Loading...
HomeMy WebLinkAbout07-4801Foreman & Foreman, PC Bruce D. Foreman, Esquire Attorney ID No. 21193 112 Market Street, 6`h Floor Harrisburg, PA 17101 717-236-9391 717-236-6602 facsimile Attorney for Plaintiff Bruce~a foreman-foreman com JAMIE STONESIFER, ) Plaintiff ) v. ) ERIC STONESIFER, ) Defendant ) AND NOW, comes the Plaintiff, by and through his attorney, Joseph D. Caraciolo, Esquire, and Foreman & Foreman, P.C., and files this Complaint for Custody respectfully averring as follows: 1. Plaintiff is Jamie Stonesifer, hereinafter referred to as "Mother," an adult individual, who currently resides at 4 Kevin Road, Apartment C, Mechanicsburg, PA 17050. 2. Defendant is Eric Stonesifer, hereinafter referred to as "Father," an adult individual, who currently resides at 1735 Mountain Road, York Springs, PA . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW CUSTODY NO. ~ ~ - 4 ~ 01 Cc,~,~-l ~,~~ COMPLAINT FOR CUSTODY 3. Plaintiff seeks custody of the following minor child: Name Present Address Ape/ Date of Birth Wyatt Stonesifer Ethan Stonesifer 6/ March 16, 2001 20 months/ December 4, 2005 2 4. During the past six (6) years the children have lived with the following people at the following address: Name Address Time Period Jamie Stonesifer 1735 Mountain Road March 16, 2001 to Eric Stonesifer York Springs, PA June 30, 2001 Wyatt Stonesifer Connie Harder Mark Harder Jason Harder Ryan Harder Jennifer Harder Mary Stare Jamie Stonesifer 9 Kevin Road June 30, 2001 to Eric Stonesifer Mechanicsburg, PA September, 2001 Wyatt Stonesifer Nancy Miller Suny Miller Jamie Stonesifer 852 Brian Drive September, 2001 to Eric Stonesifer Enola, PA March, 2002 Wyatt Stonesifer Jamie Stonesifer 305 Hilltop Court March, 2002 to Wyatt Stonesifer Hamburg, PA 19526 March, 2005 Jamie Stonesifer 9 Kevin Road March, 2005 to Erice Stonesifer Mechanicsburg, PA May, 2005 Wyatt Stonesifer Nancy Miller Suny Miller Jamie Stonesifer 1013 S. Humer Street May, 2005 to Eric Stonesifer Enola, PA August 1, 2007 Wyatt Stonesifer Ethan Stonesifer 3 5. The mother of the children is Jamie Stonesifer, she is married. 6. The father of the children is Eric Stonesifer, he is married. 7. The relationship of Plaintiff to the children is that of mother. 8. The relationship of Defendant, to the children is that of father. 9. 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. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or in another jurisdiction. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have physical custody or visitation rights with respect to the children. 12. The best interest and permanent welfare of the children will be served by granting the relief requested because the Plaintiff is in a stable living environment able to provide both parental care and the benefit of the care of extended family. 13. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the child has been named as parties to this action. 4 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting her custody or partial physical custody of the child. Respectfully sub ed, Foreman & F e , P.C. Date: Bruce D. Foreman, Esquire 112 Market Street, 6~ Floor Harrisburg, PA 17101 717-236-9391 Attorney ID No. 21193 Foreman & Foreman, PC Bruce D. Foreman, Esquire Attorney ID No. 21193 112 Market Street, 6`h Floor Harrisburg, PA 17101 717-236-9391 717-236-6602 facsimile Attorney for Plaintiff Bruce foreman-foreman.com JAMIE STONESIFER, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW v. ) CUSTODY ERIC STONESIFER, ) Defendant ) NO. VERIFICATION I verify that the statements made in this Complaint 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. ~._ Dated: ~ Signature: JA E STONES R 6 r- ^J R ~ --, ,'~-~ ' ~ ~''. ~ ~ _~ ~' _ _ 7i~~ _.. -~~ , ~ ,~ -- .c- _ -r, -; ;_.. ~ ~ ~ ~ r V r JAMIE STONESIFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC STONESIFER DF..,FF..,NDANT • 2007-4801 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 21, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsbur~,.PA 17055 __ on _ Tuesday, September 25, 2007 at 10:00 AM for aPre-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. FOR THE COURT, By: /s/ Dawn S. Sunda Es . 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~ ~ ~`" ~J ~©~1~'-~ Go~~~ A.. .n?7 'E f ~ f ~ e: Y'~~ ,~ i~ '`~ ~ I I ;'':° ~ ' ,...`",~ t sic t,~`v i Lei t '.:1 a~"{i .:av Bruce D. Foreman, Esquire r Foreman & Foreman, P.C. Attorney for Plaintiff ID#21193 112 Market Street, Sixth Floor Harrisburg, PA 17101 (717) 236-9391 -phone (717) 236-6602 -fax bruce(uforeman-foreman. corn JAMIE STONESIFER, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW v. ) CUSTODY ERIC STONESIFER, ) Defendant ) N0.07-4801 Civil Term EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW COMES, Plaintiff, Jamie Stonesifer, by and through her attorneys, Foreman & Foreman, P.C., and files this Petition for Special Relief and in support thereof, avers the following: Plaintiff is the mother of minor children, Wyatt Stonesifer, six (6) years of age, born March 16, 2001, and Ethyn Stonesifer, twenty (20) months of age, born December 4, 2005. 2. Defendant is Eric Stonesifer, the father of said minor children. 3. Plaintiff resides at 4 Kevin Road, Apartment C, Mechanicsburg, PA, 17050, and has physical custody of the two (2) minor children. 4. Defendant resides at 1735 Mountain Road, York Springs, York County, Pennsylvania. 5. Until August 1, 2007, the parties resided together with their children at 1013 South Humer Street, Enola, Pennsylvania. 6. Last year Wyatt attended East Pennsboro Township School District but can not continue with that district since neither parent now resides in that school district. 7. Even though mother has custody of the children, father registered Wyatt in the Bermudian Springs School District. 8. When Plaintiff, mother, attempted to register Wyatt in the Cumberland Valley School District, the school district refused admission because the children had been registered by the father in the Bermudian Springs School District. r t 9. Late in July, prior to separation, the parties agreed that Wyatt be registered ~, by mother in the Cumberland Valley School District, after separation. r 10. School begins within one week and the need for Wyatt's timely attendance of in school creates an emergency which motives the Plaintiff to ask for special relief. 11. Plaintiff has filed for custody before the Cumberland County of Common Pleas, Docket Number 07-4801 Civil Term, which case has been assigned to Custody Conciliator Dawn Sunday who has scheduled a conference on September 25, 2007, over four (4) weeks after the commencement of school. 12. On request, Custody Conciliator Sunday made available a date this week to hold a custody conciliation but, since the same did not provide adequate notice and because Defendant, father, was unwilling to consent, a custody conciliation cannot occur prior to the commencement of school. 13. Defendant, father, advises Plaintiff, mother, that he his represented by Attorney Kristen Reinhold whom counsel for Plaintiff has been unable to contact. 14. Agreement for immediate conciliation cannot be obtained. 15. Plaintiff, mother, believes that the best interest of the children and their permanent welfare will be served by Wyatt attending school in a timely manner at the Cumberland Valley School District. 16. To date, no determination has been made by any court on the pending custody petition above captioned of the children. WHEREFORE, Plaintiff respectfully request this Honorable Court enter an Order granting emergency custody of the said minor children, Wyatt Stonesifer and Ethyn Stonesifer, to her pending permanent determination of custody for the purpose of allowing the said children to be registered from mother's residence in the Cumberland Valley School District for school commencing August, 2007. Respectfully Submitted, Foreman & Foremz~i P.C. Bruce D. Foren{an, Attorney for Plaintiff 112 Market Street, Sixth Floor Harrisburg, PA 17101 ID # 21193 Telephone (717) 236-9391 Fax (717) 236-6602 bruceC~3foreman-foreman. com Foreman & Foreman, PC Bruce D. Foreman, Esquire Attorney ID No. 21193 112 Market Street, 6`h Floor Harrisburg, PA 17101 717-236-9391 717-236-6602 facsimile Attorney for Plaintiff Bruce~nforeman-foreman. com JAMIE STONESIFER, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW v. ) CUSTODY ERIC STONESIFER, ) Defendant ) NO. VERIFICATION I verify that the statements made in this Emergency Petition for Special Relief 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. Z~Jo~ ~-- Dated: ~ Signature: -~- JA E STONESI G fi '` -vl .~ a a ~ ~ R ~' ~~ Q' 1 f~ T c'~ ~v ~.~, '~a~ (1~ F` "I ~ ~ ~ ~ ' t _ ~ ~. _ .. . ~ }r ~~ . __ a ~f °'C m ' ws'a zoos JAMIE STONESIFER, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW v. ) CUSTODY ERIC STONESIFER, ) Defendant ) NO. d ~ - ~~"Q ORDER OF COURT ~~ AND NOW, this '~~ day of ~, 2007, upon consideration of the Petition for Special Relief of Plaintiff, Jamie Stonesifer, ~t is hereby ordered that, pending further determination, custody of the minor children, Wyatt Stonesifer, born March 16, 2001, and Ethyn Stonesifer, born December 14, 2005, is granted to Petitioner, Jamie Stonesifer, for the purpose of allowing her to register the said children in the Cumberland Valley School District and to facilitate their attendance at school. Date: a3 ~~ ~ ~ - ~. ~ ~ ~ ~ ~ "~ { i pry, 1 :~ €d`~' ~~v ;m~a ~~~~Z Ab~~.iC ~ ,, .J ~Ni. ~~~ "+ '~- JAMIE STONESIFER, Plaintiff v. ERIC STONESIFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-4801 CIVIL ACTION -LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL/ ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Jamie L. Stonesifer, the Plaintiff in the above-captioned matter. Date: a ~ ~ ~I U1 By: BR~TCE b. FOR~P~IAN, ESQUIRE Attorney I.D. No. 21193 FOREMAN & FOREMAN, P. C. 112 Market Street 6`h Floor, Veterans Building Harrisburg, PA 17101-2015 Telephone No. (717) 236-9391 ,~ •,. TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Jamie L. Stonesifer, the Plaintiffin the above-captioned matter. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: ~ UI ~l~ ~ By: KRIS OPHER T. SM L, ESQUIRE Attorney LD. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717') 909-4060 Attorney for Plaintiff ~. ~ ~ ~ ;a t~ ~ c --~ ~~ ~ ~: ",~' ~ Z~> cry,.;, ~ ~~~, ~ ~;. ' rte c.: .. pay ~ ..~ ~ *~t, JAMIE STONESIFER, Plaintiff V. ERIC STONESIFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4801 CIVIL ACTION -LAW DIVORCE/CUSTODY PRAECIPE TO ENTER AND WITHDRAW APPEARANCE Kindly withdraw the appearance of Kristopher T. Smull, Esquire and Maria P. Cognetti and Associates on behalf of the above-named Plaintiff, Jamie Stonesifer, in connection with the above captioned matter. Date: ~ ~ (~ ~' T. Smull, Esquire Kindly enter the appearance of Kristopher T. Smull, Esquire and Robinson & Geraldo, on behalf of the above-named Plaintiff, Jamie Stonesifer, in connection with the above captioned matter. Date: S ~' (~ ~( U st er . Smull, Esquire ROBINSON & GERALDO Attorney I.D. No. 69140 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, do hereby certify that on the day of May, 2008, I caused a true and correct copy of the Praecipe to Enter and Withdraw Appearance to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 ROBINSON & GERALDO t By: I{ri t m 11, Esquire n ~ ~~ ~ ~'M~ r -4 'C)~ ...- "~ a? ~~ >~' ~~ t,.~ t JAMIE STONESIFER, Plaintiff v. ERIC STONESIFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4801 CIVIL ACTION -LAW DIVORCE/CUSTODY PRAECIPE TO ENTER AND WITHDRAW APPEARANCE Kindly withdraw the appearance of Kristopher T. Smull, Esquire Robinson & Geraldo on behalf of the above-named Plaintiff, Jamie Stonesifer, in connection with the above captioned matter. Date: J I4I~"~ I Kindly enter the appearance of Maria P. Cognetti, Esquire, on behalf of the above-named Plaintiff, Jamie Stonesifer, in connection with the above captioned matter. Date: 5'll ~{ O~ Maria P Cog e i, Esquire . 1 CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, do hereby certify that on the ~ ~ ~ day of May, 2008, I caused a true and correct copy of the Praecipe to Enter and Withdraw Appearance to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 ROBINSO & RALDO By: Kristo h . Smull, Esquire ~ N ~ ~ ~ `1'1 ~t C~ ~'i'1 f'" ,.,~ r '°J ~r f 4: .F" r I C ~= ~~W ``' -~