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HomeMy WebLinkAbout04-0901JESSICA A. STOCKSLAGER, Plaintiff WILLIAM K. COLEMAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY No. CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Jessica Stockslager, by her attorneys, the Family Law Clinic, sets forth the following action: 1. The plaintiff is Jessica Stockslager, residing at 6403 Glenwood Street, Apartment 3, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant is William K. Coleman, residing at 12 West Lisbum Road, Bowmansdale, Cumberland County, Pennsylvania 17008 3. Plaintiff seeks primary physical custody of the following children (hereinafter Name referred to collectively as "the Children"): Present Residence 6403 Glenwood Street Apartment 3 Mechanicsburg, PA 17050 Thomas James Coleman 6403 Glenwood Street Apartment 3 Mechanicsburg, PA 17050 Hailey Ann Coleman The Children were bom out of wedlock. Date of Birth 6/29/0O 6/11/01 The Children are presently in the custody of Plaintiff, Jessica Stockslager, who resides at 6403 Glenwood Street, Apartment 3, Mechanicsburg, Pennsylvania 17050. During the past five years, Children have resided with the following persons and at the following addresses: Persons Jessica Stockslager, Anna Townsend, and John Kyle Simpson Jessica Stockslager Jessica Stockslager, Jennifer Walters, Kenneth Walters, and Kaitlynn Walters (a minor child) Address 6403 Glenwood Street Apartment 3 Mechanicsburg, PA 17050 42 West Main Street Apartment 3 Mechanicsburg, PA 17050 310 Chestnut Street Mount Holly Springs, PA 17065 Dates 9/1/03-present 4/1/03-8/31/03 2/1/03-3/31/03 Jessica Stockslager and 808B Fairfield Street 10/00-1/31/03 William Coleman Mechanicsburg, PA 17055 The mother of the Children is Jessica Stockslager, currently residing at 6403 Glenwood Street, Apartment 3, Mechanicsburg, Pennsylvania 17050. She is single. The father of the Children is William K. Coleman, currently residing at 12 West Lisbum Road, Bowmansdale, Pennsylvania 17008. He is single. 4. The relationship of Plaintiffto the Children is that of mother. Plaintiff resides with the following persons: Name Anna Townsend John Kyle Simpson Thomas James Coleman Relationshio Roommate Boyfriend Child Hailey Ann Coleman Child 5. The relationship of Defendant to the Children is that of father. Father currently resides with the following persons: Name Relationshil~ None 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation conceming the custody of the Children in this or another court. 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. 7. The best interests and permanent welfare of the Children will be served by granting the relief requested because: (a) Defendant has threatened Plaintiff that he would not return the Children to her following a recent weekend visit; (b) Plaintiff is better able to provide the care and nurturing which the Children need for healthy development; (c) Plaintiff provides the Children with a home and surroundings which sufficiently meet the moral, emotional, and physical needs of the Children; (d)Plaintiff is willing to accept custody of the Children; (e) Plaintiff exercises parental duties and enjoys the love and affection of the Children; (f) Plaintiff is willing to grant Defendant periods of partial custody in order for the Children to develop a strong parent/child relationship with both parents. 8. Each parent whose parental rights to the Children have not been terminated and the person who has physical custody of the Children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court grant primary physical custody of Children, Thomas James Coleman and Hailey Ann Coleman, to Plaintiff, with Defendant having periods of partial physical custody. Date: , 3/a~/~/"/L Certified Legal Intern ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 717/243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge 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. Date: Jesgica Stockslager, Plaintiff JESSICA A. STOCKSLAGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM K. COLEMAN, Defendant : CIVIL ACTION LAW IN CUSTODY : No. CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Jessica Stockslager, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date Chafin Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 JESSICA A. STOCKSLAGER PLAINTIFF WILLIAM COLEMAN DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 04-901 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, Wednesda~y, March 10, 2004 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Hubert X. G~, the conciliator at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 26, 2004 at 8:30_~ 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 a · order. All children are five or older may ~^ ~- ............ , nd to enter into a temporary ~ aL,, ~,,~ ~,,c~ ar me con~elence. 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 ali existing Protection from Abuse orders, Sl~eeial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ' t~ 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 ORTH BELOW ~I O FIND OU'I WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JESSICA A. STOCKSLAGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM K. COLEMAN, Defendant : CIVIL ACTION LAW : IN CUSTODY : No. 04-901 CIVIL TERM VERIFICATION OF SERVICE Understanding that the making of any false statement would subject The Family Law Clinic to the penalties of 18 Pa. C.S. § 4904 (relating to unswom falsification to authorities), the undersigned verifies that Erin Chafin mailed a true copy of the Custody Complaint on the Defendant by placing the same in the U.S. Mail, certified no. 7002 0860 0001 5847 8493, restricted delivery, return receipt requested, postage prepaid, on the 3rd day of March, 2004 addressed as follows: William Coleman 12 West Lisbum Road Bowmansdale, PA 17008 Sender's receipt no. 7002 0860 0001 5847 8493 is attached hereto and incorporated by reference. On the 15th day of March, 2004, green return receipt no. 7002 0860 0001 5847 8493 was delivered to The Family Law Clinic, bearing the signature of William Coleman and showing a date of service of March 9, 2004. The return receipt is attached hereto and incorporated by reference. Date: ~/]/~/~?/-~ ~E~in Chafin- / Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 print Attact · Sender: Please prin Cenifled Fee Return Receipt Fee (Endorsement Raqulred) ',~.nbu. ue §u!qem uBUAq 11 ~,ues~Jd pue ld!BoBJ qqT 8Ae~ :.LNVJ. IJOd~I SBp.AO~d pelM JESSICA A. STOCKSLAGER, : 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM K. COLEMAN, Defendant : CIVIL ACTION LAW IN CUSTODY :No. 04-901 CIVIL TERM VERIFICATION OF SERVICE Understanding that the making of any false statement would subject The Family Law Clinic to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities), the undersigned verifies that Erin Chafin served a true copy of the Court Order scheduling a pre- hearing custody conference on the Defendant by placing the same in the U.S. Mail, certified no. 7002 0860 0001 5847 8677, restricted delivery, return receipt requested, postage prepaid, on the 16th day of March, 2004 addressed as follows: William Coleman 12 West Lisburn Road Bowmansdale, PA 17008 Sender's receipt no. 7002 0860 0001 5847 8677 is attached hereto and incorporated by reference. On the 22nd day of March, 2004, green return receipt no. 7002 0860 0001 5847 8677 was delivered to The Family Law Clinic, bearing the signature of William Coleman and showing a date of service of March 20, 2004. The return receipt is attached hereto and incorporated by reference. Date: ,~/_~ ~//5~7L Erin Chafin Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 '/[J~ [~L. &e ~u!~em uoq~A lg luasodd pue d!aoad s!q~ a~eS :/IdVll~Od~l :sop!AO~d I.elAI poq~po:) · 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: A. Received by (f B, Date of Delivery [-i Agent [] Addressee t fro~ item 1 ? Yes enter delivery address below: [] No I 3. Service Type ~ Certified Mail [] Express Mail [] Registered ~' Return Receipt for MerChandise [] Insured Mail [] C,O.D. 4. Restricted Delivery? (Extta Fee) -'~Yes 2. AKicle Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 Sender: Please I~nth'your n~me, addres~,-a~d"Z~;~ i~:~6X ~'~ ,;i/ FAMILY LAW ~' ~ ,-~INIC 45 ~. PITT STiEET CARLISLE, PA 17013 h"llh,,lll,,,,,,Ih,lh,,hli,l,,,h,l,,Ih,l,,I,hl,,,,iJl i JESSICA A. STOCKSLAGER, Plaintiff V WILLIAM K. COLEMAN, Defendant 2004 : IN THE COUI~[T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04-901/0.4-1087 : IN CUSTODY CO~TO~ER a -i AND NOW, this ~ day of ~ ,2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Jessica A. Stockslager, and the father, William K. Coleman, shall enjoy shared legal custody of Thomas .lames Coleman, born June 29, 2000 and Halley Ann Coleman, born June 11, 2001. 2. Physical custody shall be handled as follows: a. The father shall have custody of the minor children every Friday from 5:30 p.m. when mother shall deliver the children to the father until Monday morning when father shall deliver the children back to the mother prior to him going to work. Additionally, father shall enjoy custody of the minor children on at least one evening per week to be arranged between the parties, with the time being from 5:30 p.m. until 8:00 p.m. Mother shall deliver the children to the father at the beginning of the weekday evening custody with father to deliver the children back to the mother at 8:00 p.m. b. Mother shall have physical custody of the minor children at all other times. 3. The parties may modify this order in any way that they deem appropriate. However, absent an agreement between the parties, this order shall control. 4. The attorneys for the parties shall conduct a telephone conference call with the custody conciliator on May 14, 2004. The purpose of this call is to determine if any further modifications of the order arc requiired. o This order is an interim order and entered with the understanding that neither party is waiving the right to claim that a different custody situation should exist in the event a hearing is required. The action filed at 04-1087 by the father in this matter is hereby discontinued by virtue of the filing of a copy of this order at that docket number. Judge CC: P. Richard Wagner, Esquire Erin Chafin, Student Attorney JESSICA A. STOCKSLAGER, Plaintiff V WILLIAM K. COLEMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04-901 / 0.4-1087 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COLUNTY 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 Htigation is as follows: Thomas James Coleman, born June 29, 2000 and Halley Ann Coleman, born June 11, 2001. A Conciliation Conference was held on March 26, 2004 with the following individuals in attendance: The mother, Jessica A. Stockslager, with her student attorney, Erin Chafin of the Dickinson School of Law, Family Law Clinic, and the father, William K. Coleman, with his attorney, P. Richard Wagner. 3. The parties agreed upon a temporary order in the form as attached.