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HomeMy WebLinkAbout06-7267IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSICA STOUT, PLAINTIFF v. Docket No. MICHAEL WINTER, DEFENDANT COMPLAINT IN CUSTODY 1. The Plaintiff is Jessica Stout, residing at 130 Victoria Drive, Mechanicsburg, PA 17055. 2. The Defendant is Michael Winter, whose current address is believed to be 420 Third Street, New Cumberland, PA 17070 (Telephone: (717) 712-0829). 3. Plaintiff requests that she be granted legal and physical custody of the following child: Name Present Residence Age Nevaeh Winter 130 Victoria Drive 4 months Mechanicsburg, PA 17055 The child was born out of wedlock to Plaintiff and Defendant on August 1, 2006. The child is presently in the custody of Plaintiff (mother), who resides at 130 Victoria Drive, Mechanicsburg, PA 17055, where child has resided since her birth. The mother of the child is Plaintiff, Jessica Stout, currently residing at 130 Victoria Drive, Mechanicsburg, PA 17055. 3 The father of the child is Defendant, Michael Winter, whose current residence is unknown to Plaintiff. 4. The relationship of Plaintiff to child is that of mother. The Plaintiff currently resides with the following persons: Name Nancy Stout Richard L. Barrick Charlotte S. Barrick Nevaeh Winter Relationship Mother Grandfather Grandmother Child 5. The relationship of Defendant to child is that of father. Plaintiff does not know with whom the father currently resides. 6. Plaintiff 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has been the primary custodial parent to the child since her birth in August 2006 and the child's physical, intellectual, moral, and spiritual well-being are of her utmost concern and interest. Moreover, Plaintiff is able to provide a stable and supportive home life in contrast to the situation of Defendant, whose circumstances are unknown to Plaintiff and whose mental condition and behavior pose a grave threat to the child. 4 8. 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. 9. Defendant suffers from severe mental or moral deficiencies that constitute a grave threat to the child. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant sole custody of the child, Nevaeh Winter, to Plaintiff. Edmund J. Berger Attorney for Plaintiff BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 5 VERIFICATION I, Jessica Stout, 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. §4904 relating to unsworn falsification to authorities. ~' c-'`"- ;, ~ .~ -, ='~ sica Stout 4 f" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSICA STOUT, PLAINTIFF v. MICHAEL WINTER, DEFENDANT : Docket No. You, MICHAEL WINTER, Defendant, have been sued in court to obtain custody of the child: NEVAEH WINTER You are ordered to appear in person at ,on ,at M., for ^ a conciliation or mediation conference. ^ a pretrial conference. ^ a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. t YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. Ail 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. BY THE COURT: Date: J. 2 f"~ <^;~ ~~ e~~ ~, r ~ ~~ T-, :- > ~ ~ ~~:, ~,, ~ -- ~, D ~~ ~ ".~ ~ ~ 'P ~~ d'• JESSICA STOUT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA W. • 06-7267 CIVIL ACTION LAW MICHAEL WINTER IN CUSTODY DFFF.NDANT ORDER OF COURT AND NOW, Tuesday, Januar~02, 2007 ,upon consideration 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 Wednesday, January 24, 2007 at 9:00 AM for aPre-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 ale 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 e:~isting Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: Is/ Dawn S. Sunda, Esq. _ 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 SF.T FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEUAL HELP. Cumberland County Bar Association 32 South Bedl~~rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3I~6 S_ F ..~ ~~"~~ ~~? t,~. ~ a~ ~~~/~) ~-~a? ~r~ ~. 7 ~_ :> ~' d ~U~~~.;~ JAN 2 5 2007 JESSICE STOUT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. MICHAEL WINTER Defendant 06-7267 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT ~ y AND NOW, this ~_ day of ~ ~ IJ l~ ~ ~ 1 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Jessica Stout, and the Father, Michael Winter, shall have shared legal custody of Nevaeh Winter, born August 1, 2006. 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. Each parent shall be entitled to have equal access 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 every Sunday from 12:30 p.m. unti16:00 p.m., based at the paternal grandmother's residence. 4. The Mother shall have custody of the Child every year for Mother's Day and the Father shall have custody of the Child every year for Father's Day. The parties shall share having custody of the Child on the other holidays as arranged by agreement. 5. The parties shall share provision of transportation for exchanges of custody as arranged by agreement. 6. Neither party shall remove the Child from the Commonwealth of Pennsylvania without the consent of the other parent. 7. The Protection from Abuse Order entered by this Court on January 2, 2007, is modified to the extent of any inconsistencies with this Order. The Father shall be permitted to have contact with the Mother for the limited purposes of exchanging custody of the Child and addressing legal and physical custody issues related to the Child. ti 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, ~v` M. L. Ebert J. cc: VE and J. Berger, Esquire -Counsel or Mother ichael Winter -Father ~ r~ _~~-- .:`i l Z ;~; ~~~ ~~ ~~~~' lO~Z i~~'~'~C~'~: "id H.I. ~~ JESSICA STOUT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. MICHAEL WINTER Defendant Prior Judge: M. L. Ebert 06-7267 CIVIL ACTION LAW 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 Nevaeh Winter August 1, 2006 Mother 2. A custody conciliation conference was held on January 24, 2007, with the following individuals in attendance: the Mother, Jessica Stout, with her counsel, Edmund J. Berger, Esquire, and the Father, Michael Winter, who is not represented by counsel in this matter. The paternal grandmother, Cheryl Digrugilliers, and the maternal grandmother, Nancy Stout, also attended and participated in the conference. 3. The parties agreed to entry of an Order in the form as attached. `~ ~vrw ~ 02 ~ o~ m7 Date Dawn S. Sunday, Esquir Custody Conciliator SHERIFF'S RETURN - REGULAR CASE NO: 2006-07267 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STOUT JESSICA VS WINTER MICHAEL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon WINTER MICHAEL the DEFENDANT at 1626:00 HOURS, on the 28th day of December 2006 at 418 THIRD STREET #1 NEW CUMBERLAND, PA 17070 by handing to MICHAEL WINTER a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.96 Postage .39 Surcharge 10.00 .00 ~~z ~'~6 7 (~ / 4 3. 3 5 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/02/2007 BERGER LAW FIR t By: eputy Sheriff A.D. .1,. ,.~.. .. ..