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HomeMy WebLinkAbout02-0762GREGORY J. BADIN, Plaintiff Vo MICHELLE N. McINTYRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is GREGORY J. BADIN, who presently resides at 5200 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is MICHELLE N. MclNTYRE, who presently resides at 21 Surrey Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks partial custody of the following child: Name Cavan Grey McIntyre Present Address 21 Surrey Lane Mechanicsburg, PA 17055 The aforementioned child was bom out of wedlock. Date of Birth October 6, 2001 The child is presently in the custody of Defendant. During the past five (5) years, the child has resided with the following persons at the following addresses: Name Address Gregory J. Badin and 5200 East Trindle Road Michelle N. Mclntyre Mechanicsburg, PA 17055 Dates Birth to Mid-November 2001 Michelle N. Mclntyre, 21 Surrey Lane Mid-November 2001 Andrew J. McIntyre and Mechanicsburg, PA 17055 to Present Joanna L. McIntyre 7. The mother of the child is Michelle N. McIntyre, currently residing at 21 Surrey Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. She is single. 9. The father of the child is Gregory J. Badin, currently residing at 5200 East Trindle Road, Mecharficsburg, Cumberland County, Pennsylvania 17055. 10. He is single. 11. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides alone. 12. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with her parents, Andrew J. and Joanna L. McIntyre. 13. Plaintiff has no infmmation of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. 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 rights with respect to the child. 15. granting the relief requested. The best interest and permanent welfare of the child will be served by 16. Each parent whose parental rights to the child have not been temfinated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an appropriate order regarding the custody of the child. Respectfully submitted, ~L/218 Pine Street P.O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Atty. I.D. #53148 Dated: Attorneys for Plaintiff VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Dated: 02/08/02 © -.<2 GREGORY J. BADIN PLAINTIFF V. MICHELLE N. MC1NTYRE DEFENDANT · ' IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-762 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Friday, February 22, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechaniesbur§, PA 17055 on Wednesday, March 13, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disputel 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 hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. 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) 249-3166 ~'o. PP- C VINVA"~SNN:~Id L8 :Z ~lcl 9Z g:L-I ZO GREGORY J. BADIN, Plaintiff VS. MICHELLE N. MC INTYRE, Defendant IN THE COURT OF cOMMON PLEAS OF CUMBERLAND coUNTY, pENNSYLVANIA 02-762 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT day of '-'--'-' follows: AND NOW, this ..... :' :~ ,,~dered and directed as upon consideration of the attached Custody Concil~aUon Kepon, Gregory J- Badin, and the Mother. Michelle N. Mcintyre, shall have shared 1. The Father, affecting the legal custody of Cavan Grey Mcintyre, bom October 6, 2061. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions all decisions regarding his health, education general well-being including, but not limited to, be entitled to all records and Child's records and and religion, pursuant to the terms of this paragraph each parent shall a major decision under this information pertaining to the Child including, but not limited to, school and medical information. In the event the parties are unable to reach an agreement as to · provision, neither party shall make a unilateral decision. Should an emergency decision arise concerning the Child, the custodial parent shall make a reasonable effort to contact the other parent prior to making the decision. However, in the event the nature of the emergency does not permit time for consultation, the custodial parent shall notify the other parent as soon as possible. 2. The Mother shall have primary physical custody of the Child. the Mother's residence on alternating ather shall have periods of visitation at 12:30 p.m. until 2:30 p.m., 3. The F , _ , a.aa a m until 12:30 p.m. and Sunday frO%ather,s weekday periods of weekends on Saturaay trom tv.~,~ · · During Lent the Wednesday and on every Wednesday from 6:00 p.m. until 8:00 p.m. of visitation custody shall take place on Tuesdays from 6:00 p.m. until 8:00 p.m. rather than on evenings. The Father's parents may also be present during the Father's weekend periods at the Mother's residence. 4. The Father shall enroll in and complete a course of parenting classes with parentworks or other provider selected by agreement. The Mother shall make the Child available for the classes as recommended by the provider and the Father shall coordinate the scheduling of classes with the Child's napping and feeding schedule. The Father shall be responsible for all costs of the parenting classes. P ----'nt and substance abuse issues, tit~ emphasis on asscssment of possible anger managcm,~,~ apportioned between the parties, with the Father being responsible for $?00.00 and the Mother being responsible for $300.00. and the psychological .6. . t there are no further reco..mm.e,n_d~,n~s for additional classes, counseling or cvaluaUon and m ,the~_v~,,s ,,eriods of custody w~th me ~m,,~ shall no longer be restricted to the Upon thc Father's successful completion of both the parenting classes arises as to other treatment, tile ru, ut~ Mother's residence or sub}ected to any requirement of supervision. In the event an issue whether the requirement of successful completion of the parenting classes and evaluation has been satisfied, counsel for either party may contact the Conciliator to schedule an additional Conference to address that issue· 7. The Father shall sign all necessary authorizations to facilitate release of the results of the evaluation and parenting classes to the Father's counsel, which shall then be shared with the Mother's counsel. 8. Neither party shall drink alcohol or smoke during his or her periods of custody with the Child· 9. Both parties shall ensure that their respective residences are fully ,'childproofed" for the safety and protection of the Child· 10. Both parties shall ensure that the Child is transported at all times in an appropriate vehicle which does not have an air bag which could be activated at the Child's seat. The Father shall obtain approval of the installment of the Child's carseat in the Father's vehicle by the local or state police department prior to transporting the Child· · merit of the parties at a Custody Conciliation · Order ~s entered pursuant to..an agre~e,~.:~ r~,~- v utual consent. Inthe absence of 11. Tt~i_',s ~:-~ -*'a,, modify the provisions ut u,l~ ,-,,--- b~ m ence. 'iBC pam~ ,,, J Conf~ ~ -~-- *~-'~s of this Order shall control. mutual consem, til~ cc'~.J ul Helvy, Esquire - Counsel for Father ~y Smigel, Esquire - Counsel for Mother GREGORY J. BADIN, Plaintiff VS. MICHELLE N. MC INTYRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-762 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: NAME The pertinent information concerning the Child who is the subject of this litigation is as DATE OF BIRTH CURRENTLY IN CUSTODY OF Cavan Grey Mclntyre October 6, 2001 Mother 2. A Conciliation Conference was held on March 13, 2002, with the following individuals in attendance: The Father, Gregory J. Badin, the his counsel, J. Paul Helvy, Esquire, and the Mother, Michelle N. Mclntyre, with her counsel, LeRoy Smigel, Esquire. 3. The parties agreed to entry of an Order in the form as attached. D/la<g,_ glt 0o03- aw ' D Date Custody Conciliator