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Home My WebLink About10-1097MICHAEL N. COLLIER, Plaintiff V. LAURICE A. GARCIA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 16 _ 16 9 7 c,,,,,7 CIVIL ACTION - CHILD CUSTODY COMPLAINT IN CUSTODY ohn M.?e1r 5020 Ritter Road suite 108 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 1. Plaintiff is Michael N. Collier, an adult individual residing at 112 Victoria Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant is Laurice A. Garcia, an adult individual residing at 1083 Nanrac Drive, Mechanicsburg, Pennsylvania 17055. 3. The parties are the natural parents of the following minor child: Michael A. Collier, born May 19, 2006 (hereinafter, "the child"). 4. The child was born out of wedlock. 5. The child is presently in the custody of Defendant, who resides at 1083 Nanroc Drive, Mechanicsburg, Pennsylvania 17055. 6. During the past five years, the child has resided with the following persons and at the following addresses: Travis Kovach Laurice A. Garcia Michael N. Collier Laurice A. Garcia Addresses 1083 Nanroc Drive Mechanicsburg, PA 17055 1083 Nanroc Drive Mechanicsburg, PA 17055 Dates 11/09 - present 3/08 - 11 /09 Michael N. Collier 611 B # 25 Geneva Drive 12/06 - 3/08 Laurice A. Garcia Mechanicsbur I,P,X "'-' n r r n? 1663 ? a37s&? 23:11 f ZI 83?DIOZ kvi 0iVlii?..i's"(7 al...l Michael N. Collier 112 Victoria Drive 5/19/06 - 12/06 Laurice A. Garcia Mechanicsburg, PA 17055 Gary Collier Sharon Collier 7. The mother of the child is Defendant, Laurice A. Garcia, residing with the child at 1083 Nanroc Drive, Mechanicsburg, Pennsylvania 17055. She is not married. 8. The father of the child is Plaintiff, Michael A. Collier, who resides at 112 Victoria Drive, Mechanicsburg, Pennsylvania 17055. He is not married. 9. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Names Gary Collier Sharon Collier 10. The relationship of the Defendant to the child is that of mother. The Defendant Law Otfire of YOhn M.?err 5020 Ritter Road Suite 108 McChaniCSblJrg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 currently resides with the following persons: Name Travis Kovach Relationship Father Mother Relationship boyfriend 11. 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. 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 or 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 person who has 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) the Plaintiff Father lived continuously with his child for the first 3 % years of the child's life; b) the child is not being adequately cared for under the present arrangement; c) The child's Mother has denied him any access to his child since January 22, 2010. Before that time, he had his son three overnights each week; d) The child's Mother has been charged with aggravated assault - a felony - in connection with an incident involving both the child's Father and the child; and e) the emotional, physical and/or spiritual development of the child will be enhanced by granting shared physical custody of the child to Plaintiff. WHEREFORE, Plaintiff requests that the Court grant to him shared physical and shared legal custody of the child, Michael A. Collier. Respectfully submitted, ohn M. err 5020 Ritter Road suite log Mechanicsburg, PA 17055 Pmom: 717.766.4008 Fnx: 717.766.4066 QC l w Joh M. Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Michael N. Collier Dated: February 12, 2010 VERIFICATION The undersigned hereby states that he is the Plaintiff in the foregoing Custody action and, as such, is authorized to execute this Verification, and that any factual statements contained in the preceding Complaint are true and correct to the best of his knowledge, information and belief. He understands that false statements are subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. /f ichael N. Co ' r MICHAEL N. COLLIER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ~• 2010-1097 CIVIL ACTION LAW LAURICE A. GARCIA 1N C,USTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 19, 2010 ____, upo~~~ 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 Cou~Courthouse, Carlisle on Monday, March 29, 201.0 _ ___ at 9:00 AM _.~ ---~ fora Pre.-Heap mg 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john j. Mangan, Jr., Es _ 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 he made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conterence 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 FORTI-i BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 I b6 2~lQ FED 2U ~t 11~~ ~~ CF '`~ `'~?Y t ~~, ~; ~ -- . ~ ° aG - iU ~~ - GBH ~c ~'~ G ~--~1