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HomeMy WebLinkAbout02-5303 MICHELLE L. SPECK Plaintiff V. STEVEN E. SPECK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : CUSTODY/VISITATION : : NO. ~bl. -.~.?o~ CIVIL TERM COMPLAINT FOR CUSTODY I. The Plaintiff is Michelle L. Speck, residing at 7 Northview Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Steven E. Speck, residing at 1 South Baltimore Street, Apt. 4, Fmnklintown, Pennsylvania 17323. 3. Plalntiffseeks custody of the following children: .NAME RESIDENCE Tyler A. Mohr Brittney N: Mohr 7 Northview Drive Carlisle, PA 17013 7 Northview Drive Carlisle, PA 17013 DOB .AGE 4/15/92 10 yrs 7 months 11/30/96 5 years 11 months One child was born out of wedlock and one child was not bom out of wedlock. The children are presently in the custody ofMichelle L. Speck. During their lives, the children have resided with the following persons and at the following addresses: NAME Plaintiff/Defendant ADDRESS 7 Northview Drive Carlisle, PA 17013 DATES April 15, 1992 to Present The mother of the children is Michelle L. Speck, currently residing at 7 Northview Drive, Carlilse, PA 17013. She is unmarried. The father of the children is Steven E. Speck, currently residing at 1 South Baltimore Street, Apt. 4, Franklintown, PA 17323. He is unmarried. 4. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: the children 5. The relationship of the Defendant to the children is that of Father. The Defendant currently resides with the following persons: none 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information ora custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. Plaintiffhas undertaken and performed the primary parental responsibilities for each of the children. B. Plaintiff is best able to provide the care and nurture which the children need for healthy development. C. A Court Order of custody and structured visitation is desired so that the Plaintiff and the children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children are not used in a manipulative fashion. D. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the children. E. Defendant's erratic and abusive behavior poses a threat of harm to the children. 1. Approximately 2 years ago the Defendant spanked their son Tyler to the degree that there were imprints on his rear-end and both the police and children services were involved at that time. 2. On Sunday, October 18, 2002 the Defendant grabbed their son Tyler by the neck and threw him against a chair. The Plaintiffwas not aware of exactly what the Defendant had done to Tyler until the Defendant just recently admitted to the Plaintiff what had happened. 3. Tyler went to the school nurse following this incident and complained to the nurse that his neck was bothering him. The school has advised the Plaintiff to keep the children away from the Defendant or they have indicated that they would have to get involved. 4. Tyler is afraid of the Defendant and the Defendant has just recently admitted that he recognizes that he needs to obtain counseling for anger management. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 9. The continuing welfare of the children will be assured if temporary physical and legal custody is awarded to the Plaintiff`pending the hearing on this petition subject to such partial custody for purposes of visitation as may be mutually agreed between the parties. WHEREFORE, Plaintiff`respectfully requests this Honorable Court to enter an Order granting custody of the children to Plaintiff. Respectfully submitted, ANDREWS & JOHNSON B / aid E. John~6fi, ~squi;e- - [ Attorney for Pfl~fi'ntiff -- 78 West Pomptet Street Carlisle, PA 17013 Telephone: (717) 243-0123 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. DATE: Michelle L. Spe{~g~PlaintCt£ - MICHELLE L. SPECK PLAINTIFF go STEVEN E. SPECK DEFENDANT IN THE COURT OF COMMON PLEAS OF CtJMBERLAND CO[YNTY, PENNSYLVANIA : : 02-5303 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, November 06, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, December 04, 2002 at 1:30 PM 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 13resent 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours i~rior to scheduled hearing. FOR THE COURT, By: /s/ J~cqueline M. Vemey, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is requin~'d 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 MICHELLE L. SPECK, Plaintiff V. STEVEN E. SPECK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-5303 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this _~ day of ~g',¢-& ~ ., 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Mother, Michelle L. Speck, and Father Steve, n E. Speck, shall have shared legal custody of Tyler A. Mohr, bom April 15, 1992 and Brittany N. Mohr, born November 30, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Mother, Michelle L. Speck, shall have primary physical custody of the children. 3. Father, Steven E. Speck, shall have supervised visitation with the children on the following schedule: A. Beginning Sunday, December 8, 2002 fi:om 10:00 a.m. to 6:00 p.m. and continuing thereafter for the same time period on an alternating Sunday schedule. B. December 25, 2002 for two hours as agreed by the parties. The supervisor shall be either the paternal grandmother or Father's sister, Sharon. 5. Father shall enroll in anger management classes as soon as practicable. He shall provide documentation to Mother and her counsel as to his progress and completion of the program. 6. Father shall be responsible for all transportation. 7. This Order is entered pursuant to an agreemenl: of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for February 19, 2003 at 10:30 a.m. BY THE COURT, cc~.' Ronald E. Johnson, Esquire, counsel for Mother ~/'Steven E. Speck, pro se P.O. Box 43 Franklintown, PA 17323 ' MICHELLE L. SPECK, Plaintiff V. STEVEN E. SPECK, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-5303 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCII,IATION 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 Chiildren who are the subject of this litigation is as follows: NAME Tyler A. Mohr Brittany N. Mohr DATE OF BIRTH April 15, 1992 November 30, 1996 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on December 4, 2002. The following individuals were present at the conference: Mother, Michelle L. Speck, with her counsel, Ronald E. Johnson, Esquire. Father, Steven E. Speck, pro se. 3. The parties agreed to the entry of an Order in the form as attached. Date line M. Vemey, Esquire Custody Conc, iliator MICHELLE L. sPECK, Plaintiff STEVEN E. sPECK, Defendant IN THE coURT OF coMMON pLEAS OF cuMBERLAND COUNTY, pENNSYLVANIA cIVIL TEILM NO. 2002-$505 _LAW CIVIL ACTION ~ IN cuSTODY ~i) Iqow, thi ?t>~ of ~~' 2003, upon s day ConCiliation Report, it is ordered and directed as A . ~,~ a~ac~hst°dY consideration o~ u~ ~ follOWS: 1 The prior Order of Co~ date~ December 5, 2002 shall remain in ~ll ~ effect with the following modificaUon: 2. Paragraph 3A of the Order of Co~ of December 5, 2002 shall, in addition f°rC~temating s~days, also provide for Father to have supe~ised visRs on alternating he advise Mo~er by Thursday of the to Saturdays from 10:00 a.m. to 6:00 p.m. provided week of his intention to exercise said visitation, t of the p~ies at a Custody 3. This Order ~s entere~ di~ me p~o ........ of Another Conciliation Conference. The pa~t¢s may mo Y of this Order shall control. consent. In the absence of mut~l consent, the te:~S Conciliation Conference is scheduled for May 28,, 2003 at 1:30 p.m. BY THE coURT, Steven E. Speck, pro se P.O. Box 43 Franklintown, PA 17323 MICHELLE L. SPECK, Plaintiff Ve STEVEN E. SPECK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-5303 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J .CUSTODY CONCII,!ATION 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 Children who are the subject of this litigation is as follows: NAME Tyler A. Mohr Brittany N. Mohr DATE OF BIRTH April 15, 1992 November 30, 1996 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on February 19, 2003. The following individuals were present at the conference: Mother, Michelle L. Speck, with her counsel, Ronald E. Johnson, Esquire. Father, Steven E. Speck, pro se. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated December 5, 2002 providing for shared legal custody, Mother having primary physical custody and Father have periods of supervised visitation pending anger management classes. 4. The parties agreed to the entry of an Order in the form as attached. ~ - ko - o_5 Date mey, Esquire Custody Conciliator MICHELLE L. SPECK, Plaintiff V. STEVEN E. SPECK, Defendant 2 2003 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5303 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 2"d day of December, 2003, the parties having not requested another conciliation conference for six months, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECOURT, ~eme~yy,'Es~q~ '~(ody Conciliator