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HomeMy WebLinkAbout05-6362 GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. J.D. No. 27432 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraldo.com v. LESLIE K. STACKFIELD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS; - to3~~ C;vLL~C/2-~ RICHARD A. STACKFIELD, Plaintiff Defendant. CIVIL ACTION- CUSTODY NOTICE TO DEFEND You have been sued in court. If you wish to defend against tlae claims set forth in the following pages, you must take action within twenty days after tlais complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to tlae claims set forth against you. You are warned tlaat if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in tlae complaint of for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 1 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 2 GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. J.D. No. 27432 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraldo.com Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. c>S- ~']b~ C~lJlL'-- lV"u-vl CIVIL ACTION- CUSTODY RICHARD A. STACKFIELD, Plaintiff v. LESLIE K. ST ACKFIELD, COMPLAINT FOR CUSTODY Plaintiff, Richard A. StackfieId, by and through his attorney Gerald S. Robinson, Esquire, and the law firm of ROBINSON & GERALDO, respectfully requests the following: I. Plaintiff is Richard A. Stackfield, an adult individual and the natural Father who currently resides at 109 Woodlawn Lane, Carlisle, Cumberland County, PA. 2. Defendant is Leslie K. StackfieId, an adult individual and the natural Mother residing at 726 BJoserville Road, Newville, Cumberland County, PA. .. 3. Plaintiff seeks primary physical custody of Travis T. Longacre, born 8/20/1990, DeVante R. Stackfield, born 3/15/1995, and Colton 1. Longacre, born 10/8/1992, residing at 109 Wood Lawn Lane, Carlisle with Plaintiff. The children were not born out of wedlock. 4. The children are presently in the custody of Plaintiff, who currently reside at 109 Woodlawn Lane, Carlisle, Pennsylvania. 5. During the past five years, the children have resided with the following persons at the following addresses: Name Address Dates Father 109 Woodlawn Lane, Carlisle, PA 10/52005 to present Mother 402 North West Street, Carlisle, PA 8/05 to 10/4/2005 Mother 825 Factory Street, Carlisle, P A 1/2005 to 8/2005 Mother Unknown Address 1012002 to 112005 Mother 616 Cumberland Point Circle, Mechanicsburg, PA 9/1412001 to 10/2002 Mother and Father 616 Cumberland Point Circle, Mechanicsburg, PA 9/141999 to 9/14/2001 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. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 4 8. Plaintiff does not know of a pcrson 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. 9. The best interest and permanent welfare of the children will be served by awarding custody to Plaintiff. 10. 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 a party to this action. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant Custody to Plaintiff. Respectfully submitted, ROBINSON & GERALDO (&v~ ~ By: Ger d S. Robinson, Esquire Attorney J.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff 5 CERTIFICATE OF SERVICE I, Jaime D. Wassmer, Esquire, do hereby certifY that on the 7th day of December, 2005, I caused a true and correct copy of the Order and Complaint for Custody to be served upon the following individual by certified first class mail/restricted delivery by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Leslie K. Stackfield 726 Bloserville Road Newville, P A 17241 Respectfully submitted, ROBINSON & GERALDO VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~r~ Ct-~:~ Richard A Stackfield X) \-) ~ fk 'l ........ ::::::: - ~ ~ ~ en D- ....0 0 ~ (', - t)- b -+- , -,-' ~ RICHARD A. ST ACKFIELD PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-6362 CIVIL ACTION LAW LESLIE K. STACKFIELD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Monday, ~ecembe~!9, 2005. , upon consideration of the attached Complaint, it is hereby directed that pmiies and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Maiu Street, Mechanicsburg, PA 17055 on Wednesday, January 18, 2006 , the conciliator, at 9:30 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 bc 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 Custodv orders to tbe conciliator 48 bours prior to scheduled hearing. FOR THE COURT, By: fsf Dawn S. Sunday. Esq. Custody Conciliator f\1\ 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 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 (7 I 7) 249-3166 4~ !27? a ~o/ ~/ 'W ;2 /?~'~ *Jc; ~C->t:p.vt7 by- o/".p~~} /1J " ALNr:r,_i' '-'.""',I"Jrit'l ~ :'-:~' '" a.} 8S:IIWJ IZ3JOSOOl ",. I" "'d 3Hl :10 }UVJ.OI'jV"l'~-{J~ 311::l . 3::JI::HO ' j(.7/(">('~, J,;?/(c, r/ 5v,/C" t'! - , ., GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. LD. No. 27432 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraldo.com v. LESLIE K. STACKFIELD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 S; - ~~3("'~ C;v LL ~8'L~ RICHARD A. STACKFIELD, Plaintiff Defendant. CIVIL ACTION- CUSTODY NOTICE TO DEFEND You have been sued in court. If you wish to defend against fhe claims set forth in fhe following pages, you must take action within twenty days after fhis complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to fhe claims set forth against you. You are warned that if you fail to do so fhe case may proceed without you and a judgment may be entered against you by the court wifhout further notice for any money claimed in fhe complaint of for any ofher claim or relief requested by the plaintiff. You may lose money or property or ofher rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERI" YOU CAN GET LEGAL HELP. 1 .. ., CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 2 .. GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. J.D. No. 27432 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraldo.com RICHARD A. STACKFIELD, Plaintiff Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 6S"- I~]b~ C~lJl{C J~ CIVIL ACTION- CUSTODY v. LESLIE K. STACKFIELD, COMPLAINT FOR CUSTODY Plaintiff, Richard A. Stackfield, by and through his attorney Gerald S. Robinson, Esquire, and the law firm of ROBINSON & GERALDO, respectfully requests the following: 1. Plaintiff is Richard A. Stackfield, an adult individual arld the natural Father who currently resides at 109 Woodlawn Lane, Carlisle, Cumberland County, PA. 2. Defendant is Leslie K. Stackfield, an adult individual and the natural Mother residing at 726 Bloserville Road, Newville, Cumberland County, P A. .. 3. Plaintiff seeks primary physical custody of Travis T. Longacre, born 8/20/1990, DeVante R. Stackfield, born 3/15/1995, and Colton 1. Longacre, born 10/8/1992, residing at 109 Wood Lawn Lane, Carlisle with Plaintiff. The children were not born out of wedlock. 4. The children are presently in the custody of Plaintiff, who currently reside at 109 Woodlawn Lane, Carlisle, Pennsylvania. 5. During the past five years, the children have resided with the following persons at the following addresses: Name Address Dates Father 109 Woodlawn Lane, Carlisle, PA 10/52005 to present Mother 402 North West Street, Carlisle, PA 8/05 to 10/4/2005 Mother 825 Factory Street, Carlisle, P A 112005 to 8/2005 Mother Unknown Address 10/2002 to 1/2005 Mother 616 Cumberland Point Circle, Mechanicsburg, PA 9/14/2001 to 10/2002 Mother and Father 616 Cumberland Point Circle, Mechanicsburg, PA 9/141999 to 9/14/2001 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. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 4 -' 8. 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. 9. The best interest and permanent welfare of the children will be served by awarding custody to Plaintiff. 10. 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 a party to this action. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant Custody to Plaintiff. Respectfully submitted, ROBIN(ON. & GERAL~_~ By: {JI/v~t Gerard S. Robinson, Esquire Attorney J.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff 5 . , ,"0' CERTIFICATE OF SERVICE I, Jaime D. Wassmer, Esquire, do hereby certifY that on the: 7'h day of December, 2005, I caused a true and correct copy of the Order and Complaint for Custody to be served upon the following individual by certitied first class mail/restricted delivery by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Leslie K. Stackfield 726 Bloserville Road Newville, P A 17241 Respectfully submittt:d, ROBINSON & GERALDO (;)~ e D. Wassmer, Esquire . " VERIFICATION I veritY that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~ Richard A Stackfield . . XJ \-> -bQ \t- 1t -..... ~ - ~ vt ~ ~ C> 1 ...c V - p= ()"'" ::t) -f- , ~ .' y RICHARD A. STACKFIELD Plaintiff IAN 2 (! LUUb vJ''''6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-6362 CNIL ACTION LAW LESLIE K. STACKFIELD Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2(') H. day of ,T 2h . ' 2006, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The Father, Richard A. Stackfield, and the Mother, Leslie K. Stackfield, shall have shared legal custody of Travis T. Longacre, born August 20,1990, Colton 1. Longacre, born October 8,1992, and DeVante R. Stackfield, born March 15, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emcrgency 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 this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Father shall have primary physical custody ofthc Children. The Mother shall have partial physical custody of the Children as arranged by agreement between the parties. 3. The Mother may file a petition with the Court for the scheduling of an additional custody conciliation conference in the event the Mother desires a review or modification of the custody arrangements. BY THE COURT, cc: u.I1Iime D. Wassmer, Esquire - Counsel for Father v-Leslie K. Stackfield, Mother \\ ~ L\'OLP 'I,r o U) >J (:""") (",l RICHARD A. STACKFIELD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-6362 CIVIL ACTION LAW LESLIE K. STACKFIELD Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Travis T. Longacre Colton 1. Longacre DeVante R. Stackfield August 20, 1990 October 8, 1992 March 15,1995 Father Father Father 2. A custody conciliation conference was held on January 18, 2006, with the following individuals in attendance: The Father, Richard A. Stackfield, with his counsel, Jaime D. Wassmer, Esquire. The Mother, Leslie K. Stackfield, is not represented by counsel in this matter and did not attend the conference. 3. The Father represented that the Children had previously resided with the Mother until October 5, 2005, at which time the Mother contacted him and requested that he assume custody ofthe Children as she was no longer able to take care of them. The Father stated that he has had custody of the Children since that time. According to the Father, the Mother has never attempted to contact the Children since October 2005 by telephone, mail or personal contact. The Father explained that the parties' oldest Child, Travis, visits his grandmother's home every weekend and sees the Mother, on occasion, at the grandmother's residence. The Father believes that the Mother currently resides with her former boyfriend's parents in the Philadelphia area. The Father indicated that the parties' oldest son, Travis, was not enrolled in school at the time he assumed custody in October 2005 but, since that time, the Father has enrolled the Child in the Woodsworth Academy in Harrisburg. The Father filed this Complaint for Custody seeking confirmation of his role as primary custodian. 4. The conciliator recommends an Order in the form as attached confirming the eXlstmg custodial arrangements for the Children and providing for a review of the custodial situation at the request of the Mother. ,JfM/IVCLr(j / x-,. 9-0oCt Date ~L7 Dawn S. Sunday, Esquire (J Custody Conciliator