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Home My WebLink About06-4657 LAURA McELFRESH, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO, OCr !./fpS-1 c..-l..l,1 -rUl'" MICHAEL McELFRESH, Defendant CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Laura McElfresh, who currently resides at 185 Pine School Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The Defendant is Michael McElfresh, who currently resides at 24 Marsh Drive, Carlisle, Cumberland County, Pennsylvania. 3, The Plaintiff seeks custody of the following children: Name Address 00>>. Robert McElfresh 24 Marsh Drive Carlisle, P A 17013 09/29/1989 Mikaela McElfresh 24 Marsh Drive Carlisle, P A 17013 09/05/1992 4, The children were bom during wedlock. 5, The children are presently in the primary custody of Michael McElfresh, 24 Marsh Drive, Carlisle, Cumberland County, Pennsylvania. 6, During the children's lifetime, they have resided with the following persons and at the following addresses: ~ Michael McElfresh Address nm: 24 Marsh Drive, Carlisle, July 2006 to Present PA Laura McElfresh 185 Pine School Road, April 2006 to July 2006 Gardners, P A 185 Pine School Road, September 2003 to April 2006 Gardners, P A 181 Frost Road, Gardners, 1996 to September 2003 PA Laura and Michael McElfresh Laura and Michael McElfresh 7. The mother of the children is Laura McElfresh, who currently resides at 185 Pine School Road, Gardners, Cumberland County, Pennsylvania. 8. The father of the child is Michael McElfresh, who currently resides at 24 Maxsh Drive, Carlisle, Cumberland County, Pennsylvania. 9, The mother of the children is currently married, but separated, from Michael McElfresh, 10. The father of the children is currently married, but separated, from Laura McElfresh, 11. The relationship of Plaintiff to the children is that of Mother. 12, The relationship of Defendant to the children is that of Father. 13. The 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 any other court. 14. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, 15. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16, The best interest and permanent wdfare of the children will be served by granting the relief requested for reasons including the following: a, The Mother has been a primary caregiver of the minor children since their birth. She has: i, Planned and prepared meals; 11, Bathed, groomed and dressed the children; 111. Purchased, cleaned and cared for the children's clothing; iv, Arranged medical care, including trips to physicians; v. Arranged alternative daycare; VI. Put the children to bed nighdy, attended the children in the middle of the night, and awakened the children in the morning. b, The children have a psychological bond with the Mother. c. Mother is able to provide a stable environment for the children. d, Father has retained custody of the children, and has refused to allow Mother any contact with the children. e, Father has thwarted Mother's relationship with the children by encouraging the children to disobey and disrespect their Mother, f, Father has encouraged and assisted the children in moving out of their stable home environment to reside with him in a temporary residence, g, Mother will continue to foster a relationship between the children and their Father, h. Father has not fostered a relationship between the children and their Mother. 1. Father has specifically told Mother that she has no rights to the children, J, Father has refused to allow Mother to participate in any decision-making regarding the children, 17. Each parent whose parental rights to the children have not been tenninated has been named as parties to this action, WHEREFORE, the Plaintiff requests that This Honorable Court grant primary physical custody of the children to the Plaintiff/Mother. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. DATE~ Kara W. Haggerty ID No, 86914 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attornry for Plaintiff VERIFICATION I, Laura McElfresh, 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.CoS, ~ 4904 relating to unsworn falsification to authorities. Date: "7 / (() I (;(p r ~ tJ1c~ ft'a a McElfresh CERTIFICATE OF SERVICE AND NOW, this ~ of August, 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, First-class mail, postage prepaid addressed to the following: John Maogan, Esquire 35 East High Street Carlisle, PA 17013 Respectfully submitted, AaOM 8& KUTlJLAKlS, L.L.P. ~7.RI{). Kara W, Haggerty ID No. 86914 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attornry for Plaintiff ~ R .e 8 ~ ~ 't- -- L.,S: ~ ~ ..... tI1 F~; ".. ~~ - ~ ...:;::.""',: ~ z;.:< ~ crJ :C!. - aI! I:::> -<' -om ~;::. C:.J .::- ?g? - <:> ~$. ~ ..c.. 2:C; ".. :;=19- VI "" c-c :z:: (5:d .l> c' - i5~ ....... ~ ;;;:: - =< C) ~ ""~ -.J ~ ~ i> 1- /I;. &- f ~ .Il LAURA MCELFRESH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-4657 CIVIL ACTION LAW MICHAEL MCELFRESH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, August 21, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X, Gilroy, Esq. at 4th Floor, Cnmberland County Courthouse, Carlisle on Friday, September 22, 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 detine and narrow the issues to be heard by the court, and to enter into a temporary order. All children age tive or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or penn anent 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 hearing, FOR THE COURT, By: Isl Hubert X. Gilroy, Esq, Custody Conciliator ;lfL- 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 Ollr 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 A TTORNEY 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 Bedt()rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , ~ ~-JI. --: ~ 4; 1~-1'f1 ~~~$?W P ~ ~ ~14 /):/'/'f; r;~jt i!? ~ 4; --r; "}(/-;-" ''''irM/\.,,0'1''-' > V i\\, ,It\..)i\f''f-lf4 AlNnrn n ..r,u;;;"i"'n" .. '. """'1 >J 90 :2 lid 1- dJS 900l AtililC,~\)H.LOdc! 3Hl .'0 :11"\' I v'" C1 ;J. _,\.-)!:"):::,tr,,-,31H LAURA MCELFRESH, Plaintiff SEP 2 6 2006 fYJi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA j , v CIVIL ACTION - LAW MICHAEL MCELFRESH, Defendant NO. 06-4657 IN CUSTODY COURT ORDER '\\ AND NOW, this 1. ~ day of September, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Laura McElfresh, and the Father, Michael McElfresh, shall enjoy shared legal custody of Robert W. McElfresh, born September 29, 1989, and Mikaela L. McElfresh, born September 5, 1992. 2. The Father shall enjoy primary physical custody of the minor children. 3. The Mother shall enjoy periods of temporary physical custody of the minor children pursuant to a schedule arranged between the parties. At a minimum, Mikaela shall visit with the Mother once a week on Saturday or Sunday for approximately five or six hours. 4. Both parents shall facilitate the children becoming involved in family counseling with the Mother to address the issues the children may have relative to visiting with the Mother. The children are ordered to participate in this counseling session, and both parents are ordered to cooperate in the counseling at the direction of the counselor. The counselor shall be agreed upon by legal counsel for the parties. Absent an agreement, the attorneys for the parties may contact the Conciliator to reconcile any disagreement on that issue. Costs of this counseling, after any appropriate payment through insurance for the parties, shall be split equally between the parties. 5. The Conciliator shall conduct a telephone conference call with the attorneys for the parties on Friday, November 3, 2006 at 8:00 a.m. The purpose of that call shall be to simply to monitor the situation to ensure that the counseling set forth above is proceeding and to address any other issues. BY THE COURT, '\-tU-\\ Judge cc: ~helle Sommer, Esquire ~hn J. Mangan, III, Esquire ~ ZZ :8 !N r- lJO %DZ /' 1\'1'(" 'e" 1 ,"'" / "'!J; ::10' I\b'lv!\vL':',i:':':':" :::;;ru. ' :KY::bO-(J:J71.:f LAURA MCELFRESH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW MICHAEL MCELFRESH, Defendant NO. 06-4657 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 children who are the subject of this litigation is as follows: Robert W. McElfresh, born September 29, 1989 Mikaela L. McElfresh, born September 5, 1992 2. A Conciliation Conference was held on September 22, 2006, with the following individuals in attendance: The Mother, Laura McElfresh, with her counsel, Michelle L. Sommer, Esquire The Father, Michael McElfresh, with his counsel, John Mangan, Esquire 3. The parties agreed to the entry of an Order in the form as attached. September ;2 S-- , 2006 a Hubert X. Gilroy, squire Custody Concilia or