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HomeMy WebLinkAbout04-3872NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO, 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF NATHANIEL C. WRIGHT, Plaintiff SARAH M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 2004- CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, Nathaniel C~ Wright, b7 his attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Nathaniel C~ Wright, an adult individual residing at 421 Factory Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The &fendant is Sarah/VL Snyder, an adult individual residing at 102 West I-figh Street, Carlisle, Cumberland County, Perm~sylvania 17013. 3. Plaintiff seeks custody of the following child: Name Present Residence Eliza Mae Wright 421 Factory Street Boiling Springs, PA 17007 4. Plaintiff and defendant are the natural parents of the child. 2 years D.O.B. 3/14/2002 5. The child was bom out of wedlock. 6. The child is presently in the custody of defendant but resided with both parents from the time of her birth until on or about July 2004 when the parties ultimately separated. Since that time, the child has been in the custody of the phintiff, but the defendant has been afforded oppommities to have visitation with the child. 7. The parties have never been married. 8. The mother of the child is currently single. 9. The father of the child is curremly single. 10. 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, except for the temporary Order for Protection From Abuse, entered at docket number 2004-3747 (Civil Term) wherein primary custody of the child was gnmted to the defendant herein. However, byvirme of the Final Protection Order, which was the product of a consent agreement, the custody provisions of the temporary order were eliminated and no order currently exists which establishes the parties' respective rights to custody. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of.this Commonweakh or any other state, except as referenced in paragraph 11 herein. 12. Plaintiff does not know of a person not a partyto the proceedings who has physical custody of the child or claims to have custody or visitation fights with respect to the child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested herein because the defendant has engaged in dangerous and potentially harmful behaviors in and out of the presence of the child, and has failed to appropriately provide for the child's welfare when the ch/Id has been in her care. 14. Plaintiff fears that ff Defendant is granted substantial partial physical custody, that she will again neglect the child's needs in favor of her own, and that she will expose the child to illegal and dangerous activity, putting the child's welfare at substantial risk of harrm 15. Plaintiff also fears that the child's best interests and permanent welfare will be jeopardized in that the relationship that the child has with Pla'tariff will be greatly diminished because he fears that the child, if given to the defendant, will not be returned to his custody. 16. Pla'mt'iff mainta'ms stable employment, has provided a stable home environment for the child. 17. Plaintiff is already the child's primary caregiver and, with the help of both Plainffff's and Defendant's relatives, has discharged his parental obligations and ma'mtained the child's health, welfare and emotional well-being. 18. Plaintiff is gainfully employed by the United States Army War College in Carlisle, Cumberland County and has sufficient means to care for the welfare of the child. 19. Pla'tariff acknowledges the need for the child to have a relationship with &fendant and will, if given the oppommity, work to reinforce that rehtionship. 20. By defendant's own actions, she has demonstrated that she is not inclined, nor is she likely to take steps to support and nurture the rehtionship between the plaintiff and the child orto provide for the needs of the child and protect her from illegal and dangerous activities. WHEREFORE, for the reasom set forth herein, plaintiff, Nathaniel C. Wright, respectfully requests that the Court enter an order granting primary physical custody of the child to the plaintiff. Dated: August _~04 Respectfully submitted, ~~Esquire Street lisle, PA 17013 Supreme Court I.D. No. 87380 · (717) 241-4436 Attorney for Plaintiff VERIFICATION I do herebyverifythat the facts set forth in the foregoing complaint are tree and correct to the best of my knowledge and belief. 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. ,2004 Nathaniel C. Wright NATHANIEL C. WRIGHT : PLAINTIPF : V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3872 C1VILACTIONLAW SARAH M. SNYDER DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 11, 2004 , 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 Thursday, September 30, 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 are 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/ Hubert X. Gilroy, Esq. 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 betbre the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TItlS 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 NATHANIEL CLIFFORD WRIGHT, Plaintiff V SARAH MAE SNYDER, Defendant DEC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3872 IN CUSTODY COURT ORDER AND NOW, this ~--~Q day of December, 2004, upon consideration of the attached Custody Conciliation report~ it is ordered and directed as follows: o e The father, Nathaniel C. Wright, shall enjoy primary legal and primary physical custody of Eliza Mae Wright, born March 14, 2002. The mother, Sarah M. Snyder, shall enjoy periods of temporary physical custody of the minor child at such times and under such circumstances as agreed upon by the parties. In the event mother is dissatisfied with the periods of temporary custody that she is receiving, mother may fie a petition with the court to have this case again scheduled with the Custody Conciliator for Conference. Judge cg~athan C.Wolf, Esquire ~arah M Snyder NATHANIEL CLIFFORD WRIGHT, Plaintiff SA rnH MAE S YDER, Defendant : IN THE COUg'.T OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTIO'N - LAW : : NO. 04-3872 : IN CUSTODY CONCILIATION CONFERENCE SUMMM~Y REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Eliza Mae Wright, born March 14, 2002. e A Conciliation Conference was held on Decembe~r 16, 2004, with the following individuals in attendance: The father, Nathaniel C. Wright, with his counsel, Nathan C. Wolf, Esquire. The mother, Sarah M. Snyder, did not appear. This co.nciliation had been scheduled a few times, and Attorney Wolf advised the Conciliator that the parties recently conducted a Support Conference at which time mother acknowledged she was aware of the Conciliation Conference. e Father has custody of the minor child and mothe~r sees the child pursuant to an arrangement with the maternal grandfather. 4. The Conciliator recommends an Order in the form as attached. DATE Hubert X. Gilroy, Esquire Custody Conciliator