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HomeMy WebLinkAbout09-6756 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSEPH W. MCCONNELL, ) Plaintiff ) V. ) LAUREN R. ADAMS, ) Defendant ) No. O9- 6 7 552 Ccut ( -? COMPLAINT FOR CUSTODY 1. Plaintiff is JOSEPH W. MCCONNELL, who resides at 2 Pearl Street, Harrisburg, Dauphin County, PA 17013. 2. Defendant is LAUREN R. ADAMS, who resides at 1119 N. Pitt Street, Carlisle, Cumberland County, PA 17013. 3. Plaintiff seeks custody of the following child: Name Age Was child born out of wedlock? Brydon M. Mcconnell 5 months Yes 4. The child is presently in the custody of Defendant who resides at 1119 N. Pitt Street, Carlisle, Cumberland County, PA 17013. 5. During the past five years, the child has resided with the following persons and at the following addresses: From To Address With whom APR, 2009 (Still living 1119 N. Pitt Street Defendant, mother there) Carlisle, PA 17013 6. The mother of the child is currently residing at 1119 N. Pitt Street, Carlisle, PA 17013. She is single. 7. The father of the child is currently residing at 2 Pearl Street, Harrisburg, PA 17013. He is single. Complaint Page 3 of 5 8. The relationship of Plaintiff to the child is father. Plaintiff currently resides with the following persons: Name Sharon D. Lands ltrparAngela Mcconnell ltrparMarissa Lands ltrparBrianna Lands ltrparChristian Lands ltrparDaniel Lands ltrparJohnny Lands ltrparKevin Lands ltrparJesse Lands ltrparJoshua Lands ltrparAndrew Lands Lands ltrparKaitlynn Lands Relationship to Plaintiff My Mother Biological sister adoptive sister Adoptive Sister Adoptive Sister Adoptive Brother Adoptive Brother Adoptive Brother Adoptive Brother Adoptive Brother Adoptive Brother Adoptive Sister 9. The relationship of Defendant to the child is mother. Defendant currently resides with the following persons: Name Relationship to Defendant Brydon M. Mcconnell child 10. 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. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 12. Plaintiff does 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. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because I am Requesting Joint-Shared Custody to be divided equally among his mother and myself. Brydon was Created through half of each of us, and therefor deserves to have both his mother and his father equally in his life. I was Brydons Primary Caregiver during the day while his mother was working 40+ hours a week. I Provided his full-time care after working my night shift at my job. I Have been GREATLY missing my son, because he mother refuses to let me pick him up and would love nothing more than to be able to see him on a regular basis. I Complaint Page 4 of 5 am requesting to split custody either one week at a time per parent or 4/3 3/4 split. A Son needs a Strong father in his life as well as a mother. 14. 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. WHEREFORE, Plaintiff requests the Court to grant custody of the child to Plaintiff. r0 EPH W. MC ONNELL, Plaintiff Verification I, JOSEPH W. MCCONNELL, Plaintiff, verify that the facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. ' 4904 relating to unsworn falsification to authorities. Date: =? S PH W. MCC ELL, Plaintiff Complaint Page 5 of 5 FlLFL-v,?"?rw E OF THE P ',0-6'' ,'OTARY OF 1 2009 OCT -9 PM 1: Q 8 ?NTY Pd Pt? Rec?2316?? r ' JOSEPH W. MCCONNELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAUREN R. ADAMS DEFENDANT 2009-6756 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, October 16, 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 Friday, November 20, 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/ ohn . Man an r. Es q. IjA 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 pF zw l?`f4t3.`A`t1yf wiIh? Fw' /a ozo -oy t' /o ?.2e C:5?e *' CJ NOV 2 3 ?00,Q(17 JOSEPH W. MCCONNELL, Plaintiff V. LAUREN R. ADAMS, Defendant AND NOW this 1.3t? Conciliation Report, it is Ordered and Directed as follows: 1. The custody action docketed at 09-6756 and the custody action docketed at 09-6773 are hereby CONSOLIDATED. All future custody filings in regard to the instant matter shall be filed under docket number 09-6756. 2. Legal Custody: The Father, Joseph W. McConnell, and the Mother, Lauren R. Adams, shall have shared legal custody of Brydon M. McConnell, born 04/29/2009. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding his 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 Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child 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. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of the Child every Wednesday from 2:00 pm until 7:00 pm. b. Father shall have physical custody of the Child on Saturday 11/21/09 and Sunday 11/22/09 from 12:00 pm until 6:00 pm each day. C. Father shall have physical custody of the Child for Thanksgiving 11 /26/09 from 4:00 pm until 11/27/09 2:00 pm. d. Father shall have physical custody of the Child Saturday 12/05/09 and Sunday 12/06/09 from 12:00 pm until 6:00 pm each day. e. Father shall have physical custody of the Child Saturday 12/19/09 12:00 pm until Sunday 12/20/09 12:00 pm. f. Father shall have physical custody Saturday 01/02/10 at 12:00 pm until Sunday 01/03/10 at 12:00 pm. g. In the absence of agreement otherwise, the non-custodial parent shall pick Brydon up from the custodial parent's residence for the exchanges. h. Neither parent shall be prejudiced in regard to the instant agreed upon Order and the matter shall be reviewed in approximately two months. i. Father shall have physical custody of the Child at such other times as the parties may mutually agree. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-6756 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT day of November 2009, upon consideration of the attached Custody 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as outlined above and a more comprehensive holiday schedule shall be established at the conference in mid-January 2010. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other parry. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use 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. 9. A conference with the assigned conciliator is hereby scheduled for January 19, 2010 at 10.30 am at the Court of Common Pleas, Carlisle PA 17013 10. This Order is entered pursuant to 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. Distribution: By the Court, J. Gregory Hazlett, Esquire Joseph McConnell, 2 Pearl Street, Harrisburg, PA 17109 John J. Mangan, Esquire ?; /t- z Y-09 JOSEPH W. MCCONNELL, Plaintiff V. LAUREN R. ADAMS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-6756 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Brydon M. McConnell 04/29/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on November 20, 2009 with the following individuals in attendance: The Mother, Lauren Adams, with her counsel, Gregory Hazlett, Esq. The Father, Joseph McConnell, pro se 3. The parties agreed to the entry of an Order in the form as attached. 2 I ?.._ . Date John , Esquire Custo y Conciliator FILED-40FRCE r TAE PROTHONOTARY 2009 NOY 24 AM 8: 21 Lt1Y't. ,--C. rLt 3