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HomeMy WebLinkAbout03-4213BOBBI LITTLE, COREY LITTLE, Plaintiff VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 ~ t_] ,l. ! 7~ CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Bobbi Little. Plaintiff's permanent residence is 146 A Street, Carlisle, PA 17013. 2. The defendant is Corey Little, residing at 126 E. Maple Ave., Apt. D15, Morrisville, PA 19067. 3. The plaintiff seeks custody of the following children: Name Present Residence Age Nicole Little 146 A. Street, Carlisle, PA 17013 10/27/92 DOB, 10 years old. The child, Nicole Little, was not bom out of wedlock. The child is presently in the custody of the mother, who resides at 146 A. Street, Carlisle, PA 17013. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Bobbi and Corey Little Bobbi Little Corey Little Bobbi Little Duband Ave., Bloomsburg, PA 3131 Knights Rd, Ben Salem, PA 126 E. Maple Ave. Apt DI5, Mordsville, PA 146 A Street, Carlisle, PA Birth to 07/07/98 07/07/98 to 08/28/00 08/28/00 to 06/25/03 06/25/03 to present The mother of the child is Bobbi Little, currently residing at 146 A. Street, Carlisle, PA 17013. She is single. The father of the child is Corey Little, currently residing at 126 E. Maple Ave. Apt D15, Mordsville, PA 19067. He is mamed. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Chris McFalls Fianc6 Nicole Little Daughter Destiny McFalls Daughter 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Kiran Little Wife Sumaya Little Daughter Zehera Little Daughter 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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 children. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has provided for her emotional, physical, educational, and medical needs including establishing a stable home environment for her, and she can continue to provide for the child. b) The child has a close relationship with her half-sibling, Destiny McFalls, with whom she has resided since her birth. c) The mother has a stable job and can provide a stable home environment for the child. d) The mother feels it is in the child's best interest to attend a public school in order to better develop socially and educationally, which would be limited by the father's wishes to home school the child. e) The child was registered for school and began fifth grade classes in the Carlisle School District on August 25, 2003. f) The mother feels it is in the child's best interest to continue to celebrate holidays and birthdays as she is accustomed to, but this would be prohibited in the father's home where they practice the Muslim faith. g) The father has not acted in the best interest of the children in ways including but not limited to the following: i) The father originally informed the mother that he and his family planned to vacation in the United Arab Emirates, where his new wife has family and other relatives. ii) After the mother's initial agreement to cooperate in getting the child a passport, the father informed the mother that he had quit his job in the United States and was seeking employment in the United Arab Emirates. iii) The mother fears that the father intends to remove the child from the state and move her permanently to the United Arab Emirates. 10. Without the action of the court, the mother and the child are in danger of irreparable 11. The mother requests that the court order the following: a. Grant her primary physical and legal custody of the child. b. Enjoin the father from removing the child from Pennsylvania. c. Order the father to surrender the child's passports, birth certificates, and social security cards to the court and order that the child's passports be impounded. d. Bar the father from obtaining new passports for the child. e. Order the father to post a bond to be used if enforcement of this Order would be necessary with the amount to be determined by the Court. 12. 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 requests this Court to grant her primary physical and legal custody of the child. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Jessica Diamondstone Attorneys for Plaintiff Mid Penn Legal Services 8 lrvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Plaintiff, Bobbi L. Little, verifies that the statements made in the above Complaint are tree and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~] ]C~/05 ~r~~~ ~ Bobb~'%d.,~e, Plaintiff c0. ' BOBBI LITTLE, Plaintiff COREY LITTLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- C1VIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Bobbi Little, Plaintiff, to proceed in forma pauperis. I, Joan Carey, 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. Jessica Diamondstone Attorneys for Plaintiff MidPerm Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 BOBBI LITTLE, Plaintiff VS. COREY LITTLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 03-c/~I~ CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Bobbi Little, by and through her counsel, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who resides at 146 A Street, Carlisle, Cumberland County, PA, 17013. 2. Respondent is the above-named Defendant, hereinafter referred to as the father, who resides at 126 E. Maple Ave., Apt. D15, Morrisville, Bucks Coun~t, PA 19067. 3. The above-named parties are the natural parents of Nicole Little, bom October 27, 1992. 4. By mutual agreement the mother and father have agreed to share custody of the child. From the date of separation on July 7, 1998, until August 28, 2000, the child lived primarily with the mother and saw the father every other weekend, every other holiday and for half of the summer. From August 28, 2000 to June 25, 2003, the chihl lived primarily with the father and saw the mother every other weekend, every holiday and all summer. From June 25, 2003 to the present, the child lms been living with the mother and sees the father every other weekend. 5. The father is not acting in the children's best interest for reasons including, but not limited to, the following: a. The father originally informed the mother that he and his family planned to vacation in the United Arab Emirates, where his new wife has family and other relatives. b. After the mother's initial agreement to cooperate in getting the child a passport, the father informed the mother that he had quit his job :in the United States and was seeking employment in the United Arab Emirates. c. The mother fears that the father intends'to remove the child from the state and move her permanently to the United Arab Emirates. d. The father has assumed the Muslim religious beliet~ of his new wife and no longer permits the child to celebrate various holidays and hirthdays, to which she is accustomed to celebrating. 6. The mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. The mother is presently able to provide for the child by giving the child a nurturing environment and providing for her emotional, physical, medical and educational needs. b. The child was registered and began fifth grade classes in the Carlisle School District on August 25, 2003. c. The mother has a stable job and can provide a stable home environment for this child. 7. The mother requests that the Court grant primary physical and legal custody of the child to her and prohibit the father from taking the child out of Pennsylvania. 8. Without this Court's intervention, the child is at risk of being harmed from being denied contact with her mother. The fact that the United Arab Em[rates is not a signatory of the Hague Convention compounds the risk that the mother could lose all contact with the child. 9. Plaintiff is not aware that the father has legal counsel and, therefore, cannot attempt to contact her/him to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. That the Court immediately grant primary custody to the mother subject to partial custody in the father while in the state of Pennsylvania. b. That the Court prohibit the father from removing the child from the state of Pennsylvania. c. Order the father to surrender the child's passport, birth certificate and social security card to the Court and order that the child's passport; be impounded. d. Bar the father from obtaining a new passport for the child. e. Order the father to post a bond to be used if enforcement of this Order would be necessary with the amount to be determined by the Court. Petitioner also requests any other relief this court deems just and proper. Respectfully s~,mitted, ~, Jessica Diamondstone Attorneys for Plaintiff/Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Bobbi L. Little, verifies that the statements made in the above Petition are true and correct. Plaintiffunderstands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Bobhi'L._Liffle, Plaintiff 28 03 BOBBI LITTLE, COREy LITTLE, VS. Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- L/o~[~ CiVIL TERM CUSTODY _ORDER OF COURT AND NOW, this ~I.' day of Relief, the following order is ~-ntere~d: _, upon consideration of the Petition For Special 1. Bobbi Little shall have primary physical and legal[ custody of the child) ~o,~a,~,~ ~-~¥~- 2. Corey Li~le shall be enjoined from removing the child from Pe~sylvania. 3. Corey Li~le shall su~ender the child's passpo~, bi~h ce~ificate, and social security card to the cou~ and the child's passpo~ shall be impounded. 4. Corey LiRle shall be b~ed from obtaining new passpo~s for the child. 5. ~~eshal1 o~ ~a,_, me~ssa~ ~th th. ~uuut t~ b~ d~t*unined by the Cdum Joan Carey, Attorney at Law Jessica Diamondstone, Attorney at Law MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Corey Little 126 East Maple Avenue Apartment D 15 Morrisville, PA 19067 By the Court, %. BOBBI LITTLE PLAINTIFF : V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4213 CIVIL ACTION LAW COREY ~TTLE : ~ CUSTODY DEFENDANT ORDER OFCOURT AND NOW,, Tuesday, September 02, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_a~cqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 25, 2003 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. 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/ Jacqueline M. Verney. 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 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 BOBBI LITTLE, Plaintiff VS. COREY LITTLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 03-t/~l'~ CIVILTERM IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Corey Little with a Complaint For Custody and a Petition for Special Relief on August 26, 201)3 by certified mail, return receipt, restricted delivery, to the person and address below: Core¥ Little 126 East Maple Avenue Apartment D15 Morrisville, PA 19067 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: ~/~/~ Signature: BOBBI LITTLE, Plaintiff V. COREY LITTLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-4213 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of March, 2004, the Conciliator having held jurisdiction open for ninety days without receiving a request for a conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~c--q~j~li;e M. Vemey, Esquire, Custodaf Conciliator