HomeMy WebLinkAbout2014-04398
KURT STOVER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : No. 2014-04398 Civil Term
:
: CIVIL ACTION- LAW
SAMANTHA (MILLER) WERTZ, :
Defendant :
:
IN RE: OPINION PURSUANT TO PA.R.A.P. 1925
Hyams, J., March 30, 2022
In this , Plaintiff/Father (hereinafter Father) has appealed this
FatherPetition for Emergency Custody and
1
change of venue and Pa.R.C.P. 1915.2(c). On March 16, 2022, Father filed his Notice of
Appeal, but he has not concurrently filed a cogent Statement of Errors Complained of on Appeal
as required by Pa.R.App.P. 1925(a)(2). Father has not articulated understandable complaints
regarding the February 24, 2022 Order allowing for any meaningful response in this 1925
opinion and any issue not clearly and properly preserved in a Statement of Matters Complained
of on Appeal would be waived.
If in fact Father has preserved an argument regarding the to transfer the
case from Cumberland County to York County while declining to transfer to Dauphin County
where Father currently resides, the transfer was proper pursuant to Pa.R.C.P. 1915.2(c). Neither
parent resides in Cumberland County and the Mother who has primary physical custody resides
in York County. The child attends school in York County and his current extra-curricular
1
Father filed a Pro Se Notice of Appeal directly in the Superior Court, instead of the trial court, but as per the March
24, 2022 Order of the Superior Court of Pennsylvania, the Notice of Appeal was timely docketed with a filing date
of March 16, 2022 in the Cumberland County Court of Common Pleas.
activities and most ofhis personal relationships are located in York County. As a result of prior
full bench recusalsof Cumberland CountyCourt of Common Pleas, before the undersigned had
been elected,the Honorable Joseph C. Adams had prior involvement with the case and had
issued a custody opinion. The instant custody action couldnot have beenoriginallybroughtin
Dauphin Countyand Dauphin County is an inconvenient forumwhere the child does not and has
never resided in Dauphin County and no one involved in the case has asignificant connection
withDauphin Countyother than Fathersmere physical presence.There is nosubstantial
evidence concerning the child's, protection, training and personal relationshipsin Dauphin
County.For all of those reasons, this case was properly transferredto York County Court of
Common Pleas.
BY THE COURT:
Carrie E. Hyams, J.
Michael Scherer, Esquire
19 West South Street
Carlisle, PA 17013
Mike@baricscherer.com
Counsel for Plaintiff
Kurt Stover
nd
2041 N. 2Street, Apt. 3
Harrisburg, PA 17102
Kdstoverh22@gmail.com
Pro se Plaintiff
Katie Maxwell, Esquire
54 E. Main Street
Mechanicsburg, PA 17055
Katie@waltersgalloway.com
Guardian ad litem