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Home My WebLink About01-05563.. ADANA F. HOWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY ROBERT D. HOWELL, Defendant NO. O1- SSG,3 CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Adana F. Howell, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody: 1. The plaintiff is Adana F. Howell, residing at 309 North East Street, Carlisle, PA 17013. 2. The defendant is Robert D. Howell, residing at 309 North East Street, Carlisle, PA 17013. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Robert Daniel Howell Joshua Matthew Howell Melinda Sue Howell 309 North East Street, Carlisle, PA 17013 309 North East Street, Carlisle, PA 17013 309 North East Street, Carlisle, PA 17013 December 30, 1991 May 3, 1995 July 31, 1997 Robert Daniel was born out-of-wedlock, but Joshua Matthew and Melinda Sue were born in wedlock. The children are presently in the custody of Plaintiff and Defendant. Since their births, the children have residedwith the following persons and at the following addresses: Persons Addresses Dates Robert Howell and 309 North East Street, 8/00-current Adana Howell Carlisle, PA 17013 Robert Howell and 421 Shippensburt Rd. 3%00-8/00 Adana Howell Newville, PA 17241 Robert Howell and 46 West North St. 1/00-3/00 Adana Howell Carlisle, PA 17013 a Robert Howell and 1021 South Cedar St. 3/98-1/00 Adana Howell Casper, WY 82601 Robert Howell and 322 Lathrop Rd. 3/96-3/98 Adana Howell Base 48 Evansville, WY 82636 Robert Howell and 1200 Boulder Ave. Apt.#1 3/92-3/96 Adana Howell Casper, WY 82601 Robert Howell and 1221 Highview St. 7/90-3/92 Adana Howell Casper, WY 82601 4. The relationship of the plaintiff to the children is that of mother. She is married. She currently resides with the following persons: Name Relationship Robert D. Howell husband Robert Daniel Howell Joshua Matthew Howell Melinda Sue Howell 5. The relationship of defendant to the children is that of father. He is married. He currently resides with the following persons: Name Relationship Adana F. Howell wife Robert Daniel Howell Joshua Matthew Howell Melinda Sue Howell 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff has been the primary caretaker of the children since birth. b) Plaintiff provides the child with a stable home environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs. c) Plaintiff is willing to accept custody of the children. d) Plaintiff continues to perform the parental duties and enjoys the love and affection of the children. e) Plaintiff has permitted continuing contactbetweenthe defendant andthe children, andwill continue to do so. f)Plalntiff and Defendant have entered into an agreement relating to custody of the children, which is attached to this Complaint. 8. Each parent whose parental rights to the children have notbeen terminated and the person who has physical custody of the children have been named as parties to this action. 9. Plaintiff and Defendant entered into Agreement as to Custody on September 18, 2001 The Agreement provides that Plaintiff shall have sole legal and primary physical custody of the children as specified in the attached Agreement. The parties intend that the Agreement be entered as an Order of the Court. WHEREFORE, plaintiff requests the court to grant her sole legal and primary physical custody of the three children. Date: `~ I Z5 I o ~ " !i""~ ' ~ ~7 ""L~C~ Lily L. Cheung Certified Leg//al Intern ERT E. RAINS THOMAS M. PLACE TERI L. HENNING Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 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. Section 4904 relating to unsworn falsification to authorities. Date: c~~ .~`~%~..~~ \~2C ,> C?~~L_ Adana F. Howell, Plaintiff L- C_ '~+J: .~ ~~~- ~c , ~ C-~ {_~ y L_ ~r --~ ~) .,~ ;'~l _~ C.'~ ..r f r; r; P;7 =_i ~(~ _~ 4 1 `~~ ADANA F. HOWELL, Plaintiff v. ROBERT D. HOWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. O1-SSG 3 To the Prothonotary: PRAECIPE TO PROCEED IN FORMA PAUPERIS CIVIL TERM Kindly allow Adana F. Howell, Plaintiff, to proceed in forma pauperis. I, Lily L. Cheung, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. 912s/~t ~'~,_ ~ ~n Lily L. Cheung Ce~i~'ied Legal Intern ~- e ~7`_ RO RT E. RAIN5 THOMAS M. PLACE TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 \_J ~ .r t_ 1 -~ -~ v a ~ ~ n j _- m -cs ~% U. r,t" _.m _ ;' cJ . ~ -~ ~^7 ~. i SER ~ 2 01 ADANA F. HOWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY ROBERT D. HOWELL, Defendant : NO. O1- 5'~~ CIVIL TERM CUSTODY AGREEMENT AND ORDER THIS AGREEMENT, made this ~ ~~ day of kN'~~ , 2001, between Adana F. Howell (hereinafter "Mother") and Robert D. Howell (hereinafter "Father") concerns the custody of their children, Robert Daniel Howell, born December 30, 1991, Joshua Matthew Howell, bom May 3, 1995, and Melinda Sue Howell, born July 31, 1997 (hereinafter "the children"). Mother and Father desire to enter into an agreement as to the custody of their children. Mother and Father agree to the following: 1. Mother has sole legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children as the parties agree. 4. Father acknowledges that he has an alcohol problem. Father agrees that if he consumes any alcohol, any and all custodial rights that Father has under this Agreement shall be suspended until both parties agree that they should resume. 5. Neither parent shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love and respect for the other parent. 6. Mother and Father desire to make this agreement a Court Order. 4hss>~smVf~l~zitzr~{.~~siau ~stbVW~,n,~e.-.roi£a,Yrevur[ =c-.Y~r~,xz~uA,t^a'~~as~e~b~txb&ksum w~,4a+c,~ .- &~tawtaSiu~Yr~YA - daNm - Am r- ~~t (\ ~ ~'-,i e~1M qt. ~~~. '~'. Y i 1 . ~~~ t1~' ~t ~;~~~" ~ N sfi~'~f .. , ~ 1.1 ~l ~ `'1`^ t > ~1' t ~_ -. 7. Father and Mother may modify this agreement by mutual consent. In the absence of such mutual consent, the terms of this Order shall control. 8. Father understands that the Family Law Clinic represents only Mother's interests in this matter and has advised him that he should seek the advice of legal counsel. Father understands this and has chosen to proceed without counsel. •~ Robert Howell, Defendant ~~ Adana Howell, Plaintiff ~~, ~, ily L. Cheung Certified Legal Intem l :. RO T E. RAINS THOMAS M. PLACE TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ORDER AND NOW this 2'~ day of OeGz ~ Agreement is approved and entered as an Order of Court. ~.~~ S IO~Q~ 2001, the above Custody ~ .~~ ADANA F. HOWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY ROBERT D. HOWELL, Defendant : N0. Ol- 5563 CIVIL TERM PROOF OF SERVICE I, Lily L. Cheung, hereby certify that I served a true and correct copy of the Complaint for Custody and the Custody Agreement and Order on the defendant, Robert D. Howell, residing at 309 North East Street, Carlisle, Pennsylvania, 17013, by U. S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Robert D. Howell on the 11`" day of October, as evidenced by his signature on the attached green card. Date: October 15, 2001 ~~~~ Lily L. Cheung Certified Legal Intern ~--- l MAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 r M ...... ~ o p i ~' t- U, a ,,~, .~'~ ay-~.'~° ~, . . f f z'~ '''c ~ vi z~ ~ , r~ ~ `==_, ~C~ ~ _" ~ ~ ~~{{ -^ A "~ .{ l0 '~ ^ Complete items 1, 2, and 3. Also complete ' item 4 if Restricted Delivery is desired. Ived by (Please Print Clearly) B: Date of Delivery ~~~~ pyL! ~ l ~ ' ~-' °~ ^ Print your name and address on the reverse ' so that we can return the Card to you. f~Attach this card to the back of the mailpiece, it ~ X ^ Agent ^ Addressee or on the front if space perm s. D. Is delivery address dlfiererrt from item ? ^ Yes 1. Article Addressed to: If VEB, enter delivery address below: ^ No ~be,,~{ 'br ~tow~f( ~~~N~~ ~s~~ ~ ~ c~ l °C~-fliS ~~~~ v~-oi3 ~ S§rvice Type 3. ertified Mail ~ Express Mail r' ^ Registered f~, Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. / ~ '/r/ 4. Restricted Delivery? (Eztre Fee) '~Ves 2. Article umber (Copy fromr~sCe~rvice label~o t ~ 3 7I9O ~-0~'R ~~~ ~ ~~r W y,6 P$ FOI'~'F.381 ~ , JUI~ ~ ~9~1 ! 1 7 i . D`pmestiC RBtUfn RBCeipt _ 10P69b-99-M-1789 .D a" "'~ Cf' Postage $ ~ Certified Fee ~ Return Receipt Fee -, ~ (Entlorsement Required) ~ Restricted Delivery Fee ~ (Fsdorsement Required) t ~ a Total Postage & Fees t l ii Recipient's Name (Please P, --Rub~'Y-_U-~-t~ T Street, Apt. No.; or PO Box A '4 ~- ._ 3~ ~o_~-t~ --~Q~r- S ~ - - - ----- --- -- ~ Gi~~ S~tat~e ZIP.4 - J r l.lG~r" ~ yE*~ ~.'.:k>~a. ~. ,~ ::s"e~'`~";si ~,..,~~~ .~.~,....s~:r,~ ~. -_ ;~I:~sc..t 7~ ;...... ~ 4, ti FILED-OFFICE OF THE PROTHONOTARY 2010 DEC -3 AM 11: 15 CUMBERLAND COUNTY PENNSYLVANIA ROBERT D. HOWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ADANA HOWELL, :NO. 0/- 5563 CIVIL TERM Defendant. : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Robert D. Howell, to proceed in forma pauperis. I, Jane Adams, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. I have accepted this case through the Bar Association's referral service. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date: I 3 //b Respectfully submitted, e Adams, Esquire I . No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF It ROBERT D. HOWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ADANA HOWELL, : NO. 10 - CIVIL TERM Defendant. : IN CUSTODY AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. 1 am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Basic Information: Name: Robert D. Howell Address: 343 Y2 N. College St., Carlisle, Pa. 17013 Age: 46 (b) Employment: Employer: None. Has applied for disability due to depression and other diagnoses. Also receiving cash assistance in the amount of $200 per month, $180 per month in food stamps and is on Gateway, and receives Section 8 housing. (c)Other employment or income in the past twelve months: Prior Employer: Randstad. Carlisle, Pa. Earned $8.00 per hour as a laborer. Last worked May 2010. (d) Other contributions to household support:None. Petitioner is married, and has three children. His wife and two of the children are currently in shelter at Safe Harbor. r, (e) Property owned: Petitioner has no checking account and had approximately $10 in cash at the time of filing of this petition. He has minimal personal possessions as he is currently undergoing a divorce and recently moved from a shelter into Section 8 housing. (f) Debts and obligations: (i) Household: Petitioner pays $34/month for his light bill, $36/month for his gas bill, $30/month for his phone bill, and $25/month for his water bill, and apprx. $40/month for groceries. Petitioner's rent is paid by Section 8 housing. (ii) Other: Petitioner's Wife and two children are in shelter at this time. Although he could possibly be liable for child and spousal support, that has not been requested at this time. 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 1 verify that the statements made in this affidavit 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: XML4 Ro ert D. Howell, etitioner ROBERT D. HOWELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2001-5563 CIVIL ACTION LAW C= ° -n rrD r,? rr7 ADANA HOWELL IN CUSTODY DEFENDANT --ap O '+a ? wp Xh ?>? a p ORDER OF COURT b -< cn ? AND NOW, Monday, December 06, 2010 , 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 Tuesday, January 04, 2011 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 E%#4- 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 l:l-7-40i o ?9 ?oP 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ROBERT D. HOWELL, Plaintiff, V. ADANA HOWELL, Defendant. -) C: , ? Z) 3 ? -Z rr, m X CO r-j ' IN THE COURT OF COMMON? j5 ?' Ab'?aOF;z PE YL4*N#-° BERLAND COUNTY , CUM ° ? ca CIVIL ACTION - LAW --_ NO. 01 - 5563 CIVIL TERM IN CUSTODY PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Please withdraw Plaintiff, Robert D. Howell's Petition to Modify custody. Respectfully Submitted: Dare e Adams, Esquire No.79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff ROBERT D. HOWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYkVAMA V. : NO. 2001-5563 CIVIL ACTION -10 ? coo - ? r~ g rr ? ADANA HOWELL, Defendant : IN CUSTODY C) ORDER OF COURT - , AND NOW, this 8th day of February, 2011, being advised that the Plaintiff has withdrawn his complaint, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, A - ?) I acq line M. Verney, Esquire, Custo Conciliator