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HomeMy WebLinkAbout06-3141 David L. Bigelow, Plaintiff : IN THE COURT OF OMMON PLEAS OF CUMBERLAND CO TY, PENNSYLVANIA v. Debora D. Bigelow, Defendant CIVIL ACTIO No.C>(...-.]/4 IN CUSTODY COMPLAINT FOR CUSTODY -LAW CIVIL 1. The plaintiff is David L. Bigelow, residing at 538 North Fro Street, Steeiton, Dauphin County, Pennsylvania 17113, 2. The defendant is Debora D. Bigelow, residing at YMCA, I I I North Market Street, Harrisburg, Pa 17 I 03. 3, Plaintiff seeks custody of the following children: Name Present Residence OB Age Loren C. Bigelow 1101 N. Market Street I 10-99 7 Years Harrisburg, Pa 17103 Alea D. Bigelow 1101 N, Market Street 8 16-03 2 Years Harrisburg, Pa 17103 The children were not born out of wedlock The children are presently in the custody of Debora D. Bigelow, resi ing at YMCA, 1101 North Market Street, Harrisburg, Pa 17103, I During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Debora Bigelow 1101 North Market Street Harrisburg, Pa 17103 David & Debora 538 No. Front Street Bigelow Steelton, Pa David & Debora 530 3rd Street Bigelow W. Fairview, Pa David & Debora 263 W. Market Street Bigelow Middletown, Pa David & Debora 530 3rd Street Bigelow W, Fairview, Pa David & Debora 304 E. Laura Ave. Bigelow Quinlan, Tx Dates 5/10106-present 10/05 to 5/10/06 06104 to 10105 09/02 to 06/04 06/02 to 09/02 11/99 to 06/02 4. The mother ofthe child is Debora D, Bigelow, residing YMC ,1101 North Market Street, Harrisburg, Pa 17103, She is married. The father or the child is David L. Bigelow, residing at 538 N rth Front Street, Steelton, Dauphin County, Pennsylvania 17113, He is married. 5. The relationship of plaintiff to the child is that or Father. The plaintiff currently resides with the following persons, Name Himself Relations ip 6. The relationship of defendant to the child is that of Mother. The defendant currently resides with the following persons. Name Loren C. Bigelow Alea D. Bigelow Relationshi Son Daught r 7. Plaintiff has not participated as a party or witness, or in anot r capacity, in other litigation concerning the custody of the children in this or an ther court. Plaintiff has no information of a custody proceeding concerni g the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the procee ngs who has physical custody of the children and claims to have custody or visitati n rights with respect to the child. 8. The best interest and permanent welfare of the children will b served by granting the relief request because: Plaintiff has undertaken and performed the primary parental r sponsibilities for the children. Plaintiff is best able to provide the care and nurture which the children needs for a healthy development. A Court Order of custody and structured visitation is desired that the Plaintiff and the child may plan their schedules accordingly, and so that misun erstandings and unmet expectations regarding custody and visitation can be avoided, d also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has b en established, and the continued stability of the household is in the best interest of th children. Defendant's erratic and abusive behavior poses a threat of h to the children, WHEREFORE, Plaintiff requests this Court grant Plaintiffp imary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER & WH RE 0198 Date: ~hfJ/o~ { I . ' David L. Bigelow, Plaintiff IN THE COURT OF OMMON PLEAS OF CUMBERLAND CO TY, PENNSYLVANIA Debora D, Bigelow, Defendant CIVIL ACTIO No, IN CUSTODY -LAW CIVIL v, VERIFICATION I verify that the statements malic in this Complaint are true d correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.. 4904 relating to unsworn falsification to authorities, ----------r David L. Bigelow, Plaintiff : IN THE COURT OF OMMON PLEAS OF : CUMBERLAND CO TY, PENNSYLVANIA v. Debora D. Bigelow, Defendant CIVIL ACTIO - LAW No. CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Plaintiff do hereby ertify that I this day mailed a copy of the within Custody Complaint upon the following by depo iting same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as ollows: Debora Bigelow YMCA 1101 North Market Street, Harrisburg, Pa 17103, Date: ) P 1()(, ~~ ~ ~ ~ ~ 8 II' -4- -v ~ t fC -t b +=- t-- ---. o ,,' ......1.t., '''~~. . ~ <- :t,-<1 c;': p1 r: :;:.;::: -otn I -'1',' ~ (j,~':.\ .:r~~\ :: '~;t~~ <-:? ~ r>) ~ cP r-> ~:;;J- t-c..? 0'" ~ - , DA VID L. BIGELOW PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-3141 CIVIL ACTION LAW DEBORA D. BIGELOW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, June 05, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Thursday, July 06, 2006 at 10:30 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. 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 hearinl!;. FOR THE COURT. By: Isl Melissa P. Gree Es 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 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 170 I 3 Telephone (717) 249-3166 (~~~cJV'~~~ ~ fp$- ~ ~ 1r??'? _~ ~ ~~~)t., ?r?'?? ~~ ~~tl-PP ?f?f.f I 0 :8 !cld 9- Nnr 90Dl AtJ'illCi'J01U_Odd 3Hl :10 30l:!:iO-03li;J David L. Bigelow, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Debora D. Bigelow, Defendant CIVIL ACTION - LA W No. 06-3141 CIVIL IN CUSTODY PETITION TO TRANSFER CUSTODY COMPLAINT AND FILING FEE TO DAUPHIN COUNTY And now comes Plaintiff, David L. Bigelow, by and through his attorney, Leslie A. Tomeo, Esquire, and requests a transfer of the Petition for Custody to Dauphin County. 1. The Complaint for Custody was inadvertently filed on June 1, 2006 in Cumberland County (attached as Exhibit "A") and should have been filed in Dauphin County because the children live with the mother who resides in Harrisburg, Dauphin County, Pennsylvania. 2. On June 1, 2006 a filing fee of $111.50 (copy attached as Exhibit "B") was forwarded at the same time. 3. Petitioner respectfully requests that the filing fee be transferred to Dauphin County, along with the Custody Complaint. WHEREFORE, Plaintiff requests this Court to grant the transfer of the Custody Complaint and filing fee from Cumberland County to Dauphin County. Respectfully submitted, ROMINGER & WHARE Date: June 12,2006 Le ie A. Tome, Esquire 155 South Han ver Street Carlisle, PAl 70 13 (717) 241-6070 Supreme Court ID # 200198 Attorney for Plaintiff David L. Bigelow, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Debora D. Bigelow, Defendant CIVIL ACTION - LAW No. 06-3141 CIVIL IN CUSTODY ATTORNEY VERIFICATION Leslie A. Tomeo, Esquire, states that she is the attorney for Plaintiff, David L. Bigelow, in this action; that she makes this affidavit as attorney because she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: June 12,2006 David L. Bigelow, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. Debora D. Bigelow, Defendant CIVIL ACTION - LA W No. 06-3141 CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Plaintiff, David L. Bigelow, do hereby certify that I this day served a copy of the Petition to Transfer Custody Complaint and Filing Fee to Dauphin County upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Debora D. Bigelow YMCA 11 0 1 North Market Street Steelton, PA 17113 Date: June 12,2006 L ie A. Tomeo Esquire 155 South Hano' er Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Plaintiff L_ ----...... David L. Bigelow, Plaintiff IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. Debora D. Bigelow, Defendant CIVIL ACTION - LAW No. ~- 3,14/ CIVIL IN CUSTODY ORDER OF COURT AND NOW, ,2006, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , 2006, at o'clock, _.m., for a Pre-Hearing Custod) 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. 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. FOR THE COURT: By: Custody Conciliator 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 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 LA WYER 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 Association 32 South Bedford Street Carlisle, P A 17013 Phone: (717) 249-3166 (800) 990-9108 Exhibit "A" David L. Bigelow, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ,....., Debora D. Bigelow, Defendant CIVIL ACTION - LAW No. CIVIL IN CUSTODY f-" (~~ ':~.f'" (.-~- c:.:: COMPLAINT FOR CUSTODY 1. ..- The plaintiff is David L. Bigelow, residing at 538 North Front Street, Steelton, Qaup~~ County, Pennsylvania 17113. 2. The defendant is Debora D. Bigelow, residing at YMCA, 1101 North Market Street, Harrisburg, Pa 17103. 3. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Loren C. Bigelow 1101 N. Market Street 1-10-99 7 Years Harrisburg, Pa 17103 Alea D. Bigelow 1101 N. Market Street 8-16-03 2 Years Harrisburg, Pa 17103 The children were not born out of wedlock The children are presently in the custody of Debora D. Bigelow, residing at YMCA, 1101 North Market Street, Harrisburg, Pa 17103. C) ,." ::::J ~,.:"'... --rl- (--i'1C i.~~J , , \.,..:.J During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Debora Bigelow 110 1 North Market Street Harrisburg, Pa 17103 David & Debora 538 No. Front Street Bigelow Steelton, Pa David & Debora 530 3rd Street Bigelow W. Fairview, Pa David & Debora 263 W. Market Street Bigelow Middletown, Pa David & Debora 530 3rd Street Bigelow W. Fairview, Pa David & Debora 304 E. Laura Ave. Bigelow Quinlan, Tx Dates 5/10/06-present 10/05 to 5/1 0/06 06/04 to 10/05 09/02 to 06/04 06/02 to 09/02 11/99 to 06/02 4. The mother of the child is Debora D. Bigelow, residing YMCA, 1101 North Market Street, Harrisburg, Pa 17103. She is married. The father of the child is David L. Bigelow, residing at 538 North Front Street, Steelton, Dauphin County, Pennsylvania 17113. He is married. 5. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the following persons. Name Himself Relationship 6. The relationship of defendant to the child is that of Mother. The defendant currently resides with the following persons. Name Loren C. Bigelow Alea D. Bigelow Relationship Son Daughter 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proc~edings who has physical custody of the children and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the children will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children needs for a healthy development. 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. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the children. Defendant's erratic and abusive behavior poses a threat of harm to the children. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER & WHARE Date: ~ ho lOb ( I Leslie A. To eo, Esquire 155 South anover Street Carlisle, PAl 70 13 (717) 241-6010 Supreme Court I.D. # 200198 Attorney for Plaintiff David L. Bigelow, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Debora D. Bigelow, Defendant CIVIL ACTION - LA W No. CIVIL IN CUSTODY VERIFICATION I verify that the statements madi.: in this Compl(l.int 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. r7")J d 8 .~ David L. Bigelow, Plai~ff David L. Bigelow, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Debora D. Bigelow, Defendant CIVIL ACTION - LAW No. CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for-Plaintiff do hereby certify that I this day mailed a copy of the within Custody Complaint upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Debora Bigelow YMCA 1101 North Market Street, Harrisburg, Pa 17103. Date: )P1at, L ie A. To 155 South H Carlisle, PAl 70 13 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Plaintiff ~--- RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Rece~pt Date Rece+pt Time Recelpt No. 6/01/2006 15:34:12 178640 BIGELOW DAVID L (VS) BIGELOW DEBORA D Case Number 2006-03141 Received of PD ROMINGER AND WHARE 1M Total Non-Cash..... + Total Cash......... + Change. . . . . . . . . . . .. - Receipt total...... = 112.00 .00 .00 112.00 Check# ++++++ ________________________ Distribution Of Payment ---------------------------- Transaction Description Payment Amount CUSTODY AGMT TAX ON AGMT SETTLEMENT AUTOMATION FEE JCP FEE CUSTODY FEE CUSTODY FEE-CO 85.00 .50 5.00 5.00 10.00 5.20 1. 30 CUMBERLAND CO GENERAL FUND BUREAU OF REC&IPTS AND CONTROL CUMBERLAND CO GENERAL FUND CUMBERLAND CO AUTOMATION FUND BUREAU OF RECEIPTS AND CONTROL ADMINISTRATIVE OFFICE OF PA CT CUMBERLAND CO GENERAL FUND 112.00 Exhibit "B" c.._ N ~ (, ,~; ") .-::J G) .-< David L. Bigelow, Plaintiff ~ 51 I i JUN 1 3 2006 i : IN THE COURT OF COMMON ...,..Y'..,J : CUMBERLAND COUNTY, PENNSYLVANIA .. . , v. Debora D. Bigelow, Defendant CIVIL ACTION - LAW No. 06-3141 CIVIL IN CUSTODY ORDER OF COURT AND NOW, this Jk.- day of ~ ~ ' 2006, the Plaintiff's Petition to Transfer Custody Complaint and Filing Fee to Dauphin County is hereby GRANTED. By the Court: J. cc: Leslie A. Tomeo, Esquire ~. Debora Bigelow / ~/-eJ- (,-((P-o(, ~ - \-i:i",j\,I/Cl\ i,:~"\j~J:Jr-i ! 'r"~:(V: ...... -':.~..^'n'"' i\.L \i ,"1'-_"'~ IJ II S :6 !{V 91 Nnr 900l 'lr.ljn,\"U"'_I'.,',-.:..1 ::Ji" ..10 ^O~_\.,I' \ ......,,,,,J ~ \.L ...l -......11,1"..1 ril-nl:l ::'JI,,)C,I,"'\,'-\,.:J 1 q::CEIYED JU~ 2 8 "i'r~ <( DAVID L. BIGELOW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3141 CIVIL TERM CIVIL ACTION - LAW v. DEBORA D. BIGELOW, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION l.f:ju ./ AND NOW, thi 10:- day of \ 1/)4f) ./ , 2006, as the Plaintiff has requested a - transfer of venue to Dauphin County Court of Common Pleas, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. The Custody Conciliation Conference scheduled for July 6,2006 at 10:30 a.m. is CANCELLED. Melissa Peel Greevy, Esquire Custody Conciliator :278234 Dis!: ~~ A. Tomeo, Esquire, 155 S. Hanover Street, Carlisle, PA 17013 vY"bora Bigelow, YMCA, 1101 N. Market Street Harrisburg, PA 17103 ~\j) ,~ 0\3 \,,';, )\_11' ,I' ''',1" I Z : II !I'J 6;; ,'!:"W 9GGZ