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HomeMy WebLinkAbout05-4614 SHANNON NICOLE HILT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYL VANIA I.)y NO. 05- ..J CIVIL TERM vs. ARTHUR KEENER, Defendant IN CUSTODY COMPLAINT FOR CUSTODY Petitioner, Shannon Nicole Hilt, by and through her counsel, Grace E. D'Alo of MidPenn Legal Services, states the following: I. Petitioner, hereinafter referred to as the mother, resides at 899 Old Silver Spring Road, Mechanicsburg, Cumberland County, P A, 17013. 2. The above Defendant currently resides at 424 Springhead Drive, Lawrenceville, Georgia. 3. Mother and Defendant are the natural parents of: a. Hannah born August 31, 2001, and; b. Malachi, born January 19, 2004. 4. Mother and Defendant were never married. 5. The children have lived with the parties at the following addresses for the time specified: a. From her birth until February 2002, Hannah lived with Mother at 908 Budby Court, West Columbia, South Carolina; b. From February 2002 to July 2002, Hannah lived with her mother in a shared townhouse at 865 St. Andrews Circle, Rantoul, Illinois. c. From July 2002 to January 2003 Hannah lived with her mother at 1517 Woodstream Drive, Columbia, South Carolina; d. From January 2003 through March 2004, Hannah and Malachi lived with Mother, with sporadic visits from Defendant, at C-1476 Passey Lane, Lancaster, Pennsylvania; e. From March 2004 until June 2004, Hannah and Malachi lived with Mother and Father at 907 Old Silverspring Road, Mechanicsburg, Pennsylvania; f. Prom June 2004 until March 200S, Hannah and Malachi lived with Mother at 899 Old Silverspring Road, Mechanicsburg, Pennsylvania; g. From March 200S to July 2005, Hannah and Malachi lived with their paternal grandmother, Gloria Mae Keener, at 209 Denton Avenue, Chester, South Carolina; h. From mid-July 2005 through the present, Hannah and Malachi live with Defendant and his mother, Gloria Mae Keener, at 424 Springhead Drive, Lawrenceville, Georgia. 6. The Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. The Defendant took the children to his mother's house in South Carolina with the express understanding of Mother that he would return the children at the end of the summer; b. When Mother went to Georgia early in August of 200S to pick up the children, Defendant refused to allow her to leave with the children, choked, shoved and bruised Mother in front of the children. Not being able to leave and seeing their mother physically injured caused the children severe emotional distress; c. The Defendant refuses to provide Mother with information as to whether the children are receiving the care that is necessary and appropriate for them; d. Up until March of 2005, Defendant was a stranger to his children and only minimally involved in their lives. By assaulting Mother in children's presence, Defendant has traumatized the children and by not allowing Mother further contact he continues to traumatize the children; e. Mother has tried to talk to Defendant by telephone but he will not give her information about the children's health, education or welfare nor will he give her any information about his future plans with respect to custody; f. Mother believes that Defendant is not aware of the children's vaccination and health needs; g. Mother believes that Defendant does not provide the children with appropriate sleeping arrangements; h. Throughout their relationship, Defendant has not been present in the children's lives. When Defendant refused to allow the children to return with Mother to Pennsylvania, both children were extremely upset, crying, begging the Defendant to let them go. Mother fears the children are living in isolation and fear. 7. Mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. The 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 provided for the daily needs of the child and is the person most capable of caring for them; c. Mother can best facilitate and maintain any contact between the child and the Defendant. 8. Mother requests that the Court grant primary physical and legal custody of the child to her and grant the defendant supervised visitation with the child. 9. Without this Court's intervention, children are at risk of being once again separated from their mother. 10. Mother is not aware that Defendant has legal counsel and, therefore, cannot attempt to contact herfhim to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. Defendant is ordered to immediately return the child to Mother; b. That the Court order the police to facilitate the transfer of custody pursuant to the Court Order. c. Shannon Nicole Hilt shall have primary legal and physical custody of the children. d. The custodial rights of Defendant shall be limited to visitation as ordered by this Court or agreed to by the parties; e. Defendant is prohibited from removing the children from Pennsylvania except as provided by this Court's custody order; f. Any other relief this court deems just and proper. tfully submitted, \ SHANNON NICOLE HILT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA YS. No. 05- CWIL TERM O~ / L({, (if ARTHUR KEENER, Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Shannon Nicole Hilt, Plaintiff, to proceed in forma pauperis. I, Grace E. D' Ala, 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 free legal services to the party. G aceD'Alo sica Diamondstone Geoffrey Biringer Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 r-' c:? C.:> .:...rl C) -n ~ (/) C': -v 1"'1 -J c:l c.) I=> o SHANNON NICOLE HILT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYL VANIA w~I'f No. 05- CIVIL TERM VS. ARTHUR KEENER, Defendant IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Grace E. D' Alo, do hereby swear that I served ARTHUR KEENER with a Petition for Special Relief on September 7, 2005, by certified mail, return receipt, restricted delivery, to the person and address below: Arthur Keener 414 Springhead Drive Lawrenceville, GA 30045 I, Grace E. D' Alo, 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. Date:~\i .7-QC; / \ UULf ' Signatur : VERIFICATION The above-named plaintiff, shannon Nicole Hilt, verifies that the statements made in the attached 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. S4904, relating to unsworn falsification to authorities. Date: '1-I-a>,,> //.. snannon Nicole //'7/J/ Hilt ~ ..'(~ \-~ ~ r>! ~>,:. ~2:' \ .-l f..!: n C? - SHANNON NICOLE HILT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4614 CIVIL ACTION LAW ARTHUR KEENER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 13, 2005 , upon consideration of the attached Complaint. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 13, 2005 , the conciliator, at 10,30 AM it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. 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 I'lr 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/ Hubert X. Gilroy, Esq. Custody Conciliator y 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 A TTORNEY 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 17013 Telephone (717) 249-3166 - p ~.~ ~~~l '.ht~~ '5 X ? :? .nr: ~v"-M ,\ :' (."t,n,f,II ~ ,,\ ,', - "jt :\".J ',', II f'o- /;/. /J J'o-h/.f J(J.17/p } , R E C E \ V E 0 C"" 1 7 iron, tJiJ .. SHANNON NICOLE HILT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ARTHUR KEENER, Defendant NO. 05-4614 IN CUSTODY COURT ORDER AND NOW, this 16 day of October, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Shannon Nicole Hilt, and the father, Arthur Keener, shall enjoy shared legal custody of Hannah N. Keener, born August 31, 2001 and Malachi T. Keener, born January 19, 2004. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children at such times and under such circumstances as agreed to by the parties. 4. In the event the father is not satisfied with the amount of temporary custody afforded to him or in the event that father desires to modify this Order and seek primary custody of the minor children, father may petition the Court to have the case again scheduled with the Custody Conciliator. If father retains legal counsel in Pennsylvania on this matter, father's attorney may contact the Conciliator and counsel for the mother directly via telephone to conduct a telephone conference in lieu of a formal Custody Conciliation. 5. Counsel for the mother shall serve a copy of this Order and the accompanying Report on the father by7ai ..... e same to father at his last known address. :' BY THE C t, , ' ccc)Hace D' Alo, Esquire ~hur Keener ~ j' /;/ ~u~~L- ~ . ~-r:9 \0 ~..- (--;.-: CX', ',~.J \ - 1.1_ (~~'t "':;:.' ~>~.: . SHANNON NICOLE HILT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LA W ARTHUR KEENER, Defendant NO. 05-4614 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Hannah N. Keener, born August 31, 2001 and Malachi T. Keener, born January 19, 2004. 2. A Conciliation Conference was held on October 13, 2005, with the following individuals in attendance: The mother, Shannon Nicole Hilt, with her counsel, Grace D' Alo, Esquire, and the father did not appear. Counsel for the mother indicated that notice of the Conciliation was sent to father via certified mail. However, there is no return receipt fIled. 3. Father is living in Georgia. Mother is living in Cumberland County. The two children are currently with the mother. They were with the father over the summer months from March, but mother recently got the children from the paternal grandmother and other relatives in South Carolina. Prior to March, the children were with the mother. 4. Mother indicates that the father has made no effort to contact the children since she has had custody of the children since September 3, 2005. 5. The Conciliator recommends an Order in the form as attached. ~ / () _ (7 - () J DATE a/k!h Hubert X. Gilroy, Esquire Custody Conciliator