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HomeMy WebLinkAbout02-1279STEPHEN G. BOORE Plaintiff VS. GARY CHAMBERS Defendant : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. O 1¢ 7cl : IN CUSTODY PETITION FOR CUSTODY AND NOW, this 15th day of March comes Plaintiff, by and through his attorney, Joseph D. Buckley, Esquire and brings this petition based on the following: 1. The plaintiffis Stephen G. Boore, residing at 85 Oxford Road, Gardners (South Middleton Township, Cumberland County), PA 17324. 2. The defendant is Gary Chambers, residing in Mattituck, NY with a mailing address of P.O. Box 586, Mattituck, NY 11952. Plaintiff seeks.custody of the following child: Present Address Age 85 Oxford Road Gardners, PA 17324 17 Michael John Chambers The child was not bom out of wedlock. The child is presently in the custody of Plaintiff, Stephen G. Boore, who resides at 85 Oxford Road, Gardners, PA 17324. During the past five years the child has resided with the following persons at the following addresses: Nam~ Address Dates Stephen G. & Christina M. Boore 85 Oxford Road, Gardners, PA 17324 (formerly Christina M. Chambers) 3-97 to 12-01 Stephen G. Boore 85 Oxford Road Gardners, PA 17324 3-97 to present The mother of the child Christina Marie Boore (formerly Chambers) resided at 85 Oxford Road, Gardners, PA 17324 until her untimely death on December 18, 2001. Father of the child is Gary Chambers who resides in Mattituck, NY and has a mailing address of P.O. Box 586, Mattituck, NY 11952. Father's current marital status is unknown. 4. The relationship of plaintiff to the child is Step-father. The plaintiff currently resides with the following person: Nam? Address Michael John Chambers 85 Oxford Road, Gardners, PA 17324 5. The relationship of defendant to child is that of biological father. It is unknown where defendant actually lives or with whom he resides. 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this court or any other court. Plaintiff has no information of a custody preceeding concerning the child pending in a Court of this Commonwealth. Plaintiffdoes not know of a person who has physical custody of the child, other than himself, or claims to have custody or visitation rights with respect to the child with the exception of Defendant. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has acted as child's father since his marriage to the child's mother on October 7, 1994. Since that time child has lived continuously with Plaintiff. Defendant has not kept in contact with child, has never visited child and has only seen or spoken to child less than five times in the past five years. Defendant was informed immediately of the death of child's mother, Defendant's former wife. Defendant did speak to child upon notification of the death, but has not attempted to visit or to contact child since. The relationship between Plaintiff and child is a close relationship and child desires to continue to live with Plaintiff. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. Them are no other persons who are known to have or claim to have any custody or visitation rights concerning the child. WHEREFORE, Plaintiff requests this Honorable Court grant him custody of the child, Michael John Chambers. D. Bucklky~ Esquire Supreme Court 1.1~.# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 VERIFICATION The undersigned, Stephen G. Boore, hereby certifies that the statements made in the foregoing Petition for Custody are true and correct to the best of his knowledge, information and belief. It is understood that statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: STEPHEN G. BOORE Plaintiff VS. GARY CHAMBERS Defendant : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO.O/-/o 77 : IN CUSTODY PETITION FOR SPECIAL REI.IEF AND NOW, this 15th day of March, 2002 comes Plaintiff, by and through his attorney, Joseph D. Buckley, Esquire and brings this petition based on the following: 1. The plaintiff is Stephen G. Boore, residing at 85 Oxford Road, Gardners (South Middleton Township, Cumberland County), PA 17324, and the defendant is Gary Chambers, residing in Mattituck, NY with a mailing address of P.O. Box 586, Mattituck, NY 11952. 2. Plaintiff has petitioned this court for custody of his step-son Michael John Chambers age 17 who has resided with Plaintiff since Plaintiff's marriage to the former Christina Marie Chambers on October 7, 1994. 3. Plaintiff's wife and mother of Michael John Chambers died on December 18, 2001 and Plaintiff has had custody of the child since that time. 4. Defendant was immediately notified of his former wife's death and although he did speak with his son on the day he was notified, Defendant has not requested custody, spoken to or attempted to see his child. Defendant has only seen or spoken to the child on a few occasions in the past eight years. 5. It is in the best interests of the child Michael John Chambers that he remains in the custody of his step-father, Plaintiff, pending a hearing on the Petition for Custody. 6. There are compelling reasons for the requested Order for Temporary Custody as no order is currently in place and as such Plaintiffwould has no legal rights if an emergency situation would arise regarding the health, safety and welfare of the child. WHEREFORE, Plaintiff requests this Honorable Court issue an Order granting him Temporary Custody of the child Michael John Chambers pending resolution of Plaintiff's Petition for Custody presently before the Court.. 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 The undersigned, Stephen G. Boore, hereby certifies that the statements made in the foregoing Petition for Custody are true and correct to the best of his knowledge, information and belief. It is understood that statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: .~ ~--/3""',-'-- e~ ~.- STEPHEN G. BOORE, Plaintiff VS. GARY CHAMBERS, Defendant : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 0~.- t~l.~tq : IN CUSTODY AND NOW, this 15 th day of March, 2002 based on the Plaintiff's Petition For Special Relief and believing it to be in the best interest of the child Michael John Chambers, IT IS HEREBY ORDERED, that Plaintiff Stephen G. Boore is granted temporary custody of his Step-child, Michael John Chambers who currently resides at 85 Oxford Road, Gardners, PA 17324, pending final resolution of the Plaintiff's Petition for Custody. BY THE COURT Judge STEPHEN G. BOORE PLAINTIFF V. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-1279 CIVIL ACTION LAW GARY CHAMBERS DEFENDANT : 1N CUSTODY AND NOW, Monday, March 25, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 18, 2002 at 10:30 ~ 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 hearing. FOR THE COURT, By: /s/ Hubert X. Gilrov. Esa. 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 the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 STEPHEN G. BOORE, Plaintiff VS. GARY CHAMBERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1279 CIVIL TERM 1N CUSTODY CERTIFICATE OF SERVICE I, Joseph D. Buckley of The Law Offices of Joseph D. Buckley, do hereby certify that I servltt, g ~ ,-,~,,,. ~ ,,~ ,h,~ .... cv.~,v...~,:-~ -v~-.a ....... ...... * upon the person(s) and in the manner indicated below, which service satisfies the requirement of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, certified/return receipt, first-class postage prepaid as follows: Gary Chambers P.O. Box 586 Mattimck, NY 11952 Attached is certified mail receipt dated March 15, 2002, together with return postal service form 3811, dated March 23, 2002, signed by Gary Chambers. DATE UIRE Supreme Ct. ~38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 [Sent To Gary Chambers [~if~'~:'f~:,:'~}'Fb'~'~:p.o. Box 586 .......................................................... ~---~-~:-~£,~--~ ........................................................................... ~t~tuck, NY 11952 · CompEete items 1, 2, and 3. Also complete item 4 if ReatHctsd Delivery is de,ired. · Print your name and ad--on the reverse ~ /~,/~ · [] Agent · Attach this card to the back of the mailpiece, X ~ g~ _ C~J'~b~,~ Addrea~ee or on the front If space permits. D. Gary Chambers STEPHEN G. BOORE, Plaintiff V GARY CHAMBERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 1279 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~ day of April, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Stephen G. Boore shall enjoy legal and physical custody of Michael John Chambers, born July 15, 1984. e The natural Father, Gary Chambers, shall enjoy periods of temporary physical custody with the minor child at such times and under such circumstances as agreed upon by the parties. CC: ~eph Buckley, Esquire ~p.ary Chambers O. Box 586 Mattituck, NY 11952 BY THE COURT, STEPHEN G. BOORE, Plaintiff V GARY CHAMBERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 1279 CIVIL : IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Michael John Chambers, born July 15, 1984. A Conciliation Conference was held on April 18, 2002, with the following individuals in attendance: The Stepfather, Stephen G. Boore, with his counsel, Joseph Buckley, Esquire. This is a rather unusual case. The minor child was living with his mother and the Stepfather. The mother recently past away. The natural Father contacted the conciliator's office and indicated that he had no problem with the Stepfather being granted custody. The child is still living with the Stepfather. The natural Father has had minimum contact with the minor child. 3. The conciliator recommends the entry of an order in the form as attached. Hubert X. G~...oy, Esqmre Custody/C~ciliator