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HomeMy WebLinkAbout08-0001i Alyssa I. Miller, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-01 Civil -FerM V. CUSTODY ACTION James A. Gross Jr. Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Alyssa I. Miller residing at 9 Otto Ave, Carlisle, PA 17013. 2. The Defendant is James A. Gross Jr. residing at 179 Hair Rd, Newville, PA 17241. 3. Plaintiff seeks custody of the following children: Name Present Residence Age_ Hunter J. Gross 9 Otto Ave, Carlisle, PA 17241 9 months (4/6/07) 4. Hunter was born out of wedlock to Defendant, James A. Gross Jr., and Plaintiff Alyssa I. Miller. 5. The child was in custody of Plaintiff who resides at the referenced above address, until Defendant took baby from present Child Care Provider, Annette Noel. 6. During the past eight (8) months the child has resided with the following persons and the following addresses: Persons Address Dates Plaintiff 9 West Main St, Newville, 4/8/07 to 12/1/07 PA 17241 Plaintiff 9 Otto Ave, Carlisle, Pa 17013 12/1/07 to Present 7. The Mother of the child is the Plaintiff, Alyssa I. Miller. She is currently single. 8. The Father of the child is the Defendant, James A. Gross Jr. He is currently single. 9. The relationship of the Plaintiff to Hunter is of mother. Plaintiff stands in physical custody to Hunter. The Plaintiff currently resides with herself and mother and step father at the referenced above address. 10. The relationship of the Defendant to Hunter is of father. The Defendant currently resides with himself and mother and boyfriend and the referenced above address. 11. Plaintiff has not participated as a party of witness or in another capacity in other litigation concerning 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 the Commonwealth or any other state. 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 child will be served by granting relief requested because mother has played an active role and nurturing role in the development of the child and the continued relationship would be in the best interests 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. WHEREFORE, Plaintiff, Alyssa I. Miller, requests the Court to grant her primary physical custody of the child and the Defendant periods of visitation to the child. Respectfully Submitted, Alyssa 1. Miller sy, /-??? VERIFICATION I, Alyssa L Miller, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C. S. A. 4904 relating to unworn falsification to authorities. ,-?Lw 4 d ! l ALfYISSSA I. MILLER Dated : l -01 !y U C? CID v ' t R v , ALYSSA I. MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES A. GROSS, JR. DEFENDANT 2008-0001 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 03, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, January 28, 2008 at 9:30 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. 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/ jaequelrne M. Verne 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 v I // "y i S I d C- NVr BOOZ h't?lb'IONUn u d 3AHi A4 ! 'IL JAK &S 2w) ALYSSA I. MILLER, : IN THE COURT OF COMMION PLEAS OF Plaintiff : CUMBERLAND/COUNTY, PENNSYLVANIA VI. : NO. 2008-0001 ? CIVIL ACTION - LAW JAMES A. GROSS, JR., Defendant : IN CUSTODY JAMES A. GROSS, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VI. : NO. 2008-0043 ALYSSA I. MILLER, :IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Alyssa I. Miller and the Father, James A. Gross, Jr., shall have shared legal custody of Hunter James Gross, born April 6, 2007. 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of supervised visitation, with paternal grandmother acting as the supervisor, as follows: A. Every Tuesday and Thursday from 5:00 p.m. to 7:00 p.m. B. Beginning February 8, 2008 alternating weekends, Friday at 5:00 p.m. to Sunday at 6:00 p.m. 4. Transportation shall be shared such that the parties shall exchange custody at the Carlisle State Police Barracks. Paternal grandmother shall transport for Father. 5. 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. Another Custody Conciliation Conference is scheduled for Thursday, February 28, 2008 at 8:30 a.m. BY,T49E COURT, Edward E. Guido, J. cc: Harold S. Irwin, III, Esquire, Counsel for Mother Mark F. Bayley, Esquire, Counsel for Father 7 JAh 1, & 200e ALYSSA I. MILLER, Plaintiff V. JAMES A. GROSS, JR., Defendant JAMES A. GROSS, JR., Plaintiff V. ALYSSA I. MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0001 CIVIL ACTION - LAW : IN CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0043 IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Hunter James Gross April 6, 2007 Mother 2. A Conciliation Conference was held in this matter on January 28, 2008, with the following in attendance: The Mother, Alyssa I. Miller, with her counsel, Harold S. Irwin, III, Esquire, and Father's counsel, Mark F. Bayley, Esquire. Father did not appear due to incarceration on a PFA violation. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated January 4, 2008 in a PFA matter at docket No. 2008-58 providing for visitation as agreed by the parties. 4. The parties agreed to an Order in the form as attached. -0,y Date /VL acq eline M. Verney, Esquire Custody Conciliator