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HomeMy WebLinkAbout06-3834 ERIN RICHARDSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO.OI.-~.JY CIVIL TERM ANTHONY RICHARDSON, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Erin Richardson, who currendy resides at 256 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Anthony Richardson, who currendy resides at 16703 Ledge Falls, San Antonio, Texas 78232. 3. The Plaintiff seeks custody of the following child: a. Spencer Martin Richardson, bom August 5, 1998, who resides at 256 East Garfield Street, Shippensburg, Cumberland County, PA. 4. The child was bom during wedlock. 5. The child is presendy in the custody of the Plaintiff, Erin Richardson, who resides at 256 East Garfield Street, Shippensburg, Cumberland County, P A. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Erin Richardson Address 256 E. Garfield St., Shippensburg, P A 64 Lenwood Park, Shippensburg, P A 3660 Morgan Court, Dumfries, VA Date June 2004 to present Erin Richardson, Sandy and Jack Witter Erin and Anthony Richardson June 2003 to June 2004 Birth to June 2003 7. The mother of the child is Erin Richardson, who resides at 256 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania. 8. The mother of the child, Erin Richardson, is married. 9. The father of the child is Anthony Richardson, who currently resides at 16703 Ledge Falls, San Antonio, Texas 78232. 10. Father of the child, Anthony Richardson, is married. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Plaintiff currently lives with the subject child and her daughter, Whitney. 14. The 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 any other court. There is presently an Original Petition for Divorce filed in Bexar County, Texas, at Cause #2006CI06878, that appears to include a request for custody. 15. Pennsylvania courts have jurisdiction over this matter pursuant to the Uniform Child Custody Jurisdiction Act, 23 Pa.C.S.A. ~ 5341 et seq., in that the subject minor child has resided in the Commonwealth of Pennsylvania since June 2003, with Father's knowledge and consent. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The 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. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. Mother is currently the primary caretaker of the child; while in her custody, she has: 1. Planned and prepared meals; 11. Bathed, groomed and dressed the child; ill. Purchased, cleaned and cared for the child's clothing; IV. Arranged medical care, including trips to physicians, as needed; v. Arranged alternative daycare, as needed; VI. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with Mother. c. Mother is able to provide a stable environment for the child. d. It is important for the child to spend time with both parents; e. Father presently resides in San Antonio, Texas. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that This Honorable Court grant sole legal custody and primary physical custody of the child to Mother with partial physical custody rights granted to Father. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Kara W. Haggerty 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for PlaiiJtiff ID No. 86914 DATE O{; l7.2, t 00 VERIFICATION I, ERIN RICHARDSON, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.c.S. ~ 4904 relating to unsworn falsification to authorities. Date lP CERTIFICATE OF SERVICE AND NOW, this ~ of June, 2006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified and First-class mail, postage prepaid addressed to the following: John T. Fleming, Esquire Law Oflices of John T. Fleming 9430 Research Blvd. Echelon Iv, Suite 400 Austin, TX 78759 Respectfully submitted, ABOM & KUTULAKlS, L.L.P. DATE~ Kara W. Haggertyj 36 South Hanover Carlisle, P A 17013 (717) 249-0900 Attornry for Plaintiff ID No. 86914 1~ ~ ~ , () ~ D '" ~ ~ Ft2 w 0 "I? - I'~, '-~ "-1 ;,':; '"Tl c ~ ~.~ - }~ -:.. --' r:? -' "," C'.) ::.< ERIN RICHARDSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-3834 CIVIL ACTION LAW ANTHONY RICHARDSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 20, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Huhert X. Gilroy, Esq. at 4th Floor. Cumberland County Courthouse, Carlisle on Wednesday, Aueust 09, 2006 , the conciliator, at 9:30 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 hearine. FOR THE COURT. By: Isl Hubert X Gilro 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 17013 Telephone (717) 249-3166 ~ ~oJl. _ ~i.w; 970}"'0( ~>~F' Jr ; /V"":" ~ 1d-K- L ~;I> Y " fit":"'.I;;.f'" ~"JeL 110 :11 !j1! 17. , q,':il,7 .J'~ ~\'; ']:-11 I CEIVED AUG 1 1 Zo06 ">- ERIN RICHARDSON, Plaintiff IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-3834 CIVIL ACTION - LAW ANTHONY RICHARDSON, Defendant IN CUSTODY COURT ORDER AND NOW, this A day of August, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Erin Richardson, shall enjoy legal and physical custody of Spencer Martin Richardson, born August 5, 1998. 2. The Father, Anthony Richardson, shall enjoy periods of visitation with the minor child at such times and under such circumstances as agreed to by the Mother. 3. In the event the Father is unable to work out a satisfactory visitation arrangement through the Mother, Father may petition this Court to have the case again heard before the Custody Conciliator. In the event Father retains legal counsel, legal counsel may contact the Conciliator directly to schedule a telephone conference call between the attorneys for the parties and the Custody Conciliator to address the issue of Father's visitation schedule. BY THE COURT, Judge Cc: Kara W. Haggerty, ESqUire} Mr. Anthony Richardson If -/~ - ()" ~~ J6 IfIN\iA1ASNN3d I 'N(1r"'ii 1'1'. h.r',,:JC;'A'n^ ru.. ; IV'-," ,>"',JIi'-' V 2 I : II WV 91 snv 900Z AWlONOH10od 3Hi :lO 301:l~o-a31I:l ERIN RICHARDSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-3834 CIVIL ACTION - LAW ANTHONY RICHARDSON, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML 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: Spencer Martin Richardson, born August 5, 1998 2. A Conciliation Conference was held on August 9, 2006 with the following individuals in attendance: The Mother, Erin Richardson, with her counsel, Kara W. Haggerty, Esquire The Father did not appear 3. Mother and her counsel indicate that the Father acknowledged that he was aware of the Conciliation Conference. Mother's counsel also indicates that she had communications with Father's attorney in Texas relative to the scheduling of the Conciliation Conference. 4. The history of this case is that Mother has had primary custody of the minor child. She allowed the child to go to Texas for a few weeks this summer. However, the Father was incarcerated in Texas while he had custody of the child, and the Mother had to make emergency arrangements to have the child returned back to Pennsylvania because the child was not properly being cared for in Texas while the Father was incarcerated. 5. Based upon the above, the Conciliator recommends an Order in the form as attached. Date: August I 0 . 2006