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HomeMy WebLinkAbout03-1566PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 Law Offices of Peter J. Russo, P. C. 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 KARA DESMA WINFREY, Plaintiff V. DAVID R. L. MUTZABAUGH, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - / S(, L. 010 CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, Kara Desma Winfrey, by and through her attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1. The Plaintiff is Kara Desma Winfrey, residing at 411 E. Main Street, Apt. 2, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is David R. L. Mutzabaugh. residing at 3917 Jonestown Road, Harrisburg, Dauphin County, Pennsylvania 17109. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Gavin M. L. Winfrey 411 East Main Street, Apt. 2, Camp Hill, PA 12/26/01 4. Gavin M. L. Winfrey was born out of wedlock. 5. The child is presently in the custody of Plaintiff, who resides at 411 E. Main Street, Apt. 2, Camp Hill, Pennsylvania 17011. 6. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Duration Mother 411 E. Main St., Apt. 2 03/30/03-present Camp Hill, PA 17011 Mother and Father 411 E. Main St., Apt. 2 02/22/02-03/30/03 Camp Hill, PA 17011 Mother and Father 320 R. Bridge St., Apt. 98 12/26/01-02/22/02 New Cumberland, PA 17070 7. The mother of the child is Plaintiff, currently residing at 411 E. Main Street, Apt. 2, Camp Hill, Pennsylvania 17011. The mother is single. 8. The father of the child is Defendant, currently residing at 3917 Jonestown Road, Harrisburg, Pennsylvania 17109. The father is single. 9. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Gavin M. L. Winfrey Son 10. The relationship of Defendant to the child is that of father. The Defendant currently resides with the following persons: Name Unknown Relationship 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. 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 right with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is and has been the primary caretaker of the child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests this Honorable Court to order that primary physical and legal custody of the minor child, Gavin M. L. Winfrey, be placed with Plaintiff. Respectfully submitted, Peter J. Russo Attorney for Plaintiff Date: L4/:? 10-3 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 KARA DESMA WINFREY, . Plaintiff V. DAVID R. L. MUTZABAUGH, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - CIVIL ACTION - LAW CUSTODY VERIFICATION I, Kara Desma Winfrey, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: a ?w `f C7 C-^ Lrro ?y i CJS KARA DESMA WINFREY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID R.L. MUTZABAUGH • 03-1566 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, April 11, 2003 , 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 Wednesday, May 14, 2003 at 8.30 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/ awn Sunday, F a. & 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 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 32 South Bedford Street Carlisle, Pennsylvania 1701.3 Telephone (717) 249-3166 17 ? ??e ? £a ?l•?i 'i •L"'° ? ?/ ?i r _ f ,may KARA DESMA WINFREY, Plaintiff VS. DAVID R.L. MUTZABAUGH Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1566 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 2y '0 day of +"A, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kara Desma Winfrey, and the Father, David R.L. Mutzabaugh, shall have shared legal custody of Gavin M.L. Winfrey, born December 26, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have periods of visitation or daytime/evening partial custody as arranged by agreement between the parties at least one day in advance. 4. Both parties shall ensure that the Child is transported in an age appropriate car seat at all times. 5. 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. VINan7,?gNPGd a?:6 WV ?, e,?vwcri) A6 6. In the event that the Father wishes to review or adjust the custody arrangements set forth in this Order, the Father may file a petition with the Court requesting that an additional custody conciliation conference be scheduled. BY THE COURT, cc: Scott A. Stein, Esquire - Counsel for Mother 5= 7 _03 David R.L. Mutzabaugh, Father KARA DESMA WINFREY, Plaintiff vs. DAVID R.L. MUTZABAUGH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1566 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Gavin M.L. Winfrey December 26, 2001 Mother 2. A Conciliation Conference was held on May 14, 2003, with the following individuals in attendance: The Mother, Kara Desma Winfrey, with her counsel, Scott A. Stein, Esquire. The Father, David R.L. Mutzabaugh, did not appear for the conference or contact the conciliator. According to the Mother's counsel, the Father was properly served with notice of the conference and also had a telephone conversation with the Mother concerning the conference on the previous day. 3. The Mother filed this petition for primary physical custody of the Child. According to the Mother, the Child has lived exclusively with her since the parties separated in March 2003. Although the Mother stated that she wants the Father to have a close relationship with the Child, the Father does not have housing or other essentials for the Child at the present time. The Mother expects that the custody arrangements would be adjusted to a more specific and expanded schedule when the Father establishes a stable home environment. 4. Based on representations made by the Mother at the conference and the fact that the Father did not attend or contact the conciliator, the conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator 0 !. KARA DESMA WINFREY I'L..AIN'TIFF V. DAVID R. L. MUTZABAUGH UF:FI;NDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 2003-1566 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Mond~June 14, 2010 ___, upon consideration of the attached Complaint, it i~ herehy directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, July 22, 2010 at 1:30 PM for a Prc-Hearin, C: ustodv 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. "1'hc 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, Es~~ Custodv Conciliator l~he Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disahilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact olir office. .All arrangements must be mride 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 A"t ONCE. IF YOU DO NOT HAV1~: AN A l'TORNEY 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 ~.,, / ~1~~ C> o Co • ~ ~• ~ ~ `-"" ~' C'~ ~~' to 3? South Bedford Street ~~ ~~ .fib ~~~~~~• Carlisle, Pennsylvania 17013 ~ ~ ~~_ Telephone (717) 249-3166 =_ ~-r c: ~ c.' i r: ~' 1 s• t c~ c ~ ~es~ ~4-o sw~ ~ L ~~ U `;=, --~ -n :;t ~l ~~ y KARA DESMA WINFREY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA r.~ c - vs. 2003-1566 CIVIL ACTION LAW ~`=' DAVID R. L. MUTZABAUGH 4 Defendant IN CUSTODY .._ _ ~ -- ORDER OF COURT 3~,.~ Q c== 1 __ AND NOW, this ~'! ~ day of /~~.t ~ ~ 2010, upon consideration of the attached Custody Conciliation Repo it is rdered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary to a custody evaluation to be performed by a professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning the Child's best interests in light of the Father's request to reestablish contact with the Child. In the absence of a current ongoing custody schedule, it is also the purpose of the evaluation to obtain interim recommendations for contact between the Father and the Child pending completion of the evaluation as soon as possible after the evaluator has obtained sufficient information. The parties shall follow the interim recommendations of the evaluator pending completion of the evaluation and receipt of the evaluator's written recommendations. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties and the Child. All costs of the evaluation shall be shared equally between the parties. 2. The parties shall select the custody evaluator within seven days of the date of the custody conciliation conference with the assistance of counsel. Thereafter, both parties shall schedule their respective appointments and the appointments for the Child and significant others promptly and complete the evaluation in a timely manner. 3. Within 60 days of receipt of the custody evaluator's written recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. BY THE COURT, evin A ss J. cc: /John J. Connelly, Jr. Esquire -Counsel for Father / John M. Kerr, Esquire -Counsel for Mother CP~pieS Ix.a,~~r-~ ~~/o fta L°L' ~ KARA DESMA WINFREY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2003-1566 CIVIL ACTION LAW DAVID R. L. MUTZABAUGH Defendant Prior Judge: Kevin A. Hess 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Gavin M. L. Winfrey December 26, 2001 Mother 2. A custody conciliation conference was held on July 22, 2010, with the following individuals in attendance: the Mother, Kara D. Winfrey, with her counsel, John M. Kerr, Esquire, and the Father, David R. L. Mutzabaugh, with his counsel, John J. Connelly, Jr., Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator