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HomeMy WebLinkAbout08-7259Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ROBIN G. STOUFFER, Plaintiff V. AMY PATTERSON and JAMES H. PATTERSON, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- 7? 5f CZ,-4 IOl CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff is Robin G. Stouffer, an adult individual currently residing at 505 B Street, Carlisle, Cumberland County, Pennsylvania. Plaintiff is the maternal grandmother of the child. 2. Defendant, Amy Patterson, is an adult individual currently at 505 B Street, Carlisle, Cumberland County, Pennsylvania. She has also recently resided at the Brooke Glen Behavioral Hospital, 7170 Lafayette Avenue, Fort Washington, PA 19034. Defendant Amy Patterson is the mother of the child. 3. Defendant, James H. Patterson, Jr., is an adult individual with an unknown address. Defendant James H. Patterson, Jr., is the maternal grandfather of the child. 4. Plaintiff, the maternal grandmother, seeks custody of the child, Donavin James Patterson, who was born on March 26, 2007. 5. The child was born out of wedlock. 6. The father of the child is unknown and no father is listed on his birth certificate. 7. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Since his birth, the child has resided with Plaintiff, and periodically, with Defendant Amy Patterson, at 505 B Street, Carlisle, PA. 8. Defendant, Amy Patterson, is currently an inpatient at Brooke Glen Behavioral Hospital. Prior to this, she was an inpatient at Roxbury Treatment Center, 601 Roxbury Road, Shippensburg, PA 17257. 9. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 10. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 11. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because she can best provide a stable and nurturing environment for her grandson. 12. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON LAW OFFICES By TL o??? ? I ?-AA Thomas J. WilliaMs, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 12-1 `b 1 6 8? Attorneys for Plaintiff VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Robin G. Stouffer F:\FILES\Cb=ts\13254 Stouffer\13254.1.custodycomplainl 4 Chi" Ul) I ROBIN G. STOUFFER PLAINTIFF V. AMY PATTERSON AND JAMES H. PATTERSON, JR. DEFENDANT IN THE COURT CUMBERLAND 2008-7259 CIV. IN CUSTODY ORDER OF COURT COMMON PLEAS OF JNTY, PENNSYLVANIA ACTION LAW AND NOW, Tuesday, December 16, 2008 , upon nsideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befor Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tue day, January, 20, 2009 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 hear by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry f a temporary or permanent order. The court hereby directs the parties to furnish any and all exis ing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Custody Con4iliator 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 facilit es and reasonable accommodations available to disabled individuals having business before the court, ple se 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 As ociation 32 South Bedford Street Carlisle, Pennsylvania 1 013 Telephone (717) 249-3166 9 1030 0901 ^ ! E'+ 3 fl JAN 2 1 2009 6? ROBIN G. STOUFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7259 CIVIL ACTION - LAW AMY PATTERSON and JAMES : H. PATTERSON, JR., : IN CUSTODY Defendants ORDER OF COURT AND NOW, this 23 day of J , 2009, upon consideration of the attached Custody Conciliation Rep t, it is ordered and directed as follows: 1. Maternal Grandmother, Robin G. Stouffer, shall have sole legal custody of the child, Donavin James Patterson, born March 26, 2007. Maternal Grandmother shall keep Mother advised of all major decisions made on behalf of the child. 2. Maternal Grandmother shall have primary physical custody of the child. 3. Mother shall have periods of partial physical custody as agreed by the Maternal Grandmother and Mother. 4. This Order is entered pursuant to an agreement of the parties at 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. THE CO cc: omas J. Williams, Counsel for Maternal Grandmother ./Amy Patterson, pro se 505 B Street Carlisle, PA 17013 (26p,;?-s rylgt?L J. ' 111,110 ZS-.0114V U NIA'(' 6000 Atd1Vi'r?.1.:1? ]Hi jv 301 ?'?-I--OT1-4 I T ROBIN G. STOUFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7259 CIVIL ACTION - LAW AMY PATTERSON and JAMES : H. PATTERSON, JR., : IN CUSTODY Defendants PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Donavin James Patterson DATE OF BIRTH CURRENTLY IN CUSTODY OF March 26, 2007 Maternal Grandmother 2. A Conciliation Conference was held in this matter on January 20, 2009 with the following in attendance: The Maternal Grandmother, Robin G. Stouffer, with her counsel, Thomas J. Williams, Esquire and Mother, Amy Patterson, pro se. Maternal Grandfather, James H. Patterson, Jr., was not present. Service of notice was attempted, however, he had changed his address without notifying any other party. 3. The parties who were present at the conference agreed to an Order in the form as attached. ate 'Jac line M. Verney, Esquire Custody Conciliator ROBIN G. STOUFFER PLAINTIFF V. AMY PATTERSON AND JAMES H. PATTERSON, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-7259 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 07, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 03, 2011 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es Custody Conciliator yp-- 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 sche duled 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 OFFIC12 SEW -` FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP - . ?m ? Cumberland County Bar Association M rte .: } al *7111 H t 32 South Bedford Street Carlisle, Pennsylvania 17013 <CD CD ? Telephone (717) 249-3166 ?'' a ROBIN G. STOUFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. V/: NO. 2008-7259 CIVIL ACTION - LAW AMY PATTERSON and JAMES H.,: PATTERSON, JR., : IN CUSTODY Defendants . PRIOR JUDGE: Edward E. Guido, J. JAMES PATTERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLIVAIN V. : NO. 2010-07565 AMY PATTERSON, : IN CUSTODY Defendant PRIOR JUDGE: Albert H. Masland, J. ORDER OF COURT AND NOW, this '! day of 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The above dockets are hereby consolidated. 2. The prior Orders of Court dated January 23, 2009 and December 14, 2010 are hereby vacated. 3. The maternal grandmother, Robin G. Stouffer, the maternal grandfather, James Patterson, and the Mother, Amy Patterson, shall have shared legal custody of Donovan James Patterson, born March 26, 2007 and Jamie Elizabeth Patterson, born October 9, 2009. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parry shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Maternal grandmother and maternal grandfather shall have shared physical custody of the children on a week on/week off basis. The exchange day and time shall be Sunday at 5:00 p.m. Maternal grandmother shall have the first week. The parties shall exchange custody at Peter's Orchard. During grandfather's week of physical custody he shall insure that Donovan will be transported to Head Start. 5. Mother shall have periods of partial physical custody as agreed by the respective parties. 6. This Order is entered pursuant to an agreement of the parties at 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. Another Conciliation Conference is scheduled for Wednesday, May 4, 2011 at 8:30 a.m. BY THE COURT, rl-? ?o5,? L4?? cc: Thomas J. Williams, Esquire, Counsel for maternal Grandmother Sean M. Shultz, Esquire, Counsel for maternal Grandfather ' Amy Patterson, pro se Q-l ' C/O James Patterson 7 Mobile Drive CDP . Thomasville, PA 17364-9741 3l //I 13VS ROBIN G. STOUFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7259 CIVIL ACTION - LAW AMY PATTERSON and JAMES H.,: PATTERSON, JR., : IN CUSTODY Defendants PRIOR JUDGE: Edward E. Guido, J. JAMES PATTERSON, Plaintiff V. AMY PATTERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-07565 : IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Donovan James Patterson March 26, 2007 Maternal Grandmother Jamie Elizabeth Patterson October 9, 2009 Maternal Grandfather 2. A Conciliation Conference was held in this matter on March 3, 2011, with the following in attendance: The maternal grandmother, Robin G. Stouffer, with her counsel, Thomas J. Williams, Esquire, the maternal grandfather, James Patterson, with his counsel, Sean M. Shultz, Esquire and the Mother, Amy Patterson, pro se. 3. The Honorable Edward E. Guido previously entered an Order of Court regarding Donovan dated January 23, 2009 providing for maternal grandmother to have sole legal custody and primary physical custody with mother having periods of partial physical custody as agreed. 4. The Honorable Albert H. Masland previously entered an Order of Court dated December 14, 2010 regarding Jamie dated December 14, 2010 providing for Mother and maternal grandfather to have shared legal custody, maternal grandfather having primary physical custody with mother having periods of partial physical custody as agreed. 5. The parties agreed to an Order in the form as attached. Date: 3- 3-0 acq ine M. Verney, Esquire Custody Conciliator ROBIN G. STOUFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7259 CIVIL ACTION 4A W r AMY PATTERSON and JAMES H. : , PATTERSON, JR., : IN CUSTODY zr M- Defendants -<? _ PRIOR JUDGE: Edward E. Guido J. 3= , JAMES PATTERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-07565 AMY PATTERSON, : IN CUSTODY Defendant PRIOR JUDGE: Albert H. Masland, J. ORDER OF COURT AND NOW, this 4th day of May, 2011, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq line M. Verney, Esquire, stody Conciliator