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HomeMy WebLinkAbout08-6101JOHN STOVER, Plaintiff vs. BRIDGET MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. OF, 4101 e? ?? Civil Term IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is John Stover, who currently resides at 103 E. Main Street, Mechanicsburg, Cumberland County, Pa., 17055. 2. Defendant is Bridget Myers, whose current address is 709 Market St., Lykens, Dauphin County, Pa. 17048. 3. Plaintiff is the Father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Alexander Stover 1/24/99 (9) 103 E. Main St. Mechanicsburg, Pa. 17055 Mother and Father were never married. Father currently has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES John Stover 103 E. Main St. June Stover Mechanicsburg, Pa. 17055 Sarah Stover, (4), step-sister Chloe Miller, (11), step-sister John Stover 4827 E. Trindle Rd. June Stover Mechanicsburg, Pa. 17055 Chloe Miller DATES 2002 - present 2002 - 2004 The mother of the child is Bridget Myers. She currently resides at 709 Market St., Lykens, Pa. 17048. She is not married. The father of the child is John Stover. He currently resides at 103 E. Main St., Mechanicsburg, Pa. 17055. He married June Stover on August 14, 2003. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the child, his wife, their other child, and step-child. 5. The relationship of defendant to the child is that of Mother. The defendant currently lives with her boyfriend. 6. 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 or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: -Father has had primary custody of the child since 2002 Mother has had periods of partial physical custody of the child as the parties have agreed Father is seeking a custody Orderwhich would confirm that the parties share legal custody, would confirm that he has primary physical custody and would define Mother's periods of partial physical custody. This request is the in the best interest of the child because it would provide stability for the child and ongoing contact with both parents 8. 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 enter a custody order regarding the child. Respectfully submitted, Date: C d • l - Q ?5- Pane Adams, Esquire I. D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION 1 verify that the statements made in this 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: pe?e?? -1 C?+ rv G7 r co =r JOHN STOVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6101 CIVIL ACTION LAW BRIDGET MYERS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 15, 2008 , 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 Thursday, November 20, 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/ john_J. Mangan, jr., Esq.,j1A Custody Conciliator f" 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 9S -Zl Wd S 1 130 goon DECC ,72% JOHN STOVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-6101 CIVIL ACTION LAW BRIDGET MYERS, IN CUSTODY ORDER OF COURT AND NOW this A day of December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, John Stover, and the Mother, Bridget Myers, shall have shared legal custody of Alexander Stover, born 01/24/1999. The parties shall have an equal right 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 of 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. 2. Physical Custody: Father and Mother shall arrange physical custody of Alexander as follows: a. Commencing Friday 12/19/08, Mother shall have physical custody of Alexander on alternating weekends from Friday at 5:30 pm until Monday morning, with the Mother ensuring the Child gets to school at the appropriate time. b. Mother shall have physical custody of Alexander every Tuesday from after school until 7:30 pm. C. Mother shall have physical custody of Alexander on the Monday following Father's weekend (every other Monday) from after school until 7:30 pm. d. During Alexander's summer vacation from school on a repeating basis until Alexander resumes school, starting the first Monday after Alexander is off from school, Mother shall have two (2) consecutive weeks (14 days) with Alexander followed by one week (7 days) with Father. These periods shall run from Monday 8:00 am until Monday 8:00 am. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall alternate and arrange a holiday schedule as mutually agreed upon. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. The parties have a right to request a status conference within two months of the date of this Order with the assigned conciliator. Absent said request, should the parties wish to change the instant Order, a petition to modify custody is required. 9. This Order is entered pursuant to 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. By the Court, ?AA distribution: J. ? ;rnidget e Adams, Esquire Myers, 59 West Main Street, Second Floor, Mechanicsburg, PA 17055 John J. Mangan, Esquire L Q,s ryk, d t LQL !af aa?o8 ?'i`:i _. r-, ?. ? . ? ,-i11;.. JOHN STOVER, Plaintiff V. BRIDGET MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6101 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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: Name Date of Birth Currently in the Custody of Alexander Stover 01/24/1999 Primary Father 2. A Conciliation Conference was held with regard to this matter on December 16, 2008 with the following individuals in attendance: The Mother, Bridget Myers, pro se The Father, John Stover, with his counsel, Jane Adams, Esq. 3. The parties agreed to the entry of an Order in the form as attached. - / 2" 119rz- Date 1 01