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HomeMy WebLinkAbout09-1352 SAMANTHA STODGHILL, Plaintiff vs. DAVID STODGHILL, Defendant 2. David Stodghill, who currently lives at 2100 Valentine Street, Bronx, New 1. Plaintiff is Samantha Stodghill, who currently resides at 111 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, 17241. York. 3. Plaintiff is the Mother of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Alexis Stodghill 7/29/96 (12) 111 Big Spring Terrace, Newville, Pa. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0 , / 3 Civil Term IN CUSTODY CUSTODY COMPLAINT Justin Stodghill 2/13/98 (11) 111 Big Spring Terrace, Newville, Pa. Mother and Father were married on May 30, 1996 and were separated on June 1, 2007. Mother currently has physical custody of the children. During the past five years, the children has resided with the following persons and at the following addresses: NAME Samantha Stodghill ADDRESSES 111 Big Spring Terrace Newville, Pa. 17241 DATES June `08 - present Samantha Stodghill Samantha Stodghill David Stodghill 157 Big Spring Terrace Newville, Pa. 17241 July `07 - June `08 2210 Haigler Baucon Rd. 2004 - June `07 Monroe, NC 28110 The mother of the children is Samantha Stodghill. She currently resides at 111 Big Spring Terrace, Newville, Pennsylvania. She is married to David Stodghill. The father of the children is David Stodghill. He currently resides at 2100 Valentine Street, Bronx, NY. He is married to Samantha Stodghill. 4. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the children. 5. The relationship of defendant to the children is that of Father. The persons that the defendant lives with are unknown. 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 children 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 children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: The parties separated in June 2007 when mother left the marital home. Mother is seekin a custody order which would confirm that she has physical custody of the children and that they will remain with her. This important because in January 2008 Father came and took the children from school without notifying mother or asking for her consent. Father eventually returned the children to mother. This request is in the best interest of the children because it would rovide for the stabili and safet of the children. In addition on October 23, 1995, Father led guilty to Indecent Assault without Consent. Linder 18 3126 &S1 This is one of the enumerated sections under 23 Pa C S 5303 and must be considered before the court makes a custody order providing custody to that part 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the children. Respectfully submitted, Date.- 3/v?aq 4 fine Adams, Esquire ID. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. r Date: 3 3 Q Samantha Stodghill, Plaintiff 9 ?J ff\? 1M 'V t? vt I .c+ c'm ? . • F C n - co SAMANTHA STODGHILL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID STODGHILL DEFENDANT 2009-1352 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 10, 2009 , 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 Thursday, April 16, 2009 at 10:00 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/ ohn . Man an r. Es .. Custody Conciliator fil 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 ?enoya-?! ,/O o/ ?' ?pl7 r11?•?"?fi?:3 tNV t MAY 0 1 1009 o 0 Custody Conciliator SAMANTHA STODGHILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-1352 CIVIL ACTION LAW DAVID STODGHILL, IN CUSTODY Defendant ORDER OF COURT AND NOW this day of May 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: . 1. Legal Custody: The Father, David Stodghill, and the Mother, Samantha Stodghill, shall have shared legal custody of Alexis Stodghill, born 07/29/1996 and Justin Stodghill, born 02/13/1998. The parties shall have an equal right 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. §309, 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 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 Children subject to Father's physical custody as follows: a. Commencing Friday May 01, 2009, Father shall have physical custody of the Children from Friday 5:00 pm until Sunday 8:00 pm. Father shall have two weekends per month pursuant to this arrangement with one week's prior notice of his intended weekend. Father's periods of physical custody with the Children shall occur here in Cumberland County. However, Father may take the Children to locations of interest to the Children, such as Hershey Park, the Baltimore Aquarium or the D.C. Zoo, for day trips (no overnights out of this jurisdiction) upon the express written consent of Mother. b. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as mutually agreed. 5. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. Againb this Court directs that r V . IN the provisions of paragraph 2(b) applies. b. 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 to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use 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. 9. A status update conciliation conference is hereby scheduled with the assigned conciliator on May 28, 2009 at 8:30 am at the Court of Common Pleas, Fourth Floor, Carlisle, Pa 17013. Father's personal appearance is mandatory absent credible confirmed reasons otherwise. The Court takes specific note that Father was less than candid; i.e. he lied, regarding his "unavailability" on April 28, 2009 when in fact he was in this jurisdictionand attempted to remove them subject Children from school after the conciliation conference. 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. Distribution: n Adams, Esquire Stodghill, 255 West Pomfret Street, Carlisle, PA 17013 ohn J. Mangan, Esquire ,/ V ? n ? it UjQ [JJ?JJJL«' E ;' Cf?1 -IMC LL- CZ* N ?e . w SAMANTHA STODGHILL, Plaintiff V. DAVID STODGHILL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1352 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCIMATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF cim PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alexis Stodghill 07/29/1996 'Primary Mother Justin Stodghill 02/13/1998 Primary Mother 2. A Conciliation Conference was held with regard to this matter on April 281, 2009 with the following individuals in attendance: The Mother, Samantha Stodghill, with her counsel, Jane Adams, Esq. The Father, David Stodghill, pro se appeared via telephone 3. The undersigned specifically informs the Court that Father requested that he appear telephonically because he did not want to travel four hours from New Jersey to Carlisle, PA to personally appear for the conciliation conference. The Mother, her counsel and the undersigned personally appeared for the conference and the Father appeared telephonically. The Father indicated that he was still in New Jersey at the time of the conference. The parties did eventually come to an agreement regarding custody of the Children with a status update in about one month. However, approximately an hour after the conference concluded, the undersigned was contacted by law enforcement. The undersigned was informed by law enforcement that the Father was in fact not in New Jersey, but was in this jurisdiction and was allegedly attempting to get the subject Children out of school. The undersigned told law enforcement that the Father was not authorized to take the Children out of school and under no circumstances was the Father to remove the Children from this jurisdiction. Law enforcement then notified both Children's schools to inform them of the situation and that Father was not authorized to take the Children from school. The undersigned has severe concerns that Father may remove the Children from this jurisdiction without lawful consent. Since the conclusion of the conciliation, Mother is apparently willing to abide by the attached recommended Order, but she too has concerns Father may attempt to remove the Children from this jurisdiction. 4. The parties agreed to the entry of an Order in the form as attached. Date Jo J. Mq&gan, Esquire .? JUN 0 4 20096 SAMANTHA STODGHILL, Plaintiff V. DAVID STODGHILL, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1352 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this 10 ? day of June 2009, upon consideration of the Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody hereby scheduled on the J(d day of , 2009 at d a? pn number 2 in the Cumberland County Court o Common Pleas, Carlisle, PA 17012 testimony will be taken in regard to the physical custody for the subject Children. this hearing, the Mother shall be deemed to be the moving party and shall proceec testimony. Counsel for each party shall file with the Court and opposing counsel setting forth each party's position on custody, a list of witnesses who will be expo the hearing and a summary of the anticipated testimony of each witness. These N be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, David Stodghill, and the Mother, Samantha Stodghil shared legal custody of Alexis Stodghill, born 07/29/1996 and Justin Stodghill, be The parties shall have an equal right to make all major non-emergency decisions Children's general well-being including, but not limited to, all decisions regardin3 education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent sh all records and information pertaining to the Children including, but not limited tc religious or school records, the residence address of the Children and of the other extent one parent has possession of any such records or information, that parent sl share the same, or copies thereof, with the other parent within such reasonable tin records and information of reasonable use to the other parent. 4. Physical Custody: Mother shall have primary physical custody of the Children su physical custody as follows: a. Father shall have physical custody of the Children from Friday Sunday 8:00 pm two weekends per month with one week's pri( intended weekend. Father shall not remove the Children from without the express written consent of Mother. b. Father shall have additional periods of physical custody of the parties may agree. Custody Hearing is in Courtroom at which time For purposes of initially with i Memorandum rted to testify at emoranda shall shall have n 02/13/1998. :fecting the their health, 11 be entitled to medical, dental, parent. To the X11 be required to as to make the to Father's :00 pm until notice of his is jurisdiction as the 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as mutually agreed. 7. In the event the custodial parent should take the Children out of state, the cus odial parent shall notify the non-custodial parent within twenty-four hours of departure of the ' tended destination and a telephone number at which they can be reached. Again, thi Court directs that the provisions of paragraph 4(a) applies. 8. Neither party may say or do anything nor permit a third party to do or say an ng that may estrange the Children from the other party, or injure the opinion of the Childr n as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parti s to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or us controlled substances or consumelbe under the influence of alcoholic beverages to the po t of intoxication. The parties shall likewise assure, to the extent possible, that othe household members and/or house guests comply with this provision. 11. This Order is entered pursuant to a Custody Conciliation Conference. The the provisions of this Order by mutual consent. In the absence of mutual c this Order shall control. Distribution: ,-'fane Adams, Esquire ,/David Stodghill, 255 West Pomfret Street, Carlisle, PA 17013 _-John J. Mangan, Esquire lip i E s mb.t la'L may modify the terms of P.J. SAMANTHA STODGHILL, Plaintiff IN THE COURT OF COMN CUMBERLAND COUNTY, PLEAS OF NNNSYLVANIA V. DAVID STODGHILL, Defendant Prior Judge: Edgar B. Bayley, P.J. No. 09-1352 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF C PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report. 1. The pertinent information pertaining to the Children who are the subject of thi litigation is as follows: Name Date of Birth Currentl the Custody of Alexis Stodghill 07/29/1996 Pri ary Mother Justin Stodghill 02/13/1998 Priary Mother 2. A Conciliation Conference was held with regard to this matter on April 28, 20 9, an Order issued May 1, 2009 and a status conference was held May 28, 2009 with the f llowing individuals in attendance: The Mother, Samantha Stodghill, with her counsel, Jane Adams, Esq. The Father, David Stodghill, pro se 3. Mother's position on custody is as follows: Mother desires to retain primary c stody of the Children and indicates that she is agreeable for Father to have two weekends p r month. Mother believes that she is better able to care for the Children and has concern about Father's overall ability to care for the Children. Mother has concerns about Father sho ng up at her residence unannounced to see the Children and has concerns about Father sho ng up at the Children's schools. Mother has concerns that Father may attempt to remove th Children without her consent. There have been several incidents that have involved law enforcement. Mother has further indicated that she is willing to explore the possibility of eng ging in some form of family counseling. 4. Father's position on custody is as follows: Father indicates that he would be better able to care for the Children and has concerns about Mother's ability to care for the Childre . Father indicates that the Children desire to reside with him and do not want to live wi Mother. Father indicates that he loves his Children and wants to spend more time with t em. Father is willing to participate in family counseling if feasible. Father requests that the ourt directly inquire to the Children their respective desires regarding physical custody prefe ence. 5. The Conciliator recommends an Order in the form as attached scheduling a He ng and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will req 're one half day. J 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. L Date FILED-OFFICE OF THE PROTHONOTARY 2009 JUN 10 P.11 3: 5 7