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HomeMy WebLinkAbout08-0066 MALLORY WICKARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08 - 44 CIVIL TERM JUSTIN STROM, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Mallory Wickard, residing at 1523 Newville Road, CumberlandCounty, Carlisle, Pennsylvania 17241. 2. The defendant is Justin Storm, residing at 826 Maryland Avenue, York County, York, Pennsylvania 17404. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Regan Storm 1523 Newville Road 10/23/04 3years Carlisle, PA The child was born out of wedlock The child is presently in the custody of Mallory Wickard who resides at 1523 Newville Road, Cumberland County, Carlisle, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Mallory Wickard 251 McAllister Church Road 10/04-11/06 Carlisle, PA Mallory Wickard 2121 Sir Lancelot Drive 11/06-11/07 Harrisburg, PA Mallory Wickard 1523 Newville Road 11/07-Present Carlisle, PA 4. The mother of the child is residing at 1523 Newville Road, Cumberland County, Carlisle, Pennsylvania. C.? She is not married. The father of the child is Justin Storm, currently residing at 826 Maryland Avenue, York County, York, Pennsylvania He is not married. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons. Name Regan Storm Relationship Child 6. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons. Name Self Relationship 7. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. 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 expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. s 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. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. Plaintiff continues to maintain the same family household for the child that has been maintained since birth. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER & ASSOCIATES Date: 3 U? Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff 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. M ry Wickard, Plaintiff a T_ MALLORY WICKARD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JUSTIN STORM DEFENDANT 2008-0066 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 Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February, 01, 2008 at 8:30 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/ Hubett X, Gyro Es q. 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 zl 1- ? Sd,: JA :y V.J N s \kP MAR os moe? MALLORY WICKARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JUSTIN STORM, NO. 2008-0066 Defendant IN CUSTODY COURT ORDER AND NOW, this 10 day of wry, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse on the m. t this hearing, the I'1'K day of `Yk.4At-A , 2008, at 2: DO t-th Mother shall be the moving party and shall proceed initially testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the above mentioned hearing date. 2. Pending further Order of this Court, it is ordered and directed that the custody arrangements as set forth in the Protection From Abuse Order docketed at 2007-7489 are vacated and replaced with the following TEMPORARY Custody Order: a. Mother, Mallory L. Wickard, and Father, Justin Storm, shall enjoy shared legal custody of Regan C. Storm, born October 23, 2004. b. Mother shall enjoy primary physical custody of the minor child. C. Father shall have periods of temporary physical custody of the minor child from every Sunday at noon until Monday at 4:30 p.m. The parties shall exchange custody of the minor child on Sunday at McDonald's in New Cumberland and on Monday Father shall deliver the child to the child's ballet class at 4:30 p.m. Father shall also have periods of temporary custody at such other times as the parties may agree. In the event legal counsel for the parties determine that another Custody Conciliation may aid in a final resolution of this case in advance of the scheduled hearing, legal counsel for the parties may contact the Custody Conciliator to schedule another Conciliation Conference. cc: " Jeanne B. Costopoulos, Esquire Vincent Monfredo, Esquire 0-4?5f I !ES MtIE L-L a/,/e U.j a xr tVl ? a l Cy ?+7UJ __ t2. # 4b. MALLORY WICKARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JUSTIN STORM, NO. 2008-0066 Defendant IN CUSTODY PRIOR JUDGE: Honorable Edgar B. Bayley 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 child who is the subject of this litigation is as follows: Regan Storm, born October 23, 2004 2. A Conciliation Conference was held on February 21, 2008, with the following individuals in attendance: Mallory Wickard, Mother, was present with her counsel, Vincent Monfredo, Esquire, and Justin Storm, Father, with his counsel, Jeanne B. Costopoulos, Esquire. 3. There is currently a PFA entered with a provision for custody to be provided to the Father every Sunday at noon until Monday at 5:00 p.m. Father is seeking to expand his time of temporary custody at this point and is looking to have custody from Sunday through Tuesday of every week. Mother is resistant and notes that the current Order reflects what has been happening the past three years and she does not see any point in Father's temporary custody being expanded. A hearing is requir and the Conciliator recommends an Order in the form as attached. Date: a (t 09 Hubert X. Gilro , Esquire Custody Cone' ator MALLORY WICKARD, Plaintiff vs. JUSTIN STORM, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2008-0066 IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, this Sd ` day of March, 2008, come the parties, Mallory Wickard, Plaintiff. and Justin Storm, Defendant, and respectfully request the following Stipulation to be entered as an Order of Court: WHEREAS the parties, Mallory Wickard (the Mother hereinafter) and Justin Storm (the Father hereinafter), have born to them one (1) child, namely Regan C. Storm, born October 23, 2004 (the child hereinafter); and, WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the child; and WHEREAS, both parties have been provided an opportunity to review this Stipulation with counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: LEGAL CUSTODY: The parties shall share legal custody of the child. The parties agree that major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made 1 ti Y ' . by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate. the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parry shall inform the other party of the emergency and consult with them as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist. teacher, professional or authority and to have copies of any reports given to any party. 2. PHYSICAL CUSTODY: Mother shall have primary physical of the child subject to periods of partial custody with Father from every Sunday at noon until Monday at 4:30 p.m. Father shall also have periods of temporary custody at such other times as the parties may mutually agree. 3. SUMMER VACATION: Each party shall have one (1) week of exclusive custody of the child each summer on giving of thirty (30) days notice to the other party. A week is defined as at seven consecutive days. 4. HOLIDAYS: The parties shall share custody of the child on major holidays as follows: 2 a. Easter: Mother shall have custody of the child in all even numbered years and Father shall have custody in all odd numbered years on Easter day from 8:00 a.m. until 8:00 p.m. b. Memorial Day Father shall have custody of the child in all even numbered years and Mother shall have custody in all odd numbered years on Memorial Day from 8:00 a.m. until 8:00 p.m. c. Independence Day: Mother shall have custody of the child in all even numbered years and Father shall have custody in all odd numbered years on July 4th from 8:00 a.m. until 8:00 p.m. d. Labor Day Father shall have custody of the child in all even numbered years and Mother shall have custody in all odd numbered years on Labor Day from 8:00 a.m. until 8:00 p.m. e. Thanksgiving: Mother shall have custody of the child in all even numbered years and Father shall have custody in all odd numbered years on Thanksgiving Day from 8:00 a.m. until 8:00 p.m. f. Christmas Segment A: Father shall have custody of the child in all even numbered years and Mother shall have custody in all odd numbered years from Christmas Eve at noon until Christmas Day at noon. g. Christmas Segment B: Mother shall have custody of the child in all even numbered years and Father shall have custody in all odd numbered years from Christmas Day at noon until December 26`x' at noon. 3 h. Mother's Dav/Father's Dav: Mother shall have custody of the child every Mother's Day and Father shall have custody of the child every Father's Day from 8:00 a.m. until 8:00 p.m. i. The holiday schedule shall supersede and take precedence over the regular custody schedule. J. Father shall provide Mother at least 48 hours advance notice if he does not intend to exercise custody for a holiday on which he is scheduled to work. 5. TRANSPORTATION: All custody exchanges shall take place at McDonald's in New Cumberland, except that if the child is scheduled to attend ballet class on Monday then Father shall deliver the child directly to ballet class. 6. DISPARAGING REMARKS: Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child. 7. DRUGS/ALCOHOL: During any period of custody or visitation, the parties shall not possess or use any un-prescribed controlled substance; neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 8. RELOCATION: The child shall not be relocated from Cumberland County absent either the express written consent of the non-custodial party or further order of court. 4 „ w y 9. VOLUNTARY EXECUTION AND FAIRNESS OF THE AGREEMENT: Each party acknowledges that this Custody Stipulation has been entered into by his or her own volition, with full knowledge of the facts and full information as to his or her legal rights, each party having been provided ample opportunity to discuss with his or her independent legal counsel, specifically, Vincent Monfredo. Esquire, for Mother, and leanne B. Costopou?cs, Esquire, for Fall er, of the c4fect of the terms of this Custody Stipulation and that each believes this Custody Stipulation to be reasonable and in the best interest of the child under the circumstances and not the result of any duress or undue influence. 10. SUPERSEDEAS OF PRIOR COURT ORDERS: This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. 11. ENTRY AS AN ORDER OF COURT: It is the intention of the parties that this Custody Stipulation may be entered as an Order of Court, as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. IN WITNESS THEREOF, and intending to be legally bound thereby, the parties hereto have hereunto set their hands and seals and the date of their acknowledgment. WITNESS: Vincent Monfredo, Esquire Je nne B. Costopoulos, Esquire J c cr.) t :z cx: -? FAR 2 l 200yr' MALLORY WICKARD, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW JUSTIN STORM, : NO. 2008-0066 Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2008, upon consideration of the within STIPULATION FOR CUSTODY, which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that the contents of said Stipulation are hereby adopted as an Order of Court with full weight and effect as if they had been set forth in full hereinafter. Any and all prior Orders in this matter are hereby vacated. BY iugar B. Bayley, J. cc: /eanne B. Costopoulos, Esquire /(Vincent Monfredo, Esquire 0-6 tGS 01Y t EEL ??1 rn