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HomeMy WebLinkAbout10-2935FILM- "F TH7 20 10 NIAY -3 Phi 2: 01 I'y McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor _mwn.com Attorneys for Plaintiff MONA P. PASSMORE, Plaintiff V. LARRY K. PASSMORE, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N O. `,) . )_? 3 5 , 1 CIVIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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. ?y()-T CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 McNEES WALLACE & NURICK LLC By 1 De r Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) Attorneys for Plaintiff, Mona P. Passmore Dated: 3 , 2010 McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor )-mwn.com Attorneys for Plaintiff MONA P. PASSMORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. I6,d-93?UU r' LARRY K. PASSMORE, JR., CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Mona P. Passmore, who currently resides at 616 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Larry K. Passmore, Jr., who currently resides at 616 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks primary physical custody and shared legal custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Mayah A. Passmore 616 W. Main Street 5/8/03 Mechanicsburg, PA 17055 4. The child was not born out of wedlock. 5. The child is presently in the custody of Plaintiff, who reside at 616 W. Main Street, Mechanicsburg, Pa. 6. Since birth, the child has resided with the following persons at the following addresses: LIST ALL PERSONS LIST ALL ADDRESSES DATES Mona P. Passmore and 616 W. Main Street 2003-Present Larry K. Passmore, Jr. Mechanicsburg, PA 7. The Mother of the child is Plaintiff currently residing at 616 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania. She is married to Defendant. 8. The Father of the child is Defendant currently residing at 616 W. Main Street, Cumberland County, Pennsylvania. He is married to Plaintiff. 9. The relationship of Plaintiff to the child is that of Mother. Plaintiff currently resides with the following persons: NAME Mayah A. Passmore Larry K. Passmore RELATIONSHIP Daughter Husband 2 10. The relationship of Defendant to the child is that of Father. Defendant currently resides with the following persons: NAME Mayah A. Passmore RELATIONSHIP Daughter Mona P. Passmore Wife 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this child in this or another court. 12. Plaintiff does not know of a person nor 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 the following custody arrangement: (a) The parties shall share legal custody of the child; (b) Mother shall have primary physical custody of the child; (c) Father shall have frequent periods of supervised visitation. 14. Father suffers from addiction issues which limit his ability to care for the child in a safe and secure manner, and which currently prohibit his ability to care for his daughter without supervision. The child will be put in harm's way if unsupervised custody is granted at this point. 3 15. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff requests the Court to grant her shared legal custody and primary physical custody with periods of supervised visitation to Defendant. McNEES WALLACE & NURICK LLC By DbbFa IYCantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) Attorneys for Plaintiff, Mona P. Passmore Dated 3, 2010 4 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. `' Mona P. Passmore Dated: 5131 '2010 MONA P. PASSMORE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. • 2010-2935 CIVIL ACT10N LAW LARRY P. PASMORE, JR D[;I F:NDANT IN CUST'OL)Y ORDF.It OF COURT AND NOW, Tuesday,_Ma ly 1, 2010 ,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, June 10, 2010 ____ at 9 30 AM for aPre-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. T'he 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, E3y: /s/ Hubert X. Gilr~ Es~~j _ _ __ 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 Yoc~~ must attend the sche duled conference or hearing. YOU SHOULD TAKE 'PHIS 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 WI-IERE YOU C;AN GET LEGAL HELP. ~~~,,, .."~;~ A Cumberland County Bar Association -~~ -: ~!C ""[ `~ ~.. _ 32 South Bedford Street ~=---~-' ~,.~ ,L-. N -gyp C,0.~C1~-C~; Carlisle, Pennsylvania 17013 -~,~p ;-~~ t~ ~~ Telephone (717) 249-3166 ~~.t •~ '•-`" c- --- -- ~~~' • ~•' ~'s' i (~o S ~i~•e.. ~-ra•ro c~~ ~~~~ ~n ~ b ~uL ~ o zoo MONA P. PASSMORE, Plaintiff vs. LARRY K. PASSMORE, JR., Defendant NO. 2010-2935 IN CUSTODY Prior Judge: The Honorable M.L. Ebert, Jr. COURT ORDER t NOW, this ~_ day of July, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Mona P. Passmore, and the father, Larry K. Passmore, shall enjoy shared legal custody of Mayah A. Passmore, born May 8, 2003. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW A. On one weekend per month from Saturday at noon through Sunday at 8:00 p.m. This period of custody shall be supervised in the presence of one or both of the paternal grandparents. The first weekend shall be the last weekend in July with the parties to agree upon a weekend per month thereafter. B. On one other Saturday per month from noon until 5:00 p.m. with the first Saturday being July 3, 2010. C. Every Monday and Wednesday at from 5:00 p.m. until 8:00 p.m. D. At such other times as the parties may agree. 4. Father's periods of temporary custody shall be subject to the following provisions: A. Father shall not consume or be under the influence of alcohol at the time he has custody of the minor child. B. The father shall not drive the minor child in a motor vehicle when he has custody. It is noted, however, that this provision maybe altered at the next custody conciliation conference which is scheduled as set forth below. C. Except for the one weekend per month when the paternal grandparents will be supervising, father's periods of temporary custody shall always be supervised by individuals agreed upon by the mother. At this point, the agreed upon individuals are: Chuck Sheaffer, Pastor Ken Thompson, Lynn Helm, the YWCA and Beverly and Larry Passmore. D. Father shall give at least 7 days notice as to when he intends to exercise any overnight visitation and 24 hour notice as to any other type of visitation. E. A copy of this order may be provided to any individual who is acting as a supervisor, and the supervisor is specifically instructed that he or she may unilaterally terminate the visitation if the supervisor has concerns that the father is drinking or under the influence of alcohol at that time. 5. Father and his counsel shall have the obligation of notifying the mother and her counsel with respect to any arrests for matters relating to alcohol. Additionally, father and his counsel shall have the obligation of notifying the mother and her counsel if there is any allegation made that father is in violation the VRP Program which is implemented pursuant to consent order issued by the Department of State as it relates to father's chiropractic license. Father is specifically ordered to notify his counsel with respect to these matters so that his counsel can give the appropriate information to mother's counsel. 6. The provisions of this order shall modify the Protection From Abuse order at Docket No. 2010-2891 in Cumberland County to the effect that father is authorized to have contact with the mother concerning the visitation and custody issues. However, all contact shall be limited solely to custody matters and father shall not have any discussions with the mother on any unrelated issues. 7. Mother shall endeavor to insure that the minor child makes reasonable telephone contact with the father when the child is in mother's custady. Correspondingly, father shall insure that the minor child makes reasonable telephone contact with the mother when the child is in father's custody. 8. The parties shall meet again for a second custody conciliation conference on Thursday, November 4, 2010 at 8:30 a.m. Additionally, in the event there are any problems with the above schedule that merit immediate attention by the court, legal counsel for either party may contact the Custody Conciliator at that time to schedule a telephone conference with the Conciliator after which the Conciliator may recommend, as appropriate, a modified order to the court. BY THE COURT, M.L. Ebert, Jr., Judge cc: 'Debra D. Cantor, Esquire ~ Steven Howell, Esquire ~p~es rna. lei ~/ice./t~ ~~ o -~:~ c: } { ~ ~ = ---+ - ' f'3 N .1 , - ,..- , . 2:~ ~ -C MONA P. PASSMORE, Plaintiff vs. LARRY K. PASSMORE, JR., Defendant Prior Judge: The Honorable M.L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.2010-2935 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL FROCEDURE 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: Mayah A. Passmore, born May $, 2003 2. A Conciliation Conference was held on July 2, 2010, with the following individuals in attendance: The mother, Mona P. Passmore, with her counsel, Debra D. Cantor, Esquire, and the father, Larry K. Passmore, Jr., with his counsel, Steven Howell, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: July U , 2010 Hubert X. roy, Esquire Custody nciliator MONA P. PASSMORE, Plaintiff VS. LARRY K. PASSMORE, JR., Defendant Prior Judge: The Honorable M.L. Ebert, Jr. IN THE COURT OF COMMON PLE?"OF201Q CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2010-2935 IN CUSTODY COURT ORDER (') c co rn ar ?' . Z5 r < cn An ? ZC N 9 C,n C? c d° 4C) =c-n o-n C) r m NOW, this 15 - day of November, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior order of court dated July 9, 2010, shall remain in place subject to the following modifications: Recognizing that father is currently in inpatient treatment, father's periods of temporary custody shall be modified such that arrangements will be made with the mother or father's mother to take the child to visit the father at his inpatient treatment facility approximately two times per month. Mother shall have responsibility for only one visit per month. 2. It is presumed that father's visitations shall continue to be supervised as specified by the prior order of court. 3. Father shall also enjoy reasonable telephone contact with the minor child and such contact shall not be deemed to be a violation of the Protection from Abuse order which was issued at Docket No. 2010-582 in Cumberland County. 4. Once circumstances change relative to father's current situation as an inpatient, legal counsel for either party may contact the conciliator directly to schedule a telephone conference to update this order BY THE COURT, 1*:,? ?q V / M.L. Ebert, Jr., Judge cc. ra D. Cantor, Esquire Steven Howell, Esquire F RLES\Clients\12321 Custody Conciliations\2010\12321. I.Passmore v Passmore report and order2 1 EIS rnI'm &11,b 2 MONA P. PASSMORE, Plaintiff VS. LARRY K. PASSMORE, JR., Defendant Prior Judge: The Honorable M.L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-2935 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 child who is the subject of this litigation is as follows: Mayah A. Passmore, born May 8, 2003 2. A Conciliation Conference was held on November 4, 2010, with the following individuals in attendance: The mother, Mona P. Passmore, with her counsel, Debra D. Cantor, Esquire, and the father, Larry K. Passmore, Jr., with his counsel, Steven Howell, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: November / , 2010 a? Hubert X. Custody ( , Esquire