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HomeMy WebLinkAbout09-7983 TAMRA L. SCANLON, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0 9- 9 9 7 3 TIMOTHY M. SCANLON, CUSTODY ACTION DEFENDANT COMPLAINT FOR CUSTODY 1. The Plaintiff is Tamra L. Scanlon residing at 39 Colgate Drive, Camp Hill, PA 17011. 2. The Defendant is Timothy M. Scanlon residing at 320 15th Street, New Cumberland, PA 17070. 3. Plaintiff seeks custody of the following children: Name Present Residence Age Hanna L. Scanlon 39 Colgate Road 14 (DOB: 12/28/94) Camp Hill, PA Reed M. Scanlon 39 Colgate Road 13 (DOB: 5/22/96) Camp Hill, PA 4. The children were born of the marriage. 5. The parties were married on October 13, 1990. The parties separated in September of 2003 and were divorced in February of 2004. 6. Since the parties separated, they have shared legal and physical custody of the children pursuant to an informal agreement. Currently the schedule of custody is that Mother has custody from Sunday through Wednesday, Father has Wednesday through Saturday and the parties alternate Saturday evenings. 7. The Mother of the children is the Plaintiff. She is currently single. 8. The Father of the children is the Defendant. He is currently single. 9. The relationship of the Plaintiff to the children is of Mother. The Plaintiff currently resides at the above referenced address with herself and the children when they are in her custody. 10. The relationship of the Defendant to the children is that of Father. The Defendant resides at the above referenced address with himself and the children when they are in his custody. 11. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the children in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of the 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 children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested because both parties have played an active and nurturing. role in the development of the children and the continued relationship would be in the best interests of the children. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 16. Reed has been diagnosed with ADD and has been having difficulty in school. The parties disagree on the nature and extent of Reed's problems and an appropriate course of treatment. 17. Mother believes that Reed should undergo a course of counseling. Father disagrees. Father believes that medication is appropriate and mother disagrees. 18. Mother requests that Reed undergo an independent evaluation and that the parties agree to follow any recommend course of treatment. WHEREFORE, Plaintiff, Tamra L. Scanlon, requests the Court to grant the parties shared legal and physical custody, and Order that Reed undergo an evaluation to determine an appropriate course of treatment. it `'t/vq Respectfully sub ' e NEALON LAW P.C. By: James G. Nealon, III, Esquire Attorney I . D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 I . VERIFICATION I, Tamra L. Scanlon, verify that the statements made in the foregoing Complaint 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 unswom falsification to authorities. a. L 5 cal? TAMRA L. SCANLON Dated: bo ocu; . ?'?- O0 9 r L.` C ,? y 21, 19IN0 r E ti 1to,5'. So p0 AT" cx,-* 5" 4 Rr# &3-&640 TAMRA L. SCANLON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-7983 CIVIL ACTION LAW TIMOTHY M. SCANLON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, November 20, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 31, 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/ Hubert X. Gilroy, Esq. .,A 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 FILET -Ji r CF- OF THC csPr.)T'-'n ,'r)TARY 2009 NOY 23 °M 12.3 S 1 lq ,. i/ - ate- .??? ?e? ?`'? f TAMRA L. SCANLON, Plaintiff vs. TIMOTHY M. SCANLON, Defendant JqN ~ 1 'LULU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-7983 IN CUSTODY COURT ORDER c ~ -;~ -- v ~,; s _ ~.-: ~~ .~, r~- i _ r , - _ - - : ~- _ .i~Si =~ o ~~- AND NOW, this "7 day of January, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Tamra L. Scanlon, and the father, Timothy M. Scanlon, shall enjoy shared legal custody of Hanna L. Scanlon, born December 28, 1994, and Reed M. Scanlon, born May 22, 1996. 2. The parties shall also enjoy shared physical custody of the minor children. Unless agreed otherwise by the parties, the following schedule shall control: A. The Mother shall have custody every Monday after school until Wednesday after school. B. Father shall have custody from Wednesday after school until Friday after school. C. The parties shall alternate custody on each weekend from Friday after school until Monday after school. Mother's first weekend shall be Friday, January 22"d with the Father having the following weekend and the parties alternating thereafter. 3. The parties may themselves agree to modify the above custody schedule if they agree. Absent an agreement, the schedule outlined above shall control. 4. The parties shall arrange to have the minor child Reed M. Scanlon evaluated by a professional agreed upon by legal counsel for the parties. The focus of this evaluation shall be on the child's ADD diagnosis and recommended treatment for that condition and any related conditions. This shall be an independent evaluation performed by an evaluator agreed upon by counsel. If counsel cannot agree upon an evaluator within seven (7) days of the date of this Order, either attorney may contact the custody Conciliator who may recommend an addendum to the Order in order for the Court to designate an evaluator. Costs of this evaluation that are not covered by any applicable insurance shall be paid for by the Mother. The evaluation shall be an independent evaluation with the evaluator having the ability to share the results of the evaluation with both parents and legal counsel for both parents. 5. The results of the evaluation outlined above shall not bind either party to follow any recommendations ofthe evaluator. Upon the conclusion of the evaluation and in the event the parties desire another custody conciliation conference, legal counsel for the parties may contact the Conciliator directly to schedule such a conference which may be a telephone conference at the option of legal counsel. 6. Pending any further Orders of this Court, the status quo with respect to the child being treated by Dr. Gawlas shall continue. BY THE COURT, " J es G. Nealon, III, Esquire .~ Laurie A. Salt7,giver, Esquire cc ~Op6P<S ` ct~.cl... /~~.5 / !d /// TAMRA L. SCANLON, Plaintiff vs. TIMOTHY M. SCANLON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-7983 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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 children who are the subject of this litigation is as follows: Hanna L. Scanlon, born December 28, 1994 Reed M. Scanlon, born May 22, 1996 2. A Conciliation Conference was held on January 19, 2010, with the following individuals in attendance: the mother, Tamra L. Scanlon, with her counsel, James G. Nealon, III, and the father, Timothy M. Scanlon, with his counsel, Laurie A. Saltzgiver, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: January ~. ~ , 2010 Hubert X. Gil y, Esquire Custody Con iliator TAMRA I,. SCANLON, Plaintiffs vs. TIMOTHY M. SCAIVLON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN~1`JSYLVANIA NO. 2009-7983 CIVIL ACTION - I_„~ W IN CUSTODY ORDER ~ rl? AND NOW, this day of May, 2012, the above case being previously assigned to the Conciliator and there being no activity on this case for a period of six months or more, the Conciliator relinquishes jurisdiction. ~,, ` ~~~ Hubert X. Gilroy, Esquire Custody Conciliator