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HomeMy WebLinkAbout04-2037ROBiN L. WILCOX, Plaintiff HEATHER M. MOHR Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODY/VISITATION : NO. 04- 2.o. Jff CIVIL TERM COMPLAINT FOR CUSTODY 1. The Plaintiff is Robin L. Wilcox, residing at 121 Chmmel Drive, Carlisle, Cumberland County, PA 17013. 2. The Defendant is Heather M. Mohr whose last known residence is 125 South Hanover Street (Salvation Army), Carlisle, PA 17013. 3. Plaintiff seeks custody of the following child: NAME RESIDENCE DOB AGE Colby M. Mohr 121 Channel Drive, Carlisle 8/10/02 21 months The child was bom out of wedlock. The child is presently in the physical control of the Plaintiff... Robin L. Wilcox. During his life, the child has resided with the following persons and at the following addresses: NAME Robin L. Wilcox and Ricky A. Wilcox ADDRESS. DATES 121 Channel Drive Carlisle, PA 17013 birth to present Heather M. Mohr (offand on) The mother of the child is Heather M. Mohr, whose last known residence was 125 South Hanover Street, (Salvation Army), Carlisle, Cumberland County, PA 17013. She is unmarried. The father of the child is unknown. 4. The relationship of the Plaintiff to the child is that of grandmother. The Plaintiff currently resides with her husband Ricky A. Wilcox and the child. 5. The relationship of the Defendant to the child is that of Mother. The Plaintiff does not know whom the Defendant may currently reside with. 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 corm. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiffdoes 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 interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A. Since the child's birth the child has continuously resided in the home of his grandmother, the Plaintiff. The mother has resided there from time to time but the Plaintiff has undertaken and performed the primary parental responsibilities for the child. B. The Plaintiff is best able to provide the care and nurture which the child needs for healthy development. C. The Plaintiff desires to maintain the family household that has been established and the continued stability of the household is in the best interest of the child. D. A Court Order of determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody. The Defendant erratic and abusive behavior poses a threat of harm to the child. D. On September 22, 2002 the mother executed a document granting to her mother, the child's grandmother, custody of the child. A copy is attached hereto and marked Exhibit A and made a part hereof. E. The mother has abused drugs and alcohol to the extent that she has spent time in Guadeniza, 30 days in the Wilderness Program, a stay at Clear Brooke and has been to South Mountain Retreat Detention Center on four different occasions. Other than living with her mother, the Plaintiff, from time to time, the Defendant has resided in motels, at the home of friends, at the Molly Pitcher Hotel and most recently resided at the Salvation Army. F. The Defendant has been treated and counseled for erratic behavior from the time she was nine until the time she was sixteen years old and has been charged with numerous criminal violations. 8. 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. WHEREFORE, Plaintiffrequests the Court to grant custody of the children to Plaintiff pending the hearing. Respectfully submitted, ANDREWS & JOHNSON B / P(onald E.~6~;~ .... / Attorney fpJ~Plaintiff 78 West l~mfret Street Carlisle, PA 15'013 Telephone: (717) 243-0123 09/22/02 To who it may concern, I, Heather M. Mohr, has given my mother, Robin L. Wilcox, Custody of my Son, Coldy Micheal Mohr. My mother has my persission to make any medical needed decisions while my son is in her care. I have decided to ~ive my mother custody of my son do to not being capable of providing a safe enviroment. ~/.~ ~..~~eather. . . M. Moh~ 0~;_~ "~ ~ d~-g~Rob~in L. Wilcox -~. , Witness Sworn and subscribed to before me This 24th day of September, 2002 Notar~ Public NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. DATE: Robin L. Wilcox, Plaintiff ROBIN L. WILCOX PLAINTIFF V. HEATHER M. MOHR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : (' 04-2037 CIVIL A ~TION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 12, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueiine M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 27, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftbrt 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 age five or older may also be present at the conference. 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/ ]acqueline M. Verney. Esa 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 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 170113 Telephone (717) 249-3166, ROBIN L. WILCOX, Plaintiff V. HEATHER M. MOHR, Defendant HAY 2 7 20D4~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-2037 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT · AND N~O.W, this [ ~'~day of x~.~ ~,,.,,Q ,2004, upon consiaeration of the attached Custody Concili~tienr'l~ort, it is ordered and directed as follows: 1. Maternal Grandmother, Robin L. Wilcox shall have sole legal custody of Colby M. Mohr, bom August 10, 2002. 2. Maternal Grandmother shall have primary physical custody of the child. 3. Mother shall be entitled to supervised visitafi on as agreed by the parties. 4. 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 THE COURT, cc: Ronald E. Johnson, Esquire, Counsel for maternal grandmother Heather M. Mohr, pro se C/O Ronald E. Johnson, Esquire 2~J'~~. G - o I- o ~/ ROBIN L. WILCOX, Plaintiff V. HEATHER M. MOHR, Defendant PRIOR JUDGE: None ? 7 2004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2004-2037 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY 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 Colby M. Mohr DATE OF BIRTH August 10, 2002 CURRENTLY IN CUSTODY OF maternal grandmother 2. A Conciliation Conference was held in this matter on May 27, 2004, with the following individuals in attendance: The maternal grandmother, Robin L. Wilcox, with her counsel, Ronald E. Johnson, Esquire. Mother, Heather M. Mohr, appeared pro se. Father is unknown. 3. The parties agreed to an Order in the form as attached. Date - a~cq~;line M. Vemey, Esquire Custody Conciliator SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-02037 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILCOX ROBIN L VS MOHR HEATHER M R. Thomas Kline duly sworn according to law, inquiry for the within named PETITIONER MOHR HEATHER M unable to locate Her in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the ORDER OF COURT the within named PETITIONER MOLLY PITCHER HOTEL CARLISLE, PA 17013 PER MANAGER AT MOLLY PITCHER, , MOHR HEATHER M , NOT FOUND , as to DEFENDANT DOES NOT LIVE THERE. Sheriff's Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36.45 So answers: ~ z R. Thomas Kline Sheriff of Cumberland County RONALD E. JOHNSON 05/26/2004 Sworn and subscribed to before me this ~ day of~, ~&~3c~ A.D. Pr~t~lonotary '