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Home My WebLink About09-5516NANCY WISE : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTYnPENNSYLVANIA vs. :CASE NO. d4 ` S'S~ ` `t u ~ ~,~ CIVIL ACTION -LAW TRESSA HARPER and , DAVID SEBERS, , Defendants : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, York, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAV~'YER 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en 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, la corte tomara medidas y pueda entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. 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 PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 NANCY WISE : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CASE NO. ~ 9- .S"5 ~G~ ~ ,/ ! ~,,,.-- CIVIL ACTION -LAW TRESSA HARPER and DAVID SEBERS, , Defendants : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the above-named Plaintiff, Nancy Wise, by and through her counsel, Mark A. Mateya, Esquire, and seeks to obtain custody of Lacey Sebers, age 16 years, born October 30, 1992. COUNT I -COMPLAINT FOR CUSTODY 1. Plaintiff is Nancy Wise, who is the paternal grandmother of'Lacey Sebers (hereinafter referred to as "Child"), who currently resides at 590 Mt. Rock Road, Newville, Cumberland County, Pennsylvania 17241. 2. All legal papers may be served on Plaintiff by service on her counsel Mateya Law Firm at P.O. Box 127, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Defendant Tressa Harper is the natural mother of Child and an. adult individual who currently resides at 1 High Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 4. Defendant David Sebers is the natural father of Child who currently is incarcerated at SCI - Graterford, Box 244, Graterford, Pennsylvania 19426. 5. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 6. Plaintiff seeks custody of LACEY SEBERS, born 10/30/1992, (hereinafter the child), who currently reside at 590 Mt. Rock Road, Newville, Cumberland County, Pennsylvania. 7. The child is presently in the custody of Plaintiff, Nancy Wise, who currently resides at 590 Mt. Rock Road, Newville, Cumberland County, Pennsylvania. 8. Child's father is incarcerated at SCI - Graterford, Gaterford, Pennsylvania 19426; he is scheduled to be released in eight months. 9. Child does not live with either her mother or father. 10. Child's mother does not support or otherwise care for Child. and has not done so for many years. 11. Child had resided with Mother until Mother asked her to leave her residence. 12. Child has lived with Plaintiff, Nancy Wise for over eight months. 13. Plaintiff Nancy Wise's residence is in the Big Spring School District. 14. Child's mother resides in Boiling Springs where child has been enrolled in school in the South Middleton Township School District, Boiling Springs High School. 15. Because of the distance between Plaintiff's residence in Newville and Boiling Springs High School, attending Boiling Springs High School has been difficult; Plaintiff is not always able to drive Child to Boiling Springs High School. 16. Child is a good student and has done well in school; Child wishes to continue her education at Big Springs High School because of the ease of attending. 17. It is believed and averred that Child's mother agrees with Child attending Big Spring School District this coming year. 18. It is believed and averred that Child's father agrees with Child attending Big Spring School District this coming year. 19. Plaintiff wishes to have partial physical custody of Child, such that an Order from This Honorable Court would reflect that the Child will be able to attend the Big Spring School District in the fall of 2009. WHEREFORE, Petitioner requests this Honorable Court grant a :hearing to rule on Petitioner's request. Date• ~ ~ Respectfully submitted, ~. Mark A. Mateya squire Attorney ID No. 78931 P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 (717) 241-3099 Fax Counsel for Plaintiff VERIFICATION I, Nancy Wise, hereby verify that the statements made in the foregoing document are true and correct, and further, I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. ~~., ~ ~. Nancy Wise c z~~~ I~~.~U " ( (tii l J~ ~+~i CU~~ ~' _ : ''~ r t' rr~!`• ~ ~,r~ f .... ~ i '°°., .. ....Y r " . v;-~~,~ r~r r , ~~' ~ : ~#~~Y 2~J0~~~!~Cv :,'"t~ ~~Ca NANCY WISE : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CASE NO. OQ ~ S' S! ` (~ t ~ ~ ~ ~tc1Z1'/l CIVIL ACTION -LAW TRESSA HARPER and DAVID SEBERS, Defendants : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY, Kindly allow, Nancy Wise, Plaintiff herein, to proceed in forma pauperis. I, Mark A. Mateya, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Respectfully submitted, ~- ~. Mark A. Mateya, Es re Attorney ID No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717)241-6500 (717) 241-3099 Fax ~} Counsel for Plaintiff' Date: ~ V NANCY WISE : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CASE NO. CIVIL ACTION -LAW TRESSA HARPER and . DAVID SEBERS, Defendants : IN CUSTODY PETITION TO PROCEED IN FORMA PAUPERIS 1. I, Nancy Wise, am the Plaintiff in the above-referenced matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: a. Name: Nancy Wise Address: 590 Mt. Rock Road, Newville, Cumberland County, Pennsylvania 17241. Social Security No.: 182-40-8409 b. Employment: Unemployed c. Other income within the past twelve months: None d. Other contributions to household support: Spouse - $1,450.08 bi-weekly e. Property owned Cash: $0.00 Checking Account: $0.00 Savings Account: $0.00 Certificates of Deposit: None Real estate: 590 Mt. Rock Road, Newville, PA Motor vehicle: Make Ford J10 Truck Year: 1979 Cost Amount Owed:$0.00 Chrysler Town & County Van Year: 1996 Amount Owed: $0.00 Stocks; bonds: None Other: £ Debts and obligations: Mortgage: $801.23 Rent: $0.00 Loans: Auto: $0.00; Personal Loan: $145.00 per month Other: g. Persons dependent upon you for support Children: Jacob Wise Age: 15 years (D.O.B - 8/24/94) Miranda Wise Age 12 years (D.O.B. - 1/9/97) Grandchild: Lacey Sebers Age 16 years (D.O.B. - 10/30/92) 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. Date: ~- ~^ ~ ~ ~~ ' :` ~'"' (.Q.~~ - Nancy WiseTetitioner -- ~ ,~ ~ ._~~Y ~,~F ~'I':_~ , . ~. n r ~ ~ ; ~- - 7 ~',a ~ ~ ~; 4 V' V J f 1 to ~ t l ~ .' ~ t,f ~..~ v~ . !-'11 ~ _ ~ ~ 1~ '~ 0 AUG 10 2009 . , NANCY WISE : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTS', PENNSYLVANIA vs. :CASE NO. OQ' S~S'~G. (.: ~vc~~ CIVIL ACTION -LAW ~~ TRESSA HARPER and . DAVID SEBERS, Defendants : IN CUSTODY ORDER AND NOW this ~ ~ day of August, 2009, upon consideration of the foregoing Petition to Proceed In Forma Pauperis, IT IS HEREBY ORDERED AND DECREED that Plaintiff's Petition to Proceed in Forma Pauperis is Granted. J. ~~ ~~~ +"~ ` ~~r~~~l 2!?~9 ~,~G 4 i S'i'p ~~ ~ ~' r '>''-~' ~!".~,''i ~ti..~ ; G~~, a ', ~~ ~ ~. ~~Y ~. NANCY WISE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRESSA HARPER AND DAVID SEBERS DF,FENDANT • 2009-5516 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 13, 2009 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor ,Cumberland County Courthouse, Carlisle on Friday, September 04, 2009 at 10:30 AM for aPre-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/ Hubert X. Gilro Es . 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. 1F 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 ar.,~cc~ t~ t~ ~_ Z1 ~ i~ ~~ ~~~ ~Q~ ~ ~~ SEP 1 12009 NANCY WISE, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW TRESSA HARPER and DAVID SEBERS, NO. 2009-5516 Defendant IN CUSTODY COURT ORDER AND NOW, this ~`" day of September, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The paternal grandmother, Nancy Wise, shall enjoy sole legal and sole physical custody of Lacey Sebers, born October 30, 1992. 2. The mother, Tressa Harper, and the father David Sebers, shall enjoy visitation with the minor child at such times and under such circumstances as agreed to by the paternal grandmother. 3. In the event the mother or father desire to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, cc: '~~ark Mateya, Esquire /Ms. Tressa Harper ,/IVIr. David Sebers ~p t F ~ rh~.t t~r~l~ I q~~slo9 `~ NANCY WISE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW TRESSA HARPER and DAVID SEBERS, NO. 2009-5516 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Lacey Sebers, born October 30, 1992 2. A Conciliation Conference was held on September 4, 2009, with the following individuals in attendance: The Plaintiff, paternal grandmother, Nancy Wise, who appeared with her counsel, Mark A. Mateya, Esquire. The mother, Tressa Harper did not appear and the father, David Sebers, did not appear. 3. It was related to the Conciliator that the father is incarcerated in a state con-ectional institution and has not been seeing the child. It was also related that the mother delivered custody of the minor child to the Plaintiff about eight months ago. Plaintiff is the paternal grandmother. 4. Based upon the above, the Conciliator recommends an Order in the form as attached. Date: Q~ f ~ , 2009 Hubert X. Gilroy, Esquir Custody Conciliator 7 i~..Ll~.y_.a~.l..i~`~.~"~ 2~~9 Sic' 1 ~ ~,~- i ~ ~ 2