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HomeMy WebLinkAbout04-1517Melissa A. Sager, Plaimiff Peter J. Alexander, Jr., Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Oq-ISl'7 : IN CUSTODY CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff is Melissa A. Sager, residing at 2907 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. The defendant is Peter J. Alexander, Jr., residing at 88 Walker Road, Bigler, Clearfield County, Pennsylvania 16825. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Zoe M. Alexander 2907 Warren Way 8/20/99 4 yrs. 7 mos. Carlisle, PA 17013 The child was bom out of wedlock The child is presently in the custody of Melissa A. Sager, residing at 2907 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17050 for 4-5 days per week and with Peter J. Alexander, Jr., residing at 88 Walker Road, Bigler, Clearfield County, Pennsylvania 16825 for 2-3 days per week. During the past five years, the child have resided with the following persons and at the following addresses: List All Persons Peter Alexander & Melissa A. Sager Peter Alexander List All Addresses P. O. Box 324 Bigler, PA 16825 88 Walker Road Bigler, PA 16825 Dates 8/20/1999 - 10/2000 10/2000 to present 2-3 days per week Melissa Sager Melissa Sager Melissa Sager Melissa Sager Melissa Sager Allport, PA 5 days, house burnt down Alport, PA With mother P. O. Box 324 Bigler, PA 16825 4183 Kylertown Drifting Hwy. Morrisdale, PA 16858 2907 Warren Way Mechanicsburg, PA 17050 10/2000 - 10/2000 10/2000- 1/2001 9/2000 to 10/2002 4-5 days per week 10/2002 to 5/2003 4-5 days per week 5/2003 to present 4-5 days per week 10. The mother of the child is Melissa A. Sager, residing at 2907 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. She is unmarried. The father of the child is Peter J. Alexander, Jr., whose mailing address is 88 Walker Road, Bigler, Clearfield County, Pennsylvania 16825. He is unmarried. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons. Name Relationship Jason M. Dixon Fianc6e The relationship of defendant to the child is that of father. The defendant currently resides with the following persons. Name Relationship Himself Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another coart. Plaintiff has recently received from Defendant a Custody Complaint (No. 04-383-CD) out of Clearfield County, however, child primarily resides with Plaintiff in Cumberland County amd therefore avers that this County has jurisdiction to decide the custody matter. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the child. 11. 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. Plaintiffis 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. 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 order determination of custody as required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. Child needs a stable home in order to be registered for school. The continuing welfare of the child will be assured if custody is awarded to the Plaintiff pending the hearing on this petition subject to such partial custody for purposes of visitation as may be mutually agreed between the parties. 12. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim N/A WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody with partial custody in Father as agreed upon. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: Michael J. Whare, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 89028 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 unswom falsification to authorities. Melissa A. Sager, Plaintiff// MELISSA A. SAGER PLAINTIFF PETER J. ALEXANDER, JR. DEFENDANT IN ]'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-1517 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Friday, April 16, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear belbre J_scqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 04, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an efibrt 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. All children age five 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 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/ facqueline M. Verney. Esq, Custody Conciliator rnhc 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 accessibl!e 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 'FO OR TELEPHONE 2I-IE OFFICE SET FOR'III 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 MELISSA A. SAGER, Plaintiff V. PETER J. ALEXANDER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-1517 CIVIL TERM : : CIVIL ACTION - [,AW : : IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of December, 2004, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, emey, Esquire, Cust~y~Conciliator