The URL can be used to link to this page

Home My WebLink About05-6191 DAVID J. MASSIE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN CUSTODY :NO. O!f(../"il CIVIL TERM SAMANTHA M. CROWN, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights of custody and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 ASSOCIA TION 32 S. Bedford St. Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations avail 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. DA VlD J. MASSIE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY : NO. 05.(",11/ CIVIL TERM SAMANTHA M. CROWN, Defendant COMPLAINT FOR CUSTODY The Plaintiff, David 1. Massie, by his attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. Thc PlaintitT is David 1. Massie, residing at 1230 North Middleton Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Samantha M. Crown, residing at 4 Maple Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. PlaintitT seeks custody of: Name Present Residence Date of Birth Naydean Marie Massie 4 Maple Avenue, Carlisle, P A 17013 February 28, 2005 Thc Child was born out of wedlock. The Child is presently in the custody of Samantha Crown, who resides at 4 Maple Avenuc, Carlisle, Pcnnsylvania 170\3. During the past ten months the Child has resided with the following persons at the following addresses: Persons Address Dates Samantha M. Crown 4 Maple Avenue, Carlisle, PA 17013 February 28,2005 - Present Thc Mother of the Child is Samantha M. Crown, currently residing at 4 Maple Avenue, Carlisle, Pennsylvania 17013. She is single. The Father of the Child is David J. Massie, currently residing at 1230 North Middleton Road, Carlisle, Pennsylvania 17013. He is single. 4. The relationship of Plaintiff to the Child is that of Father. The Plaintiff currently resides with the following persons: Name Paul May Daniel May Relationshio Cousin Second Cousin S. The relationship of Defendant to the Child is that of Mother. The Defendant currently resides with the following persons: Name Elsie Brown Mike Brown Naydean Marie Massie Relationshio Mother Father Daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation conccrning the custody of the Child in this or another court. Plainti IT has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth, or any other state. 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. 7. The best interest and permanent welfare of the Child will be served by granting the relief requested because: a. Plaintiff is the Child's natural parent and should be entitled to establish a relationship with the Child; b. Defendant has thwarted Plaintiffs efforts to see the Child and has refused to discuss possible custody arrangements with the Plaintiff; c. Plaintiff is willing to accept custody of the Child. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the Child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant him shared legal custody and primary physical custody of the Child, with the father having periods of partial custody. Respectfully submitted, Date: /.)); /D <) I / 01.{( :;)( . Linda LeF ,(y'er Cortifi", Lo"lln",. cf!; ?;,~:fu{i- ~ ROBER E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 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.C.S. S 4904, relating to unsworn falsification to authorities. '~.~ David J. Mass~Plaintiff ,-- ", , >:) --h ..., "j' r~ -.,.r: DAVID J. MASSIE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : IN CUSTODY : NO. 05'-1.01'1\ CIVIL TERM SAMANTHA M. CROWN, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow David J. Massie, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. jll/ ,-- Date:'7'- f.., ') I / Respectfully submitted, ~v<'f .~~,. . inda LeFever Certified Legal Intern ROBE THOMA M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 'rl c .. DA VID J. MASSIE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-6191 CIVIL ACTION LAW SAMANTHA M. CROWN IN CUSTODY DEFFNDANT ORDER OF COURT AND NOW, Thursday, De_cemher O~, 2005.__, upon consideration oCthe attached Complaint, it is hereby directed that parties and their respcctive counsel appear before Hubert X. Gilroy, Esq. . thc conciliator, al__4!~I'~oor'C::~Ill~erJ.~~~c::ounty'c::ourth'!.~~",Carli~.I,,- on__----.-I'!:iday, J,,-ouarv 06, 2006 at _8:~-"-----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 bc accomplished, to detine and narrow thc 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 hearin\!,. FOR THE COURT. By:~s/ Hubert X Gilrov. EBL-----+'4i\/ Custody Conciliator jV 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 accessiblc facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oftice. 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 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, Pcnnsylvania 17013 Telephone (717) 249-3166 -~~rli'# ~~~J JVp-t.'1 ~:? ~ ~ ?/L., 5v,? ll' '7:7--7 ~~ -~5r:?6el " : 11 : ",' c - :-':~': ., " '" (j) ." 0 3 '" co -oJ ~ ~ 0 ." 0 ro 1rI 0- 2 0 ~ -< w '" ...II 0 0 0 .. 0 0 0 w Ii' ru IT' 3 W ro !'. ru o' :Il -'= . C ...II 3 1rI :Il ru ~ . -s: g ~ il: ~ ! ~ o DAVID J. MASSIE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : IN CUSTODY SAMANTHA M. CROWN, Defendant : NO. 05-6191 CIVIL TERM CERTIFICATE OF SERVICE I, Linda LeFever, Certified Legal Intern, hereby certify that the Family Law Clinic served a true and correct copy of the Custody Complaint on Ms. Samantha M. Crown, residing at 4 Maple Avenue, Carlisle, PA 17013, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Ms. Samantha M. Crown, on the 10th day of December, 2005 as evidenced by the attached green card. !"- ~ ~ DO W !'. -:Il ~ :::I. iil8 s ~ _. " ~ ~ a. fi 8.-<' ~ il' il.;:: 1il ~. = fib ~ i gnz _~ b 3 iiI !!. . :Il ~ ~ s: ro .. -s:- Q' s: ~ ~ , ;;r , 0. .. . ;Ler~ [dt;;~ Linda E. LeFever h~:dLu4f Anne ae onald-Fox, Esq. Supervising Attorney . . . ,'--' " )- it g?i!g~itg o' g~g:3.33 c-- _J::: ~ " ~::a~ ~~ It - ::? 0. CD2:~Sii;- <$:.-" ~ a'~o"lll'" ~ ~ . L . ~Q)Q)Q).-+Q) ,6 (~- . -a~ 3 ~.3 0. :;;;; rog.cn ~ R "'o!1.~~~ (OC. , "C c::::::J W ~ ~ 3 Cl c:d':1 ~ -.--,," CD(t)_~m.Ol '}:S ~- "C rr =r a. <":::J / CD Q) ell CD a. ~c:.. 3~~~-<~ -r --0 a iij"~ <- ,; - 0 ~ ~ (~~; . g:o;:m~ CD '< :J" _. 0 r~~ c' 3oro[o . ,-..i c-:=-- e!. F ca. -5 n:j ...-..< -g: ~ (ii" ( ~ ~ .. .ro ro F AMlL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 :D :D~ (DC .D~ c:J ro::!J en (~ -0 (]) CD 0. -. "0 .-.. - " ..,) \.J ~ DO '" ~ 6{0 z<f I::;Q, It~ o (/l ('"" 0 Q, CD 'V 2. (iI ;:!. V'~ ~ ~!} .- r~ t~ ... :-.:.J< ( ,~, .~ d- ( JAN 1 0 LUUb )/<( I DA VII> J. MASSIE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 05-6191 CIVIL ACTION - LAW SAMANTHA M. CROWN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this to day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, David J. Massie, and the Mother, Sam~lntha M. Crown, shall enjoy shared legal custody of Naydean Marie Massie, born Febrnary 28, 2005. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical ,custody of the minor child as follows: A. On every Saturday from 9:00 a.m. until 5:00 p.m. B. At such other times as agreed upon by the parties 4. The Father shall ensure that he has an appropriate child restraining seat for the child when transporting the child. Additionally, the Fathelr shall ensure that a licensed driver will be driving any vehicle transporting the child. 5. The parties will meet again with the Cnstody Conciliator on Thursday, February 16, 2006 at 9:30 a.m. At that time, the parties will address expanding Father's periods of temporary custody assuming the initial period of custody the Father has with the minor child goes without any significant incident(s). 6. In the event there are any problem~ that develop over the next few weeks, counsel for the Father or counsel for the Mother if the Mother retains counsel, may contact the Conciliator directly to address those issues. 7. This Order allows Father to come to the Mother's home for purposes of exchange of custody, and this Order shall supercede any other Court Order relative to restrictions on contact between the parties. Unless agreed otherwise between the parties, Father shall handle transportation for the initial phase of visitation, with the anticipation in the future that transportation will be shared between tbe parties. \ Judge cc: vR'ene Gomall ~mantha M. Crown 0-\ 0 \,0 \.p 0\'\ ',f') F: lJ- C) ,..~, C) --) '-../":', c:--:) c;;) ~'-.... .-) (j DAVID J. MASSIE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-6191 CIVIL ACTION - LAW SAMANTHA M. CROWN, 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: Naydean Marie Massie, born February 28, 2005 2. A Conciliation Conference was held on January 6, 2006, with the following individuals in attendance: The Mother, Samantha M. Crown, who appeared without counsel The Father, David J. Massie, with his counsel, IRene Gornall of the Dickinson School of Law Family Law Clinic 3. The parties agree to the entry of a Custody Order as set forth in the attached proposed Order. Date: January it-, 2006 Custodx ol1ciliator DAVID J. MASSIE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN CUSTODY SAMANTHA M. CROWN , Defendant. : NO. 05-6191 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this ISh'day of ii- bh,; ni , 2006, between / David J. Massie (Father) and Samantha M. Crown (Mother) concerns the custody of their child: Naydean Marie Massie, born February 28, 2005. A Custody Conciliation was scheduled for Thursday, February 16,2006 at 9:30 a.m. before Hubert X. Gilroy, Esquire. Instead of proceeding to conciliation, Mother and Father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following. I. Mother and Father shall share legal custody of the child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decision affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody ofthe child until March 11,2006 as follows: A. On every Wednesday from 9:00 a.m. until 5:00 p.m. B. On every Saturday from 9:00 a.m. until 5:00 p.m. 4. After March II, 2006 Father shall have periods of partial physical custody of the child as follows: A. On every Wednesday from 9:00 a.m. until 5:00 p.m. B. On every Friday at 9:00 a.m. until Saturday at 5:00 p.m. 5. Father shall ensure that he has an appropriate child restraining seat for the child when transporting the child. 6. Father shall ensure that a licensed driver will be driving any vehicle he uses to transport the child. 7. Father will transport the child to and from Mother's house for purposes of exchanging custody. 8. Mother and Father share custody of the child on holidays as mutually agreed. 9. Mother and Father will notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. Mother acknowledges that the Family Law Clinic has represented only Father's interest in this matter and has given her no legal advice other than to seek the advice of her legal counsel. II. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. /v~ ,1~ David J. Ma sie ,Plaintiff IM,.iL (' Samantha M. Crown, Defendant ....xrll {VII jl1c1 ~ eLL ~auren McH~ Certified Legal Intern Counsel for Plaintiff 1&1 ~~t " ROB THOMA M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Counsel for Plaintiff F AMlL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Phone (717)243-2968 Fax (717)243-3639 c., ,-~', ",\ c:, r..) ~\ ... . , ~ RECEIVED fIB 16 2tnS AfA'? DAVID J. MASSIE , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY SAMANTHA M. CROWN , Defendant. : NO. 05-6191 CIVIL TERM ORDER AND NOW, this ;;z. \ day of ~ ~ ,2006, the attached Custody Agreement is approved and ente~ Court. The Custody Conciliation scheduled for February 16,2006 at 9:30 a.m. before Hubert X. Gilroy, Esquire is cancelled. BY T ~~ cou.:7.. r; ./ I" / / / \, ( ..' '.. ( )-))~.~ ~d .,/~---.L ft5 ,'"J. ;';~~ 2ECEIVED i'EB 23 2CJ61 DAVID J. MASSIE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-6191 CIVIL ACTION - LAW SAMANTHA M. CROWN, Defendant IN CUSTODY ORDER AND NOW, this ;[) J day of February, 2006, the Conciliator being advised that the parties have reached an agreement, the conciliation conference scheduled for February 16, 2006 is canceUed and the Conciliator relinquishes jurisdiction UU-x Hubert X. Gilr , Esquire Custody Con . iator ';: '" " ,',1,7 ,v