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HomeMy WebLinkAbout05-0208 PATRICK LOVE, Plaintiff vs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ': NO, (J ~ . c2 0 f (2u:J T.u- CANDICE JO BURNS, Defendant : CIVIL ACTION - CUSTODY COMPLAINT FOR PRIMARY CUSTODY 1. The Plaintiff is PATRICK LOVE, who currently resides at 12B Richland Lane, Apartment 206, Camp Hill, Cumberland County. 2. Defendant is CANDICE JO BURNS, who currently resides at 21' W. Coover Street, Mechanicsburg, Cumberland County and has so resided for more than 6 months prior to the filing of this complaint. 3. Plaintiff seeks custody of the following children: Name Present Residence Kyle William Love 21v W. Coover Street Kyra Veronica Love 2110 W. Coover Street The children were born out of wedlock. The children are presently in the physical custody of defendant, who resides at the address in paragraph 2 in Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: 1. Candice Jo Bums ---------217 W. Coover Street -------Birth'to December 1,2004 Patrick Love Maternal parents Maternal sister Maternal nephew . 2. Candice Jo Bums ----------217 W. Coover Street ------ December 1,2004 - present Maternal parents Maternal sister Maternal nephew Age 3 months 3 months The mother of the children is Candice Jo Burns, Defendant, currently residing at the address in Paragraph 2. She is single and living separately from plaintiff. The father of the children is Patrick Love, Plaintiff, currently residing at the address in Paragraph 1. He is single and living separately from defendant. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides alone. 5. The relationship of the defendant to the children is that of mother. The defendant currently resides with the following persons: Maternal parents Maternal sister Maternal nephew 6. 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 another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of any 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 children. 7. The best interest and permanent welfare of the children will be served by granting plaintiff primary physical custody and joint legal custody of said minor children with appropriate partial physical custody to mother. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, plaintiff respectfully requests your Honorable Court to grant primary physical custody andjoint legal custody rights to plaintiff. Respe , ~f ~ ~ ~ ~ ~ ~ ~ 0, ........ - :'- ~ (") {~~ r??/<'~- c':: ,~... .-" ::J '- ': ~ ~ ~ Co ,~ ~ <;,q ~ 4....'0" <: !::) J) 3::1 hi :-r-, _~ r~~' ,'Pc:;.i <i%;i ~-::",.1 "1 .~ ...... CJ ~ ....:..' PATRICK LOVE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 05-208 CIVIL ACTION LAW CANDICE 10 BURNS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 18, 2005 , upon com,ideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Weduesd.oy, February 09, 2005 , the conciliator, at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis cannot be accomplished, to de tine 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 herehy 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: Isl Dawn S, Sunda'", Esq, Custody Conciliator yJl' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of ] 990. For intormation 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 32 South Bedtord Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 (~F ~l 2J- ~'W i4;; Jil bIt _~/?! -F rfrc; r 1- ~:MA ~:J-p7? 5{Jbl. ( \"" 6 ':"\ : \ t\:l C, ~ :r ~~lGZ -,;"\1 JC': FEB 1 1 ZDl15r/ y PATRICK LOVE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-208 CIVIL ACTION LAW CANDICE JO BURNS Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of F ~i~. , 2005, consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The Father, Patrick Love, and the Mother, Candice Jo Burns, shall have shared legal custody of Kyle William Love and Kyra Veronica Love, born September 7, 2004. 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 this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. The custodial parent shall notify the other parent of all medical and other appointments scheduled for a Child or the Children in advance to enable the other parent to attend and shall schedule appointments when the non-custodial parent is available to the extent possible. 2. Pending the follow-up conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the Mother shall have primary physical custody of the Children and the Father shall have partial custody in accordance with the following schedule: A. The Father shall have custody of the Children for four weeks immediately following the conciliation conference on the two weekdays per week when the Father is off work (Monday and Tuesday during alternating weeks and Wednesday and Thursday during the interim weeks) and on alternating weekends when the Father is off work on Friday and Saturday. All periods of custody under this paragraph shall run from 9:00 a.m. until 1:00 p.m. B. During the week of March 7, 2005 and continuing through the conciliation conference scheduled in this Order, the Father's periods of custody shall be expanded to five hours, and shall run from 9:00 a.m. until 2:00 p.m. on the days specified in the preceding paragraph. 3. The parties acknowledge that it is their intention to gradually expand the Father's custodial time with the Children to a more shared arrangement in a manner that best serves the needs and interests of the Children. \.0 - .. n ~ '<-=:f IJJ ~ - I' ffi u.. ~ /~ 4. The parties and their counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn Sunday, on Tuesday, March 15, 2005 at 12:30 p.m. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall controL BY THE COURT, r cc:~san K. Pickford, Esquire - Counsel for Father ~uel 1. Andes, Esquire - Counsel for Mother ~I'~~~J_ ~r\~ o ;;.-Jt--05 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK LOVE vs. 05-208 CIVIL ACTION LAW CANDICE JO BURNS Defendant 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: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle William Love Kyra Veronica Love September 7, 2004 September 7, 2004 Mother Mother 2. A conciliation conference was held on February 7, 20D5, with the following individuals in attendance: The Father, Patrick Love, with his counsel, Susan K. Pickford, Esquire, and the Mother, Candice Jo Burns, with her counsel, Samuel 1. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. J-'iblVr~ f 0, dOcJ5 Date D=S~1:ir Custody Conciliator ~ . Plaintiff ''y RECEIVED APR 07 m rf1'V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ("- , PATRICK LOVE vs. 05-208 CIVIL ACTION LAW CANDICE JO BURNS Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of /J 1/1 [; f ' 2005, upon consideration ofthe attached Custody Conciliation Report, It'isfordered and dIrected as follows: I. A hearing is scheduled in Courtroom No. / ?&the C~berland County Courthouse on the c21,fiJ day of S(~ , 200Y,1at i;ii~~n tl'me testimony will be taken. For purposes of the hearing, the Father, Patrick Love, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. 2. Pending further Order of Court or agreement ofthe parties, the parties shall share having legal custody ofthe Children and shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children from Friday, April 8 at 4:00 p.m. through Saturday, April 9 at 4:00 p.m. and on Sunday, April I 0, 2005 from 9:00 a.m. until 4:00 p.m. Thereafter, the Father shall have custody of the Children on alternating weekends from Friday at 4:00 p.m. through Sunday at 4:00 p.m. B. In addition, the Father shall have custody of the Children on the weekdays on which he does not work (up to two days per week) from 9:00 a.m. until 2:00 p.m. The Father's periods of custody under this provision shall be scheduled on the two days during the week when he does not work until 7:00 a.m. on that day. C. The Mother shall have custody of the Children at all times not otherwise specified for the Father under this provision. .,.. ~ J:"..:'; lU~:?_ {2t~) !t:?,~ ("-><:;1 ('"L\ ~L~ tDu- cfUJ IE' u. o o 4' :n:: c.. ~~ 0: "'" Lr" = C::J ,--.. . . . D. In the event Mother's Day does not fall on the Mother's weekend period of custody or Father's Day does not fall on the Father's weekend period of custody, the Mother shall have custody of the Children on Mother's Day beginning at 2:00 p.m. and the Father shall have custody of the Children on Father's Day from 9:00 a.m. until 2:00 p.m. ifhe is not working during that entire period. BY THE COURT, cc:~n K. Pickford, Esquire - Counsel for Father ~amuel L. Andes, Esquire - Counsel for Mother c/ljiL/'d' '?J~'</ 1-{/t'!J leV , . . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK LOVE vs. 05-208 CIVIL ACTION LAW CANDICE JO BURNS Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle William Love Kyra Veronica Love September 7, 2004 September 7,2004 Mother Mother 2. A conciliation conference was held on March 15, 2005, with the following individuals in attendance: The Father, Patrick Love, with his counsel, Susan K. Pickford, Esquire, and the Mother, Candice Jo Bums, with her counsel, Samuel L. Andes, Esquire. 3. The Father initially filed a Complaint for Custody for which a conciliation conference was held on February 7, 2005. As a result of the conference, an Order was entered by agreement on February 14, 2005 under which the Mother had primary physical custody of the Children and the Father had increasing periods of custody with the Children under a specific schedule. The parties agreed at the initial conference as reflected in the Order that they intended to gradually expand the Father's custodial time with the Children to a more shared arrangement. A follow-up conference was scheduled for March 15, 2005, which is the subject of (his Report and Order. Following the conference on March 15, 2005, the Report and Order was held in this matter by agreement to facilitate further consideration of the proposed schedule. This matter was further held to enable counsel to have additional conversations regarding an interim custody arrangement as it appeared to be necessary to schedule a hearing. . . 4. The Father's position on custody is as follows: The Father believes that the periods of custody with the Children under the prior Order dated February 14, 2005, went very well and the Children are ready for expansion to overnight periods of custody. The Father believes it would be best for the Children to spend more time with him and he is willing and able to properly provide care for them during his periods of custody. The Father proposed that he have custody of the Children on alternating weekends from Friday through Sunday and on the two weekdays the Father has off from work for overnight periods. 5. The Mother's position on custody is as follows: The Mother believes that (here should be a phase-in of the overnight periods of custody before the full weekend periods begin. The Mother also feels it would be best for the Children if the weekday periods of custody were reduced to one day when the full weekends begin and that the one day period of custody not be expanded to an overnight period. 6. There were no specific concerns identified at the conference explaining the difficulties the parties were having in reaching a resolution as to an ongoing schedule. It is the impression of the conciliator that the basis for the differences in the parties' perspectives on scheduling has more to do with adjustment issues and concerns regarding further expansion. The parties were also unable to reach an agreement, even after additional time for negotiation, as to the interim schedule pending the hearing. Consequently, recommended arrangements are included in the attached proposed Order. The recommended interim schedule reflects an acknowledgement of the parties' understanding at the prior conciliation conference in February that the schedule would be expanded to a more shared arrangement but does not drastically alter the status quo pending the hearing. It is anticipated that both parties may object to the temporary recommendations contained in the attached Order. It is expected that the hearing will require at least one-half day. ~a~, Dawn S. Sunday, Esquire (j Custody Conciliator <. . PATRICK LOVE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYL VANIA vs : No, 05-208 CIVIL ACTION LAW CANDICE 10 BURNS, Defendlmt ; IN CUSTODY MOTION TO CONTINUE NOW COMES Susan K. Pickford, Esq, attorney for Plaintiff, Patrick Love and respectfully requests this Honorable Court to continue the above captioned matter and sets forth the following in support thereof: 1) On or about April 7, 2005, an Order was issued in the above captioned matter setting a hearing date of June 23, 2005. 2) On or about June 1,2005, Plaintiff, Patrick Love was ordered to armual active duty with the Reserves for a period from June 18, 2005 to and including July 2, 2005 in Fort Drum, New York. 3) Counsel for Defendlmt is aware of Plaintiff's orders and has anticipated a continuance to be tiled, A letter to that effect is attached hereto, 4) Counsel for Defendlmt is on vacation from June 16 through June 21. Therefore, Plaintiff would respectfully request a continuance to the first available date after July 2, 2005. Date: June 16,2005 usan K. Pickfor , Esq. Attorney for Plaintiff 3344 Trindle Road Camp Hill, P A 17011 (717) 612-1660 ID # 43093 C) 0;:;; 0 c:-: = -11 oJ' t._ (f,:n c: ..;;;i;': -nFn N ,.q 0 (.:~~!(?; 7-" ~..5;:< '.:;,:: ~;e '-." C) -5(r"1 __I -:7 ?o :::.:; 01 -<. 0 .< PATRICK LOVE, Plaintiff v. CANDICE JO BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-208 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of June, 2005, upon consideration of Plaintiffs Motion To Continue, the hearing previously scheduled for June 23, 2005, is rescheduled to Thursday, August 25, 2005, at 1:30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. ~an K. Pickford, Esq. 3344 Trindle Road Camp Hill, PA 1701 I Attorney for Plaintiff ~lUel L. Andes, Esq. 525 North 12th Street Lemoyne, P A 17043 Attorney for Defendant :rc BY THE COURT, VH'\~\;//\l,A.12', 11"')"""" (\.1.1' 1 I" '-'~l/',)n:) S I :S Hd ZG nnr SBJl "l;llil.Oi<O'i-lLOdd 3Hl ::10 "l"!~-l"-"T1U :J',..'i...(,., l..' d.:J iO .. PATRICK LOVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CANDICE JO BURNS, Defendant NO. 05-208 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of September, 2005, upon consideration of the attached letter from Samuel L. Andes, Esq., attorney for Defendant, the hearing previously scheduled for August 25, 2005, is rescheduled to Wednesday, December 28, 2005, at 10:00 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ri/~ J. esley Oler, Jr., Susan K. Pickford, Esq. 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Samuel L. Andes, Esq. 525 North lih Street Lemoyne, PA 17043 Attorney for Defendant ~ , .~ 9-I&.oJ L}-. :rc YiNV/,lASNN3d A.lNf10:) Ci~~\;n)jjtH!I~nn 60 : III./V 91 d3S SOOl Al:NIONOH10C!d 31-U :lO 388,1Q--(l31l:l - . . SAMUEL 1. ANDES ATTORNEY AT LAW 15215 NORTH TWELFTH STREET p. 0_ BOX 168 LEMOYNE,PENNSYLVANLA 17043 TEl.EPHONE (717) 76J'~361 9 September 2005 PAX (717) 761-143::; The Honorable J. Wesley Oler Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Patrick Love vs, Candice Jo Burns No, 05-208 In Custody Dear Judge Oler: I represent the Defendant in the above matter, I write to confirm my client's consent to the postponement of the hearing which had been scheduled before you for 25 August 2005. We have agreed to postpo~e the hearing because of a medical problem which Susan Pickford, Esquire, had at the time of the hearing. Thank you for your attention to this matter, Sincerely, Samuel L. Andes amh cc: Susan K. Pickford, Esquire Ms, Candice Jo Burns S<"p /;; . <DOS II vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK LOVE, Plaintiff \, CIVIL ACTION... LAW NO. 05-20S CANDICE }O BURNS, Defendant IN CUSTODY II ! , ORDER OF COURT AND NOW this 2. \ s t day of December 2005, upon the stipulation of counsel for the parties, the hearing scheduled in this matter for Wednesday, December 2S, 2005, is hereby continued generally. The hearing will be rescheduled upon the proper request of either party. BY THE COURT, J. D1STRLHUTlON: Susan M. Pickford, Esquire (Attorney for Plaintiff) ) 3344 Trindle Road, Camp Hill, PA 17011 ~ Samuel L. Andes, Esquire (Attorney for DefendanT) 525 North 12th Street, Lemoyne, PA 17043 I /) -J ~ -oj- (J~ /}tA...~ JW5 ::~:"'<n8 2 '1 : I Hd ZZ :)30 SOQZ AU-vIe \',~':'L:: :,;~d 3Hl :lO 3::);:;:.!O--{1:r1\:J ~.._r......;............. ' ~,.:,? ! ; SU4alt~, P~rd ~ at ~4QI. 33447Wutl< ;t<."" . ea...i' "1I,U. 'Pri 17011 #0-. 717-612-1660 . {a. 717-61~'-0375 December 16, 2005 The Honorable Judge Wesley Oler Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Love v Burns 05-208 Custody Dear Judge Oler: I represent Mr. Love in the above referenced custody matter. Attorney Sam Andes, representing Ms Burns, will be filing a requesting for continuance of the case. I am in agreement to the continuance as set forth in his papers. If you need anything further from me on this matter, I will be happy to comply. Very truly-;rours, J/:? > / " '-1'",,;2-d'~ // J .' ~"'--;l- ?r?' Su~an K, Pickfor.Y, Esq. l'