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HomeMy WebLinkAbout02-5400HEATHER L. CARLISLE, Plaintiff WILLIAM E. SIMMS, JR., Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY ; : COMPLAINT FOR CUSTODY The plaintiff, Heather L. Carlisle, by her attorneys, the Family Law Clinic, files this complaint for custody, requesting shared legal and primary physical custody of Hayden M. Simms, bom January 23, 1996. In support of her complaint, plaintiff states as follows: 1. The plaintiff is Heather L. Carlisle, currently residing at 730 Allen Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is William E. Simms, Jr., residing at 2229 Huntington Avenue, Alexandria, Virginia 22303. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Hayden M. Simms 730 Allen Road 1/23/96 Carlisle, PA 17013 The child was bom out of wedlock. The child is presently in the custody of Heather L. Carlisle, who resides at 730 Allen Road, Carlisle, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: Persons Heather L. Carlisle Colleen Eye Addresses 730 Allen Road Carlisle, PA 17013 .Dates 8/27/02 to Present Heather L. Carlisle William E. Simms, Jr. William E. Simms, Sr. Dolores Simms Heather L. Carlisle Colleen Eye Heather L. Carlisle William E. Simms, Jr. 2229 Huntington Avenue Alexandria, Virginia 22303 7113 Rock Ridge Lane Kingston, Virginia 22315 2229 Huntington Avenue Alexandria, Virginia 22303 9/98 to 8/26/02 3/98 to 9/98 7/94 to 3/98 4. The mother of the child is Heather L. Carlisle, currently residing at 730 Allen Road, Carlisle, Pennsylvania 17013. She is single. 5. The father of the child is William E. Simms, Jr., currently residing at 2229 Huntington Avenue, Alexandria, Virginia 22303. He is single. 6. The relationship of the Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: Name Relationship Hayden M. Simms Son Colleen Eye Mother 7. The relationship of Defendant to the child is that of father. He currently resides with the following persons: Name William E. Simms, Sr. Dolores Simms Relationship Father Mother 8. 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. Plaintiff has no information ora custody proceeding concerning the child pending in a court of this Commonwealth or another state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. requested because: a) Plaintiff has been the primary caretaker of the child since birth; b) Plaintiff provides child with the necessary moral, emotional, and physical surroundings to meet the child's needs; c) Plaintiff is concerned about the welfare and safety of the child because Defendant uses illegal drugs in front of the child; d) Plaintiff is concerned about the welfare and safety of the child because Defendant has been physically and emotionally abusive towards Plaintiff in front of the child; e) Plaintiff continues to exercise parental duties on behalf of the child and enjoys the love and affection of the child; f) Plaintiff is willing to grant Defendant periods of partial custody in order for the child to develop a strong parent/child relationship with both parents. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, plaintiffrequests the court to grant to her primary physical custody of the child. Date: //'- Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 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 unswom falsification to authorities. Date: /I eather L. Carlisle C) C~ C3 HEATHER L. CARLISLE, Plaintiff WILLIAM E. SIMMS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW IN CUSTODY NO. 02-5400 CIVIL TERM AFFIDAVIT OF SERVICE I, Colleen J. Eye, a competent adult, hereby certify that I personally handed the defendant, William E. Simms, Jr., a certified copy of the Complaint for Custody in the above captioned case at 730 Allen Road, Carlisle, Pennsylvania, 17013, on q-hv~,~y, November 7, 2002 at approximately 9:25 p.m. I verify that the statements made in this Affidavit are true and correct. 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: Colleen J. Eye HEATHER L. CARLISLE PLAINTIFF WILLIAM E. SIMMS, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5400 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Thursday, November 14, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _J_aequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, December 09, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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 l~resent at the conference. Failure to al~l~ear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours i}rior to scheduled hearinl~. FOR THE COURT, By: /s/ _[acqueline M. Verney. Esq. 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 15tl~a~ss 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 NOV 0 HEATHER L. CARLISLE, Plaintiff WILLIAM E. SIMMS, JR., Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : : : NO. (~ ,5--9~© CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Heather L. Carlisle, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the Date Respectfully submitted, ../fiou~las A. 19liltenberger Certified Legal Intern THOMA~ Irt. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ,JAN 0 2 2003 HEATHER L. CARLISLE, Plaintiff V. WILLIAM E. SIMMS, JR., Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-5400 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of January, 2003, the parties having advised the Conciliator to cancel the Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq~line M. Vemey, Esquire, Custcg[~ Conciliator