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HomeMy WebLinkAbout05-0058 Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. O!;" - sP Cwil <-y~ : CIVIL ACTION - LAW : CUSTODY MICHELLE K. MOYER Plaintiff vs. DENNIS RIOS, COMPLAINT 1. The Plaintiff is Michelle K. Moyer who is currently residing at 1533 Main Street, Mechanicsburg, Cumberland County, PA 17055 and has been since November 2004. 2. The Defendant is Dennis Rios who resides at 3105 Oak Grove Road, North Little Rock, Arkansas 72118. 3. Plaintiff seeks primary physical custody of Andrew Phillip Howe who was born on May 30, 1988 and who currently resides at 1533 Main Street, Mechanicsburg, Cumberland County, PA 17055 and has been since October 31,2004.. 4. The child was born out of wedlock. 5. The child is presently in the custody of Plaintiff. 6. From April 2001 to October 2004, the minor child resided at 5101 East Twain Avenue, #131, Las Vegas, Nevada 89122 with Pammalla L. Howe, his mother, Patricia G. Howe, his aunt and Richard W. Howe, his uncle. From approximately 1993 to April 2001, the minor child lived with Pammalla L. Howe, Patricia G. Howe, Richard W. Howe and Helen J. Howe, the minor child's maternal grandmother at 3001 Cabana Drive, Lot G 350, Las Vegas, Nevada 89121. 7. The mother of the child is Pammalla L. Howe. She is deceased. The father of the child is Dennis Rios. It is believed he is divorced. Pammalla L. Howe and Dennis Rios were never married to each other. 8. The relationship of Plaintiff to the child is that of maternal aunt. The Plaintiff currently resides with Andrew P. Howe. 9. The relationship of Defendant to the child is that of father. 10. Plaintiff 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. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody of visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff is the individual best able to provide for the care of Andrew P. Howe and she has the consent of relevant family members to be the caretaker of Andrew P. Howe. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE. Plaintiff requests the Court grant her primary physical and primary legal custody of Andrew P. Howe, the minor child. YOFFE & YOFFE, P.C. BYj}' iI ~ .Il7 L--J j JiFF'RE'f N. Y~, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney 10 No. 52933 jyoffe@verizon.net vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. MICHELLE K. MOYER Plaintiff DENNIS RIOS Defendant : CIVIL ACTION - LAW : CUSTODY VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Dated: /fJ1t, flf/7f)7 D /----1 MI6AELLE K. MOYER I ""- ~ -..0 - o ~ )::J (J Ft-.7[ ~ ....... ....... ...... -..... ........ ~ -- 8 p:! Y- ~ '-. -'1-; \-. . ~ .' ,-,-.- . -, :.,...,...i_ -', j.>~; ~::j -<. Q .~ . . I . ...... 1'...;) r"'~ c-::> CJ"'1 C- :r---- :;;z I .s::- a " ~:n ,. \J JT1 259 -..r68 --'T, +.' :!J 'b qo ~jm --I ~iJ .< ;po. :-::: U1 MICHELLE K. MOYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-58 CIVIL ACTION LAW DENNIS RIOS IN CUSTODY DEFENDANT ANSWER AND MOTION TO mSMISS The Defendant, Dennis Rios, Answers this Complaint as follows: 1. Defendant admits Paragraphs 1,2,4,7, and 9 of the Complaint. 2. Defendant denies all other statements and allegations of the Complaint, specifically and generally those set out in Paragraphs 3, 5, 6, 8, 10, II, 12, \3 and 14. 3. Defendant also states he is the father of said child, has been paying child support under a lawful Court Order of the State of Nevada, which state has jurisdiction, (the case is Clark County, Case #R39675, Las Vegas Nevada,) over this child and is continuing to exercise jurisdiction over said child and Defendant. 4. !, Defendant, also state! am in good health, have ajob,! am capable oftaking care of my son, educating, loving and caring for him; that the Nevada Court has always given me visitation rights and parental rights and I welcome an investigation by Pennsylvania, Arkansas or Nevada as to my being a fit and proper dad for my son. WHEREFORE, Defendant asks this honorable Court to protect his rights as the father of this child, dismiss this Motion and Order, the child returned to defendant with the Nevada Court having continued supervision of said child. /r; ft D~C For Himself 3105 Oak Grove Road North Little Rock AR 72118 Phonle: (501) 541-3100 SUBSCRIBED and SWORN to before me, a Notary Public, on this ~ay of January, 2005. Ili~J~;:\ SA~hT~~~~~~ESE ~lf\GX\S, N\QVUtW I ~ \,~.,(,! My Commission Expires ~bhc I "~~~~r.~t".. Mav 19, 2009 My Commission Expires: o \l9J QD(t1 CERTIFICATE OF SERVICE 1, Dennis Rios, state I mailed a copy of my Answer and Motion to Mr. Jeffrey N. Y offe, Attorney at Law, 214 Senate Avenue, Suite 203, Camp Hill, PA 1701l. <~ De'nnis Rios ,..., ~ cJ' <-- .~-~ :;e l"-' U' Y' :;!l:. C) -fl :::;I t~~:P- _, h1 .-3~::,) >~'} 1.. 3~i\ ",,,"'1' \~.:!~ ~~\ ,", ':',:\ 'c\:5 -<: Cf! o <.fl RECEIVED APR 072005 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-58 CIVIL TERM MICHELLE K. MOYER, v. CIVIL ACTION - LAW DENNIS RIOS, IN CUSTODY Defendant BAYLEY, J. --- ORDER OF COURT AND NOW, this 1'2-- day of April, 2005, upon consideration of the attached Custody Conciliation Su~port, it is hereby ordered and directed as follows: 1. Leaal Custody. Michelle K. Moyer shall have legal custody of Andrew Phillip Howe, born May 30, 1988. As such, Ms. Moyer shall have the right to make decisions regarding the health, education and religious upbringing of the minor child. She shall also be permitted to enroll him in school and arrange for and authorize necessary medical care. 2. Physical Custody. Michelle K. Moyer shall have primary physical custody of Andrew Phillip Howe. Dennis Rios shall have partial custody and/or visitation as arranged by the mutual agreement of the parties. BY THE COl:lRT: :.'.1/.,/ //./ '! . i 'f?" , f /' Olst: 4ey N. Yaffe. Esquire. 214 Senate Avenue. Suite 203. Camp Hill. PA 17011 ~nnis Rios. 3105 Oak Grove Road, North little Rock. AR 72118 bf\{0~~. CY~ ....:--J /" , . .0-' DlIl'}. FILfD-c; ::U: OF THE P~':~~:fn-!C>:'r}! i\!?l Z005 APR 12 AH 10: I 4 ell> .. ~ q,',i \.,n,,_. . . RECEIVED APR 072005 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05.58 CIVIL TERM MICHELLE K. MOYER, v. CIVIL ACTION - LAW DENNIS RIOS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Andrew Phillip Howe May 30,1988 Maternal Aunt/Plaintiff 2. The Plaintiff/Maternal Aunt filed a Complaint seeking primary physical custody of the child on January 4, 2005. A Custody Conciliation Conference was held on February 21, 2005. Present for the conference were: the Maternal Aunt, Michelle K. Moyer, and her counsel, Jeffrey N. Yoffe, Esquire; the Father, Dennis Rios, participated pro se via speakerphone. The biological mother, Pammalla L. Howe, is deceased. 3. The Maternal Aunt's position on custodv is as follows: Ms. Moyer is the sister of the child's mother. She reports that her sister died in October, 2004, and that Andrew has lived with her since October 31, 2004 in Mechanicsburg, Pennsylvania. Prior to his mother's death, he had lived with her in Nevada all of his life. Andrew is 16 years of age and is presently repeating ninth grade. The Plaintiff wants to be able to put Andrew on her health insurance. She is presently employed full time at Mid Penn Oral Surgery as a surgical assistant. Ms. Moyer reports that there had been a previous Custody Order issued by a Nevada Court when the child was two (2) years old. It was her recollection that the Order required supervised visitation. She seeks primary physical custody of the child and primary legal custody. She will not object to contact between Father and the child, but points out that because there has been very limited contact over the last eight (8) years, that they will probably need a period of time to become reacquainted. . . , NO. 05-58 CIVIL TERM 4. Father's Dosition on custodv is as follows: Father called in to participate in the Conference by speakerphone approximately one (1) hour after the Conference began. Initially, he indicated that he wanted custody of the child but later determined that it would be acceptable to leave Andrew in the primary custody of his Aunt Michelle so that his return to school would not be disrupted. Father acknowledges that he has had very little contact with the child over the last eight (8) years. Father reports that he had no regular contact with the child prior to the move to Pennsylvania because there was no telephone in the home where Andrew lived. Father raised no objection to the transfer of jurisdiction from Nevada Courts to the Pennsylvania Courts. By use of the telephone conference, the Maternal Aunt, Father and child agreed that the parties would consider arrangements for the Father and the child to become reacquainted beginning with the Summer 2005. Father did not seek a specific schedule spelling out how that would be accomplished. The parties agreed that they would work out the details themselves. 5. Conciliator Meetina with the Child: The Conciliator met briefly with the child, who is 16 years old. Andrew reported that he dropped out of school in 2001 because of family economic pressures and because he needed to work in order to assist in the support of the family. He is presently enrolled in Cedar Cliff High School and is content to reside with his aunt He wants to stay in Pennsylvania. Andrew last recalls seeing his Father sometime in the Summers following third, fourth and fifth grade for periods of no longer than four (4) to five (5) days at a time. He also acknowledged that Father called him the evening before the Custody Conciliation Conference to see what Andrew's preferences were and they talked about the possibility of Andrew going to Arkansas to see him for a week in the Summer. He expressed a recognition that he is in a better situation with regard to parenting now and indicated his plan to finish high school. He is also pleased that the living arrangements with his Aunt Michelle are healthier than what he experienced with his aunt, uncle and mother in Nevada. 6. The Conciliator also notes that Nevada is likely to but has not yet declined to exercise jurisdiction under 23 PA. 9 5427 and that under 23 Pa. 9 5423(2) this Court may modify the Nevada order after making a finding that neither the child nor either of the child's parents remain in Nevada. The only custody Order in this matter was entered on January 10, 1990 Order of the Family Court Division of Clark County, Nevada. The Order granted the Mother primary physical custody of the child and ordered supelVised visitation for three (3) hours per week. This Order was docketed to Case No. 0-110952. Further, as the parties have reached an agreement and no objection has been raised to the jurisdiction of the Courts of the Commonwealth of Pennsylvania, the Conciliator recommends an Order in the form as attached. /"" +I(P/D~ , Date Ut /7c ( /1 i 1 r, r' UJ,2~ 1..//[ ~.?--l L....... ~/ Melissa Peel Greevy, Esquire Custody Conciliator