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HomeMy WebLinkAbout03-6451LINDA J. ABELLA, Plaintiff SUSAN M. KECK and, JAMES EDWARD WILLIAMS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY COMPLAINT IN CUSTODY ./~da /~)~ 2003, Plaintiff Linda J. Abella, by AND NOW, this ~ y of comes and through her attorney, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is a statement: 1. Plaintiff Linda J. Abella is an adult individual currently residing at 1021 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant Susan M. Keck is an adult individual whose last known address was 13 West Main Street, Apartment 3, Mechanicsburg, PA, 17055. 3. Defendant James Edward Williams is an adult individual with a last known address of 552 Second Street, Steelton, PA, 17113-2901. 4. Plaintiff seeks primary physical custody and primary legal custody of the following Minor Child: Name Brooklyn Renee Willilams Present Address 1021 West Trindle Rd. Mechanicsburg, PA 17055 Date of Birth 03/03/1998 Plaintiff is the maternal aunt of the above mentioned Minor Child. months. Child. Minor Child. Plaintiffhas stood in locoparentis to the Minor Child for a period in excess of six Defendant Susan M. Keck is the natural mother of the above-mentioned Minor Defendant James Edward Williams is the natural father of the above-mentioned The Minor Child was bom in wedlock. The Minor Child is presently in the custody of Plaintiffwho resides at 1021 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 5. For the past five years the Minor Child has resided with the following persons at the following addresses: Name Susan M. Keck Linda J. Abella Linda J. Abella Address Date 856 Larzeke Avenue Zanesville, OH 519 East Simpson Street Mechanicsburg, PA 17055 1021 West Trindle Road Mechanicsburg, PA 17055 From birth until April 2003 From April 2003 September 2003 September 2003 until present The mother of the Minor Child is Defendant Susan M. Keck whose last known address was 13 West Main Street, Apartment 3, Mechanicsburg, PA, 17055. 293507-1 The father of the Minor Child is Defendant James Edward Williams whose last known address is 552 Second Street, Steelton, PA 17113-2901. 6. The relationship of Plaintiff to the Minor Child is that of maternal aunt. The Plaintiff currently resides with the following persons: Name Brooklyn Renee Williams Brian Barkley Robert L. Keck, Jr. Relationship Niece Boyfriend Brother 7. The relationship of Defendant Susan M. Keck to the Minor Child is that of natural mother. It is unknown with whom Defendant Susan M. Keck currently resides. 8. The relationship of Defendant James Edward Williams to the Minor Child is that of Natural Father. It is unknown with whom Defendant James Edward Williams currently resides. 9. Plaintiff has not participated as a party or witness, or in any other capacity or in any other litigation concerning the custody of the Minor Child in this or any other court. Plaintiff has no information of any custody proceeding concerning the Minor Child pending in a court of law of this Commonwealth. Plaintiff does not know ora 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. 293507-1 10. The best interest and permanent welfare of the Minor Child will be served by granting the relief requested because: (a) Plaintiff has played an active role in the raising and care of the Minor Child and has stood in locoparentis for a period of more than six months; (b) The best interest of the Minor Child will best be served by continuing a relationship with Plaintiff; (c) Plaintiff is in a position, both financially and emotionally, to provide stability and custody for the Minor Child; (d) Plaintiff is in a position to provide a stable, responsible environment for the raising of the Minor Child; (e) Defendant Susan M. Keck has no stable address; (f) Defendant Susan M. Keck is currently addicted to crock cocaine and has openly admitted it to Plaintiff; (g) Defendant Susan M. Keck has expressed a desire that her sister, Plaintiff Linda J. Abella, have custody of the Minor Child as she is unfit to raise the Minor Child at this time; (h) Defendant Susan M. Keck is on probation with police, and it is anticipated that she likely will go to jail in the near future due to failure to meet the requirements of her probation; (i) Defendant James Edward Williams has had little or no involvement in the raising of the Minor Child; and (j) Defendant James Edward Williams has been in and out of prison and is also currently wanted by the authorities, and it is believed that he will also retum to prison. 293507-1 11. Each parent whose parental rights to the Minor Child have not been terminated and the person who has physical custody of the Minor Child have been named as parties to this action. WHEREFORE, Plaimiff Linda J. Abella requests the Court to grant her primary physical custody and primary legal custody of the Minor Child. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 293507-1 VERIFICATION I, Linda J. Abella, verify that the statements made in the foregoing Complaint in Custody are tree 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. Dated: Linda J. Abella v Document #265685 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, 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 mail, prepaid, this ~- day o ~-x/k.. ,2003, on the following: Susan M. Keck 13 West Main Street Apartment 3 Mechanicsburg, PA 17055 James Edward Williams 552 Second Street Steelton, PA 17113-2901 Andrew C. S%sqmre Document #265685 LINDA J. ABELLA PLAINTIFF V. SUSAN M. KECK AND JAMES EDWARD WILLIAMS DEFENDANT IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-6451 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 17, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , thc conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, January 20, 2004 at 9:30 AM for a Pm-Hearing Custody Confcrancc. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot bc accomplished, to define and narrow the issues to bc heard by thc court, and to enter into a temporary order. All children age five or older may also bc prcsant at thc conibrence. Failure to al~pcar 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. Greevy, 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 JAN 2 7 2004 LINDA J. ABELLA, Plaintiff SUSAN M. KECK and JAMES EDWARD WILLIAMS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6451 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendants TEMPORARY ORDER OF COURT AND NOW, this L~ ~' day of ~"y~, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Plaintiff, Linda J. Abella,'and the Defendant, Susan M. Keck, shall have shared legal custody of the minor child, Brooklyn Renee Williams, born March 3, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the exteni one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as [o make the records and information of reasonable use to the other parent. 2. Physical Custody. The Plaintiff, Linda J. Abella, shall have primary physical custody of the minor child subject to Mother's rights of partial physical custody which shall be arranged by mutual agreement of the Mother and the Plaintiff. Father shall have periods of partial custody as all parties may agree. In the event that the parties do not agree, Father retains the right to present a petition for modification to the Court to establish a schedule of partial custody. Should Father file such a petition, the matter will be referred to Custody Conciliation within the usual course of business. 3. Plaintiff's counsel shall make reasonable attempts to serve the Defendant Father with a copy of this Order and thereafter shall file a Certificate of Service to indicate that service has been completed. Dist: Andrew C. Spears, Esquire, P.O. Box 5300, Harrisburg, PA 17110-0300 Susan M. Keck, 13 W. Main Street, Apt. 3, Mechanicsburg, PA 17055 James Edward Williams, 552 Second Street, Steelton, PA 17113-2901 LINDA J. ABELLA, Plaintiff SUSAN M. KECK and JAMES EDWARD WILLIAMS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6451 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Brooklyn Renee Williams DATE OF BIRTH March 3, 1998 CURRENTLY IN THE CUSTODY OF Maternal Aunt 2. A Custody Conciliation Conference was held on January 20, 2004 with the following individuals in attendance: the Maternal Aunt/Plaintiff, Linda J. Abella, and her counsel, Andrew C. Spears, Esquire; the Mother, Susan M. Keck, appeared pro se. James Edward Williams did not attend. 3. Mother's counsel indicated that he had attempted to locate Mr. Williams unsuccessfully. Attempts were made to serve him with notice of the Conciliation by certified and regular mail at two (2) different addresses. Counsel speculates that the difficulty in locating Mr. Williams may be related to outstanding warrants. 4. · Plaintiff's position on custody is as follows- Plaintiff is the Maternal Aunt of the minor child who has physical custody of the child as arranged by agreement of the Defendant, Susan M. Keck, the biological mother. Ms. Abella alleges that she is standing in Ioco parentis and has done so since April 2003 with Mother's consent. She further alleges that Father has very little involvement with the child's life. She represents that she has a cooperative relationship with the Mother that allows the child to spend time with her Mother on a frequent and informal basis. She is willing to continue to work with the Mother and maintain the flexibility of the arrangement that has been working constructively for the benefit of this child. NO. 03-6451 CIVIL TERM 5. Mother's position on custody is as follows: Mother acknowledges that she has arranged with the child's Maternal Aunt to have her reside in Ms. Abella's home. She confirms that she is satisfied with the present arrangement and the care and concern demonstrated by the Plaintiff. Mother acknowledges that she is presently residing with a friend with whom the child does not have a relationship. 6. The Mother and the Plaintiff have an agreement with regard to the minor child which is reflected in the Order as attached. Because there was no service on the Father, the Conciliator recommends that Plaintiff's counsel make reasonable attempts to serve the Order on the Defendant Father and thereafter file a Certificate of Service. All parties present were in agreement to providing the language of Paragraph 3 which would allow Father to seek modification of the Order upon the proper presentation of a petition before the Court. The attached Order confirms to status quo. Melissa Peel Greevy, Esquire Custody Conciliator :223328