Loading...
HomeMy WebLinkAbout08-4646IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EARL STONEBERGER, CIVIL ACTION Plaintiff e.?L C-? 414 V. TERESA ANN YOUNG, CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Earl Stoneberger who currently resides at 4 Peiper Court, Carlisle, Pennsylvania. 2. The defendant is Teresa Ann Young who currently resides at 103 S. Market Street, Apt. B, Liverpool, Pennsylvania. 3. The plaintiff is seeking custody of the following children: Name Residence Age Damien Paul Stoneberger 4 Peiper Court, Carlisle, PA 8 (DOB 12/12/99) Destiny Nashele Stoneberger 103 S. Market Street 7 Liverpool, PA (DOB 8/29/01) The children were born out of wedlock. The child, Damian Paul Stoneberger is presently in the custody of Earl Stoneberger. Teresa Young dropped Damian off at Earl's home on July 18, 2008 and told the plaintiff that Damian was now his responsibility, because she could not handle him. The child Destiny Stoneberger is currently residing with Teresa Young. During the past five years, the child has resided with the following persons and at the following addresses: (List all Persons) (List all Addresses) (Dates) Earl and Joy Stoneberger 4 Peiper Court, Carlisle, PA 7/18/08 - Present Mackayla Stoneberger (infant) Teresa Young, Damian Stoneberger, and Destiny Stoneberger Sharon Young, Damian Stoneberger and Destiny Stoneberger Teresa Young, Damian Stoneberger and Destiny Stoneberger 103 S. Market Street, Apt. B 12/07 - 7/18/08 Liverpool, PA Newbloomfield, PA Pine Needle Drive Newbloomfield, PA Earl Stoneberger, Theresa Young, Damian Stoneberger, Destiny Stoneberger, Medora Stoneberger, and Amos Stoneberger 10/07 -12/07 unknown - present 429 Shippensburg Road 4/02 - 9/02 Newville, PA The mother of the children is Teresa Young, currently residing at 103 S. Market Street, Apt. B, Liverpool. She is single. The father of the child is Earl Stoneberger, currently residing at 4 Peiper Court, Carlisle, Pennsylvania. He is married. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons other than children: Joy Stoneberger (wife) and Mackayla Stoneberger (infant). 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons other than the children: None 6. Plaintiff has not participated as a party or witness or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff and his wife have undertaken and are willing and able to perform the primary parental responsibilities for the children. Children and Youth have investigated the defendant and the environment in which the defendant is raising the children. Plaintiff is the best able to provide the care and nurture which the children need for healthy development. 8. 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 requests the court to grant him custody of the minor children. Sh ' 15. Coover, Esquire A orney ID 92385 44 S. Hanover Street Carlisle, PA 17013 04 IV v .`tea./ V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EARL STONEBERGER, CIVIL ACTION 'Plaintiff V. TERESA ANN YOUNG, CUSTODY Defendant VERIFICATION I verify that the statements made m this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. <?-l -,,20°9 Date: Earl tone rger EARL STONEBERGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TERESA ANN YOUNG DEFENDANT 2008-4646 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 08, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 11, 2008 at 8:30 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. 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/ Hubert X. Gilroy, Esq 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 OAno 1 3 _z Wd 8- MY 8002 Mb tGf ti :)HJ-Oed 3Hi jo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EARL STONEBERGER, : CIVIL ACTION AT LAW Plaintiff : Case No. 2008-4646 CIVIL TERM V. TERESA YOUNG, CUSTODY Defendant PETITION TO DISCONTINUE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 229(Al Plaintiff, Earl Stoneberger, by and through his counsel, Sheri D. Coover, Esquire hereby requests the discontinuance of the above-captioned action and in support of that request avers as follows: 1. On or around August 1, 2008, plaintiff Earl Stoneberger filed a Complaint for Custody in the Cumberland County Court of Common Pleas. 2. On the same date, defendant Teresa Young filed a petition for custody in the Perry County Court of Common Pleas. 3. On August 12, 2008, a hearing was scheduled to be held in the Perry County Court of Common Pleas on Teresa Young's Petition for Special Relief and Earl Stoneberger's Petition to Transfer. 4. Prior to the beginning of the hearing, the parties reached an agreement on a suitable custody arrangement and the judge issued a custody order which reflected the agreement. 5. The parties agreed that the Perry County Court of Common Pleas can properly assert jurisdiction over this custody dispute as the minor children lived in Perry County six months prior to the filing of the custody complaints. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Rule 229(a), plaintiff voluntarily terminates the above-captioned action against the defendant. submitted, ?oover, Esquire ID 93285 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EARL STONEBERGER, Plaintiff V. TERESA YOUNG, Defendant : CIVIL ACTION AT LAW : Case No. 20084646 CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certifies that on this 13th day of August, 2008, I caused the foregoing PETITION TO DISCONTINUE AND END upon defendant's counsel via United States first class mail addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Sh (b. Coover, Esquire orneyID 93285 44 S. Hanover Street Carlisle, PA 17013 C`> C " r? ° -?? . _,,,? a? ? y c.,? . ?= ? c r ? Y' ?'. .' ?' .N'., f µ_ Air, i R 2008 EARL STONEBERGER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW TERESA ANN YOUNG, NO. 2008-4646 Defendant IN CUSTODY COURT ORDER AND NOW, this day of August, 2008, the Conciliator being advised the Custody Complaint been withdrawn, the Conciliator relinquishes jurisdiction. Hubert X. Custody C E'7 r-.3 C c_ Im CID i AUG 14 20006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EARL STONEBERGER, : CIVIL ACTION AT LAW Plaintiff : Case No. 2008-4646 CIVIL TERM V. TERESA YOUNG, CUSTODY Defendant ORDER AND NOW, this ___` day of ' 2008, upon consideration of Plaintiffs Petition to Discontinue Pursuant to Pennsylvania Rule of Civil Procedure Rule 229 (a), the above-captioned case is hereby DISMISSED with further proceedings regarding this matter to be held under Action No. FC 2008-197 in the Perry County Court of Common Pleas. -? ?. i? A?> ??,, -',_ ,z`"- F ?.? ????_:• ,? s:- c,,*s ?,?- ?.? ? U ?.'