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HomeMy WebLinkAbout03-3526JUDITH A. MORNINGSTAR, Plaintiff VS. DAVID A. YOUNT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - .'?.5~(~ Civil Term CIVIL ACTION o LAW CUSTODY COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND NOW, this :"~ day of July 2003, comes the Plaintiff, Judith A. Momingstar, by her attorney, Diane M. Dils, Esquire, and respectfully requests the following: The Plaintiff is Judith A. Momingstar, an adult individual whose current legal address is 432 Candlewyck Road, Camp Hill, Cumberland County, Pennsylvania 17011. The Defendant, David A. Yount, is an adult individual currently residing at 432 Candlewyck Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant were married on May 28, 1995, in Camp Hill, Pennsylvania. 4. As a result of said marriage, one child was born; namely: Hannah E. Yount, born April 20, 1998. As a result of the Plaintiff's employment, she is currently traveling to Florence, South Carolina, Monday through Friday, and returns home to Camp Hill, Pennsylvania, every weekend. The minor child had been residing with the Defendant, Monday through Friday, at the marital residence, and on weekends, the minor child was residing with the Plaintiff at the marital residence. 7. On Saturday, July 19, 2003, the Plaintiff requested and the Defendant agreed that the Plaintiff may take the child to Florence, South Carolina. o Simultaneously with the filing of this Complaint for Custody, the Plaintiff has filed a Petition for Emergency Relief as a result of an incident which occurred between the Defendant and the Plaintiff's seventeen year-old son, Derek Kelly, said incident is more specifically set forth in the Petition for Emergency Relief. 9. There has been no prior action for custody or visitation in this matter. 10. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor child in this or any other Court. 11. The Plaintiff has no information of the custody proceedings conceming the child pending in a Court of this Commonwealth or any other state. 2 12. The Plaintiff 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. 13. The Court of Common Pleas of Cumberland County has full jurisdiction in this matter as the minor child has resided in the town of Camp Hill, County of Cumberland, since her birth. WHEREFORE, the Plaintiff, Judith A. Momingstar, respectfully prays your Honorable Court to grant her primary physical custody of her daughter. Respectfully submitted, BY: ~ils, ~ 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 3 VERIFICATION I verify that the statements made in this Complaint for Primary Physical Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CiS. Section 4904 relating to unsworn falsification to authorities. Date: July 22, 2003 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint for Primary Physical Custody has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the c~z7 day of July 2003, addressed as follows: Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 Respectfully submitted, BY: 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: July 22, 2003 JUDITH A. MORNINGSTAR, Plaintiff/Petitioner VS. DAVID A. YOUNT, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - ~.~'~,k ~ Civil Term CIVIL ACTION - LAW CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, this c,~J day of July 2003, comes the Plaintiff/Petitioner, Judith A. Morningstar, by her attorney, Diane M. Dils, Esquire, and respectfully requests the following: 1. The Plaintiff is Judith A. Morningstar, an adult individual whose current legal address is 432 Candlewyck Road, Camp Hill, Cumberland County, Pennsylvania 17011. The Defendant, David A. Yount, is an adult individual currently residing at 432 Candlewyck Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant were married on May 28, 1995, in Camp Hill, Pennsylvania. 4. As a result of said marriage, one child was born; namely: Hannah E. Yount, bom April 20, 1998. As a result of the Plaintiff's employment, she is currently traveling to Florence, South Carolina, Monday through Friday, and returns home to Camp Hill, Pennsylvania, every weekend. o Your Petitioner's two older children from a prior marriage also resided with the Respondent, David A. Yount, and the minor child, Hannah E. Yount, at the marital residence. Said children are: Derek Kelly, age 17 years, and Ryan Kelly, age 20 years. On Wednesday, July 16, 2003, an altercation occurred between Derek Kelly and his step-father, the Respondent, David A. Yount. The altercation involved physical violence on the part of the Respondent against the minor child, Derek Kelly, and said physical altercation ended with the Respondent physically removing both Derek Kelly and Ryan Kelly from the marital home. 8. Said physical altercation occurred in the presence of the minor child, Hannah E. Yount. Cumberland County Children & Youth Services were contacted and attached hereto and marked Exhibit "A" is a copy of a letter from Cumberland County Children & Youth Services addressed to Petitioner confirming an investigation has commenced. your 2 10. On Friday, July 18, 2003, when your Petitioner returned to Camp Hill, Pennsylvania, for the weekend to be with her minor daughter, Hannah E. Yount, your Petitioner attempted to discuss with the Respondent the physical custody arrangements of the minor child, Hannah E. Yount. The Respondent refused to discuss the same, entered the home, and physically removed the minor child, Hannah E. Yount, from the marital home preventing your Petitioner to enjoy the evening with her daughter. 11. The Respondent contacted your Petitioner on her cell phone on Saturday, July 19, 2003, and at that time, permitted your Petitioner to take the minor child, Hannah E. Yount, to Florence, South Carolina, where the Respondent indicated to your Petitioner that the child should be returned by August 11, 2003. 12. Within one week, your Petitioner will be entering into a lease for the rental of a three bedroom, two bath home located in Florence, South Carolina, in that she will be permanently situate in Florence, South Carolina, as a result of her employment. 13. Your Petitioner, Judith A. Morningstar, believes that the best interest of her daughter, Hannah E. Yount, will be served by granting her primary physical custody and permitting her daughter to reside in South Carolina with her mother and her 17-year old step-brother, Derek Kelly. 3 14. Your Petitioner believes that the minor child is in danger, in that, the Respondent became physical with your Petitioner's son, age 17 years, in front of the minor child, completely disregarding the affect that the same would have upon the minor child. 15. Your Petitioner believes that the Respondent would again "snatch" the minor child, Hannah E. Yount, and prevent her from seeing her daughter, as he did on Friday, July 18, 2003. WHEREFORE, your Petitioner, Judith A. Momingstar, respectfully prays your Honorable Court to grant her primary physical custody of her daughter pending the investigation by Cumberland County Children and Youth Services, and pending further Order of your Honorable Court. Respectfully submitted, Diane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: July 22, 2003 4 EXHIBIT "A" Cumberland Count Children & Youth Services July 18, 2003 Agency Administrator Gary I Shuey, MSW, LSW Suite 200 Human Services Building 16 West High Street Carlisle, PA 17013-2961 (717) 240-6120 (717) 697-0371, Ext. 6120 (717) 532-7286, Ext. 6120 Ms. Judi Mommgstar 432 Candlewyck Rd. Camp Hill, Pa. 17011 RE: Derek Kelly CL#: 21-05953 Dear MsMomingstar: A report of suspected child abuse concerning the above named child has been made to our Agency and the Pennsylvarfia Department of Public Welfare. Under the law, our Agency must conduct an investigation to determine whether or not the child was abused. Also, we are required by law to report certain types of snspected abuse to the police. Cumberland County Children and Youth Services and the police will coordinate and cooperate throughout the investigation, but the investigations are separate and different determinations can be reached. You are receiving tkis letter because as the subject of a suspected child abuse report, that is, as a parent and/or alleged perpetrator of abuse of the above named child the Child Protective Services Law (CPSL) and Department of Public Welfare regulations require the county children and youth agency to notify all subjects in a report of suspected child abuse about the existence of the report, the nature of the allegatiuns, their right to receive a copy of the report, their legal rights, the possible impact of a confmmed report on future employment, and the social services available to protect children. According to the report, the type of suspected abuse was: physical abuse. The Agency is required to complete the investigation within 30 days. If additinn~l information is necessary to complete a thorough and complete investigation, the Ag.ehcy has an additional 30 days to complete the investigation. The Agency needs deterfizine if the report ~s !'unfounded", '~indicated", or '~founded". An unfounded report is any report in which there is no evidence of child abuse as defined by the law. An indicated report is a report in which the county agency determihes that the child was abused. A founded report is a report in which a court de.termines that the child was abused, As a subject of the report, you may receive a copy of the report by writing to this Agency or to the ChildLine and Abuse Regisn-y, Hillcrest, 2~d Floor, P. O. Box 2675, Harrisburg, PA 17105-2675. Cumberland County Children and Youth Services Page 2 The name of the person who made the report or any other person who cooperated in the investigation may not be released except by the Secretary of Public Welfare upon written request. Such request should be sent to Secretary of Public Welfare in care of the ChildLine and Abuse Registry, P. O. Box 2675, Harrisburg, PA 17105-2675. If the report is determined to be unfounded, the report shall be expunged as soon as possible but no later than 120 days after the one year period following the date the report was received. However, if the investigation reveals that the child and family need social services provided by or arranged by our Agency, the records will be retained and indicate that the report of suspected child abuse was unfounded. If the report is determined to be indicated, the person responsible for the abuse may request that the report be amended or expunged if he or she feels the report is not accurate. Such requests must be made to the Secretary of Public Welfare at the above address within 45 days after being notified that the report is indicated. Not all abuse matters go to Juvenile Court. However, where there is no cooperation to assure safety of the child, Cumberland County Children and Youth Services will petition Juvenile Court. If the case goes to Juvenile Court, you have the right to have an attorney, in~'oduce evidence and cross-examine witnesses. If you cannot afford an attorney, the Court may appoint an attorney to represent you at no cost. If the Court finds a perpetrator is an abuser, that finding may not be appealed to the Department of Public Welfare. A person responsible for the abuse in a founded report may not be employed in any child care service, public or private school, or be a foster or adoptive parent within five (5) years of when the abuse was comrmtted. A person convicted of any of the crimes listed in Section 6344 of the Child Protective Service Law (SS Pa. C.S.A. §6344) may never be employed in any child care service, public or private school, or be a foster or adoptive parent. The goal of our Agency is to protect chiIdren from harm and where possible to keep them in their own homes. To help parents and other caregivers to keep children in their own homes, our Agency provides or arranges for social services for the child and family. I will gladly discuss with you services that are available. If you have any questions during the investigation, please call me. The Agency telephone number is 240-6120; 697-0371 ext. 6120 or 532-7286 ext. 6120. Sincerely, Ran~dy~W Beatty Caseworker I acknowledge receipt cfa copy of this letter. Signature: Date: CCC&YS CPS-7 Rev. I 1/99 VERIFICATION I verify that the statements made in this Petition for Emerge, ney are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CiS. Section 4904 relating to unsworn falsification to authorities. J~DITH A. MORNINGST~R/ Date: July 22, 2003 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Petition for Emergency Relief has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on thea~ day of July 2003, addressed as follows: Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 Respectfully submitted, 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: July 22, 2003 JUDITH A. MORNINGSTAR, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID A. YOUNT, DEFENDANT/RESPONDENT : 03-3526 CIVIL TERM ORDER OF COURT AND NOW, this ~,~ .day of July, 2003, the petition for special relief IS DENIED without a hearing. The custody complaint is refereed to conciliation. ~.dgar I~/~. V~omas J. Williams, Esquire For Respondent ~_...o~.~ ~lane M. Dils, Esquire ~"~ ~ .~.~, 0.~ For Petitioner JUDITH A. MORNINGSTAR PLAINTIFF If. DAVID A. YOUNT DEFENDANT IN THE COURT OF COMMON PLEAS OF cUMBERLAND COUNTY, PENNSYLVANIA 03-3526 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW,~ Wednesday, Ju~ly 30? 2003 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. G~sq. _, the conciliator, 301 Market Street, Lemoyne, PA 17043 on _ Monday, September 08, 2003 at 10:30 AM at 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 nm'Cow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be l~resent 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. Greev~sq. 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 beibre 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 ~NVAq,kSNN'~d X~, ..... ~.~NO SEP U5zO03 JUDITH A. MORNINGSTAR, Plaintiff V DAVID A. YOUNT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 3526 CIVIL : 2003 - 3408 : 1N CUSTODY COURT ORDER AND NOW, this ~ day of ~ ,2003, upon consideration of the attached Custody Conciliation Report, ~rdered an~it is I directed as follows: The parties shall submit themselves and their minor child to a custody evaluation to be performed by an independent evaluator selected by legal counsel for the parties. Costs of the evaluation shall be paid by the Mother out of a fund created by her severance pay from her former employer. The parties further agree that upon payment of the costs of the custody evaluation, the monies remaining in the severance fund may be split equally between the parties. Upon the conclusion of the evaluation and in the event the parties are unable to reach an agreement at that time, legal counsel for the parties may contact the conciliator directly to schedule another custody conciliation conference. e Pending further order of this court, it is ordered that the Mother, Judith A. Morningstar, and the Father, David A. Yount, shall enjoy shared legal custody of Hannah E. Yount, born May 20, 1997. o Physical custody shall be handled whereby Mother has custody of the minor child on three weekends per month and Father has custody during the other times during the month. The parties may modify that scydule as they agree. / sv Edga 'l " a e: r ! CC: mas J. Williams, Esqmre .~ JUDITH A. MORNINGSTAR, Plaintiff V DAVID A. YOUNT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 3526 CIVIL 2003 - 3408 1N CUSTODY Prior Judge: Edgar B. Bayley, Jr. 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: Hannah E. Yount, born May 20, 1997. A Conciliation Conference was held on August 22, 2003, with the following individuals in attendance: The Mother, Judith A. Morningstar, with her counsel, Diane M. Dils, Esquire; and the Father, David A. Yount, with his counsel, Thomas J. Williams, Esquire. 3. The parties agree to the entry of an order in the form as attached. STEVEN E LEHMER and DIANE R. LEHMER, his wife, Plaintiffs NICOLE R. TAYLOR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. CIVIL ACTION'- LAW NO. 03-3562 JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT NICOLE R. TAYLOR 23. 24. 25. 26. Lehmer. 27. Denied. driving. The averments in Plaintiffs' Complaint are incorporated herein as if set forth at length. Denied. Plaintiff was in no way contributorily or comparatively negligent. Denied. Plaintiffs elected full tort motor vehicle liability insurance. Denied. There is no comparative or contributory negligence on the part of Steven Plaintiff in no way voluntarily assumed the risk of Defendant's negligent WHEREFORE, Plaintiffs requests Your Honorable Court to dismiss the New Matter of Defendant and enter judgment in their favor. Date: Respectfully submitted, ANG1NO & ROVNE~, P.C. /ni ,ftsquire m Nq./2 8/ 4503 ~q.(Front Street Hanfi~burg, PA 17110 (717) 238-6791 Counsel for Plaintiff(s) 263341.1 \NJRWiAR ATTORNEY AFFIDAVIT I, Neil J. Rovner, Esquire, state that I am counsel for Plaintiffs, that I am authorized to make this Verification on behalf of said Plaintiff, and have read the foregoing and do hereby declare and affirm that the facts set forth in the foregoing are correctly derived fi.om the discovery record. I understand that this Verification is made subject to the penalties of 28 U.S.C. §1746, relating to unswom falsification to authorities. Sworn to and subscribed to before me on this 5th day of September, 2003 MegariJA. Reinard Notary Public Et. NSG~ BORO,, LiB, COMMISSION EXPIRES MAY 7, 200,5 Neil J ~)~ow~r~ Esquire 263341. l \NJRhMAR CERTIFICATE OF SERVICE I, Christine M. Gallagher, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of Plaintiffs' Reply to New Matter of Defendant Nicole R. Taylor upon all counsel of record via postage prepaid first class United States mail addressed as follows: Robert P. Reed, Esquire P.O. Box 6034 Harrisburg, PA 17112 Christine M. Gallagher ~-~ 263341.1 XNJRhMAR