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HomeMy WebLinkAbout09-6022Hubert X. Gilroy, Esquire I.D. No. 29943 Katie J. Maxwell, Esquire I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SCOTT W. HARVEY, Plaintiff V. SONYA CHILDRESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 660)-X CIVIL TERM PLAINTIFF'S COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Scott W. Harvey, his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and in support of this Custody Complaint avers as follows: 1. Plaintiff is an adult individual currently residing at 6342 North Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is an adult individual currently residing at 6147 Galleon Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are the parents of Syanna Harvey and Syarra Harvey, who were born out of wedlock. 4. Plaintiff seeks custody of the children, who were born on the following dates: Syanna Harvey, October 1, 2004; Syarra Harvey, February 7, 2007. 5. Since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: h Time Period 2004 -12/2007 12/2007 - present Persons Plaintiff and Defendant Defendant, Sonya Childress Location 6342 North Powderhom Road, Mechanicsburg, PA 6147 Galleon Drive Mechanicsburg, PA 6. The relationship of the Plaintiff to the children is that of Father. He is single and living separately. 7. The relationship of the Defendant to the children is that of Mother. She is single and currently lives with the children. 8. The parties have not participated in previous litigation concerning the custody of the children in this court or any court. 9. The Plaintiff has no information of a custody proceeding concerning the children pending in any other court. 10. The best interest and permanent welfare of the children will be served by granting shared custody to the parties. 11. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests temporary shared custody. MARTSON LAW OFFICES By lCa`e.:E? Hubert X. quire I.D. No. 29943 Katie J. Maxwell, Esquire I.D. No. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Gl 2 (p o) Attorneys for Plaintiff I VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Scott W. Harvey ?F THE r ?C .*1(05.50 PD A"", cL:* ai63a 2z'# a3or5? Hubert X. Gilroy, Esquire I.D. No. 29943 Katie J. Maxwell, Esquire I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SCOTT W. HARVEY, Plaintiff/Petitioner V. SONYA CHILDRESS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 6022 CIVIL TERM PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Scott W. Harvey, by his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and in support of his Petition for Special Relief avers as follows: 1. Petitioner is Scott W. Harvey, an adult individual currently residing at 6342 North Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Sonya Childress, an adult individual currently residing at 6147 Galleon Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the parents of two minor children, Syanna Harvey and Syarra Harvey. 4. The parties have been operating on an oral visitation schedule for custody. No custody Order has been entered in the past. 5. Respondent filed a pro se Petition for Protection from Abuse against the Petitioner on Friday, August 28, 2009. 6. Petitioner was served with the Petition and Temporary Order signed by Judge Oler on Sunday, August 30, 2009. 7. A hearing on the Petition for Protection from Abuse has been scheduled for Tuesday, September 8, 2009, at 11:15 a.m. Attached as Exhibit "A" is the Notice of hearing and Order. 8. As a result of the Temporary Order, Petitioner is not to have any contact with Respondent. 9. Due to the nature of the Protection from Abuse Order and the parties' custody arrangement, the Petitioner is not able to contact Ms. Childress to schedule visitation with his two children. 10. Petitioner has filed a Custody Complaint and is awaiting the scheduling of a conciliation. 11. The Respondent's Petition for Protection from Abuse has been forwarded to MidPenn Legal Services for representation at the Protection from Abuse hearing on September 8, 2009. 12. Due to the fact that Respondent is currently unrepresented for custody matters, the undersigned counsel has not been able to negotiate a custody resolution. 13. Undersigned counsel has also made two telephone calls today to MidPenn Legal Services in an attempt to reach counsel for Respondent with respect to the PFA matter without success. 14. Prior to the entry of the Temporary Protection from Abuse Order, the status quo visitation schedule was as follows: • Petitioner was to pick-up the children at daycare Tuesday and Thursday afternoons and drop the children off at Respondent's house by 8:00 p.m. • Petitioner was to have custody every other weekend, beginning with pick-up at daycare Friday afternoon and returning the children to their Mother's house Sunday by 5:00 p.m. 15. No allegations of abuse against the children has been made in the Petition for Protection from Abuse, and the children have not been named as Plaintiffs in that action. 16. In the original Petition, Respondent requested temporary custody of Syanna and Syarra Harvey, but Judge Oler's Temporary Order denied that request. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order granting the parties shared legal and physical custody and grant the Petitioner temporary custody in accordance with their regular custody schedule. Petitioner requests custody on Tuesdays and Thursdays in the afternoon until 8:00 p.m., and every other weekend from Friday afternoon to Sunday at 5:00 p.m. Date: I (?, le7 MARTSON LAW OFFICES By /C 4 d??' ItA? ubert X. ilroy Esquire I.D. No. Katie J. Maxwell, Esquire I.D. No. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: U Sonya Childress Plaintiff V. : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA No. c9'- syle Scott W Harvey Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL order may be entered against you granting the relief requested in the petition. In particular, you may be evicted from your residence, be prohibited from possessing any firearm, other weapon, ammunition or any firearm license, and lose other important rights, including custody of your children. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A hearing on the matter is scheduled for the Courthouse Square, Carlisle, PA. at in Courtroom _ at Cumberland County Courthouse, One If an order of protection has been entered, you MUST obey the order until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police or sheriff may arrest you. Violation of this order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000 and/or up to six months in jail under 23 Pa C.S.A. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18. U.S.C. §2265, this order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this order, you may be subject to federal criminal proceedings under the Violence Against Women Act. 18 U.S.C. §§2261-2262. If this order directs you to relinquish any firearm, other weapon, ammunition or any firearm license to the sheriff, you may do so upon service of this order. As an alternative, you may relinquish any firearm, other weapon, or ammunition listed herein to a third party provided you and the third party first comply with all requirements to obtain a safekeeping permit. 23 Pa.C.S.A. §6108.3. You must relin ' weapon, ammunition or any owierr A firearm license listed in the order no later than 24 hours after service of the order. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, you must provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after service of the order. Failure to timely relinquish any firearm, other weapon, ammunition or any firearm license shall result in a violation of this order and may result in criminal conviction under the Uniform Firearms Act, 18 Pa. C.S.A. §6105. NOTICE: Even if this order does not direct you to relinquish firearms, you may be subject to federal firearms prohibitions and federal criminal penalties under 18 U.S.C. §922(8)(8). YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Distribution to: Legal Services Transmitted & Mailed to PSP Domestic Violence Services of Cumberland and Perry Counties TEMPORARY PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA 0 Amended Order 0 Continued Order NO. 1. PLAINTIFF Sonya Childress 10/25/1963 First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including mirror child/ren and DOB. Sonya Childress October 25,1963 V. DEFENDANT Scott W Harvey First Middle Last Suffix Defendant's Address: 6342 N. Powderhorn Rd Meehaniesburg PA 17050 CAUTION: 0 Weapon Involved 11 Weapon Present on the Property 0 Weapon Ordered Relinquished DEFENDANT IDENTIFIERS DOB 3/911963 HEIGHT i ft. 1 SEX Male WEIGHT 220 RACE White EYES Blue HAIR Blonde or Strawberry SSN DRIVERS LICENSE # EXP DATE STATE The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: ® Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ® Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. ® Additional findings of this order are set forth below. Order Effective Date Order Expiration Date NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in mat firr indirect criminal contempt, which is punishable by a fine of up to S1,000 and/or up to six months in jail. 23 Pa.C.S.A. 16114. Consent of Plaintiff to Defend®Ps return to the residence Aall net invalidate this order, which cern only be changed or modified through the ng of appropriate court papers for that purpose. 23 Pa.C.S.A.16108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items mud he relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other waspon or ammunition listed herein to a third party provided Defmdam and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition carrot reasonably be retrieved within the time for relinquishment, Defendant stall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no laser than 24 hours after the service of this order. Defendant is fuller notified that violation of this order rely subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the violence Against Women Act, 19 U.S.C.112261-2262. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Special Relief was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Sonya Childress 6147 Galleon Drive Mechanicsburg, PA 17050 MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 MARTSON LAW OFFICES I L& ) V?' (;?? By_ M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 1/-1/1 7 O T-1 E u!?Y ll u9 SLP - 3 Ai i c-,. I t',: I a'i'r ?, "f ,F,? =• 9 70, 00y P Ctc-i--- a-1 s3s SCOTT W. HARVEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-6022 CIVIL ACTION LAW SONYA CHILDRESS IN CUSTODY 0 d DF.FF.NDANT = ri « r n+ rn -?' `gym s ORDER OF COURT X AND NOW, _ Friday, September 04, 2009 upon consideration of the attacheinplaiit,rn - --; it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the a@pcilir, at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, October 02, 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 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/ _ Dawn S. Sunday, 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 RLED-L-??;E OF THE PPOTH-Ot- 0TARY 2909 SEP -4 PM 1: 3 6 PENINSYNMIA y? oy ? _ Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 4,60"op oC clllt b'rLy11b , cFq c r,p rkc S"6RIFF , AUD--': 'RCE -OF TFrE PR, 07iCNOTARY 1009 SEP -9 AM 11: 4 4 MA y r EN ISYLVX-411y Scott W. Harvey Case Number vs. Sonya Childress 2009-6022 SHERIFF'S RETURN OF SERVICE 09/08/2009 10:53 AM - Jacob Baker, Deputy Sheriff, who being duly sworn according to law, states that on Septembei 8, 2009 at 1053 hours, he served a true copy of the within Order of Court and Complaint in Custody, upon the within named defendant, to wit: Sonya Childress, by making known unto herself personally, at Cumberland County Sheriffs Office 1 Courthouse Square Room 303 Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $42.84 SO ANSWERS, r 110. September 08, 2009 R THOMAS KLINE, SHERIFF By Z7 11?x gj--? Deputy Sh riff SCOTT W. HARVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SONYA CHILDRESS, Defendant NO. 09-6022 CIVIL TERM ORDER OF COURT AND NOW, this I I'' day of September, 2009, upon consideration of Plai Petition for Special Relief, and upon relation of Plaintiffs counsel that the parti attempting to resolve the issue raised in the petition amicably, a hearing will scheduled at this time and it is requested that the court be motioned to schedule a on the petition at such time as any interested party desires a hearing. BY THE COURT,_ 1 Hubert X. Gilroy, Esq. Katie J. Maxwell, Esq. 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Attorney for Defendant Sonya Childress 6147 Galleon Drive ?d l F,S' ?'Yt? t tJ?cl.? esley Che?, Jr., J. 9 Mechanicsburg, PA 17050 1?1II" s are Ot be I ,ring OF 20d`? SE OCT 14 2009 SCOTT W. HARVEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-6022 CIVIL ACTION LAW SONYA CHILDRESS Defendant IN CUSTODY ORDER OF COURT AND NOW, this l.j day of Ocl , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father's Complaint for Custody is dismissed. BY THE COURT, lrl cc: /- tie J. Maxwell, Esquire - Counsel for Father . Samuel L. Andes, Esquire - Counsel for Mother (20 r i'es rn?l ( % SCOTT W. HARVEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-6022 CIVIL ACTION LAW SONYA CHILDRESS Defendant : 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Syanna Harvey October 1, 2004 Mother Syarra Harvey February 7, 2007 Mother 2. A custody conciliation conference was held on October 2, 2009 on the Father's Complaint for Custody. The Father's counsel, Katie J. Maxwell, Esquire, as well as the Mother, Sonya Childress, and her counsel, Samuel L. Andes, Esquire, were in attendance at the conference. The Father did not appear for the conference and did not contact the conciliator's office. The Father's counsel did not know why the Father was not present. It was agreed that the Father's counsel would notify the conciliator by the end of October 6 as to why he had not appeared for the conference and whether he intended to proceed. It was also agreed that the conciliator would submit an Order dismissing the Father's Complaint if neither the Father nor his counsel contacted the conciliator by October 6 to advise otherwise. 3. As neither the Father's counsel nor the Father has contacted the conciliator's office indicating an intention to proceed, pursuant to the agreement at the conference, the conciliator recommends an Order in the form as attached. DtJ-o & E avd g L-,? Date Dawn S. Sunday, Esquire Custody Conciliator 16