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Home My WebLink About04-1519CINDY HAINES, (Maternal grandmother) Plaintiff Vo NINA WHEATON and JOSEPH SIMPSON (Natural parents) Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff, Cindy Haines, by and through her attorney, Gary L. Kelley, and represents as follows: CUSTODY COMPLAINT 1. Plaintiff is Cindy Haines who resides at 30 N. Enola Drive, Enola, Pennsylvania 17025. She is the maternal grandmother of the subject children. 2. Defendants are Nina Wheaton and Joseph Simpson who reside at 152 S. 400 East, Clearfield, Utah 84015. They are the natural parents of the subject children. 3. Plaintiff seeks custody of the following children: Defendants. 5. Name Felicity S. Simpson Alexander K. Simpson Present residence 152 S. 400 East Clearfield, Utah Age DOB 7/11/02 DOB 12/23/03 The child were bom out of wedlock and are presently in the custody of During the past two (2) years, the children have resided with the following persons and at the following addresses: Persons Defendants Felicity Kim Knickerson Liz Knickerson Defendants Felicity Cindy Haines Shawn Liddick Defendant Wheaton Felicity Cindy Haines Shawn Liddick Defendants Felicity Cindy Haines Shawn Liddick Defendants Felicity Defendant Simpson's Mother 8 unknown ind. Addresses Deadwood, South Dakota 30 N. Enola Drive Enola, Pennsylvania 30 N. Enola Drive Enola, Pennsylvania 30 N. Enola Drive Enola, Pennsylvania 152 S. 400 East Clearfield, Utah Dates 7/11/02 - 7/25/02 7/25/02 - 9/02 9/02 - 12/02 12/02 - 2/03 2/03 - 3/03 Defendants Felicity Kim Knickerson Liz Knickerson Defendants Felicity Cindy Haines Shawn Liddick Defendant Wheaton Felicity Deadwood, South Dakota 30 N. Enola Drive Enola, Pennsylvania 3/03 - 5/03 5/03 - 8/03 8/03 - 12/03 Cindy Haines Shawn Liddick Defendants Felicity Alexander Cindy Haines Shawn Liddick Defendants Felicity Alexander 6 unknown ind. 30 N. Enola Drive Enola, Pennsylvania 152 S. 400 East Clearfield, Utah 6. The mother of the children is a Defendant. Defendant. The Defendants never married. 12/03 - 3/22/04 3/22/04 to present The father of the children is a Name Relationship Felicity Daughter Alexander Son Various unk. ind. Unknown 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this 8. The relationship of Defendants to the child is that of mother and father. Defendants currently reside with the following persons: Name Relationship Shawn Liddick Boyfriend Plaintiff currently resides with the following persons: 7. The relationship of Plaintiff to the children is that of maternal grandmother. Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: Plaintiff is a fit parent. Defendants have demonstrated an inability to adequately care for the minor children Defendants have no visible means of support and Plaintiff has supported the minor children the majority of their lives. Granting legal and physical custody to Plaintiff will provide continuity, stability and certainty to the children's lives. 11. Each parent whose parental rights to the children 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 this Court to grant legal custody and physical custody of the children to Plaintiff. Respectfully submitted, Gary L ~~eyi IDa~oL~' ~01 132-134 Walnut Stree~~ Harrisburg, PA 17101 (717) 238-1484 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in the foregoing document(s) are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject me to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. CINDY HAINES : PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1519 CIVIL ACTION LAW NINA WHEATON AND JOSEPH SIMPSON DEFENDANT : IN CUSTODY O.~__~ER OF COURT AND NOW, Friday, April 16, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Tuesday, May 18, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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 a~e five or older may also be 13resent at the conference. Failure to al~l~ear 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/ Dawn S. Sunday'. Esq. Custody Conciliator rnhc 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 heating or business before the court. You must attend the scheduled conference or heating. 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 CINDY HA1N~S Plaintiff VS. NINA WHEATON AND JOSEPH SIMPSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAIND COUNTY, PENNSYLVANIA 04-1519 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 18xa day of May ,2004 the conciliator hereby relinquishes jurisdiction based on the fact that the Plaintiff and her counsel did not appear for the conference or contact the conciliator, after having previously confirmed the cont~erence time and date. It should be noted that the Father, who resides in Utah, contacted the conciliator twice by telephone during the scheduled conference time in order to participate. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator CINDY HAINES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1519 NINA WHEATON and JOSEPH SIMPSON (natural parents) Defendants CIVIL ACTION - CUSTODY AND NOW, on this ORDER 2004, upon review of Plaintiff's Petition for Emergency Relief, it is hereby ORDERED and DECREED that a hearing is scheduled on the ~'~ day of ~ 2004 at ~:,.~ ~ m. in courtroom no. ~ CINDY HAINES, Plaintiff Vo NINA WHEATON and JOSEPH SIMPSON, Defendants IN THE cOURT OF coMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA 04-1519 CIVIL TERM IN cUSTODY IN RE: HEARING SCHEDULED ORDER OF COURT AND NOW, this 16th day of June, 2004, after conference with counsel in chambers,, a hearing on the Petition to Change Venue is scheduled for Monday, June 28, 2004, at 3:30 p.m. By the Court, iS57, J. Gary L. Kelley, Esquire For the Plaintiff Sally A. Owen, Certified Legal Intern Grace D'Alo, Esquire MidPenn Legal Services For the Defendants srs CINDy HAINEs, Plaintiff NINA WHEATON and JOSEPH SIMPSON, Defendants IN THE COURT OF COMMON PLEAs OF CUMBERLAND COUNTy, PENNSYLVANIA 04-1519 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 16th day of June, 2004, after COnference with COUnsel in chambers, and it appearing to the Court that the children are not in any danger, the Petition for Special Relief is DENIED. Gary L. Kelley, Esquire For the Plaintiff Sally A. Owen, Certified Legal Intern Grace D'Alo, Esquire MidPenn Legal Services For the Defendants Edward ~ d E. G ' ~ ~--=-------- uldu, srs