HomeMy WebLinkAbout98-06173
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IN 1111. ('ollln (II (o~lMON I'I.I^S
()I. Cl'~IIlJ-:I(/,^NIl ('1)\ IN I Y.
-I'I'.NNSYI.VANIA
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- ('IIST()I)Y VISII.-\III)N
ORIlJ-:R ()F ( '()\ JRT
And now, this \ \ 1,) I QS . upon consideration of the altached complaint. it is h~reby directed
that thc abovc parties ami thcir respcctive counsel appcar bef,)re H, ch I e \ L. l'-~n '\(12)
Esquirc, the conciliator, at ~(!~ :), '.1\\\ '::,-\, 1 ell' ,r' 11-1 \ \ . .
Pcnnsylvania, on the \ d day of "of' .n.\,.....'. ( .1998, at L-\' eel A.M.I ~
for a Prc-hearing Custody Conference, At such conference, an cffort will bc madc to resolvc the
issues in disputc; or if this cannot bc accomplished. to dcfine and narrow the issucs to be hcard
by thc court, and to entcr into a tcmporary order. All childrcn age fivc or older may bc prcscnt at
the conferencc. Failure to appear at the confercnee may providc grounds for thc entry of a
temporary or pcnnanent order,
FOR THE COURT:
'no'r ].--1 Bom~
By: 111v::::.\AD. 0 ,d.' -
Custody Conciliator I 'Q::). ')
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFroRD ONE. GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE. PA 17013
(717) 249-3166
1-800-990-9108
OCT .~ 0 ltJtJR,
I~ TilE ('OURJ OF (,{):\1:\10~ "LEAS C'II:\IIlEIU.A~1l
('OII:>;TY. I'E~:>;S\'LV,\NIA
SCOTll+IHiIISON.
"Iaintilr
vs
No C(J) .ILf3_
ADRIENNE !.EAONA HOFFMAN
Defendant
CIVIL ACTION - CUSTODY
ORDr-:R OF COLJRT
You. Adricnne Leaona !loOman. havc becn sued in court to obtain custody of the child
Anthony Savon Fcrguson.
You arc ordercd to appear in person at____.___on
at
,M.. for
a conciliation or mediation confercnec
_ a pretrial confcrenee,
_ a hearing before the court,
If you fail to appear as provided by this ordcr. an order for custody or visitation may be
entered against you or the court may enter a warrant for your arrest.
\/(r \ ,( 1; )"'1
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IN TilE ('01 !In OF ('():\l:\lO~ I'U:,\S ('I!.\IIIE1U,ANn
('()(::''In',I'ENNSYI.\',\NI,\
SCOT II'ER( iI/SON.
Plainti!f
vs
No Ci( - 0/ /,3 _6'~'r ( '--;c;LI'/
ADRIENNE LEAONA 1I0FFMAN
Dcfendant
CIVIL ACTION - CUSTODY
COMPLAINT FOR CllSTOny
), The plainti!fis Scott Ferguson, residing at 695 Cumbcrland Pointe Circlc. Mechanicsburg. PA
17055. Cumberland County,
2. The Defendant is Adrienne Leona Hoffman. prcscnt addrcss unknown. believed to bc residing at
lP1
m South Sevcnth Street, Stceleton, P A 17113. Dauphin County. her mothers current residence,
3. Plaintiff sccks custody of Anthony Savon Ferguson residing at 695 Cumberland Pointe Circle,
Mcehanicsburg, P A 17055, age thrce,
A) The child was born out of wedlock.
B) The Child is presently believcd to be in the custody of Adrienne Leona Hoffman.
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defendant, who's address is unknown, but who is believcd to be arm South Seventh St., Steeleton,
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PA 17113.
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C) During thc past five years the child has resided with the following persons at the following
addresses:
\
Scott Ferguson
and
Adrienne Ilollinan
~20.1 Cedcr Run Dr
Apt E
Camphill. I' A 170 II
Novemhcr of II)l)5.Dccember of I CJ(J7
Agc I mnth-~ yrs
"
Scott Ferguson
and
Adrienne 1I0llinan
650 Cumberland I'oinlc Circle Ikcembcr of Il)CJ7-Seplcmber of I CJCJ8
Mechanicsburg. PA 17055 Age 2 yrs-.1 yrs
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Scott Ferguson
695 Cumberland Pointc Circlc Septcmber of I CJCJ8-present
Mechanicsburg. PA 17055 Age.1 yrs-present
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D) Thc mother of the child is Adrienne Lcona Hoffman. who's addrcss is unknown but who
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is believed to be at 318 South Seventh St.. Stcclcton. P A 17113
E) She is single,
F) The father of the child is Scott Ferguson (plaintifl). currcntly rcsiding at 6CJ5 Cumberland
Pointe Circlc, Mechaniesburg. PA 17055.
0) He is Singlc.
4,) The relationship ofthc plaintiff to thc child is that ofa natural father. The plaintiff currently
'.
resides with the following pcrsons:
i
Deanna Lee Winters
Brandon Winters
Sharon Winters
Kyle Winters
An(hony Savon Ferguson
Girlfriend
Girlfriend's son (agc 6)
Girlfriend's daughtcr (age 8)
Girlfriend's son (age 9 mnths)
Son
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5.) The relationship of defendant to the child (Anthony) is that of mother. It is unknown where, or
with whom, defendant eurrcntly resides but she is belicvcd to bc residing with her mother.
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6.) Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation
concerning the custody of the child in this or any other court,
A) Plaintiff has no infonnation of any other custody proceeding concerning the child pending
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in a court of this ('ommnnwcaIlh
II) PlaintifJ'docs :lot know of a person not a palty to the proceeding who has physical custody
ofthc child or claims to have custodv of thc child or claims tll havc eustodv or visitation rights with
, ..
rcspeet to thc child
7,) The bcst intcrcst and pcnnancnt wclHlrc of the child will be served by granting thc rclicf rcqucsted
bccausc
A) Fathcr:
I) Thc child would bc in a stablc family setting, with his own room who hc sharcs with
Brandon Wintcrs.
2) The fathcr works full time making approximatcly $1200.00 or more a month,
3) Dcanna Wintcrs the fathers live-in girlfriend works full timc making approximatcly
$1200.00 or morc a month that is contributcd to the welfarc of the child.
4) Thc child has a wonderful relationship with the fathers live-in girlfriend who helps care for
the child.
5) The child is provided a pennanent sitter during father's working hours with whom the child
is comfortable and who only lives six homes away from the plaintiff's residence,
6) The child has other children in the household to play with,
7) The fathcr spends every minute he can when he is not working with the child,
8) The father has a high school education and currently works full time,
9) The father has never physically or verbally abused either the child or the mother.
B,) Mother
I) The defendant (mother) agreed to an oral custody agreemcnt were the father would have
custody during the week and the mother on the weekends,
2) The two partics agrced that thc molhcr could also visit at any time during the week without
any disagrcemcnt bctween thc two
3) The filther cncouragcd visits wilh thc mother at all times and made the child availablc Ii,r
visits at all timcs
4) Thc mother has no high school cdueation
5) Shc is currcntly belicved to bc unemploycd.
(,) Shc has bccn hospitalized for problems with illegal drugs
7) Shc thrcatened to kill both thc plaintifl' and his girlfricnd whilc brandishing a knifc and then
proceeded to slash his girlfriends tires for which pcnding criminal chargcs wcrc brought against hcr.
8) She uscs inappropriate languagc while disciplining thc child.
9) Shc docs not have her own rcsidcncc.
10) Shc has convcyed to others that shc will ncvcr Ict hcr child scc the father again
II) The only financial contributions shc has madc toward thc child since the two have been
separatcd is half of the sitter carc,
12) She has never, since she took the child almost one week ago asked for thc child's clothes
or toys.
13) She has deprived the father of having a relationship with his son and the son of having a
relationship with his father.
C.) Oral Custody Agreemcnt
I) Recently the oral custody agrecmcnt bctween the plaintiff and the defendant was broken
by the defendant.
2) On October 23, 1998 a Friday. the defendant mother went to the sitters house sometime
in the afternoon and picked up the child.
I verily that the statements made in this Complaint are true and corrcct lundcrstand that
false statemcnts hcrcin arc made subject 10 the penaltics of I H Pa (' S ~4l)04 rclating to unsworn
falsification to authorities
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olhf'l' IlIlJlllltll,v a~f'f'l'd upon lillll'~. Ttw faltll'l"s 1'II~tod,"" Sdlf'dlllt, ~;hall ("Ollllllf'nc,'
Ofl Fl'ida,v, Nn\'l'lllht'1' fi, 1~1!IH,
,I. Till' filUwl' shllll I l'I"'~;p(lrl 1111' ,'hdd fo!' Il'an,<;I'I'" of c'II~;I()d,'. '1'111'
faUIl'I' shall "I'ruain in his vl'hkll' Ofl lill' sll'f'l'l, al. UIl' ClIl'h dlll'illg' I,nulsf,.... of
('Ilstody. If ttw fal.hp!, is t1lla!J!f' 10 tJ'anspo!'1 Ull' child, his lIloth!'J' 01' ~il'lfr'if'rlli
fIIil,V pl'ovid(~ t.tll' 1.l'anspol'l.at.ioll suhjl'1'I If) lhf' ahovp provision.
!i. Thl' IlI11UH'r' and Ull~ fal.hl'l' shnll havC' 1'(~aHOIlHhll' 1,f'lppIHHH' contact
wit.h Uw child wllPn Uw child is in !.tIP nUH~r' pan'llt's clIstod,v.
(i. fn Uw (,~vp.nt thai I fH~I't. is not ;In a~I'pelllp.nt. h~' Thanks~ivin~ Day,
1!}~)8, Ow lIlol.hf>I' and fat.hpr' shall sharp I lip Thankxgivin~ Day Holiday wit.h onp
par'j~nl ha\'illiA" Uw child fro/ll !J:OO a.m. IlnUI :~:O() p.m. and Uw ot.her' pal'en!.
ha....in15 UIP child froIII :~:()O p.lIl. llnUI !l:()() p.lIl. The fat.hpl' shall have UI" child
b('~inniTlg: 9:00 H.IIl, on N()v(~II\I)(.'r, 2fi, 19~m.
7. Ttw moUwt' and faUIf~I', iI,v Illlltwtl aL{I'PAfllpnl., may V/ll',\' from this
schedule at any t.iIlH~, bilL UH~ Ol'del' shall I't'main in effect. lUlUI f\lrt.hpl' Ord(~r' of
Court aft.t'r' a concilialion (:onft~I'pnl~p.
8. Thel'e shall be reasonahle notice given t.o t.he ot.her party if a
scheduled per'ion of partial cust.ody needs t.o bp. canceled 01' modified and a make-
up period shall be offert~d wiLhin a n~asonab]e time frame.
9. The mothel' and fat.her agr'e" t.hat. each shall notify the othel'
immediately of medical emergencies \~hich arise while the child is in UlRt parent.'s
('are.
10. Neithcl' paJ~t.y shall do anything \~hich may extr'ange the child from
t.he other par'enl, or injul'e the opinion of t.he child as to the other parent or'
which lIIay hamper t.he free and natural development of the children's love or
respect for the olher' plll'ent.
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~dLZ: !-'rOIll Wcdncsday <It (,:00 p.lIl. until Thursday at X:OO
a,lIl.. and Ii-olll Frld<lY at (dlO P,IIl, unlll Sunday at X:OO P,III,
_ Week_}: !-'rom Wcdnesday <It (dlO p,m, unlil Thursday at X:OO
a,lIl.. and from I:riday at 6:00 p,m, until Sunday at X:OO P,IIl.
Week 4: !-'rOIll Tucsday at (>:IlO 1'.11I. until Friday at (>:IlO p.IIl,
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This schcdule will rntatc on a ItHlr-week basis such that once hc
has colllplctcd Weck 4, hc will prncecd with thc schedule of Week I and
thcn prncccd through to Week 4. etc.
4. Mothcr shall have custody of the minor child at all other times othcr
than Father's schcdule.
5. Thc parties shall share the major holidays. those holidays being defincd
as Thanksgiving, Easter. Memorial Day. Fourth of July and Labor Day. Thcsc
pcriods oftimc shall be Irom 9:00 a,m. until 7:00 p.m. This altcrnating schedule
will commcncc with Father having Thanksgiving in 1998.
6. The Christmas holiday shall bc broken into two scgmcnts. Scgment A
shall bc from 12:00 noon on Christmas Evc until 12:00 on Christmas Day.
Scgmcnt B shall be from 12:00 noon on Christmas Day until 12:00 noon on
Deccmbcr 26th. Mother shall have Segment A in 199X and all cvcn years
thcrcaftcr and Scgmcnt B in 1999 and all odd ycars thcrcallcr. Fathcr shall have
Scgment A in 1999 and all odd ycars thcrcaller and Segmcnt B in 1998 and all
cven ycars thercallcr.