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HomeMy WebLinkAbout03-3128NICOLE GLORY, Plaintiff MICHAEL D. NEWCOMER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. ~:p,~- ~.~/,~ ~ CML ACTION- LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Nicole Glory, who currently resides at 430 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Michael D. Newcomer, Jr., who currently resides at 1615 Sapphire road, York, York County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Anthony Maurice Newcomer-Glory Date of Birth: August 28, 2001 Address: 430 North Hanover Street Carlisle, Pennsylvania 4. The child was bom out of wedlock. 5. The child is presently in the custody of Nicole Glory, 430 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3 and at the following addresses: Name Address Nicole Glory 430 N. Hanover Carlisle, PA During the child's lifetime, he has resided with the following persons Date Birth to present 7. The mother of the child is Nicole Glory, who currently resides at 430 N. Hanover Street, Carlisle, Pennsylvania. 8. Mother of the child, Nicole Glory is separated. 9. The father of the child is Michael D. Newcomer, Jr., who currently resides at 1615 Sapphire road, York, York County, Pennsylvania. 10. Father of the child, Michael D. Newcomer, Jr., is not married. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 14. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 4 15. The 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. 16. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor child since his birth. She has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iff. Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Mother. c. Mother is able to provide a stable environment for the child. 17. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. 5 WHEREFORE, the Plaintiff requests that this Court return primary physical custody of the child to the Plaintiff/Mother. Respectfully submitted, ABOM & KUTUId~I$, L.L.P. DATE Kara W. Haggerty (3(3 ~ ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 35 44~day of <~~ 2003, I, Kara W. Haggerty, Esquire, of Abom& Kumlakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Michael Newcomer, Jr. 1615 Sapphire Road York, PA 17404 Respectfully submitted, Aborn & Kutulakis, L.LP. ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, NICOLE GLORY, verify that the statements made in the foregoing Custody Complaint are 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. [ 4904 relating to unswom falsification to authorities. NICOLE GLORY : PLAINTIFF : V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3128 CIVIL ACTION LAW MICHAEL D. NEWCOMER DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 10, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland Count}, Courthouse, Carlisle on Thursday, August 14, 2003 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an ef~brt 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 hearinl~. FOR TIlE COURT, By: /s/ Hubert X. Gilroy. 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 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 heating. YOU SHOULD TAKE TItlS 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 17013 Telephone (717) 249-3166 SEP 0 2 20~3 ,~ NICOLE GLORY, Plaintiff V MICHAEL D. NEWCOMER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003- 3128 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~la~y of A~,,~ upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Nicole Glory, shall enjoy legal and physical custody of Anthony M. Newcomer-Glory, born August 28, 2001. CC: ,~Y6hn A. Abom, Esquire In the event Father desires to seek any type of custody rights or visitation rights with the child, Father may initiate an appropriate petition with the court at that particular time. BY THE CO ,~lichael D. Newcomer 1615 Sapphire Road York, PA 17404-4426 NICOLE GLORY, Plaintiff V MICHAEL D. NEWCOMER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2003- 3128 CIVIL : IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Anthony M. Newcomer-Glory, born August 28, 2001. A Conciliation Conference was held on August 14, 2003, with the following individuals in attendance: The Mother, Nicole Glory, with her counsel, John A. Abom, Esquire; and the Father, Michael D. Newcomer, who appeared without counsel. 3. The parties agree to the entry of an order in the form as attached. Hubert X. Gilroy~Esquire Custody Conci~tor