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HomeMy WebLinkAbout09-5398r Carrucoli & Associates, P.C. 875 Market Street, Suite 120 Lemoyne, PA 17043 (717) 761-1274 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER REED, Plaintiff NO.: 4 9- -53 9 F ? 7t t,- ' V. CASEY REED, Defendant. CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Jennifer Reed, by and through her attorney, Cindy L. Hribal, Esq., of the firm Carrucoli & Associates, P.C., and respectfully avers the following: 1. The Plaintiff is Jennifer Reed, an adult individual residing at 38 Robin Ct. Mechanicsburg, PA 17055. 2. The Defendant is Casey Reed, an adult individual currently residing at 108 Greenlane Drive, Camp Hill, PA 17011. 3. Plaintiff seeks custody of the following children: Name Present Residence Age Caleb Reed 108 Greenlane Drive 2 years Camp Hill, PA 17011 Joshua Reed , 108 Greenlane Drive 2 years Camp Hill, PA 17011 Plaintiff is the natural Mother of the minor children. Defendant is the natural Father of the minor children. Carrucoli & Associates, P.C. 875 Market Street, Suite 120 Lemoyne, PA 17043 (717) 761-1274 Attorney for Plaintiff The children were not born out of wedlock. The children are currently in the custody of Defendant. During the past five years, the children have resided with the following persons and at the following address: Name Address Dates Mother and Father 38 Robin Ct. 2007 -2009 Mechanicsburg, PA 1705 4. Plaintiff has not participated in litigation regarding the children. 5. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 6. 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. 7. The best interest and permanent welfare of the children will be served by granting Plaintiff primary physical custody of the Child. Defendant has never been the primary care-giver of the children, both of which are special needs children, and has never been a part of their occupational or physical therapy. Defendant has a violent past regarding Mother and has shown Mother that he will not foster a relationship between Mother and the children. Defendant removed the children from the home without notifying Mother and is not refusing to allow Mother to see the children. Mother is concerned for the safety of the children, the reasons for which are outlined in the Petition for Emergency Relief, filed at the same time as this Complaint. Carrucoli & Associates, P.C. 875 Market Street, Suite 120 Lemoyne, PA 17043 (717) 761-1274 Attorney for Plaintiff Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the chilfen have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court grant him primary physical custody of the minor child as agreed upon between Plaintiff and Defendant. Respectfully submitted, S yo Cl Supreme Court ID # 202325 875 Market Street, Suite 200 Lemoyne, PA 17043 (717)761-1274 Attorney for Plaintiff f Carrucoli & Associates, P.C.\ 875 Market Street Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff VERIFICATION I, Jennifer Reed, 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. Section 4904, relating to unworn falsification to authorities. Date: -21St/0 9 Je eed IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER REED, Plaintiff NO.. V. CASEY REED, Defendant. CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esq., hereby certify that a true and correct copy of the Complaint for Custody was served this date on the below named, by placing same in the United States mail, certified, addressed as follows: Casey Reed c/o Bradford and Irene Reed 108 Greenlane Drive Camp Hill, PA 17011 Date: Lemoyne, PA 17043 Attorney for Plaintiff Carrucoli & Associates, P.C. 875 Market Street -- C ',F Tf FIL! d. c?:? CGS Ch, ?r?, 9 3 Carrucoli & Associates, P.C.\ 875 Market Street Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER REED, Plaintiff NO.: O ii . 5 3 g i C (,?? _2' -, v. CASEY REED, Defendant. CIVIL ACTION - LAW CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes Plaintiff, Jennifer Reed, by and through her counsel, Cindy L. Hribal, Esq., of Carrucoli & Associates, P.C.. and avers the following in support of her Petition: 1. Petitioner, Jennifer Reed, resides at 38 Robin Ct., Mechanicsburg, Pennsylvania, 17055. 2. Respondent, Casey Reed, currently resides at 108 Greenlane Drive, Camp Hill, Pennsylvania, 17011. 3. The parties are the parents of two minor children, Caleb Reed, bom May 12, 2007 and Joshua Reed, born May 12, 2007. 4. The two minor children were born prematurely and have been diagnosed with bronco pulmonary dysplasia. Due to this the two minor children need oxygen and twenty-four hour medical care. Carrucoli & Associates, P.C.\ 875 Market Street Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff 5. Further, the two minor children, due to their condition, have required occupational therapy and physical therapy. The two minor children also have a L.P.N. who cares for them, in addition to their Mother, who is a R.N. 6. On Friday, July 31, 2009, Mother returned from work and found that Father left with the two minor children. Father took their cribs and all of their belongings. 7. After searching for Father and the two minor children, Mother finally discovered that Father brought them to his parents' home. 8. Mother has been told by Father and his parents that she is not allowed to see the children. 9. Mother is greatly concerned for the safety of the children in that: a. the children need to be in air conditioning due to their condition and Father's parents have refused to run the air conditioning; b. Mother has been their primary care giver and has been to all doctor appointments with the minor children regarding their condition while Father has only attended one or two, therefore Father is unaware of what special needs the minor children have; c. Mother has been in the only one involved with ordering the minor children's medical supplies and beginning to wean them off of their oxygen; d. Father has never attended to the minor children regarding their medical condition; e. Father has not been involved with the minor children's occupational or physical therapy nor followed any of the rules set by either therapist; Carrucoli & Associates, P.C.\ 875 Market Street Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff f. Father has a terrible temper and has been violent with Mother in the past in addition to informing Mother numerous times that no one cares about her and that she should kill herself, g. Father is refusing to allow Mother to see the two minor children and is refusing to inform Mother of their condition. WHEREFORE, Mother requests that this Honorable Court grant Mother temporary physical custody of the minor children pending a hearing on her Petition. Respectfully submitted.. Date: sut'-? Lemoyne, PA 17043 (717)761-1274 Attorney for Plaintiff Carrucoli & Associates, P.C. PA Supreme Court ID 202325 875 Market Street Carrucoli & Associates, P.C.\ 875 Market Street Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff VERIFICATION I, Jennifer Reed, verify that the statements made in this Petition for Emergency Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ` j (zd - *Jenn'eed Carrucoli & Associates, P.C.\ 875 Market Street Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER REED, Plaintiff V. CASEY REED, NO.. CIVIL ACTION - LAW CUSTODY Defendant. CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esq., hereby certify that a true and correct copy of the Petition for Emergency Relief was served this date on the below named, by placing same in the United States mail, certified, addressed as follows: Casey Reed c/o Bradford and Irene Reed 108 Greenlane Drive Camp Hill, PA 17011 Date: Cindy L. Hribal, Esquire Supreme Court ID # 202325 Carrucoli & Associates, P.C. 875 Market Street Lemoyne, PA 17043 Attorney for Plaintiff ?Tf - - 7,'kQY LG "'; r;;,la ••, };E.f 8- • AUG 0 6 2009 Carrucoli & Associates, P.C.\ 875 Market Street Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER REED, Plaintiff V. CASEY REED, Defendant. NO.: S3 ? 0 CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this 1040k day of kwre? '2009, it is hereby ORDERED and DECREED that Mother is granted Temporary Primary Physical Custody of the two minor children pending a hearing on this matter, scheduled for the day of A"4-, 2009, at •? ?? A.MA4. in Courtroom Number of the Cumberland County Courthouse. J. FILE! OF Tlf- F" P Y 2609 AUG 10 Pik 1: 02 4iy p IN, c `;;:iii A f aQ - Ot$iw nl,.xt '::Qn 4 ?- c I 401o-?aL JENNIFER REED IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CASEY REED DEFENDANT 2009-5398 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 12, 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 Tuesday, September 15, 2009 at 2:30 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john J. Mangan, jr., Esq. 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 I OCT " 2 200,041 A. REED : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. j09-5420 Civil Term JENNIFER B. REED/' Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. COURT ORDER AND NOW, this 10* day of October 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders are hereby VACATED and replaced with this Order. 2. The custody docket number 09-5398 and custody docket number 09-5420 are hereby consolidated. All future pleadings shall be filed under 09-5420. 3. Legal custody: The Mother, Jennifer Reed, and the Father, Casey Reed, shall have shared legal custody of Caleb Reed and Joshua Reed, both born 05/12/2008. 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. 4. Physical Custody: Father shall have primary physical custody of the Children subject to Mother's partial supervised physical contact as follows: a. Mother shall have supervised contact with the Children thirty-five (35) hours per week; the exact times by mutual agreement. In the absence of agreement regarding the times, Mother shall have supervised contact with the Children from 8:00 am until 1:00 pm. b. Mother's periods of supervised contact may occur at paternal grandparents' residence at 108 Green Lane Drive, Camp Hill, PA 17011. C. In the alternative, Mother's periods of supervised contact with the Children may occur in the community as arranged between Mother and a representative of Links to Care (specifically Chrystal if she is available). d. It is understood that Mother shall continue with her mental health treatment and follow any and all recommendations from her psychiatrist. It is further understood that once Mother follows through with her mental health treatment, the parties shall agree to some sort of shared physical custody arrangement. e. Mother shall have additional periods of physical custody of the Children at such other times and locations as the parties may mutually agree. 5. Co-parenting Counseling: The parties are strongly encouraged to engage in co- parenting counseling. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. Mental Health Counseling: Mother shall continue with her mental health counseling and follow any and all recommendations. Mother has agreed to have an independent psychiatrist evaluate her and that she shall sign releases so that the evaluator may have access to people, information and documents to comprehensively evaluate her. It is expected that a report will be generated regarding Mother's potential risk to herself and the Children. 7. Both parents may attend all doctor visits, therapy sessions, and any other medical appointments. 8. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 9. Holidays: The parries shall alternate and share holidays as the parties may mutually agree. 10. Neither parent shall take the Children out of state without notifying the other parent at least within forty eight hours of departure of the intended destination and a telephone number at which they can be reached. 11. 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. 12. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 13. During any periods of custody or visitation, the parties shall not possess or use y illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 14. Relocation: The parties have initiated the instant custody action based upon the parties' residence in Cumberland County. If either party intends to establish residency a substantial distance from where they currently reside, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 15. The parties are hereby authorized to contact the assigned conciliator directly to schedule another conciliation conference (within ninety days of the date of this Order) if the parties can not resolve their differences relating to custody of the Children. 16. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. gistribution: ?Wdy Hribal, Esq., 875 Market Street, Ste 120, Lemoyne, PA 17043 M H and Krug, Esq., 1719 North Front St., Harrisburg, PA 17102 ohn J. Mangan, Esq. CD P CES lo??s?o9 CASEY A. REED IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER B. REED Defendant Prior Judge: Edward E. Guido, J. : No. 09-5420 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 Caleb Reed 05/12/2007 Primary Father Joshua Reed 05/12/2007 Primary Father 2. Apparently, both Mother and Father filed Petitions for Special Relief and/or Emergency Relief. An Order of Court had been issued August 11, 2009 awarding Father primary physical custody of the Children. A Conciliation Conference was held on September 15, 2009 with the following individuals participating: The Mother, Jennifer Reed, with her counsel, Cindy Hribal, Esq. The Father, Casey Reed, with his counsel, Howard Krug, Esq. 3. The parties agreed to the entry of an Order as attached. Date: I Johnd. gin, Esquire C tod Conciliator FILED-i =FFJE .? ,ter T ; 20B OCT IS Al 10' 18