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HomeMy WebLinkAbout04-4219BARBARA A. BRITTON, JEFFREY STEPLER, JR. Plaintiff Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. OIJ --/-/~15~ IN CUSTODY COMPLAINT IN CUSTODY AND NOW, this ~ dayof ~x ~i~, 2004, comes Plaintiff Barbara A. Britton, by and through her attorney, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is a statement: 1. Plaintiff Barbara A. Britton (hereinafter "Mother") is an adult individual currently residing at 19 North Morris Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant Jeffrey Stepler, Jr., (hereinafter "Father") is an adult individual believed to be residing at 19 Irvin Drive, Shippensburg, Franklin County, Pennsylvania, 17257. 3. Plaintiff seeks primary physical custody and primary legal custody of the following Minor Child: Name Devin Shane Stepler Present Address 19 North Morris Street Shippensburg, PA 17257 Date of Birth 03/10/1994 Plaintiff Barbara A. Britton is the natural Mother of the above-mentioned Minor Child. Child. Defendant Jeffrey Stepler, Jr., is the natural Father of the above-mentioned Minor the following addresses: Name Barbara A. Britton Ashley Macedo Barbara A. Britton Ashley Macedo Dylan Baker The Minor Child was bom out of wedlock. The Minor Child is presently in the custody of Plaintiff. For the past five years, the Minor Child has resided with the following persons at Address Date 5933 Old Scotland Rd. Apt. 3 Shippensburg, PA 17257 19 N. Morris Street Shippensburg, PA 17257 From 1999 to May 2003 May 2003 to present The mother of the Minor Child is PlaintiffBarbara A. Britton who currently resides at 19 N. Morris Street, Shippensburg, PA 17257. The father of the Minor Child is Defendant Jeffi'ey Stepler, Jr., who currently resides at 19 lrvin Drive, Shippensburg, PA 17257. 6. The relationship of Defendant to the Minor Child is that of natural father. The Defendant is believed to reside with the following persons: Name Relationship Jen Weaver Kara Weaver Shakira Weaver Girlfriend Girlfriend's daughter Daughter 7. The relationship of Plaintiffto the Minor Child is that of natural mother. The Plaintiff currently resides with the following persons: 293507-1 Name Relationship Dylan Baker Boyfriend Ashley Macedo Daughter Devin Stepler Son 6. Plaintiff has no information of any custody proceeding concerning the Minor Child pending in a court of law of this Commonwealth. 7. Each parent whose parental rights to the Minor Child have not been terminated and the person who has physical custody of the Minor Child has been named as parties to this action. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the Minor Child or claims to have custody or visitation with respect to the Minor Child. 9. The best interest and permanent welfare of the Minor Child will be served by granting the relief requested because: (a) Plaintiff, Barbara A. Britton, is in a better position, both financially and emotionally, to provide stability and custody for the Minor Child; Plaintiff, Barbara A. Britton, has been the primary caretaker for the Minor Co) Child since birth; (c) Plaintiff, Barbara A. Britton, is in a position to provide a stable, responsible environment for the raising of the Minor Child; 293507-1 (d) Defendant, Jeffrey Stepler, Jr., has had basically no contact, visitation, telephone calls, Christmas cards, birthday cards, etc., with the Minor Child since she was two (2) years of age; (e) Mother believes that it would be in the Minor Child's best interest to establish an Order so that there is no confusion regarding the rights and responsibilities of the parents. WHEREFORE, PlaintiffBarbara A. Britton requests the Court to grant her primary physical custody and pr/mary legal custody of the Minor Child. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: 293507-1 VERIFICATION I, Barbara A. Britton, verify that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: Barbara A. Britton Document #~765685 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm ofMetzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of the Complaint for Custody with reference to the foregoing action by first class mail, prepaid, this~_.~_~day of ~,~ ~ ,2004, on the following: Jeffrey Stepler, Jr. 19 Irvin Drive Shippensburg, PA 17257 · Andrew C. Spe~s, Esqu'~ Document #265685 BARBARA A. BRITTON PLAINTIFF V. JEFFREY STEPLER, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-4219 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear belbre Jaeque]line M. Verney, 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 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. 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/ ]acqueline 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 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 TELEPI-[ONE 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) 24%3166 BARBARA A. BRITTON, Plaintiff V. JEFFREY STEPLER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -_ : NO. 2004-4219 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this q' day of OOag~' ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Barbara A. Britton, and the Father, Jeffrey Stepler, Jr., shall have shared legal custody of Devin Shane Stepler, bom March 10, 1994. Each parent shall have an equal right, to be exemised jointly with the other parent, 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. 2. Mother shall have primary physical custody of the Child. 3. Father shall have periods of partial physical custody of the Child as recommended by the Child's counselor. 4. The parties shall cooperate with counseling for the Child. In this regard, both shall sign necessary releases requested by the counselor. If recommended by the counselor, both parties shall participate in counseling with the Child. 5. Father shall be entitled to reasonable telephone contact with the Child which may be monitored by Mother. 6. Neither party shall do or say anything or permit third parties to do or say anything that may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Mother shall encourage contact between Father and Child. 7. This Order is entered pursuant to an agreement of the parties at 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, cc:~drewC. Spears, Esquire, Counsel forMother '.fl~fl~ey Stepler, Jr., pro se 19 IrvinDfive Shippensburg, PA17257 BARBARA A. BRITTON, Plaintiff V. JEFFREY STEPLER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ : 2004-4219 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Devin Shane Stepler DATE OF BIRTH March 10, 1994 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on September 30, 2004, with the following individuals in attendance: The Mother, Barbara A. Britton, with her counsel, Andrew C. Spears, Esquire and Father, Jeffrey Stepler, Jr., pro se. 3. The parties agreed to an Order in the form as attached. Date Custody Conciliator