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HomeMy WebLinkAbout02-4286SANDRA K. LOVELL, JOHN W. SMITH and ALICE K. SMITH, VS. DONALD L. BLAZER, Plaintiffs : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO.: COMPLAINT FOR CUSTODY, PARTIAL CUSTODY AND VISITATION RIGHTS AND NOW, come the plaintiffs, by and through their counsel, Keefer Wood Allen & Rahal, LLP, and file this complaint, averting as follows: Introductory Statement The plaintiffs are the natural mother (Sandra K. Lovell) and maternal grandparents (John W. and Alice K. Smith) of Justin D. Blazer (the "Child"). The defendant, Donald L. Blazer, is the natural father of the Child. There is no formal custody or visitation decree pending, as the parties have honored an agreed upon understanding since the Child's birth. This complaint, in which both plaintiffs and defendant agree, attempts to formalize the understanding between the parties relative to the custody and visitation rights of all concerned. Facts 1. Plaintiff Sandra K. Lovell is an adult individual residing at 5550 Smith Drive, Mechanicsburg, PA 17050-1639 and is the mother of the Child. 2. Plaintiffs John W. Smith and Alice K. Smith, are adult individuals residing at 5550 Smith Drive, Mechanicsburg, PA 17050-1639 and are the maternal grandparents of the Child. 3. Defendant Donald L. Blazer, is an adult individual residing at 63 Lori Circle, Mechanicsburg, PA 17055 and is the natural father of the Child. 4. Plaintiff, Sandra K. Lovell, seeks primary custody of the Child who also resides at 5550 Smith Drive, Mechanicsburg, PA and whose birth date is December 11, 1990 (age 11 years). 5. Plaintiffs John W. Smith and Alice K. Smith seek partial custody, only to the extent that their daughter, Sandra K. Lovell, becomes unable to take care of the Child because of her medical condition or the medical treatment she is receiving. 6. Sandra K. Lowell was diagnosed with cancer in April 2002, and is now undergoing chemotherapy treatment. 7. Defendant seeks, and plaintiffs do not oppose, the continuation of visitation rights as has been past practice. 8. The mother of the Child is Sandra K. Lovell, who is currently married to Dave Lovell. 9. 10. The father of the Child is Donald L. Blazer. He is currently unmarried. The Child was bom out of wedlock, and Sandra K. Lovell (formerly Sandra K. Smith) was never married to Donald L. Blazer. 2 11. The Child has always been and is presently in the custody of Sandra K. Lovell, who also resides with her parents, John W. Smith and Alice K. Smith. 12. During the past eleven (11) years, the Child has resided with the plaintiffs at the address listed above. 13. The plaintiffs and the defendants have had an informal understanding that has worked well over the years that Sandra has full custody of the Child and Donald has visitation rights as agreed to by the parties. 14. The parties have been respectful of one another over the years and this agreement has worked without a formal agreement being approved by the court. 15. Because of the uncertain situation with Sandra Lovell, all parties have agreed that it would be best to have the understanding formalized in a court order and all parties are in agreement that primary custody shall be given to Sandra Lovell, with partial or alternate custody going to the Child's maternal grandparents, John and Alice Smith, only when and to the extent that Sandra becomes unable to care for the Child. Visitation rights by Donald L. Blazer, the natural father, will continue as in the past and as agreed to by the parties. 16. Defendant, Donald L. Blazer, father of the Child, has agreed to this arrangement as set forth in his statement to the court, attached hereto as Exhibit "A.' 17. The plaintiffs have 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. 18. The plaintiffs have no information of a custody proceeding concerning the Child pending in a court of this Commonwealth. 19. The plaintiffs do not know of a person not a party to these proceedings who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child or has any other claim or right to the Child. 20. The best interests and permanent welfare of the Child will be served by granting the relief requested because of the facts set forth above and as set forth in the statement by Sandra K. Lovell dated August 3, 2002, attached hereto as Exhibit "B." 21. 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. WHEREFORE, the plaintiffs and the defendant request that this Honorable Court grant custody of Justin D. Blazer to Sandra K. Lovell with alternate or partial custody going to John W. Smith and Alice K. Smith, only if and to the extent Sandra K. Lovell is unable to fulfill her custodial obligations and care for the Child. Further, the parties request that the visitation rights that Donald L. Blazer, defendant, has had in the past will continue in the future as agreed to by the parties. 4 Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: September ~ ,2002 By /ST]~PHEN L. GROSE Attorney I.D. #31006 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8052 VERIFICATION I, Sandra K. Lovell, the undersigned, acknowledge that: 1. I am an adult individual and one of the plaintiffs herein; 2. The statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief; and 3. I am aware that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unswom falsification to authorities. Sandra K. Lovell 6 VERIFICATION I, John W. Smith, the undersigned, acknowledge that: 1. I am an adult individual and one of the plaintiffs herein; 2. The statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief; and 3. I am aware that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification to authorities. Jo~n W. Smith VERIFICATION I, Alice K. Smith, the undersigned, acknowledge that: 1. I am an adult individual and one of the plaintiffs herein; 2. The statements contained in the foregoing Complaint are tree and correct to the best of my knowledge, information, and belief; and 3. I am aware that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification to authorities. Alice K. Smith Exhibit A Statement of Donald L. Blazer I, Donald L. Blazer, the undersigned, affirm the following statement: 1. I am the natural father of Justin D. Blazer, who was born on December 11, 1990. 10. 11. 12. Sandra K. Smith, Justin's natural mother, and I were never married. Sandra K. Smith marfied-t~4 Lovell and has had full custody of Justin since our separation. Justin has always lived with Sandra Lovell. Justin also lives with his maternal grandparents, John W. Smith and Alice K. Smith. There has been no formal award of custody or visitation rights in the past. Since 1990, we have had an informal agreement whereby custody has been given to Sandra and I have had visitation rights as agreed to by us. I presently pay child support for Justin through Cumberland County case I.D. no. 686000062, and would continue to make payments as in the past. I am aware that Sandra is experiencing health problems and believe that if she should be unable to care for Justin, that he would be best cared for by his maternal grandparents, John W. Smith and Alice K. Smith. I therefore have no objection to the court making an award of custody of Justin D. Blazer to Sandra K. Lovell, with alternate or partial custody going to his maternal grandparents, John W. Smith and Alice K. Smith, at such time and to the extent that Sandra K. Lovell cannot fully exercise her custodial obligations. I understand that I will continue to have visitation rights as in the past. I am aware that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification to authorities. Date: q- 3 ' 0 2__ Donald L. Blaze~ EXHIBII A Exhibit B H~u~ m7 ~ K~. my ~m~ is Sn~ ~. ~1{, C ~ P L~ ~y Soy ~TusTi~__ch~op. eO __oueO_To __m~._mom .... To ~e ~R~seO bore o~ T~ FARm. tt,~ue .my ~sk ~s Kwou~,~u. rt~y I~t~me ]$ Styv~ttt~ .14. l, awe{[~ .... RinD. DA O RlU ~ F. XHIBII To ~e ~)seO here o~ The ~us~s waw- O~w ~i/[ ST, VI 'wceoley SANDRA K. LOVELL, JOHN W. SMITH AND ALICE K. SMITH PLAINTIFF : : V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4286 CML ACTION LAW DONALD L. BLAZER : IN CUSTODY DEFENDANT _. ORDER OF COURT AND NOW, Friday, September 13, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, October 15, 2002 at 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. 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: /si Melissa P. Greevy, 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 infomtation 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 SANDRA K. LOVE~ ~ ~, JOHN W. SMITH and ALICE K. SMITH, VS. DONAI~D L. BLP, 71~.R, Plaintiffs : : : Defendant : IN THE COURT OF COMMON PI~EAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO.: 02-4286 ACCEPTANCE OF SERVICE I, Donald L. Blazer, hereby accept service of the Complaint for Custody, ~ Custody and Visitation Rights in the above matter. DONAI ~D L. BLAZE~R SANDRA K. LOVELL, JOHN W. SMITH and ALICE K. SMITH, VS. DONALD L. BLAZER, Plaintiffs : : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM NO.: 02-4286 AFFIDAVIT I, Stephen L. Grose, the undersigned, state and affirm as follows: 1. I am counsel for the Plaintiffs in the above matter. As counsel for the Plantiffs, I am familiar with David Lovell, the present husband of Sandra Lovell, one of the Plaintiffs. David and Sandra have been married for approximately 2½ years. 2. David was provided with a copy of the complaint for partial custody and visitation rights filed in this matter and was aware of the hearing that was scheduled for 9:00 a.m. on Tuesday, October 15, 2002. 3. David chose not to be named as a party in the action and chose not to appear at the hearing and does not oppose the requests that were made in the petition and the relief sought. 4. I am aware that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification to authorities. SANDRA K. LOVELL, JOHN SMITH and ALICE K. SMITH, Plaintiffs DONALD L. BLAZER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4286 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ - day of Or..~ ~ ,2002, upon consideration of the Custody Conciliation Summary Report and Order, and the statement made by Defendant in the Exhibit A to the Complaint, the following Order confirming the status quo is entered: 1. Legal Custody. Sandra K. Lovell, John W. Smith, Alice K. Smith and Donald L. Blazer shall have shared legal custody of the minor child, Justin D. Blazer, born December 11, 1990. Each party shall have an equal right, to be exemised jointly with the other parties, to make all major non-emergency decisions affecting the child's general well- being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each party shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other party. 2. Physical Custody. Mother shall have primary physical custody of the minor child, Justin D. Blazer. Father shall have partial physical custody to include frequent and continuing contact with the child and sharing of holidays. The parties shall continue to cooperate as they have in the past to arrange Father's periods of partial custody. In the event that Mother becomes incapacitated by her illness, it shall be permissible for the maternal grandparents, Alice K. Smith and John W. Smith, to maintain primary custody of the child. Under those circumstances, the maternal grandparents shall continue to foster the relationship between the child and the Father and continue to be flexible, as they have in the past, in arranging periods of partial custody with the Father. Dist: BY THE COURT: Stephen L. Grose, Esquire, PO Box 11963, Harrisbu~J, PA 17108-1963 Donald L. Blazer, 63 Lori Circle, Mechanicsburg, PA 17055 SANDRA K: LOVELL, JOHN SMITH and ALICE K. SMITH, Plaintiffs DONALD L. BLAZER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4286 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Justin D. Blazer DATE OF BIRTH CURRENTLY IN THE CUSTODY OF December 11, 1990 Mother 2. A Custody Conciliation Conference was held on October 15, 2002 pursuant to a September 9, 2002 filing by Plaintiffs of a Complaint for Custody, Partial Custody and Visitation Rights. Present for the conference were: the Mother, Sandra K. Lovell; the maternal grandparents, John W. and Alice K. Smith, and their counsel, Stephen L. Grose, Esquire; the Father, Donald L. Blazer, attended pro se. 3. Plaintiffs sought a Custody Order for Justin in anticipation of Mother's incapacity/unavailability. Mother has been diagnosed with cancer and is being treated at this time. She has not been able to receive confirmation that her cancer is in remission. Mother reports, and Father confirms, that the child has lived with Mother and the maternal grandparents throughout his life. All parties have confirmed that Father has had frequent and continuing contact with the child on an informal, unstructured basis. All parties agree that the status quo should continue in the event of Mother's incapacity. Accordingly, as the parties have reached an agreement, an Order confirming the status quo is prepared for the Date ' vy, Esquire Custody Conciliator :164297 No. 03-4286 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LANCASTER PUMP A Division of C-B TOOL COMPANY, Plaintiff NOVCO SUPPLY COMPANY, Defendant PRAECIPE FOR WRIT OF EXECUTION (Money Judgments) P.R.C.P. 3101 - 3140 etc. N. R SyO n R MENGES, ESQUIR Sup. CtlH~.D./N~. 23166 SHAWN P. MCLAUGHLIN, ESQUIRE Sup. Ct. I.D. No. 62737 Attorneys for Plaintiff 145 East Market Street York, PA 17401 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3140 LANCASTER PUMP A DIVISION OF : C-B TOOL COMPANY, : Plaintiff, : NOVCO SUPPLY 1NC., Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Judgment No: 03-4286 Civil Term PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Novco Supply Inc., Defendant; (3) and index this writ (a) against Novco Supply, Inc., Defendant as lis pendens against the real property of the Defendant(s) and execute upon personalty including that which is in the name of the Garnishee(s) as follows: Garnish any and all accounts including checking accounts, savings accounts, certificates of deposit, Christmas Clubs, safety deposit boxes, etc. in the name of Novco Supply Company located at M & T Bank, 6920 Carlisle Road, Mechanicsburg, PA 17055. (5) Dated: Amount due $6,840,54 Interest from May 1, 2003 to present at 6% per a~jlmam~ ~ Total $ plus costs ($ 265.50 a~v~9/03), p]lu~ontinuing interest. Iq. Christopher l~.~figes, Esquire Sup. Ct. I.D. No. 23166 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 62737 Attorneys for Plaintiff 145 East Market Street York, PA 17401 (717) 843-8046 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4286 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LANCASTER PUMP A DIVISION OF C-B TOOL COMPANY, Plaintiff(s) From NOVCO SUPPLY INC, 629 W. MAIN ST., MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISH ANY AND ALL ACCOUNTS INCLUDING CHECKING ACCOUNTS, SAVINGS ACCOUNTS, CERTIFICATES OF DEPOSIT, CHRISTMAS CLUBS, SAFETY BOXES, ETC. IN THE NAME OF NOVCO SUPPLY COMPANY LOCATED AT M & T BANK, 6920 CARLISLE, ROAD, MECHANICSBURG, PA 17055 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an a~tachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,840.54 L.L. $.50 Interest FROM 5/1/03 TO PRESENT AT 6% PER ANNUM PLUS COSTS ($265.50 AS OF 9/03), PLUS CONTINUING INTEREST Atty's Comm % Due Prothy $1.00 AttyPaid $37,25 Other Costs Plaintiff Paid Date: OCTOBER 1, 2003 (Seal) REQUESTING PARTY: Name N. CHRISTOPHER MENGES, ESQUIRE Address: 145 EAST MARKET STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-843-8046 Supreme Court ID No. 23166 CURTIS R. LONG Prothonotary Deputy