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HomeMy WebLinkAbout06-7103r -. MICHAEL D. CEASE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 7103 CIVIL TERM JOANNA MCELROY, CIVIL ACTION-LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Michael D. Cease, an adult individual, residing at 568 East Old York Road, Boiling Springs, Cumberland County, Pennsylvania, 17007-9743. 2. Defendant is Joanna McElroy, an adult individual, residing at 1 Dandelion Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007-9728. 3. Plaintiff seeks primary custody of the following child: Name Present Residence Date of Birth Michael J. Cease 568 Old York Road June 4, 1996 Boiling Springs, PA 17007-9743 1 Dandelion Drive Boiling Springs, PA 17007-9728 The child was born in wedlock. The child is presently in the shared custody both parties. During the past five years, the child has resided with the following persons and at the following addresses: Name Address Date Michael J. Cease 568 Old York Road March 19, 2003 to Boiling Springs, PA 17007-9743 Present Joanna McElroy 1 Dandelion Drive October 5, 2004 to Boiling Springs, PA 17007-9728 Present .L -- II Joanna McElroy Forge Road April 10, 2003 to Boiling Springs, PA June 25, 2004 Joanna McElroy 10 Cloverleaf Court January, 2002 to Naperville, IL March 19, 2003 Joanna McElroy Kingston, PA June, 1999 to January, 2002 The mother of the child is Joanna McElroy who resides 1 Dandelion Drive, Boiling Springs, Pennsylvania 17007-9728. She is married to Darren McElroy. The father of the child is Michael D. Cease, currently residing at 568 East Old York Road, Boiling Springs, Pennsylvania 17007-9743. He is married to Jennifer Cease. 4. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Name Relationship Jennifer M. Cease Wife Michael J. Cease Son Ashley J. Cease Daughter Thomas P. Cease Son 5. The relationship of Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Name Relationship Darren McElroy Husband Michael J. Cease Son 6. 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 another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 7. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Schdf6r, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas\DomeSVIc\Cease\custody.com p Id VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. DATE: / 2/ 7'/;10b G Michael D. Cease w ? ?1 r^1r^ G 00 1-4 V f A MICHAEL D. CEASE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOANNA MCELROY DEFENDANT 06-7103 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, December 18, 2006 , 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, January 12, 2007 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 hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. 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 (717) 249-3166 LN4 iCv 1 0 ;C, I!!d G 9 3-70 903, Z to/ Swf?l i :-!Hi ?o SHERIFF'S RETURN - REGULAR CASE NO: 2006-07103 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CEASE MICHAEL D VS MCELROY JOANNA RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon MCELROY JOANNA the DEFENDANT at 1025:00 HOURS, on the 20th day of December , 2006 at 1106 WALNUT BOTTOM ROAD CARLISLE, PA 17013-9728 by handing to JOANNA MCELROY a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 Postage .39 Surcharge 10.00 R. Thomas Kline .00 / 32.79 12/20/2006 OBRIEN BARIC C E Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. •.r. ..iw OCT 0 1 200 MICHAEL D. CEASE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW JOANNA MCELROY, : NO. 2006-7103 Defendant : IN CUSTODY COURT ORDER AND NOW this ;0day of October 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Michael D. Cease, and the mother, Joanna McElroy, shall enjoy shared legal custody of Michael J. Cease, born June 4, 1996. 2. The parties shall also enjoy shared physical custody of the minor child. Absent an agreement by the parties to some other schedule, the physical custody schedule shall be as follows: a. The parties shall alternate custody on weekends from Friday after school until Monday morning with the custodial parent picking the child up at school on Friday and then delivering the child to school on Monday morning. b. For the remainder of the week, mother shall have custody on Monday and Tuesday of each week and father shall have custody on Wednesday and Thursday of each week. 3. For the hollidays, the custody schedule shall be as follows: a. The Christmas Holiday shall be divided in two sections, segment `A' being from Christmas Eve from at noon until Christmas Day at noon and segment `B' from Christmas Day at noon until December 26 at noon. The parties shall alternate this schedule with the father having segment `A' in 2007 and mother having segment `B'. b. For the Easter Holiday, the holiday shall be divided into two segments from Saturday at noon until Easter Sunday at noon and Easter Sunday at noon until Monday at noon (where allowed subject to the school schedule). The parties shall alternate this holiday with mother having the first portion of the Easter Holiday in 2008 and father having the second portion. C. The parties shall alternate the Thanksgiving Holiday from 9:00 a.m. until 6:00 p.m. unless agreed otherwise between the parties. The mother shall have the Thanksgiving Holiday in 2007. 1 4. The parties shall also be entitled to exercise two consecutive weeks of vacation with the minor child during the summer. The parties shall work with each other well in advance of the summer months to verify their vacation times. 5. It is noted that father is home during the day on weekdays and otherwise. On those times when mother has custody and she is not available to take care of the minor child because of work or otherwise, father shall have custody of the child during those times. 6. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. The parties may modify this Order in any manner that they agree upon. In the event either party desires to modify this Order and is unable to reach an agreement with the other party, either party may petition this Court to have the case again scheduled with the Custody Conciliator for a Conference. Judge cc: Xjchael A. Scherer, Esquire Aelissa P. Greevy, Esquire 71 :G ?, MICHAEL D. CEASE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JOANNA MCELROY, : NO. 2006-7103 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 child who is the subject of this litigation is as follows: Michael J. Cease, born June 4, 1996. 2. A Conciliation Conference was held on September 28, 2007, with the following individuals in attendance: The father, Michael D. Cease, with his counsel, Michael A. Scherer, Esquire, and the mother, Joanna McElroy, with her counsel, Melissa P. Greevy, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: (?;? )0,6 Hubert X. Gilroy, E uire Custody Concilia r Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MICHAEL D. CEASE, Plaintiff V. JOANNA MCELROY, : Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-7103 CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER 1. The Petition of Joanna McElroy respectfully represents that on October 2, 2007, an Order of Court for the custody of MICHAEL J. CEASE, born June 4, 1996, was entered, a true and correct copy of which is attached. 2. This Order should be modified because: A. Paragraph 5 of the Order, contains a non-reciprocal "first right of refusal" stating that if Mother were not available to take care of their child because of work or otherwise, that Father would have custody during those times. B. This agreement was made, understanding that this would be used for the occasional brief period immediately after school if Mother were late arriving to pick up the child, for instance due to traffic delays between her work place and home. C. Father refuses to allow any of Mother's family or her spouse to pick up the child after school on her custodial days, even if she is only expected to be slightly delayed, based on his steadfast belief that the child is so in need of "structure and consistency" that his homework time must begin immediately after school. D. Father is highly critical of the differences between his parenting approach and that of Mother and seeks to diminish her role with the child. E. Within a few weeks of the Order being entered, Father left the child in the custody of his spouse for an entire weekend without informing Mother that he was away, or offering her the custodial time, again evidencing his lack of support for the child's relationship with his Mother and respect for her role as the primary parent over a third party/step parent. F. On October 18, 2007, Father left the child in the care of stepmother while he was tending to his auction business. G. In December 2007, there was a school dismissal for snow when Father was in Wilkes-Barre. Stepmother took the parties' son to a friend's home after calling at least three people to babysit him, rather than contacting Mother to assume his care. H. Attempts to resolve this concern between counsel were fruitless. 1. Accordingly, Mother was left with no other option to pursue her concerns other than through the Courts. WHEREFORE, Petitioner believes it is in the best interests of the child for the Court to modify the existing Order to either eliminate Paragraph 5 of the Order, allowing the parties to practice parallel parenting and have no interference from the other during their custodial periods, or in the alternative, modify Paragraph 5 to apply the first right of refusal to both parties. Respectfully submitted, DUFFIE) STEWART & WEIDNER Date: o By. Melissa eel reevy :322039 VERIFICATION 1, Joanna McElroy, do verify that the statements made in the foregoing Petition for Modification of Partial Custody Order are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Joanna McElroy Dated: / 'Iq -7 7 MICHAEL D. CEASE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 1 JOANNA MCELROY, NO. 2006-7103 Defendant IN CUSTODY COURT ORDER AND NOW, this ;0day of October, 22007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Michael D. Cease, and the mother, Joanna McElroy, shall enjoy shared legal custody of Michael J. Cease, born June 4,1996. 2. The parties shall also enjoy shared physical custody of the minor child. Absent an agreement by the parties to some other schedule, the physical custody schedule shall be as follows: a. The parties shall alternate custody on weekends from Friday after school until Monday morning with the custodial parent picking the child up at school on Friday and then delivering the child to school on Monday morning. b. For the remainder of the week, mother shall have custody on Monday and Tuesday of each week and father shall have custody on Wednesday and Thursday of each week. 3. For the hollidays, the custody schedule shall be as follows: a. The Christmas Holiday shall be divided in two sections, segment `A' being from Christmas Eve from at noon until Christmas Day at noon and segment `B' from Christmas Day at noon until December 26 at noon. The parties shall alternate this schedule with the father having segment `A' in 2007 and mother having segment `B'. b. For the Easter Holiday, the holiday shall be divided into two segments from Saturday at noon until Easter Sunday at noon and Easter Sunday at noon until Monday at noon (where allowed subject to the school schedule). The parties shall alternate this holiday with mother having the first portion of the Easter Holiday in 2008 and father having the second portion. C. The parties shall alternate the Thanksgiving Holiday from 9:00 a.m. until 6:00 p.m. unless agreed otherwise between the parties. The mother shall have the Thanksgiving Holiday in 2007. 4. The parties shall also be entitled to exercise two consecutive weeks of vacation with the minor child during the summer. The parties shall work with each other well in advance of the summer months to verify their vacation times. 5. It is noted that father is home during the day on weekdays and otherwise. On those times when mother has custody and she is not available to take care of the minor child because of work or otherwise, father shall have custody of the child during those times. 6. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. The parties may modify this Order in any manner that they agree upon. In the event either party desires to modify this Order and is unable to reach an agreement with the other party, either party may petition this Court to have the case again scheduled with the Custody Conciliator for a Conference. Judge cc: Michael A. Scherer, Esquire Melissa P. Greevy, Esquire TRUE COPY FRONA RECORD In Te imny wiiPr, of, ! hare unto set my hand aRd seal of said Cou t at t's1e °a. ThY?.?? d y o ....... P MICHAEL D. CEASE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW JOANNA MCELROY, NO. 2006-7103 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 child who is the subject of this litigation is as follows: Michael J. Cease, born June 4,1996. 2. A Conciliation Conference was held on September 28, 2007, with the following individuals in attendance: The father, Michael D. Cease, with his counsel, Michael A. Scherer, Esquire, and the mother, Joanna McElroy, with her counsel, Melissa P. Greevy, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: ?- 5-o? (?;? ?)'A Hubert X. Gilroy, E uire Custody Concilia r r"g r-.a S C7 G ? y c,-? tv -t CIS A MICHAEL D. CEASE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOANNA MCELROY DEFENDANT 2006-7103 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 11, 2008 , 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, March 14, 2008 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. 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. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. 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 (717) 249-3166 - v,-x P4? - .,v -"-- /,M? AKV Le, rul :? '''eft L I I-$al 11 03A € OOZ !Jj*t'A 3A 20 .? 3 MICHAEL D. CEASE, Plaintiff v JOANNA MCELROY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-7103 IN CUSTODY COURT ORDER AND NOW, this day of April, 2008, upon consideration of the attached Custody Conciliation report, this court's prior order of October 2, 2007, is ratified and confirmed subject to the following modifications: 1. Paragraph 5 of the prior order is modified and clarified as follows: A. This provision shall only apply on Monday, Tuesday, Wednesday and Thursday during the school year. B. This provision shall apply to both parents, such that both parents have the obligation of contacting the other parent if they are not going to be present after school to provide custody and supervision of the minor child. C. This provision shall only apply in circumstances where the parent is not available for more than one hour. In situations of one hour or less where the parent is not available because of work or other commitments, the custodial parent may in that situation have another family member or other competent adults provide supervision for the minor child. cc: ichael A. Scherer, Esquire w Melissa P. Greevy, Esquire FAFffM\C6cnts\12321 Chstody Condhatioos\2M\12321.1.Ceasc v McMroy Conciliation Repon4kdv.wpd 020P1E9 mC,7 t [?cL Judge Edward E. Guido f ; p no , ,??. J3 4 6 MICHAEL D. CEASE, Plaintiff v JOANNA MCELROY, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2006-7103 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 child who is the subject of this litigation is as follows: Michael J. Cease, born June 4, 1996. 2. A Conciliation Conference was held on April 11, 2008, with the following individuals in attendance: The father, Michael D. Cease, with his counsel, Michael A. Scherer, Esquire, and the mother, Joanna McElroy, with her counsel, Melissa P. Greevy, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: 02 Hubert X ilroy, Esquire Custo Conciliator