HomeMy WebLinkAbout07-1329
I.
Thomas o. Gould, Esquire
IO #36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
JOHN R. STOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
07- / 3;)..Q
C.i v I I +lff\.
BRIDGET A. MOORE,
Defendant
CIVIL ACTION - LAW
CUSTODY ACTION
CUSTODY COMPLAINT
TO THE HONORABLE JUDGES OF SAID COURT:
1. The Plaintiff is John R. Stover residing at 103 East Main
Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The Defendant is Bridget A. Moore residing at 709 Market
Street, Lykens, Dauphin County, Pennsylvania 17048.
3. Plaintiff seeks joint legal custody and primary physical
custody of the following child:
NAME
PRESENT RESIDENCE
DOB
Alexander R. Stover
103 East Main Street
Mechanicsburg, PA
01/24/99
The child was not born in wedlock.
The child is presently in the physical custody of John R.
Stover who resides at 103 East Main Street, Mechanicsburg,
Cumberland County, Pennsylvania.
The child has resided with the following persons and at the
following addresses:
Person
Father
Address
103 East Main Street
Mechanicsburg, PA
Date
07/04 - present
"
Father
4827 East Trindle Road
Mechanicsburg, PA
08/02 - 07/04
The mother of the child is Bridget A. Moore who resides at 709
Market Street, Lykens, Pennsylvania 17048.
Mother's marital status is known.
The father of the child is John R. Stover who resides at 103
East Main Street, Mechanicsburg, Pennsylvania 17055.
He is married.
4. The relationship of Plaintiff to the child is that of
father.
The Plaintiff currently resides with the following
persons:
~
Relationship
June A. Stover
Alexander R. Stover
Chloe Miller
Sarah Stover
Wife
Son
Step-Daughter
Daughter
5. The relationship of Defendant to the child is that of
mother.
The Defendant is currently residing with Sean Howerton
(boyfriend) .
6. Neither party has participated as a party or witness, or
in another capacity, in other litigation concerning the custody of
the child in this or another court. However, the parents entered
into a Child Custody and Visitation Agreement dated July 24, 2003
which amended their agreement of August 28, 2002. A copy of the
July 24, 2003 Agreement is attached as Exhibit A.
2
...
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.
7. The best interest and permanent welfare of the child will
be served by granting the relief requested because:
A. Father provides proper care for Alex.
B. Father provides a loving home for Alex.
C. Father has been the primary caretaker of Alex.
D. Father will place Alex's best interest before his
own.
8. Each parent whose parental rights to the child has not
been terminated and the person who has physical custody of the
child have been named as parties to this action.
WHEREFORE, Father requests this Honorable Court to grant him
joint legal custody and primary physical custody of Alex, subject
to Mother's right to periods of partial custody or visitation.
Respectfully submitted,
~~.~
Thomas D. Gould, Esquire
ID #36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
3
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Cbild C.ustody and Vt~t{a1:lon A~n~etnefi't
odificatio17 of al1 agreement between/he father and mother originally made 28 August 2Q02.
-:
John ("F ather") shall have full and complete custody of Alexander Ryan Stover ("Child"?, and
upervision of his upbringing, as of Julv 24. 2003 , subject to the following;
l.
I
et A Moore ("Molher") shall have the right to visit the Child each week, on the following ~ays,
fol/owing hours. respectively: (A) Tuesday's from 8:00am to Wednesdav at 8:30am mild on
i
rom 8:00am to Friday at 8:30am (B) every other weekend starting on Saturday at ~
I
It is the Mothers responsibility to drop Alexander off at his Daycare/Sfhool
Thursdays
and ending Monday at 8:00am.
on the mom gs of his visitation.
,
d that the Mother will notify the Father on or before Friday 5:00pm _ whether the Mother inte~s to
the following week. If the day(s) and/or hour(s) selected are inconvenient, the Father will noti~ t~e
Mother no I er than Three (3) days prior to the scheduled visitation, and the Mother shall be permitted to vis~t the
Child on alt ate day(s) or during alternate hours, as agreed upon by both parties.
2. Thei
the right to
forfeits any
i
ntion of the parties is that the Mother's right of visitation is not optional, and should the Mother ~aive
r be unavailable for visitation without giving the proper notice as set forth above for any reasonl she
, .
ture visits, and visitation is then at the Fathers sole discretion. .
...
f the Mother is unable to take the Child for any reason, without giving proper notification as stated
e cost of providing Child-Care for that day or days shall rest solely on the mother. This is to include,
ay-care for that day or reimbursement of lost wages for the Father if required to take off wotk to
lexander.
A}
above, then
payment of
provide for
3. Due t
any period
expresses a
request and
the present situation of the Mother, Alexander shall not be taken out of the state of Pennsylvani~ for
time. However, if at a later date, when the Mothers situation improves, and Alexander perso~al1y
ish or desire to accompany his mother and spend time with her, the father will evaluate the Mothers
ant such visitations providing that said visitation poses no possible hann to the Child. :
er shall promptly notify the Mother in the event of illness of the Child. The word "illness" sha!l be
an any illness. other than any illness from which the Child is now suffering, which shall confine the
or more than two days and/or requiring medical attention. .
5. Ort al
with the Mo
daycare, me
decision of
atters of importance relating to the Child's health and education, the Father shall consult and cQnfer
er, with a view to adopting and following a hannonious policy. This is to include choice of sChoo'ing,
cal treatment, and anything that may have an impact on the child's welfare and well being. The final
id consultation shall still rest solely upon the Father's decision. .
custodial parent of Alexander Ryan Stover rChildl I, John R Stover rFatherLgive the necessary,
to Bridlet A Moore [Motherl to request medical care for Alexander and to made any such decisio~s
g Alexander's well-being during an emergency and/0r during his visitation time with her, as need~.
that I the father am notified as soon as possible of the stated medical care and'or emergency. '
I expenses that are not covered by either parents medical insurance shall be split evenly (50/50)
e two parents, unless otherwise agreed upon by both parents.
EXHIBIT A
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choice
child-
of said
chang
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f said child-care must be approved by the Father. Notification of changes in status of child-care anpior
e provider(s), to include baby-siuers, is required under this agreement along with contact informadion
hild-care provider(s). This infomlation must be provided to both the Father and Mother should su<ft a
ccur.
is document both parties to consider it a legally binding agreement and do hereby accept the civil ~d
Ities that maybe brought to bear if one or both parties vioiate any of the tenns or conditions of this'
,f-
COMMO
OF PENNSYLVAN1~, }
SS:
BRLAND ~w..
Sworn and
before me t
of
ubscribed to
!j.f day
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O~lj/n3
( Da;e
VERIFICATION
I, JOHN R. STOVER, hereby certify that the foregoing CUSTODY
COMPLAINT is true and correct to the best of my knowledge,
information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
DATED: .~- 9 -07
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JOHN R. STOVER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
07-1329 CIVIL ACTION LAW
BRIDGET A. MOORE
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, March 15,2007
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at.........._.4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 20, 2007 at 1:00 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 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 hearine:.
FOR THE COURT.
By: /s/
John]. Mangan, Jr., 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 infonnation about accessible facilities and reasonable accommodations
available to disabled individuals having business before the coul1, 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
HA VE 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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