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HomeMy WebLinkAbout09-3564 RANDY R. MaNEW and i IN THE COURT OR COMMON PLEAS OF BETH A. MGUMNs bb wife, Plaintifs v. SERENA MONEWl F., 7' = r- 171, i CUMBERLAND COUNTY, PENNSYLVANIA s CIVIL ACTION - LAW s NO. ZOOS - Wt-'l CIVIL TERM i IN CUSTODY COMPLAINT FOR PARTIAL CUSTODY NOW come the plaintiffs, RANDY R. McNEW and BETH A. McNEW, his wife, by their attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for partial custody, representing as follows: 1. The plaintiffs are RANDY R. McNEW and BETH A. McNEW, his wife, adult individuals residing at 323 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013 2. The defendant is SERENA McNEW, an adult individual whose last known residence was 319 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013, but whose mailing address was 323 Franklin Street, Carlisle, Pennsylvania 17013. 3. The plaintiffs are the maternal grandfather and step-grandmother and the defendant is the natural mother of a minor daughter, namely Searra R. McNees (born July 2, 2000). 4. The defendant and the natural father of the child, Jederiah N. Gilbert, are subject to a custody order in York County Court of Common Pleas, filed to No. 2000 - SU - 03667 - 03, which provides for the legal, physical, and partial custody of the child. However, the father currently has not been exercising any of the rights granted in that order and has no contact whatever with the child or the defendant. 5. The child resides with the defendant, but on the weekends stays with her matemal grandmother, Judy McNew, at her home in Dillsburg, York County, Pennsylvania. 6. The plaintiffs last spent time with the child on Super Bowl Sunday, in February, 2009, when plaintiffs picked up the child in Dillsburg and took her to their home in Carlisle. Since that time, defendant has not permitted any contact between the child and the plaintiffs. 7. 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 Commonwealth, other than the existing order in York County between defendant and the father of the child. 8. 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 the natural father, who has no interest and no contact with the child at this time. 9. Defendant currently works 16 hour days on Saturday and Sunday and leaves the child with her maternal grandmother in Dillsburg every weekend after school on Friday afternoon until Sunday night. 10. Plaintiffs have had active contact with the child off and on until early February, 2009. 11. Plaintiff believes and therefore avers that the best interests and permanent welfare of the child requires that the defendant continue to have legal and primary physical custody of the child, but that the plaintiff have periods of partial custody with the child on alternating weekends, one weekday evening (preferably Wednesday) in order to assist the child with her school work, and for one week plus the weekend before and after that week in the summer. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. / n MayZ9r , 2009 /". - HAROLD S. IRWI ,111 (ID Attorney for Plai tiffs _ 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 pa.C.S. Section 4904, relating to unsworn falsification to authorities. May -a-, 2009 r?! A? 2 e RANDY NEW `O BETH A. McNEW -?17 T h r ZttJ'J~ D ?to5. so PO AT7%t erg' ? ?q RTC .1259 a9 RANDY R. MCNEW AND BETH A. MCNEW : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SERENA MCNEW DEFENDANT 2009-3564 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 02, 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 Friday, July 10, 2009 at 2:30 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.,Esq.jWX 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 Or TfIr M9 JUN --2 PIl ? i ? ? ? -O? ?!? ' ? tip.-u.®r ?° ??? c??n, LAW OFFICES OF PETER J. RUSSO, P.C. 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 RANDY R. McNEW and BETH A. McNEW, his wife, Plaintiffs V. SERENA McNEW, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-3564 CIVIL TERM IN CUSTODY DEFENDANT SERENA MCNEW'S MOTION TO DISMISS PLAITNIFFS' COMPLAINT FOR PARTIAL CUSTODY AND NOW, comes Defendant Serena McNew by and through her attorneys, the Law Offices of Peter J. Russo, P.C. and files this Motion to Dismiss Plaintiffs' Complaint for Partial Custody and in support thereof states as follows: 1. Plaintiffs filed a Complaint for Partial Custody on May 29, 2009, seeking partial custody of Defendant's child, Serena McNew (hereinafter the "Child"). 2. Plaintiff Randy McNew is the biological father of Defendant. 3. Plaintiff Beth McNew is the wife of Plaintiff Randy McNew, having no biological relation to any of the parties hereto or the Child. 4. Plaintiffs' Complaint fails to state grounds sufficient to assert standing to pursue partial custody of the Child. 5. As Plaintiffs' Complaint indicates, the defendant and natural father of the Child, Jederiah N. Gilbert, are subject to a custody order in York County Court of Common Pleas, filed to No. 2000-SU-03667-03. 6. Plaintiffs have not placed the Child's father on notice of the above captioned. action. 7. Factually: a. Mother has been in contact with the Child's biological father as of recent; b. Mother has been the Child's primary caretaker since the Child's birth; c. Mother has and continues to provide for the Child's physical, emotional, mental and spiritual needs; d. Mother cares for the Child on the weekends; e. Mother does not work 16 hour days every Saturday and Sunday; f. Plaintiffs have had minimal contact with Defendant since Defendant was approximately twelve (12) years of age, when Plaintiff Randy McNew separated from Defendant's mother; g. Plaintiffs have had minimal contact with the Child since the Child's birth; h. Plaintiffs have only spent time with the Child alone on one occasion, which was on Super Bowl Sunday 2009, at which time Plaintiffs, without Defendant's permission, relinquish the Child to an elderly relative, who spoke negatively about Defendant and upset the Child; L Plaintiffs have not requested to spend time with the Child; j. Plaintiff Randy McNew has exhibited inappropriate behavior in front of the Child, which has resulted in police involvement; and k. Plaintiffs and their family members have stalked and harassed Defendant, to the point Defendant feels it is unsafe to inform them of her and the Child's whereabouts. 8. Mother believes that the Child's father should be put on notice of this proceeding and provided the opportunity to participate. 9. No Judge of this Court has ruled on any related matter, as only a Complaint in Partial Custody has been previously filed, resulting in an Order of court signed by John J. Mangan, Jr. Esquire, scheduling a conciliation for Friday, July 10, 2009. 10. The undersigned counsel contacted Harold S. Irwin III, Esquire, Counsel for Plaintiffs who does not concur with the granting of Defendant's Motion. WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiffs' Complaint for Custody for lack of standing. Respectfully Submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID # 72897 Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 VERIFICATION I, Serena McNew, 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 unsworn falsification to authorities. Date: 1717JO? c Serena Mc !'1W RANDY R. McNEW and BETH A. McNEW, his wife, Plaintiffs V. SERENA McNEW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-3564 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of Defendant Serena McNew's Motion to Dismiss Plaintiffs' Complaint for Partial Custody upon the person(s) and in the manner indicated below: US Regular Mail and addressed as follows: Harold S. Irwin, III, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiffs John J. Mangan, III, Esquire 17 W. South Street Carlisle, PA 17013 Conciliator A4& d I .-? Amber L. Southard, Paralegal Date: X11 (2, ? 09 R ?y {LL..tJ???'i i A.i.r1 " .. CF 1 ?? C C f i 0, 20019 UI - 3 AM 11: 3 4 +,4 s C RANDY R. McNEW and BETH A. McNEW, Plaintiffs V. SERENA McNEW, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-3564 CIVIL TERM PRAECIPE OF ENTRY OF APPEARANCE AS COUNSEL Kindly enter my appearance as counsel on behalf of Serena McNew, Defendant in the above captioned matter. Date: 7- 7 d y Law Offices of Peter J. Russo, C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I.D. No. 72897 Elizabeth J. Saylor, Esquire I.D. No. 200139 RANDY R. McNEW and BETH A. McNEW, . Plaintiffs . V. SERENA McNEW, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-3564 CIVIL TERM CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Entry of Appearance documents upon the person(s) and in the manner indicated below: US Mail addressed as follows: Harold S. Irwin, III, Esq. Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Amber L. Southard, Paralegal Date: OF 711, cn ?nR;,??I?RY "Il 2CO9 Jai? _ I 34, ? 1Pt? HAROLD S. IRWIN, 111, ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17017 (717) 243-6090 ATTORNEY FOR PETITIONERS RANDY R. McNEW and : IN THE COURT OF COMMON PLEAS OF BETH A. McNEW, his wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION - LAW SERENA McNEW, : NO. 2009 - 3564 CIVIL TERM Defendant : IN CUSTODY PRAECIPE TO WITHDRAW PETITION To the Prothonotary: Please withdraw petitioners' petition for partial custody, without prejudice. Please advise Judge Oler that no proceedings will be required on respondent's Motion to Dismiss. Also, please advise the conciliator, John Mangan, Esquire, that no further conciliation is necessary at this time. OFFICE July 14, 2009 HA LD S. IRWI?, III Attorney for petit one 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 n r 'fit TO TU)v 20,99 i? f is ';'i 1: 59 - l RANDY R. McNEW and BETH A. McNEW, his wife, Plaintiffs v. SERENA McNEW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-3564 CIVIL TERM IN RE: DEFENDANT SERENA MCNEW'S MOTION TO DISMISS PLAINTIFFS' COMPLAINT FOR PARTIAL CUSTODY ORDER OF COURT AND NOW, this 21St day of July, 2009, upon consideration of the praecipe to withdraw Plaintiffs' complaint for partial custodylvisitation, the Rule dated July 16, 2009, is vacated and Defendant's motion to dismiss is deemed moot. /Harold S. Irwin, III, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiffs lizabeth J. Saylor, Esq. 5006 E. Trindle Road Suite 100 Mechanicsburg, PA 17050 Attorney for Defendant ohn 3. Mangan, III, Esq. 17 West South Street Carlisle, PA 17013 Custody Conciliator :rc BY THE COURT, ~l.G~.3--;t=-i Z0~9 JUL 22 Pty I ~ 5 ~ FEN~~4~'lLV~:R~l~