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Home My WebLink About06-0686 THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. Ol.:, -,=-Pb CIO',L~~ : CIVIL ACTION - LAW : IN CUSTODY JOSEPH STOUFFER Plaintiff, TIERRA STOUFFER, Defendant. CUSTODY COMPLAINT 1. The Plaintiff is Joseph Stouffer residing at Bldg# 4, Apt 104, November Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Tierra Stouffer currently residing at the Cumberland County Prison. Her last known residential address is 4930 A New Hope Drive, Raleigh, North Carolina. 3. Plaintiff seeks primary physical and legal custody of the following children: NAME PRESENT RESIDENCE AGE Ashanti Stouffer Bldg #4, Apt 104 November Drive 3 % years Camp Hill, PA D.O.B. 7/4/2002 Jovan Stouffer Bldg #4, Apt 104 November Drive 2 % years Camp Hill, PA D.O.B. 5/31/2003 4. Ashanti Stouffer and Jovan Stouffer (hereinafter "children") were born out of wedlock. 5. The children are presently residing with the Plaintiff. 6. During the past five years, the children have resided with the following persons and at the following addresses: ADDRESSES DATES PERSONS Joseph Stouffer Bldg #4, Apt. 104, November Drive, Camp Hill, PA March 2004 - Present Joseph Stouffer Tierra Stouffer 6 Umberto Avenue, New Cumberland, PA March 2003 - 2004 Joseph Stouffer Tierra Stouffer 111 South Spruce St. Shiremanstown, PA March 2002-2003 7. The mother of the children is Tierra Stouffer, currently residing in the Cumberland County Prison. She is married. 8. The father of the child is Joseph Stouffer currently residing at Bldg #4, Apt. 104, November Drive, Camp Hill, Cumberland County, Pennsylvania. He is married. 9. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Ashanti Stouffer Jovan Stouffer Daughter Son 10. The relationship of Defendant to the children is that of Mother. The Defendant is currently residing at the Cumberland County Prison. 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the children. 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. Plaintiff is requesting primary legal and physical custody of the children. 14. The best interest and permanent welfare of the children will be served by the granting relief requested because: (a) The minor children's emotional and physical well-being will be continued if they maintain living in the home they have known for the past two years. (b) Defendant abandoned the son when she moved out in May 2005 with the daughter to live with relatives in Raleigh, North Carolina. Defendant then sent the daughter back to live with the Plaintiff where she has lived since. Defendant has never returned to the home. (c) Defendant is in Cumberland County Prison for assaulting the Plaintiff with a knife. This was done in front of the children. (d) Upon leaving the prison on February 14, 2006 the Defendant will most likely return to North Carolina. The home environment in North Carolina is unstable and is not an environment for young children. (e) Plaintiff is able to provide a stable home and emotional environment for the children; and (d) Plaintiff has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff primary physical and legal custody of the children. Respectfully Submitted, THE By: , Esq. Dated: January 25, 2006 . . 81/23/2BB6 B2:39 71 7761 7572 KOPE LAW PAG": [1" . . . , VERIFICATION I, Joseph Stouffer, 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. C. S. S 4904 relating to unsworn falsification to authorities. Dated: j./ ~'S-~ ~ &;~~7_ 7 oseph Stouffi, Intif( x.J ~ "6g, ft. ~ ::::::- Jv ........ ........ ~ (;j ?~ ~:~ {j 0 C> "";) ..0 ~ -.. "- CY po, ~ C.J l!- I 1'-> ....... J -n V) rSI r- '''-:, U1 .-.. (".) JOSEPH STOUFFER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. 06-686 CIVIL ACTION LA W TfERRA STOUFFER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, __~~sday, February 07, 2~06 , upon consideration ofthe attached Complaint, it is hcreby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Maulove's, 1901 State Sf., Camp Hill, PA 17011 on Friday, March ~4, 200~~_ at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issucs 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 confercnce. 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: Isl Melissa P. Greevy, Esq. Custody Conciliator -fJ 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 cOUli, 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 schcduled 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 &~Jr~ 12. ,/Ifr~Vl/ ~ 5?7 .~. r? . ~ .?l? ~7_ ~K, 1';J,3-e ~ p ? /flJP'P/~;; . 1'9 1r?,8 . C I -j ) '1 :21 :!d 8- (1',1 '(::'~l '-,,~,.J ;..." A' ".n ,.... .' tiV.i,U,\<,:;.1 "~ ',.' J,-1 :'iHl ~q :/\:_I.:::.';.:;'.:......;;Ji ..I'" __''"' 1_"...",l"""1J:~j rd KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY 1.0.92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkoperalcomcast.net Attorney for Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 06-686 JOSEPH STOUFFER Plaintiff, TIERRA STOUFFER, Defendant. : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on March 8, 2006 I served a true and correct copy of the foregoing Custody Complaint and Order of Court on Defendant, Tierra Stouffer, at the following address via first class certified and regular mail, postage prepaid as follows: Tierra Stouffer 336 N. Union Street Apt #1 Middletown, PA 17057 SSOCIA TES -----., Shane B. Kop ,Esq. I.D.922 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff , ~: 1 I;:' JOSEPH STOUFFER, : ~-:~ '~~~~~~ -\i -~~, ~;~) ,; L~~'l }D[6 J IN THE COURT OF COMMON pJAgUF- CUMBERLAND COUNTY, PENNSYLVANIA J Plaintiff NO. 06-686 CIVIL TERM v. CIVIL ACTION - LAW TIERRA STOUFFER, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this ~ day of April, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Joseph Stouffer and Tierra Stouffer, shall have shared legal custody of the minor children, Ashanti Stouffer, born July 24, 2002; and Jovan Stouffer, born May 31, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Father shall have temporary primary physical custody, subject to Mother's rights of partial custody which shall be arranged by mutual agreement and cooperation of the parties. 3. The Cumberland County Court of Cornmon Pleas shall retain jurisdiction of this matter. BY THE COURT: ~~ ~~J Ois!: ~ane B. Kope. Esquire, 4660 Trindle Road, Suite 201. Camp Hill, PA 17011 )it!rra Stou~er, clo eraldine Stouffer, 336 N. Union Street, Apt. 1, Middletown, PA 17057 ~~i i:\ . ~} .'.J , , /' ,,,,, ,.".' i" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-686 CIVIL TERM JOSEPH STOUFFER, v. CIVIL ACTION - LAW TIERRA STOUFFER, IN CUSTODY Defendant 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 child who is the subject of this litigation is as follows: NAME Ashanti Stouffer Jovan Stouffer DATE OF BIRTH July 24, 2002 May 31,2003 CURRENTLY IN THE CUSTODY OF Father Father 2. A Custody Conciliation Conference was held on March 24, 2006 following Father's filing of a Custody Complaint on February 2, 2006. Present for the conference were: the Father, Joseph Stouffer, and his counsel, Shane B. Kope, Esquire; the Mother, Tierra Stouffer, did not attend. However, the Conciliator was able to reach her by phone and allow her to participate by phone. 3. The parties reached an agreement for a temporary Order in the form as attached. Mother provided the Conciliator with a mailing address where her copy of the Order could be sent. n <lJJf/O~ ~ l'xffflkJ )(3( Date Melissa Peel Greevy, Esquire Custody Conciliator :272566