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HomeMy WebLinkAbout03-3593RAQUEL LYNN DAWSON, Plaintiff VS. ROBERT STOCKBOWER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- . ~ : CUSTODY CIVIL TERM COMPLAINT FOR CUSTODY 1. The plaintiff is Raquel L. Dawson, residing at 252 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The defendant is Robert Stockbower, Jr., residing at 640 East Market Street, York, York County, Pennsylvania 17403. 3. The plaintiff seeks custody of the following children: Name Bobby Lewis Stockbower Zada Justina Stockbower Broch Eugene Stockbower Present Residence D.O.B. 640 East Market Street 2/25/01 York, PA 17403 252 Deerfield Road 2/20/02 Camp Hill, PA 17011 640 East Market Street 3/2/03 York, PA 17403 The children were bom out of wedlock. The children are presently in the custody of the father, who resides at 640 East Market Street, York, Pennsylvania 17403. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Raquel L. Dawson, Zachary M. Emswiler and Address 50 G Stony Lane Dover, PA 17315 Date Feb. 2001-Mar.2002 Zaria J. Emswiler (half-siblings) Raquel L. Dawson undisclosed location Carlisle, PA 17013 Mar. 2002-July 2002 Raquel L. Dawson Robert Stoekbower, Jr., 321 Ash Avenue Carlisle, PA 17013 640 East Market Street York, PA 17403 Jul. 2002-May 27, 2003 May 27, 2003-present Zada Stockbower was returned to the mother's custody on July 27, 2003, where she currently resides with Barbara Vandersloot, the maternal grandmother, and Roman Salamaca, the maternal grandmother's boyfi'iend. The mother of the children is Raquel Lynn Dawson, currently residing at 252 Deerfield Road, Camp Hill, Pennsylvania 17011. She is single. The father of the children is Robert Stockbower, Jr,, currently residing at 640 East Market Street, York, Pennsylvania 17403. He is single. 4. The relationship ofplaintiffto the children is that of mother. The plaintiff currently resides with the following persons: NalTle Barbara Vandersloot Roman Salamaca Relationship mother mother's boyfriend 5. The relationship of defendant to the children is that of father. The defendant currently lives alone. 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this 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 for reasons including, but not limited to the following: a. The mother has been the primary camgiver since the children's birth. b. The mother is the parent who can best facilitate contact with the children and the other parent. c. The mother has appropriate accommodations for the children, means of transportation, and can provide for their physical, emotional, and medical needs. d. The father has not acted in the best interest of the children in ways including, but not limited to the following: i. The father went to the mother's residence on May 27, 2003, and took the children out of the mother's custody. The mother tried to contact the father to see the children, and he denied her all contact and communication with the children until July 18, 2003. During this period of time, the father moved without notifying the mother of his address or telephone number, removing the children from Cumberland County and relocating them to York County. ii. The father has not been employed for two years. iii. The father has no means of transportation due to pending criminal charges, and the mother fears that he will be unable to get the children to necessary appointments. iv. The father has a history of being verbally and physically abusive towards the mother in the presence of the children, traumatizing them. v. The father abuses alcohol, which adversely affects the children. vi. The father resides in a one-bedroom apartment not suitable for three children. e. A custody order will stabilize the situation. 10. Each parent whose parental rights to the child have not been term'mated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant primary physical custody of the children to the plaintiff with partial custody in the defendant every other weekend and at times Plaintiff further requests any other relief that is just and mutually agreed upon by the parties. proper. Respectfully submitted, Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unswom falsification to authorities. Dated: ~//~-//6,.5 Raq~el Dawson, Plaintiff RAQUEL LYNN DAWSON, V. ROBERT STOCKBOWER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03- CIVIL TERM 3~'elJ : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Raquel L. Dawson, Plaintiff, to proceed in forma pauperis. I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Care Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 RAQUEL LYNN DAWSON PLAINTIFF V. ROBERT STOCKBOWER, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-3593 CIVIL ACT[ON LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 30, 2003 , 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 Friday, August 29, 2003 at 9:30 AM for a Pm-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 all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FORTHECOURT. By: /s/ Hubert X. Gilroy. 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 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 ItAVE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SEP 0 5 2003 RAQUEL LYNN DAWSON, Plaintiff ROBERT STOCKBOWER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 3593 CIVIL : IN CUSTODY COURT ORDER AND NOW, this ~J(Ib day of ~ ,2003, upon consideration of the attached Custody ConciliationRel~ort, it is ordered and directed as follows: The Mother, Raquel Lynn Dawson, and the Father, Robert Stockbower, Jr., shall enjoy shared legal and shared physical custody of Bobby Lewis Stockbower, born February 25, 2001; Zada Justina Stockbower, born February 20, 2002; and Broch Eugene Stockbower, born March 2, 2003. Physical custody shall be handled on a week on/week off basis with exchange of custody to take place on Friday at 5:00 p.m. Mother shall have custody until Friday, September 5, 2003 at which time she shall deliver the children to Father for his week and the parties shall alternate thereafter. The parties may modify this schedule if they agree. If the parties agree, they can implement any custody arrangement they deem appropriate. However, absent an agreement, the week on/week off schedule shall control. The parties shall meet again with the conciliator for a custody conciliation conference on Friday, October 24, 2003 at 9:30 a.m. In the event Father retains an attorney prior to that time, the attorneys for the parties may contact the conciliator directly to conduct a telephone conference call in lieu of the scheduled custody conciliation conference. The non-custodial parent shall pick up the children at the time of exchange of custody. cc: ~r'essica Diamond Stone, Esquire k~Robert Stockbower, Jr. 640 East Market Street York, PA 17403 RAQUEL LYNN DAWSON, Plaintiff ROBERT STOCKBOWER, JR., Defendant Prior Judge: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 3593 CIVIL : IN CUSTODY 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 children who are the subject of this litigation is as follows: Bobby Lewis Stockbower, born February 25, 2001; Zada Justina Stockbower, born February 20, 2002; and Broch Eugene Stockbower, born March 2, 2003. A Conciliation Conference was held on August 29, 2003, with the following individuals in attendance: The Mother, Raquel Lynn Dawson, with her counsel, Jessica Diamond Stone, Esquire; and the Father, Robert Stockbower, Jr., who appeared without counsel. o This case is rather unusual. The Mother delivered custody of the three minor children to the Father on May 27~ of this year but just got the children back a few days before the custody conciliation conference. Prior to May, Mother was the primary custodian. The parties seem to be somewhat in disarray relative to their employment situation and other matters. Neither party is currently employed. The Father indicated he wants to hire an attorney but has not yet been able to retain one through a pro bono process or to hire an attorney. The conciliator is of the opinion that a temporary order should be issued after which Father should attempt to retain an attorney who may speak with Mother's attorney in an effort to try to get this matter resolved. A temporary custody schedule would also help give the parties some opportunity to work between themselves in an effort 'to agree upon a more permanent order. 4. The conciliator recommends the entry of an order in the form as attached. NOV 0 S 2003 ?j' RAQUEL LYNN DAn Plaintif ROBERT STOCKBC Defend AND NOW, consideration of the September 9, 2003 respect to the custo, case again assigned t~ cc: Jessica Diamc Raquel Daws~ 640 East Mar York, PA 174 Robert Stockl 640 East Mar York, PA 174 ISON, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NER, JR., : NO. 2003 - 3593 CIVIL nt : IN CUSTODY CO~TO~ER this ~ ' day of ~tr~--,,-x , 2003, upon ~ttached Custody Conciliation Report, the custody order entered on vacated. In the event either party desires any further action with issues in this matter, that party must petition the court to have the the conciliator for a custody conciliation conference. tdstone, Esquire et Street )wer et Street ~3 RAQUEL LYNN DA Piainti~ v ROBERT STOCKB( Defend Prior Judge: COl IN ACCORDANC! PROCEDURE 1915 report: 1. The conciliat, Diamondston, reconciled an 2. The conciliat~ ¥SON, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NER, JR., : NO. 2003 - 3593 CIVIL ~nt : IN CUSTODY 'CILIATION CONFERENCE SUMMARY REPORT WITH THE CUMBERLAND COUNTY CIVIL RULE OF }-8Co), the undersigned Custody Conciliator submits the following r attended the scheduled conference on October 24, 2003. Attorney was present and advised the conciliator that the parties had there was no need for any custody proceedings. recommends an order in the form as attached. RAQUEL LYNN DAWSON, Plaintiff V ROBERT STOCKBOWER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 2003 - 3593 CIVIL : IN CUSTODY CO~TO~ER c~uMBERLAND COUNTY RT ADMINISTRATOR Or'~- COURTHOUSE SQUARE CARLISLE, PA 17013 AND NOW, this day of /0~ , 2003, upon 640 E. Market Street ~ York, PA 17403 '- - ......... --~ (~)i J~ INSUFFICIENT ADDRESS ~ATTEMPTED NOT KNOWN [] OTHER ~] ]I1D-~UCH NUMBER/STREET [] NOT DELIVERABLE AS ADDRESSED ~ - UNABLE TO FORWARD