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HomeMy WebLinkAbout06-5758 ... CAREN T. MITCHELL, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A O,-5"7~ NO. CIVIL TERM MICHAEL D. MITCHELL, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT 1. Plaintiff is the Mother, Caren T. Mitchell, who currendy resides at 1893 Esther Drive, Cumberland County, Pennsylvania 17013. 2. Defendant is the Father, Michael D. Mitchell, who currendy resides at 55 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. COUNT 1- CUSTODY 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks custody of the following children: Name Address DOB Kendra C. Mitchell 1893 Esther Drive, Carlisle, Pennsylvania 17013 1893 Esther Drive, Carlisle, Pennsylvania 17013 June 28, 1997 Collin M. Mitchell March 31, 2000 6. Kendra and Collin were born in wedlock. 7. The children are in the primary custody of the Plaintiff, residing at 1893 Esther Drive, Cumberland County, Pennsylvania 17013. 8. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Address Date Caren & Michael Mitchell Caren Mitchell Libera~ Kansas 1893 Esther Drive Carlisle, P A 17013 1893 Esther Drive Carlisle, P A 17013 1893 Esther Drive Carlisle, P A 17013 Birth to March 2002 March 2002 to May 2002 Caten & Michael Mitchell May 2002 to November 1, 2004 Caren Mitchell November 1,2004 to Present 9. The mother of the children is Caren T. Mitchell, who currently resides at 1893 Esther Drive, Cumberland County, Pennsylvania 17013. 10. The father of the children is Michael D. Mitchell, who currently resides at 55 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 11. The mother and father of the children are currently married. 12. The relationship of Plaintiff to the children is that of Mother. 13. The relationship of Defendant to the children is that of Father. 14. The Plaintiff currently resides with the following children: a. Kendra and Collin Mitchell. b. Her oldest child, Joshua Edwards, born October 9, 1990. 15. The Defendant currently resides by himself. 16. 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. ,. 17. The Plaintiff has no information of a custody proceeding concermng the child pending in a court of this Commonwealth. 18. The Plaintiff does not know of a person nor 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. 19. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor children since their birth. She has: 1. 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 nightly, attended the children in the middle of the night, and awakened the children in the moming. b. The Mother will be able to ensure for the children's safety and care. c. The Mother will be able to provide a stable home for the children. d. The children have a psychological bond with the Mother. e. The Mother can provide for the children both financially and emotionally. f. The Mother can provide the children with the basic day to day necessities. 20. It is believed and therefore averred that Father and daughter Kendra are having difficulty getting along, so much so that this is causing extreme emotional distress in Kendra's life. a. The Mother will continue to maintain and encourage counseling for the daughter Kendra. 21. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that This Honorable Court grant primary physical of the children to the Plaintiff/Mother with partial physical custody rights to the Defendant/Father only at such times as agreed to by the Plaintiff/Mother. Respectfully submitted, DATE MOM & KUTULAKIS, L.L.P. ~Q~, ~l Michelle L. Sommer./ Supreme Court ID No. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attornry fOr Plaintiff VERIFICATION I, CAREN T. MITCHELL, 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 q-dg- ()& /J~~ -4-~ 'CAREN T. MITCHEll CERTIFICATE OF SERVICE AND NOW, this ~day of September, 2006, I, Michelle L. Sommer, 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 mail and First-class mail, postage prepaid addressed to the following: Leslie Tomeo, Esquire Rominger & Whare 155 South Hanover Street Carlisle, Pennsylvania 17013 Attorney for the Defendant Respectfully submitted, MOM & KUTULAKIS, L.L.P. ~cf_~ Michelle L. Somm&, Esquire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ~ '\\": - ~ vJ E;- ~ -L.. ~~ ~- ~ <j6 ~ 0- ~ }- ? ~ I~ +~ f. I:> -~ s:> . 4.- o ,-, C) ~.~ .... " r-,) C~::l C".' ~-...J~ Ci C --J --; I N --J ,~ .,., --I ~.r:: 11 r 11-.... ;~'. C-7 (" i~ _J.,.) .< CAREN T, MITCHELL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 06-5758 CIVIL ACTION LAW MICHAEL D, MITCHELL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 05, 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, Cumberland County Courthouse, Carlisle on Thursday, October 26, 2006 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort wilJ 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: Is/ 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) 249-3l66 _ ~ ~_pL -: ~ ~ ;Ill-j- r?/ ~ I/P ~ ~ ~#, 'It?-~Ol ~ ~ $ ~ Mv -r; -:V-h;1 "~~/'H1J 88:C ['ld 6-1'10' (1niil _,-" )Uu At!' !Vl(y.I..., I ." 1 _",;'J\,);"t \","'''1.) :Jul' ..Jr, if"\i , !;.... \-;'~ ...Ii 1 .....lJ :J './1:::' l,}"-Ojld OCT 3 I 2006 ~ .-. CAREN T. MITCHELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v NO. 06-5758 CIVIL ACTION - LAW MICHAEL D. MITCHELL, Defendant IN CUSTODY COURT ORDER AND NOW, this ~rJ day of lJov ,2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Caren T. Mitchell, and the Father, Michael D. Mitchell, shall enjoy shared legal custody of Kendra C. Mitchell, born June 28, 1997 and Collin M. Mitchell, born March 31, 2000. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children at such times as agreed upon between the parties. The parties shall continue with the existing liberal periods of temporary custody the Father is enjoying with the children subject, however, to the current concerns with Kendra relative to her having only a few hours with the Father. It is anticipated that Kendra's issues will be resolved through counseling or othenvise, and the parties shall proceed with a potential expansion of Father's periods of temporary custody with the children to ultimately include an alternating weekend schedule. BY THE COURT, Judge cc: Michelle L. Sommer, Esquire \ 1("" 7~' 6 (, Mr. Thomas C. Delp I C'~ , ~ ~5 suaz - . CAREN T. MITCHELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v NO. 06-5758 CIVIL ACTION - LAW MICHAEL D. MITCHELL, Defendant 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: Kendra C. Mitchell, born June 8,1997 Collin M. Mitchell, born March 31, 2000 2. A Conciliation Conference was held on October 26, 2006, with the following individuals in attendance: The Mother, Caren T. Mitchell, with her counsel, Michelle L. Sommer, Esquire The Father, Michael D. Mitchell, who appeared without counsel 3. The parties agreed to the entry of an Order in the form as attached. Date: October -; 0 , 2006 r . HE PRO fHO 8i ; 20R4 JU _3 N 9: CUMBERLAND COUNTY PENNSYLVANIA CAREN T. MITCHELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL D. MITCHELL, Defendant : Civil Action- Law : No. 06=5758 Civil • IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Caren T. Mitchell, by and through her counsel, Michael J. Whare, Esquire and avers as follows: 1. The Petitioner, Caren T. Mitchell, is an adult individual residing at 832 West North Street, Carlisle, Pennsylvania 17013 and is the mother of the minor children, Kendra C. Mitchell, born June 28, 1997 and Collin M. Mitchell, born March 31., 2000. 2. The Respondent, Michael D. Mitchell, is an adult individual residing at 135 E. Street, Carlisle, Pennsylvania 17013 and is the father of Kendra Mitchell and Collin Mitchell. 3. On November 3, 2006 the Honorable Judge J. Wesley Oler, Jr., entered a Custody Order in 483.00 e#- //56 4f. 3 06 7. regards to this matter. (Attached as Exhibit "A") 4. Under the current custody order, Petitioner has primary physical custody of the minor children subject to Respondent's periods of partial physical custody. 5. Respondent's periods of partial physical with the children was to be arranged by agreement of the parties with the understanding that Respondent's custody would ultimately include alternating weekends. 6. Respondent is currently under investigation for abuse concerning Kendra. 7. Collin Mitchell has indicated to Petitioner that he does not wish to see his father at this time due to the abuse allegations. Also, petitioner believes that Respondent's drinking is another reason for Collin's reluctance to visit with his father. 8. Petitioner is respectfully requesting that father's periods of temporary custody be suspended until the abuse investigation is completed and father has a drug and alcohol evaluation and follow any treatment recommendations from that evaluation. 9. The best interests and permanent welfare of the child would be served by the Court modifying the Order as requested by the Petitioner. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant her petition to modify custody. Date: -J'14/ Respectfully submitted, Michael J. WhWI—JaLikA ,squire 37 East Pomfret Street Carlisle, PA 17013 717-243-3561 Supreme Ct. Id No. 89028 Attorney for Petitioner CAREN T. MITCHELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL D. MITCHELL, Defendant : Civil Action- Law : No. 06-5758 Civil : IN CUSTODY VERIFICATION I verify that the statements made in this Petition 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. Date:.��� Ge dela, Caren Mitchell, etitioner ' CSN T. MITCHELL, Plaintiff I1dICHAEL D. MITCBm, Defendant : IN THE COURT : CUMBERLAND : NO. 06-8758 CIVIL ACTION - LAW : IN CUSTODY IAA iii z OF COMMON COUNTY, PENNSYLf1` COURTURDER AND NOW, this _r1 -day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1.. The Mother, Caren T. Mitchell, and the Father, Ached D. Mitchell, shall enjoy shared legal custody of Kendra C. Mitchell, born June 28, 1997 and Collin M. Mitchell, born March 31, 2000. • _.2.. The Mether-hall enjoy ., .. �:.....::.. -.. f y p�nary physical custod�of't�i�"�i�br e��lt�l�en. 3. The Father shall enjoy periods of temporary physical custody of the minor children st such times as agreed upon between the parties. The parties shall continue with the existing liberal ,periods of temporary custody the Father is enjoying with the children subject, however, to the current concerns with Kendra relative to her having only a few hours with the Father. It is anticipated that Kendra's issue's will be resolved through counseling or otherwise, and the parties shall proceed with a potential expansion of Father's periods of temporary custody with the children to ultimately ,include an alternating weekend schedule. MAI Conry Of sage FROM RECORD tow+ Carp: pa alte cc: Michelle L. Simmer, Esquire Mr. Thomas C Delp AUG -31-2007 02:58PM From: BY THE COURT, Judge ID:CRMC XRAY Page:001 R=100% CAREN T. MITCHELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL D. MITCHELL, Defendant : Civil Action- Law • : No. 06-5758 Civil : IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Caren Mitchell, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or plead no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges col cr - .- ❑ 18 Pa.C.S. Ch. 25 0 0-a .-t..73 ‘,....... 't-ci :: : rn rn c:::: , ,, (relating to criminal Z Z. w homicide) c u C) 0 18 Pa.C.S. §2702 0 0 z (relating to aggravated assault) O 18 Pa.C.S. §2706 0 (relating to terroristic threats) O 18 Pa.C.S. §2709.1 0 (relating to stalking) O 18 Pa.C.S. §2901 (relating to kidnapping) O 18 Pa.C.S. §2902 0 1111 (relating to unlawful restraint) O 18 Pa.C.S. §2903 (relating to false imprisonment) O 18 Pa.C.S. §2910 0 (relating to luring a child into a motor vehicle or structure) O 18 Pa.C.S. §3121 (relating to rape) • 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) • 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) O 18 Pa.C.S. §3124.1 (relating to sexual assault) O 18 Pa.C.S. §3125 0 0 (relating to aggravated indecent assault) O 18 Pa.C.S. §3126 0 (relating to indecent assault) O 18 Pa.C.S. §3127 (relating to indecent exposure) El 18 Pa.C.S. §3129 0 (relating to sexual intercourse with animal) O 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) O 18 Pa.C.S. §3301 0 (relating to arson and related offenses) O 18 Pa.C.S. §4302 (relating to incest) O 18 Pa.C.S. §4303 0 0 (relating to concealing death of child) O 18 Pa.C.S. §4304 0 (relating to endangering welfare of children) O 18 Pa.C.S. §4305 (relating to dealing in infant children) O 18 Pa.C.S. §5902(b) 0 0 (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or ❑ ❑ (d) (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. § 6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other all that household apply member ❑ A finding of abuse by a Children & Youth ❑ 0 Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction O 0 0 Other: 0 0 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: Date 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: ae,/ 1/237' **tit 25 ae -,%•;s 7 >iz %'2J C i)/ Se, I verify that the information above is true and correct to the best of my knowledge, information or 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. Printed Name CAREN T. MITCHELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. MICHAEL D. MITCHELL DEFENDANT CUMBERLAND COUNTY, PENNSYLVANIA 2006-5758 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 05, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor , Cumberland County Courthouse, Carlisle on Friday, July 11, 2014 8:30 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. 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 hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. • By: /s/ Hubert X. Gilroy, Esq. 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 HAVE 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 (7.17) 249-3166 C.) rnw r -'= z'n C r'?-_ Z7 f -- i • Fc-7• 7-1-L"--rscr.- --f r,0-- 1 CAREN T. MITCHELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v MICHAEL D. MITCHELL, Defendant : 2006-5758 CIVIL ACTION - LAW m (313 : IN CUSTODY n i COURT ORDER -173 r» AND NOW, this 1 C. day of July, 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order ofNovember 3, 2006, shall remain in place subject to the following modifications: 1. The parties shall make arrangements for the Father to enter into counseling with a counselor and the parties' son, Collin. The purpose of the counseling is to work out any issues Collin may have with his Father with the intended result to be the parties have an arrangement where Collin is able and desirous of going to visit his Father. The parties are directed to determine if some of their insurance may cover the counseling. Cost of counseling for the minor child that is not covered by insurance shall be split equally between the parties. Any counseling costs involving the Father that is not covered by insurance shall be paid for by the Father. 2. It is understood that the minor child Kendra is currently not visiting with her Father, and the parties will attempt to address that issue at some point in the future. However, at this time there is no directive for Kendra to go to visit her Father. 3. At any point in the future, either party may again petition the Court to have the case again scheduled with the Custody Conciliator for a conference. fei No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate must comply with 23 Pa.C.S. §5337. cc: *chael J. Whare, Esquire Mr. Michael D. Mitchell eap. Vit..4/1 By the Court, CAREN T. MITCHELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2006-5758 CIVIL ACTION - LAW MICHAEL D. MITCHELL, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable J. Wesley, Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: (U Kendra C. Mitchell, born June 28, 1997 Collin M. Mitchell, born March 31, 2000 2. A Conciliation Conference was held on July 11, 2014, with the following individuals in attendance: The mother, Caren T. Mitchell, with her counsel Michael J. Whare, Esquire, and the father, Michael D. Mitchell, who appeared without counsel. 3. The parties agreed to the entry of an Order in the form as attached. Date: July / (( , 2014 Hubert X. Gilro . Esquire Custody Conc ator