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HomeMy WebLinkAbout08-0785BARBARA LYNN VOKES, Plaintiff V. CRAIG ROBERT CHAPPELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008- )95 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSELING FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD, 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, PA 17013 TELEPHONE NUMBER- 717-249-3166 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. BARBARA LYNN VOKES, Plaintiff V. CRAIG ROBERT CHAPPELL, Defendant COMPLAINT FOR PHYSICAL AND LEGAL CUSTODY AND NOW, Plaintiff/Mother Barbara L. Vokes, by and through her attorney, Derek R. Clepper, Esquire, files a Complaint for Physical and Legal Custody against Defendant/Father, Craig R. Chappell, and in support thereof, avers the following: 1. Plaintiff is Barbara L. Vokes, an adult individual residing at 514 Cherrington Drive Harrisburg, Dauphin County, Pennsylvania. 2. Defendant is Craig R. Chappell, an adult individual residing at 1122 Gunstock Lane, Mechanicsburg, Cumberland County, Pennsylvania. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008- )F8S CIVIL TERM CIVIL ACTION- LAW IN CUSTODY 3. Plaintiff seeks custody of the following child: Name Present Addresses Date of Birth Chase R. Chappell 514 Cherrington Drive Harrisburg, PA 1122 Gunstock Lane Mechanicsburg, PA April 4, 1998 The child was born of the marriage of the Plaintiff and Defendant. The child is presently in the custody of, Barbara L. Vokes and Craig R. Chappell, who currently resides with Mother for one half of the week and with Father for one half of the week. During the past five years, the child resided with the following persons and at the following address: Persons Barbara L. Vokes Residences 514 Cherrington Drive Harrisburg, PA 1122 Gunstock Lane Mechanicsburg, PA Dates February 10, 2003 - Present Craig R. Chappell December 23, 2004- Present The mother of the child is Barbara L. Vokes, who currently resides at 514 Cherrington Drive, Dauphin County, Pennsylvania. She is single. The father of the child is Craig R. Chappell, who currently resides at 1122 Gunstock Lane, Mechanicsburg, Pennsylvania He is married 4. The relationship of the Plaintiff to the child is that of Mother. Plaintiff currently resides with the following persons: Name Glenn Brown Relationship 5. The relationship of the Defendant to the child is that of Father. Defendant currently resides with the following persons: Name Denise Chappell Savannah Chappell Relationship 6. Plaintiff and Defendant have participated in other litigation concerning the custody of the child in this court. On April 5, 2000, an agreed Order for Custody of the child was entered in the Court of Common Pleas of Cumberland County, Pennsylvania. See Order of April 5, 2000, attached hereto as "Exhibit A". Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of this child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting mother primary physical custody of the child and sole legal custody of the child. 8. Defendant has demonstrated unwillingness to discuss matters regarding the child's medical treatment and/or psychological well-being, leaving Plaintiff with no other alternative, but to file this action for Custody. 9. Plaintiff believes that it is in the child's best interest to modify the current custody order with an attention to the child's permanent welfare. 10. The current custody order was entered one (1) day after the child's second birth day. The child of this support order will turn ten-years-old on April 4, 2008. 10. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, the Plaintiff, Barbara L. Vokes, respectfully requests that this Honorable Court enter an Order granting her primary physical custody and legal custody of the child. Respectfully S erek R. Clepper, Esquire Attorney for Plaintiff Supreme Court I.D. # 90810 13 North Hanover Street Carlisle, PA 17013 (717)-226-1514 DATE: q fi? 24'0 b VERFICATION I, Barbara L. Vokes, verify that the statements made in the foregoing Complaint for Primary Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. B tiara L. Vokes Plaintiff DATED:_ C `-Q BARBARA LYNN VOKES, Plaintiff V. CRAIG ROBERT CHAPPELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008- CIVIL TERM CIVIL ACTION- LAW IN CUSTODY CERTIFICATE OF SERVICE I, Derek R. Clepper, Esquire, Attorney for Plaintiff, Barbara L. Vokes, hereby certify that I have served a true and correct copy of this COMPLAINT FOR PHYSICAL AND LEGAI, CUSTODY upon the Defendant, Craig R. Chappell, by depositing the same in the U.S. Mail, First Class, Postage Prepaid, Restricted Delivery, Return Receipt Requested, to the following address: 1122 Gunstock Lane Mechanicsburg, PA 17050 DATED: Q er ek R. Clepper, squire Attorney for Plaintiff 13 North Hanover Street Carlisle, PA 17013 (717)-226-1514 Supreme Court I.D. 90810 EXHIBIT A BARBARA LYNN CHAPPELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-1446 Civil Term CRAIG ROBERT CHAPPELL, Defendant Civil Action - In Divorce ORDER OF COURT AND NOW, this day of Y -jgt-a_, 2000, the Plaintiff, Barbara Lynn Chappell, by and through her attorneys, Fenstermacher and Associates, P.C., and the Defendant, Craig Robert Chappell, by and through his attorneys, James, Smith, Durkin & Connelly LLP, agree as follows: 1. The Plaintiff, Barbara Lynn Chappell, filed a Petition for Emergency Relief on April 4, 2000 relating to custody of the parties' minor child, Chase R. Chappell, born April 4, 1998. 2. The Plaintiff and Defendant, in consultation with their counsel, have reached an agreement regarding the terms and conditions of the temporary custodial arrangement pending the outcome of a psychological evaluation. 3. The parties, through their counsel, shall promptly agree on the psychological evaluator and begin the evaluation process. They shall pay for the psychological evaluation in proportion to their incomes as either agreed upon by the parties, determined by the Domestic Relations Office or, if necessary, by the Court. 4. Pending the outcome of the psychological evaluation and further Order of this Court, the parties shall share legal custody and shall share physical custody equally based on the following schedule: A. Plaintiff shall have custody of the minor child each Monday and Thursday overnight until the following morning when he will be dropped off at day care. B. Defendant shall have custody of the minor child each Tuesday and Wednesday overnight until the following morning when the child will be dropped off at day care. C. The parties shall alternate weekends from after day care Friday until Monday morning when the child will be dropped off at day care with the first alternating weekend being the Plaintiff's weekend beginning Friday, April 7, 2000. D. The Defendant's Tuesday and Wednesday schedule shall begin on Tuesday, April 11, 2000. E. Pending the outcome of the psychological evaluation, the parties will alternate holidays with the Plaintiff having Easter in the alternating holiday schedule, and the Defendant having Memorial Day. F. The Plaintiff shall have custody of the minor child on Mother's Day and the Defendant on Father's Day, regardless of the weekend schedule. 2 G. An exception to the above schedule shall be Friday, April 7, 2000, when the Defendant shall have the child from day care until 8:00 p.m. BY THE COURT, TRUE COPY FROM RECORD in Tastimony whereof, I here unto set my hand ?nd the I of said Court at Carlisle, Pa. 3 rhi day noel pot orlotary BARBARA LYNN CHAPPELL, Plaintiff/Respondent V. CRAIG ROBERT CHAPPELL, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-1446 Civil Term CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, LLP attorney for the Petitioner, Craig Robert Chappell, hereby certify that I have served a copy of the foregoing Petition for Interim Relief on the following on the date and in the manner indicated below: U.S MAIL, FIRST CLASS, PRE-PAID Barbara Lynn Chappell 591 Geneva Drive, Unit 6 Mechanicsburg, PA 17055 JAMES, SMITH, DURKIN & CONNELLY LLP DATE: By: Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 N -o t? '-1 v a F Vi r C3 t y. r-j ° ca N Q F rn .6 BARBARA LYNN VOKES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-785 CIVIL ACTION LAW CRAIG ROBERT CHAPPELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 07, 2008 , 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, Mechanicsburg, PA 17055 on Wednesday, March 12, 2008 at 10:30 AM for a Pre-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. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. k, jA 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 ISO - e- - ZS-.l bid L - 93J O00Z 48VII iNCk4;s.` Uld 3A J® IIAR 17 2008' BARBARA LYNN VOKES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-785 CIVIL ACTION LAW CRAIG ROBERT CHAPPELL Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z O R day of ]teaI e__ L ? , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Deborah Salem or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. The parties shall initially request recommendations from the evaluator as to initiating counseling for the Child. All costs of the evaluation shall be shared equally between the parties. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. 2. Within sixty (60) days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. cc/Derek R. Clepper, Esquire -Counsel for Mother ?John J. Connelly, Jr., Esquire - Counsel for Father 0-1 R?S' m,9?4 LL V;)LOILIP6 BY THE COURT, cl . BARBARA LYNN VOKES Plaintiff vs. CRAIG ROBERT CHAPPELL Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-785 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Chase R. Chappell April 4, 1998 Mother/Father 2. A custody conciliation conference was held on March 12, 2008, with the following individuals in attendance: the Mother, Barbara Ann Vokes, with her counsel, Derek R. Clepper, Esquire, and the Father, Craig R. Chappell, with his counsel, John J. Connelly, Jr., Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator - r BARBARA L. YOKES, PLAINTIFF V. CRAIG R. CHAPPELL, DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008/785 TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Barbara L. Vokes (hereinafter referred to as "Mother") and Craig R. Chappell (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Chase R. Chappell, born April 4, 1998 (hereinafter referred to as "child"); and, WHEREAS, the parties are presently divorced and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. The Mother shall have legal custody of the child. 2. Mother shall have physical custody of the child. 3. Mother agrees to terminate all child support actions involving the the parties and further agrees to forgive all arrears. 4. Any modification or waiver of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 5. The parties desire that this Stipulation and Agreement be made an Order of the Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties' minor child and shall retain jurisdiction should circumstances change and either party desire or require Modification of said Order. 6. The parties agree that in making this Agreement, there has been no ffe 8V overreaching on the part of the other. 7. The parties acknowledge that they have read and understand the provisions of this Agreement. 8. Each party acknowledges that the Agreement is fair and equitable and that it is not the re ult of an dress or undue infl nce. Moffietl a yf-ceS fhaf she W111 vgo-r con[P *tlkerS emplover -or any rWdo iv? 41,P &7'e IN WITNESS THEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. lo• FAlhey h ff D?Feo-ed * am hmuf heagheaw iosamce,howeuev mollw re a6W she will eonf?naz -M provK hAR14 ireSwanCe, & uslve y J o? LPY Date Z . UW 4_ Barbara L. Vokes 1 611vflj?? 3 as' Date Craig. Chappell ?'--' ,-? 4:.:} -s-s ? ?;"'S :, 1 ? . {' ` U 4, ?? . f ? ?..?'t Y ?-? .? ., ? BARBARA L. YOKES, PLAINTIFF V. CRAIG R. CHAPPELL, DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008/785 TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Barbara L. Vokes (hereinafter referred to as "Mother") and Craig R. Chappell (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Chase R. Chappell, born April 4, 1998 (hereinafter referred to as "child"); and, WHEREAS, the parties are presently divorced and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. The Mother shall have legal custody of the child. 2. Mother shall have physical custody of the child. 3. Mother agrees to terminate all child support actions involving the the parties and further agrees to forgive all arrears. 4. Any modification or waiver of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 5. The parties desire that this Stipulation and Agreement be made an Order of the Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties' minor child and shall retain jurisdiction should circumstances change and either party desire or require Modification of said Order. 6. The parties agree that in making this Agreement, there has been no -fir overreaching on the part of the other. 7. The parties acknowledge that they have read and understand the provisions of this Agreement. 8. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 9. ji#ber agrees fhat she w111 not e6r&R& ,g64evs -emploVev -6r any reato4 1o Ae -hlAoe, IN WITNESS THEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. lo. >=a-lhey has #,q-ed7? comae healM elave Warwce hOl evev of wto vs requ?esf ',5h.e will eoniinu e pvo yr "°e WI SG,dQiY,? -ex c U s?'2 , 3 S d Date 1 yk&v- Barbara L. Vokes --`',moo? S Date 'L Craig R. Chappell r-? ? ?i? .. ?? ?? C?? -. _?, ; ; C..3 d,.i? - ? '? ?,i ?? i ..,? -• , APR 0 4200A?IZ BARBARA L. VOKES, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008/785 TERM CRAIG R. CHAPPELL, CIVIL ACTION - LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this _ day of d 2008, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE COURT, J. ?arbara L. Vokes 514 Cherrington Drive Harrisburg, PA 17110 J Xr,aig R. Chappell 1122 Gunstock Lane Mechanicsburg, PA 170M d 1*11NARSNN3 Z .Zl gj 6 888 on,