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Home My WebLink About07-6153 HEATHER KINSEY, Plaintiff V. MICHAEL PAUL HOWARD Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA NO. O?- G 15.3 ew?.l ?- CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Heather Kinsey, residing at 1510 Inverness Drive, Mechanicsburg, Cumberland County, PA 17050 . 2. Defendant is Michael Paul Howard, residing at 322 3rd Street, West Fairview, Cumberland County, PA 17025 . 3. Plaintiff seeks custody of the following children: Name Present Address Date-of-Birth Hannah Marie Howard 15 10 Inverness Dr. 10-20-03 Mechanicsburg, PA 17050 Kailyn Ann Howard 1510 Inverness Dr. 2-7-06 Mechanicsburg, PA 17050 4. The children were born out of wedlock. The children are presently in the custody of Plaintiff mother, residing at 1510 Inverness Drive, Mechanicsburg, PA 17050. 5. During the past five (5) years, the children have resided with the following persons the following address(es): Name Address Dates Heather Kinsey 1510 Inverness Drive 10-20-03 to present Earl Kinsey Mechanicsburg, PA 17050 Susan Kinsey 6. The mother of the children Heather Kinsey is currently residing at 1510 Inverness Drive, Mechanicsburg, PA 17050. She is single. V 7. The father of the children Michael Paul Howard is currently residing at 322 P Street, West Fairview, PA 17025. He is single. 8. The relationship of Plaintiff to the children is that of natural mother. Plaintiff currently resides with the following person(s): Name Relationship Earl Randall Kinsey children's maternal grandfather Susan Ann Kinsey children's maternal grandmother 9. The relationship of Defendant to the children is that of natural father. Defendant currently resides with the following person(s): Name Relationship Stella Catherine Richwine children's paternal grandmother Brooke father's girlfriend stays at home sometimes 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Mother has been the sole and primary caretaker of the children since birth; b. Mother is better able to provide a stable home and provide for the day to day needs of the children. 14. 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. WHEREFORE, Plaintiff Heather Kinsey requests the Court to grant her primary physical and legal custody of the children and grant Defendant Michael Paul Howard partial periods of custody as deemed appropriate. Date: ?'V o' I Respectfully submitted, JOANNE HARRISON CLOUGH, PC Joanne lVarrison Clough,-V Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for T 4? VERIFICATION I, Heather Kinsey, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn verification to authorities. DATE: 7 ?j? U Heather Kinsey 70 3 c co V HEATHER KINSEY PLAINTI F V. MICHAEL PAUL HOWARD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6153 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 25, 2007 , upon consideration of the attached Complaint, it is hereby directed that p rties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumber and County Courthouse, Carlisle on Thursday, November 29, 2007 at 9:30 AM for a Pre-Hearing Custod Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accompli hed, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age fi e 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 hereb directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, a d Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Giko Es q. Ilk Custody Conciliator The Courtof 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 disable individuals having business before the court, please contact our office. All arrangements must be made at lea t 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heari g. YOU SH ULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTO NEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW T FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?-e- 471 O i,l _Z d S? 1.30 LODZ DHI JO 113 - _ P. y ? ? ? ?" 2C??lY`T' HEATHER KINSEY, Plaintiff v MICHAEL PAUL HOWARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6153 IN CUSTODY COURT ORDER AND NOW, this ` day of December, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Heather Kinsey, shall enjoy legal and physical custody of Hannah Marie Howard, born October 20, 2003, and Kailyn Ann Howard, born February 7, 2006. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children at such times and under such circumstances as agreed upon by the mother. 4. In the event the father desires to modify this order, the father may petition the court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, J cc: Joanne Harrison Clough, Esquire Michael Paul Howrd a eorm maICCL /.Z/7)07 '?.. r? ?`. - ' ?+ -'r., ? d ' . T ,,.., r _• , __.. t`+ -. L .. ? ? ' ' 1 CV (.? HEATHER KINSEY, Plaintiff v MICHAEL PAUL HOWARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007-6153 IN CUSTODY 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Hannah Marie Howard, born October 20, 2003, and Kailyn Ann Howard, born February 7, 2006. 2. A Conciliation Conference was held on November 30, 2007, with the following individuals in attendance: The mother, Heather Kinsey, with her counsel, Joanne Harrison Clough, Esquire, and the father did not appear, and the mother related that the father is currently incarcerated at the Cumberland county Prison. Mother further related that she has had custody of the minor children since June of 2007 and father has had sporadic contact with the children since that time. 3. The Conciliator recommends an Order in the form as attached. Date: 0' ?-U Hubert X. GX(oy, Esquire Custody nciliator