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HomeMy WebLinkAbout02-4785JUDITH STAFFORD, Plaintiff LILA M. JACKSON, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- ¥ 7 75/ CIVIL TERM : CIVIL ACTION - LAW : 1N CUSTODY COMPLAINT FOR CUSTODY 20,2000. 4. 5. AND NOW, comes Plaintiff, Judith Stafford by and through her attorney, Thomas S. Diehl, Esquire, who aver the following: 1. Plaintiff is Judith Stafford, an adult individual who currently resides at 60 East Creek Road, Newburg, Cumberland County, Pennsylvania. 2. Defendant is Lila M. Jackson, an adult individual who currently resides at 2492 South Conway Road, Apartment 236, Orlando, Florida. The Defendant is the natural mother of the child, Aislinn Renae Hicks, born June Plaintiff is the paternal grandmother of the child. Ronnie D. Hicks is the natural father of the child, whose rights and obligations relative to custody and partial custody of the child have been addressed in an Order of Court dated June 11, 2002, filed with the Cumberland County Court of Common Pleas, Pennsylvania and docketed to No. 2002-2129 (Attached hereto as Exhibit "A" is a copy of said Order of Court.) 7. address. 8. single. 9. He is single. The child was born out of wedlock. Since birth, the child has primarily resided with Plaintiff at the above-noted The natural mother of the child is the Defendant, who resides as foresaid. She is The natural father of the child is Ronnie D. Hicks, who is currently incarcerated. 10. The relationship of the Defendant to the child is that of natural mother. It is unknown with whom the Defendant currently resides. 11. The relationship of the Plaintiff to the child is that of paternal grandmother. The Plaintiff currently resides with the child. 12. The Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 13. The best interest and permanent welfare of the child will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the child's well being. 14. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child, except for Ronnie D. Hicks, the natural father, whose custodial rights have already been addressed as noted in Paragraph 5 of this Complaint. WHEREFORE, the Plaintiff, Judith Stafford, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Date: OCT 0 1 2002 Respectfully submitted, Thomas S. Diehl, Esquire Attorney for the Plaimiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I 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. (UDITH STAFFORD, P~fftiff ' EXHIBIT A JUDITH STAFFORD Plaintiff RONNIE D. HICKS Defendant : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NUMBEI~/~- /~- ? CML TERM : IN DIVORCE ORDER OF COURT day of May. 2002. upon consideration of the within Stipulation and A~eement and Motion of Sally J. Winder. Esquire. it is hereby ORDERED AND DIRECTED, 1. Primary physical and residential custody of Aislinn Renae Hicks. bom June 20.2000. is hereby awarded to. and placed in. the Plaintiff. Judith Stafford. 2. Father. Ronn/e D. Hicks. shall not exercise any rights of partial custody or visitation Mth the minor child. Aislinn Renae Hicks until such time as he shall have a permanent residence and shall have demonstrated that he is capable of caring for the child. By the Court. J. / Prot~'lonota:Y I ~T JUDITH STAFFORD Plaintiff 'N RON. IE D. HICKS Defendant : IN THE COURT OF COMMON PLEAS OF : cUMBERLAND COUNTY, PENNSh : CIVIL ACTION - LAW : NUMBERO,:~ i~, I~q CIVILTERM : IN DIVORCE STIPULATION A_ND AGREEMENT COME NOW, the Plaintifff ~gljilb_5~fford. by and through her counsel. S)d_LY J. WINDER- ESQUIRE. and Defendant. __Ronnie D. Hicks . and stipulate and agree ~ follows: i. The Plaintiff is the paternal grandmother of a minor child. Aislinn Renae bom June 20. 2000 . currently residing with Plamtiff~ at _60 East Creek _K~dt._ Newburg. Cumberland Coung'. Pennsylvania. 2. The parties hereto and each of them agree that the =owandmother ~. is capable of caring for the minor child and is presently caring for the minor :hiid. ~d it is in the child's best interest and for her permanent welfare that primaq., residenu~ as~d physical custody of the child be a~arded to ~-andmother. ~- 3. 'The tkther. P, onnie_D. Hicks .. shall have certain rights of partial custod> omc . isitadon with the minor child as the parties ma.'. from time to time mumali> agTee. 4 Father shall have certain rights of partial custody and x isitation x~2th the mine: '_'hiid at such time as he shall fax e a permanent residence and shall have demonstrated that hc is caring tbr the child. 5. Grandmother. ~- shall not tm.reasonably ~iOJaotd ri,,_.hts oi o~:_ia! c,as~odv and visitation as requested bx mother/father. 6. The parties a~ee that this stipulation shall be entered as an order b3 the Court the necessity of their presence. IN WITNESS WHEREOF. the parties hereto and each of them have hereunto set t_heir hands and seals intending to be legally bound hereby. -V~ I~ESS: JUDITH STAFFORD PLAINTIFF LILA M. JACKSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4785 CIVIL ACTION LAW .. IN CUSTODY : ORDER OF COURT AND NOW, Monday, October 07, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 31, 2002 at 10:30 AM for a Pre-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 age 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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilrov. Esa. )c~a~ 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 SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 c~ b ol NOV 0 20O2 JUDITH STAFFORD, Plaintiff LILA M. JACKSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 4785 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ day of November, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The paternal grandmother, Judith Stafford, shall enjoy primary legal and primary physical custody of Aislinn Renae Hicks, born June 20, 2000. e This order is entered in conjunction with the order issued at Docket Number 2002 - 2129 which also provides the paternal grandmother with custody of the minor child. Counsel for the paternal grandmother shall serve a copy of this order and the attached custody conciliation report on the natural Mother, Lila M. Jackson, via certified mail and regular mail at Ms. Jackson's last known address. In the event the Mother desires to have this order modified, the Mother may petition the court to have this case again scheduled with the conciliator for a custody conciliation conference. Edward E. Guido CC: Thomas .S. Diehl, Esquire JUDITH STAFFORD, Plaintiff LILA M. JACKSON, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 4785 Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Aislinn Renae Hicks, born June 20, 2000. 2. A Conciliation Conference was held on October 31, 2002, with the following individuals in attendance: The paternal grandmother, Judith Stafford, with her counsel, Thomas S. Diehl, Esquire. The minor child is living with the paternal grandmother. The paternal grandmother has a court order at Docket Number 2002 - 2129 ~vhich gives her custody of the minor child. However, that order had a listed named Defendant of Ronuie D. Hicks who was the Father for the child, and the Mother was not listed as a named Defendant in those proceedings. The Father is incarcerated at the current time and is not seeing the child. Mother has not seen the child t~or over 1 year. The Mother did not attend the custody conciliation conference, counsel for the paternal grandmother indicated that he had sent the notice of the conference to the Mother via certified mall, but the certified return receipt had not yet been returned to legal counsel. Based upon the above, the conciliator recommends the entry of an order in the form as attached.