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HomeMy WebLinkAbout05-0111 II GLADYS M. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.2005- III CIVIL TERM MICHAEL P. LOVE and I CANDACE PEFFER, Defendants CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR PARTIAL CUSTODY PURSUANT TO 23 PA.C,S.A. ~ 5312 1. The Plaintiff, Gladys M. Love (hereinafter referred to as "grandmother"), is an adult individual who resides at 20 Wiltshire West, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Michael P. Love (hereinafter referred to as "father"), is an adult individual who resides at 201 Yorktowne Boulevard, Locust Grove, Virginia 22508. 3. The Defendant, Candace Peffer (hereinafter referred to as "mother"), is an adult individual who resides at 175 South Orange Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Mother and father are the natural parents of Michael J. Love, born May 2, 1997 (hereinafter referred to as "child"). 5. Grandmother is the maternal grandmother of the child. 6. Grandmother brings this action pursuant to 23 Pa.C.S.A. 95312. 7. Father and mother have lived separate and apart for approximately four years. II 8. Plaintiff seeks custody of the following child: Name Present residence Age Michael J. Love 175 South Orange Street Carlisle, Pennsylvania 17013 7 years The child was born out of wedlock. The child is presently in the custody of mother, who resides at 175 South Orange Street, Carlisle, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Candace Peffer Patricia Peffer James Peffer 175 S. Orange St. Carlisle, PA 1/01 - present Candace Peffer Michael P. Love McBride Avenue 1/00 - 1/01 The natural mother of the child is Candace Peffer, currently residing at 175 South Orange Street, Carlisle, Cumberland County, Pennsylvania. She is not married. The natural father of the child is Michael P. Love, currently residing at 201 Yorktowne Boulevard, Locust Grove, Virginia 22508. He is not married. 9. The relationship of the Plaintiff to the child is that of natural grandmother. The plaintiff currently resides with the following persons: Names Relationship None II I - 10. The relationship of the Defendant to the child is that of natural father. The defendant currently resides with the following persons: Names Relationship Victoria Keener girlfriend 11. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Relationship Patricia Peffer Maternal grandmother James Peffer Maternal grandfather 12. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 13. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. II WHEREFORE, Plaintiff requests your Honorable Court to grant her partial physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER /l1/#11iv Michael A. Scherer, Esquire 1.0.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/love/partialcustody.pld II VERIFICATION The statements in the foregoing Complaint For Partial Custody Pursuant To 23 Pa.C.S.A. Section 5312 are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsifications to authorities. DATE: / /:r ~s fl+ G~YS~ i -{g. ^l ......... "'-' ......... Q = 0 :-- ' .. c:.::> -n <;J' 8 -,;,. <- .-i - f ,.. :t';C't: :1: ..,., ~ , ~,~ rnF ....0 I :228 t5 LJ en ;--\ L ~:--l C) q F -r:J i~2 ~~~ ( ) -,.." (j rn , ...- ~ "" ~, . ..:;:~ -..1 C) ~r} -( 0 .< 1:- GLADYS M. LOVE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-111 CIVIL ACTION LA W MICHAEL P. LOVE AND CANDACE PEFFER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, January ll, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 10, 2005 , the conciliator, at 8:30 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 hearing. FOR THE COURT, By: /s/ Hubert X Gilj'ov, 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 otTice. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 I 7) 249-3166 " rf ~rP"# ~ 1/7~ t-IdJ So ff.! 2fh; 1:-. ~~ o/tL 50-f( I J-Pcr::0P ~ ~vw ~ 'F??} St}r?/( \., -I Z\ i"'~'.'''7 (, :;::. ~:il S:~UL JI R CEIVEDMAR29Z005 .' GLADYS M. LOVE, Plaintiff IN THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY, PEN 'YL VANIA v CIVIL ACfION - LAW MICHAEL P. LOVE and CANDACE PEFFER, Defendants NO. 2005 -111 IN CUSTODY COURT ORDER AND NOW, this ~daY of f/l~ ,2005, 4pon con ideration of the attached Custody Conciliation report, it is ordered and directed as ~llows: 1. The minor child, Michael P. Love, born May 2, 1997 s~all be in the custody of his maternal grandmother, Patricia Peffer. 2. The maternal grandmother shall work with the paternal *randmo her, Gladys M. Love, to provide the paternal grandmother with peri~ds of vi itation with I the minor child. It is noted that initially these periods of visitati should be , accomplished with both grandparents together. Howev~r, it is t e intention that at some point the minor child will be able to vi~it with is paternal grandmother alone and ultimately work out the situationl such th t the minor child will be able to sleep over at the paternal grandmoth~r's home 3. The mother, Candace Peffer, and the father, Michael :r. Love, shall enjoy periods of temporary physical custody of the minor chil~ as agr the parties. 4. In the event either party is dissatisfied with this order, that party ay petition the Court to have the case again referred back to the cpustody onciliator. Because the natural parents were not involved in the Con~i1iation onference, it is noted that the natural parents reserve the right to rair;e any a d all issues that may be appropriate at a later time, including standing of th parties or any other jurisdictional issues. cc: vMkhael A. Scherer, Esquire ~tricia Peffer 175 S. Orange Street Carlisle, PA 17013 veandace Peffer 175 S. Orange Street Carlisle, PA 17013 vMlchael P. Love 201 Yorktown Blvd. Locust Grove, VA 22508 ) Judge ':L ~~ 0.3 ~3 J -05 ; '\ :r,:~ . 1\';"':\;; . 92:G i,;;l ) t),_" 1 ..\1.....',.'......, s ::rJl,! SOal }-Ji ',~ :j\) tJ GLADYS M. LOVE, Plaintiff IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PEN SYLVANIA v CIVIL ACTION - LAW MICHAEL P. LOVE and CANDACE PEFFER, Defendants NO. 2005 -111 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REP~lIT IN ACCORDANCE WITH THE CUMBERLAND COUNTY ICIVIL ULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator s*bmits t e following report: 1. The pertinent infonnation pertaining to the child who is the su~ject of t is litigation is as follows: ' Michael J. Love, born May 2,1997. 2. A Conciliation Conference was held on March 24, 2005, with th following individuals in attendance: The paternal grandmother, Gladys M. Love, with her counsel, ~ichael Sherer, and the maternal grandmother, Patricia Peffer, who was not a name4 party b t appeared at the Conciliation Conference without counsel. 3. The case is somewhat unusual. The minor child is residintwith h. maternal grandmother, Patricia Peffer. The mother, Candace Peffer, co es and oes at the home and is sometimes there with her son and is sometimes not. Howeve, the child has resided with the maternal grandmother and grandfather for ~t least t e past five years. The father, Michael P. Love, is now living in Virgini. and ha not been involved in the child's life. He has not seen the child lately and islnot payi g support. The mother, Candace Peffer, has been involved in the child's (ife but er current whereabouts are unknown. It was suggested by her mother that ~andace was aware of the Conciliation Conference. 4. The paternal grandmother is merely looking for some time wit~ her gr ndson. It appears to be appropriate to facilitate that type of contact. Ho~ever, t e paternal grandmother has not had much contact with the child so ther~ will n d to be a period of time where the parties will need to work on reassuring (he mino child and making the child comfortable with the paternal grandmother. . 5. The Conciliator recommends an order in the form as attached. ] -:;r- O~ DATE Hubert X. G' oy, Esquire Custody Conciliator