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HomeMy WebLinkAbout06-1105 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA MISHA J. DOUGHTY, Plaintiff, Civil Action At Law---Custody CaseNo.nL- Uos C"l..>~L'--r~ VS. ('", r--,.) DAVID N. SPERA W, Defendant, \.~ ; f",) =-:;j ;:oj):!,] . , COMPLAINT FOR CUSTODY (,"! 1. ;-.,) ell The plaintiff is Misha J. Doughty, residing at 33 East Locust St. Mechanicsburg, 17055 in the County of Cumberland Commonwealth of Pennsylvania. ~~3 2. The defendant is David N. Speraw, who currently resides at 27 South 19th Street, Apartment #4, Harrisburg, 17104 in the County of Dauphin Commonwealth of Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Address Zakary T. Speraw same as mother Samantha A. Speraw same as mother Al!e dob 3/14/1994 dob 2/5/1998 4. Zakary was born outside of wedlock and Samantha within wedlock. 5. The children are currently in the custody of Misha J. Doughty whose current residence is 33 East Locust St. Mechanicsburg, 17055 in the County of Cumberland Commonwealth of Pennsylvania. Name Relationship I' . 7. The biological mother of the children is Misha J. Doughty, whose current address is 33 East Locust St. Mechanicsburg, 17055 in the County of Cumberland Commonwealth of Pennsylvania. 8. The mother is separated from he father, and has been since January 2003. 9. The father of the child is David N. Speraw and is currently residing at 2101 N. Cameron Street, Harrisburg, P A. 10. The father is separated from the Mother and is divorced from the same. 11. The relationship ofthe plaintiff to the child is that of a biological Father. The Plaintiff currently resides with the following persons: David N. Speraw 12. The plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the child in this or another court. 13. The plaintiff has no other information of a custody proceeding concerning the Children pending in a Court of this Commonwealth. 14. Plaintiff 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 children. 15. The best interest and permanent welfare of the children will be served by Granting the relief requested for the reasons as hereinafter recited: (a) The children currently reside with their mother in the home where they have a sense of stability and predictability and within which their physical and emotional needs are being fulfilled. (b) The plaintiff father has a pre-disposition towards violent behavior towards his children and on one occasion choked his son to the point of unconsciousness. (c) The father has a history of substance abuse, which is believed to account for his volatile behavior towards his children. (d) The father had been incarcerated for several years due to the physical assault of a third person. (e) The father does not have any physical accommodations that would allow him to have physical custody of his children to the extent he is currently residing in a rehabilitation center. (t) Zakary, has been diagnosed with Post-Traumatic Stress disorder, which was directly attributable to the physical and emotional abuse he endured from his father while in his custody. (g) The Mother has for the last 2 % years been the primary caretaker and caregiver to her children in the father's absence. (h) The Mother has a stable home environment and source of income to allow her to sustain the children's lifestyle for which they have become accustomed. (i) Plaintiff, believes and therefore avers that she can continue to provide a predictable and stable lifestyle of which, the children have become accustomed and will continue to be in the best interest of the children during their formative years and throughout their lives. WHEREFORE, Plaintiff Misha Doughty, respectfully requests for the aforementioned reasons, that the court grant and award him primary physical custody of the children. t. ., '. -, DATED: 1112/2005 GREGORY S. HAZLETT ~ ,,:. / 7 We Main Street // Mec anicsburg, PA. 17055 (71 7) 790-5500 VERIFICATION I veri ry that thc statcments made in this Complaint arc truc and correct. understand that false statemcnts herein are made subjcct to the penalties or 18 Pa.C'.S. & 4l)()4 relating to unSWOI11 falsification (0 authorities J Date: /Ji})O~ () ~ ~7l~ _ ~ C -.:t " -.J ~ ~ p- ~~J- Ln. t- ~ B ~...:, VI r ~-_._~ "," ...; MISHA 1. DOUGHTY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANJA V. 06-1105 CIVIL ACTION LA W DA VID N. SPERA W IN CUSTODY DEFENDANT ORDER OF COURT AND NOW. ___---"rid~Mareh 03, 2006 , upon consideration of the attached Complaint. it is hereby directed that paliies and their respective counsel appear before Melissa P. Greevy, Esq, . the conciliator, at MDJ Manlove's, 1901 State SI., Camp Hill, P A 17Q!L on __Tlt~rs<!llY!_;\l'rill",~_OO~_____ at 8:30 .AM for a Pre-Hearing Custody Conference. At sueh eon ference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to deline and narrow the issues to be heard by the court, and to enter into a temporary order. Al1 ehildren 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/ Mel:ssa P. Greexx., ESCJ..--1Jft1 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before tbe court, please contact our office. Al1 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 170 I 3 Telephone (717) 249-3166 ~~P~~~/ -;P;/ ;Z ~J1/ rr!L, ~# P J ;'fr',w~} -jY{J "'JL7-,F:r ."'1, C /v ~ .c J)IJ- F 0:' ! q .;, I I 1 ,':'~. \1" ',' I , '. . 1 " . I. ~ , .'" 7 , 'IPR 2 1 2006 , IN THE COURT OF COM~fl~J~~J CUMBERLAND COUNTY, PENNSYLVANIA MISHA J. DOUGHTY, Plaintiff NO. 06-1105 CIVIL TERM v. CIVIL ACTION - LAW DAVID N. SPERAW, IN CUSTODY Defendant ORDER OF COURT AND NOW, this "J l.{~ day of April, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leoal Custody. The parties, Misha J. Doughty and David N. Speraw shall have shared legal custody of the minor children, Zakary T. Speraw, born March 14, 1994, and Samantha A. Speraw, born February 5, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. \)5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody of the minor children. Father shall have partial custody of Samantha which shall be arranged as follows: A. Commencing April 1 , 2006, on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., unless these times are altered by the mutual agreement of the parties. The parties shall have the option to switch or trade weekends by their mutual agreement. B. Other such times as the parties may agree. 3. Transportation. Transportation to the custodial exchanges shall be provided by Father's friend, Yvonne. Should Father's parole officer give her consent, the parties shall also have the option of having their custodial exchange occur at a mutually-agreeable public place meeting point such as the Christian Life Assembly Church which the parties attend. 4. Holidays. The following attached holiday schedule shall supersede the regular schedule. .' .. NO. 06-1105 CIVIL TERM 5. Vacations. Each party shall be entitled to up to two non-consecutive weeks of uninterrupted custody for purposes of summer vacation. For purposes of this Order, a week is defined as seven days. The parties shall provide each other with at least two weeks notice of their intended vacation plans to avoid the possibility of scheduling conflicts. 6. Father reserves the right to petition the Court for contact with Zakary in a therapeutic context which would be the appropriate beginning point to repair the father/son relationship. /~o BYT J. Dis!: ,_~ory S. Hazlett, Esquire, 7 West Main Street, Mechanicsburg, PA 17055 ~vid N. Speraw, 27 South 19th Street, ApI: 4, Harrisburg, PA 17104 'J , ~ ~ -'..! ,.,' .. HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1st Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1" Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2nd Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :260890 Plaintiff APR .~ 1 2()[i5 IN THE COURT OF COMkoN-PlEASOFi CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1105 CIVIL TERM /' ... . MISHA J. DOUGHTY, v. CIVIL ACTION - LAW DAVID N. SPERAW, IN CUSTODY Defendant 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 THE CUSTODY OF Zakary T. Speraw Samantha A. Speraw March 14, 1994 February 5, 1998 Mother Mother 2. Mother filed a Complaint for Custody on or about February 27, 2006. A Custody Conciliation Conference was held on April 13, 2006. Present for the conference were: the Mother, Misha J. Doughty, and her counsel, Gregory S. Hazlett, Esquire; the Father, David N. Speraw, participated pro se. 3. The parties patiently worked towards an agreement which is reflected in the Order as attached. The Order pertains primarily to Samantha, but reserves Father's right to later petition the Court for contact with his son in a therape' ntext as a beginning point to address the possibility of repair to their relationship. J; -'It ()!; Date I elissa Peel Greevy, Esquire Custody Conciliator :273451