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HomeMy WebLinkAbout09-1217JAYNE ARMSTRONG Plaintiff V. JAMES MONAHAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09 - 12 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY OR PARTIAL CUSTODY AND NOW comes Jayne Armstrong, natural mother of the subject children, by her attorney, Dirk E. Berry, Esquire, and respectfully avers as follows: 1. The plaintiff is Jayne Armstrong, residing at 4 White House Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant is James Monahan, residing at 427 '/s East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks Order affirming the current custody arrangement which includes primary physical custody of the following children: Name Michal Kayt Monahan Present Residence Date of Birth 4 White House Road 9/20/96 Shippensburg, PA 17257 James Gamaliel Monahan 4 White House Road 6/15/00 Shippensburg, PA 17257 a) The children were born in wedlock. b) The children are presently in the custody of Jayne Armstrong who resides at 4 White House Road, Shippensburg, Cumberland County, Pennsylvania 17257. c) During the past five years, the children have resided with the following persons and at the following addresses: Name Address Dates Jayne Armstrong natural mother 4 White House Rd. Aug. 2006 to present Shippensburg, PA 17257 Jayne Armstrong & James Monahan 127 E. Ring St. Sep. 2004 to Aug. 2006 natural mother and father Shippensburg, PA 17257 Jayne Armstrong & James Monahan Easy St. June 2001 to Sep. 2004 natural mother and father Concord, NC d) The mother of the child is Jayne Armstrong, residing at 4 White House Road, Shippensburg, Cumberland County, Pennsylvania 17257. e) She is married. f) The father of the child is James Monahan, residing at 427 VZ East Ring Street, Shippensburg, Cumberland County, Pennsylvania 17257. g) He is single. 4. The relationship of plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Name Rely Zach Armstrong Husband Michal Kayt Monahan Daughter James Gamaliel Monahan Son 5. The relationship of defendant to the child is that of natural father. The defendant currently resides with the following persons: Name Relate NIA NIA 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. a) Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. b) Plaintiff does not know of any other 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) The children will benefit from the improved stability associated with an Order that affirms and continues the Primary Physical Custodian role of their mother. 8. 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 parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None known at present WHEREFORE, Plaintiff, Jayne Armstrong, respectfully requests this Honorable Court grant primary physical or partial physical custody of the children, Michal Kayt Monahan and James Gamaliel Monahan. Respectfully submitted, LAW OFFICE OF DIRK BERRY, ESQ. /I c 1 Dirk E. Berry, Esquire Attorney for Plaintiff 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 CATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. a- a ? Date JAYNE ARMSTRONG : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09 - CIVIL TERM JAMES MONAHAN : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE 1, Dirk E. Berry, Esquire, do hereby certify that on this day Plaintiff s Complaint for Custody or Partial Custody was served by first class mail, postage pre-paid upon the following person: James Monihan 427 V2 East King Street Shippensburg, PA 17257 / f . /' I Date: 2. -2, 7 - v q Dirk E. Berry, Esquire Attorney for Plaintiff 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 IAN N 4 -C JAYNE ARMSTRONG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1217 CIVIL ACTION LAW JAMES MONAHAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, March 03, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., 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 hearinst. FOR THE COURT. r. Es . By: /s/ ohn . Mangan 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 A4V M??v?d : S O :Zl wd S- 8vu 6m IV4i11IVl'"?t/1 1.LOd IN 3HL w O MAY 0 8 2008 G, JAYNE ARMSTRONG IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES MONAHAN : No. 09-1217 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this )3_4 day of May 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the ? -'V- day of , 2009 at / ; 3y wn/pm in Courtroom number in the C berland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal custody: The Mother, Jayne Armstrong, and the Father, James Monahan shall have shared legal custody of Michal Kayt Monahan, born 09/20/1996 and James Gamaliel Monahan, born 06/15/2000. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of 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. 3. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Father shall have physical custody of the Children every Friday from between 5:00 pm-8:00 pm until Sunday morning at 9:30 am. b. Father shall have physical custody of the Children every Wednesday from between 5:00 pm and 8:00 pm until Thursday morning bringing the Children to school. k i Z . WV ? I AVq 6001 -1.1"-r C. In the event either parent is unable to pick the Children up at the designated times, the custodial parent shall retain custody of the Children. d. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange a holiday schedule as attached in the absence of mutual agreement otherwise. The holiday schedule shall supersede the regular physical custodial schedule and if either party is more than two (2) hours late in picking up the Children for their holiday period, the custodial party shall retain the Children. 6. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Each parent shall have one week (seven consecutive days) of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. Additionally, neither party may consume alcohol within four (4) hours prior to transporting the Children. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Distribution: ,,16irk Berry, Esq. ames Monahan, 427 %Z East King Street, Shippensburg, PA 17257 _"h J. Mangan, Esq. HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Thanksgiving 1 s Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Mother Father Thanksgiving 2° half From 2 pm on Thanksgiving Day to 8 m the day after Thanksgiving Da Father Mother Christmas 1 s` Half From 8 am until 2 m Father Mother Christmas 2° Half From 2 m until 8 m Mother Father Mother's Da From 8 am until 8 m Mother Mother Father's Day From 8 am until 8 m Father Father COF t 'ES m3tlEd. s/iV?v9 JAYNE ARMSTRONG Plaintiff V. JAMES MONAHAN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-1217 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Michal Kayt Monahan 09/20/1996 Mother and Father James Gamaliel Monahan 06/15/2000 Mother and Father 2. A Conciliation Conference was held on April 09, 2009 with the following individuals participating: The Mother, Jayne Armstrong, with her counsel Dirk Berry, Esq. The Father, James Monahan, pro se, appeared by telephone. 3. Mother's position on custody is as follows: Mother desires an Order of Court reflecting the status quo that she technically has primary custody of the Children. Both Mother and Father did agree to the physical custodial schedule, exchange times, vacation clause and holiday schedule. The disagreement arose when Mother's counsel requested that the proposed Order state that Mother has "primary" custody of the Children. Father adamantly refused to agree that the proposed Order state that Mother has "primary" custody. Both Mother and Father then stated that they were willing to move this matter to a scheduled hearing in front of the assigned Judge over this issue. 4. Father's position on custody is as follows: Father desires an Order of Court that states he has primary or at least shared physical custody of the Children. Both Mother and Father did agree to the physical custodial schedule, exchange times, vacation clause and holiday schedule. The disagreement arose when Mother's counsel requested that the proposed Order state that Mother has "primary" custody of the Children. Father adamantly refused to agree that the proposed Order state that Mother has "primary" custody. Both Mother and Father then stated that they were willing to move this matter to a scheduled hearing in front of the assigned Judge over this issue. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: J J angan, Es Custody Conciliat MAY I a 2009 C? JAYND ARMSTRONG Plaintiff V. JAMES MONAHAN Defendant Prior Judge Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-1217 Civil Term : ACTION IN CUSTODY AMENDED COURT ORDER ?ND NOW, this 7-/* day of May 2009, upon consideration of the attached Conciliation Report, it is ordered and directed that: 1. The prior Order of Court dated May 13, 2009 is hereby VACATED and replaced with this Order. 2. 's Order is entered pursuant to a Custody Conciliation Conference. A Custody Baring is hereby scheduled on the 24th day of July 2009 at 1:30 pm in ourtroom number 4 in the Cumberland County Court of Common Pleas, arlisle, PA 17013 at which time testimony will be taken in regard to the physical ustody for the subject Children. For purposes of this hearing, the Mother, Jayne Armstrong, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing ounsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the ticipated testimony of each witness. These Memoranda shall be filed at least ve days prior to the hearing date. 3. e gal custod : The Mother, Jayne Armstrong, and the Father, James Monahan hall have shared legal custody of Michal Kayt Monahan, born 09/20/1996 and ames Gamaliel Monahan, born 06/15/2000. The parties shall have an equal right o make all major non-emergency decisions affecting the Children's general well- eing including, but not limited to, all decisions regarding their health, education d religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be ntitled to all records and information pertaining to the Children including, but of limited to, medical, dental, religious or school records, the residence address f the Children and of the other parent. To the extent one parent has possession f any such records or information, that parent shall be required to share the same, r copies thereof, with the other parent within such reasonable time as to make the ecords and information of reasonable use to the other parent. 4. Physical Custody: Mother shall have primary physical custody of the Children ubject to Father's physical custody as follows: a. Father shall have physical custody of the Children every Friday from between 5:00 pm-8:00 pm until Sunday morning at 9:30 am. b. Father shall have physical custody of the Children every Wednesday from between 5:00 pm and 8:00 pm until Thursday morning bringing the Children to school. C. In the event either parent is unable to pick the Children up at the designated times, the custodial parent shall retain custody of the Children. d. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. Holidays: The parents shall arrange a holiday schedule as attached in the absence of mutual agreement otherwise. The holiday schedule shall supersede the regular physical custodial schedule and if either party is more than two (2) hours late in picking up the Children for their holiday period, the custodial party shall retain the Children. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be 8. Each parent shall have one week (seven consecutive days) of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. Additionally, neither party may consume alcohol within four (4) hours prior to transporting the Children. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. irk B rry, Esq. ` /J es ar an,427'/2 East King Street, Shippensburg, PA 17257 J. an, Esq. 12aF t ts mu, HO SPE AYS AND DAYS T NM EVEN YEARS ODD YEARS Half wing 1 S From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Mother Father Thanks half iving 2° From 2 pm on Thanksgiving Day to 8 m the day after Thanksgiving Da Father Mother Chris as 1 Half From 8 am until 2 m Father Mother Christm as 2° Half From 2 m until 8 m Mother Father Mother s Da From 8 am until 8 m Mother Mother Father' Da From 8 am until 8 m Father Father ? ?r :`} ?` i =. Y: r ' ?? -' '?. 7 k ; e. ? s - ? ? ))? Y??l' ,: }??i Y ??? v Lr JAY-9 ARMSTRONG Plaintiff v. J. MONAHAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-1217 Civil Term Defendant : ACTION IN CUSTODY CONCILIATION CONFERENCE SUNMI[ARY REPORT report: 1. ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF JRE 1915.3-8(B), the undersigned Custody Conciliator submits the following The pertinent information pertaining to the children who are the subject of this litigation is as follows: Date of Birth Currently in the Custody of I Kayt Monahan 09/20/1996 Mother and Father Gamaliel Monahan 06/15/2000 Mother and Father 2 3 Conciliation Conference was held on April 09, 2009, an Order issued May 13, 09 and a request was made to designate Mother as the moving party for the Mother indicates that she should be considered the moving party and proceed initially with testimony. Mother's position on custody is as follows: Mother desires an Order of Court reflecting the status quo that she technically has primary custody of the Children. Both Mother and Father did agree to the physical custodial schedule, exchange times, vacation clause and holiday schedule. The disagreement arose when Mother's counsel requested that the proposed Order state that Mother has "primary" custody of the Children. Father adamantly refused to agree that the proposed Order state that Mother has "primary" custody. Both Mother and Father then stated that they were willing to move this matter to a scheduled hearing in front of the assigned Judge over this issue. Father's position on custody is as follows: Father desires an Order of Court that states he has primary or at least shared physical custody of the Children. Both Mother and Father did agree to the physical custodial schedule, exchange times, vacation clause and holiday schedule. The disagreement arose when Mother's counsel requested that the proposed Order state that Mother has "primary" custody of the Children. Father adamantly refused to agree that the proposed Order state that Mother has "primary" custody. Both Mother and Father then stated that they were willing to move this matter to a scheduled hearing in front of the assigned Judge over this issue. 4. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 5. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: John gan, Esquir Custody Conciliator JAYNE ARMSTRONG, Plaintiff vs. JAMES MONAHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-1217 CIVIL IN CUSTODY ORDER AND NOW, this is modified as follows: ~ ~ day of August, 2009, after hearing, our order of May 13, 2009, 1. Paragraph 3 is amended to provide that the parties shall share physical custody of their children with custody in the mother subject to father's physical custody as set forth in said order. 2. Paragraph 3(a) is amended to provide that if the children are unavailable for pick-up on Sunday morning for two or more Sundays in any two-calendar-month periods, the pick-up time for the next two months shall be Saturday evening at 8:00 p.m., reverting thereafter to the originally agreed Sunday morning 9:30 a.m. pick-up until such time as the unavailability clause is again triggered. All other terms and conditions of our of May 13, 2009, not inconsistent herewith, shall remain in full force and effect. ~ Dirk Berry, Esquire For the Plaintiff ~ James Monaghan, Pro Se Defendant 1:.~~ 1 ~~ /Yiv`L l l~l~ S j~`o~ ~~ BY THE COURT, ~-s4 ~-r_ ~~~: (~.,. 3 3 ; i,.~ 1 .z~k