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HomeMy WebLinkAbout06-2034 WILLIAM E. ADAMS, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA NO. OL - .;202Y C i U l L Y'Tfl.-'L CIVIL ACTION - LAW CUSTODY RACHEL LIMAS. Defendant COMPLAINT FOR CUSTODY I. Plaintiff is William E Adams, residing at 3603 Kent Drive, Mechanicsburg, Cumberland County, PA 17050. 2. Defendant is Rachel Limas, residing at 1652 Cedar Cliff Drive, Camp Hill, Cumberland County, PA 17011. 3. Plaintiff seeks shared legal and shared physical custody of the following child: Name Present Address Date-of- Birth Indiana Ryan Limas 1652 Cedar Cliff Drive Camp Hill, PA 17011 January 29, 1997 4. The child was bom out of wedlock. The child is presently in the custody of Defendant Rachel Limas, residing at 1652 Cedar Cliff Drive, Camp Hill, Cumberland County, PA 17011. 5. During the past five (5) years, the child has resided with the following persons the following address(es): Name Address Dates Rachel Limas, Mother 1652 Cedar Cliff Drive Camp Hill, P A 170 II January 29, 1997 to present Mrs. Limas grandmother 1652 Cedar Cliff Drive Camp Hill, PA 17011 Great Uncle 1652 Cedar Cliff Drive Camp Hill, PA 17011 6. The mother of the child is currently residing at 1652 Cedar Cliff Drive, Camp Hill, Cumberland County, P A, 17011. She is single. 7. The father of the child is currently residing at 3603 Kent Drive, Mechanicsburg, Cumberland County, P A 17050. He is single. 8. The relationship of Plaintiff to the child is that of Natural Father. Plaintiff currently resides with the following person(s); Name Relationship Gladys McNemer Fiance 9. The relationship of Defendant to the children is that of Natural Mother. Defendant currently resides with the following person(s):. Name Indiana R. Limas Mrs. Limas Relationship Child Child's Grandmother Gentleman Child's great Uncle 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other 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 ofthe child or claims to have custody or 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 it is important that Plaintiff Father and the child continue to have substantial contact so the father can playa meaningful role in his life and provide him with structure and nurture him to adulthood. a. Defendant recently informed Plaintiff that she will no longer permit him to have any contact with the child which is clearly contrary to the best interest and permanent welfare of the child. 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 to grant him shared legal and shared physical custody of the child and immediately restore Plaintiffs regular contact with the child pending trial. Respectfully submitted, Date: 4--- 5.... 00 Jo Harrison C10ug E quire Attorney ID No.: 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for ~ VERIFICATION !, William E. Adams, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE:~I ~/ cA~ {Villiam E. Adams ;,Q. w -- -- ~ :At.. '-.J C> ~ \) - ~ -::t U \"' .--t:. F 1\ }0 ? G0 ( -f-- r '.---- " ' .'"~ c~': ...--.' <- WILLIAM E. ADAMS, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA ()/. -;;w) ;; L{ C I ,,:\ + a"- NO. VI RACHEL LIMAS. Defendant CIVIL ACTION - LAW CUSTODY PETITION FOR SPECIAL RELIEF AND REOUEST FOR EXPEDITIED CUSTODY CONCILIATION CONFERENCE AND NOW, this ~ay of April, comes the Petitioner Plaintiff William E. Adams, by and through his attorney Joanne Harrison Clough, Esquire and files this Petition for Special Relief and Request for Expedited Custody Conciliation Conference and in support thereof avers as follows: 1. Petitioner Plaintiff is William E Adams, residing at 3603 Kent Drive, Mechanicsburg, Cumberland County, PA 17050. 2. Respondent Defendant is Rachel Limas, residing at 1652 Cedar Cliff Drive, Camp Hill, Cumberland County, P A 170 II. 3. Petitioner Plaintiff is filing a Complaint for Custody seeking shared legal and shared physical custody of his son Indiana Ryan Limas, born on January 29, 1997 simultaneously with the filing of this Petition. 4. The child was born out of wedlock and has been residing with his mother, Respondent Defendant Rachel Limas, at 1652 Cedar Cliff Drive, Camp Hill, Cumberland County, PA 17011. 5. Petitioner Plaintiff father had been estranged from his son for a number of years and worked hard to reestablish his relationship with his son and in fact moved here from Virginia with his fiancee so he could see his son on a frequent and regular basis. 6. Commencing approximately one and a half years ago, Petitioner Plaintiff father traveled to Pennsylvania to see his son approximately once every month or so. 7. In December of2005 Petitioner father moved to Mechanicsburg, Pennsylvania with his fiancee to be near his son and started to have periods of partial custody with his son at least one time every 7 to 9 days. 8. For the past approximate six weeks Petitioner father has seen the child several times a week, and has taken him to or picked him up from his swim classes at the YMCA at least two times a week and pursuant to the verbal agreement of the parties. 9. Approximately two weeks ago, Respondent Defendant mother announced that she would no longer permit the child to see Petitioner Plaintiff because she was angry that Petitioner Plaintiff let the child see his mother who was in town visiting. 10. There is absolutely no legitimate reason why the minor child should not have contact with his paternal grandmother. II. It is clearly contrary to the best and permanent welfare of the minor child for Defendant mother to unilaterally and without any cause terminate Petitioner father's contact with his son. 12. Petitioner believes that it is imperative that his contact with his son be reestablish immediately pending a trial on his Complaint for Custody and requests and expedited Custody Conciliation Conference. 13. Respondent Defendant mother is denying Petitioner father any physical contact with his son and also denying him any contact by telephone. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because it is important that Plaintiff Father and the child reestablish contact immediately to avoid the child feeling estranged from his father again, and so Petition can continue to have substantial contact so he can playa meaningful role in his son's life. WHEREFORE, Petitioner Plaintiff requests the Court to immediately schedule a Custody Conciliation Conference and issue an Order immediately reestablishing his regular weekly contact with his son pending a full hearing on his Custody Complaint and direct Defendant mother to stop interfering with his periods of custody with his son, and grant whatever other relief this Court deems appropriate. Respectfully submitted, Date: Y ---- t::; "& PC Jo e Harrison Cloug Esq ire Attomey 10 No.: 36461 24 N. 320d Street Camp Hill, PA 17011 (717) 737-5890 Attorney for VERIFICATION I, William E. Adams, hereby verify and state that thb facts set forth in the foregoing I pleading are true and correct to the best of my information,lj:nowledge and belief. I understand that false statements herein are made supject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. i DATE:~ g~ q- ~illiami E. Adams IJ ~ 4::l. vt. t C> "- \] .-2- ,-, -..) \) S' 'Y0 - (;"", ~\ ~ - oq -- c:> ~ -..-, - ~I - -". :.~ L'" - (;57~\ WILLIAM E. ADAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW RACHEL LIMAS, Defendant NO. 06-2034 CIVIL TERM ORDER OF COURT AND NOW, this I7'h day of April, 2006, upon consideration of Plaintiffs Petition for Special Relief and Request for Expedited Custody Conciliation Conference, a hearing is scheduled for Thursday, May 4,2006, at 9:30 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J;~ J. esley Oler, vfu~ne Harrison Clough, Esq. 24 N. 32nd Street Camp Hill, P A 170 II Attorney for Plaintiff -{ ftachel Limas 1652 Cedar Cliff Drive Camp Hill, P A 17011 Defendant, pro Se :rc II .,. ,. , "..} I' ", Ll ') WILLIAM E. ADAMS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-2034 CIVIL ACTION LA W RACHEL LIMAS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, ___----Ihursday, April13, 2006_.._, 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, MechanicsburJk~i\_!?05S..___ ol1____.Iuesday, !\'lay 2.3.,)006..______. at 8:3~ AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot bc accomplishcd, 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 hearine;. FOR THE COURT. By: /s/ Dawn S. Sunday, Es~_-----V$\ Custody Conciliator Y' The Court of Co 111m on Pleas of Cumberland County is required by law to comply with the Americans with DisabiIitcs Act of 1990. For infonnation about accessiblc 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 4~r*r;: > fip Z; tf/'~'~ 4r6;7 ,. #p f!- rp'.pIt T~ih r<-'1<J fP i'. /',r"'" H,.; f7J n',:, ",-'" " \.'\ r ,", " l' ~_. -7J (j('.17 1<1 <Jt:r "'lv' ,11'/7 . "'. "~1 LUd(iAlu~ 1;; A9A""-' I P~~\ff In tbe Court of Common Pleas of Cumberland County, Pennsylvania vs. No. O(.,-"Z()~~ Civil.-W 'ZOb~ 1Z. k~ (((. -g . L\ '"'- Ir-I. 't>~~....:T\ y\~ ~~ (.U1 J....6f .f}J/y.Je.<. ClNTJA..JP:D 0M.o rw ~...~,p. ?If- ---t:< A-rJ.{,n 12.. l'Ilu.l\,l.. 1:,j -tl. -t:L... A-a dV -e ))PE~nA'" ,. , To Prothonotary JIJ' ~o ~ It)~~ v);/(fAl'L- L. ~v\'~ Attorney for w..:.1!iff J;.F'..,4Ulpt No. - _ Terro,19- 'IS. PRAECIPE 19_ Filed_ _' AttY. ~ f}. 5 o "'" -' ::;:-n \tIe. ::~J,t,-:-:, _,..c' \ ~ .~ <_C:t ~,,---"" ,.-'.- c.,L) ;:~,,,-c') :;:::\ :'--:0 "" '-R ..p - . . WILLIAM E. ADAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW RACHEL LIMAS, Defendant 06-2034 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of May, 2006, upon consideration of Plaintiff's Petition for Special Relief [and Request For Expedited Custody Conciliation Conference] with respect to the parties' child Indiana Ryan Limas (date of birth January 29, 1997), following a hearing held on May 4, 2006, and pending a custody conciliation conference and further order of Court, it is ordered and directed as follows: 1. Legal custody of the child shall be in Defendant, the mother. 2. Primary physical custody of the child shall be in Defendant the mother. 3. Temporary or partial physical custody of the child shall be in Plaintiff, the father, each Wednesday from 5:00 p.m. until the following Thursday"at 7:30 a.m., and from Friday at 5:00 p.m. until the following Saturday at 6:00 p.m. The child's (natural) paternal grandmother shall not participate in these temporary or partial physical custody periods. 4. Transportation for purposes of exchanges of custody shall be the responsibility of Plaintiff the father. Nothing herein is intended to preclude the parties from deviating from the custodial terms of this order by mutual agreement. ; VIN'f/\lASi'lN,3d A. L!\I"'C"~ .-) '~("fln'" ) ~I ~ /, '" ,'>~:-": ~1 v 9'1 :01 W\I S I A~I~ SOIlZ AtNI0NOH.LOUd 3H.i. .:10 3::l1:l:lCl-Cl3l1:J ~ . , ~oanne Harrison Clough, Esqui 24 N. 32nd Street Camp Hill, PA 17011 For the Plaintiff ~illiam L. Grubb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 For the Defendant pcb 1 By the Court, ~ r IV' ,. RECEIVED MAY 30m WILLIAM E. ADAMS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-2034 CIVIL ACTION LAW RACHEL LIMAS Defendant IN CUSTODY ORDER OF COURT AND NOW, this Is t- day of :r \..J.--.,l"_ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated May 4, 2006 shall continue in effect. 2. The parties shall engage in a course of therapeutic family counseling with Deborah Salem, LPC or other professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in developing sufficient communication and trust to enable them to effectively co-parent their Child. The parties shall also request that the counselor oversee and assist the Father in learning about the Child's special needs through consultation or other communication by the Father with the professionals working with the Child. The parties shall also request that the counselor coordinate with the Child's personal counselor in an effort to assist the parties in addressing issues relating to the Child's adjustment to the custody arrangements and the Child's special needs generally. The parties shall follow the recommendations ofthe counselor as to the advisability or timing of including other related adults in the counseling process, although the counseling shall involve only the parents initially. All costs of counseling which are not reimbursed through insurance coverage shall be shared equally between the parties. 3. The Father shall complete a course of parenting classes or in-home parenting instruction and provide confirmation thereofto the Mother through counsel. The Father shall ensure that his fiancee participates in the instruction as well, The Father shall select the parenting education provider and contact the provider within ten days of the date ofthis Order to initiate the services required by this provision. The Father shall be responsible for all costs associated with the parenting instruction. 4. The parties and counsel shall attend an additional custody conciliation conference in the office ofthe conciliator, Dawn S. Sunday, on Wednesday, July 19,2006 at 9:00 a.m. & <;( I-- a UJz :;;20 U:~ qC,J 6eL LWw- :::::!UJ L1-iE U- o " o t.n >, t.-; ..:~ ~~~ 00!j~ 0- N I :3 J u::> = = C--..t ~~~~ " (Q ;c:CL :5 () / ~ 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: 0'~e Harrison Clough, Esquire - Counsel for Father ./illiam L. Grubb, Esquire - Counsel for Mother \.0 DO ~o o ASHLEY DARNELL BRYSON, and minor child, Austin James Griffie, Plaintiffs IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 06-2041 CIVIL TERM KEVIN LEROY GRIFFIE, Defendant PROTECTION FROM ABUSE CIVIL ACTION - LAW IN RE: SENTENCING ORDER OF COURT AND NOW, this 1st day of June, 2006, the Defendant having presented himself for sentence and having waived a sentencing report, sentence of the Court is that he pay the costs of prosecution, undergo imprisonment in the Cumberland County Prison for not less than 6 days nor more than 6 months. Said sentence to run consecutive to any sentence he is currently serving. It appearing to the Court that he has already served his minimum sentence, he is paroled immediately on the condition he be and remain in good behavior and comply with all directions of his parole officer. At the request of the victim, the no contact provision In our prior removed. /f1atthew P. Smith, Esquire ._ rY\~'.\ Office of the District Attorney" UJJ F\(X)~ ~ichael Scherer, Esquire. ~.~ - For the Defnedant r~ Proh~tion '>. "~O,.Oll Victim Wi tnessj f'Y\(A,\ ~OC ()t OlP Box- - CCP- :mlc S E : /1 Htt 2- flnr gaOz ).,' lV-1C~"'~'" '." ""'IHl ::fC" >-<. 1'\'\ ;1-' . ,10 'C' ..., . J \..J -.. ".." '~""\,. W..,j .....4 30Id:!O-031/::1 WILLIAM E. ADAMS Plaintiff IN THE COURT OF CO CUMBERLAND COUNTY, PENNSYLVANIA CEIVED ~UG 2 II 2006 f v vs. 06-2034 CIVIL ACTION LAW RACHEL LIMAS Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ <>-k ' 2006, upon consideration of the attached Custody Conciliation Report, it is ~ered and directed as follows: 1. The parties agree that the Father will investigate the costs of obtaining a custody evaluation and detennine the feasibility of assuming the full amount of the evaluation expenses. In the event the Father initiates a custody evaluation for the purpose of obtaining independent professional recommendations concerning ongoing custody arrangements which will best meet the Child's needs, the Mother shall cooperate in participating in the evaluation and making the Child available for scheduled sessions. The Father shall be entitled to select the evaluator. 2. The parties shall cooperate in selecting a new counselor with whom to engage in therapeutic family counseling pursuant to paragraph 2 of the current Order of this Court dated June 1,2006. 3. The Mother shall provide the Father with infonnation concerning the Child's counseling session scheduled for August 28, 2006 to enable to Father to attend the appointment. 4. The Father shall promptly complete the parenting classes/ instruction required by paragraph 3 of the June 1, 2006. 5. In the event that a custody evaluation is perfonned, counsel for either party may contact the conciliator within 60 days of receipt of the written custody \fINW,\l},SNN3d }..lNrlW n~'!! F8VVm sz :OII~\I DC :lfW qUUZ AUI-<lO' "" .' (" , , ~H' :l0 O'\'. 1'~IJr~.Lv'rJa:::' 1 30IJ:'O{]Jl!:l recommendations to request the scheduling of an additional conciliation conference, if necessary. BY THE COURT, J. rDIo 01,':; WILLIAM E. ADAMS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-2034 CNIL ACTION LAW RACHEL LIMAS Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator subrnits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: CURRENTLY IN CUSTODY OF NAME DATE OF BIRTH Indiana Ryan Limas January 29, 1997 Mother 2. A custody conciliation conference was held on August 24, 2006, with the following individuals in attendance: The Father, William E. Adams with his counsel, Joanne Harrison Clough, Esquire, and the Mother, Rachel Limas, with her counsel, William L. Grubb, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~v.J+ ~~ 8-tY\11 Date (OJ~ Dawn S. Sunday, Esquire Custody Conciliator