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HomeMy WebLinkAbout02-2484MELVIN NELSON and : TERESA NELSON, husband and : wife, Plaintiffs : : V. : : SHARON MARIE NELSON, : Defendant : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. Oo~. - a~g)/~7:~// CIVIL ACTION- CUSTODY Complaint for Custody ¢ AND NOW, thisq day of ~v~ .~002 comes MELVINNELSON and TERESA NELSON, husband and wife, Plaintiffs abSve named, by and through their attorney, John M. Glace, Esquire, and respectfully presents the below Complaint for Custody, and, in support thereof, avers the following: 1. Plaintiffs, MELVIN NELSON and TERESA NELSON, are adult individuals, lawfully married, who presently co-reside and have resided for all times relevant to this Complaint at 93 Margaret Drive, Mechanicscburg ( Silver Spring Township, Cumberland County), Pennsylvania 17050. 2. Defendant SHARON M_4RIE NELSON is an adult individual, the biological daughter of the Plaintiffs, who also resides at 93 Margaret drive, Mechanicsburg, (Silver Spring Township, Cumberland County), Pennsylvania, 17050 3. Defendant is the biological mother of Eli Wesley Nelson, bom out of wedlock on April 14, 2002 4. The biological father is unknown and no father was named for purposes of compilation and entry of the birth certificate. The formal birth certificate has not been produced as of the date of the filing of this Custody Action. 5. Since the birth of the above minor child he has resided only at the above described address. 6. Presently the Defendant Mother is unemployed and resides at home with her parents, the Plaintiffs in the above Action, and shares without restriction equally in all the duties and satisfactions of rearing the above minor ctfild.. 7. Plaintiff TERESA NELSONis employed full time at Intellimark; said employer offering as an employee benefit full health, dental and eye insurance for ail eligible full !ime employees ( including Plaintiff TERES,~ NELSON). This comprehensive health insurance coverage is available also only to ail legal dependents of the employees.. 8. Plaintiffs desire to become the primary physical and legal custodian of the above minor child, ELI WESLEY NELSON and Defendant desires that her parents assume such status. All parties have signed an Agreement and Stipulation to that effect which is attached hereto as Exhibit "A" and made part hereof. 9. The patties have not previously participated in any Custody Proceeding in this Commonwealth.. Nor do the Plaintiffs and Defendant have any knowledge of any person, not party to this action who would have a claim(s) for custody or visitation of the minor child; including, but not limited to, the identity of the biological father. 10. Each known parent, whose parental fights have not been terminated, has been made party to this action. WHEREFORE, above Plaintiffs MELVIN NELSON and TERESA NELSON respectfully request this Honorable Court to grant them primary physical custody and legal custody of their minor grandson ELI I~ESLEYNEI. SON and incorporate the terms and conditions of the attached Custody Agreement and Stipulation into an Order of Court. Respectfully Submitted, THE LAW OFFICE of JOHN M. GLACE Jo !lace, Esquire Supr e~JE~ rt ID: 23933 1: ~I9'4 Walnut Street Hah rg, PA 17101-1612 (717) 238-55 Attorney for Plaintiffs Exhibit ~A " In Re: EL1 WESLEY NELSON (DOB: 4/14/02) IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CUSTODY STIPULATION and CUSTODY AGREEMENT THIS AGREEMENT, made this ]~_~ day of May, 2002, by and between SHARON MARIE NELSON, bereinaRer known as "Mother"; and MELVIN and TERESA NELSON, husband and wife, hereinafter known as "Grandparents". WHEREAS, the Mother is the present legal and only physical custodial parent of ELI WESLEY NELSON ( DOB: 4/14/02); and WHEREAS, the biological father of said minor child is unknown and no father is identified on the birth certificate; and WHEREAS, Mother presently resides at 93 Margaret Drive, Mechanicsburg (Silver Spring Township), Cumberland County, Pennsylvania 17050 with her parents MELVIN and TERESA NELSON; and WHEREAS, Grandmother TERESA NELSON is employed full time at Intellimark and, as such, is accorded an employee benefits for legal dependents including full health insurance; and WHEREAS, all parties, who co-reside, desire that Grandparents be the legal custodian and guardian of ELI WESLEY NELSON. NOW, THEREFORE, intending to be legally bound, it is hereby agreed as follows: 1. That full legal and physical custody of ELI WESLEY NELSON be transferred from Mother SHARON MARIE NELSON to her parents and the minor child's Grandparents MELVIN NELSON and TERESA NELSON 2. That Mother SHARON MARIE NELSON shall have no duty of child support absent any further Order of Court. 3. That Grandparents not unreasonably mmstxict visitation of the minor child if Mother should choose to mm-locate fzom the household. IN WRYNESS WHEREOF, the day and year written above. Witn&s 0 (D Witness r._9 (D the parties have hereunto set their hands and seals Sharon Made Nelson, Mother Melvin Nelson, Crran~a~er~ Temmsa Nelson, Grandn[other Sworn or affirmed before me this day /~'J*, 2002~ /~lotaty Public~ ~ -- My Commission Expires: NotarfalSeal Tara D. Haubert, Notary Public 811vet SPring ~tp, Cuml~eSand Oounl~ ,~,~r, ~r~nla a~ ~ ~ VERIFICATION The Undersigned hereby verifies that the facts averred in the foregoing Complaint for Custody are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unswom falsification to authorities. Teresa Nelson k. Date VERIFICATION The Undersigned hereby verifies that the facts averred in the foregoing Complaint for Custody are tree and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unswom falsification to authorities. Date Melvin Nelso~ ~ ~ VERIFICATION The Undersigned hereby verifies that the facts averred in the foregoing Complaint for Custody are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unswom falsification to authorities. Date Sharon Marie Nelson CERTIFICAT~ OF SERVICE I HEREBY CERTIFY that this'21 day of May, 2002 1 have served a tree and correct copy of the foregoing Complaint for Custody, by first class mail, postage l~paid upon: Sharon Marie Nelson 93 Margaret Drive Mechanicsburg, PA 17050 LAW OFFICES of JOHN M. GLACE 13 t134~/alnut Street Hah ~urgJPA. 17101-1612 :1~7) 238-5515 Identification No, 23933 Counsel for Plaintiffs MELVIN NELSON AND TERESA NELSON PLAINTIFF V. SHARON MARIE NELSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-2484 CIVIL ACTION LAW : 1N CUSTODY : ORDER OF COURT AND NOW, Thursday, May 23, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Tuesday, June 25, 2002 at 1:00 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 grotmds 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/ Dawn S. Sunda'v. Esa. ~ Custody Cqnciliator 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 At. Ni-iO0 MELVIN NELSON AND TERESA NELSON, Plaintiffs VS. SHARON MARIE NELSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-2484 CIVIL ACTION LAW : : IN CUSTODY _ORDER OF COURT AND NOW, this it'll' day of ~ , 2002, upon consideration of the attached Custody Conciliation Rep , t is ordered and directed as follows: 1. The Maternal Grandparents, Melvin Nelson and Teresa Nelson, and the Mother, Sharon Marie Nelson, shall have shared legal custody of Eli Wesley Nelson, bom April 14, 2002. 2. The Maternal Grandparents shall have primary physical custody of the Child. 3. The Mother shall have custody of the Child as arranged by agreement, which shall not be unreasonably withheld by the Grandparents. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT Jo cc: John M. Glace, Esquire - Counsel for Plaintiffs Sharon M. Nelson, Mother MELV/N NELSON AND THERESA NELSON, Plaintiffs VS. SHARON MARIE NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2484 CIVIL ACTION LAW 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Eli Wesley Nelson April 14, 2002 Maternal Grandparents 2. A Conciliation Conference was held on June 12, 2002, with the following individuals in attendance: The Maternal Grandparents, Melvin Nelson and Teresa Nelson, with their counsel, John M. Glace, Esquire, and the Mother, Sharon Marie Nelson, who was not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ~ATE- c~_ /,-2: ,--9c_~,..-9-