HomeMy WebLinkAbout02-4021F oy? S 4a-k-e s
VS.
)k' CJ-eY??
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
? c-* 7
CIVIL ACTION IN CUSTODY
NO.
i?, ern
_
Z ?
NOTICE TO DEFEND
TO THE RESPONDENTS NAMED HEREIN:
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Petition and Notice are served, by
entering a written appearance personally or by attorney and filing in writing with the Court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so, the case may
proceed without you, and a judgment may be entered against you by the Court without further notice for
any money claimed in the Petition or for any other claim or relief requested by the Plaintiffs. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER 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
Two Liberty Avenue
Carlisle, PA 17013
(717)249-3166
Le han demandado a usted enla corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene viente (20) dias de plazo al par-tie de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita o en persona o per abogado y archivar en la corte
en forma escrita sus defensas o sus objectones a las demandas en contra de su persona. Sea avisado que si
usted no se defiende, ]as corte tomara medidas y puede entrar una orden contra usted sin previo aviso o
notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder
dinero o sus propiedades o otros derechos importantes para usted.
Floq? 54b?e-5
VS. _
Lis tip (I
COMPLAINT IN CUSTODY
e- I The plaintiff is b 5 +b kle", residing at 17 14 L o d c?v? '7 Y??
2. The defendant is e e Y residing at !5; 0/?
I?on, <?.,oe? ???'i??? PA- 0bI?.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION IN CUSTODY
NO.
Plaintiff seeks (custody), (partial custody), (visitation) of the following child(ren):
NAME
PRESENT ADDRESS
AGE
Ile tit, L?i-?rtv ?? (Q ?oct'l ?pAf io13
Theo(ren) (v®(was not) bom out of wedlock.
Th chi ren) is presently in the custody of Le5hg. who resides at
,=- 1 1 _ w I _ .A-L. /' - f I _ _ 44-, C' _a,,- t o , IPA 17 01 i
During the past five years, the child(ren) has resided with the following persons at the following
addresses:
LIST OF PERSONS
ADDRESSES
DATES
e-?.? V?(,t
I
1? /
g?q 15+_ f
sl b pl Co 11?w?_ Ste.
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O - Y ?r?
The mother of th chil ren) is
residing at
She is ing e married)(divorced). C
The father of th chil en) is F I o > k?? --currently residing at
K '- H iivv; S k w--4 , P-4 ( ) aL
He is (single) marrie divorced). ((?'? `?
4. The relationship of the Plaintiff to th child en) is: TG -?-yt-e? The Plaintiff currently
resides with :
NAME
4 S1???? 5 k?s
RELATIO IP
W -e-
5. The relationship of the Defendant to the chil en) is: V6A-10 ke-A The Defendant
currently resides with :
NAME RELATIONSHIP
/? S ? ? ?r • C?V`??? ? Wl o ?
6. Plaintiff (has as no) participated as a party or witness, or in another capacity, in other litigation
concerning the custody of this minor (hil en) in this or another court. (if so)The court, term and
number, and its relationship to this action is:
Plaintiff (has has n information of a custody proceeding concerning the child(ren)
pending in a court of this Commonwealth. (if so)The court, term and number and its relationship
to this action
Plaintiff (knows 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.
7
8.
The name and address of such a person is:
The best interest and permanent welfare of the child will be served by granting the relief requested
,(.?o ?..?. Qv ?J 4 S t r T- t7...?/is? L 11 !PTO
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Each parent whose parental rights to the child have not been terminated and the person who as
physical custody of the child have been named as parties to this action. All other persons, named
below, who are known to have or claim a right to custody or visitation of the child will be given
notice of the pendency of this action and the right to intervene:
NAME
ADDRESS
BASIS OF CLAIM
WHEREFORE, Plaintiff requests this court to gran (custo y temporary custody)(visitation) of the
Oren) to the Plaintiff.
Respectfully submitted,
L DL
Date
I verify that the statements made in this Complaint are true and correct. I understand that false
Statementsiherein are made subject to the penalties of 18 Pa.C.S._ § 4904 relating to unsworn -
falsification to authorities.
Plaintiff
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FLOYD STOKES IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 02-4021 CIVIL ACTION LAW
LESLIE A. CHERRY
DEFENDANT
. IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, September 04, 2002 , 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 301 Market Street, Lemoyne, PA 17043 on Monday, September 30, 2002 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/ Melissa P. Greeyy, Esq. 4VY?
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
trl.Nyilll SNN2,4
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OCT 0 8 2002
FLOYD STOKES,
Plaintiff
V.
LESLIE A. CHERRY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4021 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this j/" day of October, 2002, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Custody. The parties, Floyd Stokes and Leslie A. Cherry, shall have
shared legal custody of the minor child, Devin L. Stokes-Cherry, born May 4, 1994. Each
parent shall have an equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the child's general well-being including, but not
limited to, all decisions regarding his health, education and religion. Pursuant to the terms
of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to
the child including, but not limited to, medical, dental, religious or school records, the
residence address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent. Both parents shall be
entitled to full participation in all educational and medical/treatment planning meetings and
evaluations with regard to the minor child. Each parent shall be entitled to full and complete
information from any physician, dentist, teacher or authority and copies of any reports given
to them as parents including, but not limited to: medical records, birth certificates, school or
educational records, attendance records or report cards. Additionally, each parent shall be
entitled to receive copies of any notices which come from school with regard to school
pictures, extracurricular activities, child's parties, musical presentations, back-to-school
night, and the like.
2. Physical Custody. Mother shall have primary physical custody. Father shall
have partial custody arranged as follows:
A. To commence October 4, 2002 on alternate weekends from
Friday at 3:30 until Sunday at 7:30 p.m.
B. Effective September 30, 2002, each Monday after school until
9:00 p.m. until football season is over.
c 9 :?,1 11!j f I i ?o Zj3
NO. 02-4021 CIVIL TERM
C. Following the completion of football season, each Tuesday after
school until 9:00 p.m.; and alternate Thursdays after school until 9:00 p.m.
Thursday visits shall commence the first Thursday after football season is over
and prior to Mother's custodial weekend.
3. Holidays.
A. Christmas. Christmas shall be divided into two segments,
Segment A and Segment B. Segment A shall be from December 24th at 9:00
a.m. until December 25th at 3:00 p.m. Segment B shall be from December 25th
at 3:00 p.m. until December 26th at 5:00 p.m. In even-numbered years, Mother
shall have Segment A and Father shall have Segment B. In odd-numbered
years, Father shall have Segment A and Mother shall have Segment B.
B. Thanksgiving. Effective with 2002, Mother and Father shall
share Thanksgiving holiday in a three year rotation which provides that Mother
shall have the Thanksgiving holiday for two years consecutively followed by
the following year when Father has the holiday. Therefore, Mother shall have
the Thanksgiving holiday for 2002 and 2003, followed by Father having the
holiday for 2004. The Thanksgiving holiday shall be defined as the
Wednesday preceding the holiday at the time of school dismissal until Sunday
at 9:00 p.m. following Thanksgiving.
C. New Year's Eve. New Year's Eve shall be defined as the period
from December 30 at 9:00 a.m. until January 1St at 9:00 p.m. Father shall
have New Year's Eve in 2002 and 2003. Mother shall have New Year's Eve in
2004 on a similar rotating schedule to the arrangements that the parties have
for the Thanksgiving holiday above.
4. Neither party shall schedule new activities for the child that will impede the
other parent's custodial time without their express agreement.
5. It shall be permissible for LaShana A. Stokes to be designated as a person
who may pickup the child at school.
6. This Order is temporary in nature. The parties may vary from its terms by their
express mutual agreement. However, in the event that the parties do not agree, the terms
of this Order shall control.
NO. 02-4021 CIVIL TERM
7. The Custody Conciliation Conference shall reconvene on January 6,
2003 at 1:00 p.m. at the office of the Custody Conciliator, Melissa Peel Greevy,
Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the
Custody Conciliation Conference reconvenes that the parties shall be prepared to discuss
custodial time for Easter and summer vacation.
BY THE COURT:
J.
Dist: Floyd Stokes, 1714 Logan Street, Harrisburg, PA 17102 1 -
Fiona Line, Esquire, 550 W. Penn Street, Carlisle, PA 17013 /IVUuQ?? /b-lG-D -L
Ott 0 8 2002
FLOYD STOKES,
Plaintiff
V.
LESLIE A. CHERRY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4021 CIVIL TERM
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
Devin L. Stokes-Cherry May 4, 1994
CURRENTLY IN THE CUSTODY OF
Mother
2. The parties were seen for a Custody Conciliation Conference on September
30, 2002 pursuant to a Complaint filed by Father on August 23, 2002. Father appeared at
the Conference one-half hour late and was pro se. Mother attended with her counsel, Fiona
Line, Esquire.
3. The parties reached an agreement as to a Temporary Order in the form of an
Order as attached.
Date '
t
, )rz
Melissa Peel Greevy, Esquire
Custody Conciliator
:163515
FFB 19 2003
FLOYD STOKES,
V.
Plaintiff
LESLIE A. CHERRY,
HESS, J. ---
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4021 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this z- W ` day of February, 2003, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. This Court's Order of October 11, 2002 shall remain in full force and effect with
the following modifications:
A. During the period of the summer school recess, Father's
Tuesday and alternate Thursday periods of partial custody are extended to the
following morning.
B. During the school year, and in the absence of the prediction of or
occurrence of a significant snow fall, it shall be permissible for Father's
Tuesday periods of partial custody specified in Paragraph 2-C, to be extended
until Wednesday morning.
C. By May 1St of each year, Father will notify Mother of his planned
vacation for the summer school recess. Mother will continue to endeavor to
make Devin available to be with his siblings and Father during the period of
the summer school recess when the siblings are with Father.
D. In the event that Father needs to change his custodial time
provided for in this Order, he will provide Mother one week notice except in the
incident of an emergency.
BY THE COURT:
A. Hess, J.
Dist: Floyd Stokes, 1714 Logan Street, Harrisburg, PA 17102 `
Leslie A. Cherry, 516 N. College Street, Carlisle, PA 17013 ?.2 `a'o_3
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FLOYD STOKES,
V.
LESLIE A. CHERRY,
Plaintiff
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4021 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
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 THE CUSTODY OF
Devin L. Stokes-Cherry May 4, 1994
Mother
2. The parties were seen for a Custody Conciliation Conference on January 29,
2003 pursuant to an agreement to reconvene which was reached at the Custody
Conciliation Conference held on September 30, 2002. Both parties appeared pro se.
Father again appeared late for the Conference.
3. The parties reached an agreement in the form of an Order as attached.
4. Father was cautioned that if he continues to appear
Custody
Conciliation Conferences, the matter may be referred to the Court for acontempt hearing.
Date elissa Peel Greevy, Esquire
Custody Conciliator
:200394
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FLOYD STOKES,
Petitioner
CIVIL ACTION - LAW
V. IN CUSTODY
LESLIE A. CHERRY, NO. 02-4021 CIVIL TERM
Respondent
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER 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
(717) 249-3166
NOTICIA
Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o per abogado
y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden
contra usted sin previo aviso o notificacion ypor cualguier quej a o alivio que es pedido en la peticion
de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted.
LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SINOTIENEABOGADO
O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL
O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA
ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
HANFT & KNIGHT, P.C.
Michael J. Hanflftl,, Esquir
Attorney ID No. 57976
Sean M. Shultz, Esquire
Attorney ID No. 90946
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Attorneys for Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FLOYD STOKES,
Petitioner
CIVIL ACTION - LAW
V. IN CUSTODY
LESLIE A. CHERRY, NO. 02-4021 CIVIL TERM
Respondent
PETITION TO MODIFY CUSTODY
AND NOW, this1Y day of March, 2004, comes the Petitioner, FLOYD STOKES, by and
through his attorneys, Hanft & Knight, P.C., and files the following Petition to Modify Custody and
in support thereof avers as follows:
1. The Petitioner is Floyd Stokes, an adult individual residing at 1714 Logan Street,
Harrisburg, Dauphin County, Pennsylvania 17102.
2. The Respondent is Leslie A. Cherry, an adult individual with a mailing address of 516
North College Street, Carlisle, Cumberland County, Pennsylvania 16921.
3. Petitioner seeks a modification of the Order of Court dated October 11, 2002, Docket
Number 02-4021 Civil Term, a copy of which is attached hereto and made a part hereof and is
marked as Exhibit "A."
4. Petitioner seeks primary custody of the following child:
Name Present Residence Age
Devin L. Stokes-Cherry 516 North College Street 9 (DOB 5/4/94)
("Devin") Carlisle, Pennsylvania 17013
Devin was born out of wedlock.
Devin is presently in the physical custody of the Respondent.
In addition to Devin's present address, during the past five years, Devin has resided with the
following persons at the following addresses:
Name Address Dates
Leslie A. Cherry and Address Unknown 1999-2001
Ryan Avery Gidderon-Cherry
The mother of Devin is the Respondent, Leslie A. Cherry, with a current mailing address of
Carlisle, Cumberland County, Pennsylvania 17013.
The father of Devin is the Petitioner, Floyd Stokes, who resides at 1714 Logan Street,
Harrisburg, Dauphin County, Pennsylvania 17102.
5. The relationship of Petitioner to Devin is that of father. He is married. The Petitioner
currently resides with his wife, LaShana Stokes.
The relationship of the Respondent to Devin is that of mother. She is unmarried. The
Respondent currently resides with Devin and Devin's half-brother, Ryan Avery Gideron-Cherry.
The Petitioner has previously participated in litigation concerning custody of the
above-named child in this Court at the above-referenced docket. An Order of Court was entered on
October 11, 2002. Said Order is cited in Paragraph 3 above and is attached hereto as Exhibit "A"
and by reference incorporated herein.
The Petitioner has no knowledge of any custody proceedings concerning the custody of the
child pending before this or any other Court.
The Petitioner 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.
The best interests and permanent welfare of Devin will be met if the custody order
is modified to grant Petitioner primary physical custody because:
a) The Petitioner is a fit parent who can best take care of Devin;
b) The Petitioner can provide Devin with a home with adequate moral, emotional
and physical surroundings as required to meet Devin's needs;
C) The Petitioner is, and has always been, willing to accept custody of Devin;
d) The Petitioner continues to exercise parental duties and responsibilities and enjoys
the love and affection of Devin; and
e) The previous Order does not reflect the present custody circumstances.
f) The child has recently been having behavioral problems at school and would benefit
from being in the primary custody of Petitioner.
g) Petitioner's work schedule has changed in such a way as to give him greater
flexibility to spend more time with Devin.
9. Each parent whose parental rights to Devin have not been terminated and the person
who has physical custody of Devin have been named as parties to this action. There are no other
persons who are known to have or claim a right to custody or visitation of Devin.
WHEREFORE, the Petitioner respectfully requests Your Honorable Court modify the
Custody Order dated October 11, 2002, and grant Petitioner primary physical custody of the child,
Devin L. Stokes-Cherry subject to Respondent's periods of custody and visitation.
Respectfully submitted,
HANFJ_& KNIGHT, P.C.
Michael J. Hanft, Es re
Attorney ID No. 579i
Sean M. Shultz, Esquire
Attorney ID No. 90946
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Attorneys for Petitioner
F'.%User Fold«W&m Doc1\Gendoes2004\3326-2. petitioo-niodify.custody wpd
Verification
I verify that the statements made in the foregoing Petition to Modify Custody are true and correct
to the best of my knowledge, information and belief. This Verification is made only as to the factual
averments contained herein, and not to legal conclusions and averments authored by counsel in his capacity
as attorney for the party or parties hereto. I understand that false statements herein are made subject to
the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities.
F'AUse,F.Id Ti,mDoesVGen&.20NA3316-2-verifications wpd
OPT 0 8 2002
FLOYD STOKES,
Plaintiff
V.
LESLIE A. CHERRY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4021 CIVII TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this day of October, 2002, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Custody. The parties, Floyd Stokes and Leslie A. Cherry, shall have
shared legal custody of the minor child, Davin L, Stokes-Cherry, born May 4, 1994. Each
parent shall have an equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the child's general well-being including, but not
limited to, all decisions regarding his health, education and religion. Pursuant to the terms
of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to
the child including, but not limited to, medical, dental, religious or school records, the
residence address of the child and of the other parent, To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent. Both parents shall be
entitled to full participation in all educational and medical/treatment planniny rneetings and
evaluations with regard to the minor child. Each parent shall be entitled to full and complete
information from any physician, dentist, leacher or authority and copie3 of any reports given
to them as parents including, but not limited to: medical records, birth certificates, school or
educational records, attendance records or report cards. Additionally, each parent shall be
entitled to receive copies of any notices which come from school with regard to school
pictures, extracurricular activities, child's parties, musical presentations, back-to-school
night, and the like.
2. Physical Custody, Mother shall have primary physical custody. Father shall
have partial custody arranged as follows:
A. To commence October 4, 2002 on alternate weekends from
Friday at 3:30 until Sunday at 7:30 p.m.
F3- Effective September 30, 2002, each Monday after school until
9:00 p.m. until football season is over.
Exhibit "A"
N0.02-4021 CIVIL TERM
C. Following the completion of football season, each Tuesday after
school until 9:00 p.m.; and alternate Thursdays after school until 9:00 p.m.
Thursday visits shall commence the first Thursday after football season is over
and prior to Mother's custodial weekend.
3. Holidays.
A, Christmas. Christmas shall be divided into two segments,
Segment A and Segment B. Segment A shall be from December 241'' at 9:00
a.m. until December 25th at 3!00 p.m. Segment B shall be from December 25th
at 3:00 p.m. until December 26"' at 5:00 p.m. In even-numbered years, Mother
shall have Segment A and Father shall have Segment B. In odd-numbered
years, Father shall have Segment A and Mother shall have Segment B.
B. Thanksgiving. Effective with 2002, Mother and Father shall
share Thanksgiving holiday in a three year rotation which provides that Mother
shall have the Thanksgiving holiday for two years consarittively followed by
the following year when Father has the holiday, Therefore, Mother shall have
the Thanksgiving holiday for 2002 and 2003, followed by Father having the
holiday for 2004. The Thanksgiving holiday shall be defined as the
Wednesday preceding the holiday at the time of school dismissal until Sunday
at 9:00 p.m. following Thanksgiving.
C. New Year's Eve. New Year's Eve shall be defined as the period
from December 3 at 9:00 a.m. until January 11t at 9:00 p.m. Father shall
have New Year's Eve in 2002 and 2003. Mother shall have New Year's Fve in
2004 on a similar rotating schedule to the arrangements that the parties have
for the Thanksgiving holiday above.
4. Neither party shall schedule new activities for the child that will impede the
other parent's custodial time without their express agreement,
5. It shall be permissible for LaShana A. Stokes to be designated as a person
who may pickup the child at school.
6. This Order is temporary in nature. The parties may vary from its terms by their
express mutual agreement, However, in the event that the parties do not agree, the terms
of this Order shall control.
NO, 02-4021 CIVIL TERM
/, The Custody Conciliation Conferenco shall reconvene on January 6,
2003 at 1:00 p.m. at the office of the Custody Conciliator, Melissa Peel Greevy,
Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the
Custody Conciliation Conference reconvenes that the parties shall be prepared to discuss
custodial time for Easter and summer vacation.
BY THE COURT:
J.
Dist: Floyd Stokes, 1714 Logan Street, Harrisburg, PA 17102
Fiona Line, Esquire, 550 W. Penn Street, Carlisle, PA 17013
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FLOYD STOKES,
Plaintiff
V.
LESLIE A. CHERRY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4021 CIVIL TERM
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 13IRTH
CURRENTLY IN THE CUSTODY OF
Devln L. Stokes-Cherry May 4, 1994 Mother
2. The parties were seen for a Custody Conciliation Conference on September
30. 2002 pursuant to a Complaint filed by Father on August 23, 2002. Father appeared at
the Conference one-half hour late and was pro se. Mother attended with her counsel, Fiona
Line, Esquire.
3. The parties reached an agreement as to a Temporary Order in the form of an
order as attached. -
ro'(?L/e
Datb '
Melissa Peel Greevy, Esquire
Custody Conciliatur
163515
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FLOYD STOKES IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 02-4021 CIVIL ACTION LAW
LESLIE A. CHERRY IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday March 29, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P Greevy Esq. the conciliator,
Tuesday, April 20, 2004 at 1:00 PM
at 301 Market Street, Lemoyne, PA 17043 on
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: Is/ Melissa P Gneo n, Fga -mhc
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
32 South Bedford Street
Carlisle, Pennsylvania 1.7013
Telephone (717) 249-3166
? ? ?r<p 4, ,yam.,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FLOYD STOKES,
V.
Petitioner
LESLIE A. CHERRY,
Respondent
CIVIL ACTION - LAW
IN CUSTODY
NO. 02 - 4021 CIVIL TERM
RESPONDENT'S ANSWER TO PETITION TO MODIFY CUSTODY
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted that Father is currently seeking primary custody of Devin L. Stokes-Cherry;
Mother currently has primary physical custody of the child and opposes Father's request for
primary custody.
During the past five years, Devin has resided with the following persons at the following
addresses:
Name
Leslie A. Chevy
Ryan Avery Gidderon-Cherry
Leslie A. Cherry
Ryan Avery Gidderon-Chevy
5. Admitted.
6. Admitted.
Address Dates
College Apartments 1999 - 2001
Carlisle, Pa. 17013
516 N. College St. 2001 - present
Carlisle, Pa. 17013
7. Admitted.
8. Mother denies that the best interests and permanent welfare of Devin will be met if
Petitioner is granted primary custody because:
a) Mother has been the primary caretaker for Devin since birth; she has provided
excellent care for Devin and she is in the best position to continue to provide care for
Devin;
b) Mother has consistently provided Devin with a loving home with adequate moral,
emotional, and physical surroundings as required; Father was the subject of a recent
investigation by Cumberland County Children and Youth Services.
c) Mother denies that Father has always been willing to accept custody of Devin; Father
only requested custody after a support order was entered;
d) Mother also continues to exercise parental duties attendant with primary physical
custody and enjoys love and affection of Devin;
e) Admitted; the previous custody order does not represent the current arrangements;
Mother is requesting that the child's overnight visits with father during the week be
limited during the school year since these visits appear to be disruptive to the child's
schooling.
f) Mother admits that the child has had behavioral problems as school; however, mother
denies that the child would benefit from being in the primary custody of Father. Mother
had arranged for Devin to meet with a psychologist to address the child's behavioral
problems and Mother has had consistent communication with Devin's school counselor;
Father would not consent to allow Devin to meet with the psychologist and as a result the
services had to be discontinued.
g) Mother has no specific knowledge regarding Father's schedule; Mother does not
oppose father spending additional quality time with the child; however, Mother does not
believe it would be in the best interest of the child for him to live primarily with father at
this time.
9. Admitted
Respectfully submitted,
Date: 14 . Iq . 0 "I
Adams, Esquire
No. 79465
louth Pitt Street
isle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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: LESLIE A. CHERRY, Respondent
APR 3 0 2004
FLOYD STOKES,
V.
Plaintiff
LESLIE A. CHERRY,
Hess, J. ---
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4021 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this V?4_ day of rn ' , 2004, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. This Court's Orders of October 11, 2002, and February 24, 2003, are
VACATED.
2. Legal Custody. The parties, Floyd Stokes and Leslie A. Cherry, shall have
shared legal custody of the minor child, Devin L. Stokes-Cherry, born May 4, 1994. Each
parent shall have an equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the child's general well-being including, but not
limited to, all decisions regarding his health, education and! religion. Pursuant to the terms
of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to
the child including, but not limited to, medical, dental, religious or school records, the
residence address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent. Both parents shall be
entitled to full participation in all educational and medical/treatment planning meetings and
evaluations with regard to the minor child. Each parent shall be entitled to full and complete
information from any physician, dentist, teacher or authority and copies of any reports given
to them as parents including, but not limited to: medical records, birth certificates, school or
educational records, attendance records or report cards. Additionally, each parent shall be
entitled to receive copies of any notices which come from school with regard to school
pictures, extracurricular activities, child's parties, musical presentations, back-to-school
night, and the like.
3. Physical Custody. Mother shall have primary physical custody. Father shall
have partial custody to be arranged as follows:
b'Ii,?E1A?I??SPII?I?d
Sh :Z W8 S- Owh00Z
Jdv!a0V Q-(B'i
NO. 02-4021 CIVIL TERM
A. To commence on April 23, 2004, on alternate Fridays from 3:30
p.m. until the child is returned on Monday morning in time for school by Father.
B. Effective April 29, 2004, on alternating Thursdays from after
school until Friday morning when the child is returned to school by Father.
4. Holidays.
A. Christmas. Christmas shall be divided into two segments,
Segment A and Segment B. Segment A shall be from December 24th at 9:00
a.m. until December 25th at 3:00 p.m. Segment B shall be from December 25th
at 3:00 p.m. until December 26th at 5:00 p.m. In even-numbered years, Mother
shall have Segment A and Father shall have Segment B. In odd-numbered
years, Father shall have Segment A and Mother shall have Segment B.
B. Thanksgiving. Effective with 2002, Mother and Father shall
share Thanksgiving holiday in a three year rotation which provides that Mother
shall have the Thanksgiving holiday for two years consecutively followed by
the following year when Father has the holiday. Therefore, Mother shall have
the Thanksgiving holiday for 2002 and 2003, followed by Father having the
holiday for 2004. The Thanksgiving holiday shall be defined as the
Wednesday preceding the holiday at the time of school dismissal until Sunday
at 9:00 p.m. following Thanksgiving.
C. New Year's Eve, New Year's Eve shall be defined as the period
from December 30 at 9:00 a.m. until January 151 at 9:00 p.m. Father shall
have New Year's Eve in 2002 and 2003. Mother shall have New Year's Eve in
2004 on a similar rotating schedule to the arrangements that the parties have
for the Thanksgiving holiday above.
5. Neither party shall schedule new activities for the child that will impede the
other parent's custodial time without their express agreement.
6. It shall be permissible for LaShana A. Stokes to be designated as a person
who may pickup the child at school.
7. This Order is temporary in nature. The parties may vary from its terms by their
express mutual agreement. However, in the event that the parties do not agree, the terms
of this Order shall control.
NO. 02-4021 CIVIL TERM
8. The parties will participate in co-parent counseling to improve their ability to
work cooperatively as parents focusing on the child's needs. The parties shall also
participate in therapeutic family counseling with the child regarding the issues which have
arisen regarding the child's behavior at school and in the community. These concerns
include class disruption, lying, cheating and disciplinary topics. The parents shall work with
the counselor, which shall be identified by their counsel, in whatever combination the
therapist deems appropriate to address the child's behavior. It is recognized that the parties
have diverse parenting approaches and therefore may benefit from professional guidance
regarding the most helpful disciplinary approaches for this child's needs.
9. A hearing isx heduled in Courtroom Number 4 of the Cumberland County
Courthouse, on the 'I day of 2004, at r?C1 o'clock
A.M., at which time testimony will be take h. For the purposes of the hearing, the Father,
Floyd Stokes, shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for the parties or the parties pro se shall file with the Court and
opposing counsel/party a memorandum setting forth each party's position on custody, a list
of witnesses who are expected to testify at the hearing, and a summary of the anticipated
testimony of each witness. These memoranda shall be filed at least ten days prior to the
hearing date.
BY THE COURT:
J.
Dist: wean ShuRz, Esquire, 19 Brookwood Street, Carlisle, PA 17013
Plane Adams, Esquire, 36 South Pitt Street, Carlisle, PA 17013
J
O,b6p
APR 3 0 2004
FLOYD STOKES,
V.
LESLIE A. CHERRY,
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
Plaintiff
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4021 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
Devin L. Stokes-Cherry May 4, 1994
Mother
2. A Custody Conciliation Conference was held on April 20, 2004 following
Father's Petition to Modify Custody on March 19, 2004. Attending the Conference were:
the Father, Floyd Stokes and his counsel, Sean M. Shultz, Esquire; the Mother, Leslie A.
Cherry, and her counsel, Jane Adams, Esquire. This 'was the parties' third Custody
Conciliation Conference.
3. Father's position is that the child should be transferred to his primary physical
custody, or alternatively, to an equally shared custodial schedule. Father resides in
Harrisburg and is self-employed at the American Literacy Corporation. The child is
experiencing behavioral difficulties at school and has encountered disciplinary problems as
a result. Father reports that this is a problem the child has had throughout school. The
child is presently in third grade. Father attributes the behavioral difficulties to the child being
in Mother's primary custody. Although Father acknowledges he is not using the full amount
of custodial time provided in the present Order, he reports that he has been dropping the
child off early because it disrupts his evenings on Sundays. Father also refuses to accede
to Mother's request that he use disciplinary methods that do not include the use of corporal
punishment. Father claims that Mother teaches the child to fight and gives him wrong
direction. Father declines Mothers offer of additional custodial time during the week on
Tuesdays and Thursdays between 3:30 and 8:00 p.m. because he prefers to have overnight
periods of custody and because of the inconvenience of the drive involved between his
Harrisburg home and Mother's Carlisle home. This resistance was not overcome by
NO. 02-4021 CIVIL TERM
Mother's offer to meet Father at a mid-point between their homes at the end of those
custodial periods. Father agrees to participate in family counseling involving the child and
his parenting needs as well as co-parent counseling with the Mother. However, he will not
agree to return to the counselor Mother had selected and whose services were unilaterally
terminated by Father.
3. Mother's position is as follows: Mother believes that overnight periods of
custody during the school week are disruptive to the child's school functioning. She
expresses concern about his being on time and arriving at school with what he needs when
he has been in Father's custody the previous evening. Mother resides in Carlisle with the
child and the child's half brother. Mother has been working with the school and in regular
contact with the guidance counselor because of the child's, disciplinary problems at school.
She reports the difficulties have involved disrupting class, cheating on exams, failure to turn
in completed homework for one class and difficulty with social skills and peer relationships.
Mother arranged for the child to attend counseling through Franco Associates in Carlisle.
As a result of that counseling, a Children and Youth referral was made to investigate the
physical discipline used by Father. The report from Children and Youth was designated
"unfounded." The child also participated in FISH (Families In Separate Households).
Mother removed the child from participation in this program, which had apparently been
arranged by Father, after she found out about it because she reports that the child did not
like being part of that group. However, Mother reports that she believes he benefited from
being in the group. Mother reports that Father frequently cancels his custodial time or drops
the child off early at the end of a custodial weekend, sometimes as early as between noon
and 5:00 p.m. Mother would prefer that Father agree to use an alternate discipline method
to corporal punishment. Mother strongly opposes the change of primary custody to Father.
Mother also notes that this is not the first time that Father has sought additional custodial
time and that his petitions have historically followed changes in the child support order.
4. Interestingly, the parties agree that the child's behavior at school and in peer
relations is troubling and warrants professional intervention. They also agree that the child
is experiencing different parenting approaches in their respective households and that they
do not talk well together as parents about these issues.
5. The parties have agreed to a temporary interim schedule to be followed while
they participate in therapeutic family counseling and pending a hearing. However, it should
be noted that although Mother has made a concession to allow custodial overnights on two
nights prior to school days, she does not believe this is in the child's best interest. Father,
on the other hand, proposes a schedule which would give; Mother custody on Tuesday,
Wednesday and Thursday of week one and Monday, Friday, Saturday and Sunday of week
two.
NO. 02-4021 CIVIL TERM
6. The Interim Order to which the parties agree is attached and the matter will be
set for hearing. The hearing in this matter is anticipated to take no more th
-!%14ve
ate
an one (1) day.
L"44 A.6, ;sa Peel: eevy, Esquire
Custody Conciliator
163515.2
APR 3 0 2004
FLOYD STOKES, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 02-4021 CIVIL TERM
V.
CIVIL ACTION - LAW
LESLIE A. CHERRY,
IN CUSTODY
Defendant
Hess, J. ---
ORDER OF COYRT
AND NOW, this day of 004, upon consideration of the attached
Custody Conciliation Summary Report, it is her y ordered and directed as follows:
1. This Court's Orders of October 11, 2002, and February 24, 2003, are
VACATED.
2. Leval Custodv. The parties, Floyd Stokes and Leslie A. Cherry, shall have
shared legal custody of the minor child, Devin L. Stokes-Cherry, born May 4, 1994. Each
parent shall have an equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the child's general well-being including, but not
limited to, all decisions regarding his health, education and religion. Pursuant to the terms
of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to
the child including, but not limited to, medical, dental, religious or school records, the
residence address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parPn+ lAlithIn m lrk
rP.rnrrlo --A :_?---- -. - _ -
MBERLAND COUNTY
URT ADMINISTRATOR
COURTHOUSE SQUARE
-ARLISLE, PA 17013
SEAN SHULTZ, ESQUIRE
19 BROOKWOOD STREET
CARLISLE,-PA W013
A p ATTEMPTED NOT KNOWN [3 OTHER
OC CI NOT DELIVERABLE AS ADDRESSED
6 - UNABLE TO FORWARD
I
17013+9142
J0
c-t+I
FLOYD STOKES, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 02-4021 CIVIL
CIVIL ACTION - LAW
LESLIE A. CHERRY,
Defendant IN CUSTODY
ORDER
AND NOW, this 17 * day of August, 2004, continued hearing in the above
captioned matter set for August 12, 2004, is continued to Thursday, September 9, 2004, at 9:30
a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
,Kean Shultz, Esquire
For the Plaintiff
&,rane Adams, Esquire
For the Defendant
:rlm
08 ??-ov
FSA 'LI!'d L: tr,':'1r,E
IN THE COURT OF COMMON PLEAS OF
FLOYD STOKES, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
02-4021 CIVIL
Vs. : CIVIL ACTION - LAW
LESLIE A. CHERRY, IN CUSTODY
Defendant
ORDER
AND NOW, this q day of October, 2004, after hearing and careful consideration
of the testimony adduced, the motion of the plaintiff for modification of custody order is
DENIED.
?Sean Shultz, Esquire
For the Plaintiff
ane Adams, Esquire
For the Defendant
:rlm
J
ro oL o`?
BY THE COURT,
a- t F'tfirn,?x,?_
2004 OC 1 _5 fi!9 4: ( 5
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FLOYD STOKES,
Petitioner
VS.
No. 02-4021
IN CUSTODY
LESLIE A. CHERRY, CIVIL ACTION - LAW
Respondent
PETITION FOR CIVIL CONTEMPT FOR
DISOBEDIENCE OF CUSTODY ORDER
AND NOW, this 2bkLday of December, 2007, comes Plaintiff/Petitioner, Floyd Stokes,
and files the following Petition for Civil Contempt for Disobedience of Custody Order and in support
thereof avers as follows:
1. Petitioner, Floyd Stokes, an adult individual residing at 1714 Logan Street,
Harrisburg, Pennsylvania, is the natural father ofthe minor child, Devin L. Stokes-Cherry, born May
4 1994, hereinafter Devin.
2. Respondent, Leslie A. Cherry, an adult individual residing at 513 North College
Street, Carlisle, Pennsylvania, is the natural mother of Devin.
3. On May 4, 2004, The Honorable Kevin A. Hess, entered an Order of Court regarding
custody of Devin. A true and correct copy of the May 4, 2004 Order is attached to this Petition as
Exhibit "A".
4. Respondent has violated the May 4, 2004 Order by failing to comply with the
provisions of the Order.
5. Paragraph 3 of the Order provides: "Physical Custody. Mother shall have primary
physical custody. Father shall have partial custody to be arranged as follows:
A. To commence on April 23, 2004, on alternate Fridays from 3:30 p.m. until
the child is returned on Monday morning in time for school by Father.
B. Effective April 29, 2004, on alternating Thursdays from after school until
Friday morning when the child is returned to school by Father."
6. Respondent has refused or failed to comply with this provision by unreasonably
refusing Petitioner's requests for his periods of partial custody of Devin since September 2007.
7. Petitioner requests that the allegations of this Petition be addressed at a hearing before
the Court as soon as the Court's schedule will allow.
WHEREFORE, Petitioner requests that Respondent be ordered to strictly comply with the
May 4, 2004 Order of Court, be held in contempt of court, and be ordered to pay Petitioner's
attorneys fees.
Respectfully submitted,
7KN X&ASS?OCIATE
Sean M. Shultz, Esquire
Attorney I.D. No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorneys for Petitioner
VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct to the best of
my knowledge, information and belief. This Verification is made by Petitioner's counsel based upon
information provided by Petitioner to Petitioner's counsel regarding the factual averments contained
herein. 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.
Sean A Shultz, Esquire
FAUser Foldeffirm Docs\Gendocs2007\3326-2 Floyd Stokes\comemptpet.wpd
Exhibit "A"
JANE-ADAMS
l
FLOYD STOKES,
Plaintiff
FAX NO. : 7172458538 May. 18 2004 10:13PM P5
APR 3 U 2004
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.02-4021 CIVIL TERM
V.
LESLIE A. CHERRY,
Defendant
Hess, J. --
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF CO Rf
AND NOW, this day of Aort 004, upon consideration of the attached
Custody Conciliation Summary Report, it is here y ordered and directed as follows:
1. This Court's Orders of October 11, 2002, and- February 24, 2003, are
VACATED.
2. Legal Custody. The parties, Floyd Stokes and Leslie A. Cherry, shall have
shared legal custody of the minor child, Devin L. Stokes-Cherry, born May 4, 1994. Each
parent shall have an equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the child's general well-being including, but not
limited to, all decisions regarding his health, education and religion. Pursuant to the terms
of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to
the child including, but not limited to, medical, dental, religious or school records, the
residence address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent. Both parents shall be
entitled to full participation in all educational and medical/treatment planning meetings and
evaluations with regard to the minor child. Each parent shall be entitled to full.and complete
information from any physician, dentist, teacher or authority and copies of any reports given
to them as parents including, but not limited to: medical records, birth certificates, school or
educational records, attendance records or report cards. Additionally, each parent shall be
entitled to receive copies of any notices which come from school with regard to school
pictures, extracurricular activities, child's parties, musical presentations, back-to-school
night, and the like.
3. Physical Custody. Mother shall have primary physical custody. Father shall
have partial custody to be arranged as follows:
JANE-ADAMS
i
NO. 02-4021 CIVIL TERM
FAX NO. : 7172458538 May. 18 2004 10:14PM P6
A. To commence on April 23, 2004, on alternate Fridays from 3:30
p.m. until the child is returned on Monday morning in time for school by Father:
B. Effective April 29, 2004, on alternating Thursdays from after
school until Friday morning when the child is returned to school by Father.
4. Holidays.
A. Christmas. Christmas shall be divided into two segments,
Segment A and Segment B. Segment A shall be from December 24k' at 9:00
a.m. until December 25th at 3:00 p_m. Segment B shall be from December 25th
at 3:00 p.m. until December 260' at 5:00 p.m. In even-numbered years, Mother
shall have Segment A and Father shall have Segment B. In odd-numbered
years, Father shall have Segment A and Mother shall have Segment B.
B. Thanksgiving. Effective with 2002, Mother and Father shall
share Thanksgiving holiday in a three year rotation which provides that Mother
shall have the Thanksgiving holiday for two years consecutively followed by
the following year when Father has the holiday. Therefore, Mother shall have
the Thanksgiving holiday for 2002 and 2003, followed by Father having the
holiday for 2004. The Thanksgiving holiday shall be defined as the
Wednesday preceding the holiday at the time of school dismissal until Sunday
at 9:00 p.m_ following Thanksgiving.
C. New Year's Eve. New Year's Eve shall be defined as the period
from December 30 at 9:00 a.m. until January 1St at 9:00 p.m. Father shall
have New Year's Eve in 2002 and 2003. Mother shall have New Year's Eve in
2004 on a similar rotating schedule to the arrangements that the parties have
for the Thanksgiving holiday above.
5. Neither party shall schedule new activities for the child that will impede the
other parent's custodial time without their express agreement.
6. It shall be permissible for LaShana A. Stokes to be designated as a person
who may pickup the child at school.
7. This Order is temporary in nature. The parties may vary from its terms by their
express mutual agreement. However, in the event that the parties do not agree, the terms
of this Order shall control.
: JANE-ADAMS FAX NO. : 7172458538 May. 18 2004 10:14PM P7
NO. 02-4021 CIVIL TERM
8. The parties will participate in co-parent counseling to improve their ability to
work cooperatively as parents focusing on the child's needs. The parties shall also
participate in therapeutic family counseling with the child regarding the issues which have
arisen regarding the child's behavior at school and in the community. These concerns
include class disruption, lying, cheating and disciplinary topics. The parents shall work with
the counselor, which shall be identified by their counsel, in whatever combination the
therapist deems appropriate to address the child's behavior. It is recognized that the parties
have diverse parenting approaches and therefore may benefit from professional guidance
regarding the most helpful disciplinary approaches for this child's needs.
9. A hearing i cheduied in ourtroo Number 4 of the Cumberland County
I rthouse, on the day of _ , 2004, at 2,30 _ o'clock
.M., at which time testimony will be taken For the purposes of the hearing, the Father,
Floyd Stokes, shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for the parties or -the parties pro se shall file with the Court and
opposing counsel/party a memorandum setting forth each party's position on custody, a list
of witnesses who are expected to testify at the hearing, and a summary of the anticipated
testimony of each witness. These memoranda shall be filed at least ten days prior to the
hearing date.
Dist: Sean Shultz, Esquire, 19 Brookwood Street, Carlisle, PA 17013
Jane Adams, Esquire, 36 South Pitt Street, Carlisle, PA 17013
'RUE jrw_2e FROM ROM . RECORD
In ?'6ftmorhere unto setmY
Sort a Aisle
JANE-ADAMS
FLOYD STOKES,
Plaintiff
V.
LESLIE A. CHERRY,
Defendant
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
lIE
DATE OF BIRTH
Davin L. Stokes-Cherry May 4, 1994
CURRENTLY IN THE CUSTODY OF
Mother
2. A Custody Conciliation Conference was held on April 20, 2004 following
Father's Petition to Modify Custody on March 19, 2004. Attending the Conference were:
the Father, Floyd Stokes and his counsel, Sean M. Shultz, Esquire; the Mother, Leslie A.
Cherry, and her counsel, Jane Adams, Esquire. This was the parties' third Custody
Conciliation Conference.
3. Father's position is that the child should be transferred to his primary physical
custody, or alternatively, to an equally shared custodial schedule. Father resides in
Harrisburg and is self-employed at the American Literacy Corporation. The child is
experiencing behavioral difficulties at school and has encountered disciplinary problems as
a result. Father-reports that this is a problem the child has had throughout school. The
child is presently in third grade. Father attributes the behavioral difficulties to the child being
in Mother's primary custody. Although Father acknowledges he is not using the full amount
of custodial time provided in the present Order, he reports that he has been dropping the
child off early because it disrupts his evenings on Sundays. Father also refuses to accede
to Mother's request that he use disciplinary methods that do not include the use of corporal
punishment. Father claims that Mother teaches the child to fight and gives him wrong
direction. Father declines Mother's offer of additional custodial time during the week on
Tuesdays and Thursdays between 3:30 and 8:00 p.m. because he prefers to have overnight
periods of custody and because of the inconvenience of the drive involved between his
Harrisburg home and Mother's Carlisle home. This resistance was not overcome by
FAX NO. : 7172458538 May. 18 2004 10:12PM P2
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4021 CIVIL TERM
JANE-ADAMS
N4.02-4024 CIVIC. TERM
FAX NO. : 7172458538 May. 18 2004 10:12PM P3
Mother's offer to meet Father at a mid-point between their homes at the end of those
custodial periods. Father agrees to participate in family counseling involving the child and
his parenting needs as well as co-parent counseling with the Mother. However, he will not
agree to return to the counselor Mother had selected and whose services were unilaterally
terminated by Father.
3. Mother's position is as follows: Mother believes that overnight periods of
custody during the school week are disruptive to the child's school functioning. She
expresses concern about his being on time and arriving at school with what he needs when
he has been in Father's custody the previous evening. Mother resides in Carlisle with the
child and the child's half brother. Mother has been working with the school and in regular
contact with the guidance counselor because of the child's disciplinary problems at school.
She reports the difficulties have involved disrupting class, cheating on exams, failure to turn
in completed homework for one class and difficulty with social skills and peer relationships.
Mother arranged for the child to attend counseling through Franco Associates in Carlisle.
As a result of that counseling, a Children and Youth referral was made to investigate the
physical discipline used by Father. The report from Children and Youth was designated
"unfounded." The child also participated in FISH (Families In Separate Households).
Mother removed the child from participation in this program, which ' had apparently been
arranged by rather, after she found out about it because she reports that the child did not
like being part of that group. However, Mother reports that she believes he benefited from
being in the group. Mother reports that Father frequently cancels his custodial time or drops
the child off early at the end of a custodial weekend, sometimes as early as between noon
and 5:00 p.m. Mother would prefer that Father agree to use an alternate discipline method
to corporal punishment. Mother strongly opposes the change of primary custody to Father.
Mother also notes that this is not the first time that Father has sought additional custodial
time and that his petitions have historically followed changes in the child support order.
4. Interestingly, the parties agree that the child's behavior at school and in peer
relations is troubling and warrants professional intervention. They also agree that the child
is experiencing different parenting approaches in their respective households and that they
do not talk well together as parents about these issues.
5. The parties have agreed to a temporary interim schedule to be followed while
they participate in therapeutic family counseling and pending a hearing. However, it should
be noted that although Mother has made a concession to allow custodial overn ights on two
nights prior to school days, she does not believe this is in the child's best interest. Father,
on the other hand, proposes a schedule which would give Mother custody on Tuesday,
Wednesday and Thursday of week one and Monday, Friday, Saturday and Sunday of week
two.
1ANE_ADAMS
NO. 02-4021 CIVIL TERM
FAX NO. : 7172458530 May. 1e 2004 10:13PM P4
6. The Interim Order to which the parties agree is attached and the matter will be
set for hearing. The hearing in this matter is anticipated to take no more than one (1) day.
644.,
ate Melissa Peel G Bevy, Esquire
Custody Conciliator
:163515.2
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FLOYD STOKES,
Petitioner
No. 02-4021
IN CUSTODY
VS.
LESLIE A. CHERRY,
Respondent
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
AND NOW, this 2V§ay of December, 2007, I, Sean M. Shultz, Esquire, hereby certify
that I have this day served the following with a copy of the foregoing Petition for Civil Contempt
for Disobedience of Court Order by first class, United States Mail, addressed as follows:
Jane Adams, Esquire
36 South Pitt Street
Carlisle, Pennsylvania 17013
Attorney for Respondent
Respectfully submitted,
KNIGHT & ASSOCIATES;
Sean M. Shultz, Esquire
Attorney I.D. No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorneys for Petitioner
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FLOYD STOKES IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2002-4021 CIVIL ACTION LAW
LESLIE A. CHERRY
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, December 27, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 31, 2008 at 11:00 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. 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: Is/ ohn . Man an r. Es q.
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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