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HomeMy WebLinkAbout00-1913NMKARRIANN L. CALAMAN, MICHAEL L. TAYLOR, ‘.7 -:'IN THE COURT OF COMMON PLEAS c ''l Plaintiff CUMBERLAND COUNTY, PENNSY0llA:' • ,E �'�. 'sal , `,.ere. . z. , t ,': it fir• _�,,n No . 00 -- 1913 Civil Term ry ow Dc. ry pi_) •....1. -...,=''t --4 C.71 ...t> PETITION TO MODIFY CUSTODY CO =< : ACTION IN CUSTODY Defendant : CIVIL ACTLON . �♦ rtt 1. -Petitioner/Defendant <is Michael L..Taylor, .(hereinafter "Father"), who'currently lives at 223 Middle. Road, Newville, Pennsylvania, 17241. 2. Defendant/Respondent is Karriann L Calaman, (hereinafter,"Mother"), who dives at.8582-Rice Road-, Shippensburg, Pennsylvani6,r17257,.- 3. Mother and Father are the natural parents of one child, namely, Dakoda L. Taylor, born July 9, 1998, age 16. 4. On March 30, 2000, a custody Order was 'enteredFregarding the child. 5. The custody Order provided for shared legal custody and for Mother to have :primary physical custody of the child. `' • 6. The persons living in Mother's home are: Jeff,Fler'ning, age 47, mother's boyfriend, Landon R. Barclay, age 11, and Matthew J., Barclay,,age,8, mother's children from another relationship. T N 1." Pi.wt 7. Since entry of the last custody order,,circumstances have changed in that: (a)the composition and atmosphere of Mother's household has changed; (b)the child is much older and more mature; (c)the child has a strong well -reasoned preference to live primarily with Father. 42g. 00 tpd I� ex& 41V /2#-5/0/32, 8. Father is requesting that the prior custody order be changed, to provide that Father have primary custody and that Mother have liberal periods of custody with the child, such that he can maintain a relationship with his half -siblings. 9. The prior custody Order does not adequately provide for the child under the current circumstances. 10. Father believes that the relief requested is in the best interest of the child because it provides for the child's stability and safety while ensuring frequent and ongoing contact with both parents. WHEREFORE, Petitioner requests this Honorable Court set a custody conciliation hearing to examine his request regarding modification. Date: <cl,g Respectfully submitted, Jane dams, Esquire I . DA o. 79465 est South Street rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR FATHER MICHAEL L. TAYLOR VERIFICATION I 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: g _ /3_ /4/ Odai Michael L. Taylor, Petitioner KARRIANN L. CALAMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 00 - 1913 Civil Term MICHAEL L. TAYLOR, : ACTION IN CUSTODY Defendant : CIVIL ACTION - LAW CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, MICHAEL L. TAYLOR hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or plead no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of All that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) Sentence Check Crime Self /Other Date of All that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault Sentence Check All that apply Crime Self /Other Date of household conviction, member 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 (relating to conduct Relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and relating offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) Sentence guilty plea, no contest plea or pending charges 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (d)(relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minors) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that apply A finding of abuse by Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: Self Other household members Date 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. e4 /Cf/Or" Signed: Date: cza J l dlcc.e1 C.- lCAr— Printed Name KARRIANN L. CALAMAN PLAINTIFF V. MICHAEL L. TAYLOR DEFENDANT IN THE COURT OF COMMON PLEASQ70 - , rn�' U' r:.1 f,. . CUMBERLAND COUNTY, PENNSYLV l�A - �l.,rr1 �- ..,� c_, . 2000-1913 CIVIL ACTION LAW r_:_77. -w; < C:7 -0 C::: 1 IN CUSTODY _c•, C---' `'m' �.. N) :.. OD ORDER OF COURT AND NOW, Tuesday, September 02, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor , Cumberland County Courthouse, Carlisle on Thursday, September 18, 2014 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. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. r f, 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. 713//x` At Cumberland County Bar Association 32 South Bedford Street Carl isle, Pennsylvania 17013 Telephone (717) 249-3166 KARRIANN L. CALAMAN, (N.K.A. MACKEY) Plaintiff T HE PHQTHO� 7r►OCT --6 PH 2: CUMBERLAND COU i Y PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2000 - 1913 Civil Term MICHAEL L. TAYLOR, : ACTION IN CUSTODY Defendant : STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made between the parties, namely, Karriann L. Calaman (N.K.A. Mackey), Plaintiff (hereinafter referred to as "Mother"), of Shippensburg, Franklin County Pennsylvania, and Michael L. Taylor, Defendant, (hereinafter referred to as "Father"), of Newville, Cumberland County, Pennsylvania; WHEREAS, the parties are the natural parents of three children, and there is a prior custody stipulation and Order in place dated March 30, 2000, under the above - captioned docket number pertaining to custody of the parties' three children; and WHEREAS, the parties wish to amend the prior custody stipulation as it relates to their child, Dakoda L. Taylor, born July 9, 1998, age 16; and the parties request that the stipulation be entered as a court order, NOW THEREFORE, the parties agree and stipulate as follows: 1. Legal Custody. Mother, Karriann L. Calaman, and Father, Michael L. Taylor, shall continue to have shared legal custody of their child, Dakoda L. Taylor, born July 9, 1998, age 16. The parties shall have an equal right to make all major non -emergency decisions affecting their child's general well-being, including, but not limited to, all decisions regarding health, education, and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child, including, but not limited to, medical, dental, religious, or school records, the residence address of the child 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. Each party shall notify the other of any medical, dental, optical and other appointments of a child with a healthcare provider, sufficiently in advance thereof so that the other party can attend. In the event of a medical emergency, the party with physical custody at the time shall inform the other party immediately of the situation. Thereafter both parties shall jointly make any emergency decisions. 2. Physical Custody. Father shall have primary physical custody of Dakoda L. Taylor and Mother shall have liberal periods of partial custody of the child as agreed. The parties shall take into consideration Dakoda's preferences and desires as to a schedule of physical custody, and shall ensure that he have regular contact with his siblings. 3. Transportation. Mother shall provide transportation for her custodial periods. 4. Disparaging Comments. The parties shall do nothing that may estrange the child from the other parent or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or affection for the other parent. 5. Relocation. Pursuant to 23 Pa.C.S.§5337, no party shall be permitted to relocate the residence of the child which significantly impairs the other parties' ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed custody relocation or the court approves the proposed relocation in a court Order. A person proposing to relocate must comply with 23 Pa.C.S.§ 5337, and give notice under this section. 6. Factors and Best interest of the children. In ordering any form of custody, the court can determine the best interest of the child, by considering all relevant factors, including those listed in 23 Pa.C.S.§5328, giving weighted consideration to those that affect the safety of the child. The parties have considered all of the relevant factors, and have attempted to craft a custody agreement which provides for the best interest of the child or children. The parties understand that while this matter could be heard by the Court, they are not requesting a hearing or court intervention on this matter, at this time, as they have been able to reach an agreement beneficial to the children, and it is in the best interest of the children and the parties to resolve this matter without litigation and with minimal conflict. 7. Stipulation. This Stipulation is entered pursuant to an agreement of the parties. The parties agree that this stipulation may be incorporated as an Order of Court and may be enforceable as an Order of Court. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this agreement and Order shall control. 8. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. The parties consent to jurisdiction in Cumberland County, Pennsylvania. WITNESSETH: r arriann .laman (N.K.A. Mackey), Mother itness Date: .9(4,,4? &G/Q'i°GY�c?�_ Michael L. Taylor, Father Date: /73 / v ED -OFFICE OF THE PROTHONOTARY 20140CT 10 nti 11: 148 CUMBERLAND COUNTY PENNSYLVANIA KARRIANN L. CALAMAN, : IN THE COURT OF COMMON PLEAS OF (N.K.A. MACKEY) Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW MICHAEL L. TAYLOR, NO. 2000 - 1913 CIVIL TERM Defendant. : IN CUSTODY ORDER a OA iVt AND NOW, this lb day of , 2014, having reviewed the agreement between the parties signed and dated the 2ND day of June, 2014, it is hereby ORDERED and DECREED that the attached stipulation shall be entered and incorporated into this Order of Court. By the Court: cc: Mark Bayley, Esquire, for Plaintiff Jane Adams, Esquire, for Defendant as Mb4 LEL ID IDA? KARIANN L. CALAMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW rn MICHAEL L. TAYLOR, : NO. 2000-1913 X rn Defendant : IN CUSTODY cnr- -<> <c) >c-) 3;>= ORDER .0mM (40 .C.J1 AND NOW, this day of October, 2014, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Esq Custody Conciliator