Loading...
HomeMy WebLinkAbout10-2499JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com nn ri' ti ? J ? ? ? G e,4Q 1?.? ??'?1 `` "Vl t,?Ll I;r' ------------------------------------------------------- SHIRLEY PORTER, IN THE COURT OF COMMON PLEAS STEWART PORTER, JR., CUMBERLAND COUNTY, PENNSYLVANIA and STEWART PORTER, III, Plaintiffs : vs. ANNE C. PORTER, CUSTODY COMPLAINT Civil Term 1. Plaintiffs are Shirley Porter, Stewart Porter, Jr., and Stewart Porter, III. Stewart Porter, III, natural father of the children, (Hereinafter "Father"), lives at 1177 Easy Road, Carlisle, Pa. 17015. Shirley Porter and Stewart Porter, Jr. (Hereinafter "Grandparents"), are the natural grandparents of the children who are the subject of this action, and currently live at 1177 Easy Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendant is Anne C. Porter, the natural mother of the children, (Hereinafter "Mother"), who currently lives at Lot 25, Pine Ridge Trailer Court, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiffs seek a custody Order regarding the following children: NAME DOB/AGE ADDRESS Erik M. Porter 7/18/03(6) Lot 25, Pine Ridge Trailer Court Carlisle, Pa. 17013 Alex J. Porter 8/17/2004 (5) Lot 25, Pine Ridge Trailer Court Carlisle, Pa. 17013 The Mother and Father of the children were married in 2003 and separated in 2005. The final Decree of divorce was entered on June 21, 2006, under Docket No. 2005 - 3665 Civil Term, in Cumberland County, and Order regarding custody was entered under that number. However, grandparents were not included in that Order. 41'19 . oo Ph A7 -Y C& S53 L#- aqe6,AQ No. {b ` 2'4CJ \ IN CUSTODY Defendant During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Anne C. Porter Lot 25, Pine Ridge Trailer Court July 2005 - present Carlisle, Pa. 17013 Anne C. Porter Lot 25, Pine Ridge Trailer Court 2002 - July 2005 Stewart Porter, III Carlisle, Pa. 17013 The mother of the children is Anne C. Porter. She currently resides with the children and her friend, Kenny Hockenberry age 28. She is not married, and was divorced from Father on June 21, 2006. The father of the children is Stewart Porter, III. He lives at 1177 Easy Road, Carlisle, Pa., 17013 with his parents. He is not married, and was divorced from Mother on June 21, 2006. 4. The relationship of plaintiff to the children is that of Father and paternal Grandparents. Father and Grandparents live at 1177 Easy Road, Carlisle, Pa. 17015. 5. The relationship of defendant to the children is that of Mother. The defendant currently lives with the children and her friend. 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 other than as indicated herein. 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: For the past several years Father has been living in paternal grandparents home and has had periods of custody with the children in grandparents home During the summer of 2009, the children stayed there primarily with rand arents and father. From September 2009 to March 2010, the children came to grandparents' home every weekend from Friday through Sunday evening At the beginning of March 2010, Father went to jail He was released on April 9 2010. He is currently on probation. After Father went to jail Grandparents asked Mother if the children could resume the re ular schedule in their home as the have had substantial contact with the children over the past couple of ears the dear) love the children and wish to continue spending time with them. Mother denied grandparents' request for a visit with the children Mother may have denied such visits because she incorrectly believes Grandparents made negative statements about her parenting to third parties. Such belief is not true and grandparents wish to resume their prior visitation and go back to having a good relationship with their daughter-in-law. Grandparents are seeking reasonable partial. custody or visitation rights. This request would be in the best interest of the children as the grandparents have had regular and consistent contact with the children during the past several ears and such a reasonable request would not interfere with either parent child relationship Grandparents are requesting that their periods of visitation or partial custody be confirmed in an Order, as there are concerns that if Father returns to ail their regular contact with the children will be denied. This request would be in the best interest of the children. 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: ??z n Adams, Esquire I.D No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFFS 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. Date: L. -9- 16 Date: \ R. & ? ? Stewart Porter, Jr., Plaintiff ??k Shirley P er, Plaintiff Date: 6 l Stewart Porter, III, Plaintiff SAIDIS, '', FTAWER Sz ', LINDSAY 26 West High Street Carlisle, PA MAY 13 2010 SHIRLEY PORTER, STEWART PORTER, JR. and STEWART PORTER, III, Plaintiff v. ANNE C. PORTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-2499 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this l day of ~~ ? ~~ , 2010, upon consideration of the within Petition, and in consideration of the fact that the matter docketed at 2005-3665 and 2010- 2499 concern custody of the same children, Eric M. Porter, born July 18, 2003, and Alex J. Porter, born August 17, 2004, is hereby ordered and directed that these two cases be joined and that the Petition for Modification filed to docket 2005-3665 be sent to conciliation on May 18, 2010 at 8:30 AM, the time and place set for the conciliation on the case docketed to 2010-2449 Co ~•FS „~.at ~L R J • ~.n.S J . Vfu,~Y 51~3/~a ~~1 BY THE COURT, n ~ ~ G.a ~ J '-i 7 ti „~ .y lj.! n-~ ~, ~ ~ ~ e` m ~ , p .. ~ ~~~:: r• ~~i ~~ ~i +.. ~ ~ ,.