HomeMy WebLinkAbout06-0265
. ,
Mindy S. Goodman
Attorney at Law
2215 Forest Hills Drive
Suite 35
Harrisburg, PA 17112
(717) 540-8742
DEBRA L. McCLAIN,
Plaintiff
: IN THE COUHT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 0(, - ,;21-5
C:lC..>;lY~
SCOTT E. McCLAIN,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, this Lo +-'--- day of S ~9-' 2006, comes the
Plaintiff, DEBRA L. MCcLAIN, by and through her attorney, Mindy S. Goodman.
Esquire, and files this Complaint for Custody.
1. The Plaintiffs current address is 22 N. Chestnut Street, Dillsburg,
Pennsylvania.
2. The Defendant's current address 2783 Yacolt Road, North Port,
Florida.
3. Plaintiff and Defendant are the parents of two children, one of
whom is a minor and the minor child's name and date of birth are as follows:
CURTIS R. McCLAIN December 19,1991
4. During the past five (5) years, the minor child has lived at the
following places with the following individuals:
a. Since January 5, 2006 the minor child is living at 22 N.
Chestnut Street, Dillsburg, Pennsylvania with the Plaintiff, Plaintiff's
partner, Lisa Crumlich, and the Plaintiff's daughter, who is also the minor
child's sister, Aubrey McClain.
b. From October, 2005 until January 5, 2006 the minor child
was living at 2783 Yacolt Road, North Port, Florida with the Defendant and
the Defendant's wife, Peggy McClain.
c. From September, 2005 until October, 2005 the minor child
lived at 5840 Brickell Drive, North Port, Florida with the Defendant, the
Defendant's wife, and the minor child's paternal grandparents, Richard
and Katherine McClain.
d. Prior to moving to Florida, and other than a month or so prior
to moving to Florida, the parties had shared physical custody of the minor
child, by mutual agreement, on an alternating, two-week basis. Plaintiff
lived at the 22 N. Chestnut Street address and Delfendant iived at 7
Stillwater Circle, Dillsburg, Pennsylvania.
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6. For the following reasons, Plaintiff is seeking primary custody of the
minor child:
a. The minor child has been calling the Plaintiff from Florida
expressing his desire to return to Pennsylvania to live with his mother.
b. In addition to expressing a desire to be with his mother, the
minor child has indicated that he will physically harm himself or kill himself
if he is required to stay in Florida with his father and stepmother. (A copy
of an email sent by the minor child to his mother is attached hereto as
Exhibit A. Other written communication and/or tape recordings by the
child will be presented at a hearing on the matter.)
c. Plaintiff maintains that it is in the minor child's best interest to
remain in Pennsylvania under her primary care for the following reasons:
i. Until a few months ago, the child had always lived in
Pennsylvania and had always gone to school in Pennsylvania;
ii. The minor child's mother and sister are in
Pennsylvania and it is in his best interest to remain close to them
physically and emotionally;
iii. The majority of the minor child's extended family,
including but not limited to aunts, uncles and cousins, are in
Pennsylvania and/or Maryland and the minor child has a close
relationship with these extended family members;
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iv. The minor child will be able to attend the same school
as he has been enrolled previously and will be able to continue his
education and go to school with the friends he has grown up with.
v. The Plaintiff makes every effort to ensure that a
healthy relationship exists between the Defendant and his family;
conversely, Defendant continually makes derogatory remarks about
the Plaintiff and the Plaintiffs lifestyle, whiGh has a negative effect
on the minor child's relationship with his mother and sister.
7. No custody action has previously been filed in this case.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant
her primary custody of the minor child who is the subject of this petition.
Respectfully submitted,
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Mindy S. Goodman
Attorney at Law
2215 Forest Hills Drive - Suite 35
Harrisburg, PA 17112
(717) 540-8742
Attorney for the Plaintiff
4
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VERIFICATION
I have reviewed the contents of the foregoing Complaint for Custody with
the Plaintiff and on her behalf I verify that the statements made in the foregoing
document are true and correct. The Plaintiff understands that false statements
made herein are subject to the penalties of 18 Pa.C.S. 94904, relating to
unsworn falsification to authorities.
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Mindy S. Goodrnan, Esquire
Attorney for Plalintiff signing on behalf of
Plaintiff after reviewing the contents of
the Complaint for accuracy
Page 1 of I
Debra McClain
From: curtis mcclain [dancingmexicanpolka@yahoo.com]
Sent: Sunday, December 18, 20054:32 PM
To: Debra McClain
Subject: help
mom pleas come and get me if i have to spend another month with dad and peggy ill shoot my self i got to go
dads home bye
Do You Yahoo!?
Tired ofspam? Yahoo! Mail has the best spam protection around
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12/19/2005
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DEBRA L. MCCLAIN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
06-265
CIVIL ACTION LA W
SCOTT E. MCCLAIN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, __,---.Iuesd"t, Jauuary.J2, 200~_____, upon consideration ofthc attached Complaint,
il is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq, , the conciliator,
at__I\'lJ),J,J'1aulo"~'s,I90I~!~t,,-~t,,,~!'.IIIJlJ:lJ.II,1'J\J70II on _ _!hursday,Fe~ruary_02, 20Q~ at 1:00 PM
for a Pre-Hearing Custody Conference, At such conferencc, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to dellne and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age llve or older may also bc present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or pennancnt 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: isi
Melissa P. Greevy, E~----.J-iiA----
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 beforc 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
HA VI' 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 Srreet
Carlislc, Pennsylvania 17013
Telephone (717) 249-3166
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DEBRA L. McCLAIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-265 CIVIL TERM
v.
CIVIL ACTION - LAW
SCOTT E. McCLAIN,
IN CUSTODY
Defendant
ORDER OF COURT
lVIHc:.\'
AND NOW, this 3rcl day of F-:osrtl!lry', 2006, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. LeQal Custody. The parties, Debra L. McClain and Scott E. McClain shall
have shared legal custody of the minor child, Curtis R. McClain, born December 19, 1991.
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 his health, education and religion. Pursuant to the terms
of 23 Pa. C. S. 95309, 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 have primary physical custody subject to
Father's rights of partial custody which shall be arranged as follows:
A. Each year, Father shall have four (4) visits per year of five (5) to
seven (7) days in duration. The duration of the visits may be
expanded by mutual agreement of the parties or with guidance of
Curtis' counselor. Curtis shall not miss more than one (1) day of
school for any visit.
B. The other such times as the parties may agree.
BY THE COURT:
J.
Ois!: Mindy S. Goodman, Esquire, 2215 Forest Hills O( e, Suite 38, Harrisburg, PA 17112 \ I'
Scott E. McClain. 2783 Yacolt Avenue. North Port, FL 34286 / :5 - 7- DI.f ~
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DEBRA L. McCLAIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-265 CIVIL TERM
v.
CIVIL ACTION - LAW
SCOTT E. McCLAIN,
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
CURRENTL Y IN THE CUSTODY OF
Curtis R. McClain
12/19/1991
Mother
2. Mother filed a Complaint in Custody on November 11, 2005. A Custody
Conciliation Conference was scheduled for February 9, 2006. Attending the conference
were: the Mother, Debra L. McClain, and her counsel, Mindy S. Goodman, Esquire; the
Father, Scott E. McClain participated by telephone.
3. The parties reached an agreement in the form of an Order as attached.
dj).jJ /0 r 4Ji3. Jfk
Date elissa ~eel Gre~
Custody Conciliator
:269302