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HomeMy WebLinkAbout01-4879KAREEM A. MONTGOMERY, Plaintiff VSo TRISHA L. BAUMGARDENER, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 3346 S 2001 CIVIL ACTION - LAW ORDER ~.j ';/~'/day AND NOW THIS ~ of July, 200l, since venue is not proper in Dauphin County and the complaint was filed by mistake in Dauphin County, thc Prothonotary is hereby directed to transfer this case to Cumberland County. BY THE COURT: Todd A. Hoover, Judge DISTRIBUTION: Daniel F. Wolfson, Esquire, 267 East Market Street, York, Pa. 17403 Trisha L. Baumgardener, c/o Lamar Roundtree, P. O. Box 8819 MCD, Camp Lejeume, North Carolina, 28547-8819 Stephen Farina, Prothonotary t...uu±',4 ! I cIVIL ACIIUN SUITS 2001 200l-s '~ B "'.-L (,:, Date or Entv Entry By Summons Complaint Petition d) Appeal Writ of Execution Issued: Custody Assumpsit Appearance For: Divorce Mortgage Foreclosure Change of Name Ejectment ) Quiet Title ) Defendant: Appt. of Viewers ) Replevin ) Declaration of Taking Forma Pauperis ) C/AD Mental Health ) Protective Order ) District Justice July 29, 2001 - Since venue is not proper in Dauphin County and the Complaint was filed by mistake in Dauphin County, the Prothonotary is hereby directed to transfer this case to Cumberland County._ /s/ Todd A. Hoover, Judge. See ORDER filed. Copies mailed 7-27-01. July 27, 2001 - The above action transferred to the Court of Common Pleas of Cumberland County. _ Date/Amount Date/Amount Filing Fee ~ v~ ~O Adm. Fee - Divorce Atty. Appearance ~ '~' Adm. Fee-Custody /OO O0 qheriffs Costs App't. of Master ~continuance Cash Bond ipe for Argt. Cert. of Readiness ',,:~f Reference Escrow Funds Mczl/9 e oo o 3,+6 Stephen E. Farina Prothonotary OFFICE OF PROTHONOTARY Dauphin County Front & Market Streets Harrisburg, Pa. 17101 (717) 255-2698 July 27, 2001 CURTIS R. LONG, PROTHONOTARY CUMBERIAND COUNTY COURTHOUSE HANOVER AND HIGH STREETS CARLISLE, PA 17013 RE: KARE~MONTGOMERY v. TRISH BAUMGARDNER (Custody) Dauphin County Dkt. No. 3346 S 2001 Cumberland County Dkt, No.~!- ,Z¢.~?? Dear Sir/Madam: By Order of 7-25-01 by the Hon. Todd A. Hoover, Judge, the above matter has been transferred to the Court of Common Pleas of Cumberland County. I am, accordingly, sendingoriginals of all the papers herewith. I will appreciate the return attached receipt addressed to Mrs. Kay S. Wentzel. of the attention ~! Very truly yo~ Stel~hen E. Faf:ina Prothonotary SEF: ksw IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA KAREEM A. MONTGOMERY, VS. TRISHA L. BAUMGARDENER, Plaintiff : Defendant .. CIVIL ACTION - LAW CUSTODY DIRECTIVE If applicable, name of conciliator previously appointed in this case: You, Trisha L. Baumgardener, Defendant, have been sued in Court to obtain custody of the child: Justice Lee Montgomery. It is hereby Ordered and Directed: a Conciliation Conference. Esquire, is hereby assigned to conduct 2. A Conciliation Conference will be held before the assigned Conciliator on the __ day of j 2001, at .m. at the Dauphin County Courthouse, Front t~ Market Streets, Harrisburg, Pennsylvania. The anticipated length of the Conciliation Conference is one hour. 3. The parties shall appear in person at the Conciliation Conference and shall bring with them all CHILDREN AGE SEVEN (7) OR OLDER. 4. At the Conciliation Conference, an effort will be made to see if the custody and/or visitation situation can be solved by an agreement between the parties; or if an agreement cannot be reached, to define and narrow the issues and to otherwise reduce the time required for Hearing by the Court, then the Conciliator will prepare a Conference Summary Report for further action by the Court pending a Hearing to be scheduled at a later date before :Judge ~ without prejudice to the rights of the parties at such Hearing, which all parties and the children shall be ordered to attend. 5. You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If for some reason an attorney has not been secured by the time of the Conciliation Conference, you shall personally appear at the time scheduled for the Conciliation Conference without an attorney. 6. If Children's Services is conducting an investigation, their representation shall be subpoenaed by the appropriate attorney to attend the Conciliation Conference. It shall be the responsibility of the attorney subpoenaing the representative to obtain a Court Order or releases from the parties prior to the release of information by the representative. 7. If you fail to appear as provided by this Order or to bring the child(ren), an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 8. The parties and their counsel, if applicable, are hereby directed to engage in meaningful negotiations to resolve this matter prior to the Conciliation Conference. 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. LAWYER REFERRAL SERVICE OF THE DAUPHIN COUNTY BAR ASSOCIATION The Dauphin County Bar Center 213 North Front Street Harrisburg, Pennsylvania 17101 Telephone No. (717) 2:~2-7536 FOR THE COURT, BY THE COURT, District Court Administrator ,Judge AI"IERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Dauphin County, Pennsylvania is required by law to comply with the Americans with Disability Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact THE DAUPHIN COUNTY COURTHOUSE, FRONT 8~ FIARKET STREETS, HARRISBURG, PA 17101 (717) 255-2711. For those with a hearing impairment, please contact the Deaf Center at ( ) TDD. 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. FOR THE COURT: Dated: '/l~/~/ District Court Administrator IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA KAREEM A. MONTGOMERY, VS. TRISHA L. BAUMGARDENER, Plaintiff · Defendant : COMPLAINT IN CUSTODY CIVIL ACTION - LAW CUSTODY AND NOW, TO WIT, this ,~r~clay of July, 2001, comes th&iPlainti~ KAREEM A. MONTGOMERY, by and through his attorney, Daniel F. Wolfson, Esquire, and the law firm of Wolfson ~ Associates, P.C., and files the within Complaint of which the following is a statement: 1. The Plaintiff, KAREEM A. MONTGOMERY, is an adult individual residing at 50 Sussex Road, Camp Hill, Dauphin County, Pennsylvania, 17011. 2. The Defendant, TRISHA L. BAUMGARDENER, is an adult individual temporarily residing at c/o Lamar Roundtree, PO Box 8819 MCD, Camp Lejeume, North Carolina, 28547-8819. 3. The Plaintiff and Defendant were never Husband and Wife, but they resided together until separation on or about January 1995. 4. The Plaintiff seeks majority physical custody and shared legal custody of the following child, Justice Lee Montgomery, born December 9, 1995, who resides with Plaintiff at 50 Sussex Road, Camp Hill, Pennsylvania, 17011. 5. Plaintiff and Defendant are the natural parents of the above-mentioned minor child. 6. The child was born out-of-wedlock. 7. The child is presently in the custody of the Plaintiff, who resides at the above address. During the past five (5) years, the child has resided with the following persons at the following addresses: Name ^ddress Date Mother Highspire, P^ 1995 Mother 154 Solenburg Rd. ]an. 1996 Chambersburg, PA Mother ! 60 Filmore Drive March 1997 Chambersburg, PA Father 116 Meadow Creek Dr. 1998 Chambersburg Father 50 Sussex Road 1998 to present Camp Hill, PA 9. 10. currently resides with the following persons: Name Barbara Mon~omer~ The mother of the child is Defendant. She is not married. The father of the child is Plaintiff. He is married. The relationship of Plaintiff to the child is that of father. The Plaintiff Relationship Wife 2 11. Defendant currendy resides with the following persons: Name Lamar (last name unknown) The relationship of Defendant to the child is that of mother. The Relationship Boyfriend ! 2. Plaintiff and Defendant have not participated as a party or witness, or in any other capacity in any other litigation concerning the custody of the child in this or another Court. 1 3. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of chis Commonwealth. 1 4. 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 with respect to the child. 1 5. The best interest and permanent welfare of the child will be served by granting the relief requested. ! 6. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, the Plaintiff requests the Court to grant majority physical custody and shared legal custody of the aforementioned child to him. Respectfully submitted, Da~el F. Wolf~, Esquire WOLFSON ~ ASSOCIATES, P.C. 267 East I~larket Street York, PA 17403 (717) 846-1252 ID No. 20617 Attorney for Plaintiff 4 VERIFICATION I verify that the statements made in the foregoing' are true and correct m the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: 'Tfi~/~' / '~~ / IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA KAREENI A. MONTGOMERY, VS. TRISHA L. BAUMGARDENER, Plaintiff Defendant : CIVIL ACTION - LAW CUSTODY CONCILIATION CONFERENCE MEMORANDUM Submitted by Daniel F. Wolfson, Esquire, counsel for the Plaintiff· ~ .: 1. Party is father of child. =: ._ .~:~ 2. Name and date of birth of each child: "' ___~-< :Justice Lee klontgomery, born December 9, 1995. 3. Party is requesting: Majority physical custody and shared legal custody. 4. Present custody situation is as follows: There has been no Custody Order that has been entered· 5. The present custody situation has existed since: N/A Has either party prevented the other party from having any contact with the child? No 5 7. Do you allege unfimess of the other party? Yes. The Mother is living somewhere in North Carolina and moves from motel to motel with the child and her boyfriend, who is in the military. The child has no stable home or existence. The care that is provided to him by Mother is questionable. 8. Do you allege improper home environment? Yes. The child has no stable home environment and lives in motels. 9. What other issues will be presented to the Court? The stability of the Father versus the stability of the Mother, the home conditions of the Father, and what is in the best interests of the child, etc. 0. Do you plan to raise emotional or psychological problems of the child or others involved? No 1. Do you request psychological evaluations? To be determined. 12. Will you agree to the appointment of one neutral psychologist to be used by both parties to perform psychological evaluations? Yes. 1 3. How much time will the presentation of your case, (including cross-examination), take? 3 days. 1 4. The name and address of each factual wimess is: To be determined. 15. The name and address of each expert witness is: To be determined. 6 1 6. ^re home studies requested? Yes 1 7. Other relevant information you wish to bring to the attention of the Conciliator: To be determined. KAREEM A. MONTGOMERY : PLAINTIFF V. TRISHA L. BAUMGARDENER : DEFENDANT ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4879 CIVIL ACTION LAW INCUSTODY AND NOW, Thursday, August 30, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, September 25, 2001 at 9:15 a.m. 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 thc court, and to enter into a temporary order. All children age five or older may also be present at the conference. 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/ Melissa P. Greevy. Esq, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 24%3166 jo-IC.~