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HomeMy WebLinkAbout09-1539Lawyer Referral Service of The Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. 2 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com MICHELLE HILL AND DAVID HILL, JR.,: IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0,7 - /? 3 9 CIVIL TERM LISA WELLS, IN CUSTODY Defendant COMPLAINT FOR CUSTODY AND NOW COMES the Plaintiffs Michelle Hill and David Hill, Jr., by and through their attorneys, The Law Offices of Peter J. Russo, P.C., and respectfully submit the following in support of Plaintiffs' Complaint for Custody: 1. 2. 3 4. The Plaintiffs are Michelle Hill and David Hill, Jr., residing at 1444 Water Street, Indiana, Indiana County, Pennsylvania, 15701. The Defendant is Lisa Wells, believed to be residing at 372 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania, 17013. Plaintiffs seek custody of the following children: Name Present Residence Date of Birth Dylan Wells 1444 Water St., Indiana, PA 9/22/98 Sydney Wells 1444 Water St., Indiana, PA 7/25/01 The children were not born out of wedlock. 3 5. The children are presently in the custody of Plaintiffs, who reside at 1444 Water Street, Indiana, PA 15701. 6. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses Duration Lisa Wells 372 Kerrsville Rd. 12/2001 - 2/28/2009 Carlisle, PA 17013 Michelle Hill 1444 Water Street 2/28/2008 - Present David Hill, Jr. Indiana, PA 15701 David Harry Hill III Ashley Nicole Hill 7. The Mother of the children is Lisa Wells, believed to be residing, at 372 Kerrsville Road, Carlisle, Pennsylvania. The Mother is single. 8. The Father of the children is Kevin Wells. The Father is deceased. 9. The relationship of Plaintiffs to the children is that of paternal aunt and uncle. The Plaintiffs currently reside with the following persons: Name Relationship David Harry Hill III Son Ashley Nicole Hill Dylan Wells Daughter Nephew Sydney Wells Niece 10. The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons: Name Unknown Relationship 4 11. Plaintiffs have 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. The Court, term and number, and its relationship to this action is: Not applicable. 12. Plaintiffs have information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state, to wit: A custody action was filed in Cumberland County and docketed as 2007-3434, the record of which is attached hereto and incorporated herein as Exhibit A. Additionally, a Protection from Abuse action was filed in Cumberland County and docketed as 2008-5485, the record of which is attached hereto and incorporated herein as Exhibit B. 13. Plaintiffs does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. The name and address of such person is: Not applicable. 14. The best interest and permanent welfare of the children that Plaintiffs have primary legal and physical custody of the children as more particularly set forth herein. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children 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: Name Address Basis of Claim Not applicable. 16. In the most recent custody order Father was granted primary legal and physical custody of the children, and Mother was granted supervised physical custody of the children. 18. Thereafter, a protective order, having an expiration date of September 22, 2011, was entered against Mother and the children are protected persons named thereunder. 19. From at least 2007 until February 28, 2009, the date of Father's death, Father had been the primary care-taker of the children with Mother's involvement being sporadic, at best. 20. Father, believing that his death was near and that Mother could not adequately care for the children, stated his desire that Plaintiffs care for the children. 21. Mother last visited with the children approximately two days prior to Father's passing, at which time she inappropriately left the children in Father's care despite her knowledge that Father was unable to adequately care for them in his medical condition. Despite the fact that Father was so ill he was unable to speak, he was able to contact Plaintiffs who immediately came to care for the Children 22. The Plaintiffs have had primary custody of the children from February 28, 2009, to present, without any objection from Mother. 20. The children have been attending Eisenhower Elementary in Indiana Area School District since March 9, 2009, and are adjusting well, given the circumstances of their Father's recent passing. 6 21. Plaintiffs have an extensive family support network in Indiana, Pennsylvania, inclusive of grandparents, aunts, uncles and cousins, whereas Mother is the only relative known to Plaintiffs to reside in the Carlisle area. 22. Plaintiffs are willing and able to continue to provide for the children's physical, emotional and spiritual well-being in a stable and loving home environment. 20. The children desire to remain in the custody of Plaintiffs. Wherefore, Plaintiffs David and Michelle Hill respectfully request the Court to grant them primary legal and physical custody of the children. Respectfully submitted, THE LAW OFFICE OF PETER J. RUSSO, P.C. Peter J. R 66o, squire _.,Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Plaintiffs Date: -7 "/l ! 6 7 J ! VERIFICATION We, Michelle Hill and David Hill, Jr., verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: 3-6-or Date: `3 '?'` o 9 ?M , Michelle Hill, Plaintiff David Hill, Jr., Plaintiff CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Complaint for Custody upon the person(s) and in the manner indicated below: US Regular Mail and Certified US Mail, restricted delivery, return receipt requested and addressed as follows: Harold S. Irwin III, Esquire Irwin Law Office 64 S Pitt Street Carlisle, PA 17013 Attorney for Defendant Date: 3112.109 Atha? ju&?a4d Amber L. Southard, Paralegal 9 LN p () N ? F 1 ? j?t=1 ? rn '? N MICHELLE HILL AND DAVID HILL, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1539 CIVIL ACTION LAW LISA WELLS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, March 17, 2009 , 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, April 14, 2009 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/ oAn . 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 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 lool? 6 Z -Z sad 6 1 MVW 600Z r ..14 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiffs BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor(a)_aidaw.com MICHELLE HILL AND DAVID HILL, JR., : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-1539 CIVIL TERM LISA WELLS, IN CUSTODY Defendant AMENDED CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I have served a copy of the Complaint for Custody upon the person(s), on the date and in the manner indicated below: Certified US Mail, Return Receipt Requested on March 16, 2009 Harold S. Irwin III, Esquire Irwin Law Office 64 S Pitt Street Carlisle, PA 17013 Attorney for Defendant US Regular Mail and Certified Mail, Restricted Delivery, Return Receipt Requested on March 23, 2009 Lisa Wells 372 Kerrsville Road Carlisle, PA 17013 Defendant Date: 3 125109 Amber L. Southard, Paralegal • Qomplele iten>ss 1, 2, and 3. Also complete Mwn 4 If Restricted Delivery is desired. ¦ Prktt your name and address on the reverse so that we can return the card to you. ¦ A?Isch this card to the back of the mailpiece, or on the front if space permits. 1. ArWe Addressed to: US;? Wells 312 Ye-M Mo i-d Cza0k,s\e, PA i 1013 A. Signature 13 Agent ? Addre B. Received by (A?fnted Name) C. Date of Det 2-4 s 3-a3- D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type )ZONtMled Mall O Sw= Mall ? Regbtered * Retum RooW for Merv wdw ? Insured Mail ? C.O.D. 4. 111 oa1 4o1 od Ddtrort? ffift Ary lre 2'ArWe "` 7007 0710 0000 6831 7340 P•aaaA?Aiorr?st?iloetllhN Ps Form 3811, Fdomy ti11104 DWMft fto n, Rooalpt t e?lt ; ¦ Oonplete Items 1, 2, and 3. Also complete *wn 4 If Restricted Delivery Is desired. • PMrrt your name and address on the reverse so that we can return the card to you. ¦ Adach this card to the back of the mailpiece, or on the front If space permits. A. ? Agent 1. Artlrjle Addressed to: Harad S . Irw in -U]:, Esc,_ Irwin LaVQ C*?:jCe (04 S - Pi4 CHr_en- Carl(sle) PA not 3 B. Received by (P~ ne) C. Date of D A 3-Ko D. Is delivery address dUfel from Item 1? ? Yea If YEs, enter delivery address-below: ? No 3. Service'iype )WOUtilled Mall ? Express Mail ? Registered Jai Rohn Rsosipt for Merchm wr ? Insured Mau ? c.o.D. 4. RaalrloMrd Debsor10 Oft Fey ? Ka 2. ArMoleNumber 7007 0710 0000 6831 7166 41M! 110011014" PS ft m 3811, ftwmy nu ONNONa ft*M" ttleaeiat 0leei?t-M15q ; r c k. ?,?, V s.., r Z ?r . ?.f (` J Y ?.