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HomeMy WebLinkAbout09-3611NOAH E. SOWERS : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHEILA A. HAMPTEN : NO. 09- 34 1? CIVIL TERM Defendant. : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Noah Sowers, by and through his attorney, Mark F. Bayley, and presents the within complaint for custody, representing as follows: 1. The Plaintiff, Noah E. Sowers, is an adult individual residing at 36 Mill St., Lot 4, Mt. Holly, Pennsylvania 17065. 2. The Defendant, Sheila A. Hampten, is an adult individual whose address is unknown. 3. Plaintiff seeks custody of the following child: Name Present Residence Age D/O/B Ryan Sowers 36 Mill St., Lot 4 9 12/24/1999 Mt. Holly Spings, PA 4. The child was born out of wedlock. 5. The relationship of the Plaintiff to the child is that of natural Father. The Plaintiff currently resides with the above child. He is not married. 6. The relationship of the Defendant to the child is that of natural Mother. She is not married. 7. During the past five years, the children have resided with: Name Address Date Noah Sowers 36 Mill St., Lot 4 Birth-present Mt. Holly, PA 17065 8. The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth or any other state. 10. Plaintiff does not know of a person nor a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. The best interests and permanent welfare of the child require Plaintiff to have primary physical custody and for Defendant to have contact at times that serve the best interests of the child which may be agreed upon between the parties or otherwise be determined by the Court. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference. U Date: Respectfully submitted, BAYLEY & MANGAr Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff NOAH E. SOWERS : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHEILA A. HAMPTEN : NO. 09- CIVIL TERM Defendant. : IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Noah Sowers, Plaintiff Tt`!,: ? r C. • a i ? . ck a3Sly .2 2 4 0 '7'7 NOAH E. SOWERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-3611 CIVIL ACTION LAW SHEILA A. HAMPTEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, June 08, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esgh , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 16, 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 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/ Hubert X. Gilroy, Es q. 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 FILED-OF ICE OF THE P-7ToTpCNK0TAPY 2009 JUN 10 AM 11-' 2 3 CUMB . J??\. tIN[rye ,i JUN-26-20nVWEN C 1 NCiAH E. SOWERS. Plaintiff VS. SHEII.A A. HAMPTEN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-3611 CIVIL ACTION : IN CUSTODY U AT.0 I, As indicated by signatures of counsel for the parties below the parties have agreed to the entry of the following order: AND NOW, this aq- _ day of 2009, upon stipulation by the parties and pending conciliation currently scheduled for July 24, 2009, the following temporary order is hereby entered: 1) The parties shall share legal custody of Ryan Sowers, born December 24, 1999, pursuant to statute. 2) The parties shall exchange physical custody every forty-eight hours. Mother shall start the cycle on Wednesday, June 24, 2009 at 5:00 p.m. RespecrfulI matted, Mark F. $ayle , -quire 17 West South Street Carlisle, PA 17013 4,,touth D. Coover, Esquire Hanover Street Carlisle, PA 17013 2001-04-14 20:21 BAYLEY & MANGAN Page 2 FILED-ORICE OF " PRt?T"OTARY 2099 JUN 29 PM 2! 14 PENNSYLVANN u p 2099 NOAH E. SOWERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2009-3611 CIVIL ACTION SHEILA A. HAMPTEN, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this ? day of?'e-, 2009, upon stipulation by the parties and pending conciliation currently scheduled for July 24, 2009, the following temporary order is hereby entered: 1) The parties shall share legal custody of Ryan Sowers, born December 24, 1999, pursuant to statute. 2) The parties shall exchange physical custody every forty-eight hours. Mother shall start the cycle on Wednesday, June 9 t 5:00 m. J. "ark F. Bayley, Esquire JSheri Coover, Esquire P OF THE 2009 JUL -1 Ail 11: 10 CUWD NOAH E. SOWERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, (- ? PENNSYLVANIA ` nCa _ v. xrn M 2E ° -,- CASE NO. 2009-3611 oo rn ?° SHEILA A. HAMPTEN ° =_ T , , Defendant . IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, this day of December, 2010, comes Defendant/Petitioner Sheila A. Hampten, by and through her attorney, Sheri D. Coover, Esquire and files the following PETITION TO MODIFY CUSTODY and in support thereof avers as follows: 1. The Defendant/Petitioner is Sheila A. Hampten, an adult individual residing at 336 N. Baltimore Avenue, Mt. Holly Springs, PA 17065. 2. The Plaintiff/Respondent is Noah E. Sowers, an adult individual residing at 36 Mill Street, Lot 4, Mt. Holly Springs, PA 17065. 3. A custody Order dated June 30, 2009 was entered in the above-captioned case as a result of a stipulation entered into between the parties whereby the parties share legal custody of Ryan Sowers (DOB 12/24/1999) and alternate physical custody of the child every forty-eight hours (a true and correct copy of the June 30, 2009 Order is hereby attached to this Petition). 4. Defendant seeks to modify the current custody order to grant her primary physical custody and grant her permission to relocate to the Mechanicsburg area. P70- dd 15 !5- S. Defendant seeks to move to Mechanicsburg which is closer to her place of employment and will decrease the amount of money that she spends toward her commute to work. 6. Defendant recently became engaged and is planning to move into an apartment with her new fiancee' which will decrease the bills and financial strain on her that she has due to having to pay for all of her bills at the residence she currently maintains herself. 7. Defendant believes and avers that the living situation in Mechanicsburg will benefit Ryan because her and her fiancee will be able to provide a stable home for Ryan. 8. Defendant has a sister who lives in the Mechanicsburg area who would assist in watching Ryan or provide him with rides if the necessity arose. 9. Defendant has concerns about the living conditions at Plaintiff's home and fears for Ryan's health and safety during the times that he is in Plaintiff's custody. 10. Defendant has concerns about the people who the Plaintiff has around the children while they are in Plaintiff's custody. The child has reported to the Defendant that Plaintiffs friends constantly make derogatory statements about women and refer to them as "sluts" and "whores" in Ryan's presence. 11. The best interest and permanent welfare of the minor child will be served by granting her primary physical custody and permitting Mother/Defendant to relocate with the child to Mechanicsburg, Pennsylvania, which will improve the children's standard of living and will allow the child to be closer to his maternal aunt. WHEREFORE, Defendant respectfully requests that this Honorable Court grant her Petition and modify the existing Custody Order to grant her primary physical custody of the minor child and permit her to relocate with the child to Mechanicsburg, Pennsylvania. Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 anen u. toover, tsquire NOAH E. SOWERS, Plaintiff V. SHEILA A. HAMPTEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2009-3611 IN CUSTODY VERIFICATION I, Sheila Hampten, have reviewed the foregoing PETITION TO MODIFY CUSTODY and hereby verify that all of the facts contained therein are true and correct to the best of my knowledge information and belief. I understand that there are penalties of perjury under Pennsylvania law and federal law, both civilly and criminally for any false statements contained therein. Sheila Hampten 12-?-Z01 D Date NOAH E. SOWERS, Plaintiff V. SHEILA A. HAMPTEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CASE NO. 2009-3611 IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this e,r i day of December, 2010, 1 caused the foregoing MOTION TO MODIFY CUSTODY to be served upon counsel for the Plaintiff/Respondent via United States first class mail addressed as follows: Mark Bayley, Esquire 17 W. South Street Carlisle, PA 17013 Ily submitted, Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 2099 ? NOAH E. SOWERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA, vs. : No. 2009-3611 CIVIL ACTION SHEILA A. HAMPTEN, : IN CUSTODY Defendant AND NOW, this day of IQ "-y-C , 2009, upon stipulation by the parties and pending conciliation currently scheduled for July 24, 2009, the following temporary order is hereby entered: 1) The parties shall share legal custody of Ryan Sowers, born December 24, 1999, pursuant to statute. 2) The parties shall exchange physical custody every forty-eight hours. Mother shall start the cycle on Wednesday, June at 5:00 m. J. ? Mark F. Bayley, Esquire Sheri Coover, Esquire NOAH E. SOWERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. C-) 2009-3611 CIVIL ACTION LAW C_- 71:K r i cz) - r -n SHEILA A. HAMPTEN . ? m :° IN CUSTODY < r1 r t-- ? DEFENDAN T r--= o ? -ap cCD p TIC ?` ' ? C)m ORDER OF COURT • AND NOW, Friday, December 10, 2010 , upon consideration of the attached Com plaint, 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, January 20, 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/ Hubert X. G.Uro Es q. jAA Custody Conciliator 101 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. i.1_10 .a010 d9L a?j 14 1& Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 NOAH E. SOWERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY = = -? , : PENNSYLVANIA '?=- : n r a . CASE NO. 2009-3611 -n SHEILA A. HAMPTEN, Defendant IN CUSTODY MOTION TO WITHDRAW PETITION TO MODIFY CIJSTO,pY AND NOW, comes Defendant/Petitioner Sheila A. Hampten, by and through her counsel, Sheri D. Coover, Esquire and files the following MOTION TO WITHDRAW PETITION TO MODIFY CUSTODY and in support thereof avers as follows: 1. On December 8, 2011, Defendant/Petitioner caused to be filed a PETITION TO MODIFY CUSTODY in the above-mentioned case. 2. In that PETITION, Defendant/Petitioner sought to modify a custody Order concerning RYAN SOWERS dated June 30, 2009 on the basis that Defendant/Petitioner sought to move to the Mechanicsburg area and she had concerns about the care and safety of the Ryan while he was in his father's custody. 3. Since the time of the filing of the PETITION, the concerns that the Defendant/Respondent has regarding the care and safety during Plaintiff/Respondent's periods of custody has been satisfied. Further, Defendant/Petitioner has found alternative housing in the same area and has decided to move their instead of Mechanicsburg. 4. Since the issues and/or concerns for which she filed the PETITION TO MODIFY CUSTODY have been satisfied, Defendant/Petitioner has decided to withdraw her PETITION TO MODIFY CUSTODY and would like to cancel the custody conciliation conference that is currently scheduled with Hubert Gilroy, Esquire on January 20, 2011 at 10:30 a.m. 5. Undersigned counsel has spoken to Attorney Mark Bayley, Esquire, counsel for the Plaintiff/Respondent. He has not had an opportunity to speak to his client about this matter and does not have a position on the withdraw of this motion. 6. This matter has previously been assigned to the Honorable Judge Guido. WHEREFORE, Defendant/Respondent respectfully requests to WITHDRAW the PETITION TO MODIFY CUSTODY that she filed in the aforementioned case. Respectfully submitted, fi ,?heri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 NOAH E. SOWERS, Plaintiff V. SHEILA A. HAMPTEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2009-3611 IN CUSTODY ATTORNEY VERIFICATION I, Sheri D. Coover, Esquire hereby verify that I reviewed the foregoing facts with my client, Sheila Hampten, and she has verified to me that these facts are true and correct to the best of her knowledge, information and belief. I have made my client aware that she can be subject to the penalties of perjury for any false statements contained herein both civilly and criminally under Pennsylvania and federal law. Respectfully submitted, Jeri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 NOAH E. SOWERS, Plaintiff V. SHEILA A. HAMPTEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2009-3611 IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that I served a copy of this MOTION upon Plaintiffs counsel via United States first class mail addressed as follows: Mark F. Bayley, Esquire 17 W. South Street Carlisle, PA 17013 submitted, ?fieri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 v t NOAH E. SOWERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. CASE NO. 2009-3611 o SHEILA A. HAMPTEN, c CO - --j Defendant IN CUSTODY M xr" A :;r N rn ? <3> o ORDER _ Cc=> AND NOW this ;!?day of 2011, after consideration of Defendant/Petitioner's MOTION TO ITHDRAW PETITION TO MODIFY CUSTODY, it is hereby Ordered that the motion is GRANTED and the Defendant's Petition to Modify Custody is hereby WITHDRAWN. i. 000 Distribution List: ? Mark F. Bayley, Esquire (Attorney for Plaintiff) 17 W. South Street, Carlisle, PA 17013 J Sheri D. Coover, Esquire (Attorney for Defendant) 44 S. Hanover Street, Carlisle, PA 17013 NOAH E. SOWERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW SHEILA A. HAMPTEN, NO. 2009-3611 3 c:) --i Defendant IN CUSTODY mrn rn -"-.. r ° ?• =L7 : c:>-n ORDER =? ?r AND NOW, this day of January, 2011, the Conciliator being a?vised the Defendant has withdrawn the Petition to Modify and that a Conciliation Conference is no longer needed, the Conciliator relinquishes jurisdiction. Hubert X. Gil y, Esquire Custody Co ciliator