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HomeMy WebLinkAbout09-1133MATTHEW C. AUDETTE, PLAINTIFF VS. HEATHER LAWYER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 6 113 3 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 MATTHEW C. AUDETTE, PLAINTIFF VS. HEATHER LAWYER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 0 9. 113 3 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, MATTHEW C. AUDETTE, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Father") is MATTHEW C. AUDETTE, who currently resides at 332 South Rosemont Road, Virginia Beach, Virginia, 23452. 2. The Defendant (hereinafter sometimes referred to as "Mother") is HEATHER LAWYER, who currently resides at 22 Kenn Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks Shared Legal and Primary Physical Custody of the following child: Name Present Residence Date of Birth KALYA JAYDELYN ISABEL AUDETTE 22 Kerrs Avenue December 28, 2006 Carlisle, PA 4. The child was born out of wedlock. 5. Defendant presently refuses to allow Plaintiff any regular physical custody of the child. 6. Since birth the child has resided with the following persons at the following addresses: PERSONS Plaintiff and Defendant Plaintiff and Various other people ADDRESS Carlisle, PA and North Carolina Numerous locations in the Carlisle area DATES Birth to October, 2007 October, 2007 to Present 7. The Mother of the child is the Defendant, Heather Lawyer, who currently resides at 22 Kerrs Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 8. The Father of the child is the Plaintiff, Matthew C. Audette, who currently resides at 332 South Rosemont Road, Virginia Beach, Virginia, 23452. 9. The relationship of the Defendant, Heather Lawyer, to the child is that of the Natural Mother. Mother resides at 22 Kerrs Avenue, Carlisle, PA 17013. 10. The relationship of the Plaintiff, Matthew C. Audette, to the child is that of the Natural Father. Father resides at 332 South Rosemont Road, Virginia Beach, Virginia, 23452. 11. The 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. 12. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. The Mother has attempted to hide the child from Father and keep him from his daughter by moving frequently after leaving taking his daughter and leaving Father in North Carolina. Father must search for Mother and his daughter each time Mother moves; B. Mother is not employed and has no way to support or care for the child. Mother will not allow Father visitation with his daughter unless he pays Mother money in addition to the monies Father regularly pays for child support; C. Father has provided additional items for his daughter every time he is with her. His daughter is still wearing the same clothes, Father last purchased for his daughter. Father came to PA and found his daughter sleeping on the floor on a used old mattress. Father purchased his daughter a new bed and bedding, which no longer exists for his daughter; D. The child was afraid and confused when she arrived at Father's home through a visit negotiated by Mother's Father. Father was able to support his daughter and provide a warm and nurturing environment for his daughter in which she felt safe and comfortable, enough to begin potty training with her Father, which she does not do with her Mother; E. Father has a home with his wife and two (2) step-children who miss and ask about their step-sister. Father provides his daughter with more than just a stable and safe environment, he also provides a warm loving family environment; E. Mother has psychological problems; Mother cuts herself. Mother has admitted to this problem when communicating with Father's sister. The child has already begun to imitate Mother, acting as if she were cutting herself as her Mother does; F. Mother's step-brother, whom it is believed Mother lives with, has recently been released from an institution for drug and alcohol rehabilitation; G. Father recently offered to care for his daughter to give Mother the opportunity to get the help she needs. Mother agreed, then abruptly changed her mind; H. Father has great love and concern for his daughter and does not believe his daughter is in a safe environment when in the custody of the Mother. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as a party to this action. WHEREFORE, Plaintiff, MATTHEW C. AUDETTE, requests this Honorable Court award the Plaintiff, MATTHEW C. AUDETTE and the Defendant, HEATHER LAWYER, SHARED LEGAL CUSTODY and the Plaintiff, MATTHEW C. AUDETTE, PRIMARY ?rr' p ?_ o 4 D ti:? "F1 C7 ,- R ' MATTHEW C. AUDETTE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER LAWYER DEFENDANT 2009-1133 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 27, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 09, 2009 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. 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/ Hubert X. GRro Es q. 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 /vz 4 P;?Wx '?O. for yor-AOV w -,-Ov V-'/ S ?d LZS3. ?Q Z .. A r '.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Matthew Audette, DOCKET NUMBER 2009-1133 PLAINTIFF V. Heather Lawyer, DEFENDANT PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Heather Lawyer, in the above-captioned matter. Maw,( 2 c 12001 Date ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Matthew Audette, DOCKET NUMBER 2009-1133 PLAINTIFF v. Heather Lawyer, DEFENDANT CERTIFICATE OF SERVICE I, TrudiAnn M. Kirby, hereby certify that I am serving a true and correct copy of the foregoing Praecipe to Enter Appearance on counsel for plaintiff, by depositing a copy of the same in the United States mail, postage prepaid, this 26 day of March, 2009, as addressed as follows: Susan Kay Candiello, P.C 4010 Glenfinnan Place Mechanisburg, PA 17055 Trudi Irby Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax (717) 243-3639 MGvvG 2 4 , 2001 Date ??; ^' _ r-? { ..z ^! "i. '-?"' ---i t X1:1 a "°t ?' ... r-i ?, F a. -Y .. '.{? It APR 14 2090 G MATTHEW C. AUDETTE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW HEATHER LAWYER, NO. 2009-1133 Defendant IN CUSTODY COURT ORDER AND NOW, thisV day of April, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. J of the Cumberland County Courthouse on the R6A day of 2009 ate Q,.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORARY Custody Order is entered: A. The father, Matthew C. Audette, and the mother, Heather Lawyer, shall enjoy shared legal custody of Kalya Jaydelyn Isabel Audette, born December 28, 2006. B. The mother shall continue to enjoy primary physical custody of the minor child. f P g *t ,LQ C. The father shall enjoy temporary physical custody of the minor child for a period of one week per month pending the hearing. Father shall handle transportation during this time, with the court to address at the hearing scheduled above a more permanent order relative to custody and transportation issues. D. In the event the parties are unable to agree upon the one week per month schedule pending a hearing, legal counsel for the parties may contact the custody conciliator directly for a telephone conference at which time the conciliator may specify what weeks the father shall see the minor child pending the hearing. cc: Sus Kay Candiello, Esquire rudiAnn Kirby from the Dickinson School of Law Family Law Clinic 1L?(x:LL°J • I'??hl?l?? ESQ ..j-?? 4 BY THE COURT, MATTHEW C. AUDETTE, Plaintiff VS. HEATHER LAWYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-1133 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Kalya Jaydelyn Isabel Audette, born December 28, 2006. 2. A Conciliation Conference was held on April 9, 2009, with the following individuals in attendance: Susan Kay Candiello, Esquire, who is legal counsel for the father, Matthew C. Audette. Mr. Audette was available via telephone; TrudiAnn Kirby from the Dickinson School of Law Family Law Clinic, along with the mother, Heather Lawyer. 3. The mother lives in Perry County, Pennsylvania currently having just moved from Carlisle. Prior to that time, she resided in Carlisle for well over one year. Father lives in Virginia Beach and is living with his wife, two stepchildren and a child father has with his current wife. 4. Father is seeking at least 50% custody of the minor child. Mother is unwilling to agree to father's proposal. A hearing is required. 5. The Conciliator understands that for the most recent history of custody the father saw the child for one week in February of 2009 and one week in August of 2008. 6. The Conciliator recommends an Order in the form as attached. Date: ?2009 Hubert X. Gilroy, Custody ConcilV, f I'% MAY 1 ?_ 200861 MATTHEW C. AUDETTE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW HEATHER LAWYER, NO. 2009-1133 Defendant IN CUSTODY COURT ORDER AND NOW, this I3 day of May 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Consistent with paragraph 2(C) of the April 14, 2009, order, the father shall have custody of the minor child from Sunday, May 10, at 2:00 p.m. unless agreed otherwise by the parties until Sunday, May 17, at 2:00 p.m. unless the exchange time is agreed otherwise by the parties. Father shall provide all transportation for exchange of custody. 2. In all other respects, the April 14, 2009, order shall remain in place and the hearing scheduled for June 25, 2009, at 1:30 p.m. shall remain as scheduled. Z'- n KaY Candiello, Esquire cc: sa ArudiAnn Kirby from the Dickinson School of Law Family Law Clinic COF42S BY THE COURT, t= N ,3 - i ii =1 LLS u ? C J c -j 1 Id_ MATTHEW C. AUDETTE, Plaintiff vs. HEATHER LAWYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-1133 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. Pursuant to the April 14, 2009, order of court issued in this matter and pursuant to telephone discussions the conciliator conducted with Attorney Candiello and Attorney Raines from the Dickinson School of Law Family Law Clinic, the conciliator recommends an order in the form as attached Date: May 1/ '2009 Hubert t Gilroy squire Custody onci 'ator Matthew Audette, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Heather Lawyer, Defendant. : NO. 2009-1133 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this day of 2009, between Heather Lawyer, hereinafter Mother, and Matthew Audette , hereinafter Father, concerns the custody of their child: Kaiya Jadelyn Isabella Audette, born December 28, 2006. Mother and Father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of the child. a. Pursuant to 23 Pa. C.S. § 5302, legal custody is defined as: the legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions. 2. Mother shall have primary physical custody of the child. 3. Beginning July 2009, Father shall have periods of partial physical custody of the child for a period of one week every four weeks, those weeks which are mutually agreed upon by the parties are as follows: a. Sunday, July 5, 2009- Sunday July 12, 2009 b. Saturday, August 1, 2009- Saturday, August 8, 2009 c. Saturday, September 5, 2009- Saturday, September 12, 2009 4. Beginning October, 2009, Father shall have periods of partial physical custody of the child for a period of two weeks for every eight weeks, those weeks which are mutually agreed upon by the parties are as follows: a. Saturday, October 10, 2009- Saturday, October 24, 2009 b. Saturday, December 19, 2009- Saturday, January 2, 2010 5. Mother and Father agree that Father's periods of partial physical custody shall be subject to the child's school schedule once she is enrolled in the Head Start Program. 6. Mother and Father agree to spend alternating holidays with the child as follows: a. Thanksgiving: i. Father shall have periods of partial physical custody of the child in even numbered years. Mother shall have custody of the child in odd numbered years. b. Christmas: i. Father shall have partial physical custody of the child in odd numbered years. Mother shall have custody of the child in even numbered years. c. Easter: i. Father shall have partial physical custody of the child in even numbered years. Mother will have custody of the child in odd numbered years. d. The holiday schedule supersedes any other arrangement. 2 7. Father shall have partial physical custody of the child for four weeks each summer. This summer schedule stands in place of the two weeks every eight weeks schedule during the summer months only. 8. Father and Mother agree that beginning July, 2009 Mother and Father will meet at a half-way point to exchange the child: a. The halfway point as mutually decided upon by the parties is the McDonald's in Quantico Virginia. The address for this McDonald's is listed as: 3500 Russell Rd. #A, Quantico, VA 22134. 9. Mother and Father will keep each other informed of all contact information including home address, home phone, and cellular phone numbers. 10. Mother and Father will notify each other of all medical care the child receives while in that parent's care. Mother and Father will notify each other immediately of medical emergencies which arise while the child is in that parent's care. 11. Father will allow and assist the child to call Mother every night at 8 p.m. while the child is in Father's care. Mother will allow and assist the child to call Father at least three times per week at 8 p.m. while the child is in Mother's care. 12. Neither parent will do anything which may estrange the child from the other party, nor injure the opinion of the child as to the other parent nor which may hamper the free and natural development of the child's love and respect for the other parent, nor allow others to do so. 3 13. The parties intend to be bound by the terms of this agreement and intend for this agreement to be made an Order of Court. 14. The parties agree that the hearing scheduled for Thursday, June 25, 2009 is cancelled. Matthew Audette, Plaintiff r? Susan-( 4010 G 40 He *Ler,0efenUdanrM. Kirby Mechanicsb g, P 17055 Telephone (71 24-2278 Fax (717) 724-2279 Counsel for Plaintiff Date for Defendant ROB IN THOM S M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Counsel for Defendant FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Telephone (717)243-2968 Fax(717)243-3639 0101/ oq Date 4 OF THEs -,rsY 1099 ilU; . 233 t d_ r:_ r I, JUN 2 4 2009 4 Matthew Audette, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Heather Lawyer, Defendant : NO. 2009-1133 CIVIL TERM ORDER OF COURT AND NOW, this day of ; I M& , 2009 upon consideration of the attached Custody Agreement, it is hereby ordered that: 1. Mother and Father shall share legal custody of the child. a. Pursuant to 23 Pa. C.S. § 5302, legal custody is defined as: the legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions. 2. Mother shall have primary physical custody of the child. 3. Beginning July 2009, Father shall have periods of partial physical custody of the child for a period of one week every four weeks, those weeks which are mutually agreed upon by the parties are as follows: a. Sunday, July 5, 2009- Sunday July 12, 2009 b. Saturday, August 1, 2009- Saturday, August 8, 2009 c. Saturday, September 5, 2009- Saturday, September 12, 2009 4. Beginning October, 2009, Father shall have periods of partial physical custody of the child for a period of two weeks for every eight weeks, those weeks which are mutually agreed upon by the parties are as follows: a. Saturday, October 10, 2009- Saturday, October 24, 2009 b. Saturday, December 19, 2009- Saturday, January 2, 2010 5. Mother and Father agree that Father's periods of partial physical custody shall be subject to the child's school schedule once she is enrolled in the Head Start Program. 6. Mother and Father agree to spend alternating holidays with the child as follows: a. Thanksgiving: i. Father shall have periods of partial physical custody of the child in even numbered years. Mother shall have custody of the child in odd numbered years. b. Christmas: i. Father shall have partial physical custody of the child in odd numbered years. Mother shall have custody of the child in even numbered years. c. Easter: i. Father shall have partial physical custody of the child in even numbered years. Mother will have custody of the child in odd numbered years. d. The holiday schedule supersedes any other arrangement. 7. Father shall have partial physical custody of the child for four weeks each summer. This summer schedule stands in place of the two weeks every eight weeks schedule during the summer months only. 8. Father and Mother agree that beginning July, 2009 Mother and Father will meet at a half-way point to exchange the child: a. The halfway point as mutually decided upon by the parties is the McDonald's in Quantico Virginia. The address for this McDonald's is listed as: 3500 Russell Rd. #A, Quantico, VA 22134. 9. Mother and Father will keep each other informed of all contact information including home address, home phone, and cellular phone numbers. 10. Mother and Father will notify each other of all medical care the child receives while in that parent's care. Mother and Father will notify each other immediately of medical emergencies which arise while the child is in that parent's care. 11. Father will allow and assist the child to call Mother every night at 8 p.m. while the child is in Father's care. Mother will allow and assist the child to call Father at least three times per week at 8 p.m. while the child is in Mother's care. 12. Neither parent will do anything which may estrange the child from the other party, nor injure the opinion of the child as to the other parent nor which may hamper the free and natural development of the child's love and respect for the other parent, nor allow others to do so. 13. The parties intend to be bound by the terms of this agreement and intend for this agreement to be made an Order of Court. 14. The parties agree that the hearing scheduled for Thursday, June 25, 2009 is cancelled. RV TNR CnT TRT- OF THE Pf" RY 2 %J UN 2 F II 2: L q?.tuw MATTHEW C. AUDETTE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW HEATHER LAWYER, Defendant N0.09-1133 CIVIL TERM IN RE: CUSTODY COMPLAINT ORDER OF COURT AND NOW, this 23rd day of June, 2010, upon relation of Susan Kay Candiello, Esq., attorney for Plaintiff, that a Praecipe for Withdrawal of Complaint was filed on June 22, 1010, the hearing scheduled for August 4, 2010, is cancelled. BY THE COURT, ~"~ ,~ ,~ ~,; i'J~ ~~~+ ~ //,,, (; + f~, ~~'-7 ~~, Lesley Ol r Jr. ~san Kay Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17 055 Attorney for Plaintiff ~mily Law Clinic 45 North Pitt Street Carlisle, Pa 17013 Attorney for Defendant :rc n C r~ m {;, ' ~' 1 ~, ~ . ~~' .~-- ~ .n'p ~ ~"+ '