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Home My WebLink About05-1591 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA c9 <'fS'<j/ : NO, CIVIL TERM JAMES FRANK CHAMBERS, JR and MARY I. CHAMBERS Plaintiffs STEPHEN CRAIG HODGES And TERRY A. HODGES Defendants : IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiffs, paternal grandparents, are James Frank Chambers, Jr and Mary I. Chambers, residing at 14 Shady Road, Camp Hill, Cumberland County, Pennsylvania. 2. The defendants, parents, are Stephen Craig Hodges and Terry A. Hodges, residing at 114 South 2nd Street, Wormleysburg, Cumberland County, Pennsylvania. Stephen C. Hodges Heather N. Hodges 3, Plaintiffs seek custody of the following children: Name Present Residence Erica D. Hodges 114 South 2nd Street, Wormleysburg, PA (Same as above) (Same as above) AQe 16 14 14 The children were not born out of wedlock, The children are legally in the custody of the parents, During the past five years, the children have resided with the parents at the above address, but have spent significant time with the grandparents, up to 50% of the time lately. 4. The plaintiffs currently reside with the following person: Name Relationshio Colin D. Hodges Maternal Uncle to the children 5, The defendants currently reside with the following persons: Name Relationshio The three above children 6. Plaintiffs have 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. Plaintiffs have no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiffs do 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: a) Plaintiffs can provide the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; b) Plaintiffs are willing to accept custody of the children; c) Plaintiffs continue to exercise parental duties and enjoy the love and affection 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 have been named as parties to this action, All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE Wherefore, plaintiffs request the court to grant custody of the children. ire ---... . " I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS ~4904 relating to unsworn falsification to authorities, ~ , ------/ / j. J {,.-'(l/'1//'/ ('-(J.;J!/~// L James Frank Chambers. Jr. / , i "/kZ ljL-l(::t~ ~:>'i / I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS ~4904 relating to unsworn falsification to authorities. '-~]-_? \ /","'-V I ~ /,.-, ,LL-.- ,;,-( J. X'-( f/ L (;:'[ Mary I. Chan:lbers L ''L. L- ' ~ ~ ..JF:::::> () ~ ~ '-. - v\ -- ~ ~ <;:, y w }.I V }-> \ "'\ ~ Q of' -;Jl:. ~ ?:l 1" J;" C t:: ~;; .L -0 ::~ F:? :r:- ..J Q. ..... ?f.~ -d'~' .....,) ;~~ :> ::r..~A i:26 .;>(,'\ '2~ ~b :.<: ~ ~- JAMES FRANK CHAMBER, JR. AND MARY I. CHAMBERS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANI V. 05-1591 CIVIL ACTION LAW STEPHEN CRAIG HODGES AND TERRY A. HODGES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesd~!"larch }~,..2005 ,upon consideration ofth~ attached omplaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland CountyJ::ourthouse, C'!!'!is~ on Tuesday, April 26,2005 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resol~e the issu s in dispute; or if this cannot be accomplished, to define and nanow the issues to be heard by the court, andi to entcr i to a temporary order. All children age five or older may also be present althe conference. Failure to appear at the co ference may provide grounds for entry of a temporary or permanent order. The court herehy directs the parties to furnish any and all existing Protection from Abus orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to schedulll<l hearing FOR THE COURT. By: /s/ {acqueline M. lTernev, Esq. Custody Conciliator JIV The Court of Common Pleas of Cumberland County is required by law to cqmply with the Americans with Disabilites Act of 1990. For infomlation about accessible facilities and reasonable accom odations available to disabled individuals having business before the court, please contact our dftice. All rrangemems must be made at least 72 hours prior to any hearing or business before the court. Y au must alten the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU 0 NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF I 'E 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 - rt 47f'l1 If;:? ~. ~ ~ So- (~I ~ ~ ~w ;"?9.Pj-{, 517 (7[' C ~ P 7 ~~' ~/rj{7 -p?) .50 '')F[' I: .(" ,r' '>' ,.j ('Jr" V'-'ll ~nq7 u..... l~'h :JU1..,"l.. :!() o JAMES FRANK CHAMBER, Jr. and MARY I. CHAMBERS, Plaintiffs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-1591 CIVIL TERM STEPHEN CRAIG HODGES and: IN CUSTODY TERRY A. HODGES, Defendants PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendants, Stephen Craig Hodges and Terry A. Hodges, in the above captioned case. Respectfully submitted, f/C...~~ . // / .//., - ~.-.--,,~.~..,., ,/ Jessic iamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Date: 0(, \ '5 . \.J.;:' JAMES FRANK CHAMBER, Jr. and MARY I. CHAMBERS, Plaintiffs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1591 CIVIL TERM STEPHEN CRAIG HODGES and: IN CUSTODY TERRY A. HODGES, Defendants CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of Mid Penn Legal Services, attorney for the Defendants, Stephen Craig Hodges and Terry A. Hodges, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail. Postage Pre-Paid Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 MidPenn Legal Services, Inc. Date: ',,1, \'S' 0'; J;;<';V / //:>~?'~ Jessica D/amondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 '::-? ,_.~ <;~'," c./'t tT. o ""t, ;...j \"'"\-11'"::: --'-'~J f.~l ......~. -.: ~:\~ t;? .r:- C) RECEIVED APR 272005-',/ JAMES FRANK CHAMBERS, JR. and MARY I. CHAMBERS, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VI. : 2005-1591 CIVIL TERM STEPHEN CRAIG HODGES and TERRY A. HODGES, Defendants : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this z.,' day of p.,.~' J , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. Paternal Grandparents, James Frank Chambers, Jr. and Mary 1. Chambers and the Father, Stephen Craig Hodges and the Mother, Terry A, Hodges, shall have shared legal custody of Erica D. Hodges, born January 25, 1989, Stephen C. Hodges, born May 7, 1990 and Heather N. Hodges, born May 7,1990. 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. This means that all parties shall be entitled to all information from school and medical professionals. 2. Heather. Paternal Grandparents shall have primary physical custody of Erica and 3. Mother and Father shall have periods of partial physical custody of Erica and Heather as recommended by the girls' counselor. 4. Mother and Father shall have primary physical custody of Stephen. 5. Paternal Grandparents shall have periods of partial physical custody of Stephen as follows: A, Every Tuesday from after school to 7:00 p.m. B. Beginning April 30 from 10:00 a.m. to Sunday at 5:00 p.m. and alternating weekends thereafter from Friday after school to Sunday at 5 :00 p.m. C. Such other times as the parties agree \i!;\;V/\l..\Shl(',:':=:1d I 'N""" ",.. '-'."'."n..... 1\1. ! J~.)'! ~,.>",',., "--,:,.;, d SS : lHN 8Z HdV SOOl Ab'VI0\10H10dd 3Hl :!O 3J!:HG-0311::J 6. All of the children shall begin individual counseling by a counselor selected by the attorneys for the parties. The parties shall cooperate with the counseling. Family counseling shall begin when recommended by the counselor. 7. Parents shall undergo drug and alcohol evaluations and follow the recommendations of the evaluations. 8. agreed, Grandparents shall be responsible for all transportation unless otherwise 9. 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 June 14,2005 at 9:30 a.m, BY THE COURT, 7 4J.. J. c~ay D. Baird, Esquire, Counsel for paternal Grandparents ~ssica Diamondstone, Esquire, Mid Penn Legal Services, Counsel for parents JAMES FRANK CHAMBERS, JR. and MARY I. CHAMBERS, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-1591 CIVIL TERM STEPHEN CRAIG HODGES and TERRY A. HODGES, Defendants : CIVIL ACTION - LAW : IN CUSTODY 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: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Erica D. Hodges Heather N. Hodges Stephen C. Hodges January 25, 1989 May 7,1990 May 7,1990 paternal Grandparents paternal Grandparents parents 2. A Conciliation Conference was held in this matter on April 26, 2005, with the following individuals in attendance: paternal Grandparents, James Frank Chambers, Jr. and Mary 1. Chambers, with their counsel, Lindsay D. Baird, Esquire, and Mother, Terry A. Hodges and Father, Stephen Craig Hodges, with their counsel, Jessica Diamondstone, Esquire, Mid Penn Legal Services. 3. The parties agreed to the entry of an Order in the form as attached. Lj-J., ( -(,S~ Date ',~~~ ;it {L~,<, 0acq&eline M. Verney, Esquire J Custody Conciliator JAMES FRANK CHAMBERS, JR. & MARY 1. CHAMBERS, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA STEPHEN CRAIG HODGES & TERRY A. HODGES, Defendants CIVIL ACTION - LAW IN CUSTODY NO. 05 -1591 To the Prothonotary: PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of Terry A. Hodges, Defendant. /;?;- - ------...-; Date: 5.31.~, ~ -~- --- ).)~'(" UICAfY\mJoi<w. 15 Mid Penn Legal Services PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of the Family Law Clinic on behalf of Terry A. Hodges, Defendant in the above-captioned action. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, infonnation and belief. Date: '"')/~If05 A~~uJ&\ THO S . PLACE - ROB T E. RAINS ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 Phone:(717) 243-2968 Fax: (717) 243-3639 ~,-,~ "','j " ... . .~ i l~~.) r., - RECEIVED OCT 112005 J>6 JAMES FRANK CHAMBERS, JR. and MARY I. CHAMBERS, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-1591 CIVIL TERM STEPHEN CRAIG HODGES and TERRY A. HODGES, Defendants : CML ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 11th day of October, 2005, the Conciliator not hearing from the parties concerning the scheduling of another conference, the Custody Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Ih if ine M. Verney, Esquire, Custo Conciliator -..<\(t) OC; :Z IH Z I .l.JO SDGZ