HomeMy WebLinkAbout06-6687
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA 10 NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
SCOTT A. STADA, single Person,
and GERALD A. STADA and
SUSAN A. STADA, Husband and
Wife,
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
plaintiffs
CIVIL ACTION - CUSTODY
vs.
JENNIFER E. STADA,
Defendant
06 -
f.., l, i 7 ~ 7 c..o-
COMPLAINT/PETITION FOR CUSTODY PURSUANT TO
23 PA.C.S.A. SECTION 5313
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
1. plaintiffs/Petitioners are Scott A. Stada, an adult, single
individual, and Gerald A. Stada and Susan M. Stada, Husband and
Wife, who collectively reside at 900 Conley Drive, Mechanicsburg,
Cumberland County, pennsylvania, 17055.
2. Defendant/Respondent is Jennifer E. Stada, an adult
individual, who has resided at a various addresses during the past
nine months and currently lives at 65 West Louther Street, Carlisle,
pennsylvania, 17013.
3. Jennifer E. Stada is the natural mother of Nicholas J.
Stada, D.O.B. November 26, 2003 (hereinafter referred to as
"child").
4. Plaintiffs, Gerald A. Stada and Susan A. Stada, are the
parents of Jennifer E. Stada and the grandparents of the child.
5. plaintiff Scott A. Stada is the natural brother of Jennifer
E. Stada and the natural uncle of the child.
6. No person has held himself out as the father of the child
and no other person other than the parties named herein has assumed
the role and responsibilities as a parent for the child since the
child's birth. No father is indicated on the child's birth
certificate.
7. During the past nine (9) months, the child has resided with
his grandparents Susan A. Stada and Gerald A. Stada with the consent
of Jennifer E. Stada due to the inability of Jennifer E. Stada to
provide for the physical, emotional and social needs of the child.
8. This action is commenced pursuant to 23 Pa.C.S.A. Section
5313, et seq. due to a concern that the minor child may be removed
from the care of his grandparents named herein for the reasons set
forth below.
9. Jennifer E. Stada has suffered from physical and
psychological challenges during the past twelve (12) months which
have resulted in substantial periods of time wherein she was unable
to care for her needs requiring her admission to the Holy Spirit
Hospital mental health division and group home living arrangements.
10. From mid August 2004 through April of 2005, Jennifer E.
Stada was admitted to the psychiatric unit at Holy Spirit Hospital
and subsequently a group Home in Shippensburg through oversight of
the Stevens Center in Carlisle.
11. From early February 2006 through March 23, 2006, Jennifer
E. Stada was admitted to the Holy Spirit Hospital psychiatric unit,
transferred to Hahneman Hospital and subsequently discharged to live
2
in Harrisburg, pennsylvania.
12. From March 29, 2006 - April 14, 2006, Jennifer E. Stada
was again admitted to the Holy Spirit Hospital psychiatric unit.
13. From April 14, 2006 through the present, Jennifer E. Stada
resided in a group home supervised by the Stevens Center and also
has been admitted to the Holy Spirit Hospital psychiatric ward.
14. During the past nine (9) months, grandparents Susan A.
Stada and Gerald A. Stada have provided for the exclusive care and
support of the minor child, including assisting with the child's
special medical needs and concerns associated with eating disorders
and accompanying physical/mental delays.
15. Since the child's birth, grandparents Susan A. Stada and
Gerald A. Stada have expressed and demonstrated great care and
concern for the child and have also provided for the primary,
emotional and social needs of the child.
16. Jennifer E. Stada is unable to properly care and support
the child due to her own physical and psychological challenges.
17. Scott A. Stada has provided interim and periodic care for
the child together with Gerald A. Stada and Susan A. Stada.
18. plaintiffs seek an award of primary physical and legal
custody of the minor child, or in the alternative, a temporary order
of court granting them primary physical and legal custody pending
further determinations as to whether or not Jennifer E. Stada is
capable of providing proper care, support and assistance to the
minor child.
3
19. The child whom is the subject of this custody proceeding
has primarily resided with Plaintiffs during the past year and has
always lived in the home and care of his grandparents, Susan A.
Stada and Gerald A. Stada.
20. No other custody order exists and plaintiffs do not know of
any other person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights
with respect to the child. The child's birth certificate does not
indicate a father as evidenced by Exhibit "A".
21. An Order of Court is necessary to protect the interests of
the minor child and it is anticipated that the parties herein name9,
will agree to the joint entry of a Custody Order in form similar to
that attached hereto as Exhibit "B".
WHEREFORE, Scott A. Stada, Susan A. Stada and Gerald A. Stada,
Plaintiffs herein, respectfully request that your Honorable Court
enter a Custody Order which grants full legal and physical custody
of the minor child to plaintiffs in accordance with the terms of a
proposed joint stipulation and agreement.
Respectfully submitted,
Date: November i 7 , 2006
Ihdtwl (! . J)~
Andrew C. Sheely, Esquire
Attorney for plaintiffs
PA ID 62469
127 S. Market Street,
P.O. Box 95
Mechanicsburg, PA 17055
(717) 697-7050
4
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.
Date: November i'1
, 2006
i:.~te ~
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.
Date: November J~ , 2006
~
----"::----'-'-
DAlE OF
IltR1lI
11-26-2003
COUNTY OF
BIRTH
DAUPHI
NAME
NICHOLAS
NICHOLAS JAMES STADA
C/O 900 CONLEY DR
MECHANICSBURG PA 17055
Andrew c. Sheely, Esquire
127 s. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (FaX)
SCOTT A. STADA, Single Person,
and GERALD A. STADA and
SUSAN A. STADA, Husband and
wife,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
plaintiffs
CIVIL ACTION - CUSTODY
vs.
.
.
JENNIFER E. STADA,
Defendant
: 06-
ORDER OF COURT
AND NOW, this
day of December, 2006, upon
consideration of the underlying Complaint for Custody and the
attached Joint Stipulation and Agreement for custody of Nicholas
J. Stada, D.O.B. November 26, 2003, is hereby ORDERED, as follows,
(1) plaintiffs, Scott A. Stada, Susan A. Stada and
Gerald A. Stada, shall have shared legal custody of the
child, meaning that they shall have rights to make all major
medical decisions affecting the child's well being including,
but not limited to, all decisions regarding said child's
health, education and religion. plaintiffs shall also be
entitled to all records and information pertaining to the
child including, but not limited to, school and medical
records and information, as available. To the extent Plain-
tiffs or Defendant has possession or control of such records,
that the party in control of such records shall be required
to share the same or copies thereof with the other party
within such reasonable time as to make the records and infor-
mation of reasonable use to the other parent. Defendant,
Jennifer E. Stada shall be notified of any major medical
decisions.
(2) Plaintiffs, Scott A. Stada, Susan A. Stada and
Gerald A. Stada, shall have primary physical custody of the
child.
(3) plaintiffs, Scott A. Stada, Susan A. Stada and
Gerald A. Stada, agree that Jennifer E. Stada may have
temporary custody as agreed upon by the parties.
BY THE COURT,
J.
Andrew C. Sheely, Esquire
Attorney for Plaintiffs
Jennifer E. Stada, Pro Se
2
~
Andrew c. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA 10 NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT A. STADA, Single person, :
and GERALD A. STADA and
SUSAN A. STADA, Husband and
wife,
.
.
plaintiffs
:
CIVIL ACTION - CUSTODY
vs.
JENNIFER E. STADA,
Defendant
06 -
JOINT CUSTODY STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION is entered into this
day of
, 2006, by and between Scott A. Stada, a
single person, Jennifer E. Stada, a single person, and Gerald A.
Stada and Susan A. Stada, Husband and wife.
WHEREAS, Jennifer E. Stada is the natural mother of Nicholas
J. Stada, D.O.B. November 26, 2003, (hereinafter referred to as
the "child"); and
WHEREAS, Scott A. Stada is the brother of Jennifer E. Stada,
son of Gerald A. Stada and Susan A. Stada and uncle of the child;
and
WHEREAS, Gerald A. Stada and Susan A. Stada are the natural
grandparents of the child and the parents of Jennifer E. Stada;
and
WHEREAS, the minor child has been cared for by plaintiff
Scott A. Stada on a periodic basis during the past nine (9)
months; and
WHEREAS, the minor child has resided with his grandparents
Gerald A. Stada and Susan A. Stada for a period of time in excess
of nine (9) months wherein said grandparents have provided nearly
the exclusive care, support and affection for the minor child; and
WHEREAS, Mother, Jennifer E. Stada, suffers from periodic
psychological and physical disorders which do not allow her to
presently assume the role of custody for the child which have
resulted in the child being in the sole care and custody of said
child's grandparents, Gerald A. Stada and Susan A. Stada.
WHEREAS, the parties wish to enter into a Temporary Agreement
and Joint Stipulation relative to custody and partial custody of
the child pending further formal proceedings; and
NOW, THEREFORE, in consideration of the mutual covenants,
promises and agreements as hereinafter set forth, the parties
agree as follows:
(1) Scott A. Stada, Susan A. Stada and Gerald A. Stada,
shall have shared legal custody of the child, meaning that they
shall have rights to make all major medical decisions affecting
the child's well being including, but not limited to all decisions
regarding his health, education and religion. They shall also be
2
entitled to all records and information pertaining to the child
including, but not limited to, school and medical records and
information, as available. To the extent one party has possession
or control of such records, that party shall be required to share
the same or copies thereof with the other party within such rea-
sonable time as to make the records and information of reasonable
use to the other party. Jennifer E. Stada shall be notified of
any major medical decisions.
(2) Scott A. Stada, Susan A. Stada and Gerald A. Stada shall
have primary physical custody of the child in accordance
with the terms of this Agreement.
(3) Scott A. Stada, Susan A. Stada and Gerald A. Stada agree
that Jennifer E. Stada may have temporary custody as agreed upon
by the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written.
WITNESS:
Scott A. Stada
Jennifer E. Stada
Susan A. Stada
Gerald A. Stada
3
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Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA 10 NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
SCOTT A. STADA, Single Person,
and GERALD A. STADA and
SUSAN A. STADA, Husband and
Wife,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
Plaintiffs
:
vs.
CIVIL ACTION - CUSTODY
.
.
JENNIFER E. STADA,
Defendant
06 - 6687
JOINT CUSTODY STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION is entered into this
day of "'f){~fIIber , 2006, by and between Scott A. Stada, a
:J.lf4t
single person, Jennifer E. Stada, a single person, and Gerald A.
Stada and Susan A. Stada, Husband and Wife.
WHEREAS, Jennifer E. Stada is the natural mother of Nicholas
J. Stada, D.O.B. November 26, 2003, (hereinafter referred to as
the "child"); and
WHEREAS, Scott A. Stada is the brother of Jennifer E. Stada,
son of Gerald A. Stada and Susan A. Stada and uncle of the child;
and
WHEREAS, Gerald A. Stada and Susan A. Stada are the natural
grandparents of the child and the parents of Jennifer E. Stada;
and
WHEREAS, the minor child has been cared for by Plaintiff
Scott A. Stada on a periodic basis during the past nine (9)
months; and
WHEREAS, the minor child has resided with his grandparents
Gerald A. Stada and Susan A. Stada for a period of time in excess
of nine (9) months wherein said grandparents have provided nearly
the exclusive care, support and affection for the minor child; and
WHEREAS, Mother, Jennifer E. Stada, suffers from periodic
psychological and physical disorders which do not allow her to
presently assume the role of custody for the child which have
resulted in the child being in the sole care and custody of said
child's grandparents, Gerald A. Stada and Susan A. Stada.
WHEREAS, the parties wish to enter into a Temporary Agreement
and Joint Stipulation relative to custody and partial custody of
the child pending further formal proceedings; and
NOW, THEREFORE, in consideration of the mutual covenants,
promises and agreements as hereinafter set forth, the parties
agree as follows:
(I) Scott A. Stada, Susan A. Stada and Gerald A. Stada,
shall have shared legal custody of the child, meaning that they
shall have rights to make all major medical decisions affecting
the child's well being including, but not limited to all decisions
regarding his health, education and religion. They shall also be
2
. >
entitled to all records and information pertaining to the child
including, but not limited to, school and medical records and
information, as available. To the extent one party has possession
or control of such records, that party shall be required to share
the same or copies thereof with the other party within such rea-
sonable time as to make the records and information of reasonable
use to the other party. Jennifer E. Stada shall be notified of
any major medical decisions.
(2) Scott A. Stada, Susan A. Stada and Gerald A. Stada shall
have primary physical custody of the child in accordance
with the terms of this Agreement.
(3) Scott A. Stada, Susan A. Stada and Gerald A. Stada agree
that Jennifer E. Stada may have temporary custody as agreed upon
by the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first
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Andrew C. Sheely, Esquire
127 S. Market street
P.O. Box 95
Mechanicsburg, PA 17055
PA,ID NO. 62469
711-697-7050 (Phone)
717-697-7065 (Fax)
SCOTT A. STADA, Single Person,
and GERALD A. STAI)A and
SUSAN A. STADA, Husband and
Wife,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
Plaintiffs
vs.
: CIVIL ACTION - CUSTODY
.
.
JENNIFER E. STADA,
Defendant
06 - 6687
.
.
ORDER OF COURT
AND NOW, this
5t~
day of December, 2006, upon
consideration of tbe underlying Complaint for Custody and the
attached Joint Stipulation and Agreement for custody of Nicholas
J. Stada, D.O.B. November 26, 2003, is hereby ORDERED, as follows,
(1) Plaintiffs, Scott A. Stada, Susan A. Stada and
Gerald A. Stada., shall have shared legal custody of the
child, meaning that they shall have rights to make all major
medical decisions affecting the child's well being including,
but not limited to, all decisions regarding said child's
health, education and religion. Plaintiffs shall also be
entitled to all records and information pertaining to the
child including, but not limited to, school and medical
records and information, as available. To the extent Plain-
tiffs or Defendant has possession or control of such records,
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that the paI"ty in control of such records shall be required
to share the~ same or copies thereof with the other party
within such reasonable time as to make the records and infor-
mation of reasonable use to the other parent. Defendant,
Jennifer E. Stada shall be notified of any major medical
decisions.
(2) Plaintiffs, Scott A. Stada, Susan A. Stada and
Gerald A. Stada, shall have primary physical custody of the
child.
(3) Plaintiffs, Scott A. Stada, Susan A. Stada and
Gerald A. Stada, agree that Jennifer E. Stada may have
temporary custody as agreed upon by the parties.
BY THE COURT,
~~
Andrew C. Shl~ely, Esquire
Attorney for Plaintiffs
Jennifer E. Stada, Pro Se
~~
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