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HomeMy WebLinkAbout10-2345> nJOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 ``' 15 `' 89L 4076 Market Street Camp Hill, PA 17011 i> Tel.: (717) 695-2222/Fax: (717) 695-2207 Attorney for Plaintiff RICHARD JAMES HALL Plaintiff V. MELISSA ANN HALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Richard James Hall, residing at 322 Doubling Gap Road, Newville, Cumberland County, PA 17241. 2. The Defendant is Melissa Ann Hall, residing at 2267 Newville Road, Carlisle, Cumberland County, PA 17015. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE DOB Blake Hall 2267 Newville Road 6 yo 10/05/2003 Carlisle, PA 17015 Dalton Hall 2267 Newville Road 4 yo 03/24/2006 Carlisle, PA 17015 The children were born out of wedlock. The children are presently in the custody of Mother, who resides at 2267 Newville Road, Carlisle, PA 17015. During the past five (5) years, the children have resided with the following AO)' A17 persons and at the following addresses: NAME RESIDENCE DATE Father and Mother 15 Etter Road 7/2005 - 5/01/2008 Newburg, PA 17240 Father and Mother 2267 Newville Road 5/01/2008 - 3/19/2010 Carlisle, PA 17015 Mother 2267 Newville Road 3/19/2010 - present Carlisle, PA 17015 The mother of the children is Defendant, Melissa Ann Hall. She is married to the Plaintiff. The father of the children is Plaintiff, Richard James Hall. He is married to the Defendant. 4. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Mr. & Mrs. William Morrow Friends The Morrow's 14 yo and 8 yo children Friends' children 5. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides: NAME RELATIONSHIP Blake Hall (Subject child) Son Dalton Hall (Subject child) Son Athena (last name unknown) Friend 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. The court, term and number, and its relationship to this action is: Cumberland County Court of Common Pleas, No. 10-2099, Civil Term, Protection from Abuse. The relationship to this action is due to the temporary custodial arrangement established by the "No Admissions" Order entered April 5, 2010. 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Father has been the primary caregiver of the children for approximately the past 2 %z years, since approximately October 2007. B. It is in the children's best interest to maintain the good, well-established Father/Son relationship each now has with their Father. 8. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant an Order establishing custody of the children. Dated: April ?, 2010 Respectfully submitted, JOHN F. KING LAW, P.C. J F. King, Esquire 4076 Market Street Camp Hill, PA 17011 Attorney for Plaintiff VERIFICATION I, Richard James Hall, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. a"".0 4'?o Richard James Hall Dated: April 6(-,_, 2010 RICHARD JAMES HALL IN THE COURT OF COMMON PLEAS OF PL.:yINTIFF CUMBERLAND COON"l'Y, PENNSYL.,VANIA V. MELISSA ANN HALL DFFI~.NDANT 2010-2345 CIVIL ACTION LAW . IN CUSTODY OItUER OF COURT AND NOw Wednesday, Aril 14, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esy. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 20, 2010 at 9:30 AM ..... for aPre-l-learin~ Custody Conference:. At such conference, an effort will be made to resole e 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 irrounds 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 'T'HE COURT. By: /s/ ohn .Man an r. Es . Custody Conciliator "I'he 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 reaso~~lable accommodations available, to disabled individuals having business before the court, please contact our oft~~ce. 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 TH1S PAPER TO YOUR AT°TORNEY A'I' ONCE', lF YOU DO NO"t HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TEL:EPI[ONE THE OFFICI: SET FORTH BELOW TO FIND OtJT W}-IERE YOU CAN GET LEGAL {IELP. 4 • ~~{ ' ~ O Vr~• -~-• C,OP C.'umberland C ounty Bar Association ` ~ N ~ ~? South Bedford Street , ' `~ (Y1Ct~ lei '40 ~~ Carlisle, Pennsylvania 17013 • ~~ ' ~ ~ ~~~ ~~ ~~ ~ Telephone (7 17) 249-3166 -~ 1~2~ ~'~~' ~~ ~ ~~ to ~ =; r'. ~~ '- . ,~, ~: JUN 0 7 2010 RICHARD JAMES HALL, IN THE COURT OF COMMON PL~AS Plaintiff CUMBERLAND COUNTY, PEIV~L~NI.Q~ . ~~r'' ~'° ~., {'ilk v. s-._ . No. 10-2345 CIVIL ACTION L ~ -° ~ tr.- L. :~ t}, .. ,. -7 MELISSA ANN HALL, IN CUSTODY '' ` ~ .? ~..- ~:: c ~' ;y~~? `Y` Defendant ? ~ ~; ~ ~, ORDER OF COURT `~ , AND NOW this ~5 ' " d ay of June 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Court Order docketed at 10-2099 is hereby amended as follows: The parties shall be able to have communication and/or contact between each other as long as the contact is strictly in regard to the children/custodyrnatters, including custody exchanges. Said contact shall be made in anon-threatening, non-abusive and non-harassing manner. 2. This Order is entered pursuant to a Custody onciliation Conference. A Custody Hearing is hereby scheduled on the _~ ~: day of 2010 at ~~_am~ in Courtroom number ~_ m the Cumberland ounty Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Richard Hall, and the Mother, Melissa Hall, shall have shared legal custody of Blake Hall, born 10/05/2003 and Dalton Hall, born 03/24/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of 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. 3. Physical Custody: Pending the scheduled Court hearing, the parties shall arrange physical custody of the Children as follows: a. Father shall have physical custody of the Children from 05/20/10 unti105/31/10; Mother shall have physical custody from 05/31/10 until 06/13/10 and the parties shall continue with a two weeks on/ two weeks off schedule during the summer until the hearing. b. The parties shall meet approximately half way between their respective residences for the custody exchanges. c. The parties may arrange alternate physical custody schedules by mutual agreement. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. Any and all phone calls left by the non-custodial parent shall be returned on a prompt basis. Each parent shall be allowed telephone contact with the Children at least one time per day no later then 8:00 pm. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 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. Distribution: 'John King, Esquire Melissa Hall, 2267 Newville Rd., Carlisle, PA 17015 ~ John J. Mangan, Esquire Ct3~-~ ~n~( fo~9/ I D ~L By the Court_ RICHARD JAMES HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-2345 CIVIL ACTION LAW MELISSA ANN HALL, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Blake Hall 10/05/2003 Primary Mother Dalton Hall 03/24/2006 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 20, 2010 with the following individuals in attendance: The Mother, Melissa Hall, appeared pro se The Father, Richard Hall, with his counsel, John King, Esq. 3. Father's position on custody is as follows: Father would like to have primary custody of the Children. Father has moved and has been living in Virginia since approximately Apri12010. Father indicates that he has extended family in Virginia and he is employed doing landscaping work. Father currently lives with the Children's paternal grandparents. Father asserts that he has been the Children's primary care-giver all of their lives. Father asserts that the Children would be much better off in Virginia and would like the Children to attend school in Virginia. Father indicates that it approximately a five to six hour drive between the parents. Father offered Mother the whole summer from after school lets out until one week prior to school starting, with the exception of Father having one full week upon adequate notice. Additionally, Father offers Mother every long weekend to Mother every month, every Christmas break and Easter break., and possibly Thanksgiving. The Christmas break offered to Mother would be for the entire break one year and the next year from 12/26 until beginning of school in January. 4. Mother's position on custody is as follows: Mother would like to retain primary physical custody of the Children here in this jurisdiction. Mother acknowledges that she works quite a bit, but has adequate family resources to assist her. Mother essentially is offering Father exactly what Father proposes to her; i.e. every summer and Christmas/Easterhreaks and weekends during the school year as feasible. Mother asserts that the Children would be better off in this jurisdiction and school district. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one whole day. 6. The proposed recommended Order may contain a requirement that the parties file apre-trial memorandum with the Judge to whom the matter has been assigned. .. 5 ~~ Date ~. John J. an ,Esquire Cust y C nciliator RICHARD JAMES HALL, Plaintiff V. MELISSA ANN HALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 10-2345 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of September, 2010, upon consideration of the complaint for custody filed in the above-captioned matter with respect to the parties' children, Blake Hall (date of birth October 5, 2003), and Dalton Hall (date of birth March 24, 2006), and neither party having appeared for the hearing on the complaint scheduled for this date, and Plaintiff's counsel, John F. King, Esquire, having appeared, notwithstanding that his client has failed to remain in contact with him, and the Court having waited approximately 15 minutes beyond the time scheduled for the hearing to facilitate the appearance of either party, it is ordered and directed as follows: 1. The Order of Court dated June 8, 2010, shall remain in full force and effect with respect to custody of the parties' children; and 2. Pursuant to a request of Mr. King, he is excused from further responsibility with respect to representation of the Plaintiff in this case. By the Court, J. Wsley Ol r J. ?r 4 .? 'C t ? _ iT7 - . Cr 1 r Qr J {''?'"} C 'W am ? John F. King, Esquire 4076 Market Street Camp Hill, PA 17011 For the Plaintiff Melissa Ann Hall, Defendant pro Se 2267 Newvi.lle Road Carlisle, PA 17015 chard James Hall 904 Haven Ridge Road Ceres, VA 24318 Pcb g f ?o?rv RICHARD JAMES HALL : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 10-2345 MELISSA ANN HALL, : CIVIL ACTION - LAW Defendant : CUSTODY/VISITATION PRAECIPE Pursuant to the Bench Order issued September 9, 2010, by the Honorable J. Welsey Oler, Jr., please withdraw my appearance in the above-captioned matter and so mark the docket. Dated: September, 2010 Respectfully submitted, JOHN F. KING LAW, P.C. By: ohn F. King, Esquir ID#61919 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 Attorney for Plaintiff - i7' r a 5 C { ..: