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HomeMy WebLinkAbout02-3784CHRISTINE M. HERSHEY, Plaintiff VS. PHILLIP W. BOLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 3 ?£ ~ CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiffis Christine M. Hershey, residing at 315 Farmington Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant is Phillip W. Boles, residing at 174 S. Main St. Apt. 3, Chambersburg, Franklin County, Pennsylvania 17201. 3. The plaintiff seeks custody of the following child: Name Present Residence Age Bryson W. Boles-Hershey 315 Farmington Drive 18 months Shippensburg, PA 17257 The child was bom out of wedlock. The child is presently in the custody of the mother, who resides at 315 Farmington Drive, Shippensburg, Cumberland County, Pennsylvania 17257. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Christine M. Hershey, Michael A. Woods and Daquan L. Woods (half-siblings) Ad&ess 316 Dwelling Court Shippensburg, PA 17257 Date Jan. 2001-Feb. 2001 Christine M. Hershey, Michael A. Woods and Daquan L. Woods (half-siblings) Christine M. Hershey, Michael A. Woods and Daquan L. Woods (half-siblings) Phillip W. Boles Christine M. Hershey, Michael A. Woods and Daquan L. Woods (half-siblings) 315 Farmington Drive Shippensburg, PA 17257 315 Farmington Drive Shippensburg, PA 17257 315 Farmington Drive Shippensburg, PA 17257 Feb. 2001-April 2002 April 2002-June 2002 June 2002-present The mother of the child is Christine M. Hershey, currently residing at 315 Farmington Drive, Shippensburg, Pennsylvania 17257. She is single. The father of the child is Phillip W. Boles, currently residing at 174 S. Main St. Apt. 3, Chambersburg, Pennsylvania 17201. He is single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Nanle Bryson W. Boles-Hershey Daquan L. Woods Michael A. Woods Relationship son son son 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Donald Boles brother 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff does not know of a 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: i.) The mother has been the primary caregiver since the child's birth and she has established a stable residence for the child and his half-siblings. ii.) The father has not acted in the best interest of the child in ways including but not limited to the following: a. The father went to the mother's residence on July 14, 2002 at 12:30 a.m. and took the child out of her custody, without her consent, causing the mother to fear for the child's safety because the father refused to tell her where he was taking the child and he did not take sufficient food or clothing for the child. He did not return the child for almost twenty-four hours. b. The father has not been gainfully employed for at least four months. c. The father resides with his brother in a home not suitable for a child. d. The father is again threatening to remove the child from the mother's custody and a custody order will stabilize the situation so that the child is not further traumatized. 10. 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. WHEREFORE, the plaintiff requests this Court to grant primary physical custody of the child to the plaintiff with partial custody in the defendant every other weekend and at times mutually agreed upon by the parties. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Custody Complaint are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of lB Pa.C.S. §4904, relatingrff)mswor9 falsification~to autj~orities. ~'~Christine M. I-'lershe~, Petitionel~/ Christine M. Hershey, Plaintiff Phillip W. Boles, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 02-~7£~CIVIL TERM : PRAECIPE TO PROCF. FD IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Christine M. Hershey, Plaintiff, to proceed in forma pauperis. I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 CHRISTINE M. HERSHEY PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3784 CIVIL ACTION LAW PHILLIP W. BOLES : IN CUSTODY DEFENDANT : ORDER OF COURT AND NOW, Wednesday, August 14, 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, at4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 12, 2002 at 10:30 AM 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. Gilroy, Esq. 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 CHRISTINE M. HERSHEY, Plaintiff VS. PHILLIP W. BOLES, Defendant : In The Court of Common Pleas of : : CUMBERLAND County, Pennsylvania : No. 02-3784 Civil Temi : Custody PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Please reinstate the Complaint filed in the above-captioned case. Respectfully Submitted, CHRISTINE M. HERSHEY, Plaintiff PHILLIP W. BOLES, Defendant : IN TFFE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : _. : NO. 2002-3784 CML TERM : CML ACTION - LAW .. : IN CUSTODY AFFIDAVIT OF SERVICE FOR PERSONAL SERVICE I, ~)~~ ,doherebyswearthatihaveservedPbillipW. Boles with a Custody Complaint and Continuance pursuant to Rule 1930.4(a)(1) of the Pennsylvania Rules of Civil Procedure by personally handing him a copy at (Street Number and Address) (City) (State) (Zip) at I~ S '~ ¢ .m. on the [~ -I,k day ,2002. (Time) (Date) (Mo (name of person who pl~formed service) , verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalities of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities Date: ~.~-. o~c3~ ~ ~. Signature: CHRISTINE M. HERSHEY, Plaintiff PHILLIP W. BOLES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : : NO. 02 - 3784 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~ day of October, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Christine M. Hershey, and the Father, Phillip W. Boles, shall enjoy shared legal custody of Bryson W. Boles-Hershey, born January 21, 2001. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall have periods of temporary physical custody with the minor child as follows: A. On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. At such other times as agreed upon by the parties. 4. Father shall provide all transportation for exchange of custody. 5. Both parties shall keep each other advised with respect'to addresses, phone numbers, emergency matters relating to the minor child, schooling issues relating to the minor children and other pertinent information. 6. No party may do anything that will estrange the child from the other parent or injure the opinion of the child as to the other parent. This order is entered pursuant to a recommendation from the conciliator after a custody conciliation conference where the Father was not present. In the event the Father desires to modify this order, the Father may petition the court to have the case again scheduled before the conciliator. CCI David Lopez, Esquire Phillip W. Boles 174 South Main Street, Apt. 3 Chambersburg, PA 17201 CHRISTINE M. HERSHEY, Plaintiff PHILLIP W. BOLES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 3784 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: Bryson W. Boles-Hershey, born January 21, 2001. A Conciliation Conference was held on October 10, 2002, with the following individuals in attendance: The Mother, Christine M. Hershey, with her counsel, David Lopez. The Father, Phillip W. Boles, did not appear. Attorney Lopez indicated that a Certificate of Service was filed showing the Father had been served with notice of the hearing. Based upon the discussion with the Mother at the custody conciliation conference, the conciliator recommends the entry of an order in the form as attached.