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Home My WebLink About95-04343 , 1 " j o " " " , , I " , \ , , I , . ., 'I ~ 5 , ' I 1 ,~ p j ('() ::r M :r J () ,.. . ~ ... , I , I' " I, " " " I ,I , , I J I I , , ii , , " I, , , " I" , , ;"'1,' ""1,,1",, I,/j' , ~ ,I ,I' " ':',",' " ,.",(1,; ~ r ". I, 1',-"_ 'IVt " ;,;t\'I'<::"~ffi ;'1" .1...( " "I,':f~'l 'I _"t>II__o1' , i' '~iri r '." ~ .'1'.-"l,:Y "l'/'/I,:,A ',I,lI' ,,\ II/:.~l tit'1) , '"I, 1'1 'r' 'll ,\,II,;J " :lj': ,'I /1>. '--,Iii ""U'l ""',.,' I ,F I :, ~ I,', ~;;;:i:)( Ii., ',',~ )~I " "!':(I~I 'I,-,J~ . '1'~');'{I.~r '-I ""I J~ r" "-;"}';1'1.1~ ,l'l:\ '[I";\'I~ 'f.:l.!j'.I.,'i,IT\~'; " 1,',;lLrJ' I' "'-'--'1 0" ~-,H(;";~i~ "''''ir..),,; (r '!,.'U_-,,~ , " ,',i; \~i\1 I I I',,: ~'/~'I ',',I,: :p., 01""1_:;: '1,1""" ,\ "'~,~(r,/~~ I i,i ,~;'/: ~ "::1(", 'U-,';'I'JA, "I:,i! 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I.r) (.) - SIl' r:.:,.,r,.)~l ([) IJ! -:t- <':> t......::.,") . ,=.> "t' ("1" ,. ~:?~:'..~ ~:! ::t - C6 ,". ."./(Ij """.1...'1'. ~ 'l\ ;I ":7' ',Jlu.z , - I,.:,JI.., ::$ ,"'- 1';Z'.1 !ill .~.j '" - ;:;1.., . . . , . sonus ok VERNEY AI"lm.y".~" (.1'''- '01111&')\1'1 (.'.vh"I_. """11)11"'11"11' 110\1 fl".1}.14J.tl90 'l6U.lmll.1111'il....'tQ4 " " 'I " " . . II un 1 Ii 1995 f)I. 6. The plaintiff has not previously participated as a party or witness, or in another capacity, in any litigation concerning custody of the above mentioned child in this court or any other court. 7. 'I'he plainti f f has no knowledge of any custody proceedings concerning the above mentioned child pending before a court in this or any other jurisdiction. 8. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best, interests and permanent welfare of the child will be met if custody is granted to the plaintiff because: a. The plaintiff is a loving, concerned parent who, has been, and continues to be fully capable of providing for the emotional and physical needs of her child. b. The plaintiff is a fit parent who can best take care of her child. c. The defendant is incapable of providing a stable home environment for the child. d. The defendant has shown by his excessive consumption of alcohol and use of illegal drugs that he is not an appropriate caretaker nor role model for 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 that this Honorable Court enter an Order granting primary legal and physical custody of the child to her. Respectfully submitted, SODUS & VERNEY Date ~' /'I I 'i~::r , By ~/h~ eline M. Verney, Esqui 1. . No. 23167 7 Irvine Row Carlisle, PA 17013 717/243-9190 Attorney for Plaintiff VERIFICATION " I verify that the statements made in the attached pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 16 Pa. C.S.A. 4904, relating to unsworn falsification of authorities. I, , , ! I I Date: ({,r~,/ /y'<:,- , ~~I'----' ~,-~~~':;:;'; c ....--..-..-..... stephanie Haglen, Plaintiff lie r 1/ :J 3; ,j,J '95 ", , ",', I ! I;',', ", 'I are residing together. The parties appear to have not resolved their relationship as of the date of the conciliation conference. Mother believes thet the parties will not be residing togather in the near futura. Once the parties cease to reside together, the court will have to decide the issue of custody and set a schedule for both parents. 5. The Plaintiff's position on custody is as follows: Mother contends that since birthllhe has been the primary care taker of the child. She also contends that following the parties first separation, that she took care of the child exclusively except for sporadic times when she worked. Mother also feels that Father has an alcohol and drug problem that interferes with his abilities to take care of the child. Mother wants primary custody of the child but will agree to liberal visitation with the Father as long as he has his drinking under control. 6. The Defendant's position on custody is as follows: Father indicated that up until the parties separated. he took care of the child on an equal basis with Mother. He also disagrees with Mother's position regarding when the parties were separated in that he says he took care of the child while the Mother was at work. The Mother used to work as a bartender and generally worked in the evenings. Father denies having a drinking or drug problem and indicates that he has remained sober for well over a month. 2 7. Need for seperate counsel to represent child: The Concilletor sees no need for independent counsel for the child and neither party made such a request of the Conciliator. 8. Need for Independent psychological evaluation or counseling: neither party requested nor wanted an Independent psychological evaluation. 9. Other matters and comments: the parties seem to have not resolved their relationship. The parties had a child out of wedlock and lived together with the child in the same residence for the first year or so of the child's birth. They then separated for a period of eight months. The parties then moved back in together and have been living together tor the last two weeks prior to the conciliation. Mother suggests that this is a temporary arrangement while Father was surprised at the conciliation to learn that it was only on a temporary basis. Mother acknowledged that Father is capable of taking care of the child. She does perceive that he has an alcohol problem and as long as he does not abuse alcohol while In the presence of the child, she did not seem to suggest that Father is not capable of caring for the child. Mother simply wanted to establish herself as primary physical custodian so that she could monitor his care taking. Father was adamant that he is able to take care of the child and that he has done so in the past. He was equally adamant that he should have custody on a 50/50 basis. He seemed concerned that any order be entered granting Mother 3 .-- . ,. ... ..,..... \ I ~i ~ I Ii ~ 0 . I ~, it III :i c~ l"D ~; ~ . ~ ll~ ~~~~. If~ ., , .~ t ~, I . _"'___ ' , - " , - ;' ,/ , " '.J 0 l:; ....' 1 ~~ ,2 , 1 I 1::,":> .,.. Cll..; ,0 -I-'Cll", . en k =' ~ .. I. I") 01 k 'tl ~, Cllk.c -I-' III en Cll~.,.. "'~k . k i! 0 III , lI'I Cl: I . ..} ,~ I I I \ /, ~{ " , "'., , " , S"5 ~~ ::ii ~~ , ! ~ ~~ <.) ~ ~i{J w ~ @~ ~S ~ ~ 0 , , .... -.... "",..-- '-' -..", ..' ".""- \ ... - ,- STEPHANIE HAG LEN, I IN THE COURT OF COMMON PLEAS Plaintiff I OF CUMBERLAND COUNTY, I PENNSYLVANIA va. I ) NO. 95-4343 CIVIL TERM PETER JUSTIN OWEN, ) Defendant ) CIVIL ACTION - CUSTODY JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(bl, 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 BIRTHDATE CURRENTLY IN CUSTODY OF Patrick Micheel Owen 13 March 1994 Plaintiff/Mother Defendant/Father 2. A Conciliation Conference was held on 28 September 1995, and tho following individuals were presont: the Plaintiff and her ettorney, Jacqueline M. Verney, Esquire. The Defendant appeared without counsel. 3. Itema resolved by agreement: none. 4. Issues yet to be resolved: the parties are not married and resided together for a period of time elter the birth of the child. They separated but now 1 ara residing togethar. The parties appear to have not resolved their relationship as of the date of tha conciliation conference. Mother believes thet the pertles will not be reeldlng together In the neer future. Once the partlEls cease to reside together, the court will hava to declda the Issue of custody and set a schedule for both parents. 6. 'The Plaintiff's position on custody Is as follows: Mother contends that since birth she has been the primary care taker of the child. She also contends that following tha parties first separation, that she took cara of the child exclusively except for sporadic times when she worked. Mother also feels that Father has an alcohol and drug problem that interferes with his abilities to take care of the child. Mother wants primary custody of the child but will agree to liberal visitation with the Father as long as he has his drinking under control. 6. The Defendant's position on custody is as follows: Father indicated that up until the perties separated, he took care of the child on an equal basis with Mother. He alao disagrees with Mothar's position regarding when tha parties were saparated In that he says he took care of the child while the Mother was at work. The Mother used to work as a bartender and generally worked in the eilenings. Father denies having a drinking or drug problem and indicates that he has remained sober for well over a month. 2 7. Need for separate counsel to represent child: The Conciliator saes no naed for Independant counsel for tha child and neither perty made such e request of tha Concilietor. 8. Need for Independent psychological evaluation or counseling: neither perty requested nor wanted an Independent psychologlcel eveluation. 9. Other metters end comments: the parties seem to have not resolved their relationship. Tha parties had a child out of wedlock and lived together with the child in the same residence for tha first year or so of the child's birth. They then separated for a period of eight months. The parties then moved back in together and have been living together for the last two weeks prior to the conciliation. Mother suggests that this is a temporary arrangement while Father was surprised at the conciliation to learn that it was only on a temporary basis. Mother acknowledged that Father is capable of taking care of the child. She does perceive that he has an alcohol problem and as long as he dOllS not abuse alcohol while in the presence of the child, she did not seem to suggest that Father Is not capable of caring for the child. Mother simply wanted to establish herself as primary physical custodian so that she could monitor his care taking. Father was adamant that he is able to take care of the child and that ha has done BO in the past. He was equally adamant that he should have custody on e 150/50 basis. He seemed concerned that any order be entered granting Mother 3