entered as a Final Order of Court in the captioned matter, superseding in full any prior Orders entered in this matter. KOPE & ASSOCIATES 4660 Tdndle Road, Suite 201 Camp Hill, PA 17102 Telgoone (717) 761-7573 J1Beam, Esquire iv or Plaintiff Ngaire Mann 4710 Courtland Street Camp Hill, PA 17011 Plaintiff Sworn to or affirmed and acknowledged before me by Tim Craddock on OtW? l3 , 2008 Notary Ic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cathy L. Youngblood, Notary Public Lemoyne Boro, Cumberland County My Commission Expires June 22, 2010 Member. Pennsylvania Association of Notaries Tim Craddock 67 N. Conley Lane Etters, PA 17319 Defendant 5 C= C' Q c? rz CO E N i CA) OCT [ 4 2008 cir NGAIRE MANN, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 0$- (oo'lg3 l.ivi l ( rtK TIM CRADDOCK, CIVIL ACTION - LAW Defendant. IN CUSTODY ORDER AND NOW, this 70- day of UfAl- 2008, the attached Stipulation signed by the above captioned parties is approved and entered as an Order of the Court. 1 V 1 M KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam kopelaw.com Attorney for Plaintiff NGAIRE MANN, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-6293 TIM CRADDOCK, CIVIL ACTION - LAW Defendant. IN CUSTODY ACCEPTANCE OF SERVICE I, Tim Craddock, Defendant in the above-captioned matter, hereby accept service of the Complaint in Custody and Custody Stipulation in the above captioned matter. Tim Craddock Date: #? ... ?"'+? ? ,`? ??J : J I°? ,.. t ? .i ;?. ., , ?: , ??' : ?