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HomeMy WebLinkAbout08-0573ANNA MARIE SHOFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08- Y7-3 CIVIL TERM ADAM DAVID RUSSELL, Defendant : CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Anna Marie Shoff, hereinafter referred to as Mother. Mother resides at 5 Park Circle, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Adam David Russell, hereinafter referred to as Father. Father is believed to reside at either 217 Springview Road, Carlisle, Cumberland County, Pennsylvania 17015, with his mother, or 56 West Main Street, Plainfield, Cumberland County, Pennsylvania 17081, with his paramour. 3. Mother seeks primary physical custody of the minor child: Name Present Residence Age Lexus Marie Russell 56 West Main Street 5.10.07 DOB, 8 mths old Plainfield, PA 17081 Lexus was born out of wedlock. Lexus is presently in the custody of Father as a result of his refusal to return her to Mother's custody following an agreed upon visit scheduled for January 13, 2008 - January 14, 2008. During her lifetime, Lexus has resided with the following persons and at the following addresses: Name Address Date Anna Marie Shoff 25 North Corporation St. #3 birth - 6/07 Adam Russell Newville, PA Anna Marie Shoff 5 Park Circle Adam Russell Newville, PA Louise Myers Anna Marie Shoff 5 Park Circle Louise Myers Newville, PA Adam Russell 56 West Main Street Renee Harper Plainfield, PA Renee's 3 children Amanda Russell John (unknown last name) 5. Mother lives with the following persons: Name Louise Myers 6/07 - 9/07 9/07 -1/13/08 1/13/08 -present Relationship Maternal Grandmother 6. It is believed that Father lives with the following persons: Name Relationship Renee Harper Paramour Renee's daughter Paramour's child Renee's daughter Paramour's child Renee's son Paramour's child John (unknown last name) Roommate Amanda Russell Sister Lexus Russell Child with Anna Marie Shoff 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Lexus in this or another court. 8. Mother has no information of a custody proceeding concerning Lexus pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Lexus or claims to have custody or visitation rights with respect to Lexus. 10. Lexus's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since Lexus was born, Mother has been her primary caretaker and has been responsible for her emotional, physical, educational, financial and medical needs. b. Mother is fully capable of caring for Lexus on a primary basis and has done so since her birth. c. Mother is willing to communicate with and work cooperatively with Father to co- parent Lexus and will encourage their father/daughter relationship. d. Mother has worked to co-parent with Father by allowing him increased visits with Lexus prior to Father's sentencing to ensure a strong father/daughter bond if Father were to be absent for a period of incarceration. e. Mother further demonstrated her willingness to encourage a father/daughter relationship between Lexus and Father by continuing to allow visits despite Father's first attempt to withhold Lexus at the end of December 2007. At that time Father refused to return Lexus to Mother's custody and the paternal grandmother had to facilitate Lexus's return to Mother's care. 10. Father has not acted in Lexus's best interests in ways including but not limited to the following: b. Father was historically not an active participant in raising Lexus since she was born. c. Father took Lexus for an agreed overnight visit on January 13, 2008 and subsequently refused to return Lexus to Mother's custody. d. Father's decision to keep custody of Lexus immediately followed Mother's decision to file for child support case against Father on behalf of Lexus. Since Father took and kept Lexus, he was able to have Mother's child support action dismissed. e. Father has a history of drug use and on January 8, 2008, was sentenced to twenty- three months of probation for various drug offenses. Mother is concerned that Father's drug use will interfere with his ability to care for Lexus for extended periods of time. f. Father is believed to live in an overcrowded residence with his girlfriend, her three children, his sister, and a roommate. g. Mother has reason to believe that Father's girlfriend is also involved in the use and distribution of illegal drugs and Mother fears that this is not a safe situation for Lexus to be in for any extended period of time. h. On two occasions since January 13, 2008, Father contacted Mother from a private number and has turned off his cell phone in order to refuse Mother's calls. He has further completely denied Mother any contact with Lexus. 12. Every person with rights to custody or having actual physical custody of Lexus has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: 1. That the parties shall share legal custody of Lexus. 2. That Mother shall have primary physical custody of Lexus. 3. That Father shall have periods of partial custody at times and places agreed upon by the parties. 4. That the non-custodial parent shall have reasonable telephone contact with Lexus while she is with the other parent. 5. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Lexus during various holidays. 6. Neither party shall consume alcohol or illegal drugs when Lexus is in their custody and neither party shall allow Lexus to be exposed to persons who have been consuming alcohol or illegal substances. Moreover, neither party shall allow illegal drugs or drug paraphernalia in their homes when Lexus is in the home. 7. Any other relief this Court finds just and equitable. Respectfully submitted, Je c olst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Anna Marie Shoff, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true 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: ( _ ?a Marie Shoff" ANNA MARIE SHOFF, vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- ADAM DAVID RUSSELL, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL CIVIL TERM I, Jessica Holst, do hereby swear that I served Adam David Russell, with a Petition for Special Relief on 2008 by certified mail, return receipt, restricted delivery, to the person and address below: Adam Russell 217 Springview Road Carlisle, PA 17015 Adam Russell c/o Renee Harper 56 West Main Street Plainfield, PA 17081 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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: Signature: ANNA MARIE SHOFF, CUMBERLAND COUNTY, PENNSYLVANIA VS. IN THE COURT OF COMMON PLEAS OF Plaintiff ADAM DAVID RUSSELL, Defendant NO. 08- S)3 CIVIL TERM : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Anna Marie Shoff, Plaintiff, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. JEsquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 - __., r' > - ? L.. ? i .. C.._ -,- ,- h?'j+ ?.: i . ?: _?? ?•' .? ANNA MARIE SHOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff VS. ADAM DAVID RUSSELL, Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO.08- S'73 CIVIL TERM CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Anna Marie Shoff, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as Mother, who resides at 5 Park Circle, Newville, Cumberland County, Pennsylvania 17241. 2. Respondent is the above-named Defendant, and resides either with his mother at 217 Spring View Road, Carlisle, Cumberland County, Pennsylvania 17015 or with his paramour at 56 West Main Street, Plainfield, Cumberland County, Pennsylvania 17081. 3. The parties are the natural and biological parents of the minor child Lexus Marie Russell, born May 10, 2007. 4. There is no prior Custody Order in this matter. A Custody Complaint has been filed simultaneously with the filing of this Petition for Special Relief. 5. On January 13, 2008, Defendant took Lexus for an agreed upon overnight visit. He has since refused to return Lexus to Mother's custody and Mother has neither seen nor spoken to Lexus since January 13, 2008. 6. Defendant is not acting in Lexus's best interests for reasons including, but not limited to, the following: a. Defendant was historically not an active participant in raising Lexus since she was born. b. Defendant took Lexus for an agreed overnight visit on January 13, 2008 and subsequently refused to return Lexus to Mother's custody. c. Defendant's decision to keep custody of Lexus immediately followed Mother's decision to file for child support case against Defendant on behalf of Lexus. Since Defendant took and kept Lexus, he was able to have Mother's child support action dismissed. d. Defendant has a history of drug use and on January 8, 2008, was sentenced to twenty-three months of probation for various drug offenses. Mother is concerned that Defendant's drug use will interfere with his ability to care for Lexus for extended periods of time. e. Defendant is believed to live in an overcrowded residence with his girlfriend, her three children, his sister, and a roommate. f. Mother has reason to believe that Defendant's girlfriend is also involved in the use and distribution of illegal drugs and Mother fears that this is not a safe situation for Lexus to be in for any extended period of time. g. On two occasions since January 13, 2008, Defendant contacted Mother from a private number and has turned off his cell phone in order to refuse Mother's calls. He has further completely denied Mother any contact with Lexus. 7. Mother is the parent who can best provide for Lexus for reasons including, but not limited to, the following: a. Since Lexus was born, Mother has been her primary caretaker and has been responsible for her emotional, physical, educational, financial and medical needs. b. Mother is fully capable of caring for Lexus on a primary basis and has done so since her birth. c. Mother is willing to communicate with and work cooperatively with Defendant to co-parent Lexus and will encourage their father/daughter relationship. d. Mother has worked to co-parent with Defendant by allowing him increased visits with Lexus prior to Defendant's sentencing to ensure a strong father/daughter bond if Defendant were to be absent for a period of incarceration. e. Mother further demonstrated her willingness to encourage a father/daughter relationship between Lexus and Defendant by continuing to allow visits despite Defendant's first attempt to withhold Lexus at the end of December 2007. At that time Defendant refused to return Lexus to Mother's custody and the paternal grandmother had to facilitate Lexus's return to Mother's care. 8. Without this Court's intervention, Lexus is at risk of being harmed by being denied contact with Mother, the person who has been her primary caretaker since birth. Furthermore Defendant's involvement with illegal drug activity as well has his girlfriend's alleged involvement with drug use and distribution have the potential of subjecting Lexus to a dangerous environment. WHEREFORE, Mother respectfully requests that the Court order the following: a. That Defendant shall immediately return Lexus to Mother's custody. b. That this matter shall be scheduled for a custody conciliation to determine a more specific custody schedule regarding Lexus. c. That until the conciliation the parties shall have shared legal custody of Lexus. d. That until the conciliation, Mother shall have primary physical custody of Lexus. e. That until the conciliation, Defendant shall have periods of partial physical custody at times and places as agreed to by the parties. f. Any other relief this Court finds just and equitable. Respectfully submitted, Je lst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 VERIFICATION The above-named PLAINTIFF, Anna Marie Shoff, verifies that the statements made in the above PETITION FOR SPECIAL RELIEF are true 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: AtIna Marie Shof ANNA MARIE SHOFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08- CIVIL TERM ADAM DAVID RUSSELL, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Adam David Russell, with a Petition for Special Relief on" 2008 by certified mail, return receipt, restricted delivery, to the person and address below: Adam Russell 217 Springview Road Carlisle, PA 17015 Adam Russell c/o Renee Harper 56 West Main Street Plainfield, PA 17081 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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: AUa,r ?S 2 - Signature: ??? 0 ANNA MARIE SHOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08- of T3 CIVIL TERM ADAM DAVID RUSSELL, Defendant : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Anna Marie Shoff, Plaintiff, to proceed in forma ap iMeris. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Je ica I olst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 --, ?.> :E _ i . _,a i , J _ r. .3 t ' r ?. ??.-...I 4? .'..y ANNA MARIE SHOFF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ADAM DAVID RUSSELL DEFENDANT 2008-0573 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 29, 2008 , 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 Thursday, February. 21, 2008 at 8:30 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/ • acqueKne 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 :sue' ?- ??? ?? - ?? ?Q ?•? VWAIAWN3d 6S :oI WV 0E W SW 48b'IW Qdi 3HI -40 3Oe4("-MjL4 IiJAN 2 9 20081 ANNA MARIE SHOFF, Plaintiff vs. ADAM DAVID RUSSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- 0 -?3 CIVIL TERM CUSTODY ORDER OF COURT door AND NOW, this day of upon consideration of the Petition For Special Relief, the following order is entered: a. Defendant shall immediately return the child, Lexus Marie Russell, to Mother's custody. b. The parties shall share legal custody of Lexus. c. This matter shall be scheduled for a custody conciliation to determine a more specific custody order regarding Lexus Russell, born May 10, 2007. d. Until the conciliation conference, Mother shall have primary physical custody of Lexus. e. Until the conciliation conference, Defendant shall have periods of partial custody at times and places as the parties may agree. Judge VINVAIASNN3d 1 h: I I Wv I£ Nvf 8ooz Distribution: Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Adam Russell, pro se Defendant 217 Springview Road Carlisle, PA 17015 Adam Russell, pro se Defendant c/o Renee Harper 56 West Main Street Plainfield, PA 17081 3 FEB 212008 ft ANNA MARIE SHOFF, Plaintiff VI. ADAM DAVID RUSSELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0573 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this /V -day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated January 31, 2008 is hereby vacated. 2. The Mother, Anna Marie Shoff and the Father, Adam David Russell, shall have shared legal custody of Lexus Marie Russell, born May 10, 2007. 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 23 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 the other parent. To the extent 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 to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody of the child: A. Beginning Friday, February 22, 2008 alternating weekends from Friday at 6:00 p.m. to Monday at 8:30 a.m. B. On the off week, one overnight on a day selected by Father one week in advance, from 9:00 a.m. to 8:30 a.m. the next day. C. Such other times as the parties agree. 5. Holidays: A. Thanksgiving shall be shared as agreed from 9:00 a.m. to 4:00 p.m. on Thanksgiving and from 4:00 p.m. to Friday at a time agreed by the parties. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon on Christmas Day to 12:00 noon on December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. The parties shall share Trick or Treat night as agreed. D. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. E. Memorial Day, July 4th and Labor Day shall be alternated by the parties with Father having Memorial Day, 2008 from 9:00 a.m. on the day of the holiday until 8:30 a.m. on the next day. F. The parties shall share physical custody of the child on the child's birthday from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m., as agreed. In the event that the birthday is on a weekday, Father shall have two hours in the evening. G. Each party shall have two non-consecutive weeks in the summer to coincide with their weekend, provided they give the other party 30 days prior notice. 6. Neither party may consume alcohol to the point of intoxication or use illegal drugs immediately before or during their period of custody. 7. Neither party may smoke in their home or in the car when the child is present, and both parties shall restrict other members of the household from smoking in the child's presence. 8. Transportation shall be shared such that the receiving party shall transport. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY Edward E. Guido, J. cc: Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother ,Mark F. Bayley, Esquire, Counsel for Father l:Ofti-ps mt.t CEC(- ?'--:Jq EHi 43 FEB 21 2008 ANNA MARIE SHOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-0573 CIVIL ACTION - LAW ADAM DAVID RUSSELL, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Lexus Marie Russell May 10, 2007 Mother 2. A Conciliation Conference was held in this matter on February 21, 2008, with the following in attendance: The Mother, Anna Marie Shoff, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services and the Father, Adam David Russell, with his counsel, Mark F. Bayley, Esquire. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated January 31, 2008 providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody as agreed by the parties. 4. The parties agreed to an Order in the form as attached. 1. Date acq ine M. Verney, Esquire Custody Conciliator