Loading...
HomeMy WebLinkAbout05-3985 SARA J. BACKSTROM, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNIT,PENNSYL V ANIA * * ()S'-39PS: {};u~LY~ vs. * NO. * * MICHAEL D. LEWIS, * CIVIL ACTION - LAW Defendant * IN CUSTODY COMPLAINT FOR CUSTODY AND COME~; NOW, SARA J. BACKSTROM, by and t,J...rough her attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: I. The Plaintiff is Sara J. Backstrom, who currently resides at 25 S. 39th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Michael D. Lewis, who currently resides at 399 Second Street, Highspire, Pennsylvania 17011. 3. Plaintiff seeks primary physical custody of the following child: Michaela J. Lewis, born on September 2, 2000. The child was born out of wedlock. The child is presently in the physical custody of Plaintiff. 4. During the past five years, the child has resided with the following persons and at the following addresses: Dates Address Persons A. June 2003 to Present 25 S. 39th Street Camp Hill, P A 17011 Mother B. January 2005 to June 2005 25 S. 39th Street Camp Hill, PA 170] 1 Mother, Father C. January 2004 to 27 Wilhelm Road January 2005 Harrisburg, P A D. August 2001 to 24 S. Water Street January 2004 Hummelstown, PA E. January 2001 to 3522 Brisban Street August 2001 Harrisburg, PA Mother, Father Mother, Father Mother, Father Janie Davis (maternal grandmother), BarbraBackstrom (mother's sister), Dave Berger (sister's boyfriend) F. September 2000 (birth) to August 2001 440 3" Street W. Fairview, PA Mother, Father The mother of the child is Sara 1. Backstrom, currently residing at 25 S. 39th Street, Camp Hill, Cumberland County, Pennsylvania. The father of the child is Michael D. Lewis, currently residing at 399 Second Street, Highspire, Dauphin County, Pennsylvania.. 5. The relationship of Plaintiff to the child is that of mother. The child currently resides with Plaintiff. 6. The relationship of Defendant to the child is that of father. Defendant currently resides with his mother, Thelma Ann Lewis, and her partner, Judy Tate. It is believed there is also an unknown individual residing in the basement. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting Plaintiff primary physical custody of the child. 10. 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 This Honorable Court to award her primary physical custody of the minor child with partial physical custody to Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: . Winnick, Esquire ID# 13 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: 7/-3 I J{jJ'" VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date:-J~-'~O{).fj' l~ jdf/itJJt) 7V 0 -lQ \ ..... ~ -- -- 8 ~ Uf ( ) - C> cj.' -,j ~ ~ . ;--1 ~ - ,,,- 1\) -- CY lJ( \ €"" ~ ~ - - c.) .:,' , ."" ,.'~ ~-,' ,-C' SARA J. BACKSTROM PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-3985 CIV]L ACTION LAW MICHAEL D. LEWIS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, August 08, 2005 , upon consideration of the attached Complaint. it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, September 08. 2005 , the conciliator, at 10:00 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 conferenee. Failure to appear at the conferenee mav provide grounds for entry of a temporary or permanent order. The eourt 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: Isl Dawn S. Sunday. Esq. Custody Conciliator ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Aet of 1990. For infonnation about aecessible 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F]ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 ]66 ~p"~,, p.p. ~ ~ 50-6$ ~ ~ ~ '~k J't9'j~ ~~ ? .& /P: ",.,,: ~ -;P?)JC/...? g, VlNV^1ASNN3d AlNf'lOO G'.Tif1H39~O LO 1(: Wd 6- 9nHOOZ AW1ONOHlOl:Jd 3Hl.:lO 3:J1:l:!CKJ311:1 JRECEIVED SEP 07 20OS"Y SARA J. BACKSTROM Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-3985 CIVIL ACTION LAW MICHAEL D. LEWIS Defendant IN CUSTODY ORDER OF COURT AND NOW, this ---1tL day of ~e pi- ' 2005, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The Mother, Sara J. Backstrom, and the Father, Michael D. Lewis, shall have shared legal custody of Michaela J. Lewis, born September 2,2000. Each parent shall have an equal right, to be exercised 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 her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child beginning September 9,2005 on alternating weekends from Friday at 7:00 p.m. through Sunday at 7:00 p.m. In addition, during weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child on Tuesdays when the Father shall pick up the Child from school or daycare before 6:00 p.m. until 9:00 p.m. During weeks following the Father's weekend periods of custody, the Father shall have custody ofthe Child on Thursdays when the Father shall pick up the Child from school or daycare before 6:00 p.m, until 9:00 p.m. The weekday partial custody schedule shall begin on Thursday, September 15, 2005. 4. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 5. Each parent shall be entitled to have custody ofthe Child during the summer school break each year for two weeks (to be scheduled non-consecutively unless otherwise agreed between the parties) upon providing at least 30 days advance notice in writing to the other parent. The party providing notice first under this provision shall be entitled to preference on his or her selection of vacation dates. Each party shall schedule his or her periods of custody under this provision to include that party's regularly scheduled alternating weekend. '".) ,:". ';',C' ;-;:1-;_ ~::J lLJ :.L ::L.: 1-' D_ O ~::;... >. ('~) !?:; i.:2 c_ t...c.:::_ L"'J I ~ c;;:;> "" - 6. All exchanges of custody shall take place at Peppino's Restaurant except as otherwise specified in this Order or as agreed between the parties. 7. Neither party shall do or say anything which 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. 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, ') ~ Y' t.-',/ cc: ~. Blair, Esquire - Counsel for Father ~dley A. Winnick, Esquire - Counsel for Mother V SARA J. BACKSTROM Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-3985 CNIL ACTION LAW MICHAEL D. LEWIS Defendant IN CUSTODY 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Michaela J. Lewis September 2, 2000 Mother 2. A custody conciliation conference was held on August 31, 2005, with the following individuals in attendance: The Mother, Sara J. Backstrom, with her counsel, Bradley A. Winnick, Esquire, and the Father, Michael D. Lewis, with his counsel, Nora F. Blair, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 5 fJl-ur--bvr Date / dC-65 ( D'~c?'~ Custody Conciliator