Loading...
HomeMy WebLinkAbout02-2972MARCIA J. CRITES, Plaintiff RICHARD A. SPOTTS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2002- IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Marcia J. Crites, an adult individual currently residing at 229 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324. 2. Defendant is Richard A. Spotts, Jr., an adult individual currently incarcerated at the York County Prison, 3400 Concord Road, York, York County, Pennsylvania 17402. 3. The parties are the natural parents of the child, Alicia N. Spotts, bom August 2, 1996. 4. 5. following addresses for the following lengths of time: NAM[~ ADDRF, RS Marcia Crites 229 Peach Glen Road Gardners, PA 6. married. 7. single. 8. The relationship of the Defendant to the child is that of natural Father. Defendant currently resides in the York County Prison. 9. The relationship of the Plaintiff to the child is that of natural Mother. Plaintiff currently resides with the child and her husband, Roger Crites. 10. The Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. The child was bom in wedlock. For the past five years, the child has resided with the following persons at the DATF, R 1997 to present The natural Mother of the child is the Plaintiff, who resides as foresaid. She is The natural Father of the child is the Defendant, who resides as foresaid. He is The The 11. There is a prior Order in this matter, dated October 7, 1997, and docketed to 4020 S 1997 In Custody in Dauphin County, Pennsylvania. 12. Said Order gives shared legal custody to the parties and primary physical custody to Plaintiff, with periods of partial physical to Defendant, limited to up to two weekends per month. 13. Plaintiff desires to relocate to Smithfield, West Virginia with the child and her husband in order to care for husband's seriously ill mother. 14. The best interest and permanent welfare of the child will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the child's well being. 15. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, the Plaintiff, Marcia J. Crites, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Respectfully submitted, Date: JUN 2 o 2002 Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Complaint are tree 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. M~laintiff~ MARCIA J. CRITES PLAINTIFF V. RICHARD A. SPOTTS, JR. DEFENDANT : _. : 02-2972 IN CUSTODY : ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Monday, June 24, 2002 , 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 12, 2002 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. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JUL 1 $ ~00~ ~ MARCIA J. CRITES, Plaintiff RICHARD A. SPOTTS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 2972 CIVIL : IN CUSTODY CO~TO~ER AND NOW, thi~ day of July, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Marcia J. Crites, shall enjoy legal and physical custody of Alicia N. Spotts, born August 2, 1996. The Father, Richard A. Spot/s, Jr., shah enjoy periods of temporary physical custody of the minor child at such times and under such circmnstances as a~ to by the Mother. CC: Thoman S. Diehi, Esquire In the event the Father is released from prison and desires to have a set visitation schedule with the minor child and is unable to reach an agreement with the Mother, the Father may at any time in the future file a petition with the court to have the case again scheduled with the custody conciliator for a conference. Richard Spotts,//69520 York County Prison 3400 Concord Road York, PA 17402 MARCIA J. CRITES, Plaintiff RICHARD A. SPOTTS, JIL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : : NO. 02 - 2972 CIVIL : IN CUSTODY Prior Judge: CONCII,IATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alicia N. Spotts, born August 2, 1996. e A Conciliation Conference was held on July 12, 2002, with the following individnai.~ in attendance: The Mother, Marcia J. Crites, with her counsel, Thomaa A. Diehi, Esquire. The Father did not appear. However, the Father wrote to the conciliator indicating he was incarcerated in York County Prison and indicated that he desired to be present for the custody conciliation conference and asked to have the conciliation conference rescheduled. In light of the Father's incarceration and the fact that the Mother currently has custody of the minor child, the conciliator recommends the entry of an order in the form as attached.