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HomeMy WebLinkAbout95-01492 \I) ~ o -7 '" ~ Q) o E: ~ .. j ~ - , <. '>";'", -:~;. z ",: "f- .. :~;i::-:'-o.+::";/(.:, , ,,-... "':.'u '," ~ ": ~" .. "~' ',; " '. <, ,"-, .,~ -~' ,..- ..; -. -:~ ';'-", ,,", .,1': ...J. '.' :. .~~;:i~.~ '". ", ~ .: .~'.. J ..:: ",CO, ." -.,~:. .;, " '< '!O-. " ',< , . '-~' .. c'- " .J "" .~ "-I -..J -.l Ln en - N I.""':) ~ "S:) \ ~ ~V")'-rl ::'. ~ J , P.., -, _l~~'; :'"' ,~::: ,,~^ :lC: D- en 1I1 N ~ 1(, ~ r--,., ~ ~ ~ ........ ~J ~ ~ - \ ..... ~ ~ ~ ,. :x: ...... , ri, 0~B ~-;<:.: "'I \ ~ . =: ... . =: ~ ~ ~ II ..= = :l..J = .... = :j u; :g .. .. - < - II , " '; "" M to: >.... en . '" ... i; - .... ~ = ::!: H i - .. - .... U C) .. s ...- .. :: < e t:. - .. =:-< N .. 1- I...J -< ::l.o . " PATRICK F. LAUER, JR Allorney at Law 210R Markel Slrccl Aile\," Ihllldin!~ Camp 11011, r.\ 1101'1 (717) 7h1,IMOO t) .. '\Ig~'" APR 3 12 21 PH 195 '~:r Fle~ Uf' ::d;(.~~..V~" r, \/1; ~ ; ',\ ~f t.; ;;., I If P[ ;.~ ':.,; " II t. 1;P/Y) (l,j ~ /llaJV ~ ~ ~a.u #/95 '71Mk M,:4I~ dft 4f!J)'l( t~/i ;lad; ~..s: a.~ tI~ . I MICHELLE L. DEEMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 1':;- I IWJ ~~LL~L vs. SCOTT P. DEEMS, SR., Defendant CIVIL ACTION - AT LAW CUSTODY I' " ! f' , I' i ORDER You, Scott P. Deems, Sr., Defendant in the above-captioned custody action, have been sued in court to obtain custody of the following child: Scott P. Deems, Jr. You are ordered to appear in person at on the day of 1995, at .M. for a Conciliation or Mediation Conference. a Pre-Trial Conference. a Hearing before the Court. If you fail to appear as provided by this Order, an Order for custody may be entered against you, or the Court may issue l r ! a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 BY THE COURT: J. DATE: MICHELLE L. DEEMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. SCOTT P. DEEMS, SR., Defendant CIVIL ACTION - AT LAW CUSTODY COMPLAINT FOR CUSTODY The Plaintiff, Michelle L. Deems, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., files this Complaint for Custody against the Defendant, Scott P. Deems, Sr., and in support thereof, avers the following: 1. The Plaintiff is Michelle L. Deems, an adult individual and the natural Mother, who currently resides at 308 Graham's Woods Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Scott P. Deems, Sr., an adult individual and the natural Father, who currently resides at 1750 Saxonburg Boulevard, Tarenturn, Allegheny County, Pennsylvania 15044. 3. The Plaintiff seeks custody of the following child: Name Present Address Aae Scott P. Deems, Jr. 1750 Saxonburg Blvd. 4 Tarentum, PA 15044 (Jan. 11, 1991) The child was born in wedlock. The child is presently in the custody of Scott P. Deems, Sr. who currently resides at 1750 Saxonburg Boulevard, Tarentum, Pennsylvania 15044. " 'j During the past five years, the child resided with the following persons and at the following addresses: Michelle L. Deems 308 Graham's Woods Rd. Caleb Jones-Deems Carlisle, PA 17013 Debbra Yost (maternal grandmother) David Yost (maternal step-grandfather) Jonathan Swintosky (maternal uncle) Shawn Swintosky (maternal uncle) Eric Swintosky (maternal uncle) Michelle L. Deems 1750 Saxonburg Blvd. Scott P. Deems, Sr. Tarentum, PA 15044 Caleb Jones-Deems (brother) Michelle L. Deems 8220 Ohio River Blvd. Scott P. Deems, Sr. Pittsburgh, PA Caleb Jones-Deems (brother) Michelle L. Deems 308 Graham's Woods Rd. Caleb Jones-Deems Carlisle, PA 17013 Debbra Yost (maternal grandmother) David Yost (maternal step-grandfather) Jonathan Swintosky (maternal uncle) Shawn Swintosky (maternal uncle) Michelle L. Deems 8220 Ohio River Blvd. Scott P. Deems, Sr. Pittsburgh, PA Caleb Jones-Deems (brother) The Mother of the child is Michelle L. Deems, who currently Name Address Dates 3/18/95-present 10/94-3/18/95 08/94-10/94 02/93-08/94 09/92-01/93 07/92-08/92 birth-06/92 '! resides at 308 Graham's Woods Road, Carlisle, Cumberland County, q :1 i Pennsylvania 17013 with the maternal grandmother, Debbra Yost, :j !i and one maternal uncle, Jonathan Swintosky. The Mother continues to be married to the natural Father. 1750 Saxonburg Blvd. Tarenturn, PA 15044 Michelle L. Deems 1750 Saxonburg Blvd. Scott P. Deems, Sr. Tarentum, PA 15044 Caleb Jones-Deems (brother) Scott P. Deems, Sr. ,I " " I l 'i. The Father of the child is Scott P. Deems, Sr., who currently resides alone, with the exception of the child who is the subject of this petition, at 1750 Saxonburg Boulevard, Tarentum, Pennsylvania 15084. The Father continues to be married to the natural Mother. 5. The 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. The Plaintiff has no information of a custody proceeding concerning the child currently pending in any court of this Commonwealth. The Plaintiff does not know of a person not a party to the proceedings, who has physical custody of the children or claims to have physical custody or visitation rights with respect to the children. 6. The best interests and permanent welfare of the child will be served by granting the relief requested because: Ii a). The child's half-brother, Caleb, resides in Carlisle " with the Mother. At age 5, Caleb is nearly Scottie's own age. The two brothers have resided with one another and been constant companions since Scottie's birth. Primary custody of the child should be awarded to the Mother in order to keep the siblings together. b). The Mother has been the primary care-giver of the child since his birth. In order to make sure that Scottie did not have to stay with a baby sitter, the Mother and the Father I i1' , , ., agreed that his Mother would forgo regular employment in order to provide constant care at home. The Father often works an excessive number of hours per week and is constantly "on-call" overnight. Primary custody of the child should be awarded to the Mother in order to provide a regular, predictable, and stable schedule with the parent to whom the child has looked first for care and attention for his entire life. c). The child has expressed a desire to live with his brother and natural Mother, and should not be prohibited from doing so. 7. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene I Name Address Basis of Claim NONE WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting custody of the child to the Petitioner and natural Mother, Michelle L. Deems. Re Date: :::',tz7,Jers Matthew J Esquire Law Offi s of Patrick F. Lauer, Jr. 2108 Mar et Street, Aztec Building Camp Hil , Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 I, (i{Kllfac (, ~S VERIFICATION , state that I am the tfm-/OJJeR. in the above-captioned case and that the facts set forth in the above W-rn?()JJ are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. S 4940. , i i I i i Date: 3/;:;//1') i :1 n,l If; h Ii / f ,...; ,& ('j nul I II 'I ! i , I I I :1 il 'I I I I , , i d " !l I ,J .... ~ Q ,.,.. --- I" U, ~ .1 j 1 e! &:i~ ~~ ! ~~ SO! <_ en:.a ! ..JOI .il'6~,J, ~ta-aCQ=~ ~e ".!l~E' ussH!!3C =< N Q ~ co , PATRICK F. LAUER, JR. Allorney at Law 2108 Madel SIm:1 A1JCC Uuildlng Camp 11iI1. PA 17UII (717l761.IMIXI [-11 \-'-.' f. >~.~ i~ (, "';. it'l .J U 1'.J.:1U ., MICHELLE L. DEEMS, . IN THE COURT OF COMMON PLEAS OF , Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. No. 95-1492-CIVIL : SCOTT P. DEEMS, SR., . CIVIL ACTION - AT LAW . Defendant CUSTODY AND NOW, ORDER this 5'9 day of II' ~ , of the attached Stipulation of the 1996, upon Parties regarding consideration custody or their minor child, Scott P. Deems, Jr., (DOB 1/11/91), it is hereby decreed that this Stipulation is entered as an Order of Court. / J. , / ,,..... '-', '. Ii; 1- ~:>!: ".;) I ,,',', ;. ..~.\ , MICHELLE L. DEEMS, I IN THE COURT OF COMMON PLEAS OF: Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA: I I vs. I No. 95-1492-CIVIL I SCOTT P. DEEMS, SR., I CIVIL ACTION - AT LAW Defendant . CUSTODY . II I , STIPULATION WHEREAS, the parties have born to them a child, namely Scott ! , P. Deems, Jr., born January 11, 1991 (the child hereinafter); and WHEREAS, the parties wish to enter into an agreement relativ~ to custody, partial custody, and visitation of the child; and WHEREAS, the child and the mother currently reside in Cumberland County, Pennsylvania, and did so at the time of thti commencement of this proceeding, thus giving this Court jurisdiction; THEREFORE, this J I 1\ ., 1"1 r 1995, i~ day of consideration of the mutual covenants, promises, and agreements as, hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The parties shall share legal custody of the child jointly, I I Ii Ii " iI II il with the child every other weekend pursuant to the arrangements set Ii throughout the entire calendar year. 2. During the school year, the Mother, Michelle L. Deems, shall have primary physical custody of the child. During the school year, the Father, Scott P. Deems, Sr., shall have visitation forth below. " ; ~ 3. During the summer months, i.e. those months in which the child is not attending elementary or secondary schooling, the Father, Scott P. Deems, Sr., shall have primary physical custody of the child. During the summer months, the Mother, Michelle L., Deems, shall have visitation with the child every other weekend pursuant to the arrangements set forth below. 4. In order for the parties to exchange the child for I visitation periods, the parties shall meet in Somerset Pennsylvania, representing the approximate half-way point between the parties' residences, at 8 p.m. on Friday evening and again at 8 p.m. on Sunday evening. 5. The child shall spend the Holidays of Easter, Memorial Day, Thanksgiving and Christmas with their father, with particulars to be arranged by the parties at least twenty-four (24) hours in advance. 6. The parties shall also have such additional visitation with the child as the parties may mutually agree, 7. Should either party be breach of this agreement, the breaching party shall be responsible for all attorney's fees incurred by the non-breaching party regarding the enforcement of! this agreement. .: ~_._This ii:ulatiOn shall supersede all prior Orders of. ~(J4l(llj(;IIt~{6/~ ,. WITNESS ~.,' i/ "'\ ~~~,' Um IffWl"'ft/ ,~. f. 0 1 )( II' II ,II", I / {, t' nul MICHELL~ L. W . jail f2 /"--~ SCOTT P. DEEMS, SR.