Loading...
HomeMy WebLinkAbout04-1023 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robin Hewitt, : PLAINTIFF, : No. : V. : Brooke Maxwell, : And : Carl Koons, Jr., : DEFENDANTS : IN CUSTODY NOTICE TO DEFEND You been sued in court. If you wish to defeffd against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court you defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Legal Services MidPerm Legal Services 8 Irvine Row Carlisle, PA 17013 Phone: (800) 822-5288 AVISO Le han demandado a usted en la corte~-~/-ff'sted quiere defenderse de estas de estas demandas expuestas an las paginas signientes, usted tiene veinte (20) dias de plazo al partir de ia fecha de la demanda y ia notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, le corte tomara medidas y puede confinuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMED1ATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGU1R ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PA 17101 TELEPHONE: 717-232-7536 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robin Hewitt, And William E. Hewitt PLAINTIFFS, Brooke Maxwell, And Carl Koons, Jr., DEFENDANTS NO. IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiffs, by and through their attorney, Michael A. Hynum, Esquire, files a Complaint for Custody against Defendants, and in support thereof, avers the following: 1. Plaintiffs are Robin Hewitt ["Grandmother"], and William E. Hewitt ["Step- Grandfather"] who currently reside at 1033 Dogwood Lane, Enola, PA 17025. 2. Defendants are Brooke Maxwell ["Mother"], who currently resides at 146 E. Dauphin Street, Enola, PA 17025. and Carl Koons, Jr. ["Father"], who currently resides at 98 Kempton Ave., Hamsburg, PA 17111 3. Plaintiffs seek custody of the following child: Aliyah Nicole Koons, date of Birth: December 13, 2002. The child was bom out of wedlock. The child is presently in the custody of William and Robin Hewitt, who currently reside at 1033 Dogwood Lane, Enola, PA 17025. During the past five years, the [child/children] resided with the following person(s) and at the following address(es): a. Brooke Maxwell, 146 E. Dauphin Street, Enola, PA 17025. Birth until February 2, 2004 b. William and Robin Hewitt, 1033 Dogwood Lane, Enola, PA 17025. February 2, 2004 until the present The mother of the child is Brooke Maxwell, who currently resides at 146 E. Dauphin Street, Enola, PA 17025. She is single. The father of the child is Carl Koons, Jr., who cun'ently resides at 98 Kempton Ave., Harrisburg, PA 17111 He is single. 4. The relationship of Plaintiffs to the child is that of Maternal Grandmother and Step~ Grandfather. Plaintiffs currently reside with the following person(s): Aliyah N. Koons [Granddaughter] 5. The relationship of Defendants to the child is that of Mother and Father, Defendants currently resides with the following person(s): Brooke Maxwell [Mother] lives alone. Carl Koons, Jr. [Father] lives with his mother, Luella Adams 6. Plaintiffs have 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. Plaintiffs have no information of another custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiffs do not know ora 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. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because [set forth facts showing that the granting of the relief requested will be in the best interests and permanent welfare of the child: Plaintiffs have genuine interest for the child; and, Plaintiff's current physical custody of the child began with the consent and at the specific request of the mother of the child; and, Plaintiffs deem it necessary to assume responsibility for the child who would otherwise be at risk due to parental neglect. 8. Each parent whose parental rights to the child has not been terminated and the person(s) who have physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None, upon information and belief WHEREFORE, Plaintiffrespectfully requests that this Honorable Court enter an Order granting Plaintiffs custody of the child. Rtespectfully submitted, March 9, 2004 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robin Hewitt, And William E. Hewitt PLAINTIFFS, Brooke Maxwell, And Carl Koons, Jr., DEFENDANTS No. IN CUSTODY VERIFICATION I verify that the statements contained in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements heroin are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Robin Hewitt, Grandmother Date: William E. Hewitt, Step-Grandfather IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robin Hewitt, And William E. Hewitt PLAINTIFFS, V. Brooke Maxwell, And Carl Koons, Jr., DEFENDANTS No. IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT, made this 10th day of March between Plaintiffs, Robin Hewitt, (hereinafter referred to as "Grandmother") and William E. Hewitt (hereinafter referred to as "Grandfather") and Defendants, Brooke Maxwell (hereinafter referred to as "Mother") and Carl Koons, Jr., (hereinafter referred to as "Father"), concerns the custody of the Defendants' child, Aliyah Nicole Koons, (hereinafter referred to as ("child"). WHEREAS, A custody Complaint was filed on March 9, 2004, and the Parties have now reached an agreement with regard to the best interests and welfare of the minor child, and; WHEREAS, Grandmother, Grandfather, Father and Mother desire to enter into a Stipulation and Agreement as to the custody of the child and to have this Stipulation and Agreement made an Order of Court, and; WHEREAS, Grandmother and Grandfather have had the benefit of counsel as follows: Michael A. Hynum, Esquire, and Mother and Father have entered into this agreement of their own accord, knowingly and intelligently waiving their right to counsel; NOW, THEREFORE, Grandmother, Grandfather, Father and Mother agree as follows: Grandmother and Grandfather shall have physical and legal custody of the minor child. Grandmother and Grandfather shall make all decisions regarding the minor child, including such matters as health, education and religion. Further, Grandmother and Grandfather are specifically empowered to authorize medical care for the minor child and discuss t ' ' - caregivers and educators, he child s development w~th medical 2. The parties shall provide the names, addresses and telephone numbers, upon request of the other parties, of caretakers providing services for said child. WHEREAS, the parties agree, fbr the purposes of income taxes, that the Grandmother and Grandfather shall be permitted to claim the child as a deduction commencing in tax year 2004, and; WHEREAS, the situs of this Stipulation and Agreement shall be Cumberland County, Pennsylvania, and; WHEREAS, this Agreement and Stipulation and any Order relative thereto shall be construed in accordance with the laws of the Commonwealth of Pennsylvania; THE PARTIES, by their signatures below, hereby agree to he legally bound by the terms of this Stipulation and Agreement. Robin Hewitt, Grandmother am E. Hewitt, Grandfather © PlAY 0 3 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robin Hewitt, And William E. Hewitt, PLAINTIFFS, Brooke Maxwell, And Carl Koons, Jr., DEFENDANTS No. 04-1023 IN CUSTODY ORDER AND NOW, this ~ .t~ay of ~4 ~'~ ,2004, it is hereby ORDERED AND DECREED that the terms and conditions set forth in tihe Custody Stipulation and Agreement entered into between the parties dated March 10, 2004, and filed with this Court on the same date are incorporated herein and made a part hereof as though set forth in full. BY THE COURT: