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Home My WebLink About10-0765Lori Moyer and Francine Foltz, Plaintiffs V. Matthew Longwelland Valerie Longwell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. IN CUSTODY COMPLAINT FOR CUSTODY P? _r °-i PJ C -D -n C'fJ f`J Cf1 Ci 1. Plaintiffs are Lori Moyer, 215 Maple Lane, Camp Hill, Pennsylvania and Francine Foltz, of 50 Sussex Road, Camp Hill, Pennsylvania, 17011. They are respectively the natural paternal and maternal grandmothers of the minor child, who resides at 50 Sussex Road, Camp Hill, Pennsylvania, 17011. 2. Defendants are Valerie Longwell who is the biological mother of the minor child. Her current address is the State Correctional Institution at Muncy, P.O. Box 180, Route 405, Muncy PA 17756 and Matthew Longwell, the biological father who is currently incarcerated at Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvnia 17013. 3. Plaintiffs file this Complaint pursuant Pa.C.S.A. §5313 and because they are in loco parentis. 4. Plaintiffs seek legal and physical custody of the following child: Name Mollie Ann Longwell Present Residence 50 Sussex Road Camp Hill, PA 17011 The child was born out of wedlock DOB AA 4/21/06 3 yrs. 9 mos. 5 • The child is presently in the custody of Plaintiff(s). It is noted that one Rusty Rivera currently resides with Plaintiff Foltz as he is the boyfriend of Defendant Valerie Longwell however he has no biological relationship to the child in question. 6. During the child's entire life she has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Francine Foltz 50 Sussex Road 4/21/06-11/06 Camp Hill, PA ID n PC N W a i? 7-? .S7 o a 3 T ? n N William Foltz 126 Valley View Drive 11/06-7/09 Mechanicsburg, PA Valerie Longwell 155 South Hanover Street 7/09-8/09 Apartment #2 Carlisle, PA Valerie Longwell 50 Sussex Road 8/09-Present Rusty Rivera Camp Hill, PA 7. . During the times listed in paragraph six (6), in which the child resided with Plaintiff Foltz, she assumed the role and responsibilities of the child's parents by providing for the physical, emotional and social needs of the child I. 8. During the times listed in paragraph six (6), in which the child resided with Plaintiff Foltz, Mr. Rivera resided with her and the child at issue herein. 9. Plaintiffs have a genuine care and concern for their granddaughter and seek an Order of Court to ensure the Health, Safety and Welfare of the child can continue. 10. The mother of the child is Valerie Longwell who currently residence in SCI Muncy. She is married. 11. The father of the child is one, Matthew Longwell, whose address is the Cumberland County Prison, Claremont Road, Carlisle, Pennsylvania and it is anticipated that he is due to be transported to SCI Camp Hill for classification in the near future. He is married. 12. The relationship of plaintiffs to the children is that of natural maternal grandparents whom the minor child has resided with for her entire life or three (3) years 9 months. The plaintiffs currently reside with the following persons. Name David Moyer Francine Foltz Relationship Husband self 1 It is noted that Plaintiffs herein have a cooperative agreement to jointly raise, care for and nurture their granddaughter and thus jointly petition this court for the relied sought herein. Their interests [that of the best interest of their granddaughter] are not in conflict. 13. The plaintiff s relationship with the children began with the consent of the biological mother, Respondent herein. 14. The relationship of defendant(s) to the child is that of biological father ( Matthew Longwell) and biological mother ( Valerie Longwell). 15. The defendant(s) currently resides with the following persons. Nance Relationship Incarcerated at separate Institutions n/a 16. 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. Plaintiffs have no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiffs believe that one Rudy Rivera of 50 Sussex Road, Camp Hill, Pennsylvania is a person that has exercised physical custody of the child and claims to have a notarized statement "awarding him custody rights" with respect to the child.2 17. Plaintiffs believe and aver that they are seeking custody of the minor child to maintain the family household which has been established and to preserve the continued stability of the only household this child has known. They have no desire to estrange the child from either Defendant herein. 18. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiffs have undertaken and performed the parental responsibilities for the children. Plaintiffs are able to provide the care and nurture which the children need for healthy development in a primary custody situation. Plaintiffs have a mutual interest in assuring their granddaughter has access to proper medical care for a toddler. It is anticipated that when their joint prayer for relief herein is entertained and eventually granted, Plaintiff Foltz will be able to enroll the child onto her health insurance policy. 2 Undersigned counsel has served a courtesy copy of this filing upon Mr. Rivera contemporaneously with the named Defendants. WHEREFORE, Plaintiff requests this Court grant Plaintiffs shared legal custody of the child with primary physical custody vested with Plaintiffs, subject to Defendant(s) periods of partial physical custody as agreed upon their release from their respective correctional institutions. Date: 2 - / -/0 Respectfully submitted, RONIINGER & ASSOCIATES Michael O. Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 (717) 241-6878 (fax) Supreme Court I.D. # 93334 Attorney for Plaintiffs Lori Moyer and Francine Foltz, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW No. Matthew Longwell and Valerie Longwell, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, do hereby certify that I served a copy of this Complaint for Custody upon the following by depositing same in the United States mail, postage prepaid, first class mail, at Carlisle, Pennsylvania, addressed as follows: Matthew Longwell Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Valerie Longwell SCI Muncy P.O. Box 180, Route 405 Muncy, PA 17756 Rusty Rivera 55 Sussex Road Camp Hill, PA 17011 Date: 2- ? / - Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs VERIFICATION I verify that I am the Petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date: l c010 ,a // 11 O ?Y Date: Francine Foltz/Plaintiff LORI MOYER AND FRANCINE FOLTZ PLAINTIFF V. MATTHEW LONGWELL AND VALERIE LONG WELL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-765 CIVIL ACTION LAW IN CUSTODY ORDCR OF COURT AND NOW, Wednesday, February 03, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, March 09, 2010 at 12:00 PM 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/ Dawn S. Sunda 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 7? 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 A"I'TORNEY 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 u~ n~~a~nr ~i11'~1 ~ . ~ 8~ 41 ~s~u ~~ ~~ ~~ ~,! ~~~ .~~~i ~ ~~~ ~~~o