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HomeMy WebLinkAbout03-1642HAROLD J. NELSON, III, Plaintiff Ve LINDA NELSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : C)3 '"/~t,/.~ CIVIL TERM : : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Harold J. Nelson, III, by his attomeys, Irwin, McKnight and Hughes, and presents the following Complaint for Custody. The Plaintiff is Harold J. Nelson, llI, an adult individual residing at 10 Water Road, Dillsburg, Cumberland County, Pennsylvania 17019. The Defendant is Linda Nelson, an adult individual residing at 16 Longwood Drive, Mechanicsburg, Pennsylvania 17050. o The parties are the natural parents of one (1) minor child, namely Dylan James Nelson, bom February 11, 2000. The Plaintiff desires primary physical custody of the minor child, Dylan James Nelson, and joint legal custody with periods of visitation to Defendant as can be mutually arranged between the parties. o The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, Harold J. Nelson, III, respectfully requests that he be awarded primary physical custody and shared legal custody of Dylan James Nelson, as provided herein, with periods of temporary custody to Defendant as provided herein. Date: April 9, 2003 By: Respectfully submitted, IRWIN, McKNIGHT & HUGHES (717) 249-2353 Supreme Court I. D. No. 25476 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. HAROLD J. NE~ON, III ' '-'"'~ Date: April 9, 2003 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 heating or business before the court. You must attend the scheduling conference or hearing. HAROLD J. NELSON, III PLAINTIFF V. LINDA NELSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1642 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, April 21, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 15, 2003 at 10:30 AM for a Pre-Heating Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or heating. 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 HAROLD J. NELSON, III, Plaintiff/Petitioner LINDA NELSON, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2003~M6-2- CIVIL TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this 23rd day of April 2003, come the Petitioner, Harold J. Nelson, III, by his attorneys, Irwin, McKnight & Hughes, and makes the following Petition for Special Relief against the Respondent, Linda Nelson: The Petitioner, Harold J. Nelson, III, is an adult individual who resides at 10 Water Road, Dillsburg, Pennsylvania 17019. The Petitioner, Linda Nelson, Carlisle, Pennsylvania 17013. is an adult individual who resides at P. O. Box 512, o The Petitioner filed a Custody Complaint in the Court of Common Pleas of Cumberland County at Docket Number 2003-1642 Civil Term, a copy of which is attached hereto and marked as Exhibit "A". At this time a Conciliation Conference has not been scheduled. 2 The parties are the natural parents of one child, namely, Dylan James Nelson, born February 11, 2000. o The Respondent removed herself and the minor child, Dylan James Nelson, from the marital residence on April 9, 2003, without prior notice or warning or explanation. Since that time, the Petitioner has received no information regarding his son, Dylan James Nelson, his whereabouts, and his health. He was able to see his son the weekend of April 17, 2003. The Respondent has refused any further contact of Dylan with the Petitioner. The Petitioner has sought this information from the Respondent's legal counsel. of said correspondence is attached hereto and marked as Exhibit "B". A copy The Petitioner seeks reasonable legal fees in preparing and filing of this Petition for Special Relief. WHEREFORE, Petitioner, Harold J. Nelson, l/I, respectfully requests that this Honorable Court enter an Order against the Respondent, Linda Nelson, requiring her to immediately provide custody to Petitioner as requested above as well as legal fees and costs of this Petition. Date: April 23, 2003 By: Respectfully submitted, IRWIN, McKNIGHT & HUGHES ~oar~~o~eP!tiltio~squire Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 4 EXHIBIT A HAROLD J. NELSON, III, Plaintiff LINDA NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of ,2003, upon consideration of the attached Complaint, it is hereby directed that Se parties and their respective counsel appear before Esquire, the conciliator, at ._, on the _~ day of , 2003 at . M. 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 this conference may provide grounds for emry of a temporary or permanent order. By the Court, By: Custody Conciliator 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 scheduling conference or hearing. HAROLD J. NELSON, 111, Plaintiff Vo : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : CIVIL TERM LINDA NELSON, : Defendant : IN CUSTODY CO~PLAINT FOR C~TODY ~D NOW comes ~e Plaintiff, H~old J. Nelson, ~, by his aRomeys, and Hughes, and presents the following Complaint for Custody. The Plaintiff is Harold J. Nelson, 1II, an adult individual residing at 10 Water Road, Dillsburg, Cumberland County, Pennsylvania. 17019. The Defendant is Linda Nelson, an adult individual residing at 16 Longwood Drive, Mechanicsburg, Pennsylvania 17050. The parties are the natural Parents of one (1) minor child, namely Dylan James Nelson, bom Febmary 11, 2000. The Plaintiff desires primary physical custody of the minor child, Dylan James Nelson, and joint legal custody with periods of visitation to Defendant as can be mutually arranged between the parties. The best interests and permanent welfare of the minOr child r~quires that ~he Court grant the Plaintiff's request as set forth above. WHEREFORE, Harold J. Nelson, III, resl~ectfully requests, that he be awarded primary physical cUstodY and shared legal ~:ustody of i2)ylan James Nelson, as provided herein, with periods of temporary custody to Defendant as provided herein. Date: April 9, 2003 By: Respectfully submitted, iRw!N' McKNIGHT & HUGHES MarcU~a~n~ !ght, IIl~,~uire C~rlisi;: PennSyi~2 (717) 249-2353 Supreme Court I. D. No. 25476 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18'Pa. C.S.A. Section 4904, relating to unsworn falsificatiori to authorities. HARO~LD S. NE~Olq, III ' Date: April 9, 2003 EXHIBIT B ROGER B. IRPZIN MARCUS.4. McJGVIGHT. 111 JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER LA W OFFICES IRWIN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDLYG 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: IMttLA FY~ISUPERNET. C OM HJJ~OLD S. IRWIN (1925-1977) HAROLD S. IRIFIN, JR. (1954-1986) IRV/IN, IRIflN & IRIVIN (1956-1986) IRWIN, IRWIN' & MclOVIGHT (1986-1994) IRFYIN,, MclOVIGHT &HUGHES (1994-) Apfill0,2003 VIA FACSIMILE (240-0893) AND REGULAR MAll, THOMAS S. DIEHL, ESQUIRE ONE WEST HIGH STREET, SUITE 208 P. O. BOX 1290 CARLISLE, PA 17013 FILE COPY HAROLD J. NELSON~ IIl v. LINDA NELSON 03-1642 Dear Tom: This letter is to confirm that I am representing Harold J. Nelson, III. Enclosed please find a copy of the Custody Petition that I have filed in Cumberland County. We have no objection to the marital issues being litigated in Cumberland County. Please make arrangements for your client to permit Harold to visit with Dylan. We wood like to know Dylan's whereabouts and where he is living. My client would also like to attempt marriage counseling with Linda. Please review this with her and call me as soon as possible. Very truly yours, IRWIN, McKN~.~ & HUGHES MAM:sls Enclosure cc: Mr. Harold J. Nelson, III VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date:~ ~ HAROLD J. NELSON, III, Plaintiff/Petitioner Ve LINDA NELSON, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2003-1462 CIVIL TERM : : IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for Special Relief was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Thomas S. Diehl, Esquire One West High Street, Suite 208 P. O. Box 1290 Carlisle, PA 17013 Date: April 23, 2003 By: IRWIN, McI~IGHT & HUGHES 60ar~eU~]~[p;mM~etKn,s;reg~t III, Esquire Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 HAROLD J. NELSON, III, Plaintiff/Petitioner Ve LINDA NELSON, Defendant/Respondent : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-M6~ CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, thisO~'~day of April 2003, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: The Respondent, Linda Nelson, immediately provide temporary physical custody of the minor child, Dylan James Nelson, at the marital home, with the Petitioner, Harold J. Nelson, III, until further Order of Court. ,, ,o A h~ is set for t~'~rv ~ 2003, .m. in Courtroom # ~ in the Cumberland County Courthouse, Carlisle, Pennsylvania. Judge CC: Marcus A. McKnight, III, Esq. Attorney For Petitioner Thomas S. Diehl, Esq. Attorney for Respondent HAROLD J. NELSON, HI : .' V. : LINDA NELSON : .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1642 CIVIL TERNI ORDER OF COURT AND NOW, this 7TM day of MAY, 2003, it appearing that the father is exercising periods of temporary physical custody, with the consent of mother and that a conciliation conference is scheduled for THURSDAY~ MAY 15~ 2003, the petition for special relief is rendered moot. Neither party shall remove the child from the jurisdiction of this court without the consent of the other or further order of this court. iEdward E. Guido, J. vdglarcus A. McKnight, III, Esquire For the Petitioner ~l~omas S. Diehl, Esquire For the Respondent :sld HAROLD J. NELSON, III, Plaintiff V LINDA NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 1642 CIVIL IN CUSTODY COURT ORDER AND NOW, this o/~'" day of May, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in.Courtroom No. 5 of the Cumberland County Courthouse on the ~ta'day of ~ , 2003, at ~ ~k .M. at which time testimony w~ be taken in the above case. At this hearing, the Father, Harold J. Nelson, III, shah be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, a list of witnesses who will be called to testify at the hearing, and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 0 Pending further order of this court, the following temporary custody order is entered: The Father, Harold J. Nelson, III, and the Mother, Linda Nelson, shall enjoy shared legal and shared physical custody of Dylan J. Nelson, born February 11, 2000. Physical custody shall be exchanged on a week on/week off basis, with the exchange of custody being on Friday or at such other times as agreed upon by the parties. Legal counsel for the parties shall conduct a telephone conference call with the conciliator on Thursday, June 19, 2003 at 8:00 a.m. The purpose of this conference call shall be to inquire as to the status of this ease since the custody conciliation conference and determine whether anything may be done to facilitate a more permanent agreement between the parties and eliminate the hearing which is scheduled above. The conciliator is directed to file a supplemental report with the court after that telephone conference and indicate whether the hearing scheduled above is still necessary. Exchange of custody shall take place at the daycare provider at Carlisle Barracks. Edward E. Guido CC: Marcus A. McKnight, III, Esquire Thomas S. Diehl, Esquire HAROLD J. NELSON, III, Plaintiff V LINDA NELSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03 - 1642 CIVIL : IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Dylan J. Nelson, born February 11, 2000. A Conciliation Conference was held on May 15, 2003, with the following individuals in attendance: The Father, Harold J. Nelson, III, with his counsel, Marcus A. McKnight, III, Esquire; and the Mother, Linda Nelson, with her cotmsel, Thomas S. Diehl, Esquire. The parties recently separated in April. Mother took the child with her and left the marital home. There was a conference with Judge Guido that resulted in an interim order. After the conciliator conducted a custody conciliation conference with the parties and their attorneys, it was determined that the Father was seeking primary physical custody and the Mother was seeking primary physical custody. The ability to reach a resolution at the conference was limited. The conciliator is recommending a week on/week off custody arrangement pending a hearing, and the conciliator is also recommending that counsel for the parties confer with the conciliator in advance of the hearing. It appears the parties are in marriage counseling, and it appears there may be opportunities to resolve this case short of a full hearing before the court. 4. The conciliator recommends the entry of an order in the form as attached. Custody Conciliator HAROLD J. NELSON, III, Plaintiff LINDA NELSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-1642 CIVIL : CIVIL ACTION--LAW : : IN CUSTODY PETITION OF COUNSEL FOR LEAVE TO WITHDRAW Thomas S. Diehl, Esquire, hereby respectfully petitions this Honorable Court for Leave to Withdraw as Counsel for the Defendant, Linda Nelson, and in support thereof, avers as follows: 1. 2. 3. Petitioner is Thomas S. Diehl, Esquire. Respondent is Linda Nelson. Petitioner was retained by the Respondent on or about April 1, 2003 to represent her in the above-captioned custody action. 4. On or about May 21, 2003, Respondent retrieved her file from Petitioner's office, and has failed to return her file as requested by Petitioner. 5. Petitioner's continued representation of Respondent has been rendered unreasonably difficult by virtue of client's conduct, and good cause exists therefore under Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal of appearance in this case. 6. As the Respondent's next scheduled Court appearance is July 28, 2003, she has adequate time to acquire new legal counsel without causing any material prejudice to her case. WHEREFORE, the Petitioner, Thomas S. Diehl, Esquire, respectfully requests this Honorable Court to issue a Rule upon the Respondent to show cause, if any, why the Petitioner should not be granted leave to withdraw as counsel. Respectfully submitted, Date: June 2, 2003 One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 I.D. Number: 78942 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom falsification to authorities. Th0~. Dieh~, Esquire JUN 11 ZOO3 HAROLD J. NELSON, l~I, Plaintiff LINDA NELSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1642 CIVIL : CIVIL ACTION---LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~J"~u t~/t~., ,2003, the within Petition of Counsel For Leave to Withdraw having been read, considered, and ordered filed, the Court hereby orders that a Rule be and is issued upon the Respondent, Linda Nelson, to show cause why the Petitioner should not be permitted to withdraw as co~msel, said Rule to be returnable within ~ days of service of the date of this Order. O&-II-d3 BY THE COURT: JUl. HAROLD J. NELSON, III, Plaintiff LINDA NELSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : : NO. 2003 - 1642 CIVIL : IN CUSTODY COURTO~ER a .A? NOW, this ~J day of ~ ,2003, the conciliator being dv~sed the parties have reached angagregtnent, the conciliator relinquishes jurisdiction. BY THE COURT, Cus~ody~cdiator/ Hubert X. Gil..m.y~ HAROLD J. NELSON, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner V. LINDA NELSON, Defendant/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA _. CIVIL ACTION - LAW 2003-1642 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this ,91~t~day of July 2003, it is hereby Ordered that the above captioned case has been settled and the hearing scheduled for Monday, July 28, 2003 and is therefore cancelled. Edward E. Guido, Judge CCl ~I~arcus A. McKnight, III, Esq. Attorney For Petitioner ~l'homas S. Diehl, Esq. Attorney for Respondent