Loading...
HomeMy WebLinkAbout09-5856NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF BRYAN R. NEWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SAMANTHA C. WELLS : NO. 2009 - 58; G CIVIL TERM Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Bryan R. Newell, by his attorney, Nathan C. Wolf, Esquire, and respectfully represents as follows: 1.) Plaintiff is Bryan R. Newell, (hereinafter "Father"), the plaintiff in the above captioned matter who resides at 1440 Pine Road, Carlisle, Cumberland County, Pennsylvania 17015. 2.) The defendant is Samantha C. Wells, an adult individual residing at Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3.) Plaintiff seeks an order establishing custody of the following child, namely, Keyan R. Wells (born December 8, 2004, age 4). 4.) Plaintiff and defendant are the natural parents of the child. 5.) The child was born out of wedlock. 6.) The child has resided primarily with the defendant since the child's birth until January 2008 until December 2008, when the parties began sharing custody of the child on a nearly equal basis when Father was seriously injured and the child returned to Mother's primary custody until the time period from March 2009 until present when shared custody resumed. 7.) The parties have never been married. 8.) The mother of the child is currently single. 9.) The father of the child is currently single. 10.) 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 court. 11.) Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 12.)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. 13.)The best interest and permanent welfare of the child will be served by granting the relief requested herein because the plaintiff attempted to resolve this matter by reaching a stipulated agreement with Mother and now fears that his periods of shared custody will not continue because Father has sought to formalize the custody arrangements. Father believes that reducing his periods of custody would be significantly detrimental to the child's welfare. 14.)Plaintiff has paid support for the care and maintenance of the child since shortly after the child's birth. 15.)Plaintiff maintains a stable household and environment within which to raise the child. 16.)Plaintiff believes and therefore avers that the best interests of the child would be served by the issuance of an Order of Court granting the parties shared physical and legal custody of the child. WHEREFORE, for the reasons set forth herein, plaintiff, Bryan R. Newell, respectfully requests that the Court enter an order concerning custody as aforesaid along with any additional relief the Court may deem appropriate and just. Respectfully submitted, WOLF & WQF, Date :August , 2009 BY: NAT . WOLF, ESQUIRE 10 s igh Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this complaint are true and correct to the best of my information and belief. 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. 2009 2z, Bryan R. Newell NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF BRYAN R. NEWELL, Plaintiff V. SAMANTHA C. WELLS Defendant CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have served a true and correct copy of Complaint for Custody upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2009 - CIVIL TERM : IN CUSTODY Samantha C. Wells 2109 Cedar Run Drive Camp Hill, PA 17011 Dated: August ( 2009 BY: Respectfully submitted, WOLF & WOLN, Attorney at Law "an C. W'o "s ire 10 West H' Str Carlisle, t*3 upreme rt I.D. No. 87380 S (717) 241-4436 Attorney for Plaintiff i RLEI( - /tip. OF 2C09 26 1, lIj _r R., ?i?i s s? , IA/ Notice of Hearing Heather Richelle Russell Plaintiff V. Richard Bruce Russell --':;?7 335 26 2009 &I Page 1 of 2 : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA No. Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL order may be entered against you granting the relief requested in the petition. In particular, you may be evicted from your residence, be prohibited from possessing any firearm, other weapon, ammunition or any firearm license, and lose other important rights, including custody of your children. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A hearing on the matter is scheduled forte pro / Courthouse Square, Carlisle, PA.' at Courtroom at Cumberland County Courthouse, One If an order of protection has been entered, you MUST obey the order until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police or sheriff may arrest you. Violation of this order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000 and/or up to six months in jail under 23 Pa C.S.A. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18. U.S.C. §2265, this order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this order, you may be subject to federal criminal proceedings under the Violence Against Women Act. 18 U.S.C. §§2261-2262. If this order directs you to relinquish any firearm, other weapon, ammunition or any firearm license to the sheriff, you may do so upon service of this order. As an alternative, you may relinquish any firearm, other weapon, or ammunition listed herein to a. third party provided you and the third party first comply with all requirements to obtain a safekeeping permit. 23 Pa.C.S.A. §6108.3. You must relinquish any firearm, other weapon, ammunition or any https://www.pfad. state.pa.us/PFADLivelnoticeofhearing.asp?NoHID=161463 &cmdMove... 8/26/2009 Notice of Hearing Page 2 of 2 firearm license listed in the order no later than 24 hours after service of the order. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, you must provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after service of the order. Failure to timely relinquish any firearm, other weapon, ammunition or any firearm license shall result in a violation of this order and may result in criminal conviction under the Uniform Firearms Act, 18 Pa. C.S.A. §6105. NOTICE: Even if this order does not direct you to relinquish firearms, you may be subject to federal firearms prohibitions and federal criminal penalties under 18 U.S.C. §922(g)(8). YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Distribution to: Legal Services Transmitted & Mailed to PSP Domestic Violence Services of Cumberland & Perry Counties https://www.pfad.state.pa.usIPFADLivelnoticeofhearing.asp?NoHID=161463&cmdMove... 8/26/2009 Temporary Protection From Abuse Order No: Pagel of 3 TEMPORARY PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA Amended Order ? Continued Order NO, tl _? 7 1. PLAINTIFF Heather Richelle Russell 5/3/1964 First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor child/ren and DOB. Heather Richelle Russell May 3,1964 V. DEFENDANT Richard Bruce Russell First Middle Last Suffix Defendant's Address: Address Unknown CAUTION: Weapon Involved Weapon Present on the Property ? Weapon Ordered Relinquished DEFENDANT IDENTIFIERS DOB 4/5/1967 HEIGHT . ft. 8 m. SEX Male WEIGHT 170 RACE White EYES Blue HAIR Brown SSN DRIVERS LICENSE # EXP DATE STATE PA The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: ® Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place Where they might be found. Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. ® Additional findings of this order are set forth below. Order Effective Date Order Expiration Date NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. https://www.pfad. state.pa.us/PFADLive/temporder. asp?TempOrderID=277_`;42&cmdMov... 8/26/2009 Temporary Protection From Abuse Order No: Page 2 of 3 AND NOW, on 26th Day of August, 2009 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at: 355 East North Street Carlisle, PA 17013 or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location., including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted: Other Relief: - The Defendant shall not damage,destroy or dispose of in any manner, any property that is owned jointly by the parties or solely by the Plaintiff. 6. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: PSP-Carlisle Barracks Carlisle Boro PD 7. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL AUGUST 26, 2012 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal https: //www.pfad. state.pa.usIPFADLiveltemporder. asp?TempOrderID=277 `542&cmdMov... 8/26/2009 Temporary Protection From Abuse Order No: Page 3 of 3 contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 ]hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 4 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. Distribution to: L al Services ,,-,`Transmitted & Mailed to PSP _-,?Omestic Violence Services of Cumberland & Perry Counties - (?„ CLL s Y S?i??o9 https://www.pfad. state.pa.us/PFADLiveltemporder.asp?TempOrderID=277542&cmdMov... 8/26/2009 vL(P.Zoo Date S THE ZCO9 AUG 2O Ft' 3 2: 32 Petition For Protection From Abuse No: Page 1 of 4 PETITION FOR PROTECTION THE COURT OF COMMON PLEAS OF FROM ABUSE CUMBERLAND COUNTY, PENNSYLVANIA NO. 9G-Sg 57 1. PLAINTIFF Heather Richelle Russell May 3 ,1964 First Middle Last Suffix Plaintiff DOB Plaintiffs Address: ? Plaintiffs address is confidential or ® Plaintiffs address is: 355 East North Street Carlisle, PA 17013 V. 2. DEFENDANT Richard Bruce Russell First Middle Last Suffix Defendant's Address: Address Unknown CAUTION: 11 Weapon Involved ? Weapon Present on the Property ? Weapon Requested Relinquished DEFENDANT IDENTIFIERS DOB 4/5/1967 HEIGHT 5 ft. 8 in. SEX Male WEIGHT 170 RACE White EYES Blue HAIR Brown SSN DRIVERS LICENSE EXP DATE STATE PA Defendant's place of employment is: Carlisle Tire and Wheel 0 Check here if you have reason to believe that Defendant is a licensed firearms dealer, is employed by a licensed firearms dealer or manufacturer; is employed as a writer, researcher or technician in the firearms or hunting industry or is required to carry a firearm as a condition of employment. 3. I am filing this Petition on behalf of. []Myself and/or [:]Another Person If you checked "myself', please answer all questions referring to yourself as "Plaintiff". If you ONLY checked ":mother person", please answer all questions referring to that person as the "Plaintiff', and provide your name and address here, as filer, unless confidential. Filer's Name: First Middle Last Suffix Filer's address is confidential or Filer's address is: If you checked "Another Person", indicate your relationship with Plaintiff: parent of minor Plaintiff(s) applicant for appointment as guardian ad litem of minor Plaintiff(s) ? adult household member with minor Plaintiff(s) E] court appointed guardian of incompetent Plaintiff(s) 4. Name(s) of ALL person(s), including minor children, who seek protection from abuse. Heather Richelle Russell https://www.pfad.state.pa.us/PFADLive/petition.asp?PetitionID=156650&crndMove=Vie... 8/25/2009 .Petition For Protection From Abuse No: 5. The relationship between Plaintiff and Defendant is: [X] spouse or former spouse of Defendant [ ] parent of a child with Defendant [ ) current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant ] family member related by blood (consanguinity) to Defendant ] family member related by marriage or affinity to Defendant ] sibling (person who shares parenthood) of Defendant Defendant is an adult. 6. Defendant has been involved in a criminal court action. 7. The following other minor child/ren presently live with Plaintiff: a. Scott Alan Leash Jr. Age: 10 yrs The Plaintiffs relationship to this child is: Mother b. Clover Richelle Leash Age: 8 yrs The Plaintiffs relationship to this child is: Mother c. Barbara Clarice Lyall Leash Age: 7 yrs The Plaintiffs relationship to this child is: Mother 8. The facts of the most recent incident of abuse are as follows: Page 2 of 4 On about Monday, August 24, 2009 at approximately 4:OOAM location: 355 East North Street Carlisle, PA 17013 The Defendant acted in a menacing manner when he was verbally and emotionally abusive to the Plaintiff, and kicked a glass panel out of the Plaintiffs front door. On August 24, 2009 around 9:00am on George Street in York, PA (in front of the York County Courthouse),The Defendant acted in a physically menacing manner when he hit the Plaintiff, and shoved her to the ground. The Defendant's course of conduct has placed the Plaintiff in reasonable fear for her safety. 9. Prior incidents of abuse that Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or around July 3 2009, the Defendant acted in a physically menacing :manner when he slammed https://www.pfad.state.pa.us/PFADLive/petition.asp?PetitionlD=156650&cmdMove=Vie... 8/25/2009 .Petition For Protection From Abuse No: Page 3 of 4 the Plaintiffs arm in the bedroom door. The Defendant's course of conduct has placed the Plaintiff in reasonable fear for her safety. On or around June 27, 2009, the Defendant acted in a physically menacing manner when he threw the Plaintiff into a wall and punched her in the face, causing her nose to be broken and her to have two black eyes. Carlisle Boro PD were called to the residence and charges were filed. The Defendant got time served. 10. (a) Has Defendant used or threatened to use any firearms or other weapons against Plaintiff or the minor child/ren? NO (b) Other than the firearms, other weapons or ammunition Defendant used or threatened to use against Petitioner or the minor child/ren, does Defendant, to the best of your knowledge or belief, own or possess any additional firearm, other weapon, ammunition or any firearm license? NO (c) If the answer to (b) above is "Yes", list any additional firearm, other weapon or ammunition owned by or in the possession of Defendant on Attachment A to Petition, which is incorporated by reference into this petition. (d) Plaintiff DOES NOT request that the court order Defendant to relinquish firearms, other weapons or ammunition listed on Attachment A to Petition. 11. The sheriff, police department or law enforcement agency that should be provided with a copy of the protection order are: PSP-Carlisle Barracks Carlisle Boro PD 12. There is an immediate and present danger of further abuse from Defendant. 13. Plaintiff is asking the court to evict and exclude Defendant from the following residence: 355 East North Street Carlisle, PA 17013 Owned By: Majorie Stuckey Rented By:Heather Richelle Russell 14. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or the minor child/ren in any place where Plaintiff and/or the child/ren may be found. https://www.pfad.state.pa.us/PFADLive/petition.asp?PetitionID=156650&cmdMove=Vie... 8/25/2009 .Petition For Protection From Abuse No: b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. Page 4 of 4 c. Prohibit Defendant from having any contact with Plaintiff and/or the minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Order the following additional relief, not listed above: The Defendant shall not damage,destroy or dispose of in any manner, any property that is owned jointly by the parties or solely by the Plaintiff. e. Order the police, sheriff or other law enforcement agency to serve Defendant with a copy of this petition, any order issued, and the order for hearing. Plaintiff will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. VERIFICATION I verify that I am the petitioner as designated in the present action and that the facts and statements contained in the above petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the Penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities PFAD Number: CA3621848M Petition Prepared by Agency A A-J-J , I ?12j J A J ature Date Liana DVS/CP 717-258-4249 https://www.pfad.state.pa.us/PFADLive/petition.asp?PetitionlD=l 56650&cindMove=Vie... 8/25/2009 Fit rl -;"'; F.1 ;E. r 2009 AUG 26 AN 11: en 9 tlV, ?,. Morrow, Irene From: ra-jnetoperations@state. pa. us Sent: Wednesday, August 26, 2009 3:27 PM To: Morrow, Irene Subject: PFAD Document Confirmation No.20095857 against RUSSELL, RICHARD PFAD Document Confirmation No.20095857 against RUSSELL, RICHARD filed by RUSSELL, HEATHER RECORD ACCEPTED BY CLEAN: 2009-08-26 15:27:18Z to BRYAN R. NEWELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. SAMANTHA C. WELLS DEFENDANT 2009-5856 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 31, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq., the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 01, 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 entrv 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/ jacqueline M. VemeyLEs . 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 FILED-F, r'E OF THE 2009 AUG 3 ! r 3: ( ' t-C' ?•'Jt??tY BRIAN R. NEWELL Plaintiff vs SAMANTHIA C. WELLS Defendant JN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PEN NSYLVANIA :CIVIL ACTION - LAW :NO. 2009-5856 CIVIL TERM IN CUSTODY RESPONSE TO COMPLAINT FOR CUSTODY AND NOW, comes the Defendant, Samanthia C. Wells and do hereby respond to the Complaint for Custody as follows: 1. True 2. True Note: Custody papers were sent to 2180 Gleim Court, Enola, PA 17025. Defendant has not lived at this address for several years. 3. True 4. True 5. True 6. True Child has visited Plaintiff every other week end since the child was cared for at the Plaintiff's work where she is employed at a children's day care. Plaintiff was never denied visitation rights, this issue occurred only after Plaintiff's gun shot wound to the neck. Defendant has established a permanent residence and a steady job since 2006. 7. True 8. True 9. True 10. True 11. True 12. True s 13. False Due to the Plaintiff's impairment. Docket Number 00073 S 2005 PACES Case Number 012107086 indicates that the Plaintiff is impaired and is under the care of his mother Bonita M. Dowling because of a gunshot to his neck.He has to be attended by his mother to take care of normal shopping . 14. False Support for child has been late in the past. 15. False 16. False. The Plaintiff knowing that his brother was dealing in drugs from his residence in Carlisle jeopardized the heath and welfare of the minor child Keyan R. Wells. Had the child been with the Plaintiff at the time of the shooting could have traumatized the child and possibly he could have been shot. Wherefore, the Defendant Samantha C Well, prays that the Court will rule sole custody to her with visitations rights of every other week-end to the Plaintiff. The child is currently in Pre-school and will start Kindergarten next year and split custody would be a hardship on the child Respectfully submitted, Date: September ,2009 Samantha C. Wells 2109 Cedar Run Dr. Apt. 103 Camp Hill, PA 17011 VERIFICATION I Samantha C. Wells, do hereby verify that I am the Defendant in the foregoing action and that the facts set forth in this complaint are true and correct to the best of my information and belief. 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. ,2009 q6aimnantha C. Wells CERTIFICATE OF SERVICE I, Samantha C. Wells, have served a true and correct copy of Complaint for Custody upon the following person by U. S. Mail First Class to: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Date: September 9 2009 f By Samantha C. Wells of 7H F) j i'^`y^?RPY 2009 SEP 10 AM 10. 53 CUMI T L? BRYAN R. NEWELL, Plaintiff V. SAMANTHA C. WELLS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-5856 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this I day of Dck`o (0,-' , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Bryan R. Newell and the Mother, Samantha C. Wells, shall have shared legal custody of Keyan R. Wells, born December 8, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The child shall attend the Camp Hill School District school for Kindergarten for the 2010-2011 school year. 2. The parents shall have shared physical custody on a week on/week off schedule with the exchange day and time being Fridays at 5:00 p.m. 3. Holidays: A. Thanksgiving shall be shared such that Mother shall always have physical custody of the child from 9:0a.m. to 3:00 p.m. and Father shall always have physical custody of the c ld from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00'noon on Christmas Day and Block B shall be from 12:00 noon on Christmas Day to 12:00 noon on December 26. Father shall always have physical custody of the child for Block A in odd numbered years and Block B in even numbered years. Mother shall always have physical custody of the child for Block A in even numbered years and Block B in odd numbered years. C. Mother's Day/Father's Day: Mother shall always have physical custody of the child on Mother's Day from 9:00 a.m. to 8:00 p.m. Father shall always have physical custody of the child on Father's Day from 9:00 a.m. to 8:00 p.m. D. Trick or Treat night: The parties shall alternate Trick or Treat night with Father having physical custody of the child in odd numbered years and Mother having physical custody of the child in even numbered years. E. Child's Birthday. The non-custodi4 parent shall have a block of time with the child on the child's birthday. 4. Transportation shall be shared such that the receiving party shall transport. Father shall also be responsible for transporting the child to pre-school and school during his periods of physical custody. 5. 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:dfhan C. Wolf, Esquire, Counsel for Samantha C. Wells, pro se 2109 Cedar Run Drive Apt 103 Camp Hill, PA 17011 ION 10? J. BRYAN R. NEWELL, Plaintiff V. SAMANTHA C. WELLS, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5856 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 Keyan R. Wells DATE OF BIRTH CURRENTLY IN CUSTODY OF December 8, 2004 shared 2. A Conciliation Conference was held in this matter on October 1, 2009, with the following in attendance: The Father, Bryan R. Newell, with his counsel, Nathan C. Wolf, Esquire, and the Mother, Samantha C. Wells, pro se. 3. The parties agreed to an Order in the form as attached. Date: ac eline M. Verney, Esquire Custody Conciliator FILED--,,- OF TK FP, + F '' tr t'j??r i 2009 OCT -9 PH 12: 4 0 CS k 4 'T y