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HomeMy WebLinkAbout08-0043JAMES A. GROSS, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ALYSSA I. MILLER :NO. D& 003 CIVIL TERM Defendant. : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, James A. Gross, Jr., by and through his attorney, Mark F. Bayley, Esquire, and presents the following complaint for custody, representing as follows: 1. The Plaintiff, James A. Gross, Jr., an adult individual residing at 179 Hair Rd., Newville, PA 17241. 2. The Defendant, Alyssa I. Miller, an adult individual residing at 9 West Main Street, Newville, PA 17241 3. Plaintiff seeks custody of the following child: Name Present Residence Age D/OB Hunter James Gross Unknown 8 Months Old 4/6/07 4. The child was born out of wedlock 5. The child is presently in the custody of Alyssa I. Miller, who is residing at 9 West Main Street, Newville, PA. 6. Since birth, the child has resided with the Plaintiff at 179 Hair Rd., Newville, PA with the following persons: Name Relationship Dates Alyssa Miller Mother 12/14/07-Present Pamela Walker Grandmother Birth-12/14/07 Brian Barrick Uncle Steve Seibert Friend 7. The mother of the child is Alyssa I. Miller, residing at 9 West Main Street, Newville, PA. She is not married. 8. The father of the child is James Gross, Jr., residing at 179 Hair Rd., Newville, PA. He is not married. 9. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons. Name Relationship Pamela Walker Mother Brian Barrick Brother Steve Seibert Friend 10. The relationship of the Defendant to the child is that of natural mother. The child is currently in the custody of the defendant. 11. The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the child is this or any other Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth or any other state. 13. Plaintiff does not know of a person nor a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interests and permanent welfare of the child require a custody order to be entered by agreement of the parties or otherwise as deemed appropriate by the Court. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference. Date: Respectfully submitted, BAYLEY & MANGAN LMark AF. Bayley, !Es' e 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff JAMES A. GROSS, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW ALYSSA I. MILLER :NO. 09- 66q3 CIVIL TERM Defendant. : IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. JJeOFACL. Gross, J Plaintiff o c- C?o -n Him -? ,-5 'IVA c: w ? JAMES A. GROSS, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ALYSSA I. MILLER DEFENDANT 2008-0043 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 10, 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/ ac ueKne 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 t [. t .1 tip let,_ to 7 c?a t? ?o Iy v .01 ZIW@ 3,v? JAN 911 ALYSSA I. MILLER, : IN THE COURT OF COMMON 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 P , 2008, upon consideration of the attached Custody Conc iation 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 Edward E. Guido, J. cc: Harold S. Irwin, III, Esquire, Counsel for Mother Mark F. Bayley, Esquire, Counsel for Father t`` MNVA'IASNN3d Z I: i l Wit I£ Nvr 9002 kWiO OrUO8dW 40 30t?- A JAN $ $ ?Oar ALYSSA I. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-0001 CIVIL ACTION - LAW JAMES A. GROSS, JR., Defendant : IN CUSTODY JAMES A. GROSS, JR., Plaintiff V. ALYSSA I. MILLER, Defendant : 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. / - aS, -o F Date acq eline M. Verney, Esquire Custody Conciliator JAMES A. GROSS, JR. PLAINTIFF V. ALYSSA I. MILLER DEFENDANT ~~~/may, Ff~. ~, ~~%r, AND NOW, Wednesday, September O5, 2012 ,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 Wednesday, October 03, 2012 at 10:30 AM 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 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/ Jacqueline M. Vemey, 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 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. ,~ /nak ~: r~a~~~~~ IN THE COURT OF COMMON PLEAS'OF c~ ,,,~ c CUMBERLAND COUNTY, PENNSYLVA «~ ^~ -~ -+ ~~ ~ ~r= . ..~ n ~ Q~"' . • 2008-43 CIVIL ACTION LAW t ~ "'~ 4_'a ~ ,. ~~;~ ~,. C IN CUSTODY ~ !~ C?~ ") =r ~ ~ ~ tV ~ . ,,.~ ORDER OF COURT Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~n~~%~~' ~~ ~ /fl~~/~d qls //z