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Home My WebLink About09-4130Custody Complaint Prepared by: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOPHER D. McKAY Plaintiff . NO. 09- Y/ 3a CIVIL TERM V. CIVIL ACTION - LAW JULIE K. FLETCHER, ANDREA HARRINGTON ANEW CUSTODY LEE HARRI NGTON Defendants CUSTODY COMPLAINT 1. The Plaintiff is Kristopher D. McKay, residing at 1932 A, Fry Loop Ave., Carlisle, Cumberland County, PA 17013, but about to relocate to Ft. Bragg, North Carolina, where he anticipates he will reside for the next three (3) years as part of his military service. 2. The Defendant, Julie K. Fletcher, resides at 335 E. Sherwood Drive, York, York County, PA 17403. 3. The Defendants, Andrea Harrington and Lee Harrington, are husband and wife and reside at 6 Graystone Manor Drive, Camp Hill, Cumberland County, PA 17011 4. Plaintiff seeks custody of the following child: NAME PLACE OF RESIDENCE AGE D.O.B. Kaylee G. McKay 6 Graystone Manor Drive Camp Hill, PA 17011 18 mos 10/12/07 5. The child was not born out of wedlock. 6. The child is presently in the custody of the Andrea Harrington and Lee Harrington who resides at 6 Graystone Manor Drive, Camp Hill, Cumberland County, PA 17011. 7. During the past five years, the child has resided with the following persons and at the following addresses: - 1 - r PERSONS ADDRESSES DATES Andrea Harrington 6 Graystone Manor Drive 1/2009 to present Lee Harrington Camp Hill, PA 17011 Michelle Harrington Andrea Harrington 6 Graystone Manor Drive 1/2008-12/2008 Lee Harrington Camp Hill, PA 17011 Michelle Harrington Julie K. Fletcher Kristopher D. McKay 432 Brian Court Birth to 1/2008 Julie K. Fletcher Mechanicsburg, PA 8. The mother of the child is Julie K. Fletcher currently residing at 335 E. Sherwood Drive, York, PA 17403. 9. The mother is divorced from Father. 10. The father of the child is Kristopher D. McKay currently residing at 1932 A, Fry Loop Ave., Carlisle, Cumberland County, PA 17013,. 11. The father is divorced from mother. 12. The relationship of Plaintiff to the child is that of father. 13. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIP Heather B. Ritchey fiance 14. The relationship of Defendant, Julie K. Fletcher, to the child is that of mother. 15. The Defendant, Julie K. Fletcher, currently resides with the following persons: NAMES RELATIONSHW Brian ? boyfriend 16. The relationship of Defendant, Julie K. Fletcher, to the child is that of mother. 17. The Defendants, Andrea Harrington and Lee Harrington, currently reside with the following persons: -2- NAMES RELATIONSHIP Kaylee G. McKay grandchild Michelle Harrinton daughter of Lee Harrington 18. 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. 19. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 20. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 21. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Father is the natural parent of the child and has a prima facia right to custody of the child. B. Father is better suited to provide for the best interest of the child. C. Defendants have prevented father from exercising his custodial rights and have prevented his parents from seeing the child by refusing to allow Plaintiff to take the child to them at their home in Idaho. 22. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiffrequests the Court to grant Plaintiff shared legal and primary physical custody of the child, subject to partial custody rights for the Defendants as this Honorable Court deems appropriate. Recnectfid1v,mhm;ttPrl Date: June 16, 2009 -3- Camp Hill, PA 17011 Phone: (717) 737-0100 ID No. 32112 VERIFICATION I verify that the statements made in the foregoing document are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. M Kristopher D. McKay Date: JuV& to, Z009 OF THE F'-'T' 7AR 2GO9 J3Ur117 A 6.30 11t14+?trJi Li ..?•'?. E l?? ?6 D ORIGINAL Petition for Emergency Relief Prepared by: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff , Kristopher D. McKay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOPHER D. MCKAY Plaintiff V. : NO. 09- '+ 130 : CIVIL ACTION - LAW JULIE K. FLETCHER, ANDREA HARRINGTON : IN CUSTODY and LEE HARRINGTON Defendants PETITION FOR EMERGENCY RELIEF CIVIL TERM AND NOW, this 171H day of June, 2009, comes the petitioner, Kerri E. Diehl, and files the above referenced Petition and respectfully represents that: 1. This is a Custody case. This Petition involves a request for an emergency order for partial physical custody of the subject child. 1. The following attorneys have entered their appearances in this case: (a) Diane G. Radcliff, Esquire for Plaintiff; 2. A copy of this Petition is being mailed to the Respondents upon the filing of this Petition. 3. No Judge has been assigned to this case. 4. Your Petitioner, Kristopher D. McKay, is an adult individual residing at 1932 A, Fry Loop Ave., Carlisle, Cumberland County, PA 17013, and is the Plaintiff in the above referenced action. Petitioner is hereinafter referred to as "Father". w 5. Your Respondent, Julie K. Fletcher, is an adult individual residing at 335 E. Sherwood Drive, York, York County, PA 17403, and is the Defendant in the above referenced action. Respondent Fletcher is hereinafter referred to as "Mother". 6. Your Respondents, Andrea Harrington and Lee Harrington, are adult individuals residing at 6 Graystone Manor Drive, Camp Hill, Cumberland County, PA 17011 and are the Defendants in the above referenced action. Respondent Andrea Harrington is the mother of Defendant Fletcher. Respondent Lee Harrington is the step father of Defendant Fletcher. The Defendants Harrington are hereinafter referred to as "Maternal Grandparents" 7. Mother and Father are the parents of the following referenced minor child: NAME PLACE OF RESIDENCE AGE D.O.B. Kaylee G. McKay 6 Graystone Manor Drive Camp Hill, PA 17011 18 mos 10/12/07 8. The child has lived with the following persons since birth: PERSONS ADDRESSES DATES Andrea Harrington 6 Graystone Manor Drive 1/2009 to present Lee Harrington Camp Hill, PA 17011 Michelle Harrington Andrea Harrington 6 Graystone Manor Drive 1/2008-12/2008 Lee Harrington Camp Hill, PA 17011 Michelle Harrington Julie K. Fletcher Kristopher D. McKay 432 Brian Court Birth to 1/2008 Julie K. Fletcher Mechanicsburg, PA 9. Father is active duty military. Shortly after he left for Iraq, in January 2008, Mother sent Father a communication advising him that she was separating from him and moving in with her mother. 10. Since Father returned from Iraq, Mother and Maternal Grandparents have refused to allow Father to exercise any reasonable custodial periods, refusing to permit him to have the child for any extended time including, but not limited to, overnight visits and visits outside of the Maternal Grandparents' home. 11. Despite the unreasonable restrictions placed on him by the Defendants, Father visits with the child regularly at the Maternal Grandparents' home. 12. Father is being transferred to Ft. Bragg, North Caroline and believes he will be leaving for that post during the week of June 22nd 13. Father asked to be able to take the child for an outing to Gettysburg before he leaves for North Carolina and was refused by the Defendants. 14. Father asked to be able to take the child to the local park before leaving for North Carolina but his request was refused by the Defendants. 15. There is no order for custody entered in this or any other case in the Commonwealth of Pennsylvania or any other jurisdiction. 16. Immediately prior to the filing of this Petition, Father Filed a Custody Complaint seeking primary physical custody of the Child. 17. Since the claim for custody has just been filed, the conciliation conference has yet to be scheduled. 18. Since the conciliation may not be scheduled for several weeks, Father believes that it is imperative that this situation be handled by the entry of a temporary order granting him partial custody rights of the child pending the custody conciliation conference or further order of court, including, but not limited to, the right to have the child outside of the maternal grandparents' home. Wherefore, Petitioner respectfully requests this Honorable Court to enter an order granting her temporary custody of the parties' minor children pending further order of Court or the custody conciliation conference to be scheduled in this case. Respectfully Submitted, D CLIFF, ESQUIM, (A rney R istration No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff@comcast.net Phone: (717) 737-0100 • Fax: (717) 975-0697 Counsel for Plaintiff /Petitioner Dated: June 17, 2009 VERIFICATION I verify that the statements made in this Custody 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. Date: June 16, 2009 KRI HER Y CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Andrea Harrington and Lee Harrington 6 Graystone Manor Drive Camp Hill, PA 17011 Julie K. Fletcher 335 E. Sherwood Drive York, PA 17403 (Respondents) The said document is also being served upon Respondents by process server. DIANE G. RADCLIFF, ESQUIRE (Attorney Registration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffCcomcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Petitioner Dated: June 17, 2009 FILED-{W'ri lCE OF THE 2609 SUIN 17 AN 8. t 0 CU'i r h 1 4 t (a'?F Y/n'd . atE,, s 71). 00 Ck- 15 5?g -_ J KRISTOPHER D. McKAY, Plaintiff V. JULIE K. FLETCHER, ANDREA HARRINGTON and LEE HARRINGTON Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 09-4130 CIVIL TERM IN RE: FATHER'S PETITION FOR EMERGENCY CUSTODY ORDER BEFORE OLER, J. ORDER OF COURT AND NOW, this 19th day of June, 2009, upon consideration of Father's Petition for Emergency Custody Order, a hearing is scheduled on this petition for June 22, 2009, at 3:15 p.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel for the Plaintiff is directed to timely serve all interested parties with notice of the said hearing. FURTHER, it is ordered that the above-captioned case is consolidated with Fletcher v. McKay, Docket No. 08-6000, with all future filings to be at Docket No. 08- 6000. Diane G. Radcliff, Esq. - &1jg1oq 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff BY THE COURT, a :, ? 1F 'r` ??- Tf? :T , '-,°'',??? i ? ? ? "• r? .. ?. ,, t Julie K. Fletcher 3 3 5 E. Sherwood Drive York, PA 17403 Andrea Harrington Lee Harrington 6 Graystone Manor Drive Camp Hill, PA 17011 Courtesy Copy: Samuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 2 KRISTOPHER D. MCKAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-4130 CIVIL ACTION LAW JULIE K. FLETCHER, ANDREA HARRINGTON, LEE HARRINGTON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, June 23, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, July 07, 2009 at 1:30 PM 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Dawn S. Sunda Es q. jin 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 j? T} ?M r ? ?.?2tr 2009 J N 2L r 3!:' ter,.:;, r