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Home My WebLink About04-4235BRENT A. MCKENNEY, Plaintiff, MELISSA MCCOMMON, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :No. ~- ~.. ~ .I/ Civil Term :CIVIL ACTION - CUSTODY : COMPLAINT FOR CUSTODY 1. Plaintiff is Brent McKenney, an adult individual who resides at 55 Greenmont Drive, Enola, Cumberland County, Pennsylvania. 2. Defendant is Melissa McCommon, an adult individual who resides at 624 Mountain Street, Summerdale, Cumberland County, Pennsylvania. 3. Plaimiff seeks custody of his child, Mackenzie B. McCommon, bom July 5, 2004, and who resides at 624 Mountain Street, Summerdale, Cumberland County, Pennsylvania. 4. 5. past five years: Name Melissa McCommon Richard McCommon William McCommon The child presemly resides with Defendant, against the Plaintiff's wishes. Since the children's birth, they have resided with the following over the Address Date 624 Mountain Street birth-present Summerdale, PA 17093 6. The natural mother of the child is Melissa McCommon, currently residing at the above stated address. 7. The natural father of the child is Brent McKeuney, currently residing at the above stated address. 8. The relationship of the Plaintiffto the child is that of natural father. 9. Thc relationship of the Defendant to the child is that of natural mother. 10. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other court. 11. Plaintiffhas no information ora custody proceeding concerning the child pending in a court of this Commonwealth. 12. The best interests and permanent welfare of the child will be served by granting the relief requested because the Plainfiffis natural father of the children and can best care for the children. 13. Defendant is denying access 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. No other persons are known to have or claim to have any fight to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiffrequests your Honorable Court to enter a custody order which grants Plaintiffprimary physical custody. Respectfully submitted, THOMAS & ASSOCIATES Ki~'stin M. Sweigar2t, Esquire 3111 N. Front Street Harrisburg, PA 17110 (717) 541-9979 Attorney for Plaintiff BRENT A. MCKENNEY, Plaintiff, MELISSA MCCOMMON, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :No. Civil Term : :CIVIL ACTION - CUSTODY : ATTORNEY VERIFICATION The undersigned, Kirstin M. Sweigard, Esquire, hereby verifies and states that: 1. She is the attorney for the Plaintiff, Brent McKenney; 2. She is authorized to make this verification of his behalf; 3. The facts set forth in the foregoing Custody Complaint are known to her and not necessarily to her client; 4. The facts set forth in the foregoing Custody Complaint are true and correct to the best of her knowledge, information and belief; 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Respectfully submitted, THOMAS & ASSOCIATES Kirstin M. Sweigard, Esquire 3111 N. From Street Harrisburg, PA 17110 (717) 541-9979 Attorney for Plaintiff BRENT A. MCKENNEY, Plaintiff, MELISSA MCCOMMON, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :No. Civil Term : :CIVIL ACTION - CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Plaimiff, Brent A. McKenney, by and through his attorney, Kirstin M. Sweigard, Esquire, and respectfully petitions the court as follows: 1. Petitioner is Brent McKenney, currently residing at 55 Greenmont Drive, Enola, Cumberland County, Pennsylvania. 2. Respondent is Melissa McCommon, currently residing at 624 Mountain Street, Summerdale, Cumberland County, Pennsylvania. 3. A Custody complaint in the above referenced matter was filed contemporaneously with this Petition on August 25, 2004. 4. The child, Mackenzie McCommon, bom July 5, 2004, currently resides with Respondent at the above referenced address. 5. The child, currently in the care of Respondent, is being seriously neglected, to wit: a. The child is being cared for by Respundent's grandparents who are at least 81 years of age and who have been diagnosed with severe arthritis; b. Respondent's grandparents are unable to adequately care for a seven week old baby; c. The child is being given apple and orange juice at seven weeks of age; d. The child has severe diaper rash; e. The child has sores on its neck from lack of cleaning; f. Respondent will not disclose the identity of the child's pediatrician, nor will she permit Petitioner access to that pediatrician. 6. Petitioner has been seeking visitation on a daily basis and is repeatedly denied access to the child. 7. Petitioner is ready and able to take full custody of the child as he has a bedroom and all other items needed for the baby. WHEREFORE, Petitioner respectfully requests this Honorable Court grant him full custody of the child pending a conciliation conference. Respectfully submitted, THOMAS & ASSOCIATES Date ~Kirstin M. Sweigard,c,d~quir~ 3111 N. Front Street Harrisburg, PA 17110 (717) 541-9979 Attorney for Plaintiff BRENT A. MCKENNEY, Plaintiff, MELISSA MCCOMMON, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :No. Civil Term : :CIVIL ACTION - CUSTODY ; ATTORNEY VERIFICATION The undersigned, Kirstin M. Sweigard, Esquire, hereby verifies and states that: 1. She is the attorney for the Plaintiff, Brent McKenney; 2. She is authorized to make this verification of his behalf; 3. The facts set forth in the foregoing Petition for Special Relief are known to her and not necessarily to her client; 4. The facts set forth in the foregoing Custody Complaint are true and correct to the best of her knowledge, information and belief; 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unswom falsification to authorities. Respectfully submitted, THOMAS & ASSOCIATES Date l~irstin M. Sweigard, Esquire 3111 N. Front Street Harrisburg, PA 17110 (717) 541-9979 Attorney for Plaintiff BRENT A. MCKENNEY, Plaintiff, MELISSA MCCOMMON, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :No. 0q~ c/,~j~--'- Civil Term : ~CIVIL ACTION _ CUSTODy ORDER OF COURT AND NOW, this ~ day of~, 2004, it is hereby ORDERED that a hearing on the foregoing Petition for Special Relief shall be scheduled on the ~ ~y of ?,~, ~,~_, :00~ ~,,-.~,., in ~ou~oom ~o._y___ of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: Jo BRENT A. McKENNEY pLAINTIFF MELISSA MccoMMON DEFENDANT IN THE coURT OF coMMON PLEAS OF cuMBERLAND couNTY, PENNSYLVANIA 04-4235 CIVIL ACTION LAW IN cuSTODY oRDER OF coURT Thursda , Se tember 02, 2004 , upon consi6eration of the attached Complaint, is hereby directed that pameS and thexr respectxve counsel appear before Jac~~' the conciliator, AND NOW, / Thursday, September 30, 2004 at 10:30 it -- ---thouse, Carlisle on ~ · -~- ~ssueS in dispute; or 4th ~d Court ~ouru,-~o~, -~ ...... ~ effort will be made to resotve at s'" ~' .... ~ce. ~ such cont~rence, m~ the co~t, ~d to ~ter into a tempor~ for a Pre-He~ing Custody comet if t~s cannot be accomplished, to define and na~Ow the issues to be heard by order. All chil&'~ age five or older may also be ¢resenl at the conference. Failure to appear at ~e conference may provide ~o~ds for en~ of a tempor~ or pe~ent order. . from Abuse orders, hereby directs the parties to furnish any and all ex~sti~tg Protection The cou~ and Custod~ orders to the conciliator 48 hours prior to scheduled hearing. Special Relief orders, ' FOR ~E coURT, By: /si . CustOdy Concihator ...... ,~,A Coun~ is required by law to comply with the ~e Cou~ of Common Pleas ot k,umgcttm,u ~ , , ' ' ' accommodations available to disabled individuals having business before the couP, please All a~gementS must be made at least 72 hours prior to my hemng or business before the co~. You must attend the scheduled conference or hemng. AT oNCE. ~ yOU DO NOT yOU SHOED T~ THIS p~ER TO YO~ A~OCNEY oFFICE SET HAVE ~ A~o~EY OR C~Or ~O~ oNE, GO TO OR [ELEPHONE , C~ GET LEGAL HELP. FOR~ 'BELOW TO F~D oUT wHE~ YOU Cumb~land County B~ Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 BRENT A. MCKENNEY, Plaintiff, MELISSA MCCOMMON, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :No. 0~- a/~5~- Civil Term :CIVIL ACTION - CUSTODY ; MOTION TO ~firITHDRAW PETITION FOR SPECIAL REI,IEF AND NOW, comes Plaintiff, Brent McKenney, by and through his counsel, Kirstin M. Sweigard, Esquire, and respectfully requests the following: 1. A Petition for Special Relief was filed in the above referenced case on August 25, 2004. 2. A hearing was scheduled for September 7, 2004, at 11:00 a.m. before the Honorable Kevin A. Hess. 3. A custody agreement has been reached between the parties. WHEREFORE, Plaintiff respectfully requests this Honorable court withdraw the Petition for Special Relief. Respectfully submitted, THOMAS & ASSOCIATES Date / I~ii's{in M. Sweigard, E~squir~/ 3111 N. Front Street Harrisburg, PA 17110 (717) 541-9979 Attorney for Plaintiff BRENT A. MCKENNEY, Plaintiff, Ye MELISSA MCCOMMON, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :No. ~q- q~3~ Civil Term :CIVIL ACTION - C1USTODY CERTIFICATE OF SERVICE I hereby certify that on September 7, 2004, a copy of the foregoing MOTION TO WITHDRAW PETITION FOR SPECIAL RELIEF was sent via facsimile and first class mailed, postage prepaid, to the following: Laura C. Reyes Maloney, Esq~fire 1119 N. Front Street Harrisburg, PA 17102 (717) 233-5394 Date: ~/,~.,~ ~,/ Kirstm M. Swe~garu BRENT A. MCKENNEY, Plaintiff, MELISSA MCCOMMON, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :No. ~7~ - a/~_~-- Civil Term _. :CIVIL ACTION - CUSTODY MOTION TO WITHDRAW PETITION FOR SPECIAL REI,IEF AND NOW, comes Plaintiff, Brent McKenney, by and through his counsel, Kirstin M. Sweigard, Esquire, and respectfully requests the following: 1. A Petition for Special Relief was filed in the above referenced case on August 25, 2004. 2. A hearing was scheduled for September 7, 2004, at 11:00 a.m. before the Honorable Kevin A. Hess. 3. A custody agreement has been reached between the parties. WHEREFORE, Plaintiff respectfully requests this Honorable court withdraw the Petition for Special Relief. Respectfully submitted, THOMAS & ASSOCIATES Date / / I(i~s{in M. Swei~ard, ~'squir~/ ' 3111 N. Front Street Harrisburg, PA 17110 (717) 541-9979 Attorney for Plaintiff BRENT A. MCKENNEY, Plaintiff, MELISSA MCCOMMON, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :No. ~gq- t/,4~'~)-- Civil Term :CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I hereby certify that on September 7, 2004, a copy of the foregoing MOTION TO WITHDRAW PETITION FOR SPECIAL RELIEF was sent via facsimile and first class mailed, postage prepaid, to the following: Laura C. Reyes Maloney, Esquire 1119 N. Front Street Harrisburg, PA 17102 (717) 233-5394 Kirstin M. Sweig;~ BRENT A. MCKENNEY, Plaintiff, MELISSA MCCOMMON, Defendant :IN THE COURT OF COMMON p~p/~ 0 Z00~ :CUMBERLAND COUNTY, PENNSYLVANIA :CML ACTION - CUSTODY ORDER OF COURT AND NOW, this Z ~" day of~, 2004, it is hereby ORDERED that Plaintiff's Petition for Special Relief is WITHDRAWN. BY THE COURT: BRENT A. McKENNEY, Plaintiff MELISSA McCOMMON, Defendant OCT i ~ zoo, G IN THE COURT O'F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4235 CIVIL TERM CIVIL ACTION - [,AW IN CUSTODY _ORDER OF COURT AND NOW, this 19th day of October, 2004, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator l~tereby relinquishes jurisdiction in this matter. FOR THE COURT, · · y, i~re, C~ody Conciliator