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Home My WebLink About96-04986 "'- '" 1 ~ ~ l ! ~ 1 ~ I ~/ t!i I . I ~f i \ \"" ' , \ , I ,J /- j 1 I I I I ~ * M I \ n 51 -",.1 '("to( fl. . '''Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA V . . :CIVIL AC'l'ION - LAW . ;NO. ",.",,&1,. CIVIL :CUS'l'ODY /VISITATION 19 * 12...\\ \.. t, ~t. .......T Defendant ORDER OF COURT <; t p' ,\ 7 l'i' AND NOW, this (date) , ,.... , upon consideration of the attached complaint, it is hereby directed that the parties and their respective couns!!l aEPear be, fore ~~"~I" 1. f.. "'L'r t''..t. the conciliator, at I \h \ J~ _". 0 vv .'~< on the ~day of ~, , , 19 b, at () ~ H., for a Prehearing Cust !y COlJference. At such conference, an effort "ill be made to resolve the issues in dispute; or if this cannot be accomplished, to define and nUTOW' the issues to be heard 'by the court, and to enter into a o':emporary order. Bither party may bring the child "ho is the subjeot of this custody action to the conference, but the clJild/children's attendance is not lII4lJdatory. Failure to appear at the conference may provide grounds for entry of . temporary or penaanent order. , mR 'nIB COURTt By. :3;i;~--ft:~itf YOU SIIOULD 2'AQ f'IlIS PAPER ro J'OOR l.oAfmrR AS" ONCB. IF YOU 00 NOf' IZAVB A LAfIrBJI OR CAIINOf' AFl'OIUJ 0118, GO fO OR I'BLIU'IfONB 'nIB OFFICE SEt' FORni BBLOfI ro FIND our WHI'ItB IOU CAN Gn' l.IGllL HBLP. OFFICE OF 'I'HB COC1Rt' AafUAilS!'RA!'OR COUR1'IIOUU. I'OUR1'If FLOOR ~SLr P.A 1701J (7171240-'200 . 0-' ",- ~ '-1').....9"'-4'1$', (1",( T.../~",,- ACTION FOR VISITATION MICHAEL A. STEWART (Plaintiff) V. RUTH E. STEWART (Defendant) I, Michael A. Stewart, petition the Court of Cumberland County, to obtain visitation of my minor children, Nicole E. Stewart, age 16, and James M. Stewart, age 11, through the means of a court appointed conciliator. The Defendant resides at ROIl, Box 149, Blain, PA 17005. Plaintiff resides at 3471 Ritner Hwy., Apt. 2, Newville, PA 17241. Since August of 1995, several letters have been sent to Defendants attorney from Plaintiffs attorney in an attempt to establish visitation. No response was received. On June 16, 1996, (Father's Day), a successful visitation was arranged. It was the first time in almost a year I was able to spend time with them. Since then, all attempts made for visitation have been fruitless. Defendant does have a Protection From Abuse ordered against Plaintiff from November, 1995. All accusations in this complaint were from 8 to 10 years prior to 1995, and some were false. Said children in this action (especially my son) have expressed several times to people in their neighborhood that they miss their father and want to see him, but their mother won't let them, and said children (mainly my son) also have been left home alone many times. Neighbors are getting very upset about this and have alerted me ot lhese occurren~s. MICHAEL A. STEWART Plalnll" : IN TUE COURT 0... COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVILACfION.LAW RUTH E. STEWART Derendant : NO 96-4986 Civil : CustodylVlsllatlon PRELIMINARY OBJECTIONS WITH MOTION TO DISMISS THE CUSTODY PETITION AND NOW comes Ruth E. Stewart, by her attorneys. Walz & Wall, and respectfully .tvers as follows: J. Petitioner/Mother is Ruth E. Stewart, residing at RD # I Box 149, Blain, Perl)' County, Pennsylvania. 2. Respondent/Father is Michael A Stewart. currently residing at 3471 Ritner Highway. Apt #2. Newville. Cumberland County. Pennsylvania, 3. Petitioner is the natural mother of Nicole E. Stewart, age 16. and James M, Stewart, age II. who have always resided in Perl)' County, Pennsylvania since birth, 4. Respondent is the natural father of Nicole E. Stewart and James M, Stewart. 5. Respondent/Father filed a Custody Petition in Cumberland County on or about September 18, 1996, 6. RespoadentlFather did not follow the Pa. R.c.P. No. 1915.15. in preparing bis Custody Complaint/Petition. 7 Rule 1915.15 sets Corth the required Conn of Complaint in Custody matters 8, U Respondent/Father had used tbe required form as indicaled in Rule 1915IS. appropriate ~nue of the aClion putsuantto Rule 1915.2 would have betn clear 10 the Custody ('OQ('ilialor: namely. Perry County. Pennsy"'ania. 9, PtUlkMlerlMoIher and the !'.aid children hne nf\-'C'r 11\'C'd in Cumberbnd ('ounty; thf) ~\"e ahroa).. b\ed In Ptr~ ('ounty Sllln' !lfparatKlft. Ilk' rhild"n ha\l' \,oIUlnlt'C'd 10 I"t' "lib the \h>ther 10 If Rt'''JlOftdenlhuhe'1 hotd Inlk~ed the' Ruk-s \>1 ('''tl Pnndltf\'. Ik' ..1lI1d hot,.\, p'.rly loC'nt'd the 1"""\\11'" leqllltnlul'l....1 Rille IY,lO,j, not'" ....I'II'l' hel :llIhlfllC'\ , MICHAEL A. STEWART, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . CIVIL ACTION - LAW . . . RUTH E. STEWART, : NO. 96 - 4986 CIVIL TERM Defendant . . . CIVIL ACTION - CUSTODY . CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8{b), the undersigned Custody Conciliator submits the following report: 1. The information pertaining to the child who is subject of this litigation is as follows: Nicole E. Stewart, age 16 James M. Stewart, age 11 2. The Father, Michael A. Stewart, commenced a custody action against the Mother, Ruth E. Ste~art, in Cumberland County by filing a document entitled -Action for Visitation- with the Court. The Court Administrator attached a court order and scheduled a conference before the Conciliator. Father is not represented by an attorney. 3. The Mother, Ruth E. Stewart, filed preliminary objections to the custody petition through her attorney, Shaubut C. Walz. These preliminary objections allege that the Mother resides in Perry County and that the Father resides in Cumberland County. They further allege that the children have always resided in Perry County and that Perry County is the appropriate place for the case to be litigated. 4. Upon receipt of the Preliminary Objections, the Conciliator sent the Father a letter directing him to state his position on the allegation that the children have always lived in Perry County and have never resided in Cumberland County. The Father responded to this letter by filing his own letter dated October 17, 1996, with the Conciliator, a copy of which is attached. The Father acknowledges in his letter th.t the children have always resided in Perry County. S. Although the Conciliator is of the opinion that the Father is most likely entitled to a certaJn period of visitation or partial custody with the childrer., the Father's ad:nowled~nt that the children have alway. c.sid.d in Percy County and that they continue to reside th.re suqq..ts that r.rcy County ia the appropriate venue to litigate this c.... The Conciliator fitCCIIIIlIItnd. an order in the lona ..s ..Uaehed. --Ii di_~~__ P.t. " "Jf'/ ~./ ~..~ ,'- c ." ......... ---......... ......_..~...._--....~..-"'.,.. Hubert X. CjJfoy, F.'iUjre Cu 5 h"ldy C,ut(' llu t <>1' . October 17, 1996 HUBERT X. GILROY P.C. 4 NORTH HANOVER ST. CARLISLE, PENNA. 17013 DEAR MR. GILROY: In response to your letter dated october 8, 1996, I am letting you know my position on the objections made against my petition for Visitation/custody. Please be advised that at one time Ruth, Nicole, and myself lived in West Fairview, Penna., Cumberland County, on or around 1983 - 1984. My son James was born in March of 1985 in Loysville, Perry County, Penna. At the time of separatlon, all of us lived at ROIl, Box 149, Blain, Penna., Perry County. As )'ou know, the petition I filed with the prothonotary's office in Cumberland County covers everything I am concerned with as far as my children go. I am not asking for a lot, only for the chance to see my children which should not be denied. I am extremely worried about the neglect my son has suffered which is why I included custody (just for himl. I have payed child support for over a year, and did not run away from this responsibility. I am not a dead beat dad. I have made several attempts in 1995 and 1996 to come to some kind of an agreement but all were fruitless. Even with the attempt of a conciliation hearing, my attempts to see my children were still denied due to my paperwork not being in proper form. I feel the welfare of my children is much more important than proper format of paperwork, and that the hearing should have taken place as originally scheduled. I also feel Cumberland County is neutral territory, and the case would be heard more objectively here. In light of thiR, I can see now why good, honest, hard working men reel as though this system we now have in place does not work. It is ~ shame things have to turn out the way they do like this. Sir, I ~9 of you to please read over my original petition and grant me the right to a fair and just hearing, and the right to see my children. Thank you for your time in this very important matter. Slr.cerely, ,.~ I , -iLl.';, /- ' ~. , . / I, ~ ,'j Ill. IUch.1lel A. Stewart ~~~~