Loading...
HomeMy WebLinkAbout02-4341JAMES RICHARD GRAMLEY, PLAINTIFF VS. MARY ELLEN CHARBONNIER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA _. : NO.O:k- .~3z/I CIVIL TERM .. : CIVIL ACTION - LAW : ACTION FOR CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 PA 17013 (717) 249-3166 1-800-990-9108 JAMES RICHARD GRAMLEY, PLAINTIFF VS. MARY ELLEN CHARBONNIER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA .. : NO. Oa ~ ,q2ql CIVIL TERM .. : CIVIL ACTION - LAW : ACTION FOR CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is JAMES RICHARD GRAMLEY, who currently resides at 150 Chain Saw Road, Dillsburg, York County, Pennsylvania, 17019. 2. The Defendant is MARY ELLEN CHARBONNIER, who is employed at Messiah College, P.O. Box 3044, Grantham, Cumberland Cotmty, Pennsylvania, 17027. The Defendant's residence address is unknown. 3. Plaintiff seeks Shared Legal Custody and Partial Physical Custody of the following child: Name KRYSTAL ANN GRAMLEY Present Residence Unknown Date of Birth January 14, 1995 4. The child is the natural child of the Plaintiffand the Defendant. 5. The child is presently in the custody of the Defendant, whose address is unknown. 6. During the past five (5) years, the child has resided with the following persons at the following addresses: Name(s) Plaintiff and Defendant Plaintiff and Defendant Defendant and "Cliff", Defendant's paramour Address Camp Hill, PA Erford Road Camp Hill, PA Lambs Gap Road Dates Birth to March, 1996 March, 1996 to 1999 8 months in 1999 Name(s) Defendant and possible other individuals Defendant and possible other individuals Address Dates 99 "C" Street, Apt. B 1999 to ? Carlisle, PA Unknown ? to Present 7. The mother of the child is the Defendant whose current address is unknown. She was never married to Plaintiff and last resided with Plaintiff in 1999. 8. The father of the child is the Plaintiff, who currently resides at 150 Chain Saw Road, Dillsburg, York County, Pennsylvania 17019. He was never married to Defendant and last resided with Defendant in 1999. 9. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: Name Relationship Unknown 10. currently resides with the following persons: The relationship of the Plaintiff to the child is that of natural father. The Plaintiff Name Relationship Steven Anderson Roommate 11. Plaintiffhas no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. 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. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The Plaintiffhas great love and concern for his daughter; B. The Plaintiffdesires to be an important part of his daughter's everyday life; C. The Plaintiff had some difficulty with his health in the past, but is now providing financially for his daughter; D. The Defendant has used Plaintiff's inability to pay child support as an excuse to prevent Plaintiff from having an*/contact with his daughter; E. Defendant has and continues to refuse to allow the Plaimiff to have any contact with his daughter; F. There are no reasons of any nature which should prevent Plaintiff from having regular visitation with his daughter. 14. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as a party to this action. WItEREFORE, Plaintiff, JAMES RICHARD GRAMLEY, requests this Honorable Court award Joint Legal Custody in both Plaintiff, JAMES RICHARD GRAMLEY, and Defendant, MARY ELLEN CItARBONNIER, and Partial Physical Custody in Plaintiff, JAMES RICItARI) GRAMLEY, with Primary Physical Custody in Defendant, MARY ELLEN CItARBONNIER, of the minor child, KRYSTAL ANN GRAMLEY. Dated: September Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay C~diello,'l~squ~re' ' "'~'~ 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERI The undersigned hereby verifies that the facts averred in the foregoing document are tree and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. DATED: JAMES RICHARD GRAMLEY PLAINTIFF V. MARY ELLEN CHARBONNIER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4341 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Monday, September 16, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 15, 2002 at 1:00 PM for a Pre-Heating 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 furnisli any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~. FOR THE COURT, By: /s/ Dawn S. Sunday, 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 heating. 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 JAMES RICHARD GRAMLEY, PLAINTIFF VS. MARY ELLEN CHARBONNIER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-4341 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAll, COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : Be it known, that on the c.~¥x, day of ~)~ ,2002, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent James Richard Gramley, Plaintiff in the above-captioned matter. 3. On September 23, 2002, a true and correct copy of the Complaint for Custody, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 9468, and addressed to the Defendant, Mary Ellen Charbonnier, at Messiah College, P.O. Box 3044, Grantham, PA 17027. 4. The return receipt card signed by the Defendant, Mary Ellen Charbonnier, showing a date of service of September 26, 2002, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. SUSA~ io, Y CA~U.O, Counsel for Plain~ SWORN TO AND SUBSCRIBED before me, a Notary Public, this c~ day of ~ ~ ,2002. Notary Public ~ My Commission Expires: ~.~ · Complete items 1, 2, and 3. Also complete ~ 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplsoe, or on the front if space permits. 1. /k, ticle Addressed to: DELIVERY 2. Arllcle Numbe~ (Copy from sen/ce Iai 7001 ~. (s ~ll~ive~ address different from item 17 I-lyes If'YES, enter delivery address below: [] No 3. Service Type ~.~,ertif~d Mail [] Express Mall [] Registered [] Return Receipt for Merchandles [] Insured Mail [] C.O.D. 2510 0003 4439 9468 PS Fm~ 3811, July 16-~'C Dome~c Return Receipt 102595~O0-M-0952 Exhibit "A" JAMES RICHARD GRAMLEY, Plaintiff VS. MARY ELLEN CHARBONNIER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4341 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT · 'AND NOW, this ~ day of upon consideration of the attached Custody Conciliatio- ~ ...... 2002, n meport, ~t ~s ordered and directed as follows: 1. All prior Orders of this Court are vacated and replaced with this Order. 2. The Mother shall have primary physical custody of the Child, Krystal Ann Gramley, bom January 14, 1995. 3. The Father's counsel may contact the Conciliator after January 1, 2003, to schedule an additional Custody Conciliation Conference to establish partial custody arrangements if appropriate at such time as the Father has obtained independent living arrangements and stable employment. 4. The parties agree that the Mother may relocate with the Child to the eastern shore in Maryland. 5. The parties agree that neither party shall take any action to remove this matter from the jurisdiction of this Court unless otherwise agreed between the parties. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent, the terms of this Order shall control, mutual consent. In the absence of cc: Susan K. Candiello, Esquire - Counsel for Father David R. Getz, Esquire - Counsel for Mother ~_~ JAMES RICHARD GRAMLEY, Plaintiff VS. MARY ELLEN CHAR-BONNIER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4341 CIVIL ACTION LAW IN CUSTODY .CUSTODY CONCILIATION SUMMARy REPOR'i' 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Krystal Ann Gramley January 14, 1995 Mother 2. A Custody Conciliation Conference was scheduled for October 15, 2002, with the following individuals in attendance: The Father, James Richard Gramley, with his counsel, Susan K. Candiello, Esquire, and the Mother, Mary Ellen Charbonnier, with her counsel, David R. Getz, Esquire. 3. The parties agreed to entry of an Order in the form as attached. bate ~(f~(Jo ~ / O; ~d~'~ Custody Conciliator