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HomeMy WebLinkAbout08-3523MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CANDITH Y. HILL, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O 9- 35,73 ?cv>=I ??• CRAIG J. HILL CIVIL ACTION - LAW and TARREN E. HILL, Defendants IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Candith Y. Hill, residing at 119 Catherine Court, Lewisberry, York County, Pennsylvania 17339. 2. Defendant, Craig J. Hill, resides at 96 Carroll Street, Pittston, Luzerne County, Pennsylvania 18643. Defendant, Tarren E. Hill, resides at 117 North Baltimore Street, Dillsburg, York County, Pennsylvania 17019. 3. Plaintiff seeks primary physical custody and shared legal custody of the following child: Name Present Residence Age Caleb James Hill 96 Carroll Street 3 years old Pittston, PA 18643 The child was not born out of wedlock. The child is presently in the custody of Craig J. Hill, who resides at 96 Carroll Street, Pittston, Pennsylvania 18643. During the past five (5) years, the child has resided with the following persons at the following addresses: Name Address Dates Craig J. Hill 96 Carroll Street 4/24/08 to present Michelle Fath Pittston, PA 18643 Sophia Hill Andrea Smith 516 E. Locust Street 1/1/08 to 4/24/08 Jeff Smith Mechanicsburg, PA 17055 Hannah Smith Tarren E. Hill Quaker Station Apartments 3/07 to 12/31/07 Adam Hawbaker Lewisberry, PA 17339 Tarren E. Hill 417 Water Street, Apt. 3 12/1/06 to 3/07 New Cumberland, PA 17070 Tarren E. Hill 417 Water Street, Apt. 3 3/05 to 12/1/06 Craig J. Hill New Cumberland, PA 17070 Tarren E. Hill 13 E. Allen Street Birth to 2/05 Craig J. Hill Mechanicsburg, PA 17050 The mother of the child is Tarren E. Hill, currently residing at 117 North Baltimore Street, Dillsburg, Pennsylvania 17019. She is married. The father of the child is Craig J. Hill, currently residing at 96 Carroll Street, Pittston, Pennsylvania 18643. He is married. 4. The relationship of Plaintiff to the child is that of paternal grandmother. Plaintiff currently resides with the following person: Name Tyler Hill Relationship Son 5. The relationship of Defendant, Craig J. Hill, to the child is that of father. Mr. Hill currently resides with the following persons: Name Relationship Michelle Fath Girlfriend Sophia Hill Daughter of Mr. Hill The relationship of Defendant, Tarren E. Hill, to the child is that of mother. Mrs. Hill currently resides with no one. 6. 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. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child, except for Andrea Smith, of 516 E. Locust Street, Mechanicsburg, Pennsylvania, with whom the child lived for four months in 2008. 7. The best interest and permanent welfare of the child will be served by granting the relief requested as paternal grandmother has cared for the child on a regular basis since birth and meets the requirements of 23 Pa. C.S.A. §5313 (b) in regards to when a grandparent can file for physical and legal custody. 8. 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, Plaintiff requests the Court to grant her primary physical and shared legal custody of the child. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: June 10, 2008 By: MARIA P. )COGI E TI, ESQUIRE Attorney I.D. No. 41914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, CANDITH Y. HILL, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Candith Y. Hill DATE: ?/ ?? K c' d o -n LA -Tip ? 5? rnm 0 , 71 Co CANDITH Y. HILL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG J. HILL AND TARREN E. HILL DEFENDANT 2008-3523 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 18, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 22, 2008 at 3:00 PM 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/ ohn . Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with DisabiIites 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 I Z :Z d 6 1 MOP BOOZ 3Hi JO WL COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp )=Till, PA 17011-4227 (717) 737-0464 CANDITH Y. HILL Plaintiff V. CRAIG J. HELL and TARREN E. HILL Defendants Attorneys for Defendant Craig J. Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3523 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Craig J. Hill. Respectfully submitted: Dated: COYNE & COYNE, P.C. BY: sa Marie Coyne, Esquire I Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 .r.. VIL CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esq, hereby certify that true copies of the Praecipe for Entrance of Appearance has been served upon the below-referenced individuals by sending the same by first class mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff Tarren E. Hill 117 North Baltimore Street Dillsburg, PA 17019 John J. Mangan, Jr., Esq. 17 W. South Street Carlisle, PA 17013 COYNE & COYNE, P.C. Dated: BY: a M ie Coyne, Esquire Ls L3 arket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 >v 7 E C ? !'t7 C7 Ul Y'1 C-1 C COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 CANDITH Y. HILL Plaintiff V. CRAIG J. HILL and TARREN E. HILL Defendants Attorneys for Defendant Craig J. Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3523 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRELDUNARY OBJECTIONS TO CUSTODY COMPLAINT TO THE HONORABLE, JUDGES OF SAID COURT: th AND NOW, this A day of July, 2008, comes the defendant, Craig J. Hill, by and through his attorney, Lisa Marie Coyne, Esquire, and files this Preliminary Objection pursuant to Pa. R.C.P. 1028(a)(1) and 1028(a)(4): 1. Defendant Craig J. Hill is an adult individual residing at 96 Carroll Street, Pittston, Luzerne County, Pennsylvania. 2. Defendant Craig J. Hill is the father of Caleb Hill, a minor, born November 10, 2004. 3. The Minor, Caleb Hill resides with his father, Defendant Craig J. Hill in Luzerne County. 4. Plaintiff, Candith Y. Hill, is the mother of Defendant Craig J. Hill and the Grandmother of Caleb Hill. 5. On or about July 11, 2008, Plaintiff filed a Complaint for Custody requesting primary physical custody and shared legal custody of Defendants' minor child. 1 6. The Defendant, Craig J. Hill, has had primary physical custody of the child since April 24, 2008 in Pittston, Luzerne County, Pennsylvania. 7. Defendants Craig J. Hill and Tarren E. Hill have had legal custody of the child since his birth in November 2004. 8. Plaintiff has never had primary physical or legal custody of the minor child; although, she was permitted typical visitation between Grandmother and Grandson which took place in York County at Grandmother's residence. 9. Defendants are married, but separated and a divorce is pending. 10. Venue is not proper with this Honorable Court concerning a complaint for custody given the fact that the child has resided in Luzerne County for the last four months with his father, Defendant Craig J. Hill. 11. This Honorable Court must transfer or dismiss this action for lack of venue pursuant to Pa.R.C.P. §1915.2 12. Honorable Court lacks jurisdiction over the matter pursuant to 23 Pa.C.S.§5341 et. seq. 13. Prior to filing these Preliminary Objections, the undersigned counsel attempted to confer directly with Attorney Cognetti to obtain her client's voluntary withdrawal or transfer of these custody proceedings to Luzerne County; however, as of the time of the filing of this Preliminary Objection, the undersigned counsel has been unsuccessful in conferring directly with Attorney Cognetti, nor has Attorney Cognetti had an opportunity to return the undersigned's telephone messages to her. 2 WHEREFORE, defendant respectfully requests this Honorable Court to dismiss the Complaint for Custody filed on June 11, 2008 or, in the alternative, transfer the action to the Luzerne County Court of Common Pleas where venue lies. Dated: COYNE & COYNE, P.C. Respectfully submitted, . BY' Lisa/Marie Coyne, Es uire Pa' S. Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant Craig J. Hill 3 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esq, hereby certify that true copies of the Defendant's Preliminary Objections have been served upon the below-referenced individuals by sending the same by first class mail, postage prepaid, addressed as follows: John J. Mangan, Jr., Esq. 17 W. South Street Carlisle, PA 17013 Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Tarren E. Hill 117 North Baltimore Street Dillsburg, PA 17019 Dated: COYNE & COYNE, P.C. BY: 'Lisa arie Coyne, Esquire 390 arket Street mp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 4 O CO t'? Created on August 29, 2008 9:49:00 AM 00RONAL MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CANDITH Y. HILL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. : NO. 08-3523 CRAIG J. HILL CIVIL ACTION - LAW and TARREN E. HILL, Defendants IN CUSTODY CUSTODY STIPULATION AND NOW, this ?? day of N?bkw m? - , 2008, come Plaintiff, Candith Hill, by and through her attorney, Maria P. Cognetti, Esquire, Defendant, Craig J. Hill, pro se, and Defendant, Tarren E. Hill, pro se, and hereby enter the following Stipulation for Custody as follows: 1. Plaintiff is Candith Y. Hill, (hereinafter "Paternal Grandmother") an adult individual who is currently residing at 119 Catherine Court, Lewisberry, Pennsylvania 17339. 2. Defendant is Craig J. Hill, (hereinafter "Father") an adult individual who is currently residing at 96 Carroll Street, Pittston, Pennsylvania 18463. 3. Defendant is Tarren E. Hill, (hereinafter, "Mother'), an adult individual who is currently residing at 117 North Baltimore Street, Dillsburg, Pennsylvania 17019. 4. The parties are the paternal grandmother and natural parents of one minor child, namely, Caleb Hill, age 3, born November 10, 2004. aA?A??A? `.:.? 5. The parties agree that Paternal Grandmother shall have legal custody of Caleb Hill. 6. Paternal Grandmother shall have primary physical custody of the minor child. 7. Mother and Father shall exercise periods of partial physical custody as may be agreed upon by the parties. 8. The non-custodial parties at any given time shall have reasonable ongoing telephone access to the minor child and the minor child shall not be precluded from telephoning the non-custodial parties at reasonable times. Should the minor child be unavailable to receive a telephone call from a party, the custodial party shall be responsible for having the child return the phone call, when the child reaches an appropriate age. 9. Each party shall keep the others advised of his/her current address and telephone number. 10. Each party shall advise the others promptly of any illness suffered or injuries sustained by the minor child, which requires medical attention. 11. The parties shall communicate directly with each other regarding the minor child and shall not allow any interference from any third parties. The minor child shall not be used as an intermediary. All contact between the parties whether in person or by telephone shall be polite, civil and respectful. 12. The parties will not undertake or allow, by any other person, the poisoning of the child's mind against one of the other parties by conversation, which includes any critical hostile or condemning language or any way derogates the other party from extended family members. L All. 13. At all times each party shall encourage and foster in the minor child a sincere respect and affection for the other parties and shall not hamper the natural development of the child's love and respect for the other parties. 14. Each party acknowledges that they have been advised of the legal ramifications of the Stipulation and voluntarily consent to this agreement. 15. It is the intention of the parties that this Stipulation may be entered as an order of court as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.CS §54. It is agreed that until subsequent order of court of competent jurisdiction Pennsylvania shall be deemed the home state of the child and that this Stipulation shall be considered the first custody decree or initial decree concerning said minor child. IN WITNESS WHEREOF, the parties hereto have executed, sealed and acknowledged this agreement on the day and y above written. W neSS CANDITH Y. HILL Date: kx\oh ? Date: _?'??L?! !I d" WITNESS CRAIG J. H L Date: U Date: WITNESS T LL Date: Z(? Date: ? r1,11 Z"/ / / IK/ 3 Fi4.E? dr ?fCE OF THE FF.KT,HO" TARY 2009 SEP 14 AM IQ: 31 r?,a?il'w?,`3i rU SEP 15 2009 CANDITH Y. HILL Plaintiff VS. CRAIG J. HILL and TARREN E. HILL, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA NO. 08-3523 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, to wit this oday of 414 09, the attached Custody Agreement is hereby adopted as a Court Order. },r i%j l11 ?.y t ? t i r oo? ies rnat " Ne LL ' T!"? gA 4j, UL