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HomeMy WebLinkAbout03-0539SUSANN HARREN, Plaintiff VS. JEFFREY WlTTLE, Defendant : IN THE COURT OF COMMON PI,EAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -sx7 : CIVIL ACTION- AT LAW : CUSTODY COMPLAINT IN CUSTODY AND NOW, the Plaintiff, Susann Harren, by and through her attomey, Jeann6 B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Susann Harren, is an adult individual who currently resides at 723 Valley Street, 1~ floor, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant, Jeffrey Wittle, is an adult individual whose current address is unknown to Plaintiff. 3. The Plaintiff seeks partial custody of the following children: Names Present Residence Age Casie Harren-Wittle 723 Valley Street 10 years Enola, PA 17025 DOB 5-14-92 Codi Harren-Wittle 723 Valley Street 4 years Enola, PA 17025 DOB 7-14-98 The children are presently in the custody of their mother, Plaintiff Susann Harren, who resides at 723 Valley Street, l~t Floor, Enola, Pennsylvania 17025. For the past five years, the children have resided with the following persons and at the following addresses: Name Plaintiff Michael Spoonhour Address 723 Valley Street, 1st fl Enola, PA 17025 Dates 3/02 to present (Plaintiff's fianc6) Plaintiff 723 Valley Street, 1st fl Enola, PA 17025 2~2to3~2 Plaintiff 723 Valley Street, 1st fl 8/01 to 2/02 Defendant Enola, PA 17025 723 Valley Street, 1st fl Enola, PA 17025 Plaimiff 10/00 to 8/O 1 Plaintiff 606 Gates Lane 5/97 to 10/00 Defendant* Enola, PA 17025 *Defendant was in an out of jail during this period so did not always reside at this address during this time frame. The natural mother of the children is Susann Harren, Plaintiff, currently residing at 723 Valley Street, Enola, Cumberland County, Pennsylvania 17025. The natural father of the children is Jeffrey Wittle, whose permanent address is unknown by Plaintiff 4. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with her fianc6, Michael Spoonhour. 5. The relationship of the Defendant to the children is that of natural father. It is not known by Plaintiff with whom Defendant resides. 6. Plaintiff and Defendant are co-defendants in a pending custody action filed by Defendant's mother, Mary E. Wittle, in Dauphin County at docket no. 4993- CV-2002-CU. Plaintiff has recently filed preliminary objections on the basis that Dauphin County does not have jurisdiction to hear the case. Other than the pending Dauphin County case, Plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the children in this or another court. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children other than, perhaps, Defendant's mother, Mary E. Witfle. 8. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Plaintiffis the natural mother of the children. (b) Plaintiff has established a relationship with the children. (c) Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the children. (d) The children should be permitted to enjoy the love, affection, and emotional support which has been solely provided by their natural mother. (e) Plaintiff has been the sole caretaker of the children since Defendant moved out approximately one year ago. (f) The Defendant has been in and out of jail and has a history of drug and assault convictions. 9. 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. In addition, Defendant's mother, Mary E. Wittle, will be given notice of the pendency of this action. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. WHEREFORE, the Plaintiff respectfully requests this Honorable court to grant her sole physical and legal custody of her children subject to supervised visitation with Defendant. Dated: .,~/" ~ '3 RESPECTFULLY SUBMITTED: Je ulos, COSTOPOULOS & WELCH 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY FOR PLAINTIFF SUSANN HARREN, Plaintiff VS. JEFFREY WITTLE, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · No. · CIVIL ACTION- AT LAW · CUSTODY VERIFICATION I, Susann Harren, hereby verify that the statements made in the foregoing Complaint in Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ¢' '~ - 2/)0~ Signature: S~ Harren SUSANN HARREN PLAINTIFF JEFFREY WITTLE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-539 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, February 12, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre Dawn S. Sunday, Esq. __, the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, March 18, 2003 at 10:30 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: /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 cous't, 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 1701. 3 Telephone (717) 249-3166 SUSANN HARREN, Plaintiff VS. JEFFREY WITTLE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-539 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this '~----3'f ~~ day of 2003, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1.The Mother, Susann Harren, and the Father, Jeffrey Wittle, shall have shared legal custody of Casie Harren-Wittle, born May 14, 1992, and Codi Harren-Wittle, born July 14, 1998. 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have periods of supervised custody with the Children at the residence of his sister, Jill Heckard, on alternating Saturdays beginning March 22, 2003. The first period of custody shall be for two hours, (from 9:00 am until 11:00 am or from 10:00 am until 12:00 noon), the second period shall be for four hours and the third and subsequent periods shall be for six hours, unless agreed otherwise between the parties. The specific times for the supervised periods of custody shall be arranged by agreement between the parties and Jill Heckard. 4. The Father shall have periods of supervised custody with the Children on Easter Sunday from 5:30 pm until 7:30 pm, on Memorial Day from 12:00 noon until 6:00 pm and on each Child's birthday from 5:30 pm until 7:30 pm. 5. All periods of partial custody shall be supervised by Jill Heckard or other adult selected by agreement of the parties. 6. The Mother shall transport the Children to and from Jill Heckard's residence for periods of custody, unless otherwise arranged by agreement of the parties. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. The parties and their counsel shall attend a second Custody Conciliation Conference in the office of the conciliator, Dawn Sunday, on Tuesday, August 5, 2003 at 8:30 am. 9. 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. In the absence of mutual consent, the terms of this Order shall control. BY THE CO'Ut~, CC: Jeanne B. Costopoulos, Esquire - Counsel for Mother John Broujos, Esquire - Counsel for Father SUSANN HARREN, Plaintiff VS. JEFFREY WITTLE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-539 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Casie Harren-Wittle Codi Harren -Wittle May 14, 1992 Mother July 14, 1998 Mother 2. A Conciliation Conference was held on March 18, 2003, with the following individuals in attendance: The Mother, Susann Harren, with her counsel, Jeanne B. Costopoulos, Esquire, and the Father, Jeffrey Wittle, with his counsel, John H. Broujos, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator