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HomeMy WebLinkAbout09-1379JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343/Fax: (717) 422-5526 KARLA A. HENRY and THEODORE J. HENRY, Plaintiff V. KANDIS S. SCOTT and JOHN A. PRICE, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 _ ?3 79 ew,- ?Cfrti CIVIL ACTION - LAW CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. The Plaintiffs are Karla A. Henry and Theodore J. Henry residing at 22 Southmont Drive, Enola, PA 17025 2. The Defendants are Kandis S. Scott, residing at the Evergreen House (half-way facility), 100 Evergreen Street, Harrisburg, PA 17104, and John A. Price, residing at 706 N. Pitt Street, Carlisle, PA 17013. 3. Plaintiffs seek custody of the following child: NAME PRESENT RESIDENCE AGE DOB Katheryn A. Scott 22 Southmont Drive 1 year 02/15/2008 Enola, PA 17025 The child was born out of wedlock. The child is presently in the custody of Plaintiffs, who reside at 22 Southmont Drive, Enola, PA 17025. During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Karla A. Henry (Grandmother) 22 Southmont Drive DOB to present Theodore J. Henry (Step-grandfather) Enola, PA 17025 Kassandra L. Henry (Aunt) Michael J. Brill (Fiancee of Aunt) Kandis S. Scott (Mother - until she left residence on or about June 15, 2008, and then was subsequently incarcerated on July 10, 2008) Karla A. Henry is the grandmother of the child and Theodore J. Henry is the husband of Karla A. Henry (step-grandfather). Karla A. Henry and Theodore J. Henry have stood in loco parentis of the minor child since child's birth on February 15, 2008. The mother of the child is Kandis S. Scott, currently residing at Evergreen House (half-way facility), 100 Evergreen Street, Harrisburg, PA, 17104. She is single. The father of the child is John A. Price, currently residing at 706 N. Pitt Street, Carlisle, PA 17013. His marital status is unknown. 4. The relationship of the Plaintiffs to the child is that of grandparents. The Plaintiffs currently reside with the following persons: NAME RELATIONSHIP Katheryn A. Scott Grandchild (subject child) Kassandra L. Henry Daughter Michael J. Brill Fiancee of Kassandra L. Henry The relationship of the Defendant, Kandis S. Scott, to the child is that of mother and she currently resides in a half-way facility in Harrisburg, PA. as a condition of her incarceration. The Defendant, John A. Price, is that of father and he currently resides with the following persons: unknown. 6. Plaintiffs have 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. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiffs do 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Child has resided in the Plaintiffs' home at 22 Southmont Drive, Enola, PA, since her birth; B. Defendant father, John A. Price, has had no contact with the child since March of 2008, nor has he attempted to initiate such contact; C. Defendant mother, Kandis S. Scott was incarcerated on July 10, 2008 and is presently in a half-way house in Harrisburg, PA; D. Plaintiffs, Karla A. Henry and Thodore J. Henry, have acted in a parental capacity since the child's birth, and have had sole physical custody of the child since July 10, 2008. 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 a party to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child. Dated: March 1 , 2009 Respectfully submitted, JOHN F. KING LAW, P.C. J F. King, squire 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Attorney for Plaintiff VERIFICATION We, Karla A. Henry and Theodore J. Henry, hereby acknowledge that we are the Plaintiffs in the foregoing action; that we have read the foregoing Complaint for Custody; and the facts stated therein are true and correct to the best of our knowledge, information and belief. We understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. 4-K)-N, k Karla A. Henry f Theodore J. Henry Dated: March 4 , 2009 N i.? S r ' -50 l mp ,•?. W ? . KARLA A. HENRY AND THEODORE J. IN THE COURT OF COMMON PLEAS OF HENRY PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1379 CIVIL ACTION LAW KANDIS S. SCOTT AND JOHN A. PRICE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, March 10, 2009 , 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, April 07, 2009 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 pennanent 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 ue. ne 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 1-4? *-A&- --u- 44i?7 ? ?! I . _; S S .Z Wd 01 HVW 6001 lL d4f tad 3Hi dO 301 APR 0 9 2009 ? KARLA A. HENRY and THEODORE J. HENRY, Plaintiffs V. KANDIS S. SCOTT and JOHN A. PRICE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1379 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this tLYh day of ?Of"% \ , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The maternal grandmother and step grandfather, Karla A. Henry and Theodore J. Henry and the Mother, Kandis S. Scott, shall have shared legal custody of Katheryn A. Scott, born February 15, 2008. Each party shall have an equal right, to be exercised jointly with the other party, 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 party 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 party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party 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. The maternal grandmother and step-grandfather shall have primary physical custody of the child. 3. Mother shall have the following phased-in schedule of partial physical custody: A. Alternating Sundays beginning Easter Sunday, April 12, 2009 from 12:00 noon to 6:00 p.m. for 2 months or 4 such visits. B. After four visits, then alternating overnights, from Saturday to Sunday from Saturday at 6:00 p.m. to Sunday at 6:00 p.m. for four such visits. C. After four overnights, then alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 4. Maternal Grandmother and step-grandfather shall be responsible for all transportation. 5. In the event that Mother is unable to exercise her periods of partial custody, the grandparents shall offer makeup time the next weekend. 6. 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. Another Custody Conciliation Conference is scheduled for July 7, 2009 at 8:30 a.m. BY THE COURT, J. cc?fohn F. King, Esquire, Counsel for maternal grandmother and step-grandfather Midis S. Scott, pro se 100 Evergreen Street Harrisburg, PA 17104 A. Price, pro se ?hn 706 N. Pitt Street Carlisle, PA 17013 Aim 6 C :8 Wit S I NdV 60OZ :'Hi ?G 33fzHC--0311) KARLA A. HENRY and THEODORE J. HENRY, Plaintiffs V. KANDIS S. SCOTT and JOHN A. PRICE, Defendants PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1379 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 the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Katheryn A. Scott February 15, 2008 maternal grandmother & step-grandfather 2. A Conciliation Conference was held in this matter on April 7, 2009, with the following in attendance: The maternal grandmother and step-grandfather, Karla A. Henry and Theodore J. Henry, with their counsel, John F. King, Esquire, and the Mother, Kandis S. Scott, pro se. Although served with notice of the conciliation conference, Father did not appear. 3. The parties present at the conference agreed to an Order in the form as attached. Date acq me M. Verney, Esquire Custody Conciliator JUL 0.8 20094 KARLA A. HENRY and THEODORE J. HENRY, Plaintiffs V. KANDIS S. SCOTT and JOHN A. PRICE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1379 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of 'v, Ii , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated April 14, 2009 shall remain in full force and effect with the following additions and modifications. 2. On the off week, mother shall have one evening per week, the times and day as agreed by the parties and such other times as agreed by the parties. 3. Holidays: A. Thanksgiving shall be shared with the grandparents always having physical custody of the child from 9:00 a.m. to 3:00 p.m. and Mother always having physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Christmas. Christmas shall be divided into two Blocks. Black A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Maternal Grandparents shall always have Block A and Mother shall always have Block B. C. Child's Birthday. Mother shall be entitled to a block of time with the child on the Child's birthday. 4. Transportation shall be the responsibility of the grandparents until Mother obtains her license and a car, at which time transportation shall be shared as agreed by the parties. 5. 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. BY THE COURT, c 6?John F. King, Esquire, Counsel for maternal grandmother and step-grandfather /Kandis S. Scott, pro se 2148 Green Street Apt 2 Harrisburg, PA 17110 John A. Price, pro se 706 N. Pitt Street Carlisle, PA 17013 eoP?FS .??l?d? 7141 ? tl;vy) KARLA A. HENRY and THEODORE J. HENRY, Plaintiffs V. KANDIS S. SCOTT and JOHN A. PRICE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1379 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Katheryn A. Scott February 15, 2008 maternal grandmother & step-grandfather 2. A Conciliation Conference was held in this matter on July 7, 2009, with the following in attendance: The maternal grandmother and step-grandfather, Karla A. Henry and Theodore J. Henry, with their counsel, John F. King, Esquire, and the Mother, Kandis S. Scott, pro se. Although served with notice of the conciliation conference, Father did not appear. 3. The Honorable M.L. Ebert, Jr., entered an Order of Court dated April 14, 2009 providing for shared legal custody by the grandparents and mother, Grandparents having primary physical custody and Mother having a phased-in partial physical custody arrangement culminating in alternating weekends, Friday to Sunday. 4. The parties present at the conference agreed to an Order in the form as attached. Date ac line M. Verney, Esquire Custody Conciliator FILED--C)F& F OF THE x'7`71 !"MTA?Y 2669 JUIL -9 AN 11: 3D CL?r! - _ '.? „ice, i ?t l l v? i 1,,,.? l r",1