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HomeMy WebLinkAbout04-5716 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH A. STOUT, ) , ¢ Plaintiff ) NO. Old -- ) v. ) ) NANCY J. STOUT, ) CIVIL ACTION - LAW Defendant ) CUSTODY/VISITATION COMPLAINT FOR PARTIAL CUSTODY AND NOW, comes Plaintiff, Kenneth A. Stout, by and through his counsel, Howett, Kissinger & Conley, P.C., who hereby files the instant Complaint for Partial Custody and in support thereof avers as follows: 1. Plaintiff is Kenneth A. Stout ("Father"), an adult individual currently residing at 4905 Eland Downe, Phoenixville, Chester County, Pennsylvania 19460. 2. Defendant is Nancy J. Stout ("Mother"), an adult individual currently residing at 130 Victoria Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are husband and wife, who married on September 18, 1982 but who separated on or about January 5, 2003. 4. Father initiated a complaint in divorce with the Court of Common Pleas of Cumberland County on or about March 3, 2004, which action remains pending. 5. Father seeks partial custody of the following minor child, who was born of the marriage between the parties: Jessica K. Stout, age 17 (D.O.B. December 15, 1987). 6. The child is presently in the custody of Mother at her above listed address; the child has resided primarily with Mother since the parties' separation on or about January 5, 2003. Prior to that time, the child resided with both Mother and Father in the marital residence. reside alone. 7. Since the parties' separation, Father has resided alone and continues to 8. Mother resides with the minor child. The parties have another daughter, Kristen Stout, who is emancipated and enrolled in college. When Kristen is not attending college, she resides at Mother's residence. 9. Father 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. 10. Father has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 11. Father 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 child. 12. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Sole custody isolates the child from the non-custodial parent; (b) The best interests of the child require that open and meaningful access be maintained with each parent and that the child have a relationship with each parent; (c) The child developed emotional attachments to each parent during the marriage, and the severing of that attachment is not in the child's best interests; (d) Permitting each parent to remain involved in the life of the child enables the child to share with each parent the intimate contact necessary to strengthen a true parent child relationship; and (e) Since the parties' physical separation, Mother has unilaterally assumed sole legal custody over important decisions concerning the minor child; in addition, Mother has been reluctant to permit Father to have periods of partial custody with the child. 13. Father seeks an order providing him with reasonable periods of partial custody and shared legal custody. 14. 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. WHEREFORE, Plaintiff respectfully requests the Court grant him periods of partial custody and shared legal custody with respect to the parties' minor child. Respectfully submitted, Date: Darren J. Ftolst, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Kenneth A. Stout VERIFICATION I, Kenneth A. Stout, hereby swear and affirm that the facts contained in the foregoing Complaint for Partial Custody are tree and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 11/12/04 Kenneth A. Stout IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH A. STOUT, ) Plaintiff ) NO. ~ -- ,Ae"~'/~' ) v. ) ) NANCY J. STOUT, ) CIVIL ACT[ON - LAW Defendant ) CUSTODY/¥ISITATION COMPLAINT FOR PARTIAL CUSTODY AND NOW, comes Plaintiff, Kenneth A. Stout, by and through his counsel, Howett, Kissinger & Conley, P.C., who hereby files the instant Complaint for Partial Custody and in support thereof avers as follows: 1. Plaintiff is Kenneth A. Stout ("Father"), art adult individual currently residing at 4905 Eland Downe, Phoenixville, Chester County, Pennsylvania 19460. 2. Defendant is Nancy J. Stout ("Mother"), an adult individual currently residing at 130 Victoria Drive, Mechanicsburg, Cumberland Cotmty, Pennsylvania 17055. 3. The parties are husband and wife, who mmxied on September 18, 1982 but who separated on or about January 5, 2003. 4. Father initiated a complaint in divorce with the Court of Common Pleas of Cumberland County on or about March 3, 2004, which action remains pending. 5. Father seeks partial custody of the following minor child, who was born of the marriage between the parties: Jessica K. Stout, age 17 (D.O.B. December 15, 1987). 6. The child is presently in the custody of Mol!her at her above listed address; the child has resided primarily with Mother since the parties' separation on or about January 5, 2003. Prior to that time, the child resided with both Mother and Father in the marital residence. reside alone. 7. Since the parties' separation, Father has resided alone and continues to 8. Mother resides with the minor child. The parties have another daughter, Kristen Stout, who is emancipated and enrolled in college. When Kristen is not attending college, she resides at Mother's residence. 9. Father 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. 10. Father has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 11. Father does not know of a person not a patty to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Sole custody isolates the child from the non-custodial parent; (b) The best interests of the child require that open and meaningful access be maintained with each parent and that the child have a relationship with each parent; (c) The child developed emotional attachments to each parent during the marriage, and the severing of that attachment is not in the child's best interests; (d) Permitting each parent to remain involved in the life of the child enables the child to share with each parent the intimate contact necessary to strengthen a tree parent child relationship; and (e) Since the parties' physical separation, Mother has unilaterally assumed sole legal custody over important decisions concerning the minor child; in addition, Mother has been reluctant to permit Father to have periods of partial custody with the child. 13. Father seeks an order providing him with reasonable periods of partial custody and shared legal custody. 14. 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. WHEREFORE, Plaintiff respectfully requests the Court grant him periods of partial custody and shared legal custody with respect to the parties' minor child. Respectfully submitted, Date: Darren J. I~olst,'Es :luire HOWETT, KISS1NGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plainti fi, Kenneth A. Stout VERIFICATION I, Kenneth A. Stout, hereby swear and affirm that the facts comained in the foregoing Complaint for Partial Custody are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 11/12/04 Kenneth A. Stout KENNETH A. STOUT : PLAINTIFF : V. : NANCY J. STOUT : DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5716 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 02, 2004 , upon cons ideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday.. December 21, 2004 at 8:30 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 al~pear 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, Si~ecial Relief orders, and Custody orders to the conciliator 48 hours i~rior to scheduled hearing. FOR THE COURT, By: /s/ Da,vtt S. SundaE, Esq. mtso 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 I~ELP. Cumberland County Bar Asso,:iation 32 South Bedford Streel: Carlisle, Pennsylvania 17013 Telephone (717) 249-3 166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH A. STOUT, ) Plaintiff ) ) v. ) ) NANCY J. STOUT, ) Defendant ) NO. 04-5716-CWIL TERM CWIL ACTION - LAW CUSTODY/VISITATION PRAECIPE TO THE OFFICE OF PROTHONOTARY: Kindly withdraw without prejudice the Complaint for Partial Custody filed by Plaintiff on November 15, 2004 in the above-captioned action. Date: Respectfully submitted, HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 25;4-2616 Counsel for Plaintiff, Kenneth A. Stout