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Home My WebLink About08-3025Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT FINGERHOOT, Plaintiff V. ELLEN COLEMAN, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. VP-30a S' CIVIL TERM CIVIL ACTION - LAW COMPLAINT TO ESTABLISH PATERNITY AND FOR GENETIC TESTING Plaintiff, Scott Fingerhoot, requests genetic testing to establish paternity pursuant to 23 Pa. C. S. § 4343, and in support of that requests that: 1. Plaintiff is an adult individual who resides at 801 Walnut Street, Apt. 12, Lemoyne, Pennsylvania 17043. 2. Defendant is an adult individual who resides at 779 Erford Road, Camp Hill, Pennsylvania 17011. 3. Defendant is the natural mother and Plaintiff believes that he may be the natural father of the following children: Drew M. Coleman, born May 15, 1997 and Samantha N. Coleman, born October 13, 1999. 4. The above-named children resides at the following address, with the following individuals: Address Household Members / Relationship 779 Erford Road Defendant/Mother, Tyler R. Coleman, sibling Camp Hill, Pennsylvania infant twins born to Defendant and Randy Rager 5. Defendant was married to Scott Coleman at the time the children were conceived or born. 6. Defendant is now married to Scott Coleman. 7. There is a custody action involving the paternity of the above-named children now pending in this jurisdiction, Docket No. 2007-3330. a. An October 15, 2007 Order gives shared legal custody of the children to Defendant and Scott Coleman and Primary physical custody to Defendant. b. This was confirmed by Judge Hess' Order of March 27, 2008, after hearing. C. In Judge Hess' most recent Order of April 3, 2008, school year schedule adjustments, the summer schedule, vacation and counseling were addressed. d. It is believed, and therefore averred that there is a pending Contempt matter against the Defendant for failure to abide by the terms of the current Custody Order. b. Defendant filed a Petition for Reconsideration of Custody Order in which she alleges that Scott Coleman stands in loco parentis to the subject children. C. Another conciliation is scheduled before John Mangan on May 28, 2008. 8. The Defendant filed a support complaint on January 4, 2008, docketed to number 00012-S-2008, PACKS Case No. 084109715, in the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania. 9. By Judge Guido's Order of January 22, 2008, the Defendant's complaint for support was dismissed without prejudice due to exceptions being filed and not heard on PACSES Case No. 246109153. 10. There has been a determination by this Court as to the paternity of the children to the extent that it was determined that they were not the genetic children of Scott Coleman. Testing was performed through the Cumberland County Domestic Relations Office by Order of Judge Guido after the Support Master determined that the Defendant herein concealed and misrepresented her relationship with the Plaintiff for a period of 11 years. WHEREFORE, Plaintiff requests that the Court order Defendant to submit to genetic testing and to make the children, Drew M. Coleman, born May 15, 1997 and Samantha N. Coleman, born October 13, 1999, available for genetic testing. JOH SON, DU E, STEWART & WEIDNER :331647 VERIFICATION I, SCOTT FINGERHOOT verify that the statements made in this Complaint to Establish Paternity and for Genetic Testing are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: L5 ' IF' O SCOTT FING HOOT O ? Q -? D U L C-_ crz) ., ( rn MAY 16 2008 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 sou I I FINGERHOOT, Plaintiff V. ELLEN COLEMAN, Defendant NOTICE OF HEARING AND ORDER CIVIL ACTION - LAW YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled below. If you fail to do so, the case may proceed against you, and the final Order may be entered against you granting the re of requested by the Plaintiff. Plaintiff and Defendant are directed to appear on the ? day of 2008, at g; DU -49 , m,, at Courtroom -4L for a hearing on Plaintiffs request r gen is testing. If you fail to appear as ordered, the Court may enter an Order in your absence, requiring you and your children to submit to genetic tests. BY THE OURT: 4 J. 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR AT NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. p$- 3o,9 CIVIL TERM 1 V 3(? vV% • tttl ,klNnr~ - p NJ 00 ),Vu a00Z SCOTT FINGERHOOT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 08-3025 CIVIL ELLEN COLEMAN, Defendant IN RE: MOTION TO ESTABLISH PATERNITY AND FOR GENETIC TESTING ORDER AND NOW, this Z3`0 day of May, 2008, hearing in the above-captioned matter set for July 7, 2008, is continued to Monday, July 21, 2008, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Hess, J. ? 'Melissa Peel Greevy, Esquire / For the Plaintiff llen Coleman f'! 779 Erford Road Camp Hill, PA 17011 :rlm ' ?? ?, ?G?a?SZ Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff SCOTT FINGERHOOT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-3025 CIVIL TERM ELLEN COLEMAN, CIVIL ACTION - LAW Defendant RETURN OF SERVICE AND NOW, this Y)Uday of June, 2008, the undersigned does hereby certify that on June 5, 2008, the Complaint filed May 13, 2008 in the above captioned action was served upon on Defendant, Ellen Coleman, via certified mail return receipt requested, restricted delivery, addressed to 779 Erford Road, Camp Hill, PA 17011. The Return Receipt evidencing service upon Defendant is attached hereto as Exhibit A. JOHNSO , DUFFLE, STEWART & WEIDNER elissa Peel Greevy I. D. No. 77956 Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Return of Service upon all parties or counsel of record by depositing a copy of same i the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the ay of June, 2008, addressed to the following: Ellen Coleman 779 Erford Road Camp Hill, PA 17011 IE, STEWART & WEIDNER ssa Peel Greevy 335140 y Q. - (Domestic Only; - CE) ,a E -0 KM70-1 Postage $ Q A 770 ri.l r Y""t certified Fee ? V MAY O 0 Return Receipt Fee (Endorsement Required) A rk LLU Here to C b 20 Q r-q Restricted Delivery Fee (Endorsement Required) U54S rO Total Postage & Fees $ r- Sent To O Street Apt. No.; orWlB;No. -1-IT -- ------ ?r-?} . . I v1?:D RE --- -----------••-°----__._°--•--°--° ° City State. Z1P+4 u A r- 3800. August r A. Agent e a a Ids Abme) Date of Del. .2h , ? rte, ? ? S"?? D. Is delivery address diflerent from item 1? ? Yes If YES, enter delivery address below: ? No t14 L 10 I 3. Service Type X Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restrioted Delivery? pft Fee) Yes 2. Article Number - - --a-- frransferftmWVkelaw 7007 0710 0002 9649 1829 ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 4 . P5 Form :it311, February 2004 PUUNTN' S EXr Domestic Return Receipt 1 ?? -521 ' S ? F`Z Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT FINGERHOOT, Plaintiff V. ELLEN COLEMAN, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3025 CIVIL TERM Defendant CIVIL ACTION - LAW MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, Scott Fingerhoot, by his attorneys, Johnson, Duffie, Stewart & Weidner and respectfully represents the following in support of said Motion: 1. Plaintiff filed a Complaint to Establish Paternity and for Genetic Testing on May 13, 2008. 2. A hearing is scheduled in this matter on Monday, July 21, 2008 at 3:00 p.m. before Judge Hess. 3. On June 2, 2008, the Defendant filed a new Complaint for Child Support in the Court of Common Pleas of Cumberland County, Pennsylvania at Docket No. 12-S-2008, PACES Case No. 0841097154. 4. Defendant's filing followed shortly after Judge Ebert dismissed her exceptions to the Support Master's report and recommendations in a support matter she had filed against Scott M. Coleman at Docket No. 354-S-2007, PACES Case No. 246109153. 5. As the result of the support conference on July 1, 2008, in an Order dated July 3, 2008, the parties were Ordered to appear for genetic testing which, it is believed, and therefore averred, is scheduled to occur on July 27, 2008. 6. Plaintiff in the instant matter requests that the hearing scheduled before Judge Hess for July 21, 2008 at 3:00 p.m. be continued in order to afford the opportunity for the parties and children to be tested as scheduled. 7. Provided that the parties and identified children are tested as scheduled, Judge Hess' chambers will be notified. Under those circumstances, it is expected that the hearing will not need to be rescheduled as the instant Complaint seeks genetic testing, which is presently Ordered. 8. It is believed, and therefore averred, that the Defendant is not represented by counsel in this matter, and that she has recently moved. 9. Accordingly, Defendant will be notified of this Motion and asked to respond in writing with her concurrence, or not, to both the court and the undersigned counsel for Plaintiff. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Melissa Peel Greevy, Esquire I . D. 77950 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Motion for Continuance upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 17th day of July, 2008, addressed to the following: Ellen Coleman 779 Erford Road Camp Hill, PA 17011 JOHNSON J JFf,?E, STEWART & WEIDNER Peel Greevy :338707 hJ C? C".5 t4i) ?3 f `?? ('i ? j ice{ [^i ?? ? ,r ?,?_ ..,..y _.. ?,., _ a`f`t i:."i FT> :?7 Lt? ...? A R. JUL 212008 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT FINGERHOOT, Plaintiff V. : ELLEN COLEMAN, Defendant ORDER Distribution: elissa Peel Greevy, Esquire 301 Market Street, P.O. Box 109Lemoyne, PA 17043 ,Mien Coleman, 779 Erford Drive, Camp Hill, PA 17011 AND NOW, this cV01 day of July, 2008, upon consideration of Plaintiff's Motion for Continuance, said Motion is GRANTED and the hearing in the above captioned matter set for July 21, 2008 is continued to 029 2008 at 110L.m. in courtroom number 4, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: KEVIN HESS, J. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3025 CIVIL TERM CIVIL ACTION - LAW -11 CO , 1 . w? Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT FINGERHOOT, Plaintiff V. ELLEN M. COLEMAN and SCOTT COLEMAN, Defendants To the Prothonotary: Attorneys for Scott Fingerhoot IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE NO. 08-3025 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Kindly with draw the Plaintiffs Complaint to Establish Paternity and for Genetic Testing filed on May 13, 2008. Respectfully submitted, JOHNS O FFIE, STEWART & WEIDNER Melissa Peel Greevy J I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 344136 ?? ?=.?. ??;?, ?-