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Home My WebLink About04-5353 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EARL E. MAY, JR, vs. NUMBER: OY-S3S'3 CHRISTINA C. MAY, Defendant CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, EARL E. MAY, JR., by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is EARL E. MAY, JR., who currently resides at 303-A Salt Road, Enola, County of Cumberland, Pennsylvania. 2. Defendant is CHRISTINA C. MAY, who currently resides at 725 East Main Street, Palmyra, County of Lebanon, Pennsylvania. 3. Plaintiff seeks to have rights of primary physical and legal custody with respect to ERIC TIGHLMAN MAY, born January 7, 1998; and VANESSA ROSE MAY, born February 7,2001. The children were not born out of wedlock. The children are presently in the custody of Plaintiff, EARL E. MAY, JR. Since birth, the children have resided with the following persons and at the following addresses: from birth until February, 2001, with Plaintiff and Defendant at 626 Gates Lane, Enola, Pennsylvania; from February, 2001, until October 18, 2004, with Plaintiff and Defendant at 303-A Salt Road, Enola, Pennsylvania; from October 18,2004, until the present with Plaintiff at 303-A Salt Road, Enola, Pennsylvania. The mother of the children is CHRISTINA C. MAY, who currently resides at 725 East Main Street, Palmyra, Pennsylvania. She is married. The father of the children is EARL E. MAY, JR., who currently resides at 303-A Salt Road, Enola, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the children. 5. The relationship of the Defendant to the children is that of mother. She currently resides with a person or persons unknown to Plaintiff. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by confirming rights of shared physical and legal custody in Plaintiff because Plaintiff has been the primary caretaker of the children since birth. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of primary physical and legal custody in Plaintiff. Respectfully submitted, ~~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verifY that the statements in the foregoing Complaint are true and correct. 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. Ie? ,,;/;;) 'OL/ DATE tJ cr: ~J EARL E. MAY, JR. GJ 1"-,) C::.1 0 C:-;) ~ ~ -~- ~ - ~....; .' <::::1 ;"'~, ~-"" -- w . c.;, ~ OJ (j :''>, -0 -;..J N -00 ~ -.- jli (\ C:-, ~ .., (" EARL E. MAY, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-5353 CIVIL ACTION LAW CHRISTINA C. MAY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 04, 2004 , 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 301 Market Street, Lemoyne, P A 17043 on Monday, December 06, 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 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 hearine. FOR THE COURT. By: Isl Melissa P. Greevy, 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 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 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 (7] 7) 249-3] 66 ~-F tp- ~ ~ .~r?5-I/ .~ z~~~ .ltlS,j/ ~ ~~ ~~'P?J .h07'/1 \7'U" ..,.., t. " :;\;'t:f;'\ I) C:'V\ 1 ~ . ,\lj\r:r;'--J . ;,~'~~.: ::}lj . ,.. ,"~:::g'//nJ 12 :7 Jrd ,... v,~ ..,... }n!1 hl'l[Jl - l~..J/V ",tJ j..ii'':/(~;.\:'-.\f . '^' . ...., V,j,I..'i Y;.J(I,: )'_' I :)1 'I "'?"'v I L~~ '-0 -lr' "'//') ::i\,.f .....~.' r......~?""'1-:i I L..i,. 0...,1;",/ '-j~ "- '\..L"':;;'l::J EARL E. MAY, JR., Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER: 04-5353 CIVIL TERM CHRISTINA C. MAY, Defendant IN DIVORCE AFFIDAVIT OF SERVICE CHARLES E. PETRIE, Esquire, being duly sworn according to law, deposes and states that he served a true and correct copy of the ORDER OF COURT AND COMPLAINT FOR CUSTODY, upon CHRISTINA C. MAY, defendant, in the above-captioned matter, by mailing a true and correct copy of same by U.S. Certified Mail, return receipt requested, Article Number 70031680000205318217 postage prepaid, on November 1. 2004, to the following address: Name: Christina C. May Address: 723 E Main Street, Palmyra, PA 17078 Defendant personally received said documents on November 10,2004, as evidenced by her signature on the certified mail return receipt card which is attached hereto and marked Exhibit" A". I verify that the statements in the foregoing Affidavit are true and correct. 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. ~~ ReceIpt 1Q2ll9&.02.M..1ll4O (") ,...., /<.. ~~ i:::::;:' 0 ,~- " = "'.-'. ..r::- 71 ~l,' 0 --I r., -1- () fl'l i=? c.-' I -r;} r.-/ I" , eX) ~Q'):J L___~,;\ r! ..:.;:: ( c} ~'~5 (. (,) iTl ." ~ Ui O'J ) ) >~,_'..j",,~"'-'n.,.j~"" ,;',> ~\.,,~ "'" -{-" ~'" ~ , .v ({ DEe 1 3 iOOL} Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5353 CIVIL TERM EARL E. MAY, JR., v. CHRISTINA C. MAY, CIVIL ACTION - LAW IN CUSTODY Defendant J/A AND NOW, this IS day of December, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: ORDER OF COURT 1. Leaal Custody. The parties, Earl E. May, Jr. and Christina C. May, shall have shared legal custody of the minor children, Eric Tighlman May, born January 7, 1998, and Vanessa Rose May, born February 7, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of ~~3 Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Phvsical Custody. Father shall have primary physical custody of the minor children subject to Mother's rights of partial custody which shall be arranged by the mutual agreement of the parties. J. Dist: Charles E. Petrie, Esquire, 3528 Brisban Street, Harrisburg, PA 171111 ~ Ad >. - d...I ;.1 . It, . V 'I Christina C. May, c/o Myrna Hoke, 4 Chalfont Circle, Hummelstown, PA 17036 , /~ ~ ~~-1=1 6[; :f:, 11 I r, :J l~ t ~_l 't ""'] f. ",,- : ~_ I r.1 ~ ;" I '-,.;~- <..JJv :,r. -' , ......"-..' .....-- A ...... ",r-""'4Y i.J'::'l" I j ~UU Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5353 CIVIL TERM EARL E. MAY, JR., v. CIVIL ACTION - LAW CHRISTINA C. MAY, IN CUSTODY Defendant 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRE:NTL Y IN THE CUSTODY OF Eric Tighlman May Vanessa Rose May January 7, 1998 February 7,2001 Father Father 2. Father filed a Complaint for Custody on October 25, 2004. An Order scheduling the Custody Conciliation Conference was filed on November 5, 2004. Present for the conference were: the Father, Earl E. May, Jr., and his counsel, Charles E. Petrie, Esquire; the Mother, Christina C. May, did not attend. 3. Father's pleadings indicate the parties had been separated since October 18, 2004. His counsel provided a domestic return receipt signed by Mother along with an Affidavit of Service indicating that she had been served with the Order and Complaint on November 10, 2004. Accordingly, the Conciliation Conference proceeded without her participation. Should Mother be aggrieved by the terms of the Order, she retains her right to have a Custody Conciliation Conference scheduled upon the proper filing of a Petition with the Court. Father sought to confirm the status quo as represented' the Order attached. I djq/o1 Date :240704 EARLE. MAY,JR., . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY,PENNSYLV ANIA . . vs. . NO. 04-5353 CIVIL TERM . . CHRISTINA C. MAY, . CIVIL ACTION - LAW Defendant . IN CUSTODY AND NOW, comes the Petitioner, Christina C. May. by and through her attorney, Bradley A Winnick, Esquire, of WILEY, LENOX, COLGAN & MARZZACCO, P.C., and represents the following in support of her request of This Honorable Court to modifY custody in the instant matter: L The Petitioner is Christina C. May (hereinafter "Mother"), an adult individual who resides at 4 Chalfont Circle, Hummelstown. Dauphin County, Pennsylvania 17036. 2. The Respondent is Earl E. May, Jr. (hereinafter "Father"), an adult individual who resides at 303A Salt Road, Enola, Cumberland County, Pennsylvania 17025. 3. The parties are the natural parents of two (2) minor children, Eric T. May, date of birth January 7,1998, and Vanessa R. May, date of birth December 7,2001. 4. On December 15,2004, following a Custody Conciliation Conference before Melissa Peel Greevy, Esquire, at which Mother did not attend, an Order was entered awarding shared legal custody with primary physical custody to Father. Mother was awarded rights of partial physical custody by mutual agreement. Copies of the Order of Court and Custody Conciliation Summary Report are attached hereto as Exhibit "A". 5. Mother did not attend the Custody Conciliation because Father informed her that he wanted to reconcile and would cancel the Custody Conciliation scheduled for November 10. 2004. 6. The parties did not reconcile and the Custody Conciliation was not canceled. In fact, the conciliation proceeded without her participation. 7. The best interest and permanent welfare of the children will be served by modifying the existing Custody Order to award primary physical custody of both minor children to Mother with partial physical custody to Father. WHEREFORE, Petitioner, Christina C. May, respectfully requests This Honorable Court to award her primary physical custody of both minor children, and to award partial physical custody to Respondent. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: Dated: ,/aol06 Bradl 130 hurch Street Dillsburg, PA 17019 (717) 432-9666 Attorney for Petitioner VERIFICATION I, Christina C. May, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: /-?-O-or C-l.-I-C ~ CHRISTINA C. MAY Petitioner -., CERTlFICA TE OF SERVICE I, Bradley A. Winnick, Esquire, hereby certify that I have served a true and correct copy of the foregoing Petition to Modify Custody by first class mail, postage pre-paid as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, P A 17111 Attorney for Respondent WILEY, LENOX, COLGAN & MARZZACCO By: Dated: I/d 0 /0.,,- ~1 b9- U) \) \) --- B () ~ --J ...:t "'Q --c:. F- r'" ""'V r t= I q ~.; -pi:,,"; I}~t::_\ ...c',;,. ~,> 1,. ~(:~ ':,,';', 1:~:1,_ ~r" '<",. " -:t.>.,,'" :!-\........ ~C: ~ -:/ ::~ -<. r-' c:.~ '5', <- V- :r- N ...- -0 ::Ji' <.2 ~.:> ~ ~r -cl rllp:: -q8 ~~-"~ L 'C.ll.) ~::2: -:>;i ")c."_ ~,t,h~ , ) ~;:~ ~\iJ :.< ~ .- EARL E. MAY, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5353 CIVIL ACTION LAW CHRISTINA C. MAY DEfENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 26, 2005 , 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 OJ Manlove's, 1901 State St.,(:,,!,,-p,!fill, PA 17011 on Friday, February 18,2005 at 1l: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 entry of a temporary or permanent order. The court hereby directs the parties to furuish any and all existiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin\!. FOR THE COURT. By: Isl 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 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 befi.>re the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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) 249-3166 tfb?~P ?'" ~?Wf 4/S'uJ('( ~ fi! ~ ~fr# -~t. Jr;lY{'. / ~[/r ~ ~4c7-plJ 50$\"./ rlO 'Ol! ", t1 . . ,", oZ f.\Hf rc,IP .11 :iiJv{.. i\i::ft'jf'iI:" ~"-\" I ' ...,-'IU 'lVGO :1<'11 J(' -'''''1' .....1" ....J...J ;j,;d:,O-(rT1U . ,-,::11;,..' 'lr EARL E. MAY, JR., * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NO. 04-53,53 CIVIL TERM * CHRISTINA C. MAY, * CIVIL ACTION - LAW Defendant * IN CUSTODY CERTIFICATE OF SERVICE I, Sherie A. Minich, Secretary to Bradley A. Winnick, Esquire, hereby certify that I am this day serving a copy of the Order of Court scheduling a Custody Conciliation Conference for Friday, February 18,2005, at 11 :30 a.m. at DJ Manlove's, 1901 State Street, Camp Hill, PA, upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, l'irst-c1ass postage prepaid, as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 171 I I Counsel for Plaintiff, Earl E. May, Jr. WILEY, LENOX, COLGAN & MARZZACCO, P.c. Date: ;; jq I D') By: liuUd () 71/;,zdA' ~ie A. Minich ------- -\1 _1 {..'.' -.- G-', ., , '."~:> - . r:' fEa 2 8 2005 ~ 1\' . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5353 CIVIL TERM EARL E. MAY, JR., v. CIVIL ACTION - LAW CHRISTINA C. MAY, IN CUSTODY Defendant ORDER OF COURT AND NOW, this ,"'- day of fI' I , 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custodv. The parties, Earl E. May, Jr. and Christina C. May, shall have shared legal custody of the minor children, Eric Tighlman May, born January 7, 1998, and Vanessa Rose May, born February 7, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent 2. Phvsical Custodv. Mother shall have custody of the children each week from Sunday evening until Friday evening. Father shall have custody of the children each week from Friday evening until Sunday evening. The parties shall work out the specific times for custodial exchanges by their mutual agreement 3. The parties' oldest child, Eric T. May, born January 7, 1998 shall continue to attend the East Pennsboro School District until the end of the 2004/2005 school year. Effective with the commencement of the 2005/2006 school year, Eric shall attend the school district of Mother's residence. 4. The parties shall share custodial time for holidays and vacation by their mutual agreement . NO. 04-5353 CIVIL TERM 5. Transportation. The parties shall share transportation incident to custodial exchanges by their mutual agreement. J. Dis!: # E. May. Jr., 303-A Salt Road, Enola, PA 17025 )ll'1ldley A. Winnick, Esquire, 130 W. Church Street, Dillsburg, PA 17019 ~~O? O':J.Or;)- V;\F'/J\;A'\r-,l~. .! ! ~Jl[r\"'~' -' iLt.,,' ,~', ' , S :01 ~i~ Z - (ll1H saoz \.HiJ..C;+)Hl,)'~~d 3Hl '::0 381:l,KHBli:i - Plaintiff FEa 2 8 2005 fr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5353 CIVIL TERM EARL E. MAY, JR., v. CIVIL ACTION - LAW CHRISTINA C. MAY, IN CUSTODY Defendant 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Eric Tighlman May Vanessa Rose May January 7,1998 February 7,2001 Father Father 2. Mother filed a Petition to Modify Custody on January 24, 2005. A Custody Conciliation Conference was held on February 18, 2005 with the following individuals in attendance: the Father, Earl E. May, Jr., attended pro se. Father indicated that he was no longer represented by Mr. Petrie. The Mother, Christina C. May, attended with her counsel, Bradley A. Winnick, Esquire. 3. The parties reached an agreement in the form ~ as attached. cy CD/ 0:5 LA{c:!J1J'~/C& (~. Date Melissa Peel Greevy, Esquire / Custody Conciliator :24540B