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HomeMy WebLinkAbout05-4651 RUTH NEWSWANGER and EDWARD NEWSWANGER, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. No. ~-l.!t-),7 Civil Term THOMASINA HARRELL, Defendant ACTIONM-mVORCE ORDER OF COURT AND NOW, this day of , 2005, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at , Pennsylvania, on , the day of ,2005, at o'clock .m. 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 five or older may be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent Order. Tbe court bereby directs tbe parties to furnisb any and all existing Protection from Abuse orders, Special Relief Orders, and Custody Orders to tbe conciliator 48 bours I>rior to scbeduled bearing. FOR THE COURT, By Custody Condliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our om,e. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must aUend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LA WYER 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 St. Carlisle, Pa. 17013 (717) 249-3166 RUTH NEWSWANGER and EDWARD NEWSWANGER, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05'- 4l,.5"/ Civil Term THOMASINA HARRELL, Defendant : ACTION IN DIVORCE CUSTODY COMPLAIN1[ 1. Plaintiffs are Ruth Newswanger and Edward Newswanger, who currently reside at 441 McCulloch Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Thomasina Harrell, who is currently incarcerated. Her address is N-123- 08, 60 EagleviIle Road, Norristown, Pennsylvania, 19403. 3. Defendant voluntarily entered into a custody agreement with Plaintiffs in 1996 regarding the following children. Plaintiffs have been the caretakers for and have been in loco parentis for the following children and seek custody of the following children: NAME DOB/AGE ADDRESS Jasmine Amber Harrell 12-16-94 44 I McCulloch Rd. Shippensburg, Pa. 17257. Janel Ann Harrell 12-16-94 441 McCulloch Rd. Shippensburg, Pa. 17257. Petitioners currently have primary physical custody of the children. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Ruth Newswanger Edward Newswanger 441 McCulloch Rd. Shippensburg, Pa. 17257. 1998 to present. The mother of the child is Thomasina Harrell, she is (:urrently incarcerated. Her address is 60 Eagleville Road, Norristown, Pennsylvania, 19403. Petitioners believe she is not married. The father the children is Ronald Blagman. He has not had any contact with the children since 1998. Petitioners believe he may be in the WiIliamspol1t area. 4. The relationship of Plaintiffs to the child is that of (:aregivers. The persons that the , Plaintiffs currently reside with are: the child, and their other foster children, Drew Anthony Creagh, age 2, Nahmair Ballard, age 3, and their natural child, Mabel Newswanger, age 21. 5. The relationship of defendant to the child is that ofJ\1other. 6. Plaintiffs have 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. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiffs do not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. In 1996 Mother signed a custody agreement granting rights to Plaintiffs which is attached as Exhibit A. Plaintiffs have been in loco parentis and the primary caretakers since this date. This agreement was ne'ver entered as an Order of Court. b. Mother is currently incarcerated and Father's whereabouts are unknown. Father has had no contact with the children since 1998. c. The children have lived with Plaintiffs for seven years and there is no prior court order. An order granting Plaintiffs custody of the children would be in the best interest of the child because it would provide stability and security for 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 has been named as parti,es to this action except as follows: Father has not been listed as a party as he has not had contact with the children for approximately seven years. Plaintiffs are requesting an order based on their long term in loco parentis status and the prior agreement. WHEREFORE, Plaintiffs request the court to grant custody of the children. Date: ~!5~5- e Adams, Esquire . No. 79465 South Pitt Street lisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFFS AGREEMENT AGREEMENT made this ;).3 day Of~ ' 1996 between THOMASINA HARRELL, now or li~te of 2831 North Hutchinson Philadelphia, Street, Philadelphia, Pennsylvania 19133, 2048 West Boston Street, Pennsylvania 19132, or State Correctional hereinafter referred to as "MOTHER" Institution of Muncy, Lycoming County, Pennsylvania, sometimes AND McCulloch Road, Shippensburg, Pennsylvania 17257, RUTH NEWSWANGER and EDWARD NEWSWAliIGER, her husband, of 441 sometimes hereinafter referred to as "NEWSWANGER." WHEREAS, Mother is unable to car'9 for the children, JASMINE subject to the terms and conditions he,reinafter set forth. NEWSWENGER to act as foster parents and custodians under and HARRELL and JANEL HARRELL, both age 18 months and wishes NOW, THEREFORE, the parties hereto, with the intention to be legally bound hereby and for good and valuable consideration, agree as follows: children at the present time. date of this agreement, as Mother is unable to care for the said legal custody for a period of at least six (6) months fr0m the 1. Mother hereby grants to NEWSWENGER full primary and 2. NEWSWENGER shall have full riqhts of custody, inclUding parental authority and guardianship to provide such things for the children as in the opinion of NEWSWENGE:R they may be needed. Initials ~ RAt ___ E'X+t1 ~ ITA- 3. Mother, on behalf of herself, her heirs and assigns, hereby indemnifies and holds NEWSWENI:;ER harmless from any and all claims and damages and agrees to defend any action against NEWSWENGER on account of the allege'd failure to care for said children or any injury they may receive during their time with NEWSWENGER. Such defense shall include attorney's fees, court costs and the like. 4. This agreement may from time to time, upon Mother reassuming possession, which she may do by notifying NEWSWENGER in writing, giving them ten (10) days' notice. 5. Should NEWSWENGER at any time in the future after having turned over custody to Mother resume possession of said children, this agreement shall be reinstated as if the same had been renegotiated, resigned and re-executEld, and in such event the rights and responsibilities set fort:h herein shall be fully applicable in the event of such ~eassumption of said children. 6. This agreement contains the entire agreement between the parties, and the parties hereto agree to be bound by the terms of this agreement, which shall not be amended except for document in writing. 7. This agreement shall be binding upon each of the parties hereto, their respective heirs, administrators, SUccessors and assigns. -2- IN WITNESS WHEREOF, each of the parties hereto have caused their respective hands and seals to be affixed to this agreement the day and year first above written. WITNESS: IJf~./t~AA~_ ~~~ m. ~A~P-L -3- ~~tAd~~~# Thomasina Harrell E~~~WS~~ M~ JV~~11~ ___ Ruth Newswanger (J - VERIFICATION I verifY that the statements made in this Complaint are true and Correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: S' -d c;- 0 j- Ru~~ Ruth Newswanger, Plaintiff Date: '8 ,-)....'1 -05 ~'IL n Edward NewswM~~ ~ '-- "" ~ ~ ....... \ 9J ~ ..c: ~ ---- - --- V) o ~ ~ ~ ~ ~ .y V\ (-) @7 r~~,) ~:~:; 0'l o --n -< 'T il1 ~'.~ 0'") -0 ,~ c:' \1,::; RUTH NEWSWANGER AND EDWARD NEWSWANGER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4651 CIVIL ACTION LA W THOMASINA HARRELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 13, 2005 , upon consideration of the attached Complaint, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 14, 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 for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Ahuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Hubert X. Gilrov. 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 HA VE 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 . -# ~'TI> ~ ~ k;p >>-h/'i _~ :f!- ~~ ~tL, /)(/'h/-f C>mtfll ~ -t'- ~ ~ Io/pA/ t7 ,,7 :\~ 'I ',\1 ".; . .?- ;' RECEIVED Crr 1 8 ZO~5 pl1 RUTH NEWSWANGER and EDWARD, NEWSWANGER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 05-4651 CIVIL ACTION - LAW VS. THOMASINA HARRELL, Defendant IN CUSTODY COURT ORDER AND NOW, this ---L:1 day of October, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Plaintiffs Ruth Newswanger and Edward Newswanger shall enjoy sole legal and primary physical custody of Jasmine Amber Harrell, born December 16, 1994, and Janel Ann Harrell, born December 16, 1994. 2. The Mother, Thomasina Harrell, shall enjoy periods of visitation with the minor children at such times and under such circumstances as agreed to by the parties. 3. In the event the Mother desires to have additional time with the children and an agreement cannot be reached by the parties, the Mother may file a petition with the Cumberland County Courts to have this case again scheduled for a conference with the Custody Conciliator. 4. Counsel for the Plaintiffs shall serve a copy of this notice and the attached Custody Conciliation Report on the Mother by sending it to her last known address./ BY THE COURT, .. /' ''-t-- /, ~~-, .-------- Judge Cc: ;:Jane Adams, Esquire ~- J \~~;" ;--,; ..'~ . t ---_' RUTH NEWSWANGER and EDWARD, NEWSWANGER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 05-4651 CIVIL ACTION - LAW vs. THOMASINA HARRELL, Defendant 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: Jasmine Amber Harrell, born December 16, 1994 Janel Ann Harrell, born December 16, 1994 2. A Conciliation Conference was held on October 14, 2005, with the following individuals in attendance: Ruth Newswanger and Edward Newswanger, with their counsel, Jane Adams, Esquire The Mother, Thomasina Harrell, did not appear. She is incarcerated in Norristown. Notice of the hearing was sent to her. Whereabouts of Father are unknown. The Plaintiffs have had custody of these two children since 1996 pursuant to a written custody agreement between the Plaintiffs and the Mother. Since that time, the Mother has had some contact, but primarily the children have been with Mr. and Mrs. Newswanger. 3. The Conciliator recommends an Order in the form as attached. Date: /()-((~ or RUTH NEWSWANGER and EDWARD NEWSWANGER, Plaintiffs, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 4651 Civil Term THOMASINA HARRELL, Defendant ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this October 27, 2005, I, Jane Adams, Esquire, hereby certify that on October 24,2005, a certified true copy of the CUSTODY ORDER AND CONCILIATION REPORT were served, via certified mail, restricted delivery, return receipt requested, addressed to: Thomasina Harrell Prison Inmate #N-123-08 60 EagleviIIe Rd. Norristown, Pa. 19403 DEFENDANT SENDER: COMPLETE THIS SECTION . . . . . . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature 1 D Agent o Addressee D. Is delivery address different from item 1? If YES, enter delivery address below: Iho~l~ ~ /'U. ~ ~~ 1"0...", -12.'-0 c..o~~ to ot.u~ ~ p~ \'1 If 0) 3. Service Type )2(Certffied Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise Dc.o.o. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from S8lVlce laOOO . PS Form 3811 , February 2004 7004 1350 0003 7288 4851 Domestic Return Receipt 102595-02-M-1540 Respectfully Submitted: /, e Adams, Esquirf' . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF f"'-"' ~ ., c: