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HomeMy WebLinkAbout07-0974, A. KATHLEEN HOUGH and MARK HOUGH, Plaintiffs V. MARY BETH LITTLE and RALPH JAMES HURST, JR., Defendants COMPLAINT FOR CUSTODY AND NOW, come the Plaintiffs, Kathleen Hough and Mark Hough, by and through their attorney, LACY HAYES` JR., and file the within Complaint for Custody as follows: 1. The Plaintiffs, Kathleen Hough and Mark Hough, are adult individuals, who reside at 344 Fairview Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendants are Mary Beth Little who resides at Woonsocket Women's Center, 176 Sayles St, Woonsocket, Rhode Island; and Ralph James Hurst, Jr,, an adult individual, who : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. p 7- 97? Jl I -f el^ IN CUSTODY resides at 26A Victory Street, Cumberland, Rhode Island 02864. 3. Plaintiffs seek custody of the following child: Name Residence Fe ABBEGAIL MORGAN HURST 344 Fairview Street almost 1 year Carlisle, Pennsylvania DOB= February 27, 2006. The child was born to the Defendants, Mary Beth Little and Ralph James Hurst, Jr. r The child has resided with Defendants, Mary Beth Little and Ralph James Hurst, Jr. at 26A Victory Street, Cumberland, Rhode Island 02864; and with Plaintiffs, Kathleen Hough and Mark Hough, at 344 Fairview Street, Carlisle, Cumberland County, Pennsylvania, at various times over the past year. The child is presently in the custody of Plaintiffs, Kathleen Hough and Mark Hough, who reside at 344 Fairview Street, Carlisle, Cumberland County, Pennsylvania, where she has resided exclusively since August of 2006. The mother of the child is Mary Beth Little currently residing at Woonsocket Women's Center, 176 Sayles St, Woonsocket, Rhode Island; and the father of the child is Ralph James Hurst, Jr., currently residing at 26A Victory Street, Cumberland, Rhode Island 02864. They are not married. 4. The relationship of Plaintiffs to the child is that of maternal grandmother and maternal step-grandfather. The Plaintiffs currently reside with the child. Plaintiffs are the parents of Defendant Mary Beth Little. 5. The relationship of Defendants to the child is that of Mother and Father. Defendant Mary Beth Little is the daughter of Plaintiff Kathleen Hough. 6. Plaintiffs have not participated as a parties or witnesses, or in another capacity, in any other litigation concerning the custody of the child. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiffs do 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. The best interests and permanent welfare of the child will be served by granting the relief requested because Plaintiffs are ready, willing and able to provide a stable home environment for the child. 8. Each party whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiffs request this Honorable Court to grant them legal and primary physical custody of the subject minor child. &? 1-?-4 2676 DATED: Respectfully submitted, 47 LACY HATE 2216 Walnut Street Attorney ID # 32107 Attorney for Plaintiffs Harrisburg, PA 17103 (717) 234-0700 RECEIVED FEB 1s MARTSON VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the Complaint and to the extent that the document is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. r #: 90 [ IZ> A ,2 r KATHLEEN HOUGH and MARK HOUGH, Plaintiffs V. MARY BETH LITTLE and RALPH JAMES HURST, JR., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 07_ ?71 : IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, come Petitioners, Kathleen Hough and Mark Hough, by and through their attorney, LACY HAYES JR., ESQUIRE, and respectfully represent as follows: 1. Petitioner, Kathleen Hough, an adult individual, resides at 344 Fairview Street, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner, Mark Hough, an adult individual, resides at 344 Fairview Street, Carlisle, Cumberland County, Pennsylvania. 3. Respondent, Mary Beth Little, an adult individual, resides at Woonsocket Women's Center, 176 Sayles St, Woonsocket, Rhode Island, and is the mother of the subject minor child, ABBEGAIL MORGAN HURST, age almost 1 year, date of birth February 27, 2006. See attached copy of the birth certificate of the subject minor child, attached as Exhibit A. 4. Respondent, Ralph James Hurst, Jr., an adult individual, resides at 26A Victory Street, Cumberland, Rhode Island 02864, and is the father of the subject minor child, ABBEGAIL MORGAN HURST, age almost 1 year, date of birth February 27, 2006. See attached copy of the birth certificate of the subject minor child, attached as Exhibit A. 5. Contemporaneously with the filing of the within Emergency Petition for Special Relief, a Complaint for Custody was filed by Petitioners, Kathleen Hough and Mark Hough, a copy of which is attached to this petition. 6 Petitioner, Kathleen Hough, is the maternal grandmother of the subject minor child, ABBEGAIL MORGAN HURST, and the mother of Respondent Mary Beth Little; and Petitioner, Mark Hough, is the husband of Petitioner, Kathleen Hough and the step-grandfather of the subject minor child. 7. The subject minor child, ABBEGAIL MORGAN HURST, is presently residing with the Petitioners, Kathleen Hough and Mark Hough, and has resided there off and on for the past six (6) months, since August of 2006, pursuant to a written agreement between Respondent Mary Beth Little and Petitioners, attached as Exhibit B. 8. Petitioners, Kathleen Hough and Mark Hough, are seeking an Emergency Order for Temporary Custody of their granddaughter, ABBEGAIL MORGAN HURST, for the following reasons: a. A Custody Order is required so that the subject minor child may be covered by Petitioner Mark Hough's medical insurance through his employer. While the child does not have a heart murmur, she may require extensive testing and treatment. b. Petitioners believe that once Respondent Mary Beth Little is served with the Complaint for Custody, filed contemporaneously herewith, she will attempt to remove the child from Petitioners' home. C. Respondent Mary Beth Little has various health problems that interfere with her ability to care for the child. d. Respondent Ralph James Hurst, Jr. has had little or no involvement with the subject minor child since August of 2006, and he has recently evicted Respondent Mary Beth Little from his home in Rhode Island. e. Respondent Mary Beth Little has not seen the subject minor child, ABBEGAIL MORGAN HURST, since November 17, 2006; and Ralph James Hurst, Jr., has not seen the subject minor child, ABBEGAIL MORGAN HURST, since August of 2006. 9. Petitioners, Kathleen Hough and Mark Hough, believe and aver that the child should be placed in their physical custody until the Complaint for Custody involving the child has been ruled upon by this Honorable Court. WHEREFORE, Petitioners pray this Honorable Court to enter an Order that the custodial status quo with respect to the subject minor child, ABBEGAIL MORGAN HURST, shall be maintained, and award temporary physical custody of the subject minor child, ABBEGAIL MORGAN HURST, immediately to Petitioners pending further Order of Court. Respectfully submitted, Date: 6:4 j r 24'G--- ?A- - Lacy Hayes, J 2216 Walnut Street Harrisburg, PA 17103 (717) 234-0700 Attorney ID # 32107 Attorney for Plaintiffs ExaIBIT A Feb 12 07 01:40p Lacy Hayes, Jr. 717 234 1831 p,5 ' i STATE OF RHODE ISLAND ,t AND FROV$DEN,.E::PE-MgATIOI l'. , . `i:s i?'s.:- i' .. -ice. .:c c:: _•.: f ._i: ?''?:_ "x . :?- C! - •?3i __ 4 - - - - - Ft• CDE ISLA1Na•DEI21AR7VENTOF'HEALTFI CERTIFICATE OF W'I E.IB RT_ # S'T?_k-ILE NUMBER,-: - W47 t ?. _ CMUYS NAME : ABBEGAIL MORGAN. -AiURIV _? •.SO:' - - - ? it -, - 1 DATE OF BRT?l : _r..- 'a - - c.: _-• C .?I7MF81R?;H ApFx ::7: Feb 27 Zoos.: _ ' • PLACE OF BIRTH .. __ ..- .. _...». ..... ?, f CITY OR TOWN AND STATE OF BRTh W- 0MF-'N-Q-kFANT$ IOSPITALto IDEN ?y? : in, iNAIj iiRT.' R`3 r ..sr?-'"SIT s? i - CAROL A MANNING, NID CAROL A MANNING, MD W » yMOTkINE rS_MNDE kAl!LLE :...... - ER'SOATEiil BI ;lI1Et1FS?TH Ll ' Au • fit 29, X1983 _ ... _. ., iii.: `-" •'? s. .: BBtT?1 .. L r"' I?T t+ N! Xi; Maryland 1124 WESTSHORE ROAb, WARWICK RI ». -U s nTr??as :s 440 H i iAf:PH !:: MES -i: HU1 5T ?r _ -- of Wit- t _ FATHER'S PLACE OF 8117tH -" FILE DATE y IZhodecl&land _ fi•:.:M? ' _ . - _ - - -is i ::: - [? i•_T; tit ..if:• •I.IL ' - ?. ..i :iii ' : • - ... r:- :::: , .. ... ;f•:'i iii .: 'i _ Y.i,: -Ctl _ !iai' C1: ? '_Jr Fri, ifn- e ii.Ep 1 herek?.y cep' thpt thi& is.. true _ :._. - red n Q.ffIC1?al!I r Ega and '• tac?ci on flip t e?S.-qt ?- _ssuingiEe: i! •, .._. ..., .. .:: is :... ..-: s::i•- '?'-' •?• -. a:? 'E? . • •;... -,; ' _ Office Date't.:.: 1% CA 49J nm& ° " • _r ° issuance • ? ? saki i;== ? ? :_' ?? t ? : ?`? - Signature of-Re®iVrar- .i... ........ 1?, ,. s:. ?.. . ^ --, THIS-. OP VALID= ONLY * Y ON;PApER V1rITl 1 RNGRAVED B1Q?i[3EI `DISPIAYff?G - ` ' _ ?- RAiSED;SEALaAND SIGNATURE OF STATr: LfdCAL`1*GISTRi?c171' EXHIBIT B Feb 12 07 01:41 p Lacy Hayes, Jr. 717 234 1831 p.6 November 17,20% To whom this may concern, I, Marybeth Kittle, hereby give permission for my parents, Mark and Kathleen Hough, to care for my daughter Abbegail Hurst during my absence. I give them permission to make all decisions regarding her healthcare and any medical treatment:. I give them temporary guardianship until such time as I return. Katbleen Hough Sworn before we this -(V%I. day of fir', : , 20.03.. COMMONWEALTH OF PENNSYLVANIA ffjW 1WI bro of 0Wft9f$W 4 Frar CI'i oy G0m on Pacpires Oct 5, ?p fl VERIFICATION The foregoing Emergency Petition for Special Relief is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the Complaint and to the extent that the document is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. 11 :1,t.:;,:; '' Q c Qd CIR '. L) r.a C*'t N ?;r D$. I I FEB S 12007 KATHLEEN HOUGH and : IN THE COURT OF COMMON PLEAS MARK HOUGH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION - LAW MARY BETH LITTLE and . NO. r7 RALPH JAMES HURST, JR., Defendants : IN CUSTODY ORDER OF COURT AND NOW, this aa -rl day of J"-p1'1-'L , 2007, following review and corisideration of the within Emergency Petition for Special Relief, IT IS HEREBY ORDERED AND DECREED that the custodial status quo with respect to the subject minor child, ABBEGAIL MORGAN HURST, shall be maintained, and temporary B THE CO T: custody of the subject minor child, ABBEGAIL MORGAN HURST, is awarded to Petitioners, Kathleen Hough and Mark Hough, J. LUZ Q 34 -: r -G-M KATHLEEN HOUGH AND MARK HOUGH PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 07-974 CIVIL ACTION LAW MARY BETH LITTLE AND RALPH JAMES HURST, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 23, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 22, 2007 at 8:30 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/ ac ueline M. Verne Es . f !? 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 Lo- r LO. ? 7 8? :C, tI3 9? 23,E L 0Z A8VIC14 -+? Ui' 'd 3Hl -?Q MAR 2 3 2007 0" ' KATHLEEN HOUGH and : IN THE COURT OF COMMON PLEAS OF MARK HOUGH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VI. : NO. 2007-974 CIVIL ACTION - LAW MARY BETH LITTLE and RALPH JAMES HURST, JR., : IN CUSTODY Defendants ORDER OF COURT AND NOW, this /° day of 0 0 , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated February 22, 2007 is hereby vacated. 2. The Grandparents, Kathleen Hough and Mark Hough, the Mother, Mary Beth Little and the Father, Ralph James Hurst, Jr., shall have shared legal custody of Abbegail Morgan Hurst, born February 27, 2006. Each party 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 her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, and the residence address of the child and the other parties. To the extent one parry has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. child. 3. The maternal grandparents shall have primary physical custody of the 4. The parents shall have periods of partial physical custody as the parties agree. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for May 22, 2007 at 8:30 a.m. J. cc: ac Hayes, Jr., Esquire, Counsel for maternal Grandparents Beth Little, pro se Woonsocket Women's Center 176 Sayles St. Woonsocket, Rhode Island 02895-4229 ,J(alph James Hurst, Jr., pro se 26B Victory Street Cumberland, Rhode Island 02864 A S? :g HV 6z M LOU AIi,..`,, ;t: i ? c -nH.i "kt.'i t-?aIi KATHLEEN HOUGH and MARK HOUGH, Plaintiffs V. MARY BETH LITTLE and RALPH JAMES HURST, JR., Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-974 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Abbigail Morgan Hurst February 27, 2006 maternal grandparents 2. A Conciliation Conference was held in this matter on March 22, 2007, with the following in attendance: The maternal grandparents, Kathleen Hough and Mark Hough, with their counsel, Lacy Hayes, Jr., Esquire, and the Father, Ralph James Hurst, Jr., pro se by telephone and the Mother, Mary Beth Little, pro se also by telephone. 3. The Honorable Edward E. Guido previously entered an Order of Court dated February 22, 2007 maintaining the status quo. 4. The parties agreed to an Order in the form as attached. 37 xt,U Date cqu ne M. Verney, Esquire Custody Conciliator N?, i 0 5 2007 KATHLEEN HOUGH and, : IN THE COURT OF COMMON PLEAS OF MARK HOUGH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2007-974 CIVIL ACTION - LAW MARY BETH LITTLE and, RALPH JAMES HURST, JR., : IN CUSTODY ORDER OF COURT AND NOW, this 2"d day of November, 2007, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq line M. Verney, Esquire, C tody Conciliator ) .i r tr'? r) r'