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Home My WebLink About04-5160 KENNETH ABATE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04 - 5/(,0 CIVIL TERM KARLA CROMLEY, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Kenneth Abate, hereinafter referred to as father. Father's permanent residence is 512 Third Street, Enola, Cumberland County, Pennsylvania 17025. 2. The defendant is Karla Cromley, hereinafter referred to as Mother. Mother resides at 446 Third Street, Enola, Cumberland County, Pennsylvania, 17025. 3. The plaintiff seeks a schedule for partial custody of the minor child: Name Aaron Abate Present Residence 446 Third Street Enola, P A 17025 Age 6/26/99 DOB, 5 years old The child, Aaron Abate, was born out of wedlock. The child is presently in the custody of Mother. During the child's lifetime, he has resided with the following persons and at the following addresses: Address Date Name Karla Cromley 448 3rd Street Enola, P A 1998 - 2000 Karla Cromley 110 or 210 School House Apartments, Enola, P A 2000 - 2002 Karla Cromley 415 or 413 2nd Street, Enola, PA 2002-2003 Karla Cromley 446 Third Street, Enola, P A 2003 - present Father is married. Mother is single. 4. Father currently resides with the following persons: Name Relationship Kenneth Abate Self Emma Abate Wife Michael Abate Son Shaun Abate Son Kenneth Abate Son Samantha Abate Daughter 5. It is believed that Mother currently resides with the following persons: Name Relationship Karla Cromley Dwayne McMillan Desiree McMillan Aaron Abate Self Boyfriend Daughter Son with plaintiff 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe child in this or another court. 7. Father has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. Father 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. 9. The best interest and permanent welfare of Aaron will be served by granting the relief requested for reasons including, but not limited to the following: a) Father has a stable home environment that is safe and appropriate for periods of partial custody with Aaron. b) Father lives with his wife, daughter, and three sons and there IS a very supportive family environment for Aaron. c) During visits with Father, Aaron has developed a relationship with his half- siblings and stepmother and it is important that he be able to nurture that relationship with his other family members. One of Aaron's half-siblings is the same age as Aaron and encouraging the relationship with that sibling would be beneficial to Aaron's social growth and development. d) Father is willing to communicate with and work cooperatively with Mother to co-parent Aaron and will encourage both the mother/son and father/son relationships. e) Mother has not acted in the best interest of Aaron in ways including but not limited to the following: i) Mother prevents the healthy development of a bond between Father and Aaron by refusing to allow them to have regular contact with each other. ii) Father fears that without a custody order in place, Mother will continue to deprive him of regular contact with Aaron, which will further deteriorate their relationship. iii) Mother's refusal to allow regular contact between Aaron and his father is detrimental to Aaron's development of a healthy relationship with his stepmoth1er and half-siblings. These family relationships are important to Aaron's social and emotional development and well-being. 10. Every person with rights to custody or having actual physical custody of the child has been named as a party to this action. WHEREFORE, Father requests this Court to: a) Grant the parties shared legal custody ofthe child. b) Grant Mother primary custody of the child. c) Grant Father periods of partial custody 111 accordance with the following schedule: a. On alternating weekends from Friday at 7:00 p.m. until Sunday at 7:00 p.m. b. Every Tuesday and Thursday from 6:00 p.m. until 8:00 p.m. c. Alternating Wednesdays on the weeks that Father does not have a weekend overnight, from 6:00 p.m. until 8:00 p.m. d) Establish an appropriate holiday schedule for custody of the child. e) Establish an appropriate custody schedule for summers. f) Any additional relief the court finds just and proper. Respectfully submitted, Jessic iamondstone Attorney for Plaintiff Mid Penn Legall Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 VERIFICATION The above-named Plaintiff, Kenneth Abate, verifies that the statements made in the above Complaint for Custody, are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: /(}-,7-(J"/ ~~ //'~ Kenrleth Abate, Plaintiff KENNETH ABATE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04- CIVIL TERM KARLA CROMLEY, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served K:u1a Cromley with a Complaint For Custody on /2 Q lobv' , 2004 by certified mail, retum receipt, restricted delivery, to the person and address below: Karla Cromley 446 Third Street Enola, P A 17025 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Date: ~ eiv ~ I L "Z c.:v:/ Signature: / .'J"' n ,; I~I L0 ~i - -!"'> G.J f\,) c) o KENNETH ABATE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 04- CNIL TERM KARLA CROMLEY, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Kenneth Abate, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the party proceedi;ng in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jes ca Diamondstone Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I"\.) (..,) ,....<> ~~~) C~~) c.,) \..".,. KENNETH ABATE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. KARLA CROMLEY DEFENDANT 04-5160 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 20, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 18, 2004 at 9:30 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for enlly of a temporary or pennanent order. The court hereby directs the parties to furnish auy aud all existing Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearinl!. FOR THE COURT. By: Isl facqueIine M Ven,ev. Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 TillS 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) 249-3 I 66 ,~-,<,,,,,'7l-W """':' ~ ~ ",(7.0CO.(?/ ...h ~ ~ ~u. A~.Q~.(// .:> '7 ~ ~~.7 -P? ./,(/.CJC"-C7/ V';N':!l\-;:,~.Shii\~d ,\t1<:;(-,- ,-' ,,~ -I i 0.7 1"1'0 t,rn? :jl ~(. U:.J ,~"') ;\.,"JtI Luther E. Milspaw, Jr., Esquire Attorney 10 No. PA 19226 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-03141 FAX (717) 236-0791 Email: LmilsDaw@mblawfirm.com Attorney for Defendant KENNETH ABATE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-5160 CIVIL TERM KARLA CROMLEY, Defendant : CUSTODY ENTRY OF APPEARANCE~ TO THE PROTHONTARY: Please enter the appearance of Luther E. Milspaw, Jr., Esquire as counsel for the Defendant, Karla Cromley, in the above captioned matter. October 21, 2004 ij""Y'"b Luther E. Milspaw, Jr., Esq Ire Supreme Ct. I.D. # PA1922 Attorney for Defendant BY: CERTIFICATE OF SERVIC:E AND NOW, this 21st day of October, 2004, I hereby certify that on this day I served the foregoing Entry of Appearance, by depositing the same in the U.S. mail, First Class postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Jessica Diamondstone, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 BY: &~ fh;?~, Elizabe'tt; M. Patterson, Paralegal to Luther E. Milspaw, Jr., Esquire .--\ 7",) r<l n [: KENNETH ABATE, Plaintiff PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, vs. : NO: 04-5160 CIVIL TERM : CIVIL ACTION - LA W KARLA CROMLEY, Defendant : IN CUSTODY PRAECIPE To the Prothonotary: Please enter my appearance on behalf of the Plaintiff, Kenneth Abate, in the above captioned custody action. Respectfully submitted, Tayl . Andrews, Esquire 78 es Pomfret Street Car' e, PA 17013 (717) 243-0123 cc: Luther E. Milspaw, Jr., Esquire Ul <"0 f',.) C:"::;:;l r;:-> ..J.,:;- - t'~:; C) 'Tl :::;:! 1';, ~1.1 ,.. ;Ijq:i '"it'; ,: ~j ~), "'~::-~ C:-l v (.,.) <0 DEe 0 7 200~~ KENNETH ABATE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2004-5160 CIVIL TERM KARLA CROMLEY, Defendant : CIVIL ACTION - :LAW : IN CUSTODY ORDER OF COURT AND NOW, this q dayof S2~L , 2004, upon consideration of the attac~ody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 5, 1998 at Docket No. 98-4332 is hereby vacated. 2. The Mother, Karla Cromley, shall have sole lt~gal custody of Aaron Cromley, born June 26, 1999. 3. Mother shall have primary physical custody of the child. 4. Father, Kenneth Abate, shall have supervised custody of the child at the YMCA in Harrisburg or similar organization two times per week for one hour each time at times as can be arranged. 5. Father shall have partial physical custody of the child on Christmas Day from 12:00 noon to 2:00 p.m. at Father's home. There shall be no drinking or smoking in the home on the day of the visit. 6. The parties shall cooperate with a custody evaluation by an evaluator mutually agreed upon by counsel for the parties. Mother agrees to pay for the evaluation but requests the Court ultimately apportion the cost between the parties. 7. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator for another conciliation conference after the custody evaluation is complete. In the event that arrangements for an evaluation are not made within a month from the date ofthis Order, either party may contact the Conciliator to schedule another conciliation conference. EdgarB~y, J:" cp;r{ylor P. Andrews, Esquire, Counsel for Father ;/Luther E. Milspaw, Jr., Esquire, Counsel for Mother V . ~ ~ } .1 - ( ('- 0 y >- ~? 1--":: ~~~~ .1_ -" C)i--': 2) ;;:~ UJO- _.J u:: LU ~ L' <5 In "","~" d.: 0-' I U l..'d (::I _T ~~3 ('...... ,^ ",1'< 'I ;.--;-~, " ) 'r! DEe 0 7 2004 t- KENNETH ABATE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2004-5160 CIVIL TERM KARLA CROMLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL Y IN CUSTODY OF Aaron Abate June 26, 1999 Mother 2. A Conciliation Conference was held in this matter on December 7,2004 with the following in attendance: The Father, Kenneth Abate, with his counsel, Taylor P. Andrews, Esquire and Karla Cromley, with her counsel, Luther E. Milspaw, Jr., Esquire. 3. The Honorable Edgar B. Bayley entered an Order of Court dated August 5, 1998 at Docket No. 1998-4332 in connection with a PF A, providing for sole legal and primary physical custody in Mother and Father having two hours of partial physical custody on alternating weekends, Saturday and Sunday. 4. The parties agreed to the entry of an Order in the form as attached. I.).. - 7 -(J t{ Date ;~k~~ aac eline M. Verney, Esq e Custody Conciliator KENNETH ABATE, Plaintiff RECEIVED JUN 29 2nn~f1 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-5160 CIVIL TERM KARLA CROMLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 28th day of June, 2005, ninety days having passed since the prior Order was entered and having not been contacted by either party to schedule another Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, I~t ~. line M. Verney, Esquire, Custo Conciliator ViNV^!ASNN3d I I. '''~,., r' V11-l~8'^'n'" ^'-l" ,I).., "'" ......1" v o I :t; Wd 6Z Nor sooz Ab'V1ONOHlOl:Jd 3Hi ::lO 3:)8:KX131f:.1