HomeMy WebLinkAbout06-12-12i
ELIZABETH B. STONE, ESQ.
ATTORNEY ID NO. 60251
3507 MARKET STREET, SUITE 303
CAMP HILL, PA 17011
(717)909-1500
ATTORNEY FOR PLAINTIFF
IN RE: PERMANENT GUARDIANSHIP: IN THE COURT OF COMMON PLEAS OF
K.Z.M. and E.B.M.M., :CUMBERLAND COUNTY, PENNSYLVANIA
Minor Children
ORPHANS' COURT DIVISION
,~ ~ -101 - C5-C..QI~..L
r..a
~~
~~
c__
r--,
~r-,;
c~ C! ~~'
PETITION FOR PERMANENT GUARDIANSHIP ~ ~ ,, -
..; r=,a
NOW comes your Petitioners, by and through their attorney, Elizabeth B. Stone, Esqui~,
and files this Petition with a Proposed Order for Permanent Guardianship of Minor Children,
representing as follows:
1. Your Petitioners are Donna R. Weiss and Charles A. Weiss, adult
individuals who have resided for the last 14 years at 18 Ardmore Circle, New Cumberland,
Cumberland County, Pennsylvania 17070.
2. The Petitioners are the maternal grandmother and step-grandfather of the
minor children, Kaiden Zaide Montgomery, born May 11, 2002, and Elaysia Blue Marie
Montgomery, born October 23, 2003.
3. Prior to and up until February 8, 2011, the two minor subject children
were living with their natural mother and father, Kimberly Marie Cox-Montgomery and David
Montgomery, at 10 Lakeside Trail, Covington, Georgia, 30016-2543. Kimberly is the daughter
of Petitioner, Donna Weiss.
4. On the morning of February 8, 2011, Kimberly Marie Cox-Montgomery,
~~
-~~
w /
,_-,._
~i i%
-~ ._.
~.~.~
_ ` y,
'=: T
-- ~ '
--x-~,
,,, n
died suddenly and very unexpectedly at her home. See the Attached Certified Copy of the
Georgia Death Certificate, dated February 18, 2011, marked as Exhibit #1, attached hereto, and
made a part of the record herein.
5. It is averred that within hours upon being notified of their daughter's
unexpected and sudden death, the Petitioners drove to Georgia to help with their grandchildren
and possibly bring them back to the grandparents' home in Cumberland County, Pennsylvania.
6. It is averred that after many conversations with their son-in-law, and after
seeing their son-in-law's distressed mental state, it was believed and agreed by both father and
grandparents that letting the children move to Pennsylvania was in the best interests of the
children. At that time, the grandparents prepared a temporary guardianship agreement that
allowed the grandparents to transport the children legally up to Pennsylvania, register them into
school, attend to their medical needs through regular wellness and sick visits, and travel freely
with the children both in this country and outside its borders.
7. On or after February 8, 2011, the Petitioners drove down to Georgia and
returned to Pennsylvania several days later with the minor children and a custodial agreement
signed by the children's father and your Petitioners. At that time, it was believed by all parties
that this custody arrangement would last until the Father was stable enough to parent his two
minor children. See Attached Agreement, dated February 14, 2011, marked as Exhibit #2,
attached hereto, and made a part of the record herein.
8. On or about February 28, 2011, your Petitioners filed a Complaint for
Custody, a Petition for Emergency Relief, with a Proposed Order with the Prothonotary in the
Court of Common Pleas in Cumberland County. The essence of that Complaint was that the
2
Plaintiff Grandparents believed that they needed a more legal document and thus sought to obtain
a Court Order granting them physical custody and shared legal custody of their minor
grandchildren to register the children into school, to schedule medical appointments and attend to
any and all other health education and welfare needs.
9. On March 7, 2011, the Honorable Judge Guido signed a Court Order
granting the grandparents their request for Emergency and Special Relief. See Attached Court
Order dated Mazch. 7, 2011, marked as Exhibit #3, attached hereto, and made a part of the record
herein.
10. On or about, March 17, 2011, the grandparents received yet another phone
call giving them yet more unimaginable horrific and sad news. This time they were notified that
their son-in-law, the children's biological father, David Montgomery, had also just died suddenly
and unexpectedly. See the Attached Certified Copy of the Georgia Death Certificate, Copy dated
October 28, 2011., marked as Exhibit #4, attached hereto, and made a part of the record herein.
11. Shortly upon the Petitioners' return to Pennsylvania with their two
grandchildren in Februazy, 2012, they sought out grievance counselors for them. Over the last
year and moving farwazd, the grandchildren have and will continue to receive mental health
counseling through. private therapy sessions. Both children aze now playing sports and their
grandson is active in Cub Scouts. Both children, according to the grandparents, have adjusted as
best as can be expected to this tragedy. They have been told of both of their pazents' deaths, but
not the manner in which they both died.
12. It is averred by the Petitioners that the children should now live
permanently with their maternal grandparents as it is their belief that this nurturing and loving
t
living arrangement: is in the best interests of the minor children.
13. It is averred that the children will remain with the grandpazents at least
until they each reach the age of majority.
14. Your Petitioners, the Grandpazents now are requesting and are desirous of
obtaining a Court Order to make them the sole legal and physical custodians and legal guardians
of the minor children. This Order will allow the Petitioners/Grandparents to attend to any
medical needs, educational needs, and all other needs, including extra-cumculaz activities that
the children may become involved in from time to time. Essentially, the Grandparents, your
Petitioners, wish to raise their grandchildren as if they were their own, with all of the rights and
privileges of parents.
15. The Petitioners have not participated as a party, witness or in any other
capacity in other litigation concerning the custody of this children in this or another court.
16. The Petitioners have no information regazding any other custody
proceeding concerning the children pending in a court of this Commonwealth.
17. The Petitioners do 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.
18. The Petitioners believe and therefore aver that the best interests and
permanent welfare of the children require that the parties have both sole legal and physical
custody of the children and ask this Court to enter an Order granting them Permanent
Guardianship of the Minor Children.
4
WHEREFORE, the Petitioners respectfully request that the Court enter an
order providing for the legal and physical custody of the children as stated above by granting the
request of Petitioners and award permanent physical and legal custody of the minor children to
the Grandparents; or, in the alternative, schedule a hearing on the matter as soon as judicially
possible.
Respectfully submitted,
By
Elizabeth B.
x,#60251
et, Suite 303
7011
~~' (717)0
Dated: ~ ~ Z- Attorne or Petitioners
5
Birth Number
GEORGIA DEATH CERTIFICATE
~•un'rmr LU11liA000UU/604
1. DECEDENTS LEGAL FULL NAME (First, Middle. Last) ~ 1a. IF FEMALE, ENTER LAST NAME AT BIRTH 2. SEX '~ 2a. DATE OF DEATH (Mo., Day, Year)
KIMBERLY MARIE COX COX 'FEMALE ;ACTUAL DATE OF DEATH 02(0&2011
3. SOCIAL SECURITY NUMBER 4a. AGE (YEARS) 46. UNDER t YEAR 4c. UNDER 1 DAV 5. DATE OF BIRTH (Mo.. Oay, Year)
25445-6149 30 Mos. Days Hours Mies. 07!25!1980
6. BIRTHPLACE 7a. RESIDENCE -STATE 7b. COUNTY 7c. CITY, TOWN -- - - -
GEORGIA GEORGIA JASPER
- _ _ ,MANSFIELD
7d. STREET AND NUMBER 7e ZIP CODE 7f INSIDE CITYLIMITS? g ARMED FORCES?
867 BAER CREEK POINT -_ _ _ - __ -_ -. __-- __ _ J30055. _I NO ~ NO --_
8a. USUAL OCCUPATION ~ 8b. KIND OF INDUSTRY OR BUSINESS _- -- -
_ ARTIST ART WORK
9. MARITAL STATUS 110. SPOUSE NAME 11. FATHER'S FULL NAME (First, Middle, Last)
NEVER MARRIED _ (ALAN W COX
12. MOTHER'S MAIDEN NAME (First, Middle. Last) 13a. INFORMANTS NAME First, Middle, Last
( ) 13b. RELATIONSHIP TO DECEDENT
DONNA ROSETH ALAN W COX
FATHER
13c.MAILINGADDRESS -.. _-_ -._ _ -_._. -. -__.... - __. __ _._ -_. -
14. OECEDANT'SEDUCATION - - - -
867 BAER CREEK POINT, MANSFIELD, GEORGIA 30055 _ HIGH SCHOOL GRADUATE OR GED COMPLETED
15. ORIGIN OF DECEDENT ptalran, Mer..French Engrish, arc) 16. DECEDENT'S RACE (lNhrte. Black, Amer. lrxiian. etc.) (Sper.Yly)
N0. NOT SPANISH/HISPANICILATINO WHITE
17a. IF DEATH OCCURRED iN HOSPITAL - ""--- - -- -- _- - --- -- -
- 17b. IF DEATH OCCURRED OTHER THAN HOSPITAL (indicate DOA. OP/EMER.. Rm.. lnpat;ent) /Specify)
EMERGENC'I ROOMlOUT~ATictvT
18. HOSPITAL OR OTHER INSTITUTION NAME (llnot in edher, gave street and No _- - _ - -~ -- -
19. CITY, TOWN or LOCATION OF DEATH 20. COUNTY OF DEATH
NEWTON MEDICAL CENTER 5126 HOSPITAL DRIVE NE COVINGTON, GEORGIA 30014 COVINGTON NEWTON
21. METHOD OF DISPOSITION
(SP~iIYI 22. PLACE OF DISPOSITION ~. 23. DISPOSITION DATE (Mo., Day, Yeah
CREMATION DOGWOOD HILL CREMATORY COVINGTON, GEORGIA 30014 NEWTON 02/12/201 t
- - _ _ -
--- __ - _
24a. EMBALMER'S NAME ~ 24b. EMBALMER LICENSE NO. 25. FUNERAL HOME NAME -
CALDWELL AND COWAN F H INC
25a.FUNERALHOMEADORESS ----- - - - - -- -- - - -- ----- ----
COVINGTON, GEORGIA 30014
26a. SIGNATURE OF FUNERAL DIRECTOR 26b. FUN. DIR. LICENSE NQ _
/S/ JUDSON CALDWELL_ 2712
27. DATE PRONOUNCED DEAD(MO., Da .near ------- --- - -
v ) 26. HOUR PRONOUNCED DEAD
02/08!2011 . 10:38 AM
29a. PRONOUNCER'S NAME 29b. LICENSE NUMBER 29c. DATE SIGNED
HAI HONG TRINH 55991 102/08!2011
__ __i
30. TIME OF DEATH 31. WAS CASE REFERRED TO MEDICAL EXAMINER - - -
10:38 AM ;YES
32. Part I. Enter the chair of events-diseases. injuries, or complications that directly ceased the death. DO NOT enter terminal events such as cardiac arrest. - -
reslrratory artest. a venticular fibrillaUOn without showing the etidogy. DO NOT ABBRVIATE. ApprOXlmate Interval t)Btween ODSet and death
IMMEDIATE CAUSE (Final A. PENETRATING GUNSHOT WOUND OF CHEST UNKNOWN
disease or condition resulting in Due to, or as a consequence of
death}
8
- Due to, or as a consequence of _ - - - - - - -" --
C
Due to. or as a consequence of - - _-- --
D.
D'art II. Enter sgniiicanr conditions conult:uting w death Lut not reWtetl to cause
given in Part 1A. (If femere, indicete iI pregnant a birth occurred within 90 days of death.) ----
33. '..^lSS AUTOPSY FCRFORb'IED~ , 34. WERE AUTOPSY FINDINGS AVAILABLE TO
'COMPLETE THE CAUSE OF DEATH?
NO
35. TOBACCO USE CONTRIBUTED TO DEATH 36.IF FEMALE NO
37. ACCIDENT, SUICIDE, HOMICIDE. UNDERTERMINED (Specfy)
UNKNOWN UNKNOWN IF PREGNANT WITHIN THE PAST YEAR SUICIDE
_ - _ _ - -
38. DATE OF INJURY (MO., Day, Year) ;39. TIME OF INJURY 40. PLACE OF
INJURY (Nana, Farm. Street, Factory, OH~ce, Etc.) (Specify) 41. INJURY AT WORK? (Yes otNO)
02)0812011 UNKNOWN OTHER ADDRESS
42.LOCATION OF INJURY (Street Apartment Number, City or Town, Slate, Zip, County) _ NO
- - - "- - -- - - -- - --
10 LAKE SIDE TRAIL, COVINGTON, GEORGIA 30016 NEWTON
43. DESCRIBE HOW INJURY OCCURRED
SHOT SELF 44. IF TRANSPORTATION INJURY
45. To the best of my knowledge death oxurred at Lhe time, date and lace and due
P
t
h - - - -- - - - - - - ~ ---
46. On the basis of examination and/or investigation
in my opiniondeath occurred at th
ti
d
o t
e cause(s) stated. Medical Certifier (Name. Title, license No.) ,
e
me,
ate and
place and due to the cause(s) stated. Medical Examiner/Coroner (Name. Title, License No.)
', /S/ TOMMY DAVIS CORONER 901071
45a. DATE SIGNED (MO.. Day, Year) .4Eb. HOIJR OF DEATH
"' 46a. DATE SIGNED (MO
Da
Ye
r
- - -
~- .,
y,
)
a
46b. HOUR OF DEATH
_ - - 02/18/2011
10:38 AM
47. NAME, ADDRESS, AND ZIP COUE OF PER$Oh! COMPLETING CAUSE GF DEATH
TOMMY DAVIS 1124 CLARK STREET, COVINGTON.. GEORGIA 30074
48. REGISTRAR - - --
(Signature)
- ~ 49. DATEFILED -REGISTRAR (MO. Day, rear)
_
/S/ Kenneth Bramlett 04/26/2011
Form 3903 (Rev. 11)2008). GEORGIA DEPARTMENT nc w-u~ero or:eni ~o~«
DO NOT FOLD THIS CERTIFICATE
~X ~ t
{
February 14, 2011
I David Montgomery paternal father of Kaiden Zade
Montgomery, born 5-11-2002 (# 667-16-6070) and Elaysia Bleu
Montgomery, born 10-23-2003 (# 165-82-9669), do hereby
grant the authority and guardianship for Donna and Charles
Weiss to transport Kaiden and Elaysia across state lines to their
home in New Cumberland, Pennsylvania, where they will take
care of their healthcare, education and insurance needs.
~``~ ~~~~ David Montgomery
Donna R. Weiss
Charles A. Weiss
a~ .~
Y ~~~_V ~
~~~ ( iiJJ
m~~.~~
~X ~~
,~
_ ,.
5:1ESTONE CLIENTSUny documents~tllCUSTlweissCOMPLAINT-PETITION FOR EMERGENY & SPECIAL RELIEF-ORDEr.wpd
ELIZABETH B. STONE, ESQ.
ATTORNEY ID NO. 60251
1300 MARKET STREET, SUITE 10
LEMOYNE, PA 17043
ATTORNEY FOR PLAINTIFF
DONNA R. WEISS and CHARLES A. WEISS, :1N THE COURT OF COMMON PLEAS OF
Husband and Wife, :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
CNIL ACTION -LAW
NO. 2011- ~t~/~, -CIVIL TERM
DAVID MONTGOMERY,
Defendant. : IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of ~ , 2011, upon presentation and consideration
of the within Petition for Emergency and Special Relief, and attached complaint, it is hereby ordered and
decreed as follows:
A. The parties shall have joint legal custody of the two. minor children, Kaiden Zaide
Montgomery, born May of 2002, and Elaysia Blue Marie Montgomery, born October of
2003.
B. The Grandparents shall have primary physical custody of the minor children.
C. Father shall have liberal visitation rights as the parties agree.
D. Fathec• shall not remove the children from the Commonwealth of
Pennsylvania without first providing the maternal Grandparents with an address and
phone number where the custodial party can be reached in the event of an emergency.
E. The parties shall have reasonable telephone contact, emails, or other contact as age
permits while the children are in the other's custody.
F. The parties shall keep each other advised immediately relative to any emergencies
~x u,.3
concerning the minor children and shall further take any necessary steps to insure that the
health, welfare, and well being_of both children are protected.
G. The parties shall do nothing that may estrange the children from the other parties or
hinder the natural development of the children's love or affection for the other parties.
H. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and
shall retain such jurisdiction should circumstances change and any party desire further or
require further modification of said Order.
BY T~tS~;.}
,{' _ >
Judge
TRUE COPY FROM RECORD
M Testimony whereof, .I here unto set my hand
and the seal of said Co~u~rt~at~C, a~dlsle, Ps.
(~, - ~ ,(,, Prothonotary
~;f r~r-r-.,,~...
ELIZABETH B. STONE, ESQ.
ATTORNEY ID NO. 60251
1300 MARKET STREET, SUITE 10
LEMOYNE, PA 17043
ATTORNEY FOR PLAINTIFF
%~~ ~ l F~`l' 2II ~lP~ gin: ', :.~
DONNA R. WEISS and CHARLES A. WEISS, : IN THE COURT OF COMMON PLEAS OF
Husband and Wife, :CUMBERLAND COUNTY, PENNSYLVANIA.
Plaintiffs/Petitioners
v. :CIVIL ACTION -LAW
N0.2011- -CIVIL TERM
DAVID MONTGOMERY, .
Defendant/Respondent : IN CUSTODY
PETITION FOR EMERGENCY AND SPECIAL RELIEF
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Petitioners, DONNA R. and CHARLES A. WEISS, by and through their attorney, Elizabeth B.
Stone, respectfully represents as follows:
1. The Plaintiffs are Donna R.Weiss and Charles A. Weiss, adult individuals currently
residing at 18 Ardmore Circle, New Cumberland, Cumberland County, Pennsylvania 17070.
2. The Defendant is David Montgomery, adult individual currently residing at 10 Lakeside
Trail, Covington, Georgia, 30016-2543.
3. The Plaintiffs are the maternal grandmother and step-grandfather of the minor child;
Kaiden Zaide Montgomery, born May, 2002, and Elaysia Blue Marie Montgomery, born October, 2003.
4. The Defendant is the natural biological father of the subject minor children.
5. The children's mother, Kimberly Marie Cox-Montgomery, died unexpectedly and very
suddenly on February 8, 2011. At the time, the two lived with both their biological parents at 10
Lakeside Trail, Covington, Georgia, 30016-2543.
6. Upon being notified of their daughter's unexpected and sudden death, the grandpazents
immediately drove to Georgia to pick up their grandchildren and bring them back to New Cumberland to
live, go to school, and to be brought up by family.
7. It is averred by the Plaintiffs that all interested parties agreed with the decision that the
that children should live with their maternal grandpazents full-time based upon what was in the best
interests of the minor children.
8. It is averred by Plaintiffs that the parties signed a~ .guardianship agreement so that the
grandpazents, your Plaintiffs herein, could transport the children across states lines, register them into
school and take them to a physician. See Attached Agreement, signed by the parties, and dated February
14, 2011, attached hereto as Exhibit A and made of the part of the record hereto.
9. It is averred that the children will remain with the grandpazents, who now desire to
obtain a Court Order so that they can attend to any medical needs with the pediatrician, place the
children on the step-father's medical insurance, follow-up visits and emergency needs and register the
children for school, as well as, other extra-cumculaz activities that the children may become involved in
from time to time. The Plaintiffs have no intentions of keeping the minor children from their. father;
however, they do believe that this is in the best interests of the grandchildren to ensure adequate care, a
clean environment, and a loving home while the minor children live in their home.
10 The Plaintiffs have not participated as a party, witness or in any other capacity in other
litigation concerning the custody of this children in this or another court.
11. The Plaintiffs have no information regarding any other custody proceeding concerning
the children pending in a court of this Commonwealth.
12. The Plaintiffs do 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.
13. The Plaintiffs believe and therefore aver that the best interests and permanent welfare of
the children require that the parties have joint legal custody of the children, that the Plaintiffs have
primary physical custody of the children and that the Defendant has temporary physical custody of the
children in accordance with this Court's Order.
WHEREFORE, the Plaintiffs respectfully requests that the Court enter an order
providing for the legal and physical custody of the children as aforesaid; grant the request of Plaintiffs
and award temporary physical custody of the minor children to the Grandparents, and order a hearing on
the matter as soon. as judicially possible.
Dated: ~. (2 SI II
4
February 14, 2011
I David Montgomery paternal father of Kaiden Zade
Montgomery, born 5-11-2002 (# 667-16-6070) and Elaysia Bleu
Montgomery, born 10-23-2003 (# 165-82-9669), do hereby
grantthe authorityand guardianship for Donna and Charles
Weiss to transport Kaiden and Elaysia across state lines to their
home in New Cumberland, Pennsylvania, where they will take
care of their healthcare, education and insurance needs.
David Montgomery
~• ~rs3
-Zip
~, :.
.. `` . _ -
,,
=._ ~ ="
w~. -tee.
Donna R. Weiss
Charles A. Weiss
rn I ~~ ~~(I. ~ ~
~U
ELIZABETH B. STONE, ESQ.
ATTORNEY ID NO. 60251
1300 MARKET STREET, SUITE 10
LEMOYNE, PA 17043
ATTORNEY FOR. PLAINTIFF
DONNA R. WEISS and CHARLES A. WEISS,
Husband and Wife,
Plaintiffs
v.
DAVID MONTGOMERY,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
N0.2011- -CIVIL TERM
IN CUSTODY
COMPLAINT FOR CUSTODY
NOW comes the plaintiffs, by their attorney, Elizabeth B. Stone, Esquire, and files this complaint
and agreement for custody, representing as follows:
1. The Plaintiffs are Donna R.Weiss and Charles A. Weiss, adult individuals currently
residing at 18 Ardmore Circle, New Cumberland, Cumberland County, Pennsylvania 17070.
2. The Defendant is David Montgomery, adult individual currently residing at 10 Lakeside
Trail, Covington, Georgia, 30016-2543.
3.The Plaintiffs are the maternal grandmother and step-grandfather of the minor child, Kaiden
Zaide Montgomery, born May, 2002, and Elaysia Blue Marie Montgomery, born October , 2003.
4. The Defendant is the natural biological father of the subject minor children.
5. The children's mother, Kimberly Marie Cox-Montgomery, died unexpectedly and very
suddenly on February 18, 2011. At the time, the two lived with both their biological parents at 10
Lakeside Trail, Covington, Georgia, 30016-2543.
6. Upon being notified of their daughter's unexpected and sudden death, the grandparents
immediately drove to Georgia to pick up their grandchildren and bring them back to New Cumberland to
live, go to school, and to be brought up by family.
7. It is averred by the Plaintiffs that all interested parties agreed with the decision that the
that children should live with their maternal grandparents full-time based upon what was in the best
interests of the minor children.
8. It is averred by Plaintiffs that the parties signed an guardianship agreement so that the
grandparents, your Plaintiffs herein, could transport the children across states lines, register them into
school and take them to a physician. See Attached Agreement, signed by the parties, and dated February
14, 2011, attached hereto as Exhibit A and made of the part of the record hereto.
9. It is averred that the children will remain with the grandparents, who now desire to
obtain a Court Order so that they can attend to any medical needs with the pediatrician, place the
children on the step-father's medical insurance,. follow-up visits and emergency needs and register the
children for school, as well as, other extra-curricular activities that the children may become involved in
from time to time. The Plaintiffs have no intentions of keeping the minor children from their father;
however, they do believe that this is in the best interests of the grandchildren to ensure adequate care, a
clean environment, and a loving home while the minor children live in their home.
10. The Plaintiffs have not participated as a party, witness or in any other capacity in other
litigation concerning the custody of this children in this or another court.
11. The Plaintiffs have no information regarding any other custody proceeding concerning
the children pending in a court of this Commonwealth.
12. The Plaintiffs do 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.
13. The Plaintiffs believe and therefore aver that the best interests and permanent welfare of
the children require that the parties have joint legal custody of the children, that the Plaintiffs have
~.
pximary physical custody of the children and that the Defendant has temporary physical custody of the
children in accordance with this Court's Order.
WI~REFORE, the Plaintiffs respectfullyrequests that the Court enter an order providing for the
legal and physical custody of the children as aforesaid; grant the request of Plaintiffs and award
temporary physical custody of the minor children to the Grandparents, and order a hearing on the matter
as soon as judicially possible.
Respectfully submitted,
Dated: ~ I a`'S ~ ( I
By
BETH TONE, ESQUIRE
preme C ID #60251
1300 M t Street, Suite 10
Le , PA 17043
9-1500
Atto eys for Plaintiffs
~.
VERIFICATION
We verify that the statements made in this Custody Complaint are true and correct. We
understand that false statements made herein may subject me to penalties of Pa.C.S. §4904
relating to unsworn falsification to authorities.
~ '~
Date Donna R. Weiss, Plaintiff
., as r~ ~ e,s
Date axles A. Weiss, Plaintiff
GEORGIA DEATH CERTIFICATE
Bath Number
araro r-ne nUmDer LU 1 ~ (iA000049874
1. DECEDENTS LEGAL FULL NAME (First. Middle, Last) 1a. IF FEMALE, ENTER LAST NAME AT BIRTH 2. SEX 2a. DATE OF DEATH (MO., Day, Year)
DAVID CHRISTOPHER JEFFREY MONTGOMERY MALE ACTUAL DATE OF DEATH 03/17!2011
3. SOCIAL SECURITY NUMBER 4a. AGE (YEARS) 4b. UNDER 1 YEAR 4c. UNDER 1 DAY 5. DATE OF BIRTH lMo.. Day, Year)
258-07-1868 2g Mos. ~ Days Hours Mins. 11!10/1981
6. BIRTHPLACE 7a. RESIDENCE -STATE - ~ ~ - -- - - - -- - -
7b. COUNTY 7c. CITY, TOWN
GEORGIA 7;EORGIA NEWI"ON
- - COVINGTON
- _ _ _
7d. STREET AND NUMBER "- - - _ _ _
7e ZIP CODE 7f. INSIDE CITY LIMITS?
10 LAKESIDE TRAIL 8 ARMED FORCES?
- - _ __ _ 30016 NO _ _ 1_ NO
ea. USUAL OCCUPATION 8b KIND OF INDUSTRY OR BUSINESS - - ---
SALES _ _.. - (INSURANCE
9. MARITAL STATUS 10 SPOUSE NAME 11. FATHER'S FULL NAME (First, Middle, Last)
NEVER MARRIED I - - (JEFFREY DARWIN MONTGOMERY
12. MOTHER'S MAIDEN NAME (First, Middle, Last) 13a. INFORMANTS NAME First, Middle, Last - -
( ) 13b. RELATIONSHIP TO DECEDENT
NANCY CAROLYN MAULDIN (NANCY D BRUSS
- - MOTHER
13c. MAILING ADDRESS - -- _ - - -- -
14. DECEDANTS EDUCATION - - -- - -- -- _--
1710 OLD DALLAS ROAD, MARIETTA, GEORGIA 30064 _ 'HIGH SCHOOL GRADUATE OR GED COMPLETED
75. ORIGIN OF DECEDENT (tte6an, Mex..F-ranch, F_nglish, etc.) 16.DECEDENTS RACE -- ~- - --- --
(Whtte, 81adr. Amax, MW"an, etc.) (Speddy)
NO, NOT SPANISWHISPANICMTINO WHITE
17a. IF DEATH OCCURRED IN HOSPITAL - - - - - --
17b. IF DEATH OCCURRED OTHER THAN HOSPITAL (Indicate DOA. OPiEMER., Rm .Inpatient) (Speedy)
DECEDENT'S HOME
18. HOSPITAL OR OTHER INSTITUTION NAME(l/notmedher. rvastreetandNO.
9~ 1 19. CITY. TOWN or LOCATION OF DEATH 20. COUNTY OF DEATH
10 LAKESIDE TRAIL COVINGTON, GEORGIA 30016 COVINGTON
- _ __ _ NEWTON
21. METHOD OF DISPOSITION (Speciry) 22. PLACE OF DISPOSITION 23. DISPOSITION DATE: (Mo.. Day, Yeah
CREMATION WEST CO86 FH AND CREMATORY MARIETTA, GEORGIA 30064 COBB 0 410 6/2 01 1
24a. EMBALMER'S NAME __ - _ - - - - _ _-
24b. EMBALMER LICENSE NO- - -- -- -- -
25. FUNERAL HOME NAME
DAVID MCLEROY - - 4089 W COBB FUNL HM 8 CREM INC
25a FUNERAL HOME ADDRESS _
MARIETTA, GEORGIA 30064
26a. SIGNATURE OF FUNERAL DIRECTOR 26b. FUN. DIR. LICENSE NO.
/S/ CHRIS MESSINA ~~
27. DATE PRONOUNCED DEAD (MO., Day. Yeah ---- _ - - - - - -
28. HOUR PRONOUNCED DEAD _ -
03/17@011 _- 06:55 PM
29a. PRONOUNCER'S NAME 29b LICENSE NUMBER 29c. DATE SIGNED
THOMAS EDAVIS - - _ 9180319 03/17/2011
30. TIME OF DEATH 31. WAS CASE REFERRED TO MEDICAL EXAMINER - - -- _ --
06:55 PM YES
32. Part I. Enter me chair of events-diseases, injuries, or comp{ieations that direGly wusetl the tleath. DO NOT enter terminal events such as cardiac arrest, -- - "- ---- ---
respiratory arrest, or verdicular (dlrillation wdhout showing the etiology. DO NOT ABBRVIATE. Approximate interval between onset and death
IMMEDIATE CAUSE (Final A. CARDIAC DYSRHYTHMIA ASSOCIATED WITH LEFT VENTRICULAR MYOCARDIAL FIBROSIS UNKNOWN
disease or condition resulting in _ - -_ - -- - - _ __. _ __
--
Due to, or as a consequence of - -- - "- --
death)
B
Due to, or as a consequence of - _ - - - -- - -- -- -. - _..
C
Due to, or as a consequence of - - - _ - -- - _.
D.
Pan II. Emer signifxant wntlitions contributing to death but not related to rouse - - ~ _ - --
33. WAS AUTOPSY PERFORMED - -- __ --
given in Pan tA. (I//emab, indicate it pregnant or birth occurred within 9o days ordeath J ~ 34. WERE AUTOPSY FINDINGS AVAILABLE TO
YES COMPLETE THE CAUSE OF DEATH?
_ - _ _ YES
35. TOBACCO USE CONTRIBUTED TO DEATH 36. IF FEMALE - - - --
37. ACCIDENT, SUICIDE, HOMICIDE. UNDERTERMINED (Sperry)
UNKNOWN NOT APPLICABLE NATURAL
38. DATE OF INJURY (Mo., Day, year) 39. TIME OF INJURY 40. PLACE OF INJURY (Home, Farm, Street. F _ --
aetory, OWce, Etc.) (Speery) 41. INJURY AT WORK? (Yes or NO)
42.LOCATION OF INJURY (Street, Apartment Number, City or Tow;7, State, Zip, County) - - -
43. DESCRIBE HOW INJURY OCCURRED --
44. IF TRANSPORTATION INJURY
45. To tl7e best of my knowledge death occur2d at ttie time, data and place and due
46. On the basis of examination and/or investigation, in my opinion death occurred at the time, date and
to the cause(s) stated. Medical Certfier (Name, Ti(k:, License Nc.) - ;lace and due to the cause(s) stated. Medical Examiner/Coroner (Name, Title, License No.)
_ ~ /S! THOMAS E DAVIS CORONER 9180319
45a. DATE SIGNED (Mo.. Day. Year) 45b. !-:OUR OF DEATR Mia DATE SIGNED (Mo., Day Year) _ _ -
46b. HOUR OF DEATH
- 10/28!2071 06:55 PM
47. NAME, ADDRESS, AND ZIP CODE OF PERSGN COMPCE i iriG~^.PI I ~ -
- - -
_SE OF DEATH _ - -
THOMAS E DAVIS 7124 CLARK STREET. COVtNGTON. GEORGIA 3b01a
--- -- -
48. REGISTRAR _ ... - ' .. - - - - - --
49. DATE FILED -REGISTRAR (MO., Day Yeary -" --
(Signazure) /S! Deborah C. Aderhold -
1 1 /1 71201 1
Form 3903 (Rev. 11/2008), GEORGIA DEPARTMENT OF HUMAN RESOURf:FS
u0 rvU I FOLD THIS CERTIFICATE
--_.
t
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that
false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification to authorities.
Date: (~ ~ (~~
,~--
C~ <33~
Donna R. Weiss