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Home My WebLink About05-4389 DAVID M. STOLTZFUS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- '/3"i1 CNIL ACTION - LAW ~~ JAMIE L. STOLTZFUS, Defendant CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY I. Plaintiff is David M. Stoltzfus an adult individual currently residing at 65 Gardner Lane, Newburg, Cumberland County, Pennsylvania 2. Defendant is Jamie L. Stoltzfus, an adult individual currently residing at 56 Bee Jay Lane, Hanover, Pennsylvania. 3, Plaintiff seeks custody of the child, Kelynne E. Stoltzfus, who was born on August 28,2003. 4. The child was not born out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Date Location Relationship Birth until 8/4/05 65 Gardner Lane, Newburg, P A Parties 8/4/05 to Present 56 Bee Jay Lane, Hanover, P A Mother 5. The relationship of the Plaintiff to the child is that of father. He is married and living separately. The Plaintiff currently resides with the following: Name Relationship N/A 6. The relationship of the Defendant to the child is that of Mother. She is married and living separately. The Defendant currently resides with the following: Name Relationship Kelynne E. Stoltzfus Kathy Marshall Daughter Mother 7. The parties have not participated in previous litigation concerning the custody of Kelynne in this court or any court. 8. ThePlaintiffhas no information of a custody proceeding concemingKelynnepending in any other court. 9. Plaintiff is requesting primary physical custody ofKelynne and is asking emergency custody because he fears for Kelynne's welfare and Defendant is a known abuser of crack cocaine, heroin, Morphine and Percocet which she obtains illegally, and she has been seen in and around areas of high drug trafficking in the Hanover area with known drug dealers. 10. Defendant has moved to Hanover, Peunsylvania, and is not employed or recently employed in Maryland, but has no way to support Kelynne. II. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to Kelynne. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTS ON DEARDORFF WILLIAMS & OTTO By J ennife L. pears, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs Date: August 25, 2005 VERIFICATION The foregoing Complaint to Confirm 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 ofthe 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. E~ ,aVf' L-JJ David Stoltzfus . f ~ ~l'\ 1:k; "-.. ....... - ---- -- "'\ ()\ ~ ~ 0 .....l ..... ~ --.l () i" (') ~~; ...., = c.;:} ,-", "'" c:: C) o --n -t -r:..,., h1p ~:~X ---j"'j \.--T' (~..J ::-<; ;::i'n L) ~~ ").J '< ~,) 01 -::_~J .....;.\.. w "-' ..,.. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- r:3 ~ <1 c......;:....j ~ CNIL ACTION - LAW DAVID M. STOLTZFUS, Plaintiff/Petitioner JAMIE L. STOLTZFUS, Defendant/Respondent IN CUSTODY PETITION FOR SPECIAL RELIEF (EMERGENCY CUSTODY) 1. Petitioner is David M. Stoltzfus (hereinafter, "Father"), an adult individual currently residing at 65 Gardner Lane, Newburg, Cumberland County, Pennsylvania 2. Respondent is Jamie L. Stoltzfus (hereinafter, "Mother"), an adult individual currently residing at 56 Bee Jay Lane, Hanover, Pennsylvania. 3. Petitioner and Respondent are the parents of one minor child, Kelynne E. Stoltzfus, who was born on August 28, 2003. 4. Father has simultaneously filed a Custody Complaint with this Petition in the Cumberland County Court of Common Pleas, a copy of said Custody Complaint is attached hereto as Exhibit "A". 5. Father seeks primary physical and legal custody of Kelynne Stoltzfus, who will be 2 years old on August 28, 2005, and is currently believed to be living with Mother and her mother, Kathy Marshall. 6. Mother took the child from Father when she left the marital residence on or about August 4, 2005. 7. Father believes, and therefore avers, that it is in the child's best interest to reside with him. 8. Mother has unilaterally interfered with Father's relationship with Kelynne by removing her from the home. 9. The best interest and permanent welfare ofKelynne will be served by granting the relief requested because: a. Mother has absconded with Kelynne. 1. On or about August 4, 2005, Mother left the marital residence with Kelynne and Kelynne's possessions. b. Father is Kelynne's primary caretaker. \. It is Father's position that he is the better caretaker and custodian of Kelynne. Mother is unstable and has a history of drug abuse. Mother has not successfully raised her older child, who she does not have custody of, and who she abandoned when the child was approximately l8 months old. H. Father has a steady and stable job, and reliable and trustworthy childcare lined up for Kelynne. Father can better attend to the child's needs as Mother is often high on prescription narcotic drugs which she abuses and obtains illegally, as well as street drugs such as heroin and crack cocame. c. Mother's history of drug abuse. \. Mother is a known drug abuser who is unable to keep away from drugs. Mother has been abusing such prescription medication as Percocet and Morphine, which she obtains illegally, or does not take the medication as prescribed and takes large quantities at a time in order to become intoxicated. H. Mother has been seen in areas near where she is residing which are known to be high drug trafficking areas, specifically in and around Pine Grove Road in Hanover. H\. Mother has been seen cavorting with known drug dealers and abusers at her home and in the area of her home when Kelynne is there. IV. It is believed that Mother is leaving Kelynne at times with her stepmother, Deb (last name unknown), in Littlestown, Pennsylvania, who is known to Father as a Morphine abuser. Father has seen pain medication and other drugs all over Deb's home when he has been inside. v. While living with Father, Mother often laid around in bed until 6:00 p.m. everyday when Father came home and made her get out of bed. Father believes Mother may still be on heroin and other narcotic drugs. Mother abandoned the child she had approximately 5 or 6 years ago when the child was 18 months old after leaving the child with a babysitter. Mother never went back to get the child. Since Mother married Father in February of 2002, Father believes Mother has only seen the child approximately 4 times. Mother does not have custody or visitation rights to the child that Father is aware of VllL Father fears and therefore avers that Mother's history of drug VI. VB. abuse and abandonment of her first child will lead to her either abandoning Kelynne, neglecting Kelynne, or worse because of her drug use. 10. Father asks for Kelynne's immediate return and requests that Mother attend a drug and alcohol assessment program before having any unsupervised visitation with Kelynne. II. Fatherrespectfullyrequests that pending any Court proceeding, this Honorable Court enter the following Order: a. Mother must immediately return Kelynne Stoltzfus to Father at 65 Gardner Lane, Newburg, Pennsylvania; b. Father shall have sole legal and physical custody of Kelynne pending a conciliation conference; c. Mother shall not be permitted to remove the child from the marital residence or the custody of Father or Kelynne's childcare provider chosen and employed by Father. WHEREFORE, Petitioner prays Your Honorable Court to schedule an emergency hearing for the relief requested in this matter and enter an Interim Order as requested. Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO Date: August 25, 2005 By J e if' L. pears, Esquire Ten East High Street Carlisle, PA l7013 (717) 243-3341 Attorneys for Plaintiffs ~ f'\ ....... G' -J -.() o . """"b ~ ~ ~ ~ \ ~ \ W "- -..J (J r--' co> ~i:;; ."... c;. c;') r-.' c'.Jl ,. -u o "'n ...., :::'C-4 n'l~; -r"ll"\~ "_l'l~:J ~Z!(? r":\:\; ~c',. ( ) ~'~-) {(I :::-~ )) ~-<. ,~ rv -' DAVID M. STOLTZFUS, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JAMIE L. STOLTZFUS, Defendant NO. 05-4389 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of August, 2005, upon consideration of Plaintiffs Petition for Special Relief (Emergency Custody), a hearing is scheduled for Thursday, October 13, 2005, at 3:15 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. Jennifer L. Spears, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff Jamie L. Stoltzfus 56 Bee Jay Lane Hanover, P A 17331 Defendant, pro se ~_I /)yytA..&.1.... ii- J%l (+. :rc I P,I'-'.' /\,'J '~: !' <";:'irI0 91 :8 OS 8il'l' SiJOZ "tlVlC:,c)i.:t<kd 3Hl.:lO 38H:1()~03l':l DAVID M. STOLTZFUS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4389 CIVIL ACTION LAW JAMIE L. STOLTZFUS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 30,2005 , 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 Courthonse, Carlisle on Thnrsday, September 29, 2005 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. All children age five or older may also be present at the conference. 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 hearin!!. FOR THE COURT. By: Isl Jacqueline M. Vem,ev. Esq. .y 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 th(, court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 . ~ ~ ~ - ~ ~ J'c?'/(:.-$ - .ffip $ r- ~l,.( ->c?'/[:g ~ Jiv :2. ~ 4 ...,mp .5i?-jE'.g 'M' ii:v 90 :Z [.!d I S ~n\l SOal ""', '" c'"'' , , ~Hl ::10 I\ClV.tJ...Ji';Ui~!,.J.../80 :J jJU:'O-C1:Jll~ F:\FILESIDATAFILE\General\CurrentI11788.1.pra1 Created: 9120104 0:06PM Revised: 9115105 9:41AM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID M. STOLTZFUS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4389 CIVIL ACTION - LAW JAMIE L. STOLTZFUS, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the Custody Complaint filed by Plaintiff on or about August 25, 2005. MARTSON DEARDORFF WILLIAMS & OTTO ,/ By J el111ife L. pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 15, 2005 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Jamie L. Stoltzfus 56 Bee Jay Lane Hanover, P A 17331 MARTS ON DEARDORFF WILLIAMS & OTTO ~t:" ()~ ricia D. Eckenroad en East High Street Carlisle, PA 17013 (7l7) 243-3341 Dated: September 15, 2005 ~ ";.,~ '""(ji:!--: rI1f\ ~~f.::~ r::.l:: ';;C"-, k-b ';Pc: -7 :2 ,...> '8 OJ' <I> Cd ~ ~~ -or;; U; ~~; Qo f;.f\"\ ~\ - ~ o "'1;l ~ r9 ~RECEIVED SEP 1621105 DAVID M. STOLTZFUS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-4389 CIVIL TERM JAMIE L. STOLTZFUS, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 16th day of September, 2005, the Conciliator, having been advised that the plaintiff has withdrawn the custody complaint, hereby relinquishes jurisdiction in this matter. FOR THE COURT, ne M. Verney, Esquire, Custo y Conciliator () c;; ;;;" "'OlJ:; i;;\J'; I,;n -',""- r;'::l': ~~,i:,; J>-c 2-= :2 ....., = ~ ~ ~ ?...... l1"1F ~~ \D P~-i; 65 afO --I 2p s;:- :..:: Cf' -u ::x ':? DAVID M. STOLTZFUS, : Plaintiff v. JAMIE L. STOLTZFUS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 05-4389 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of September, 2005, upon consideration of the attached letter from Jennifer L. Spears, Esq., attorney for Plaintiff, the hearing previously scheduled for October 13,2005, is cancelled. /~. ..,Jennifer L. Spears, Esq. Ten East High Street Carlisle, P A 17013 Attorney for Plaintiff ~amie L. Stoltzfus 56 Bee Jay Lane Hanover,PA 17331 Defendant, pro se :rc BY THE COURT, J. \1Ji\jl/l\lAf,I\!NJd }J"n,~/' ',"', '~""'~'" J\lr iI,,' ".,~cHY\il kJ I 0 :6 l~~ 02 d3S SOOl AtNLONOH1.0tid 3Hl :10 301:UQ-G311:l MARTSON DEARDORFF WILLIAMS & OTTO MQW&'O ATTOR.r'~EYS & COU]\;SELLORS AT LAW TELEPHONE FACSIMILE INTERNET (717) 243-3341 (717) 243-1850 www.mdwo.com WILLIAM F. MARTSON JOHN B. FOWLER III DA~lEL K. DEARDORFF THOMAS J. WILUAMS* Ivo V. OTTO III GEORGE R. FALLER JR. * CARl. C. RISCI! DAVID A. FITZSIMONS DAVID R. GALLOWAY CHRISTOPHER E. RICE JEl\JN1FER L. SI'FARS Iln.LARY A. DEAN 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 *RO."RIl CERTlFlFIl CiVil TRJ,\L SPEClALlSI September 15, 2005 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse Hanover and High Streets Carlisle, PA 17013 RE: David M. Stoltzfus v. Jamie L. Stoltzfus No. 05-4389 - Cumberland County C.c.P. Our File No. 11788. 1 Dear Judge Oler: We enclose a Praecipe withdrawing Mr. Stoltzfus's Custody Complaint in the above matter; therefore, the hearing scheduled for October 13, 2005, may be canceled. Thank you. Very truly yours, M?i/rN DEARDORFF WILLIAMS & OTTO lnnile)1t!!:/J JLS/tde Enclosure cc: Mr. David M. Stoltzfus Ms. Jamie L. Stoltzfus F:\FILESIDAT AFlLE\General\Current\11788. l,jo 1 t/l:'t:; - 76 ~S INFORMATION' AOVICE ADVOCACY SM