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HomeMy WebLinkAbout06-1915JONATHAN COLLINS, Plaintiff V. STEPHANIE MCMILLAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 06- /y/S CIVIL TERM COMPLAINT FOR CUSTODY The Plaintiff, Jonathan Collins, by his counsel, the Family Law Clinic, sets forth the following cause of action in custody. 1. The Plaintiff ("Father") is Jonathan Collins, residing at 406 Brick Church Road, Apt. 2, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant ("Mother") is Stephanie McMillan. Mother is presently residing at Shalom House, a homeless shelter in Harrisburg, Dauphin County, Pennsylvania. Shalom House's mailing address is P.O. Box 3893, Harrisburg, Dauphin County, PA 17105. 3. Father seeks primary custody of: Name William Collins Chloe Collins Present Residence 406 Brick Church Road Apt. 2, Enola, PA 17025. Shalom House, P.O. Box 3893 Harrisburg, PA 17105 The children were born out of wedlock. Age Two Months (D.O.B. 1/7/06) Two Years (D.O.B.10/15/04) William Collins is presently in the custody of Father, who resides at 406 Brick Church Road, Apt. 2, Enola, Cumberland County, Pennsylvania, 17025. Chloe Collins is presently in the custody of Mother, who resides at Shalom House, a homeless shelter for women and children with an undisclosed address in Harrisburg. Its mailing address is P.O. Box 3893, Harrisburg, PA, 17015. During the past five years William Collins has resided with the following persons at the following addresses: Persons Address Dates Jonathan Collins Amanda Strauser 406 Brick Church Road, Apt. 2 Birth (1/7/06) to present Enola, PA 17025 During the past five years Chloe Collins has resided with the following persons at the following addresses: Persons Address Dates Stephanie McMillan Shalom House 2/20/06 to present P.O. Box 3893 Harrisburg, PA 17105 Father believes that mother and the child resided in hotels from 2/14/06 to 2/19/06. Stephanie McMillan 312 Fourth Street January 2005 to 2/13/06 Lori McMillan West Fairview, PA 17025 Stephanie McMillan 312 Fourth Street 10/15/04 to January 2005 Lori McMillan West Fairview, PA 17025 Jonathan Collins The mother of the children is Stephanie McMillan, the defendant. She is single. The father of the children is Jonathan Collins, the plaintiff. He is single. 4. The relationship of plaintiff to the children is that of father. Father currently resides with the following persons: Name Amanda Strauser Relationship Father's girlfriend The relationship of defendant to the children is that of mother. Father does not know the names of the persons with whom Mother currently resides. 5. Father 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. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. Father 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. 6. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Father has been the primary caretaker of William Collins since his birth on January 7, 2006; b. Mother is currently homeless and living at Shalom House, a homeless shelter in Harrisburg, Dauphin County, Pennsylvania; c. Father believes that in two weeks Mother will have stayed at Shalom House for the maximum amount of time that Shalom House allows and will have to leave Shalom House at that time; d. Father provides William Collins with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs and will provide the same for Chloe Collins; e. Father has permitted contact between Mother and William Collins and will continue to do so; f. Father is willing to permit contact between Chloe Collins and Mother if he is granted physical custody of Chloe Collins; g. Father is willing to accept custody of the children. 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. WHEREFORE, Father requests the court to grant him shared legal custody and primary physical custody of the children, with Mother having periods of partial physical custody. Respectfully submitted, Date: 3?2HlOG A&'e 5v 7z ?? Robert K.Lascher Certified Legal Intern THOMNSP. PLACE ROBERT RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys Counsel for Plaintiff THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I 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. 4904 relating to unsworn falsification to authorities. Date: .4 4 t) U ?Y ILA, JoJo at tins, Plaintiff (7 11 _? ? CJ jl. ? ? ! ) r_ __ _„ cr '; .. jltl -1 +\) ::7 1?`? ? JONATHAN COLLINS, Plaintiff V. STEPHANIE MCMILLAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 06-1 ?/SCI V IL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Jonathan Collins, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, counsel for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. ' Respectfully submitted, Date: Robert Lascher Certified Legal Intern ROBER INS _ THOMAS M. PLACE ANNE MACDONALD-FOX LUCYJOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 G'"? JJ ?J r'l i - L ' YV JONATHAN COLLINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1915 CIVIL ACTION LAW STEPHANIE MCMILLAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, April 06, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, May 19, 2006 at 12:30 PM 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/ McG'ssa P. Greery, Esq. ,/J[I Custody Conciliator ICS 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Ir7-- '45?? ?v -/ ./, /'?? wv y 014 X7 C ?? f'?j7z'?ai J 1`tO ?iJ L ?T JONATHAN COLLINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE STEPHANIE MCMILLAN, Defendant NO. 06 - 1915 CIVIL TERM CERTIFICATE OF SERVICE I, Robert Lascher, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint on Stephanie McMillan, Defendant, residing at Keystone Inn, Room 121, 353 Lewisberry Road, New Cumberland, PA, 17070, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Stephanie McMillan, on or about the 26`h day of April, 2006, as evidenced by the attached green card and the attached photocopy of the reverse side of the green card. Robert Lascher Certified Legal Intern lie 4? Thom lacae? Robert E. Rains Lucy Johnston-Walsh Anne MacDonald-Fox Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ¦ Complete Rome 1, 2, and 3. Also complete item A If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we ran return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 11 1. Articb ? Fesaed ro: ' y/Lauo /y?? r.?2c?c?1 =nom `y1.e-c.cJ i ?7c7? A. Received by (Pieces Pft CAady) B. Date of Delivery C. Signature C3 Agent X M"llaZoe' D. Is delivery ddreea different Own earn 17 ? Yes If YES, enter delivery address below: ? No 3. Service Type "Z certltled mail ? Express Moil ? Registered m Return Receipt for Merchandise 4. Restricted Delivery? (Extra Fee) J9 Yes PS Form 3811, July 1999 - Domestic Return Receipt 1025WWM-17e9 :k: k `,UNITED STATE IAR fOi:71S.G PA. I 25 APR 2004.5 F" Sit [I • Sender: Please print your name, address, andd/ ZIP+4 in this box ys ?010 , Z-f JONATHAN COLLINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : IN CUSTODY STEPHANIE McMILLAN, :NO. 06 - CIVIL TERM Defendant CUSTODY AGREEMENT THIS AGREEMENT, made this 18 day of May , 2006, between Johnathan Collins , hereinafter father, and Stephanie McMillan, hereinafter Mother, concerns the custody of their children: Cloe Collins, born 10/15/04, and William Collins, born 1/7/06. Mother and father desire to enter into an agreement as to the custody of the children. Mother and father agree to the following. 1. Mother and Father shall share legal custody of the children. 2. Father shall have primary physical custody of the child William; Mother shall have primary physical custody of the child Cloe. 3. Mother shall have periods of partial physical custody of the child William, at times mutually agreeable to the parties. 4. Father shall have periods of partial physical custody of the child Cloe, at times mutually agreeable to the parties. 5. Both parties shall inform each other of any plans to leave the state for any period of time greater than 24 hours. The parties shall obtain verbal permission from each other before out-of--state travel. 6. Mother and Father will agree upon which holidays child will spend with each parent. 6. Mother and Father will agree upon which holidays child will spend with each parent. 7. Mother and Father will notify each other of all emergency medical care the child receives while in the parent's care. Mother and Father will notify the other as soon as possible of medical emergencies which arise while the child is in that parent's care. 8. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 9. Mother acknowledges that the Family Law Clinic represents only Father's interest in this matter and has given her no legal advice other than that she should seek the advice of legal counsel. 10. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. e L? . Johnathan Collins, Plaintiff Ms. Stephanie McMillan, Defendant Gillian Woodward Certified Legal Intern Counsel for Plaintiff ROB E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 Fri m ? C ? / t RECEIVED MAY 2 2 2006 Y JONATHAN COLLINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06- 1915 CIVIL TERM STEPHANIE McMILLAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ?-? day of 2006 upon consideration of the attached agreement, it is hereby ordered that the attached agreement will become an order of court . BY THE . V? r a 96 0? ;E kid ?,Z !.'f?9uCt JUN o a zoos JONATHAN COLLINS, IN THE COURT OF COMMO Plaintiff V. STEPHANIE MCMILLAN, Defendant d (?1 CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1915 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 25th day of May, 2006, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE Melissa Peel Greev Custody Conciliator :276083 ,< :c ltd 9- N,7 UR nod C;; .!; clli JONATHAN COLLINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY STEPHANIE MCMILLAN, : Defendant NO. 06-1915 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Jonathan Collins, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, counsel for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date: 5/25/07 Respectfu submitted, EtCe fied ;"Z, ROBER INS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 :?-.? r?? ;? --_--t y j1 ?: ? " .. ?, ?> `y?? i ? ^..r a ( ,i `?1?. -a « "r i „1,J Johnathan Collins, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Stephanie McMillan, Defendant CIVIL ACTION - LAW IN CUSTODY : NO. 06-1915 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of Johnathan Collins, by his attorneys, the Family Law Clinic, respectfully represents that on 5/25/06, an Order of Court was entered for custody of Cloe Collins, born 10/15/04, and William Collins, born 1/7/06, a true and correct copy of which is attached. Under the existing Order, Mother has primary physical custody of the child Cloe and Father has primary physical custody of the child William. Father has periods of partial physical custody of the child Cloe, at times mutually agreeable to the parties. Mother has periods of partial physical custody of the child William, at time mutually agreeable to the parties. 2. This Order should be modified regarding the child Cloe because: a. Child is currently living with Father. b. Mother is unable to keep stable housing and is currently living in a shelter. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody to reflect the parties attached agreement. SU Date: THOM y . PLACE ROBERT . RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: S-4f-0 7 Q 1? J athan Collins (? _> ? ?? ._ .}? ?' \ ? _ 4 ? ?? !.. ir '.' ? _' S ', 1 ' C. J t ??, _. f ``s t.. m'1 - Mr. Jonathan Collins, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Ms. Stephanie McMillan, Defendant NO. 06 - 1915 CIVIL TERM CERTIFICATE OF SERVICE I, Warren Eth, Certified Legal Intern, Family Law Clinic, hereby certify that I personally served a true and correct copy of the Petition to Modify Custody Order and a copy of the signed and executed Custody Agreement dated May 25, 2007 on Ms. Stephanie McMillan at The Family Law Clinic on May 25, 2007. 0 ertified Legal Intern Anne Mac 4nald-Fox, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ?=' ? t't .J i .? - 1 I? ?%i {.? ?% `yi MAY Z 9 2007 JONATHAN COLLINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06- 1915 CIVIL TERM STEPHANIE McMILLAN, Defendant : IN CUSTODY ORDER (F COURT AND NOW, this \\ day of 2007 upon consideration of the attached agreement dated May 25, 2007, it is hereby ordered that the attached agreement is approved as an Order of Court. BY THE COUR n J. CC: Warren Eth / Family Law Clinic 45 N. Pitt St. Carlisle, PA 17013 G-«o7 Stephanie McMillan, Defendant 2184 th Street West Fairview, PA 17025 -r CXf - IT _ } C-A Jonathan Collins, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Stephanie McMillan, Defendant : NO. 06-1915 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 25th day of May, 2007, between Jonathan Collins, hereinafter Father, and Stephanie McMillan, hereinafter Mother, concerns the custody of their child: Cloe Collins, born 10/15/04. Mother and Father desire to enter into an agreement modifying paragraph two of the Order dated May 25, 2006, as to the custody of the child, Cloe Collins. Mother and Father agree to the following. 1. Father shall have primary physical custody of the child for at least six months following the date of this agreement. 2. Mother shall have periods of partial physical custody of the child, at times mutually agreeable to the parties. 3. All other provisions set forth in the Custody Order dated May 25, 2006 shall remain in effect. 4. If Mother has stable housing for herself and the child and stable employment at the end of the six month period, the Order of May 25, 2006 shall be reinstated in full force and effect and Mother will resume primary physical custody of the child. t 5. Mother acknowledges that the Family Law Clinic represented only Father's interest in this matter and has given her no legal advice other than that she should seek the advice of legal counsel. 6. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. J athan Collins, Plaintiff '-Certified egalIntern Counsel for Plaintiff G ROBER INS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 Steph ie McMillan, Defendant - r _ * , 1 JONATHAN COLLINS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHANIE MCMILLAN, DEFENDANT 06-1915 CIVIL TERM ORDER OF COURT AND NOW, this t day of June, 2007, Jonathan Collins may proceed in forma pauperis. By the C Edgar Anne MacDonald-Fox, Esquire` For Plaintiff Stephanie McMillen 2184 1h Street West Fairview, PA 17025 sal UJO LLJ LL_ ti- d ?-- <> J C14 • Jonathan Collins, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY N Stephanie McMillen, o .? Defendant. : NO. 06-1915 CIVIL TE co > (}., CUSTODY AGREEMENT =- )1V; 4 th J 2010 b il ? ? THIS AGREEMENT, an ona etween , o day of Apr made this o Collins, hereinafter Father, and Stephanie McMillen, hereinafter Mother, concerns the custody of their children: Cloe Collins, born 10/15/04, and William Collins, born 01/07/06. Mother and Father desire to enter into an agreement as to the custody of the children. Mother and Father agree to the following. 1. Mother and Father shall share legal custody of the children 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children as mutually agreed upon by both parties. 4. Mother shall have reasonable telephone and email contact with children. 5. Mother shall initiate contact for and pay the applicable expenses for her periods of physical custody. 6. Mother and Father will agree upon which holidays children will spend with each parent. 7. Mother and Father will notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 8. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 9. Mother acknowledges that the Family Law Clinic represents only Father's interest in this matter and has given her no legal advice other than that she should seek the advice of legal counsel. 10. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. J nathan Collins, Plaintiff teph 'e McMillen, Defendant anti?Pria?sn- Me an Anderson Certified Legal Intern Counsel for Plaintiff A ? / /24.4 U. 1A _W/Z MEGAN RIESMEYEW/ ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 O.. APR 2 9 2010 Jonathan Collins, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY _ Stephanie McMillen, n E C, Defendant. : NO. 06-1915 CIVIL TERM i .l F= C) ORDER OF COURT AND NOW this w ?5 day of 2010 upon corigide on: of the attached custody agreement, it is hereby ordered that the following is approved as an Order of Court: 1. Mother and Father shall share legal custody of the children 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children as mutually agreed upon by both parties. 4. Mother shall have reasonable telephone and email contact with children. 5. Mother shall initiate contact for and pay the applicable expenses for her periods of physical custody. 6. Mother and Father will agree upon which holidays children will spend with each parent. 7. Mother and Father will notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the children are in that parent's care. , J.., 8. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. BY THE COURT: J. C amily Law Clinic 45 North Pitt Street Carlisle, PA 17013 -,----S'tephanie McMillen 260 Old York Road New Cumberland, PA 17070 (2c F tFS mla t(4cC Alli Olt 0