HomeMy WebLinkAbout07-3339•
MELISSA A. NYGAARD,
Plaintiff
v.
GREGORY K. BERRIER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
CUSTODYNISITATION
NO. 07- 3 ~ 3 9 ~ ~ ~ ~ CIVIL TERM
COMPLAINT FOR CUSTODY
1. The Plaintiff is Melissa A. Nygaard, residing at 313 Croghan Drive, Carlisle,
Pennsylvania 17013.
2. The Defendant is Gregory K. Berrier, residing at 310 E. Louther Street,
Carlisle, Pennsylvania 17013.
3. Plaintiff seeks custody of the following children:
NAME RESIDENCE DOB AGE
Madison Nygaard 313 Croghan Dr., Carlisle 07/14/06 11 mths
4. The child was born out of wedlock.
5. The child is presently in the custody of Melissa A. Nygaard.
6. During her life, the child has resided with the following persons and at the
following addresses:
NAME ADDRESS DATES
Melissa, Jeff & Annette Nygaard 313 Croghan Drive, Carlisle 01/11/07-Present
Melissa Nygaard & Gregory Berrier 310 E. Louther Street, Carlisle 12/21 /06-01 /11 /07
Melissa, Jeff & Annette Nygaard 313 Croghan Drive, Carlisle 07/14/06-12/21/06
7. The mother of the child is Melissa A. Nygaard, currently residing at 313
Croghan Drive, Carlisle, Pennsylvania 17013. She is unmarried.
8. The father of the child is Gregory K. Berrier, currently residing at 310 E.
Lowther Street, Carlisle, Pennsylvania 17013. He is unmarried.
9. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff
currently resides with the following persons: Jeff, Annette and Madison Nygaard,
parents and child.
10. The relationship of the Defendant to the children is that of Father. The
Defendant currently resides with the following persons: Christopher Munn, Friend.
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 children
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 rights with respect to
the child.
14. The best interest and permanent welfare of the children will be served by
granting the relief requested for the following reasons:
A. Plaintiff has undertaken and performed the primary parental
responsibilities for the child; and
B. Plaintiff is best able to provide the care and nurture which the child
needs for healthy development; and
C. A Court Order of custody and structured visitation is desired so that
the Plaintiff and the child may plan their schedules accordingly, and
so that misunderstandings and unmet exceptions regarding
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custody and visitation can be avoided, and also so that the child is
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 child.
E. A Court Ordered determination of custody is required to avoid
continuing conflict between the parties regarding parental
responsibility for custody and support.
F. Defendant frequently abuses alcohol and is therefore unreliable as
custodian 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 has been named as parties to this
action.
WHEREFORE, Plaintiff requests the Court to grant custody of the children to
Plaintiff subject to structured partial custody by the Defendant pending the hearing.
Respectfully submitted,
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By; ~_
Paul Bradford Orr, Esquire
Attorney for Plaintiff
50 East High Street
Carlisle, PA 17013
Telephone: (717) 258-8558
Supreme Court ID No. 71786
VERIFICATION
I verify that the statements made in the foregoing Custody 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 unsworn falsification to authorities.
DATE: ~ + ~ C~~
elissa A. Nygaard, a ti ner
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MELISSA A. NYGAARD IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
GREGORY K. BERRIER
DEFENDANT
• 07-3339 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, June 08, 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, July 06, 2007 at 1:00 PM
for aPre-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
arder. 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/ ohn .Man an r. Es .
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. 17013
Telephone (717) 249-3166
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