HomeMy WebLinkAbout94-01580
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:1 BRETT E. COMITTINO.
II Plaintiff
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vs.
IN THE COURT OF COMMON PLEAS OF I
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CIVIL 94 - j5'8rJ ~~
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JENNIFER P. COHITTINO.
Defendant
IN CUSTODY
I ORDER OF COURT
I, AND NOW, ~, 1994. upon consideration of the attached
II Complaint, it is hereby directed that the parties and their respective counsel
II appear before --1:\"",\x.1t~'(:lI'lr"t~.the Conciliator, at 41" P/t2:1r
1,[v.".b.Co.l.OAI1~':"~n the ~ day of fVl;.y, 1994, at lo.'3IOn.~.
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for a Pre-Hearing Custody Conference.
At such conference. an
!I effort vi1l be made to resolve the issues in dispute; or if this cannot be
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;! accomplished. to define and narrov the issues to be heard by the Court. and to
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All children age five or older may also be
present at the conference.
Failure to appear at the conference may provide
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For the Court.
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II YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A I
if LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO I'
'I FIND OUT WHERE YOU CAN GET LEGAL HELP.
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OFFICE OF THE COURT ADHINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE. PA 17013
(7171 240-6200
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t icUi-OFfICE
Of THE fHuTHOHOTAhY
CUIoleERllNO C'lUtlTY
PEHtlSYLVAlHA "
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BRETT E. COHITTINO,
Plaintiff
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I IN THE COURT OF COMHON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
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I NO. CIVIL 94
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I IN CUSTODY
vs.
JENNIFER P. COHITTINO.
Defendant
COMPLAINT FOR CUSTODY
COKES NOW, Plaintiff. Brett E. Comittino. by and through his counsel,
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II Sally J. Winder, Esquire, and does petition the Court for primary
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residential custody as follows:
1. The Plaintiff is Brett E. Comittino, residing at 107 South East
Street. Carlisle. Cumberland County. Pennsylvania.
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II address is presently unknown but is known to be in the vicinity of Raleigh.
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2.
The Defendant is Jennifer P. Comlttino. whose exact residence
North Carolina.
3.
Plaintiff seeks primary physical custody of the following
child: Krystal Comittino, born April 18, 1990.
The child was not born out of
wedlock. The child is presently in the custody of her father, Brett E.
Comittino. who resides at the address set forth above.
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I following persons at the following addresses:
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Since her birth, April 18. 1990. the child has resided with the
With father. Chastity Cook.
Craig Comittino
at 107 S East St.. Carlisle, PA
Since 02/01194
With mother. Jennifer P. Comittino
vicinity of Fayetteville. NC
Since October 1992
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I The mother of the child is Jennifer Comittino currently residing at sn
With father. Karch 1992 through
October 1992
at RD3, 365 Route 625, Pittstown, NJ
With father 12/20/91 through
January 1992
at RD3, 365 Route 625. P1ttstown, NJ
With both parents. Brett Comittino
and Jennifer Comittino from birth
until September 1991
in North Carolina
Ii unknown address in North Carolina.
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She is presently married to the Plaintiff
but the parties have been separated since September 1991.
4.
The relationship of Plaintiff to child is that of natural father.
He currently resides at the address listed above with the child. his girl-
friend. and his brother.
For the year immediately preceding, Plaintiff, his
girlfriend. and his brother resided at 72 W. Louther Street. Carlisle, PA.
5. The Defendant is the natural mother of the child. At the time she
asked Plaintiff to take the child in January 1994. she was living in a hotel
room in North Carolina. It is believed she now lives with a boyfriend at an
unknown address.
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6. Plaintiff has not part1cipated as a party or witness, or in
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enother capacity. in other litigation concerning the child in another Court.
Plaintiff has no information of any other custody proceeding
concerning the child filed in a Court of this Commonwealth.
Plaintiff dous not know of a purson not a party to tha proceeding
who has physical custody of the child or claims to have custody or visitation
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Mother is!
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not capable of providing adequate housing for the child or taking care of her !
rights with respect to the child.
7.
The best interests and permanent welfare of the child, Krystal
Comittino. will be served by granting primary custody to the father because
he is capable ot providing the physical and psychological needs of the child
nurturing her and raising her in a loving. stable home environment.
as evidenced by her consent to father taking the child because mother could
not care for her. Father has in the past been the primary custodian of the
child because mother was incapable of caring for the child. Mother has
recently had another child and is not capable of caring for that child who
not in her custody at the time father picked up Krystal in January 1994.
Brett Comittino is not the father of that child.
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.
WHEREFORE. Plaintiff requests the Court to grant primary physical
custody of Krystal Comittino to him subject to reasonable rights of partial
custody in mother. Jennifer P. Comittino.
Respectfully submitted,
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true
and correct to the best of my personal knowledge and bolief. I understand
that false statements herein sre made subject to the penalties of 18 Pa. C.S.
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Date:
3,/3q,/9/f
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BRETT E. COHITTINO
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STATE OF NORTH CAROLINA
In the General Court 01 Juatlce
EXEMPLI FICA TION
,..h. ,.nAto:~
County
U,S. Code Tille 28.1738
As Clerk of the Superior Court of this County, State of North Carolina, I certify that the allached copies of the
documents described below are true and accurate reproductions of the originals now on file In this office.
Number Ind OllcripUon of IUlchld docum.nt.:
Temporary Custody Order and Order to Shaw Cause in case No. 94-CvD-513
entitled Jennifer Paige Comittino Vs. Brett Evan Comittino (3) Pages,
dated April 7, 1994.
Oat.
SEAL
6, 1994
Slgnatur.
o Clllk of the Superior Court
:rn AIIII'ln, CSC
As a Judge of the General Court of Justice, Stste of North Carolina, I certify that the signature appearing above Is
that of the Clerk or Assistant Clerk of Superior Court forthls County, who Is duly sworn. I further certify thallhe seal
affixed to the certificate appearing above Is the seal of this court and that It has been used here In good form by the
proper officer.
Oat.
SEAL
Ma 6 1994
Slgn.tu'.oIJUd~ ~~
As Clerk of the Superior Court of this County, State of North Carolina, I certify that the signature appearing
above is that of a duly sworn Judge of the General Court of Justice, State of North Carolina.
Olt.
May 6, 1994
SEAL
Slgnaturl 01 Clerk
D AIII.tlnt csc
Clerk 01 the S"p.rlor Court
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NORTH CAROLINA IN'THE'GENERAL COURT OF JUSTICE
DI~\T~I~! COURT DIVISION
HARNETT COUNTY :~~~ j,?R -7 :1 . 'ILl ('v /) 5%3
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JENNIFER PAIGE COMITTINO :}..' .. ,.' '." .v,
Plai~tiff :)"..' ~O {fY/VJ
)r:" r - -(-'I!!l'll'6NARY CUSTODY O~DE~
vs. ). AND ORDER TO SHOW CdUS~
) ,
BRETT EVAN COMITTINO, )
Defendant )
. . . . . . . . . . . . . . .
Upon verified complaint filed in this action, and upon
representations made by counsel for the plaintiff during a hearing
on plaintiff's motion for an ~ parte Temporary Custody held on the
iPth day of April, 1994, it appears to this Court that the
circumstances of this case render it appropriate to protect the
best interest of the minor child by granting temporary custody of
the minor child to the plaintiff; sufficient cause appearing it is
hereby:
ORDERED that the defendant appear before me or the JUdge
presiding at the Civil Domestic Session of the Harnett County
District Court in the Harnett County Courthouse, located in
Lillington, North Carolina on the ~&~day of April, 1994 at 9:00
a.m. or as soon thereafter as the parties may be heard, and show
cause why an order should not be entered granting the plaintiff
custody of the minor child.
ORDERED that pending the hearing and determination of this
motion, the plaintiff is granted the exclusive custody of the minor
child.
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ORDERED that a designated official of the Cumberland County,
Pennsylvania Sheriff's Department shall forthwith serve a copy of
this order upon the defendant and shall aid the plaintiff in
obtaining physical custody of the minor child, Krystal Katherine
Comittino. , t/-
This ~ day of April, 1994.
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District Court Judge
OPY FROM RECORD
l'filJE C h . I I \r.)ro unlo sat my hand
h1 Tcnl\mOflY w,,~~: CC:j(1 lit carlisle. ~~
mllloa 5~1 (II .... 181,.
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Protl1onol1fY
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SHERIFF'S RETURN
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RECEIVED:
, 1994
SERVED: , 1994, bydeliverinq
a copy of the Temporary Custody Order and Order to Show Cause, the
Notice and a copy of the Complaint which contains a Motion for
Temporary Custody in this matter on at
Sheriff of Cumberland County
By:
Deputy
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STATE OF NORTH CAROLINA
In the General Court 01 JUIUce
EXEMPLIFICATION
Harnett
County
U,S, Cod. Till. 28-1738
A8 Clerk of the Superior Court of thl8 County, State of North Carolina, I certify that the attached copies of the
document8 de8crlbed below are true and accurate reproductlon8 of the originals now on file In this office,
Number .nd O.lcrlp'lon o' .n.ch.d docum.n'I'
Temporary Custody Order and Order
entit1 d Jennifer Paige ~omittino
. ~'I IQ9#.(nows)
to Show Cause in case No. 94-CvD-513
Vs. Brett Evan Comittino (3) pages~~A~
Ol'e
SEAL
Ma 6 1994
Slgn.tur.
IJ AIIII,ant CSC
Clerk o' th. Superior Cour1
As a Judge of the General Court of Justice. State of North Carolina, I certify that the signature appearing above Is
Ihat of the Clerk or Assistant Clerk of Superior Court for thla County, who Is duly sworn. I further certify that the seal
affixed to the certificate appearing above Is the seal of this court and that It has been used here In good form by the
proper officer.
Oil.
SEAL
94
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As Clerk of the Superior Court of this County. State of North Carolina. I certify that the signature appearing
above is that of a duly sworn Judge of the General Court of Justice, State of North Carolina,
D.tl
May 6, 1994
SEAL
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Signalur. 01 Clerk of Superior Cour1
o Cl.rk 01 the SUPlnor Court
Aoe.a.' 02
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(
NORTH CAROLINA : 11 8;~ THE GENERAL COURT OF JUSTICE
. - DISTRICT COURT DIVISION
HARNETT COUNTY I~S~ AFR 20 ~}III: 57 'f'1- c> II .J)-- ~L.3
JENNIFER PAIGE COMITTINO,:.: \F. I!:' n ':', :.:i ,'1', C.S.C.
Plairt~~ff) ~~r
BY l ~ "'IOHPORARY CUSTODY ORDER
vs. ) AND ORDER TO SHOW CAUSE
)
BRETT EVAN COMITTINO, )
Defendant )
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Upon ,verified complaint filed in this action, and upon
representations made by counsel for the plaintiff during a hearing
on plaintiff's motion for an ~ oarte Temporary Custody held on the
26th day of April, 1994, it appears to this Court (1) that Judge
McCormick previously entered a temporary custody order in favor of
the plaintiff on April 7, 1994, with hearing date set for April 26,
1994; (2) that the plaintiff has not been able to serve the
defendant; (3) that the terms of the previous temporary custody
order should be continued.
It further appears that the
circumstances of this case render it appropriate to protect the
best interest of the minor child by continuing the terms of the
previous temporary custody order by granting custody of the minor
child to the plaintiff; sufficient cause appearing it is hereby:
ORDERED that the terms of the previous temporary custody order
entered on April 7, 1994 are hereby continued in full force and
effect.
ORDERED that the defendant appear before me or the Judge
presiding at the Civil Domestic Session of the Harnett County
District Court in the Harnett County Courthouse, located in
Lillington, North Carolina on the 1o/th day of May, 1994 at 9:00
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a.m. or as soon thereafter as the parties may be heard, and show
cause why an order should not be entered granting the plaintiff
custody of the minor child.
ORDERED that pending the hearing and determination of this
motion, the plaintiff is granted the exclusive custody of the minor
child.
ORDERED that a designated official of the Cumberland County,
Pennsylvania Sheriff's DepaI'tment shall forthwith serve a copy of
this order upon the defendant and shall aid the plaintiff in
obtaining physical custody of the minor child, Krystal Katherine
Comittino.
This ~i day of April, 1994.
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TRUE COpy FROM RECORD
III Tes1!Mllrt)l 'r\'hi~fOOr, I hore unto set ITI'j hand
~nd ths ,,.1;'01 (1/ s.~ld C-')!lfl at c.J1lsIa. r:t"
Tlii'; 9_~~:[\ ~~~" 1~~
, PrDtllonoll!'Y
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SHERIFF'S RETURN
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RECEIVED:
SERVED: ,1994, by delivering
a copy of the Temporary Custody Order and Order to Show Cause, the
Notice and a copy of the Complaint which contains a Motion for
Temporary Custody in this matter on at
, 1994
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Sheriff of Cumberland County
By:
Deputy
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W~KE COUNTY CHILO SUPPORT ENFORCEMENT
MAlUNG~
P. O. Box 550
Raleigh, North Carolina 27602
(919) 85&6830
FAX (919) 856-5714
(i)
OFFICE:
Suits 740
Walts County Courthouse
Raleigh, North QIrolIna
March 31, t994
Ms. Jennifer Comlttlno
4905 Vatery Ptace
RaleiRh. N.C. 27604
Re: tmESA
Dear Ms. Comlttino
Qlr l\gency has just received an ackncwleclyauClI.t fran the State Office in
Pennsylvania that your fOIJ\\S have been received by the State. Qlr
next ccn:respondence should be fran the local office that will handle your case.
We have no way of knowing how long it will be, but I will let you know when I
hear anything. Please do not expect additional infm:mation for at 1...._ tJu:ee
IOOJ1ths as the other state J:eqUests we not ask the States for at least 90 days.
Sincerely,
!)1J11~!j(ct-
Donna YacOut
Child S\1RlOrt Agent
(919) 856-6636
A: Palmer
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MARGINAL NOTE: .
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APR I 4 1994 It:..: ;
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CHILD SUPPORT i
Wake County Child Support
Attention Lillie Wright
P.O. Box SSO
Raleigh, NC 27602
RE: Jennifer Comittino vs.
Brett Comittino
Our: DR 22,375
Your: 93CVDB16
Dear Ms. Wright:
Our office recently held a support conference to consider support for two child-
ren (Krystal 4-18-90 and Trevor 9-13-93) as requested by their mother, Jennifer Comittino,
through URESA complaint filed on 12-20-93.
Please be advised that the defendant stated that Krystal (4-18-90) has been residing
with him since 1-30-90 and that Trevor (9-13-93) is not his child.
Therefore, at this time we would request that you immediately contact the plaintiff
regarding this matter and provide a written response to out office within thirty days so
. we may address this matter accordingly.
Thank you for directing your prompt attention to this matter.
",', -'-~-'?,-~'.- ~I'~:-.o;r/;';'-'-.~~~'~?~~~""'I--~
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BRETT EVAN COMITTINO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 -1580 CIVIL TERM
JENNIFER PAIGE COMITTINO,
Defendant
CUSTODY
RULE TO SHOW CAUSE
AND NOW, this ,,~ day of ~A;~ , 1994,
upon consideration of the defendant's preliminary objection to
jurisdiction a rule is entered against the plaintiff to show
cause why the within case should not be dismissed for lack of
jurisdiction. The rule is returnable .b~'a~:b;}::"'~~~~'v.....n,l
~ on the C\\1.. day oM\CJ..'(} , 1994, at ~:CO \>.m.
By tCurt.
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BRETT EVAN COHITTINO,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 94 - 1680 CIVIL TERM
CUSTODY
JENNIFER PAIGE COHITTINO,
Defendant
ORDER
AND NOW, this
day of April 1994, upon consideration
of the Defendant's Preliminary Objection to Plaintiff's
Complaint, it is hereby Ordered and Directed that the case is
dismissed for lack of jurisdiction.
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By the Court,
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J.
1, ~~1N:""
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BRBTT BVAN COMITTINO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 -1580 CIVIL TERM
JENNIFER PAIGE COMITTINO,
Defendant
CUSTODY
ORDER
AND NOW, this ____ day of
, 1994, upon
consideration of the Defendant's Preliminary Objections to
Plaintiff's Complaint, it is hereby Ordered and Directed that the
above-captioned case is stayed pending further Order after this
court's communication with the District Court in Harnett County,
North Carolina,
Pending determination of the matter of jurisdiction, North
Carolina's Temporary Custody Order of April 6, 1994, giving
exclusive custody of the child to the mother is registered in
Pennsylvania under the above-captioned number and given full
force and effect.
By the Court,
J.
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BRETT EVAN COMITTINO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 -1580 CIVIL TERM
v.
JENNIFER PAIGE COMITTINO,
Defendant
CUSTODY
DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT
The defendant, Jennifer Comittino, by and through her
attorney, Joan Carey of Legal Services, Inc., files this
preliminary objection to the plaintiff's complaint pursuant to
Pa. R.C.P. Section 1915.5 on the following basis:
LACK OF JURISDICTION
1. The defendant, Jennifer Comittino, hereinafter referred
to as the mother, is an adult individual who currently resides at
1498 Overhills Road, Lot #2, Spring Lake, Harnett County, North
Carolina.
2. The plaintiff, Brett Comittino, hereinafter referred to
as the father, is an adult individual who currently resides at
107 South East Street, Carlisle, Cumberland County, Pennsylvania.
3. The parties are the parents of Krystal Katherine
Comittino.
4. On or about March 31, 1994, the plaintiff filed a Custody
Complaint in the Court of Common Pleas in Cumberland County and
on April 6, 1994, an order was entered sCheduling a conciliation
conference with Hubert Gilroy, Esq., for May 26, 1994, at 10:30
a.m. See Exhibit A incorporated by reference.
5. Pursuant to 23 Pa. C.S,A. ~ 5344, Pennsylvania does not
have jurisdiction for the following reasons:
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a. North Carolina has been the child's residence since
her birth and Pennsylvania is not the home state of the child.
b. The child has left North Carolina to visit with the
father for limited periods only at or about the following times:
1. November, 1991, to March, 1992, a visit with
the father in Pittstown, New Jersey (Camp
Tecumseh);
2. May, 1992, to September, 1992, a visit with
the father in Pittstown, New Jersey (Camp
Tecumseh) and in Newville, Pennsylvania;
3. January 22, 1994, to present, a visit with
the father in Carlisle, Pennsylvania which the
parties agreed would only last until April 2,
1994. The child was never returned to the
mother as agreed.
6. Unaware of the filing of a Pennsylvania case and before
the order was entered sCheduling the conciliation conference, the
mother instituted a custody action on April 6, 1994, in Harnett
County, North Carolina in response to the father's refusal to
return the child on April 2, 1994. After an ex parte hearing,
District Court Judge McCormick awarded the mother temporary
custody and scheduled a hearing at the Harnett County District
Court in North Carolina for April 26, 1994 at 9:00 a.m. See
Exhibit B incorporated by reference,
7. It is in the best interest of the child for the District
Court in Harnett County, North Carolina, to decide the custody
case because North Carolina is the home state of the child, the
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child has significant connection with North Carolina, and
substantial evidence concerning the past and future care,
protection, training, and personal relationships of the child is
available in North Carolina.
8. Since the North Carolina Court assumed jurisdiction,
held an ex parte hearing, and entered a temporary order before
any Pennsylvania Order was entered and unaware of the March 31st
Cumberland County filing, this court, pursuant to 23 Pa. C.S.A.
65347(c), should stay the Cumberland County case and communicate
with the court at North Carolina to determine the more
appropriate forum.
WHEREFORE, the defendant requests this Court to dismiss the
plaintiff's Custody Complaint for lack of jurisdiction.
Alternatively, the defendant requests that this court stay
the Cumberland County proceeding and communicate with the North
Carolina Court to determine the more appropriate forum.
The defendant further asks that the North Carolina temporary
order awarding custody to the defendant be given full faith and
credit pending further order after rescheduling the custody
matter for hearing in North Carolina.
The defendant also requests any other relief that is just
and proper.
Respectfully submitted,
(1
oan Carey
Legal Service Inc.
8 Irvine Row
Carlisle, PA
(717) 243-9400
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Pursuant to 61024(c)(2) of Pennsylvania Rules of Civil
Procedure, Joan Carey, of Legal Services, Inc., verifies that the
statements made in the above Motion are true and correct to the
best of my knowledge. To my knowledge, the defendant is in North
Carolina and therefore out of this Court's jurisdiction, and her
verification cannot be obtained within the time necessary to file
this Motion. I have sufficient information to verify the above
pleadings based upon telephone conversations between various
Legal Services staff members and the defendant as well as with
the defendant's attorney in North Carolina. The undersigned
understands that false statements herein are made subject to the
penalties of 18 Pa. C.S. 64904, relating to unsworn falsification
to authorities.
Date: /Jzt /r~
/ I
Carey
ttorney for De
LEGAL SERVICES,
8 Irvine Row
Carlisle, Pa 17013
(717) 243-9400
,
,
IARSl1994dr-
,~:~~'.
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SALLY I: WINDEll'
AttorMY III lAW
'101 B. _ Slna
SbIppeubUr1. PA 172SI
{"t' ....
BRETt E. COHITtINO.
Plain.::I.!!
IN TIlE COURT OF COMItON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
va.
I
I
I
I
I
I
I
NO. CIVIL 94 -.Li]:Q ~~
JENNIFER P. COMITTINO,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW. ~. 1994, upon consideration of the ettached
Co.p1aint. it is heraby directed that the parties and their reapactive counsel
appear before -1:\"''''"-1t j... &: Ir'1 ~. tha Conci1iator. at .!::1J" P//2:7,-
(VIflb.l.o.{p.t~':"~n the ~ day of ~, 1994, at Jo.' 3tJ A."".
.... for a Pre-Bearing Custody Conference. At such conference. an
effort will be made to resolve the issues in dispute; or if thia cannot be
acco.plished, to define and narrow the isaues to be heard by the Court. and to
enter into a temporary Order. All children age five or older .ay a1ao be
present at the conference. Failure to appear at ~he conference ..y provide
grounda for entry of e temporary or permanent Order.
"
For the Court.
By: ~~-~~:
'cua~oncil:llar.or ....../~
YOU SHOULD TAKE THIS PAPER to YOUR LAWYER AT ONCE. IF YOU DO NOT DAVE A
LAWYER OR CANNOT AFFORD ONE, GO to OR TELEPHONE TBE OFFICE SET FORTB BELOW to
FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE. 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6100
4
r
I::XlllBlT A
'.
,
BRETl' E. COKITTINO, I IN THE COURT OF COKKON PLEAS OF
P1aint.iff I CUKBERLAND COUNTY, PENNSYLVANIA
I
vs. I
. NO. CIVIL 94 -
.
JENNIFER P. COKITTINO,
Defendant. I IN CUSTODY
COMPLAINT FOR CUSTODY
COKES NOW, Plaintiff, Bret.t E. Comittino, by and t.hrough his counsel,
Sally J. Winder, Esquire, and does pet.it.ion the Court for primary
residentis1 custody as follows:
1. The Plaintiff is Brett E. Comittino, residing at 107 South East
Street, Carlisle, Cumberland County, Pennsylvania.
2. The Defendant is Jennifer P. Comittino, whose exact residence
address is presently unknown but is known to be in the vicinity of Raleigh,
North Carolina.
3. Plaintiff seeks primsry physical custody of the following
chi1dl Krystal Comittino, born April l8, 1990. The child was not born out of
wedlock. The child is presently in the custody of her father, Brett E.
Comittino, who resides at the address set forth above.
... - - --_.- ---~'_ _.__40__
t'
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I
Since her birth, April 18, 1990, the child hes resided with the
following persons at the following addresses:
With father, Chastity Cook,
Craig Comittino
at 107 S East St., Carlisle, PA
Since 02/01/94
With mother, Jennifer P. Comittino
vicinity of Fayetteville, NC
Since October 1992
With father, Harch 1992 through
October 1992
at RD3, 365 Route 625, Pitts town, NJ
With father 12/20/91 through
January 1992
at RD3, 365 Route 625, P1ttStOwn, NJ
With both parents, Brett Comittino
and Jennifer Comittino from birth
until Saptember 1991
in North Carolina
The mother of the child is Jennifer Comittino currently residing at an
unknown address in North Carolina. She is presentiy married to the Plaintiff
but the parties have been separated since September 1991.
4. The relationship of Plaintiff to child is that of natural father.
He currently resides at the address listed above with the child, his girl-
friend, and his brother. For the year immediately preceding, Plaintiff. his
girlfriend, and his brother resided at 72 W. Louther Street, CarliSle, PAt
5. The Defendant is the natural mother of the child. At the time she
asked Plaintiff to take the child in January 1994, she was living in a hotel
room in North Carolina. It is believed she now lives with a boyfriend at an
unknown address.
..
"
,
t >~~..
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.. Pl..n~i'r h.. nat part&a'p.w.a .. . p.r~y or w~cn.... Gr ~n
anothar aapacity, in other litisetion concerning the child in another Court.
Plaintitt haa no intor~ation of any other custody proceeding
concerning the child filed in a Court of this Commonweelth.
Plaintitf do.. not know at e parson not a party to the proceeding
who h.. phy.ical au.tody at the child or clai~s to have custody or visitation
right. with re.peat to the child.
7. The be.t intur..t. and purmanont welfare of the child, Krystal
Comittino, will be .erved by granting primary custody to the father because
he i. capable ol providing the physicel and psychological needa of the child
nurturing her and raising her in a loving, stable home environment. Mother is
not capable of providing adequate housing for the child or taking care of her
a. evidonced by her consent to father taking the child because mother could
not c.re tor her. Father has in the past been the primary custodian of the
child b.cau.e mother was incapable of caring for the child. Mother has
recently had another child and is not capable of caring for thst child who was
not in her cu.tody at the time father picked up Krysta1 in January 1994.
Brett Comittino i. not the father of that child.
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
na~ed a. parties to this action.
WHEREFORE, Plaintiff requests the Court to grant primary physical
au.tody of Krysta1 Comittino to him subject to reasonable rights of partial
cu.tody in mother, Jennifer P. Comittino.
Respectfully submitted,
s~w~~~~
Attorney for Plaintiff
- - ..
- -- ---. .'-'
"'-.-'-'--,
~ - .~-.- ---
~, !
..
VERIFICATION
I verify that the statements made in the foregoing Complaint are true
and correct to the best of my personal knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.
section 4904 relating to unsworn falsification to authorities.
Date:
~/3q/9~
dxh-t~
DRm E. COKI1'TINO
- .... .P. . .
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.. . '" rl OF NORTH CAROLINA
_..._.~" .1._____,..
~r;.v 00518
'"mNo.
.._......- ,.--.-
In the Generel Court 01 JUIUce
OIIlrICI Court Olvlllon Superior Court OI.llion
Harnett.
County
1II11l'tUftHIIM
J.nn1~~f paige C~~1ttino
All""'
..ill~_C?yerl.!H]'_I!.J!.<!...' Lot #2
Clly, .....,&1'
B rln Lake NC 28390,.___.,. ,_,. ,
VERSUS
CIVIL SUMMONS
as lA.l, RUlli 3. 4
Dol_Ill
Brett Evan Comlttlno
· 0 All.. and Plurle. Summon.
The Iummono orlglnllly IlIueo agalnol you wal rllu,ned nolo.rVI<
Oil, L111' Summon, '"U.d
TO' TO:
, Brett Evan Comlttino
~a;; ~ ~';~~~;II~~~nG~~~'~~:- ..' --,. --_'_' . '_-'l.,N,"m..' · Ada;,i. 01 SOC.;'O oi,i';.;.,
107 South East St.
ele PA 17013
.._ . _. - __. - e_ ._ .____
. .- ~._-_.._-
A Civil Acllon Has eaan Commenc.d Against Yout
You are notified 10 appear and answer the complaint 01 the plalnllll as lollows:
1. Serve a copy 01 your written answer to the complaint upon the plalntllJ or his allorney within thirty (30) days
Iller you hava been served. You may serve your answer by delivering a copy to him or by mailing It to him at his
last known address, and
2, File the original of the written answer with the Clerk 01 Superior Court of the county named above,
II you lall 10 answer the complaint the plalntill will apply to the Court lor Ihe relief demanded In the
complaint.
Him. and AcId"" 01 PI,ln,.lfa Attorn.y
II non.. Adar"1 or P'I.nlltf
I 011. ISllled .
ts~
~:-~:PU'Y CSc
~~ji_ .~ D~'
o Allllllnt CSC 0 CI"k 01 SUDlrlor Court
Christopher L. Carr
The Woodall Law Firm, P.A.
Post Office Box 39
Llll1ngto!1' ...N(..~_?~46 .______,_
o ENDORSEMENT
This summons wae originally Issued on the date indicated above and returned not served. Allhe request 01
the plalntlll, the time Within which this summons must be served Is extended thirty (30) days.
011.01 EnGor..ment
-- -r,m,
DAM 0 PM
EXHIBIT B
SI9n'tur.
----.---..
o Oeputy CSC
- 9'. _.__
o el,,,; at Superior Coun
o ....Ul".nl CSC
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;~j~ ^PR ..:, Mol a
COMITTIlio.l.,' ) . i 't, L,S.C.
Plaint1f1f" ")
.,
JENNIFER PAIGE
vs.
I.' )-
, -')-' ,
.'- .
COMPLAINT
-
)
BRETT EVAN COMITTINO, )
Defendant )
.. ......,...
The plaintiff, complaining of the defendant, alleges and says:
1. That the plaintiff is a citizen and resident of Harnett
County, North Carolina.
2. That the defsndant is a resident of the Town of Carlisle,
State of Pennsylvania.
3. That the plaintiff and the defendant are the parents of
Krystal Katherine Comittino who was born on or about April 18,
1990.
4. That the plaintiff and defendant were separated on
September 21, 1991, and by mutual agreement the plaintiff kept
physical custody of the minor child.
5. That the minor child has resided with the plaintiff
mother for the majority of her life. That since the separation of
the plaintiff and defendant, the minor child has resided with the
plaintiff mother, except for three periods of extended visitation
by the child with the defendant father. These extended visitations
occurred with the consent and agreement of both parties as follows:
,D. November, 1991 to M/lrch" 1992, an extended visit by
the defendant father with the child in Pittstown,
New Jersey (Camp Tecumoeh). That, after several
demands from thd mother, the defendant father
returned the child to the. plaintiff mother.
,... , ,... " ..' .., ". . .. ..... .. .......
...... .
~. . .;".... ,'....:l...;..' .....~. ......... . ..1,.,... .... '_". .,. ~... . .. .,\.~. ........--._
.
b.
c,
May, 1992 to September, 1992, an extended visit by ~
the defendant father with the minor child in
Pittstown, New Jersey (Camp Tecumsah), and at
Newville, Pennsylvania. That the plaintiff mother
traveled to Pennsylvania to visit with her daughter
for one week. That the defendant father returned
the child to the plaintiff mother.
January 22, 1994 to present. The .plaintiff and
defendant agreed that the defendant father would
have an extended visit w~th the minor child at his
home in Carlisle, Pennsylvania until Easter weekend
(April 2, 1994). That the plaintiff mother
contacted the defendant father on Saturday, March
25, 1994 to discuss the travel arrangements for the
return of the child to the phintiff. That the
defendant father refused to return the child to the
plaintiff mother, saying he "could not afford" to
bring the child home to North Carolina. That the
plaintiff mother volunteered to go to Pennsylvania
to pick up the child, and the defendant father
agreed. That the plaintiff mother did go to
Pennsylvania on March 25, 1994 and attempted to
bring her child home. That, after going to several
homes, including that of the defendant, his mother,
and his grandparents, the plaintiff was unable to
locate her child. That the plaintiff returned to
North Carolina, and commenced preparing for this
action.
6. That during the periods when ~he minor child was visiting
with her father, the plaintiff
daughter, calling at least once
mother has kept in touch with her
, '
a week. ,'fhat while t.he minor child
has been with her mother, the defendant father does not call or
contact his daughter, except when the daughter asks her mother to
call him.
7. That for the period from September, 1992 to January 21,
1994, the defendant father had no visitation with his daughter,
except for one day, January 1, 1993.
8. That the plaintiff mother has at all times since the
parties separation tried to cooperate with the defendant father
relative to visitation, but due to his refusal to return the child
.
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. .'
to her mother on Easter weekend as agreed, she has now resorted to
the Court in order that the minor child's environment might be
stabilized, and that the parties might have a more definite custody
and vieitation arrangement.
9. That in order to avoid controversy and conflict between
the parties over the custody of the minor child, it is in the best
interest of all parties that this Court make a primary award of
custody of said child; that pursuant to N.C.G.S.S50A-3, that North
Carolina is the home State, of the child, and there exist facts
justifyinq this Court to assume jurisdiction to determine custody
of said child, and the information required by N.C.G.S.S50A-9 is
contained in the affidavit marked Exhibit "A" attached hereto and
incorporated in this complaint and made a part hereof.
10. That the plaintiff is a fit and proper person to have the
care and custody of the minor child and it is in the best interest
of said minor child that her care, custody, and control be placed
with the plaintiff.
11. That pending the hearing in this cause, it is necessary
to issue an order for temporary custody of the minor child in order
to stabilize the environment of said child and to avoid emotional
trauma resulting from any conflict between, the parties.
WHEREFORE, the plaintiff prays the Court as follows:
1. ,That the plaintiff be awar.ded the primary custody of the
minor child named above.
2. That an order issue arantina temoorarv c\lRtndv nf the
----.---------------.-.-.-.--..-.-.-.----------.-.-.--------.--.-------.-.-----------.----.-.
..... .-.:.....\........ ...;...
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......-.................b.'.'.."'-....__.,
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. ...... .....-........ . ......-----..-..-
3, That an order iuue granting permanent ouetody to the
plaintiff
4, For luch other and further relief al the Court may deem
jUlt
and proper.
Thil the ~ day
of April, 1994.
~~~~
air stop r L. Carr
Attorney for plaintiff
THB WOODALL LAW FIRM, P.A.
Post Office Box 39
Lillinqton, HC 27546
Telephone: (910) 893-5191
................*****...*...**************.***.**.**..****.********
NORTH CAROLINA
HARNETT COUNTY
JENNIFER PAIGB COMITTINO, being first duly sworn, depolel and
aaYI that ahe is the plaintiff in the foregoing action I that she
has read the foregoing complaint and knows the contents thereof and
that the same is true of her own personal knowledge and belief
except as to those matters and things alleged based upon
information and belief and as to those, she verily believes them
to be true.
VERIFICATION
Sworn t~~and subscribed before me
this ~~' day of April, 1994,
.
tot' \.
I li I .'.'
M"J)A[)J. --- U/~
~~ublrc
My COllUlliuion Expires: 1(. 1. Z
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p.s
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....~_. ......-_...._..~.. ~. ' ......-.---.--..-.
" ~ h
.
.
EXHIBIT -A"
NORTH CAROLINA
HARNETT COUNTY
JENNIFER PAIGE COMITTINO, )
Plaintiff )
)
VB, )
)
BRETT EVAN COMITTINO, )
Defendant )
. . . . . . . . . . . . . . .
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
AFFIDAVIT
JENNIFER PAIGE COMITTINO, of Harnett County, North carolina, first being
duly sworn, deposes and Baysl
1, That said affiant is the mother of the minor child who ill the
subject of this action, and is the plaintiff in this action,
2, That during her life, the child, Krystal Katherine Comittino, lived
with:
~ERIOD
4-18-90 to
8-31-90
PRESENT ADDRESS
N/A
~DDRESS PERSON LIVED WITH
3971 Gazella Circle wife & husband
Fayetteville, NC 28303
8-31-90 to cambridge Arms Apt.38D wife & husband
9-15-90 Fayetteville, NC
.
9-21-91 to 5702 Aftonshire Dr. wife N/A
11-91 Fayetteville, NC
(parties separated 9-21-91, husband moved into
barracks)
9-15-90 to
3-31-91
4905 Vallery place
Raleigh, NC 27604
(husband deployed in
5702 Aftonshire Dr.
Fayetteville, NC
3-31-91 to
9-91
11-91 to
3-15-92
Pittstown, NJ
(Camp Tecumseh)
(Extended visitation
5738 comanche St.
Fayetteville, NC
3-15-92 to
5-92
N/A
wife & wife'S
parents
Saudi)
'.0 ,'."
wife & husband
same (wife's
parents)
N/A
husband (and his
stepmother)
agreed on by both parties)
wife
actual address
unknown
N/A
..... .. ,.
.. . .
..
.' .
.
5-!12 to
8-!12
8-!12 to
!1-!12
!1-!12 to
12-!12
12-92 to
1-93
1-93 to
6-93
6-93 to
9-93
9-93 to
1-11-94
Pittstown, NJ
(Camp 'l'ecumseh)
468 Centerville Rd.
Newville, PA 17241
(Extended visitation
on by both parties)
1498 Overhills Rd(Lot4) wife
Spring Lake, NC 28390
,.....~,.'.......-... .'
.-.>'..'" .,.,,,,, _.......-..' .
..._..........................._._..J ..
.-
8442 Peggy St.
Spring Lake, NC 28390
4905 Vallery Place
Raleigh, NC 27604
907 Bradford Lane
Marietta, Ga
201 MCKay Dr. Lot 26
Spring Lake, Ne 28390
.
husband (and his
stepmother)
actual address
unknown
husband (and his
mother)
from 5-92 to 9-92 agreed
same for defen-
dant's mother
H/A
wife
N/A
wife (and wife's
parents)
wife
same for wife's
parents
N/A
wife
N/A
1-11-94 to Starlite Motel wife, N/A
1-22-94 Spring Lake, NC 28390
(wife looking for permanent residence, and
temporarily in motel, while in motel husband
contacted wife and the parties agreed that the minor
child would visit with the husband until Easter
weekend (4-2-94); the wife later moved to a
permanent address; husband refused to return child
to wife as agreed.)
1-22-94 to
present
107 South East St.
Carlisle, PA 17013
husband and
others
same for
husband
3. That this affiant has not participated as a party, witness or in
other capacity in litigation concerning the custody of the minor child.
4. That +his affiant does not have information of any custody
proceeding concerning the child mentioned above pending in a Court of this
or any other State.
5. That this affiant does no~ know of any person other than as stated
before who has had physical custody of the child, or who claims to have
custody or visitation rights with respect to the child.
..
'~
1~ ,~~'.~
. .'- ~.~...... . ,.. -,' ..'
..............---...........-........ ....- ...
. .
to her mother on Easter weekend as agreed, she has now resorted to ,
the Court in order that the minor chlld' s environment miqht be
stabilized, and that the parties might have a more definite custody
and visitation arrangement.
9. That in order to avoid controversy and conflict between
the parties over the custody of the minor child, it is in the bsst
interest of all parties that this Court make a primary award of
custody of said child; that pursuant to N.C.G.S.S50A-3, that North
Carolina is the home State of the Child, and there exist facts
justifyinq this Court to assume jurisdiction to determine custody
of said child, and the information required by N,C.G.S.S50A-9 is
contained in the affidavit marked Exhibit "A" attached hereto and
incorporated in this complaint and made a part hereof,
10. That the plaintiff is a fit and proper person to have the
care and custody of the minor child and it is in the best interest
of said minor child that her care, custody, and control be placed
with the plaintiff.
11. That pendinq the hearing in this cause, it is nece.sary
to issue an order for temporary custody of the minor child in order
to .tabi1ize the environment of said child and to avoid emotional
trauma resulting from any conflict between, the parties.
WHEREFORE, the plaintiff p~~y's I~he Court as followsl
1. . That the plaintiff be aw~~ded the primary custody of the
minor child named above.
2. That an order issue grantinq temporary custody of the
child to the plaintiff.
'~~~!
~ ';;'1"- __.:.:.. I,
.
......_........ .,.......,.,. _........w..... _'.._.' ........,. ....,.. _.............. ..__ ........ .......... .._"._......,................. .,..'........._.. ................,......,..~~,
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'l'hh tile C clay of April, 19 9 4 .
i
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Sworn to and lubscribed before
me this ~ day of April, 1994.
,6:I'......rf#"'"'.- {' -4-r.&C(.
N tary Publ c
My Commission Expires I ~- .,?,1. r s'
,
l
. ._ ._....01_.......___._.__
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.,'
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NORTH CAROLINA IN '~HE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
HARNETT COUNTY Ik34 APR -'f I'H 2.32 'i'LI ("vp .'JI.J
'. .. r r
JENNIFER PAIGE COMITTINO, Ilt.t,..a I ' I, l,..\.~.
Plaintiff ) ~
hY ~ .. 'I'BlIFORARY CUSTODY ORDER
~
vs . ) AND ORDER TO SHOW CAUSE
)
BRETT EVAN COMITTINO, )
Defendant )
..
. . . . . . . . . , . . . . .
Upon verified complaint filed in this action, and upon
representations made by counsel for the plaintiff durinq a hearinq
on plaintiff's motion for an ~ Darte Temporary Custody held on the
"th day of April, 1994, it appears to this Court that the
circumstances of this case render it appropriate to protect the
best interest of the minor child by granting temporary custody of
the minor child to the plaintiff; sufficient cause appearing it is
hereby:
ORDERED that the defendant appear before me or the Judge
presiding at the Civil Domestic Session of the Harnett County
District Court in the Harnett County Courthouse, located in
Lillington, North Carolina on the ~day of April, 1994 at 9:00
a.m. or as soon thereafter as the parties may be heard, and show
cause why an order should not be entered granting the plaintiff
'custody of the minor child.
ORDERED. that pending the hearing and determination of this
motion, the plaintiff is granted the exclusive custody of the minor
child.
"
I
. ,~Q":t~ I ,. ~...~ '; .#i'ttt.: t: hl~..";.t"'.~",;a.'"or;'.:'''';.'I;'''':J;~.t ~:~~'.~~;:...~,':.<.,..;~...... -1~~'':'':';llt''._ .~' '.I..............U....t"'*I'..~..
. . .. .
.
.
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',-
'...
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ORDBRBD that a des1qnated off1c1al of the Cumberland County,
Pennsylvan1a Sher1ff's Department 8hall forthw1th serve a copy of
thh order upon the defendant and shall dd the pldnUff in
obtain1nq physical cU8tody of the minor child, Krystal Katherine
Com1ttino.
'l'hh 111- day of Apdl, 19114.
,
Court Ju ge
'", ."
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. .-
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JUl:CIUVI!:D I
....',
.....
I
* * * * * * *
SHERIFF'sliBTURN
* * *....,jL: *
, 1U4
SBRVBDI , 1994, bydeliverin9
a copy of the Temporary Custody Order and Order to Show Cause, the
Notice and a copy of the Complaint which containe a Motion for
Temporary Custody in this matter on at
~
.
'.
Sheriff of Cumberland County
8y:
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: IN THE COURT OF COMMON PLEAS OF 'I
: CUMBERLAND COUNTY, PENNSYLVANIA
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II daughter, Krystal Katherine comittino, born April 18, 1990. The child was not born out of
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BREIT EVAN COMIITINO,
PlaintilT
vs.
JENNIFER PAIGE cOMIITINO,
Defendant
: NO. 94 . 1580 CIVIL TERM
: CUSTODY
PLAINTIFF'S BRIEF IN SUPPORT OF JURISDICTION
I. STATEMENT OF FACTS. The parties to this action are the natural parents ora minor
wedlock and the parents have been separated since September, 1992. The child has been with
father for extended visits. In January 1994, Mother was living in a hotel room. Father asked her I
to allow him to take Krystal and bring her back to Pennsylvania, Mother agreed that Father I
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could not support the child. Mother was not working and Is presently not working. At that time, I
i i Mother told Father that the child had been molested and that she thought it best that Father have
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should have the child as she was not able to provide for the child, could not feed the child and
the child at least until September when school started.
Testimony will confirm that Father is working full-time and taking care of Krystalas he
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has done since January 1994. The child is established in Father's household at this time and is in a :
caring and nurturing household which is a stable environment.
The custody Petition filed by Father in this case was filed March 30, 1994. The Order
scheduling the Custody Conciliation Conference was signed April 6, 1994. Defendant has
attached a copy of what appear to be pleadings filed In North Carolina as "Exhibit B" to her
Preliminary Objections to the Complaint. Those pleadings appear to be verified April 5, 1994. A
temporary ex parte Order is also attached, dated April 6, 1994. PlaintilThas never been served
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with any papers from North Carolina. He has only received a copy of the Defendant's Preliminary ,
Objections and the Rule to Show Cause with the attached Exhibits,
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II. ARGUMENT. The Pennsylvania Statute governing jurisdiction in this case is 23 Pa. C.S.A.
Section 5344. That section states as a general rule, that the Commonwealth of Pennsylvania is
competent to decide child custody jurisdiction matters by initial or modification deeree if
Pennsylvania is the home state ofthe child at the time of commencement ofthe proceedings or if
Pennsylvania has been the home state of the child within six (6) months before commencement of
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i parent continues to live in this Commonwealth. The primary consideration is the determination of i
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appropriate jurisdiction based upon the "home state" of the child. "Home state" in this case is !
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contested by Defendant on the basis that the child has not lived in Pennsylvania for six months and i
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therefore the Pennsylvania Court should decline jurisdiction in favor of North Carolina. [
However, the Pennsylvania Statute goes on to claritY that the Commonwealth of I
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Pennsylvania may determine that proper jurisdiction lies here where it is in the best interests ofthe I
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the proceedings and the child is absent from this Commonwealth because of his removal or
retention by a person claiming custody or for other reasons, and the parent or person acting as
child that aCourt of this Commonwealth as~ejuri~ti?.II,,~ecause of.~~~cant connection
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with the Commonwealth and the availability of substantial evidence concerning the present and
future care, protection, training and personal relationships ofthe child as well as the child's
physical presence in the Commonwealth. Plaintiff asserts that the child is in the Commonwealth
of Pennsylvania and the best interests of the child dictate that the Commonwealth determine
jurisdiction in order to protect this child. Generally a Pennsylvania Court will exercise its
jurisdiction when the child, or at least one of the parties contesting custody, have a significant
eonnection with Pennsylvania or substantial evidence is available here concerning the child's
present and future care, training and personal relationships. Moffitt v Moffitt, 356 Pa. Super.
142,514 A.2d 184 (1986).
In the instant case. the child is living in Pennsylvania and has been since January. The
Father is a resident of Pennsylvania and the present care of the child and her nurturing has
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has become a member of Father's household which is a stable environment. I
The purpose of the Unifonn Child Custody and 1urisdiction Act is to place jurisdiction in I
the forum where the child resides and where at least one of the parents resides because significant II
contacts and relationships have been established in that forum. Clearly, in this case, the child and ,
her Father are within the Pennsylvania Court jurisdiction. The action was filed in Pennsylvania I
prior to any filing in North Carolina. Father had never been served with any papers filed in North!
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Carolina. The Mother has come to Pennsylvania. The forum to deeide the future care ofthis i
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denied and the Cumberland County Court exercise its subject matter jurisdiction over the litigants I
and this child. I
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occurred in PeMsylvania. The paternal grandmother also resides in PeMsylvania and the child
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child is Cumberland County.
Therefore, it Is requested that the Petition filed by Mother challenging jurisdiction be
Respectfully submitted,
Sally 1. inder, Esquire
Attorney for Plaintiff, Brett A. comittino
70 I East King Street
Shippensburg, PA 17257
(717) 532.9476
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SALLY J. WINDER
Allor"..y UI.J.s1....
701 l!. KinK: Slftcl
ShipJlfn~bur.. PA 11H7
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BRETT EVAN COMITTINO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 94-1580 CIVIL TERM
V.
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JENNIFER PAIGE COMITTINO,
Defendant
CUSTODY
IN RE: OBJECTIONS TO COMPLAINT
ORDER OF COURT
I...,
AND NOW, this 9th day of May, 1994, the
preltmina~y objection of Defendant, Jennifer Paige Comittino, to
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jurisdiction under the Uniform Child Custody Jursidiction Act
is SUSTAINED. The Complaint of the father, Brett Evan
Comittino, for custody is DISMISSED. The father shall give
Krystal Katherine comittino, born 4/18/90, to her mother
tomorrow morning, May 10, 1994, at 9:00 a.m.
We note that a hearing on the merits of this
custody case has been set for May 24, 1994
of Justice of Harnett County,
The General Court
Sally Winder, Esquire
Counsel for the Plaintiff
Joan Carey, Esquire
Counsel for the Defendant
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JUN 06199ct-
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IIN 'l'HB COUR'l' OF CONNON PLEAS OF
ICUMBBRLAND COUN'l'Y, PBNNSYLVANIA
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INO. 1580 - CIVIL - 1994
:
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:CIVIL AC'l'ION - CUSTODY
BRE'l''l' B. COHI'l''l'INO,
Plaintiff
JENNIFBR P. COHI'l''l'INO,
Defendant
COUR'l' OllnR~
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AND NOW, this I day of t.o......,~ , 1994, the Conciliator
being advised that this case was transferred to the State of North
Carolina, .the Conciliator relinquishes jurisdiction.
H1f~~~y, Bsquire
Custody Conciliator
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