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HomeMy WebLinkAbout10-2194JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com ROBERT A. TRUTT, JR., and DONNA TRUTT, Plaintiffs vs. CHERYL PILCHER, and FRANK PILCHER, Defendants FlL.CL'.iF- ,._,,-iV.,E (1 1010. t??R ? l ?,? 9? 39 CJA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. /?_ Civil Term CIVIL ACTION - LAW IN CUSTODY CUSTODY COMPLAINT 1. Plaintiffs are Robert A. Trutt, Jr. And Donna Trutt, who currently reside at 1738 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendants are Cheryl Pilcher and Frank Pilcher, who currently live at 140 Killdeer Lane, Martinsburg, West Virginia, 25405. 3. Plaintiffs are the maternal grandmother and step-grandfather of the following child and seek a custody Order regarding the following child: NAME DOB/AGE ADDRESS Isabel Romo 6/1/03(6) 1738 McClures Gap Road Carlisle, Pa. 17015. Petitioners currently have physical custody of the child, pursuant to court Order, filed under Docket No. 08 - 1740 Civil Term, Cumberland County, Pennsylvania. A copy of that Order is attached as Exhibit B. &,_e s5z-7 During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Donna Trutt Robert Trutt, Jr Donna Trutt Robert Trutt, Jr 151 N. Middleton Road Carlisle, Pa. 17013 1738 McClures Gap Rd Carlisle, Pa. 17015 2005 - 2008 2008 - present The natural mother of the child is Eloria A. DeWalt. Her current whereabouts are unknown. She has not seen the child since 2004. The natural father of the child is unknown. There is no Father listed on the birth certificate. (Please see Exhibit A, which is a copy of the child's birth certificate, which is attached.) 4. The relationship of plaintiffs to the child is that of maternal grandmother and step-grandfather. The plaintiffs currently reside with the child and their other children. 5. The relationship of defendants to the children is that of adoptive resource. The defendants currently live with their 5 natural children and 2 adopted children. 6. 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 other than as follows: Plaintiffs were granted physical and legal custody of the child in a court Order, indexed under Docket No. 08 - 1740 Civil Term Cumberland County. At that time, the Father was not known, and Mother's whereabouts were not known and Plaintiffs were granted physical and legal custody of the child since the child had been in their care for an extended period of time. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, other than as mentioned in this petition. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiffs have been caring for the child since August 2005, when the parties agreed they would assume custody from the child's other aunt in California. Mother was missing and she has not seen the child since 2004. Petitioners' custody was confirmed in a 2008 Cumberland County court Order. Grandmother is now having health problems, and is suffering complications from diabetes. She cannot continue to take care of the child due to her health condition. Natural Mother is still missing and Father's identity is unknown. Plaintiffs have identified the Defendants, as an adoptive resource through their church. Frank Pilcher is a missionary and the couple are well established and have seven children already in their home. The child has been to visit the Defendants and has indicated she feels comfortable in their home and wants to move there. Once the child moves there, the Defendants plan on moving forward with an adoption. According to Defendant's attorney, the initial paperwork could be filed in West Virginia in approximately 4 months. The parties would comply with all legal requirements to complete the adoption there Pending the adoption the parties are requesting that a court Order be entered, which confirms the parties' agreement. The requested court Order provides that both parties share in legal and physical custody, pending further Order and/or adoption. This Order would ensure that the Defendants could continue to provide for the child's medical and educational needs, pending the final adoption and ensure contact with all parties, to ease the child's transition to her new home. 8. The persons who have physical custody of the child has been named as parties to this action, however, the natural parent whose parental rights to the children have not been terminated are NOT named as parties because: Natural Mother's whereabouts are unknown, and she had not seen the child since 2004 Natural Father's identity is unknown, and a name is not listed on the child's birth certificate WHEREFORE, Plaintiffs request the court to enter a custody order regarding the child. Respectfully submitted, Date: "3 3///b J *e Adams, Esquire 4 I No.79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFFS 00 O FILED 06-18-2003 COUNTY OF DAUPHIN baTE' 0 1E yZ ; 2 0 0 6 BIRTH vSSUL ° NAME ) S "X, F,FMXL ISABEL GRACE'RbRb FATHERS NAM INFORM x? RE'ORIIED,t MOTHERS MA NAME ELORIA Aj??T'TE Rp'kb . This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with Act 66, P.L 304, approved by the General Assembly, June 29, 1953. Calvin B. Johnson, M.D., M.P.H. H105.105 Rev. 02/04 Charles Hardester Secretary of Health State Registrar DBIRTHF 06-01-2003 N. 0586340-2003 13297741 MICHAEL A. GOVEA, DOMONIQUE : IN THE COURT OF COMMON PLEAS N. GOVEA, ROBERT A. TRUTT, JR. CUMBERLAND COUNTY, PENNSYLVANIA and DONNA TRUTT Plaintiffs : V. ELORIA A. ROMO-DEWALT Defendant No. 08-1740 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this J1 _ day of April 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: a. Michael A. Govea and Domonique N. Govea shall enjoy sole legal custody of the minor Child, Natalia Romo, born 10/9/2004. Michael A. Govea and Domonique N. Govea shall have the exclusive right to make all major decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, Michael A. Govea and Domonique N. Govea shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records. b. Robert A. Trutt, Jr. and Donna Trutt shall enjoy sole legal custody of the minor Child, Isabel Romo, born 6/1/2003. Robert A. Trutt, Jr. and Donna Trutt shall have the exclusive right to make all major decisions affecting the; Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, Robert A. Trutt, Jr. and Donna Trutt shall be entitled to all records and information pertaining to the Child including, but not limited to, 4nedical, dental, religious or school records. 2. Physical Custody: a. Michael A. Govea and Domonique N. Govea shall enjoy primary physical cu4ody of the minor Child, Natalia Romo, born 10/9/2004. b. Ro ert A. Trutt, Jr. and Donna Trutt shall enjoy primary physical custody of he minor Child, Isabel Romo, born 6/1/2003. c. Mother shall have visits and contact with the subject Children upon mutual agreement of the parties. In the absence of agreement, the parties may petition this Court for a modification of custody. 3. This Order is entered pursuant to 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. 4. When, or if, Mother presents herself to assert custodial rights to her Children, Mother shall not be precluded from having the right to Petition this Court to Modify this custody arrangement. BY THE COURT, rT 4L J. Cc: Jane Adams, Esq. Eloria A. Ro}o-Dewalt, 1855 East Riverside Drive, Ontario, California 91761 John Mangan, Esq. i I 1 Gx?? t `T MICHAEL A. GOVEA, DOMONIQUE IN THE COURT OF COMMON PLEAS N. GOVEA, ROBERT A. TRUTT, JR. CUMBERLAND COUNTY, PENNSYLVANIA and DONNA TRUTT :Plaintiffs V. ELORIA A. ROMO-DEWALT Defendant No. 08-1740 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation are as follows: Name Date of Birth Currently in the Custody of Natalia Romo 10/9/2004 Michael Govea and Domonque Govea Isabel Romo 6/1/2003 Robert A. Trutt, Jr. and Donna Trutt 2. A Conciliation Conference was held on April 14, 2008 with the following individuals in attendance: The Plaintiffs Michael A. Govea, Domonique N. Govea, Robert A. Trutt, Jr. and Donna Trutt, with their counsel, Jane Adams, Esquire The Mother, Eloria A. Romo-Dewalt, did not appear The Father(s) are unknown and did not appear 3. Plaintiffs Domonique Govea and Michael Govea live in Carlisle, Cumberland CountyPA and are the sister and brother in law of the Defendant Mother and are in loco parentis with respect to the Child Natalia Romo. 4. Plaintiffs Robert A. Trutt, Jr. and Donna Trutt live in Carlisle, Cumberland County SPA and are the mother and step-father of the Defendant Mother and are in ldco-parentis with respect to the Child Isabel Romo. 5. The Father(s) of the subject Children are unknown and no Father is listed on the Chi Idren's birth certificates. 6. In October of 2004, Mother informally relinquished custody of the Children to a maternal aunt in California and said aunt had informal custody of the Childr4 until August of 2005, at which point she was no longer able to care for the Children. Mother was allegedly unwilling to resume custody. 7. In August of 2005, Plaintiffs went to California and brought the subject Children to this jurisdiction. Since August of 2005, Plaintiffs Domonique and Michael Govea have informally solely cared for Natalia Romo and Plaintiffs Donna and Robert Trutt, Jr. have informally solely cared for Isabel Romo. 9. The two Plaintiff families have an excellent relationship and live within five miles of one another. Michael Govea and Robert Trutt, Jr. are employed by the same company. The two subject Children spend an extensive amount of time with one another and always attend family gatherings and holidays together. 10. Mother last was in contact with Plaintiffs in approximately June of 2006 via a telephone call. Mother has not had any contact with the Plaintiffs nor Children since that point. 11. Plaintiffs indicate that they do not have a current address or telephone number for Mother. Plaintiffs have filed a missing person report in California and still Mother has not been located. 12. Plaintiffs indicate that it is their desire for Mother to be in contact with them and the subject Children under agreed upon circumstances. 13. Plaintiffs are seeking a custody Order confirming that they have legal and physical custody of the Children in order for Plaintiffs to have health insurance for the Children, have the authority to make decisions regarding medical issues and enroll the Children in school. 14. The best interest of the Children would be served by ordering primary physical custody and legal custody to Plaintiffs. 15. The Custody Conciliator recommends the entry of an Order in the form as attached. Date: L ?f L; Cl 4zzz John . M n, squire Cust y C/,,, ator i VERIFICATION I verify that the statements made in this Custody 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: 3/a3 A, o Donna Trutt, Plaintiff 17/ Date: _;/.x-3// 0 Robert Trutt, Jr. Plaintiff