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HomeMy WebLinkAbout05-6699 CHRISTINA L. FOLCKEMER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; No. 05"- (, (. 9 q ~ G~ THEODORE J. BUXTON, JR., Defendant CIVIL ACTION - LAW CUSTODY COMPLAINT IN CUSTODY The Plaintiff, Christina L. Folckemer, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following: 1. The Plaintiff, Christina L. Folckemer, is an adult individual who currently resides at 625 Cumberland Point Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2, The Defendant, Theodore J. Buxton, Jr., is an adult individual who currently resides at 517 Fairfield Street, Harrisburg, Dauphin County, Pennsylvania. 3. There is one dependent child from the relationship of Plaintiff and Defendant, namely Brookelyn Buxton, born FeDruary 14, 2001. 4. The Plaintiff seeks primary custody of the following child: Name Present Residence Age Brookelyn Buxton 625 Cumberland Point Circle Mechanicsburg, P A 17055 4 years DOB 2/14/2001 The child named above are presently in the custody of her natural mother, Plaintiff, Christina L. Folckemer, who currently resides at 625 Cumberland Point Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Since birth, the child has resided with her mother, Plaintiff Christina L. Folckermer at the following addresses with the following additional individuals: Name Address Dates Plaintiff 625 Cumberland Point Circle birth to present The mother of the child is Christina L. Folckemer, Plaintiff, currently residing at 625 Cumberland Point Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The father of the child is Theodore J. Buxton, Jr., currently residing at 517 Fairfield Street, Harrisburg, P A. Plaintiff and Defendant were never married to each other and the child was born out of wedlock. 5. The relationship of the Pldintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: the subject child, Beverley Folckemer (Plaintiffs mother), Jason Folckemer (Plaintiff's brother), and Austin Valencia (Plaintiff's son). The relationship of the Defendant to the child is that of natural father. It is unknown by Plaintiff with whom Defendant resides. 6. Defendant filed a Custody Complaint in the Dauphin County Court of Common Pleas at docket no. 2005-CV-4865 CU on November 17, 2005. Defendant filed an Amended Complaint at the same docket number on December 9, 2005. Plaintiff is filing preliminary objections to Defendant's Dauphin County Complaint on the basis that the child has resided in Cumberland County since birth. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 8. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural mother of the child and has been her primary caretaker since birth. (b) Plaintiff is able to provide a nurturing stable environment for the child; (c) The best interests of the child would be served if Mother is granted primary physical custody ofthe child. (d) The child would benefit from continued custody with her natural mother. 9. 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. No other persons are known to have or claim a right to custody or visitation of the child to be given notice ofthe pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that she be granted primary physical custody of the parties' daughter. RESPECTFULLY SUBMITTED: Jeanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, P A 17055 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 DATE: :(~!l2riV CHRISTINA L. FOLCKEMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No, THEODORE J. BUXTON, JR., Defendant : CIVIL ACTION - LAW : CUSTODY VERIFICATION I, Christina L. Folckemer, hereby verifY that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: /J-;JJ - 05 Signature: ~t.tJ)1n.i ~ }., Christina L. F olckemer \ ~ ~, -. ~, --J ,~ "W ~, V ~ , v--~ ': ,\ S':' \f\. ~ \A \;} ) ~ \ ,,\, . . '4... ~ ~~ ~ ~ ,-> ~?::::; c.n C? ,-n " N N ~\ ;; o -n s!:D "',,\- ~;n . r\-.:J ~_:;~ (1) {~~~~1, /5tT1 c'-l T> ~ (I,) u:> .. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA L, FOLCKEMER v. 05-6699 CIVIL ACTION LAW THEODORE J, BUXTON. JR DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Tuesday, Jauuary 03, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Mellissa P. Greevy, Esq. at_1VI!>LManllJ:V-"~,901 State SI., Camp Hill, PA 17~~ on _,____I'Ei,day, J,muary 27, 2006 , the conciliator, at 1:30 PM for a Pre-Hearing Custody Confcrence, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be aceomplishcd, to detine and narrow the issucs to be hcard by the court, and to enter into a temporary ordcr. All children age five or older may also be present at the conference. Failure to appear at the conference may providc 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 Ito scheduled hearing. FOR THE COURT, By: Isl Melissa P. Gre~f3sq. 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 COUIt, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business betllre 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, Pennsylvania 17013 Telephone (717) 249-3166 -tcf'lOr 7"'l ",W' ~ 'rOO' ~n~ rhtttJ (?tl4"'.v /.<10;; 1'"':j'f"3u -"l'JI;;!' 'i, , "\\1 ~,\"j,\ 'J.\) 1 .' -' ..<, ).; , \\ '-" ('.., \. ~ \,,\:\ \ \ 'ol' ~ ..' ~o R::CcIVED :.iN! 1,' '} , ^ CHRISTINA L, FOLCKEMER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-6699 CIVIL TERM v. CIVIL ACTION - LAW THEODORE J. BUXTON, JR., IN CUSTODY Defendant ORDER OF COURT AND NOW, this ~ day of March, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, Leqal Custody. The parties, Christina L. Folckemer and Theodore J, Buxton, Jr. shall have shared legal custody of the minor child, Brookelyn Buxton, born February 14, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion, Pursuant to the terms of 23 Pa. C, S. S5309, 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. 2. Physical Custody. Mother shall primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. From 9:00 a.m. to 3:00 p.m. on February 10, 2006. B. Commencing February 14, 2006 each Tuesday and Thursday from 9:00 a,m. to 3:00 p.m, C. Commencing February 24, 2006, on alternating weekends, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 3. Transportation, Father shall provide transportation incident to the custodial exchanges. 4. Vacation, Each parent shall be entitled to up to two (2), non- consecutive weeks, of uninterrupted custody for purposes of vacation. For purposes of this paragraph, a week shall be defined as eight (8) consecutive days, The parties shall provide each other with not less than thirty (30) days written notice of their I NO. 05-6699 CIVIL TERM intended vacation plans in order to avoid conflicts in their schedules. The vacationing parent shall include their custodial weekend in their vacation period. 5. schedule: Holidavs. The following holiday schedule shall supercede the regular A. Easter Sunday - From 9:00 a,m. to 5:00 p.m. Mother shall have custody on even years; Father on odd years. B, Independence Day - From 9:00 a.m. to 5:00 p.m. Father shall have custody on even years; Mother on odd years. C. Thanksgiving Day - From 9:00 a.m. to 5:00 p.m. Mother shall have custody on even years; Father shall have custody on odd years. D. Christmas Eve - From December 24th at 12:00 p.m, through Christmas Day at 12:00 p.m, Father shall have custody on even years; Mother shall have custody on odd years. E. Christmas Day - From December 25th at 12:00 p.m. through December 26th at 12:00 p.m. Mother shall have custody on even years; Father shall have custody on odd years, F. Mother's Day - From 9:00 a.m. to 5:00 p,m. Mother shall have custody on every Mother's Day, G. Father's Day - From 9:00 a.m, to 5:00 p.m. Father shall have custody on every Father's Day. 6. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody, 7, Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or earshot of the child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child, 8. For a period of twelve hours before and continuing throughout any period of supervised visitation or partial custody with the minor child, the parties shall consume no alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall NO. 05-6699 CIVIL TERM likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 9. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. The child may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child, Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. In the event that a phone message is left for the child, the call will be returned within twenty-four (24) hours, 10. The parties shall be permitted to have reasonable respectful telephone contact with regard to the health, education and well-being of their minor daughter. 11, This Order is based on an Agreement of the parties. It is subject to modification by their mutual agreement. However, in the event that the parties cannot agree, the terms of this Order shall control. J, Dis!: Jeanne 8, Costopoulos, Esquire, 3803 Gettysburg Road, Camp Hill, PA 17011 Shane 8, Kope, Esquire, 4660 Trindle Road, Camp Hill, PA 17011 J.~ ~d ::f /i- at ,-- .' ,;,') " ; . R-c^~'VE[' I ;_Lel .J I":! . CHRISTINA L. FOLCKEMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-6699 CIVIL TERM v. CIVIL ACTION - LAW THEODORE J. BUXTON, JR., IN CUSTODY Defendant 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Brookelyn Buxton February 14, 2001 Mother 2, Mother filed a Complaint for Custody on or about December 27, 2005, A Custody Conciliation Conference was scheduled for January 27, 2006. However, due to calendar conflicts the matter was rescheduled to February 9, 2006. Father had filed a Complaint in Dauphin County docketed to 05-CV-4865 on November 17, 2005. Preliminary Objections were filed as to venue. Father petitioned to withdraw his Complaint, which Petition was granted on February 3, 2006 by Judge Bratton. Accordingly, the Preliminary Objection were dismissed as moot. Attending the Custody Conciliation Conference were: Christina L. Folckemer, the Mother, and her counsel, Jeanne B. Costopoulos, Esquire; Theodore J, Buxton, JL, the Father, and his counsel, Shane B. Kope, Esquire. 3. The parties reached an agreement in the form of an Order as attached. l Ah:ifJ~_I& Melissa Peel Greevy, Custody Conciliator 2/Aul o}o Date :269305