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HomeMy WebLinkAbout05-2510 HEATHER LYNNNASH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. -/ : NO. 05- ;2310 CIVIL TERM MIGUEL ANGEL MORENO, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Heather Lynn Nash, hereinafter referred to as Mother. Mother's current residence is 160 N. West Street, Apartment 2. Carlisle. Pennsylvania, 17013. 2. The defendant is Miguel Angel Moreno, hereinafter referred to as Father, resides at 501 S. Broadway St., Santa Anna, California 92701. 3. Mother seeks primary physical custody and a schedule for partial custody and visitation of the minor child with the father father: Name Present Residence Age Neo Gambit Moreno 160 N. West St., Apt. 2 Carlisle, P A DOB 8/23/200 3 years old 4. The Mother and Father have never been married. 5. Neo is presently in the custody of Mother. 6. During Neo's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Mother, Father, and Maternal grandmother, Maternal step-father Step-sister 1064 Guest Drive Virginia Beach. V A Newborn - one month (to late September 02) Mother and Father 1309 Cypress Ave. Virginia Beach, V A I month-6 months (to mid-February 03) Mother, Father in Pungo, V A 6 months-9 months friend's apartment (to May 03) Mother and Father are separated. Mother, her father, stepmother, 333 Mt. Zion Road 9 months-1 year two step-brothers and Mt. Holly, PAl 7065 (to August 03) a step-sister Mother, Father, and 221 E. Adams Street I year-a few weeks paternal grandmother and Santa Ana, CA 92707 her husband. Mother and Father In trailer park in To October 03 Santa Ana, CA Mother, Father, and Laguna-Niguel , CA To November 03 second family shared two bedroom apartment Mother and her family as 333. Mt. Zion Road Nov -December 03 described above in Mt. Mt. Holly, P A 17065 Holly Robert and Linda Wiedner 106 N. Baltimore Avenue Dec. 03-April 04 Friends of Mother's Mt Holly. PAl 7065 Mother, Father, and several Fullerton, CA April -June 04 unidentified friends offather's Mother and her family in 333 Mt. Zion Road June-July 04 Mt. Holly Mt. Holly, P A 17065 Mother. maternal aunt 6 W. Springville Road July-August 04 Diane Foster and her husband Boling Springs, PAl 7007 David Dalton Mother and Cathy Swope 2C W. SpringviIIe Road Aug-September 04 (friend) and her family Mt. Holly, PA 17065 Mother 160 N. West Street September 04- Carlisle, PAl 7013 February 05 Father and paternal Grandmother and her Spouse Santa Ana, CA February 2005- May 14, 2005 Mother 160 N. West St. Apt. 2 Carlisle May 14,2005- Present 7. Mother resides solely with Neo at 160 N. West Street, Apartment 2, in Carlisle. She has lived at her current address since September, 2005. 8. It is believed that Father currently resides with the following persons: Name Relationship Luz Moreno Meza Mother Candilairo Lopea Mother's spouse 9. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Brendan in this or another court. 10. Mother has no information of a custody proceeding concerning Brendan pending in a court of this Commonwealth. 1 I. Mother does not know of a person not a party to the proceedings who has physical custody of Brendan or claims to have custody or visitation rights with respect to Brendan. 12. The best interest and permanent welfare ofNeo will be served by granting the relief requested for reasons including, but not limited to the following: c) Grant Father periods of partial custody of Neo based on a schedule that accommodates both parents ability to pay for transportation and both parents desire to spend extended periods of time with Neo. d) Establish an appropriate holiday schedule so that each party is able to have time with Neo. e) Order that the parents shall share transportation responsibilities. f) Order that Mother shall have reasonable telephone contact with Neo while he is in Father's custody. g) Any additional relief the court deems proper. Respectfully submitted, ( ,\ -f'/~ U /Jr e E. D'Alo 'A. mey for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PAl 7013 (7 I 7) 243-9400 .cJb a) Mother has a stable home environment that is safe and appropriate for periods of custody with Neo; b) Mother is willing to communicate with and work cooperatively with the Father to co-parent Neo and will encourage both the mother/son and father/son relationship. c) Mother is currently unemployed. 13. Father has not acted in the best interest ofNeo in ways including but not limited to the following: a) Father has sought to limit Mother's contact with Neo; b) Father has been arbitrary in deciding when and if Mother can visit with Neo; c) Father is not working and has not provided for Neo in the past; d) Father prevents the healthy development of a bond between Mother and Brendan by refusing to allow them to have regular contact with each other. e) Mother fears that without a custody order in place, Father will continue to deprive her of regular contact with Neo, which will further deteriorate their relationship. 14. Each parent whose parental rights to Neo have not been terminated and the person who has physical custody of Brendan have been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: a) Grant the parties shared legal custody ofNeo. b) Grant Mother primary custody ofNeo. VERIFICATION The above-named plaintiff, Heather Lynn Nash, 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. C.S. 94904, relating to unsworn falsification to authorities. Date: sf r06~ , :2 ,,' /' / -. ,'--_.... ../ / j, /;Ii, /',~' eather-'fYnp( Nash co?[ HEA THER LYNN NASH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 1/ : NO. 05-~j 10 CIVIL TERM MIGUEL ANGEL MORENO, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Heather Lynn Nash, Plaintiff, to proceed in forma pauperis. I, Grace E. D' Alo, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER LYNN NASH, vs. NO. 05-2510 CIVIL TERM MIGUEL ANGEL MORENO, Defendant CUSTODY CERTIFICATE OF SERVICE I, Grace E. D' Alo, of MidPenn Legal Services do hereby swear that I served Miguel Angel Moreno with a Complaint in Custody on May~, 2005, by personal service at the MidPenn Legal Services office at: 8 Irvine Row Carlisle, P A 17013 I, Grace E. D' Alo, verify that the statements made in the is Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Ps.C.S. Section 4904 relating to unsworn falsification to authorities. Date\'~ \~ - 2U~ l ;CvU t" cno G@ e E. D'Alo Managing Attorney MidPenn Legal Services 8 Irvine Road Carlisle, PAl 70 13 I \of: :.') - PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYL VANIA HEATHER NASH V, 05-2510 CIVIL ACTION LAW MIGUEL ANGEL MORENO DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 20, 2005 _, 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, Cumherlaud Couuty C~,urthouse, ~,arlisle on_~,_,_, Frid-")""!lIIle)Q,~QQ:;______. 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 mav also be present at the conference. Failure to appear at the conference mav provide grounds for entry of a temporary or permanent order. The court hereby directs tbe 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 Gilrov, Esq. ____~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of] 990. For information about accessible facilities and reasonable accommodations availablc to disabled individuals having business before the coul1, 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 HA VE 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 (7 I 7) 249-3166 .~ L~77r. . ')1 ~.,..., /.??i??/.?-d'~? <<', /' l/ ~ .' J7 - t/;' L/ ,1>< (' ;;.' . '" .....l. .,,7 > ~ ~ r'~)-~ ?~th }(,7 (Jr'5' 57 ,p- /Tr>1/ ~7 Jr{l!>1l 0(" 5' q:l 1'1 C;::,' ,! " RECEIVED JUN 2 8 7q~~~ HEATHER LYNN NASH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 05-2510 CIVIL ACTION - LAW MIGUEL ANGEL MORENO, Defendant IN CUSTODY COURT ORDER AND NOW, this 3D {tnay of ::rtt17V , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Heather Lynn Nash, and the father, Miguel Angel Moreno, shall enjoy shared legal custody of Neo Gambit Moreno, born August 23, 2000. 2. The father, Miguel Angel Moreno, shall have primary physical custody of the minor child during the school year with mother having primary physical custody of the minor child during the summer months. 3. For the summer, mother shall obtain custody of the minor child four days after the Memorial Day holiday with custody returned to the f.'ilther at or near August 23.... of each year, with the August 23'd date (which is the birthday of the child) to alternate each year so that one year the mother still has custody on the birthday, and the following year the child shall be returned to the father for the birthday. 4. Mother shall also have custody of the minor child for two weeks over the Christmas holiday on an alternating yearly basis so that motht,r spends Christmas with the minor child every two years. S. On at least 30 days notice to the father, mother shall also be able to exercise custody with the minor child for one week in California. >: !:a: o ~t} tl:.~ ~~ ~~ fE ~ r- .::r 9 :c '"" I __I :::> ...., "" = = c-.. ~ :::>.0:( ~~- ~lt 5~ "".Ji_U (::.10- -:;. :5 o 6. Except as set forth above, father shall enjoy primary physical custody of the minor child in California. 7. The parent receiving the child on an exchange of custody shall handle transportation for the particular exchange. 8. The parties may modify this schedule as they agree. Absent an agreement, this schedule shall control. In the event either party desires to modify this custody arrangement and the parties are unable to reach om agreement on a modification, either party may petition the Court to have the cast! again scheduled with a Custody Conciliator. BY THE COURT, I rr Cc: Grace E. D' Alo, Esquire Mr. Miguel Angel Moreno ~ ~ 'lH/J/ cr.. HEATHER LYNN NASH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 05-2510 CIVIL ACTION - LAW MIGUEL ANGEL MORENO, Defendant 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 infonnation pertaining to the children/child who are the subject of this litigation is as follows: Neo Gambit Moreno, born August 23, 2000 2. A Conciliation Conference was held on June 24, 2005, with the following individuals in attendance: The mother, Heather Lynn Nash, with her counsel, Groce E. D' Alo The father appeared via telephone. 3. The parties agreed to the entry of an Order in the fonn as attached. ~()7 (() ~ Date H~.~ ....~ Custody Conciliator J. ) . . HAROLD S. IRWIN, III ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR WEIDNER HEATHER LYNN NASH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. MIGUEL ANGEL MORENO, Defendant : NO. 2005 - 2510 ROBERT L. WEIDNER, JR. and LINDA K. WEIDNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. HEATHER L. NASH, Defendant : NO. 2006.6744 CIVIL TERM : IN CUSTODY ORDER OF COURT NOW, this 7_~r 1 day of February, 2007, the above two custody matters are hereby consolidated and all future filings related thereto shall be filed under No. 2006 - 6744 Civil Term. Further, upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein and it appearing that the natural father has given his written consent which is attached to the current complaint as Exhibit "B", it is hereby ordered and decreed as follows: A. The father, MIGUEL A. MORENO, and the mother, HEATHER L. NASH, and the plaintiffs, ROBERT L. WEIDNER, JR. and LINDA K. WEIDNER, shall share legal custody of the minor child, NEO G. MORENO (born August 23, 2002). Joint legal custody means that all parties shall jointly share the right of control of the child and shall share in making decisions of importance in the life of the child, including educational, medical and religious decisions. All parties shall be entitled to equal access to the child's school, medical, dental and other important records. Notwithstanding the foregoing, non-major decisions involving \ijf\J1;l/~1)~S;\n\!_3d ),lJ}!n--"~' "-, "-'~"'-O -I I . l ,;'<l ,~~ '\...1[1> # ~ \lj",<,,,,., i -', ,",;;;,)P" ~I f OS : I Ud ez 93.j iDOl Al:lV1CNO!-il.ctid 3Hl :10 3J/:b(}-(J31l:J " t the child's day-to-day living shall be made by the party then having physical custody, consistent with the other provisions of this Agreement and Order and the best interests of the child. B. The Plaintiffs shall have primary physical custody of the child. C. The Mother and Father shall have temporary physical custody and visitation of the child on a liberal basis as mutually agreed between the parties from time to time. D. The parties shall have reasonable telephone contact with the child while the child is in the custody of one or more of the other parties. E. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. F. The parties shall do nothing that may estrange the child from one or more of the other parties or hinder the natural development of the child's love or affection for one or more of the other parties. G. This arrangement is for the best interests and welfare of the child at this time due to the financial situation of the parents and for other reasons. This agreement it will in no way otherwise effect the parental rights of the parents and this agreement will never be used by any of the parties in an effort to negatively affect the rights, duties and privileges of the parents, H. I n the event of the breach of this agreement by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to " ; 4 obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. I. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality as this agreement. J, The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, LV~