Loading...
HomeMy WebLinkAbout04-4603NICOLE WILLIS, CHARLES HINTZ, Plaintiff VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04 - %~ 6, O ~3 CIVIL TERM :CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Nicole Willis, hereinafter referred to as Mother. Mother's permanent residence is 234 West Locust Street, Apartment D, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Charles Hintz, residing at 172 Cherry Street, Woodbum, Oregon 97071. 3. Mother seeks custody of the minor child: Name Skyelar Willis Present Residence believed to be residing at 172 Cherry Street, Woodburn, OR 97071 Age 10/2/90 DOB, 13 years old The child, Skyelar Willis, was born out of wedlock. The child is presently in the custody of the defendant, who is the biological father, and resides at 172 Cherry Street, Woodburn, Oregon 97071. During the child's lifetime, she has resided with the following person(s) and at the following addresses: Name Address Date Nicole Willis 139 Pearl Ave Chester CA 10/90 to 10/93 Nicole Willis 16 W. Factory Street Mechanicsburg PA 17055 10/93 - 11/93 Nicole Willis Fair View Street Carlisle PA 17013 11/93 - 10/94 Nicole Willis Baltimore Ave Mt Holly PA 10/94 - 11/94 Nicole Willis 207 North Market Street 11/94 - 11/00 Nicole Willis Nicole Willis Charles Hintz Mechanicsburg PA 17055 304 West Simpson Mechanicsburg PA 17055 234 W. Locust Street Mechanicsburg PA 17055 172 Cherry Street Woodbum, OR 11/00- 11/01 11/2001 - 6/04 6/04 - present Name Nicole Willis Skyelar Willis (until 6/04) Mother is single. The father of the child is Charles Hintz He is married. 4. Mother currently resides with the following person(s): Relationship Self Daughter with defendant 5. It is believed that the defendant currently resides with the following persons: Name Relationship Charles Hintz Self Alisa Hintz Wife Samuel Hintz Son Faith Hintz Daughter Jewel Hintz Daughter Skyelar Willis (since 6/04) Daughter 6. Mother 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. 7. Mother has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. Mother 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 children. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: a) Mother has provided for Skyelar's emotional, physical, educational, and medical needs, including establishing a stable home environment since Skyelar's birth, and she can continue to provide for Skylar. b) Mother lives near many supportive family members who can contribute to Skyelar's well being and provide a healthy environment in which to raise a child. Additionally, Skyelar can continue to nurture the relationships that she has developed with her extended family. c) Mother is the parent who can best facilitate any interaction between Skyelar and Defendant. d) Defendant has not acted in the best interest of the child in ways including but not limited to the following: i) Defendant refuses to return the child after her normal summer visit, despite an ongoing agreement between the parties to have Skyelar return to Mother at the end of the summer. The parties had abided by this arrangement since Skyelar was at least four (4) years of age. ii) Defendant has not enrolled Skyelar in school, but rather has elected to home school her in Oregon. Skyelar is a gifted student and has always been enrolled in accelerated classes in the Mechanicsburg School District. Defendant cannot provide the same level and quality of education that Skyelar received here and has yet to even receive the tools or curriculum to begin the home- schooling process. iii) Defendant has informed Mother that he has no intention of retuming Skyelar to Pennsylvania despite their prior agreement, and despite Skyelar's requests to come back to live with Mother during the school year. 10. Every person with rights to custody or having actual physical custody of the child has been named to this action. WHEREFORE, the plaintiff requests this Court: a) Order Defendant to immediately return the child to Mother. b) Grant Mother primary physical custody of the child. c) Grant Mother sole legal custody of the child. d) Grant Defendant periods of partial physical custody during the child's summer vacation. e) Establish an appropriate custody schedule for holidays. f) Any additional relief that the Court deems just and proper. dstone Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Nicole willis, verifies that the statements made in the above Complaint For custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. ¢.S. §4904, relating to unsworn falsification to authorities. NlC~O e Willis NICOLE WILLIS, VS. CHARLES H1NTZ, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Charles Hintz with a Complaint For Custody on/c//~/~/~, 2004, by certified mail, return receipt, restricted delivery, to the person and address below: Charles Hintz 172 Cherry Street Woodbum OR 97101 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: //Vo~y/~.~9/~ z~tS~d~y Signature: ~~_ NICOLE WILLIS, Plaintiff CHARLES HINTZ, Defendant 1N THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04- ~4(a 0 3 CMLr~TEI~ : CUSTODY '?~. r~o PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Nicole Willis, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, 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 flee legal services to the 'Jessica)J~amofidstone Grace/D'Alo Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 NICOLE WILLIS, Plaintiff VS. CHARLES HINTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 04-'/~'O'3CIv~L TERM IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Nicole Willis, by and through her counsel, Jessica Diamondstone of MidPcnn Legal Services, states the following: 1. Nicole Willis, the above-named Plaintiff, hereinafter refen'ed to as Mother, resides at 234 West Locust Street, Apt. D, Mechanicsburg, Cumberland County, PA, 17055. 2. Charles Hintz, hereinafter referred to as Defendant, resides at 172 Cherry Street, Woodburn, OR 97071-5430. 3. Mother is the natural mother of Skyelar Willis, bom October 2, 1990. Defendant is the biological father of Skyelar Willis. 4. Mother and Defendant had a prior verbal agreement that Skyelar would reside with Mother during the school year and travel to visit Defendant during the summer break. 5. This agreement has been ongoing since 1994, when Skyelar was four (4) years of age. 6. At the end ofsmnmer 2004, contrary to Skyelar's and Mother's expectations, Defendant did not return Skyelar to Pennsylvania and continues to refuse to return her to Mother's custody. 7. Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. Defendant refuses to comply with the parties' long-standing verbal agreement that Skyelar would spend the summer with Defendant and return to Mother's custody for the school year. b. Defendant refuses to return Skyelar and has decided to home school Skyelar. Skyelar is a giRed student who has always been enrolled in accelerated classes in Mechanicsbnrg School District, Cumberland County, Pennsylvania, and Defendant is not able to provide the same level of education that Skyelar was receiving through the school. c. Defendant refuses to honor Mother's and Skyelar's requests for Skyelar's tatum to Pennsylvania. 8. Mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. Mother is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for her emotional, physical, medical and educational needs. b. Since the child's birth, Mother is the person who has been Skyelar's primary caretaker and has provided for her daily needs. c. Mother is the person most capable of caring for the needs of a 13-year-old girl. d. Mother can best facilitate and maintain any contact between the child and her father. 9. Mother requests that the Court grant primary physical and legal custody of the child to her and grant Defendant periods of partial custody during the stmuner. 10. Without this Court's intervention, Mother and Skyelar are at risk of irreparable harm by being denied contact with each other. WHEREFORE, Plaintiff respectfully requests the following: a. That the Court Order Defendant to immediately return the child to Mother. b. That the Court Order Mother to have primary legal and physical custody of the child, with Defendant having periods of partial physical custody during the summer. c. That the Court refer this matter to a Custody Conciliatior. d. Any other relief this Court deems just and proper. stone Attovhey for Plaintiff/Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Nicole Willis, verifies that the statements made in the above Petition for Special Relief are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Nicole Willis, Plaintiff NICOLE WILLIS, Plaintiff VS. CHARLES HINTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANLA NO. 04- CWIL TERM INCUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Charles Hintz with a Petition for Special Relief on/~ o~/~~' ,2004 by certified mail, return receipt, restricted delivery, to the person and address below: Charles Hintz 172 Cherry Street Woodburn OR 97071-5430 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. 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. Signature: NICOLE WILLIS, Plaintiff/Petitioner VS. CHARLES H1NTZ, : Defendant/Respondent SEP 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- qO03CIVIL TERM : :CUSTODY RULE TO SHOW CAUSE AND TEMPORARY ORDER OF COURT AND NOW, this ~ ~/t~n day of September 2004, upon consideration of the Petition for Contempt, a Rule is entered upon the respondent, Charles Hintz, lo show cause why the relief requested by the petitioner should not be granted. The role is returnable at a hearing on the day of Courtroom --~ fourth floor of the Cumberland County Courthouse at o~,~. ~.~' C-'e_'.:'~ .- .. ..... ~d ~gmdlng custody v£ S~yeiar wiiiis, bom Gctvb~t 2, .-~.; Th,= .... a-ofcT-~a-it ;.; ...................... j .......... ,, ,.,mu to me morner. Distribution: Jessica Diamondstone, Attorney at Law MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Charles Hintz 172 Cherry Street Woodbum OR 97071-5430 NICOLE WILLIS, Plaintiff VS. CHARLES HINTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 04- ff/'~CIVIL TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Nicole Willis, by and through her counsel, Jessica Diamondstone of MidPenn Legal Services, states the following: 1. Nicole Willis, the above-named Plaintiff, hereinafter referred to as Mother, resides at 234 West Locust Street, Apt. D, Mechanicsburg, Cumberland County, PA, 17055. 2. Charles Hintz, hereinafter referred to as Defendant, resides at 172 Cherry Street, Woodburn, OR 97071-5430. 3. Mother is the natural mother of Skyelar Willis, born October 2, 1990. Defendant is the biological father of Skyelar Willis. 4. Mother and Defendant had a prior verbal agreement that Skyelar would reside with Mother during the school year and travel to visit Defendant during the summer break. 5. This agreement has been ongoing since 1994, when Skyelar was four (4) years of age. 6. At the end of summer 2004, contrary to Skyelar's and Mother's expectations, Defendant did not return Skyelar to Pennsylvania and continues to refuse to return her to Mother's custody. 7. Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. Defendant refuses to comply with the parties' long-standing verbal agreement that Skyelar would spend the summer with Defendant and return to Mother's custody for the school year. b. Defendant refuses to return Skyelar and has decided to home school Skyelar. Skyelar is a gifted student who has always been enrolled in accelerated classes in Mechanicsburg School District, Cumberland County, Pennsylvania, and Defendant is not able to provide the same level of education that Skyelar was receiving through the school. c. Defendant refuses to honor Mother's and Skyelar's requests for Skyelar's return to Pennsylvania. 8. Mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. Mother is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for her emotional, physical, medical and educational needs. b. Since the child's birth, Mother is the person who has been Skyelar's primary caretaker and has provided for her daily needs. c. Mother is the person most capable of caring for the needs of a 13.year.old girl. d. Mother can best facilitate and maintain any contact between the child and her father. 9. Mother requests that the Court grant primary physical and legal custody of the child to her and grant Defendant periods of partial custody during the summer. 10. Without this Court's intervention, Mother and Skyelar are at risk of irreparable harm by being denied contact with each other. WHEREFORE, Plaintiff respectfully requests the following: a. That the Court Order Defendant to immediately remm the child to Mother. b. That the Court Order Mother to have primary legal and physical custody of the child, with Defendant having periods of partial physical custody during the summer. c. That the Court refer this matter to a Custody Conciliatior. d. Any other relief this Court deems just and proper. Respectfully ~i , '3essicp/Diamondstone Attovhey for Plaintiff/Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Nicole Willis, verifies that the statements made in the above Petition for Special Relief are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: Nicole Willis, Plaintiff NICOLE WILLIS, Plaintiff VS. CHARLES H1NTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 04- CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Charles Hintz with a Petition for Special Relief on/~/~//~- ,2004 by certified mail, return receipt, restricted delivery, to the person and address below: Charles Hintz 172 Cherry Street Woodbum OR 97071-5430 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are tree and correct. 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. Date: /z/~f~.~ .~Ot/ Signature: ~,...~/~ // - SEP 1 § 200~, ~ NICOLE WILLIS, Plaintiff CHARLES HINTZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA L/(P 0~) CIVIL TERM NO. 04- CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Nicole Willis, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the pagy 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 -~rS2};~, Xa~o °fidst °ne Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 O NICOLE WILLIS : PLAINTIFF : V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-4603 CIVIL ACTION LAW CHARLES HINTZ : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, September 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jae_queline M. Verney, Esq.__, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 19, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftbrt 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. All children age five or older may also be present at the conference. 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/ ]acqueline M. Verney, Esq. 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 17C, 13 Telephone (717) 24%3166 © SEP 3 0 tO04 ~ NICOLE WILLIS Plaintiff VS. CHARLES H1NTZ Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-4603 CIVIL TERM : CUSTODY ORDER OF COURT ~~1~I~ ~, AND NOW, this day of September .004, upon consideration of the Praecipe to Withdraw Petition filed on behalf of Plaintiff, Nicole Willis, the Petition for Special Relief is withdrawn without prejudice to Plaintiff; Nicole Willis. Judge ,/J~ssica Diamondstone Attorney for Plaintiff Nicole Willis 8 Irvine Row Carlisle, PA 17013 oA(irk A. Schmidtman, Esquire Attorney for Defendant Charles Hintz Northwood Office Park 610 Glatt Circle Woodbum, OR 97071 I 0 o~ NICOLE WILLIS Plaintiff VS. CHARLES HINTZ Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4603 CIVIL TERM CUSTODY PRAECIPE TO WITHDRAW PETITION To the Prothonotary: Please withdraw without prejudice the Petition for Special Relief brought by Plaintiff, Nicole Willis, in the above captioned case. Respectfully submitted: Jessig~ Diamondstone, Attorney at Law MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 24.39400 I.D. # 82214 Attorney for Plaintiff Nicole Willis NICOLE WILLIS Plaintiff VS. CHARLES HINTZ Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-4603 CFr-IL TERM : CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Petitioner, Nicole Willis, hereby certify that I have served a copy of the foregoing Petition for Special Relief on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Kirk A. Schmidtman, Esquire Attorney for Defendant Charles Hintz Northwood Office Park 610 Glatt Circle Woodbum, OR 97071 MidPenn Legal Services, Inc. Date: Jessica Diamondstone, Esquire MidPenn Legal Services 8 lrvine Row carlisle, PA 17013 NICOLE WILLIS, Plaintiff V. CHARLES HINTZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 2004-4603 CIVIL TERM : : CIVIL ACTION - [,AW : : IN CUSTODY ORDER OF COURT AND NOW, this 19th day of October, 2004, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECOURT, " · ' ~stody Conciliator C NICOLE WILLIS, Plaintiff VS. CHARLES HINTZ, Defendant : IN THE COUI~ OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-4603 CIVIL TERM : : CUSTODY CUSTODY AGREEMENT AND ORDER ANDNOW, this ~'~dayof I~~ .,2004, thefollowingOrderis entered by consent of the parties with regard to custody of the minor child, Skyelar Willis, bom October 2, 1990: 1. Nicole Willis, hereinafter referred to as Mother, and Chat'les Hintz, hereinafter referred to as Father, shall share legal custody of the child, Skyelar Willis. 2. Father shall be entitled to receive copies of Skyelar's medical records, school report cards and other such information that would pertain to his ability to exercise his shared legal custody rights. 3. Mother shall have primary physical custody of the child. 4. By agreement of the parties, Skyelar Willis, who is currently residing with Father in Oregon, will remm to Mother's residence in Pennsylvania on December 12, 2004. The cost of Skyelar's plane ticket to return to Pennsylvania will be paid by Father. 5. Father shall enjoy periods of temporary physical custody of the minor child in accordance with the following schedule: a. Each summer from June l0th until August 15th. b. Other reasonable and agreed upon times and places throughout the year. These specified vacation times will be arranged by the parties. 6. Should Mother have any medical problems that would preclude her from caring for Skyelar on a primary basis, she will notify Father immediately and he will become the primary custodial parent. 7. Father shall be entitled to reasonable contact with Skyelar while she is in Mother's custody. This contact shall include, but will not be limited to, telephone, email and written correspondence. 8. The mother and father agree that each shall notify the other immediately of medical emergencies that arise while the child is in that parent's care. 9. Each parent shall provide the other with a current address and telephone number. 10. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. Both parties shall provide the child with a "safety zone" by discouraging third parties from making negative remarks about either parent when the child is within earshot. 11. The parties may modify the schedule in the event they reach an agreement between themselves. Absent an agreement, the custody schedule set forth above shall control. 12. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of' the other. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Judge This Order is entered pursuant to the consent of the parties: Nicole Willis, Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 x 14 Charles Hintz, Defendant Kirk S chr~id~rtan,-Es quir~--'---~ Attorney for Defendant Engle & Schmidtman Northwood Office Park 610 Glatt Circle Woodbum, OR 97071 (503) 981~0155