HomeMy WebLinkAbout97-03588
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STACY LYNN HESS,
Plaintiff
)
)
)
)
)
CHRISTOPHER JOHN WilLIAMS, SR. )
Defendant )
)
vs,
AND NOW, thi, ~ d" 0'
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 97.3588 CiVil TERM
CIVil ACTION. lAW
CUSTODY
, 1997, upon receipt
of the Conciliator's Report, it appearing that the arties have agreed to the terms
and provisions of this Order which was dictated in their presence and approved by
them and their counsel, it is hereby ordered and directed as follows:
,
1. All prior Orders in this case are vacated.
2. Mother shall have primary legal and physical custody of the
parties' minor children, Christopher John Williams, Jr" d.o.b. January
3, 1990, and Ashley Nicole Williams, d.o.b. November 30, 1991.
3. Father shall have periods of visitation as follows:
A. While Father is still incarcerated, on every other
Thursday to coincide with his contact visits from 6:00 p.m.
until 9:00 p.m. beginning with August 21, 1997. This
visitation shall occur provided that Father's aunt, Alice
Brubaker, provides the transportation for these visitations or
another person that the parties agree upon.
STACY LYNN HESS,
Plaintiff
)
)
)
)
)
CHRISTOPHER JOHN WILLIAMS, SR. )
Defendant )
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 97-3588 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: None
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the child(ren) who is(are) the
subject of this litigation is as follows:
NAME
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Christopher John Williams, Jr. January 3, 1990
Ashley Nicole Williams November 30, 1991
Plaintiff
Plaintiff
2. A Conciliation Conference was held on August 20, 1997, and the
following individuals were present: the Plaintiff and her attorney, Carol J. Lindsay,
Esquire; the Defendant appeared with his attorney, Thomas S. Diehl, Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The Plaintiff's position on custody is as follows: See attached Order.
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STACY LYNN HESS,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO, 97. '\ ~. " i CIVIL TERM
vs,
CHRISTOPHER JOHN WILLIAMS, SR.,
Defendant/Respondent
IN CUSTODY
PETITION FOR EMERGENCY RELIEF
Now comes STACY LYNN HESS, by and through her counsel, FLOWER, MORGENTHAL,
FLOWER & LINDSAY, P.C., and states as follows:
1. The parties hereto are the parents of two children: Christopher John Williams, Jr.,
born January 3, 1990; and Ashley Nicole Williams, born November 30, 1991.
2. Since birth, the children have resided with Petitioner.
3. In the early part of June, 1997, Christopher John Williams, Sr., Respondent herein,
was released from the Slate Penitentiary under monitored parole having been incarcerated 4'h
years. Upon information and belief, Respondent was imprisoned for several robberies or armed
robberies. During the period of his imprisonment, Petitioner permitted the paternal grandmother,
Jacqueline Neidigh, to take the children to prison approximately every other month to visit with
Respondent.
I 4. Upon his release from prison, Petitioner permitted lhe children to visit with
!I Respondent.
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5. On Thursday, June 26,1997, Respondent came 10 the home of Petitioner, threatened
her, and took the minor child, Christopher, attempting to put him in a vehicle to take him away
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without Petitioner's permission. When the child cried, and Petitioner loudly protested, Respondent
released the child.
6. 011 the same day, Pelitioner permitted the children to go with their maternal aunt,
Donna Hess, to visit their father, relying upon the promise of Donna Hess to return the children
to her.
7. At approximately 7:00 p.m., the same day, Donna Hess called Petitioner and advised
that she would not be returning the children, that "I am not allowed to bring the kids home. Chris
won't let me."
8. Petitioner tried several telephone calls and, when she did not receive answers, went
to Respondent's residence which he shares with his mother, Jacqueline Neidigh. At the residence,
Petitioner was able to obtain custody of the younger of the two children, Ashley, but Petilioner's
mother refused to relinquish physical custody of the older child, Christopher, age 7. The paternal
grandmother, Jacqueline Neidigh, slaled, "You're not getting this child. Take us to Court." At the
time of this incident, the father of the child was not present, but since then he has failed or refused
I, to return the children to their mother,
9. There is no Court Order entered which governs this case. Petitioner has filed a
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Complaint for Custody contemporaneous with the filing of this Petilion.
10. The Carlisle Borough Police Department are unwilling 10 assist Petilioner in obtaining
II the return of custody 0' Christopher to her because of the lack of a Court Order.
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:1 11. The best interest and permanent welfare of the children would be served by granting
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:1 an Emergency Order because:
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A. Since birth, the children have been in the physical custody of Petitioner, and
not Respondent.
B. The children are reluctant to be in the presence of Respondent, not being
familiar with him after his extended imprisonment.
C. The paternal grandmother has no basis upon which to assert custody in the
Courts, or in fact, never having served in loco parentis.
12. Petitioner can best care for the children pending a conciliation, and will provide for
periods of partial visitation to Respondent.
WHEREFORE, Petitioner prays this Honorable Court to enter a Temporary Order pending
conciliation providing custody of the minor children, Christopher John Williams, Jr. and Ashley
Nicole Williams, to Petilioner with periods of partial visitation as the parties shall agree.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff/Petitioner
By:
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arol J. Lind ay, Esquire
ID # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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4. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently
resides with Tom Previte, her boyfriend, and David Zepp, tenant.
5. The relationship of the Defendant to the children is that of Father.
The Defendant currently resides with Jacqueline Neidigh, his mother, and Tammy Rohrer, his
girlfriend.
6. Plaintiff has not participated as a party or witness, or in any other capacity in other
litigation concerning the custody of the children in this or another jurisdiction.
7. The Plaintiff has no informalion of a custody proceeding concerning the children
pending in a court of the Commonwealth.
8. 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 custody or visitation rights with respect to the
children.
9. The best interest and permanent welfare of the children will be served by granting
the relief requested because:
a) The Plaintiff can best provide for the physical and emotional
needs of her children.
b) Since birth, Plaintiff has been the primary caretaker of her
children.
10. Each parent whose parental rig his to the children have not been terminated and the
II person who has physical custody of the children has been named as parties to this action.
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VERIFICATION
I, the undersigned. hereby verify that the statements made herein are true and correct.
understand that false statements herein are made subject to the penalties of 1 B Pa. C.S. ~ 4904,
relating to unsworn falsification to authorities.
Mjl~b
, ~~c ynn Hess
,
Date:
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7, II is h~li~wd thai Ih~ COlin will dcsirc Ihc Petitioncr's testimony on account of
\'ilriolls all~gillions ass~r1~d against him in the Petition for Cuslody, which has
hwn liI~d hy Slacy II~ss.
WIIEREFORE, il is r~sp~ctllllly reqllested that an Order be issued requiring the
Respondenllo dcliwr III' the hody ot'Chrislopher John Williams, Sr., before this Court for
said clIslody concilialion
Rcspectllllly submilled.
GRIFFIE & ASSOCIATES
a~ J Llj
Thomas S. Diehl, Esquire
AlIorncy for Petitioner
200 North Hanover Streel
Carlisle. PA 17013
(717) 243-5551
(800) 347.5552
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