HomeMy WebLinkAbout09-7824ROBIN HOLTZMAN,
Plaintiff
V.
KIM MCMANIGAL and
KEITH EAKIN,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05F- '7Pa Y Lu l 7?Z44"
CIVIL ACTION - CHILD CUSTODY
COMPLAINT FOR PHYSICAL AND LEGAL CUSTODY OF GRANDCHILD
1. Plaintiff is Robin Holtzman, an adult individual residing at 2 Annette Drive,
Enola, Cumberland County, Pennsylvania 17025. She brings this action pursuant to 23
Pa. C.S.A. §5313(b), seeking to confirm physical and legal custody of the child.
2. Defendant Kim McManigal, is an adult individual residing at 136 Peach
Lane, Carlisle, Cumberland County, Pennsylvania 17015.
3. Defendant Keith Eakin, is an adult individual residing at 27 Appaloosa Way,
Carlisle, Cumberland County, Pennsylvania 17015.
4. Defendants Kim McManigal and Keith Eakin are the natural parents of the
following minor child: Kyla McManigal, born July 27, 2000, in Harrisburg, Dauphin
County, Pennsylvania. Plaintiff Robin Holtman is the maternal grandmother of the minor
child.
5. The child was born out of wedlock.
6. The child is presently in the custody of Plaintiff Robin Holtzman and
law 0f .d
ohn M. err
5020 Bluer Road
Sutte 109
Medkv* sburg. PA 17055
Pte: 717.766.4008
FAx: 717.788.4088
residing at 2 Annette Drive, Enola, Cumberland County, Pennsylvania 17025.
7. The relationship of the Plaintiff Robin Holtzman to the subject minor child is
that of Maternal Grandmother.
8. The relationship of the Defendants Kim McManigal and Keith Eakin to the
subject minor child is that of natural parents.
Inv OHO d
hn M. err
5020 Ritter Road
Suite 108
Medianksburg, PA 17055
Prone: 717.766.4008
FAx: 717.788.4088
9. During the past five years, the child has resided with the following persons
and at the following addresses:
Names Addresses Dates
Robin Holtzman 2 Annette Drive 11/20/04 - present
Steve Holtzman Enola, PA 17025
11. Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in another court.
12. Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth or any other state.
13. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child who claims to have custody or visitation rights with respect
to the child.
14. Each parent whose parental rights to the child have not been terminated
and the persons who have physical custody of the child have been named as parties to
this action.
15. The best interest and permanent welfare of the child will be served by
granting the relief requested because:
a) For all of the five years of the child's life, Plaintiff has served as loco
parentis and provided the child's basic needs, including physical, emotional and social
needs.
b) This relationship with the child began with the consent of the Mother, who
had the child while in high school and was overwhelmed by such responsibility at that
age;
C) Plaintiff has fostered a healthy relationship between the child and her
natural parents and never interfered with Father's visitation rights and has encouraged
the child to remain in regular contact with her Mother.
d) Plaintiff requires a Custody Order in order for the child to register at West
Creek Elementary School in East Pennsboro Township, Cumberland County and to be
covered by her health insurance policy.
e) the emotional, physical and/or spiritual development of the child will be
enhanced by Plaintiff maintaining primary physical and legal custody.
WHEREFORE, Plaintiff requests that the Court grant to her primary physical and legal
custody of the child, Kyla McManigal.
Respectfully submitted,
John M. Kerr, Esquire
Attorney I. D. # 26414
Law Office of John M. Kerr, Esquire
5020 Ritter Road
Suite 109
Mechanicsburg, Pennsylvania 17055
(717) 766-4008
Dated: November 12, 2009
n
=e
5020 Potter Road
suite 109
Medlanks", PA 17055
Pte: 717.788.4008
FAx: 717.788.4088
VERIFICATION
The undersigned, Robin Holtzman, hereby states that she is the Plaintiff in the f
action and, as such, is authorized to execute this Verification, and that an foregoing custody
preceding Custody Complaint are true and correct to the best of her knowledge, information and belief.
subject to the penalties prescribed at 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Robin Holtzm
t
1105. So Pa ATT`1
Cr-`? t 5 81
?,Z x3335
ROBIN HOLTZMAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
KIM MCMANIGAL AND KEITH EAKIN
DF:FF:NDANT
2009-7824 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, November 17, 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,
at4th Floor, Cumberland County Courthouse, Carlisle on Monday, December 14, 2009 at 8:30 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! ohn .Man an r. Es q. brl
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 infonnation 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~Qt'r-ICE
OF THE ROMM "CRY
2089 NOV 18 1h 1: 5 a