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HomeMy WebLinkAbout08-6501MELISA ADELE MATOS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. b F- 4So 1 0,wj CHRISTOPHER M. WISNIEWSKI, : Defendant : IN CUSTODY COMPLAINT FOR CUSTODY_ AND NOW, comes the Plaintiff, Melisa Adele Matos, by and through her counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is Melisa Adele Matos, who currently resides at 41 East South Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Christopher M. Wisniewski, who currently resides at 1204 Elm Ridge Avenue, Baltimore, Maryland 21229. 3. Plaintiff seeks primary physical custody of Name PrimarvR aidence DOB Cyerra Skye Wisniewski 1204 Elm Ridge Ave. 03/27/03 Baltimore, Md. 21229 The child was not bom out of wedlock. The child is presently in the custody of Christopher M. Wisniewski, father, who resides at 1204 Elm Ridge Avenue, Baltimore, Maryland 21229. Since birth, the child has resided with the following persons at the following addresses: Name Melisa Matos and Christopher Wisniewski Melisa Matos and Christopher Wisniewski Melisa Matos and Joe Reed RI 1.1 .: Dates 49 V2 W.High Street, Apt. 2 Birth- 2004 Carlisle, PA 17013 76 E. Pomfret St. Carlisle, PA 17013 2004-2005 1321 N. Pitt Street Carlisle, PA 17013 Christopher Wisniewski and 1204 Elm Ridge Avenue Ruth & Craig Wisniewski Baltimore, Md 21229 06/07-08/08 10108- present The mother of the child is Melisa Adele Matos, who resides at 41 East South Street, apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. She is divorced. The father of the child is Christopher M. Wisniewski, who resides at 1204 Elm Ridge Avenue, Baltimore, Maryland 21229. He is divorced. 4. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Name April White Relationshin friend 5. The relationship of the Defendant to the child is that of natural father. The Defendant currently resides with the following persons: Name Cyerra Skye Wisniewsld Craig Wisniewski, Sr. Ruth Wisniewski Relationship daughter father mother 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. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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 children. 9. 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. All other persons, 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: Nam s Address Basis of Claim None 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has undertaken and performed the primary parental responsibilities for the child. b) Plaintiff is best able to provide the care and nurture which the child needs for healthy development. c) A Court Order of custody and structured visitation is desired so that Plaintiff and 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. d) 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. e) Defendant has withdrawn the child from her school and moved the child out of state without the Plaintiff's consent. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant her Complaint for primary physical custody of the child. Respectfully submitted, Date: 'chael J. Whar , Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff MELISA ADELE MATOS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : Civil Action- Law No. CHRISTOPHER M. WISNIEWSKI, : 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.C.S. 4904 relating to unworn falsification to authorities. Date: ,/0 31 0? Melisa A. Matos, Plaintiff o Y IL J pv ? ? -rT rrs a. CA3 m cn c,? -e MELISA ADELE MATOS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. WISNIEWSKI DEFENDANT 2008- CIVIL ACTION LAW 65010 IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 06, 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 Friday, December 12, 2008 at 1:00 PM 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/ ohn . Man an r. 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 91 PS 1h SIS -11 1 L- AGN $OOZ ,: EJEAL ?v P DEC 15 ZM6G MELISA ADELE MATOS, Plaintiff V. CHRISTOPHER M. WISNIEWSKI, Defendant IN THE C RT OF COMMON PLEAS OF CUMBERLOND COUNTY, PENNSYLVANIA No. 08-650 IN ORDER OF COURT AND NOW this /5' day of December 2008, Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Christopher M. Wisniewski shall have shared legal custody of Cyerra Skye Wisniew have an equal right to make all major non-emergency de well-being including, but not limited to, all decisions re€ religion. Pursuant to the terms of 23 Pa.C.S. §5309, eac and information pertaining to the Child including, but nc or school records, the residence address of the Child anc parent has possession of any such records or informatioi the same, or copies thereof, with the other parent within records and information of reasonable use to the other p 2. Physical Custody: Father and Mother shall arrange phy a. Father shall have primary physical custo( end of the Child's school year in June 20 b. Between the date of this Order and June custody of the Child on weekends as the c. Father, or some other mutually agreed uI transportation to and from this jurisdictic d. The week after school ends for the Child responsible adult, shall transport the Chi] shall have primary physical custody of tl custody of the Child on weekends as the e. Father and Mother shall arrange physical times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone basis. CIVIL ACTION LAW consideration of the attached Custody and the Mother, Melisa Adele Matos, ,ki, born 03/27/2003. The parties shall visions affecting the Child's general arding her health, education and i parent shall be entitled to all records t limited to, medical, dental, religious of the other parent. To the extent one , that parent shall be required to share such reasonable time as to make the al custody of the Child as follows: of the Child in Baltimore until the 09, Mother shall have physical rties may mutually agree. i responsible adult, shall provide the in June 2009, Father, or some other i to this jurisdiction whereby Mother Child and Father shall have physical )arties may agree. custody of the Child at such other with the Child on a reasonable 4. Holidays: The parents shall arrange and alternate the holidays as mutually agreed upon. In the absence of agreement, Mother shall have physical custody of the Child from 12/23/08 until 01/04/09. Additionally, Mother shall have physical cus ody of the Child for Easter 2009. Father, or some other responsible adult, shall provide th transportation of the Child to and from this jurisdiction. 5. Each parent shall have two non-consecutive weeks of v#cation with the Child per year. The requesting parent shall give the other parent 30 days ad ance notice of the requested time and 4-1 this vacation week shall supersede the regular physical c stody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand t 's vacation time by mutual agreement. 6. Neither party may say or do anything nor permit a third arty to do or say anything that may estrange the Child from the other party, or injure the opi 'on of the Child as to the other parry, or may hamper the free and natural development of the C hild's love or affection for the other party. To the extent possible, both parties shall not allo third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party) shall notify the other party as soon as possible after the emergency is handled. During any periods of custody or visitation, the parties hall not possess or use non-prescribed controlled substances or consume/be under the influent of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the ex lent possible, that other household members and/or house guests comply with this provision. 9. This Order is entered pursuant to a Custody Conciliatio Conference. The parties may modify the provisions of this Order by mutual consent. In the a Bence of mutual consent, the terms of this Order shall control. By Court, J. stribution: ichael Whare, Esquire stopher M. Wisniewski, 1204 Elm Ridge Ave., Baltimore, .?/John J. Mangan, Esquire 21229 ' ch i csy L)? t fl- r' G7 J v MELISA ADELE MATOS, IN THE C URT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-650 CIVIL ACTION LAW CHRISTOPHER M. WISNIEWSKI, IN CUSTODY Defendant IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the f llowing 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 Cyerra Skye Wisniewski 03/27/2003 Primary Father 2. A Conciliation Conference was held with regard to this matter on December 12, 2008 with the following individuals in attendance: The Mother, Melisa Adele Matos, with her coun el, Michael Whare, Esq. The Father, Christopher M. Wisniewski, pro se 3. The parties agreed to the entry of an Order in Date John I. form as attached. Esquire