HomeMy WebLinkAbout03-0721STELLA C. RICHWINE, · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
v. · NO.
YVONNE A. COLE, · CIVIL ACTION - LAW
Defendant · IN CUSTODY
COMPLAINT FOR CUSTODY
this
day of ~ , 2003, comes the Plaintiff, Stella C.
AND
NOW,
Richwine, by and through her attorneys, Andrew C. Spears, Esquire, and the law firm of
Metzger, Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the
following is a statement:
1. The Plaintiff, Stella C. Richwine, is an adult individual residing at 63 Betty
Nelson Court, Carlisle, Cumberland County, Pennsylvania, 17013.
2. The Defendant, Yvonne A. Cole, is an adult individual residing at 279 Plaza
Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007.
3. Plaintiff seeks primary physical custody and shared legal custody of the following
child:
Name
Loren Alexandria Cole
Present Address Date of Birth
279 Plaza Drive 12/28/2000
Boiling Springs, PA 17007
Plaintiff is the fraternal grandmother of the above-mentioned minor child.
Defendant is the natural mother of the above-mentioned minor child.
The child was born out of wedlock.
Document #: 239368.1
The child is presently in the custody of Defendant who resides at 279 Plaza Drive,
Boiling Springs, Cumberland County, Pennsylvania, 17007.
During the past two (2) years, the child has resided with the following persons at
the following addresses:
Nalne
Yvonne A. Cole and
Michael P. Howard
Stella C. Richwine
Yvonne A. Cole
Address
279 Plaza Drive
Boiling Springs, PA, 17007
1071 Harrisburg Pike
Carlisle, PA 17013
279 Plaza Drive
Boiling Springs, PA 17007
Date
Birth to
05/31/2002
05/31/2002
08/31/2002
08/31/2002
to present
The mother of the child is Defendant, Yvonne A. Cole, who resides at 279 Plaza
Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007.
The father of the child is Michael P. Howard, who currently resides at 63 Betty
Nelson Court, Carlisle, Cumberland County, Pennsylvania, 17013. Father has consented and
given his custody rights to Plaintiff.
4. The relationship of Plaintiff to the minor child is that of fraternal grandmother.
The Plaintiff currently resides with the following persons:
Name
Self
Michael P. Howard
5. The relationship of Defendant to the minor child is that of mother. The Defendant
currently resides with the following persons:
Document #: 239368.1
Nalne
Loren Alexandria Cole
Nathaniel Combs
Shayna Cole
Micaela Cole
Relationship
Daughter
Son
Daughter
Daughter
6. Plaintiff has not participated as a party or witness, or in any other capacity in any
other litigation concerning the custody of the minor child in this or another Court.
Plaintiff has no information of a custody proceeding concerning the minor child
pending in a Court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the minor child or claims to have custody or visitation with respect to the
minor child.
7. The best interest and permanent welfare of the minor child will be served by
granting the relief requested because:
(a) The minor child previously resided with Plaintiff while Defendant was in
Cumberland County Prison;
(b) Plaintiff has played an active role in the raising and care of the minor
child;
(c) The best interest of the minor child will be served in continuing the
relationship with Plaintiff;
(d) Plaintiff currently had temporary legal guardianship over the minor child;
Document #: 239368.1
-3-
(e) Plaintiff is in a position, both financially and emotionally, to provide
stability and custody for the minor child;
(f) Plaintiff is in a position to provide a stable, responsible environment for
the raising of the minor child;
(g) The condition of Defendant's residence is unfit for a minor child:
(h) It is believed and therefore averred that Defendant is a habitual drug user;
and
(i) Plaintiff allows a convicted sexual predator to be around the minor child.
8. 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, Stella C. Richwine, requests the Court to grant her primary
physical custody and shared legal custody of the minor child.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By¸
Andrew C. Spears, Esquire
Attorney I.D. No. 87737
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Document #: 239368.1
-4-
VERIFICATION
I, Stella C. Richwine, verify that the statements made in the foregoing Complaint for
Custody are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to
unswom falsification to authorities.
S~eli-a C. Richwin~ [,,._- - - '
Document #: 239368.1
CERTIFICATE OF SERVICE
I, Andrew C. Spears, Esquire, of the law finn ofMetzger, Wickersham, Knauss & Erb, P.C.,
hereby certify that I served a tree and exact copy of the Complaint for Custody with reference to the
foregoing action by first class certified mail, remm receipt requested, prepaid, this ~ d/Iday of
., 2003, on following:
the
Yvonne A. Cole
279 Plaza Drive
Boiling Springs, PA 17007
Document #: 239368.1
STELLA C. RICHWINE
PLAINTIFF
YVONNE A. COLE
DEFENDANT
IN 'II-IE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
03-721 CIVIL ACTION LAW
IN' CUSTODY
ORDER OF COURT
AND NOW, Thursday, February 27, 2003 , 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 Tuesday, April 01, 2003 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. 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 I~rior to scheduled hearing.
FOR THE COURT,
By: /s/ Melissa P. Greevy, Esq. c,,
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
STELLA C. RICHWINE,
Plaintiff
YVONNE A. COLE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-721 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER
AND NOW, this 31st day of March, 2003, the Conciliator hereby continues generally the
Custody Conciliation Conference presently scheduled for April 8, 2003 at 11:30 a.m. pending the
outcome of the dependency hearing before Judge Guido. The Custody Conciliation Conference will
be rescheduled upon referral from Judge Guido.
~ssa~Pe~~re
Custody Conciliator
Dist.:
Andrew C. Spears, Esquire, PO Box 5300, Harrisburg, PA 17110-0300
Jane Adams, Esquire, 117 S. Hanover Street, Carlisle, PA 17013
Yvonne A. Cole, 279 Plaza Drive, Boiling Spdng, PA 17007
,,,~aryn Dixon, Court Administrator, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013
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