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Home My WebLink About05-6058 Robert James McLaurin, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Christina Lee McLaurin, Defendant CIVIL ACTION - LAW No. 05 - 4 oS I CIVIL IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Robert James McLaurin, currently residing at 10 Webster Street, Goose Creek, South Carolina 29445. 2. The defendant is Christine Lee McLaurin, last known address is 209 Spring Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks custody of the following child: Name NichoJe M. McLaurin Present Residence ] 36 B Street Stoystown, PA ]5563 DOB 2/26/1997 Age 8 yrs. 9 mos, The child was not born out of wedlock. The child is presently in the custody of Kathy Strayer, maternal grandmother, at 136 B Street, Stoystown, PA 15563. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Kathy Strayer Materna] grandmother ]36 B Street Stoystown, P A ] 5663 9/] 6/05 to present Christine Lee McLaurin 104 Summer Lane Eno]a, P A ] 7025 6/20/0] to 9/] 6/05 4. The last known address of the mother ofthe child is 209 Spring Lane, Enola, Cumberland County, Pennsylvania ] 7025. She is not married. The father of the child is Robert James McLaurin, currently residing at 10 Webster Street, Goose Creek, South Carolina 29445. He is married. 5. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons. Name Vivianne McLaurin Cameron A. McLaurin Relationship Wife Son 6. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons, Name Relationship N/A 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. The child is currently residing with maternal grandmother, Kathy Strayer; it is unknown whether she will claim to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Father is in the best position to care for the child at this time. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant a times determined by the Court. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: lIrt<l)>OS Mark F. Bayley, Esqui 155 S. Hanover St et Carlisle, P A 17013 (717) 241-6070 Supreme Court J.D. # 87663 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. 'f~ 0'VwUb rm~ Robert James McLaurin, Plaintiff ~ ~ ~ --- ~ " ~ ~ \J", ~, ~ ---- -- --<:: ~ 0 .9-.) \J.) ....... ~ ~.:; ..-j "1,. C,.' ~ ,) -;1 ::;2 \'..) C'.: .. ROBERT JAMES MCLAURIN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-6058 CIVIL ACTION LA W CHRISTINA LEE MCLAURIN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, December 0], 2005 , upon consideration of the atlached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, CumberlandCouuty Courtbouse, Carlisle on Friday, December 30, 2005 at ]0:30 AM --- for a Pre-Hearing Custody Conference, At sucb 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 lemporary ordcr. 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 Ahuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: 1st Hubert X Gilrov. E~~ Custody Conciliator r' 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 omce, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must atlend 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 rf d.y17 If -;,-.r' 44; Sf.,C( .;/?r :z ~ 7?lplV 50. .~;'- tI ~ Y r; r 4#1 ..f'?l JO> e! 7:'::> ~?i : 1.1 ,-- '" _j ..'1 ;,J --~. , ::':: ,,\ , , .I~", I.i r, LUUb ROBERT JAMES MCLAURIN, Plaintiff , 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO 05-6058 CIVIL ACTION - LAW CHRISTINA LEE MCLAURIN, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator' submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Nichole M. McLaurin, born February 26, 1997 2. A Conciliation Conference was held December 30, 2005 with both parties appearing by telephone and attorney Mark F. Bayley appearing in person on behalf of the Plaintiff. 3. This is a situation where Mother has had custody of tbe minor child pursuant to an informal agreement for a number of years. Recently, Mother has sent the minor child to live with the maternal grandmother in Johnstown. Mother suggested she will be moving up to that area once she gets another job. Father believes Mother's actions in this matter merit a consideration for Father getting primary physical custody of the minor child, and Father desires a hearing in this case. Father is currently living in South Carolina and has had intermittent custody of the minor child. 4. The Conciliator recommends an Order in the form as attached. Date: January L, 2006 a. Hubert X. roy, Esquire Custodl onciliator .! "::J ~o :01 o i (,;~Ir !JUOZ ~:'il :-:(') .:.1 .. , . ROBERT JAMES MCLAURIN, Plaintiff .IL\\I {j () LUUb yJ'I IN THE COURT OF COMMON PLEAS / CUMBERLAND COUNTY, PENNSYLVANIA vs. NO 05-6058 CIVIL ACTION - LAW CHRISTINA LEE MCLAURIN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this c/uf day of January, 2006, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as ~ollows: 1. A hearing is scheduled in Courtroom No. L_ of the Cumberland County Courthouse on the /tl--ch day of (~/7:<' j ,2006, at 9' ;3d ..iL.m. At this hearing, the Father shall procee IDltIally wIth testImony. Counsel for the parties, or the parties themselves if they do not have legal counsel, shall file with the Court and opposing counsel a Memorandum settin!: forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the existing status quo shall be maintained whereby the Father, Robert James McLaurin, and the Mother, Christina Lee McLaurin, shall enjoyed shared legal custody of Nichole M. McLaurin, born February 26, 1997. The Mother shall continue to have primary physical custody with the Mother having the option to let the child live with her parents on a temporary basis. When Father is in the Cumberland County area for purposes of the hearing scheduled above or otherwise, Mother shall ensure that Father shall have custody of the minor child during that time. BY THE COURT, Cc: Aark F. Bayley, Esquire -\ L Ms. Christina Lee McLaurin -?~ ",tl d~/ tR\~v \ ,\\) (j\ Judge '~~r ~8 06 03:37p Shenandoah Honda 5406780874 p.l From:IRWIN LAW OFFICE 7172439200 04/18/2006 14:45 #526 P.OO1/001 APR 18.~OOi l':O~ 4153375381 Pag" 1 Af,.Ir III u., Ol.;b~'''' r...,..,;n ........ uf1 .".., ." 7'fo:;"4:3~~ZOU "".u1 ROBERT JAMI:S lCLAUflIN, "'alntl" II. t:HRIS,TINA LEI: M LAURIN. Defendant ; IN THi: COURT OF COMMON PLEAS OJ: , CUMflERLANO COUNty, PENN6YLlfAHlA NO 05-6051 CIVIL ACTION - L/l.W IN CUSTOO'l' STIPULATION AND NOIII/. colne Rob." McLaurin aM Ct1ft$bna ((;hn$litlt') MrJL<!IlIrin, ...mi . ~[/r"'" ., hllV" Ihe '''IIDWln9 CQurt O,(le, anlereo ""In 'egard trJ lneir millO' onil~, Nlcul" M"l'lUhlt, born February 26, 1997. I ' ~ ne parlie" ~i"" ,\,,"" ''1981 t;u.\t,uy; ~"-Iher shall nil"'. ~lt\"'i\I''t l,h~s\c.:~1 custody at his r.skt81\('." ifl South {~3ro'i"ll oul')"", to MQrl"'. p"rilUl physiclIl CU"'My At IIMIl" "9Ilttil<j "POll by lh" perUt.,. Tit" Inal .t;herled rD' April 19, 200S '0 r.Anr.lII1011.1 . lNl-tr.RF.FORi' by "9,'iIl9 b"'''w "ntl rurwNrding ,;gnalu,e. by f3c."nilo, lIle partlli~l.Jtlru~ 10 tt1e Anl,yor tne nuove Order. \, ? ;1. ~.... DiJt~:,'jl!J!'.l4:9 eh,iolin" MCL ~ PrCl Sa , ....j.._ . _... 08kt.f:jF; ~ M;;o'k 1'1 8" ,sq.i1r& AttornJy hJr Rubert McLaunn I ole' '( J/ :(/6 (f' MHo, ~'. J.:,l!!\ ! I: ';,: JlII.II; Ioi 11\\" (1; j":,' .' I j I ::.~ I. I',':' It 1'1<<'. t:Jtl .-' ., \.r.J c , ROBERT JAMES MCLAURIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO 05-6058 CIVIL ACTION. LAW CHRISTINA LEE MCLAURIN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this /9& day of ,4",,..;1 . , 2006, based on Stipulation by the parties, the Court hereby enters the following Order with regard to the parties' minor child, Nicole McLaurin, born February 26, 1997: 1. The parties shall share legal custody; 2, Father shall have primary physical custody at his residence in South Carolina subject to Mother's partial physical custody at times agreed upon by the parties; 3. The trial scheduled for April 19, 2006 is cancelled. By the Court, /l4 ,.. J. r\,(", ' \,. .'~ \,\.\ 't'\