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Home My WebLink About08-1883./ LORI C. SLOAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. DS - 1883 of (., ?E".zryl GILBERT H. SLOAN : CIVIL ACTION - LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW COMES, LORI C. SLOAN, by and through her attorney, Thomas M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. Plaintiff is Lori C. Sloan, an adult individual who currently resides at 314 College Hill Road, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Gilbert H. Sloan, who currently resides at an unknown street address on New Jersey Drive, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Plaintiff seeks primary physical custody of the following child: Caleb David Sloan, born on November 1, 2006. The child was not born out of wedlock. The child is presently in the physical custody of Plaintiff. 4. During the past five years, the child has resided with the following persons and at the following addresses: Dates Address Persons A. November 2006 314 College Hill Road Mother to Present Enola, PA 17025 The father of the child is Gilbert H. Sloan, currently residing at an unknown street address on New Jersey Drive, Harrisburg, Dauphin County, Pennsylvania 17112. 1 The mother of the child is Lori C. Sloan, currently residing at 314 College Hill Road, Enola, Cumberland County, Pennsylvania 17025. 5. The relationship of Plaintiff to the child is that of mother. 6. The relationship of Defendant to the child is that of father. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the child will be served by granting Plaintiff primary physical custody of the minor child with partial physical custody to Defendant. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests This Honorable Court to award her primary physical custody of the minor child with partial physical custody to Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: ft- Thomas M. Clark, Esquire ID # 85211 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: 7 tr too TLJE- 1,-'I LORI C. SLOAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. . NO. GILBERT H. SLOAN : CIVIL ACTION - LAW Defendant : IN CUSTODY VERIFICATION 1 verifv that the statements made in 1:11is Complaint are true a.nd correct, l understand that false statements herein are made subject to thc penalties of 18 Pa. C.S- §490= relat;tng to unswon? lalsitlcatiou to U11:1101iliC:5. 1 R1 C. SLOAN Pla;ntii-f c -Y CTi 0 D LORI C. SLOAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1883 CIVIL ACTION LAW GILBERT H. SLOAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 09, 2008 at 1:00 PM 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john j. Mangan, Jr., Esq, r 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 ???????? ?:: ?? 4i^z.. ,, „?; LORI C. SLOAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-1883 GILBERT H. SLOAN : CIVIL ACTION - LAW Defendant ; IN CUSTODY RETURN OF SERVICE On the Id +?- day of April, 2008, I, David Rudy, Process Server, served GILBERT H. SLOAN., with the Custody Complaint and Order of Court scheduling a Conciliation for q ftdagpdtty, April 2008 by rd ? L r,.?cts> n?v (manner of service) at at -7 ? to A.m. (time of service). I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: DAVID RU _,T i'? ?„ i aak a1 2oos,r dY f LORI C. SLOAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-1883 CIVIL ACTION LAW GILBERT H. SLOAN, IN CUSTODY Defendant O ER OF COURT Are x AND NOW this 36 day of Nky 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Gilbert H. Sloan, and the Mother, Lori C. Sloan, shall have shared legal custody of Caleb David Sloan, born 11/01/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing May 9, 2008, Father shall have physical custody of Caleb on Friday May 9, 2008 through Sunday May 11, 2008. Father shall pick Caleb up at Mother's residence at or after 5:00 pm on Friday and return Caleb to Mother's residence no later than 7:00 pm on Sunday. b. On May 16, 2008, Father shall have physical custody of Caleb on Friday May 16, 2008 through Sunday May 18, 2008. Father shall pick Caleb up at Mother's residence at or after 5:00 pm on Friday and return Caleb to Mother's residence no later than 7:00 pm on Sunday. C. The weekend of May 23rd shall be Mother's weekend. d. Absent mutual agreement or further Order of Court sub-paragraphs 2 (a)-(c) shall be repeated on subsequent weekends (Father having two weekends in a row with Mother having the third weekend and then Father having two weekends in a row with Mother having the next etc.) e. Commencing May 7, 2008, Father shall have every Wednesday from after work until no later than 8:00 pm. Father shall pick up and drop off Caleb at Mother's residence absent mutual agreement otherwise. f. Father shall have addition periods of physical custody of the Child as mutually agreed to and the parties may alter/expand said times and days as mutually necessary or proper. 3. Holidays: The parties agree to arrange Holidays as attached, absent mutual agreement otherwise. L0 :) Hd 0C M O OZ 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. Mother and Father shall make ensure that proper car seats/restraints are used during the transportation of the subject Child. 9. The parties shall not smoke in confined areas/spaces when the Child is in their custody. The parties shall not subject the Child to second hand smoke under any circumstances. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. A status update conciliation conference is scheduled for June 30, 2008 at 9:00 am. The parties may contact the assigned Conciliator to cancel or reschedule this date as necessary or appropriate. J tribution: rt Sloan, 4318 New Jersey Drive, Harrisburg, PA 17112 lf-nii othy Colgan, Esq. ?John J. Mangan, Esq. COP, ts. ryitl ( LL By the Court, HOLIDAYS AND TIMS EVEN ODD SPECIAL DAYS YEARS YEARS Easter Asagreed Father Mother Memorial Da Asagreed Mother Father Independence Da As agreed Father Mother Labor Da Asagreed Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1 S Day of Thanksgiving (Thursday) Father Mother Half Times as agreed Thanksgiving 2° Day after Thanksgiving (Friday) Mother Father half Times as agreed Christmas 1 s Half From 2:00 pm on 12/24 to 2:00 pm Mother Father on 12/25 (non-custodial parent shall have an agreed upon custodial period on 12/24 Christmas 2° Half From 2:00 pm 12/25 until 2:00 pm Father Mother 12/26 New Year's Asagreed Father Mother Mother's Da From 9 am until 6 m Mother Mother Father's Da From 9 am until 6 m Father Father LORI C. SLOAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-1883 CIVIL ACTION LAW GILBERT H. SLOAN, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Caleb David Sloan 11/01/2006 Primary Mother 2. A Conciliation Conference was held with regard to this matter on April 29, 2008 with the following individuals in attendance: The Mother, Lori C. Sloan, with her counsel, Timothy Colgan, Esq. The Father, Gilbert H. Sloan, pro se 3. The parties agreed to the entry of an Order in the form as attached. L-11z- / IlzCzt-7 Date John YNfi4anjEsquire/ Cust dy C nciliator