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HomeMy WebLinkAbout03-1132CUMBERLAND COUNTY ADULT PROBATION VS. James Allen Wills 36 Glenview Circle Dillsburg, PA 17019 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 0,t ' II ~1,,l. CIVlL TERM Defendant RE: NO. 02-2158 CRIMINAL TERM PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of plaintiff, Cumberland County Adult Probation, and against Defendant in the amount of $1,612.50 pursuant to 42 Pa. C.S.A. Section 9728 as set forth in the attached statement of certified case costs and fines. Dennis E. Lebo, Clerk of Court Date: March 13, 2003 ENTRY OF JUDGMENT AND NOW, this ].~"~ day of ~ ;~:~gk~, judgment is entered in favor of the Plaintiff and against the Defendant in the amount set forth above. Attachment cc: Defendant Probation Clerk of Court Curtis R. Long, Prothonotary 11463.3022803 'CCS746 *STATEMENT OF COSTS* ****~*****~***~**~** Page 63 2728/2003 Case No. 2002-02158 To: Dennis E. Lebo Cumberland County - Clerk of Courts 1 Courthouse Square Carlisle, Pa I7013 WILLS JAMES ALLEN 36 GLENVIEW CIRCLE DILLSBURG, PA 17019 Date Transaction Debit Credit Balance 10/17/02 CR LAB USER FEE 70.00 70.00 Totals 70.00 70.00 01/08/03 COURT COSTS Totals 24.90 24.90 24.90 24.90 01/08/03 SHERIFFS COST Totals 1.50 1.50 1.50 1.50 01/08/03 OFF F.E. ACT158 Totals 5.00 5.00 5.00 5.00 01/08/03 CCC ACT 139 25.00 25.00 Totals 25.00 25.00 01/08/03 CVC ACT 139 35.00 35.00 Totals 35.00 35.00 01/08/03 STATE COST A 8.94 8.94 Totals 8.94 8.94 01/08/03 STATE COST B 7.66 7.66 Totals 7.66 7.66 01/08/03 JCP FEE Totals 1.50 1.50 1.50 1.50 01/08/03 DISTRICT ATTY 15.00 15.00 Totals 15.00 15.00 01/08/03 PLEA Totals 125.00 125.00 125.00 125.00 01/08/03 DUI BOOKING FEE 200.00 200.00 ~14633022803 Pa~e 64 ~ CCS746 2728/2003 *STATEMENT OF COSTS* ******************** Case No. 2002-02158 To: Dennis E. Lebo Cumberland County - Clerk of Courts 1 Courthouse Square Carlisle, Pa I7013 WILLS JAMES ALLEN 36 GLENVIEW CIRCLE DILLSBURG, PA 17019 Totals 200.00 200.00 01/08/03 CO-DUI SCHOOL 200.00 200.00 Totals 200.00 200.00 01/08/03 ST - O.S.F. 75.00 75.00 Totals 75.00 75.00 01/08/03 CO - O.S.F. 75.00 75.00 Totals 75.00 75.00 01/08/03 COURT COSTS 8.00 8.00 Totals 8.00 8.00 01/08/03 AUTOMATION FEE Totals 5.00 5.00 5.OO 5.0O 02/11/03 LOCAL-DUI Totals 150.00 150.00 150.00 150.00 02/11/03 DUI PRISON MNT Totals 75.00 75.00 75.00 75.00 02/11/03 DUI DRUG/ACHOL. Totals 75.00 75.00 75.00 75.00 02/11/03 EMS Totals 10.00 10.00 10.00 10.00 02/11/03 CAT FUND Totals 50.00 50.00 50.00 50.00 02/11/03 CCP FEE 90.00 90.00 Totals 90.00 90.00 ~14633022803 'CCS746 *STATEMENT OF COSTS* ******************** Pace 65 2728/2003 Case No. 2002-02158 To: Dennis E. Lebo Cumberland County - Clerk of Courts 1 Courthouse Square Carlisle, Pa I7013 WILLS JAMES ALLEN 36 GLENVIEW CIRCLE DILLSBURG, PA 17019 02/11/03 ADMIN. FEE Totals 40.00 40.O0 40.00 40.00 02/11/03 STATE FINES 100.00 100.00 Totals 100.00 100.00 02/11/03 LOCAL FINES 100.00 100.00 Totals 100.00 100.00 02/11/03 EMS 10.00 10.00 Totals 10.00 10.00 02/11/03 CAT FUND 30.00 30.00 Totals 30.00 30.00 Case Totals 1612.50 .00 1612.50 You are liable for the above costs ..... ..... PA CSA 9728, the Prothonotary is authorized to confess judgment on all unpaid costs and issue an execution and place same in the hands of the Sheriff for the collection. We trust you will give the above account your prompt attention. A TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, PA. This /~1~ day of ~)~~, 20_.~ / /f~._ ,~ I Clerk of the Court Cumberland County Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle, Esquire I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant JAMIE LYNN DUEY, Plaintiff DAVID R. LOGAN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1132 CUSTODYNISITATION COMPLAINT FOR MODIFICATION OF CUSTODY AND NOW, this ~.u,, day of June 2003, comes the Defendant, David R. Logan, Jr., by and through his attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint for Modification of Custody and in support thereof avers as follows: 1. Plaintiff is Jamie Lynn Duey, who currently resides at 109 North Clover Lane, West Hanover Township, Dauphin County, Pennsylvania. 2. Defendant is David R. Logan, Jr., who currently resides at 109 North Clover Lane, West Hanover Township, Dauphin County, Pennsylvania. 3. Defendant seeks shared legal custody and primary physical custody of the parties' children: Zachary Isaac Duey (DOB: September 5, 1997) and Christian David Duey (DOB: April 17, 1999). 4. The children were born out of wedlock. 5. The children currently reside with Plaintiff and Defendant at 109 North Clover Lane, West Hanover Township, Dauphin County, Pennsylvania 17112. addresses: Since his birth, Zachary Isaac Duey has rived with the following persons at the following Birth to November, 1997 144 C Lane, Willow Farm Village Swatara Township, Dauphin County, Pennsylvania Plaintiff November, 1997 to Summer, 1998 144 C Lane, Willow Farm Village Swatara Township, Dauphin County, Pennsylvania Plaintiff and Plaintiff's sister, Meghan Duey, with her daughter, Britney Nicholson Summer, 1998 to Fall, 1998 Route 39 West Hanover Township, Dauphin County, Pennsylvania Plaintiff and Defendant Fall, 1998 to March 1,2002 109 North Clover Lane West Hanover Township, Dauphin County, Pennsylvania Plaintiff, Defendant, and Christian March 1, 2002 to October 2002 Salem Acres, Lot 516 Mechanicsburg, Cumberland County, Pennsylvania Plaintiff and Christian October 2002 to present 109 North Clover Lane West Hanover Township, Cumberland County, Pennsylvania Plaintiff, Defendant, and Christian addresses: Since his birth, Christian David Duey has lived with the following persons and at the following Birth to March 1,2002 109 North Clover Lane West Hanover Township, Dauphin County, Pennsylvania Plaintiff, Defendant, and Zachary March 1, 2002 to October 2002 Salem Acres, Lot 516 Mechanicsburg, Cumberland County, Pennsylvania Plaintiff and Zachary October 2002 to present 109 North Clover Lane West Hanover Township, Cumberland County, Pennsylvania Plaintiff, Defendant and Zachary 8. The relationship of Plaintiff to the children is that of natural Mother. Plaintiff currently resides with Defendant and the children as mentioned hereinabove. 9. The relationship of Defendant to the children is that of natural Father. Defendant currently resides with the Plaintiff and the children as mentioned hereinabove. 10. Plaintiff and Defendant have participated as a party or witness, in another capacity, n other litigation concerning the custody of the children in this or another court. There was a Protection from Abuse Order, dated April 20, 1998, at Docket No. 143751998, Dauphin County, Pennsylvania, which Order was dismissed on October 2, 1998. 11. Plaintiff has no other information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other state other than that mentioned in Paragraph 10. 12. Defendant does not know of a person not a parly to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. It would be in the best interest of the children to grant the prayer requested modifying the current Custody Order because; The Plaintiff has repeatedly demonstrated that she is at times unable to render responsible care to the children, caused by alcohol use/abuse. The Plaintiff, since resuming cohabitation with the Defendant, has regularly stayed out all night "partying," not returning home until the next day. The Plaintiff's actions are having an adverse, impact on the children as they are old enough to understand the problems their Mother is experiencing. The Defendant can provide a stable household and the responsibility required in raising two young children. The Plaintiff's use/abuse of alcohol is having an adverse impact on her ability to responsibly care for the children. The Plaintiff's lack of responsibility has caused the minor children to be late for school and her actions evidence a disregard for the children's well being. WHEREFORE, Defendant respectfully requests the Court grant him shared legal custody and primary physical custody of the children named herein. :214234 Respectfully submitted, JOHNSON, DUFFLE, STF:W/~WEIDNER /~lark C, Duffle (I Attorney I.D. No. 75~06 099999-00020/June 3, 2003/MCD/PAR/105263 VERIFICATION The statements in this Complaint for Modification of Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have rea( the statements; and to the extent that they are based upon information which I have given to my counsel, they 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 18 Pa. C.S. ,~4904 relating to unsworn falsification to authorities. DA¥~) ~ LO~N, JR. -6- CERTII=ICA TE OF SERVICE AND NOW, this YL~-~'~ day of June 2003, the undersigned does hereby certify that a copy of the foregoing document was served upon the other parties of record in the following manner: By Facsimile and First Class U.S. Mail to: Paul J. Esposito, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 By Certified Mail, Restricted Delivery, and First Class U.S. Mail to: Ms. Jamie Lynn Duey 109 N. Clover Lane Harrisburg, PA 17112 JOHNSON, DUFFLE, STEWART & WEIDNER Michelle M. Bross Legal Assistant