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HomeMy WebLinkAbout02-0804STEVEN GREENFIELD Plaintiff VS KELLY HAMILTON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. _. :NO. ._ ._ : CIVIL ACTION - LAW : IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: COMPLAINT FOR CUSTODY 1. The Plaintiff is Steven Greenfield, residing at 900 N. 18th Street, Harrisburg, Dauphin County, Pennsylvania, 17103. 2. The Defendant is Kelly Hamilton, last know address was 15 S. 30th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The Plaintiff seeks custody of the following children Name: Steven Greenfield and Alyssa Greenfield Present Residence: 15 S. 30th Street, Camp Hill, PA Age: 13 Months The children were bom out of wedlock. The children are presently in the custody of Kelly Hamilton, Mother/Defendant. During the past 13 months, the children have resided with the following persons and at the following address: Name: Address: Dates: Kelly Hamitlon 15 S. 30th Street, Camp Hill, Pennsylvania 12/22/2000 until present The Mother of the children is Kelly Hamilton, currently residing at 15 S. 30th Street, Camp Hill, Pennsylvania. She is single. The Father oftbe children is Steven Greenfield, currently residing at 900 N. 18th Street, Harrisburg, Pennsylvania. He is single. 4. The relationship of the Plaintiff to the children is that of Father. ThePlaintiff currently resides with the following: Name: Anna L. Light Relationship: Fiance 5. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following: Name: Relationship: Boyfriend and three other children 6. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning custody of the child in this or another court. The Court, term and number, and its relationship to this action is: N/A Plaintiff has no infmmation of a custody proceeding concerning the child pending in a court of this Commonwealth or any other State. The Court, term and number, and its relationship to this action is: N/A 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 or visitation rights with respect to the child. The name and address of such person is: N/A 7. The best interest and permanent welfare of the Children will be served by granting the relief requested because it will be in the best interest and permanent welfare of the children. 8. 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. All other persons, named below, who are known to have or claim a fight to custody or visitation of the Child will be given notice of the pendency of this action and the right to intervene: Name: N/A Address: Basis of Claim: WHEREFORE, the Plaintiff, Steven Greenfield, respectfully requests this Honorable Court grant custody of the children, Steven Greenfield and Alyssa Greenfield. Respectfully submitted, Bryan S. Walk, Esquire Attorney at Law 108-112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 I.D. No. 63881 Attorney for Plaintiff VERIFICATION The undersigned verifies that the statements made in the foregoing Petition are true and correct. I understand that false s, tatements herein are made subject to the penalties at 18 Pa.C.S. A., ~;4904 relating to Unsworn Falsification to Authorities. DATE: I Plaintiff STEVEN GREENFIELD PLAINTIFF V. KELLY HAMILTON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-804 CIVIL ACTION LAW 1N CUSTODY : ORDER OF COURT AND NOW, Thursday, February 14, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Tuesday, March 12, 2002 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort 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/ Dawn S. Sunday. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 STEVEN GREENFIELD Plaintiff VS KELLY HAMILTON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN CUSTODY TO THE HONORABLE, JUDGES OF SAID COURT: PETITION FOR EMERGENCY RELIEF AND NOW, this 14th day of February 2002, comes the Plaintiff by and through his counsel Bryan S. Walk, Esquire, and petitions this Honorable Court to grant his Emergency Petition for Temporary Custody and in support thereof avers the following: 1. The Plaintiffis Steven Greenfield residing at 900 N. 18th Street, Harrisburg, Pennsylvania, 17103. (hereinafter "Father"). 2. The Defendant is Kelly Hamitlon at, last know address, 15 S. 30th Street, Camp Hill, Pennsylvania, 17011. (hereinafter "Mother"). 3. The parties were never married, however, they are the parents of two minor children, twins, Steven Greenfield and Alyssa Greenfield, whose date of birth is December 22, 2000. 4. Father has filed a Complaint for Custody simultaneously with the filing of the within Petition. (See Exhibit A, attached) 5. Father is presently employed at Rite Aid Corporation. Mother is presently unemployed. 6. Until several weeks ago, the Mother and the children resided at 15 South 30th Street, Camp Hill along with at least three (3) other children and the Mother's boyfriend. 7. It has recently come to the Father's attention that the Mother has been evicted from her home in Camp Hill and is currently living in a motel room with her 5 children and boyfriend. 8. Undersigned Counsel has spoken with York County Children and Youth worker, Kathy Lyman, who has indicated they have made repeated visits to this motel where these (5) five children are being housed along with the Mother and the Mother's boyfriend, They have raised some serious concerns regarding the care of these children. 9. York County Children and Youth County have said the motel room in which these Children are living does not have any refrigeration units to keep food items cold and only a microwave to cook food. The chilren are "crammed" into the room and the children of the Father are sleeping in the same in mini crib. Children and Youth also expressed concern that the children are not being properly cared for however, they are not able to unilaterally remove the children from that situation, but have advised the Father to file an Emergency Petition for Custody. 10. The Mother has not been providing medical treatment for the child who has a medical condition. The child is required to have physical therapy and therapy sessions were set up through Cumberland County Children and Youth, but this is not occuring. 11. The Father has a stable home environment in the city of Harrisburg in which he can care for these children. He resides there with this fiance, Anna Light. 12. The Father is concerned that he is not allowed to visit with his children nor is he able to personally check on the conditions of his children but can only rely on what Children and Youth have advised him to do and what information they and other people have shared with him. 13. Based on all of these issues and concerns, Father believes that the children's best interest will be served by granting him temporary primary custody pending a full hearing in this matter, due to the fact the children do not have a stable home environment and have been living in a motel for several weeks along with three other children and two adults. 14. It is believed and therefore averred that the Father has some grave concerns about the children's continued health and welfare if they continue to reside in the current situation. Wherefore, the Plaintiff/Father, Steven Greenfield, requests this Honorable Court grant his Petition for Emergency Custody and award temporary primary physical custody of the two children, Steven Greenfield and Alyssa Greenfiend, date of birth, December 22, 2000 to the Plaintiff/Father pending a formal custody hearing on this matter. Respectfully Submitted, Bryan S. Walk Attorney ID No. 63881 108-112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 Counsel for Plaintiff STEVEN GREENFIELD Plaintiff VS KELLY HAMILTON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of February, 2002, upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before Esquire, the conciliator, at Cumberland County, Pennsylvania, on the day of ,2002, at __ A.M./P.M., for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve thc 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 be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FORTHECOURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 STEVEN GREENFIELD Plaintiff VS KELLY HAMILTON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: COMPLAINT FOR CUSTODY 1. The Plaintiff is Steven Greenfield, residing at 900 N. 18th Street, Harrisburg, Dauphin County, Pennsylvania, 17103. 2. The Defendant is Kelly Hamilton, last know address was 15 S. 30th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The Plaintiff seeks custody of the following children Name: Present Residence: Age: Steven Greenfield and Alyssa Greenfield 15 S. 30th Street, Camp Hill, PA 13 Months The children were bom out of wedlock. The children are presently in the custody of Kelly Hamilton, Mother/Defendant. During the past 13 months, the children have resided with the following persons and at the following address: Nallle~ Address: ' Dates: Kelly Hamitlon 15 S. 30th Street, Camp Hill, Pennsylvania 12/22/2000 until present The Mother of the children is Kelly Hamilton, currently residing at 15 S. 30th Street, Camp Hill, Pennsylvania. She is single. The Father of the children is Steven Greenfield, currently residing at 900 N. 18th Street, Harrisburg, Pennsylvania. He is single. 4. The relationship of the Plaintiff to the children is that of Father. currently resides with the following: Name: Anna L. Light Relationship: Fiance ThePlaintiff 5. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following: Name: Relationship: Boyfriend and three other children 6. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning custody of the child in this or another court. The Court, term and number, and its relationship to this action is: N/A Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other State. The Court, term and number, and its relationship to this action is: N/A Plaintiff does not know ora 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 child. The name and address of such person is: N/A 7. The best interest and pemaanent welfare of the Children will be served by granting the relief requested because it will be in the best interest and permanent welfare of the children. 8. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the Child will be given notice of the pendency of this action and the right to intervene: Name: N/A Address: Basis of Claim: WHEREFORE, the Plaimiff, Steven Greenfield, respectfully requests this Honorable Court grant custody of the children, Steven Greenfield and Alyssa Greenfield. Respectfully submitted, / Bryan S. Walk, Esquire Attorney at Law 108-112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 I.D. No. 63881 Attorney for Plaintiff VERIFICATION. The undersigned verifies that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S. A., ~54904 relating to Unsxvorn Falsification to Authorities. DATE: Plaintiff STEVEN GREENFIELD Plaintiff VS KELLY HAMILTON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on the ,/¥7c~L Day of February 2002, A copy of the Emergency Custody Petition was served by certified mail, return receipt requested, addressee copy of Plaintiff's Petition for Emergency Custody upon the person named below at the last known address, in accordance with the applicable Rules of Procedure, addressed as follows: Kelly Hamilton 15 S. 30th Street Camp Hill, PA 17011 Attorney ID No. 63881 112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 Counsel for Plaintiff VERIFICATION The undersigned verifies that the statements made in the foregoing Petition are true and correct. I understand that false s. tatements herein are made subject to the penalties at 18 Pa.C.S. A., ~4904 relating to Unsworn Falsification to Authorities. Plaintiff STEVEN GREENFIELD, Plaintiff KELLY HAMILTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-0804 CIVIL TERM /] ORDER OF COURT AND NOW, this &~ [hday of February, 2002, after consideration of Plaintiff's proposed "Order to Dismiss," Plaintiff's Complaint for Custody and Plaintiff's Emergency Petition for Special Relief are hereby dismissed. ,B/ryan S. Walk, Esq. 108-112 Walnut Street Harrisburg, PA 17101 Attorney for Plaintiff /Kelly Hamilton c/o Motel 6 200 Commerce Drive New Cumberland, PA 17070 Defendant ,/~awn S. Sunday, Esq. Custody Conciliator BY THE COURT, Wesley Oler~.jJ. STEVEN GREENFIELD, Plaintiff VS. KELLY HAMILTON, Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-804 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 6TM day of March, 2002, in accordance with the Court Order dated February 28, 2002 dismissing Plaintiff's Complaint for Custody, the Conciliator hereby relinquishes jurisdiction in this case. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator