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HomeMy WebLinkAbout04-2363LISA MARIE WAGNER, Plaintiff VS. MICHAEL DANIEL ALLOWAY, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04- o~._2 t,~ CIVIL TERM : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Lisa Marie Wagner. Plaintiff's, hereinafter "mother", permanent residence is 5 Adams Street, Apartment 7, Enola, Cumberland County, Pennsylvania 17025. 2. The defendant is Michael Daniel Alloway. Defendant resides at 4230 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 3. The mother seeks primary physical custody of the minor child: Name Present Residence Age Kayla Caroline Wagner-Alloway 5 Adams Street 2/8/04 DOB, 3 ruths old Apartment 7 Enola, PA 17025 The child, Kayla Caroline Wagner-Alloway, was bom out of wedlock. The child is presently in the custody of the mother, who resides at 5 Adams Street, Apartment 7, Enola, PA 17025. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Lisa Made Wagner Michael Daniel Alloway Dan Alloway Lisa Marie Wagner Barb Wagner Larry Wagner Address 4230 Wertzville Road Enola, PA 17025 Date Birth - 2/24/04 5 Adams Street Apartment 7 Enola, PA 17025 2/24/04 - present The mother of the child is Lisa Marie Wagner, currently residing at 5 Adams Street, Apartment 7, Enola, Pennsylvania 17025. She is single. The father of the child is Michael Daniel Alloway, currently residing at 4230 Wertzville Road, Enola, Pennsylvania 17025. He is single. 4. The relationship of plaintiffto the child is that of mother. The mother currently resides with the following persons: Name Relationship Lisa Marie Wagner Self Kayla Caroline Wagner-Alloway Daughter with Defendant Barb Wagner PlaintifFs Mother Larry Wagner Plaintiff's Father 5. The relationship of the defendant to the child is that of father. It is believed that the defendant currently resides with the following persons: Name Michael Daniel Alloway Dan Alloway Relationship Self Defendant's Father 6. The mother 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, A Final Protection From Abuse Order entered on March 12, 2004, established a custody schedule granting mother ~rimary physical custody of the child and granting the defendant periods of partial custody every onday at 5:00 p.m. until Tuesday at 3:00 p.m., alternating Saturdays from 10:00 a.m, until 3:00 ~. and alternating Sundays from 1:00 p.m, until 7:00 p.m. 7. The mother has no information of a custody proceeding concerning the child pending tort of this Commonwealth. 8. The mother 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. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has and can continue to provide for the child's emotional, physical, educational, and medical needs including establishing a stable home environment for the child. b) The mother lives with the child's maternal grandparents who have and can contribute to the well being of the child and provide a healthy environment in which to raise a child. c) The mother is the parent who can best facilitate any interaction between the child and the defendm~t. d) The defendant has not acted in the best interest of the child in ways including but not limited to the following: i) The father has an addiction to marijuana, using it on a daily basis. This addiction creates an unhealthy and unsafe environment for an infant child, ii) Despite repeated offers to be involved in the medical appointments and care of the child, the defendant has refused to participate in any appointments. iii) During the child's recent hospitalization, the defendant never went to the hospital to see the child and did not participate in any of the training to care for the child's ongoing respiratory problems. iv) Under a Final Protection From Abuse Order entered on March 12, 2004, the defendant has periods of partial custody according to the following schedule: 1. Every Monday at 5:00 p.m. until Tuesday at 3:00 p.m. 2. Alternating weekends on Saturday from 10:00 a.m. until 3:00 p.m and on Sunday from 1:00 p.m. until 7:00 p.m. 3. Other such times as the parties may agree. v) To date, the defendant has exercised his periods of partial custody on only two occasions. Mother has had to refuse the defendant visitation due to his being under the influence of drugs. I0. Neither party has had their parental rights terminated and all persons who have physical custody of the child are parties to this action. WHEREFORE, the plaintiffrequests this Court to: a) Grant the parties shared legal custody of the minor child. b) Grant her primary physical custody of the minor child. c) Grant the defendant periods of partial physical custody in accordance with the following schedule: 1. Alternating weekends on Saturday from 10:00 a.m until 3:00 p.m. and on Sunday from 1:00 p.m. until 7:00 p.m. 2. All periods of partial custody shall take place at the 4230 Wertzville Road address. Any time spent outside of the home shall be under the supervision of the paternal grandfather. 3. Defendant shall not use drugs or alcohol during his periods of partial custody and shall not permit any third parties present to use such substances in the presence of the child. 4. Mother shall have the right to refuse visitation pursuant to any Order if defendant appears to be under the influence of drugs. 5. Upon completion of a drug and alcohol abuse prevention program, the custody arrangement may be modified to schedule overnight visits with the child. 6. Other such times as the parties may agree. d) Establish an appropriate holiday schedule so that both parents can spend time with the child. e) Other such relief as the Court finds appropriate. Respectfully submitted, Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Lisa Marie wagner, verifies that the statements made in the above complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. to unsworn falsification to authorities. Date: C,S, §4904, relating Lisa Marie wagner LISA MARIE WAGNER, Plaintiff VS. MICHAEL DANIEL ALLOWAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04- CIVIL TERM : : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Michael Daniel Alloway with a Complaint For Custody one5 ~(IA~ ,2004 by certified mail, return receipt, restricted delivery, to the person and addresses below: Michael Daniel Alloway 4230 Wertzville Road Enola, PA 17025 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: Signatur~~ LISA MARIE WAGNER : PLAINTIFF : V. : MICHAEL DANIEL ALLOWAY : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2363 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 03, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Hubert X. Giiroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 09, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftbrt 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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Hubert X. Gilroy. Esq. Custody Conciliator mhc 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 befo,re 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. 1F 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 LISA MARIE WAGNER, Plaintiff V MICHAEL DANIEL ALLOWAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2004-2363 : IN CUSTODY COURT ORDER AND NOW, this 2~ ~ day of July, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Lisa Marie Wagner, and the father, Michael Daniel Ailoway, shaH enjoy shared legal custody of Kayla Caroline Wagner-AHoway born February 8, 2004. 2. The mother shah enjoy primary physical custody of the minor child. 3. The father shall enjoy temporary physical custody of the minor child as follows: a. On alternating weekends from Saturday at 9:00 a.m. until Sunday at 6:00 J w b. At such other times as agreed upon by the.. parties. Exchange of custody for the minor child shaH take place at the mother's sister's home in Camp Hill, Pennsylvania. The parties shall meet again with the Custody Conciliator for a conference on Thursday, September 16, 2004 at 8:30 a.m. Father's periods of temporary custody on alternating weekends shall commence on July 24, 2004. Neither party shall consume alcohol or illegal drugs during the time they have custody of the minor child. ce: BY THE COURT, Jessica Diamondstone, .Esqu~ Gerald Robinson, Esqmre ~~. --/.~ 6'-- ~ c~ ) J JL 2 8 2004 LISA MARIE WAGNER, Plaintiff V MICHAEL DANIEL ALLOWAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004 - 2363 : IN CUSTODY 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: Kayla Caroline Wagner-Alloway, born February 8, 2004. 2. A Conciliation Conference was held on July 9, 2004, with the following individuals in attendance: The mother, Lisa Marie Wagner, with her counsel, Jessica Diamondstone, and the father, Michael Daniel Alloway, with his counsel, Gerald Robinson. 3. Based upon the recommendation of the Custody Conciliator, the parties are willing to abide by the proposed recommended order which is attached· DATE ~ubert X. Gll.r.,.~y, Esqun:e / Custody Concihator / OCT I 9 7_00 LISA MARIE WAGNER, Plaintiff V MICHAEL DANIEL ALLOWAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2004-2363 : IN CUSTODY COURTO~ER AND NOW, this ~(%X day of October, 2004, this Court orders and directs that the custody order as set forth in the July 29, 2004 order shall remain in effect. In the event either party feels the other party is not complying with the terms of the custody order, that party may petition the Court to have the case again referred to the Custody Conciliator at which time a modification of the custody order will be considered. The prior order of July 29, 2004 is modified such that father shall pick up the minor child al: the beginning of visitation and deliver the minor child back to the mother at the end of visitation at mother's home at 222 South Enola Drive, Apartment 2-R, Enola, Pa. CC: ~Jessica Diamondstone, Esquire · ~chael Daniel Alloway 4230 Wertzville Road Enola, PA 17025 BY THE COURT,, dge J. Wesley Oler, Jr. OCT I LISA MARIE WAGNER, Plaintiff V MICHAEL DANIEL ALLOWAY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 2004 - 2363 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT The Conc'diator met with the parties and Attorney Jessica Diamondstone who represents the mother. After that meeting, the Conc'diator recommends an order in the form as attached. DATE Custody~ X' ~Co YllorEsquire