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HomeMy WebLinkAbout06-2626 LENA S, HOOVER, and : IN THE COURT OF COMMON PLEAS HARVEY R. HOOVER, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V, : NO. O(,....,l,/, 2(.. CIVIL TERM GINA M, WEBB, : IN CUSTODY Defendant CUSTODY COMPLAINT 1, Plaintiffs are Lena S, Hoover and Harvey R. Hoover, who currently reside at 1335 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania, 17257, 2. Defendant is Gina M, Webb, who is currently incarcerated and has an address of RCF 8151 State Road, Philadelphia, Pa., 19136, 3. Plaintiffs are the caretakers of the following child and seek a custody Order regarding the following child: NAME DOB/AGE ADDRESS Alexis M. Webb September 30, 2005 7 months, 1335 Ritner Highway Shippensburg, Pa, 17257, Caretakers have had primary custody of the child since she was two days old. The child is currently seven (7) months old. Since the child's birth on September 30, 2005, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Lena and Harvey Hoover Ma..-tin Martin (nephew) David Hoover (son) Yadirah Shamsid-den (foster child) Destiny Huff (foster child) 1335 Ritner Highway Shippensburg, Pa, 17257 birth to present. The mother of the child is Gina M. Webb, The father of the child is unknown. " .' 4, The relationship of Plaintiffs to the child is: Caretaker, The Plaintiffs currently reside with their nephew and children: Marlin Martin, David Hoover, Yadirah Shamsid-den, and Destiny Huff. 5. The relationship of Defendant to the child is that of Mother. The Defendant is currently incarcerated in Philadelphia, 6. 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, Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, Plaintiff does 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: The child was placed with Plaintiffs on October 2. 2005 when she was two davs old pursuant to a voluntarY agreement sil!Iled bv Mother. A copv of that agreement is attached as Exhibit A. Since that time. Plaintiffs have been the primarY caretakers of the child and have provided for all her basic needs. Mother is incarcerated and her release date is uncertain, Fathers identifv and whereabouts are unknown. Plaintiffs are requesting a custody order granting them phvsical and legal custodv of the child, Thev believe this would be in the best interest of the child because it would ensure the child's stability and securitv, 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 parties to this action other than as follows: Father has not been named as a \)artv to this action because Mother has not identified Father, Plaintiffs have no knowledge of Father's identitv or address, WHEREFORE, Plaintiffs request that the court enter a custody Order regarding the child. Respectfully submitted Date:6, g-, ~ dams, Esquire , 79465 64 S th Pitt Street C sle, Pa, 17013 17) 245-8508 A TIORNEY FOR PLAINTIFF Ir'~'~"i" /1 _1l,1l:/,<iloS ".\" , { ::" . ~oi:0026S&8a .'..' 0., 'Cl\li11> ,'. 1/O~'r, IU\i . ;r~t:},_", -'.- '-':,'.' , < fc . .' ~0'~ :',.',,), lit. ' ~:} '. ".' 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' e?<me;~(JA ,. " - , , ~-" l' 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, ~4904 relating to unsworn falsification to authorities. Date: 5-~-()~ ~...D.m(l 1, \-\CMlt"A Lena S. Hoover, Plaintiff Date: 6"-"-(.,_0-10 ~~,~ Harvey R. Hoover, Plaintiff AJ ~ ....... ~ \' 6 () ~ 'l/j ~ ~ ~v ?:::: $ o ~ ..,....~:: ......,'r'-, IT' ~,',' ----->~ j ; , ~i;:::' ~ tE:' 'c ~ LENA S, HOOVER AND HARVEY R, HOOVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYL VANIA V, 06-2626 CIVIL ACTION LA W GINA M, WEBB DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 11, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cnmberland County Courthouse, Carlisle on Tuesday, June 13,2006 at 10:30 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 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 hearinl!. FOR THE COURT, By: Isl {acqueline M. Verney, 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 Counry Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~ d.........A~' ~ ~~,/ ~ 71 f . 'm~"(f - (/ 'J~'J/'~7 . ~ ",?'~"I ~ ?~'_>/:/l ~.y ?- ~">Ot# ~ -J??} ,?rJ'5/:5 \fIN'1I\lASN~~3d "NnC"n ,'J[-.:','T,:-:qlJ\'n" ^-1. .''-.' __" '....--t...,~, V I E: :f; Wd S I A VW 900l AW10NOH10Qd 3Hl ::10 3813:1o-0311:J LENA S, HOOVER, and HARVEY R, HOOVER, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V, : NO, 06 - 2626 CIVIL TERM GINA M. WEBB, : IN CUSTODY Defendant AFFIDAVIT OF SERVICE AND NOW, this May 18,2006, I, Jane Adams, Esquire, hereby certify that on May 11,2006, a certified true copy of the CUSTODY COMPLAINT was served, via certified mail, return receipt requested, addressed to: Gina Webb RCF 8151 State Road Philadelphia, Pa. 19136 DEFENDANT .. CQmplele items 1, 2, and 3, A1so complete Item 4 n Restricrted Delivery Is desired. . . plfnt your name and address on the ISV_ 00 that we can retum the card to you. . Attach this card to the back of the mallplece, or on the front If space permits, 1, Article AddAlOllOd to: GIN~ WBBR ReF 3151 STATE ~D PEI~ADE~PBIA PA 19136 x o Agent D_ C,OateofDellwty O,lsdellwry__fromllem1? 0 Yes If YES, enter de>>vety addresa below: ~o 2, Artl 3. Service 1Ype .,D CertIfIed Mall 0 Express Mall '"C'"Roglstorod 0 Return Receipt for Merof1and,.. o InllUlW:l Mall 0 C,Q,Q, 4, R_ DoIIvwy'l (Extr8 Foe) [J Yes 7004 1350 0003 7288 4554 DomestIc Return Receipt ULJI! D2-M 1540 ~ 0 '" ~ = c = <'" "" -0 oj :z ~-n ,,"r'; :t;~~ ~/ ' -< m- r- (,., ;g~ ::,~ CO 01 I~,::: :,;':!---fi . " ;;-"""j :,.:;:-: !'~; ::!k: .~~O ;;:. C'"~' om ~ '" ~ ..,- '< .. ... \~\J~N ~5~~006,J 0/ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA LENA S. HOOVER and HARVEY R. HOOVER, Plaintiffs V. : NO. 2006-2626 CIVIL ACTION - LAW GINA M. WEBB, Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ~day of ~... -<\ ' _ ,2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Plaintiffs, Lena S. Hoover and Harvey R. Hoover and the Mother, Gina M. Webb, shall have shared legal custody of Alexis M. Webb, born September 30, 2005. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Plaintiffs shall have primary physical custody of the child. 3. Mother shall have periods of supervised visitation as agreed by the parties. 4. Mother reserves the right to withdraw said physical and legal custody at any time and/or upon her release from prison. 5. This Order is entered pursuant to 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: Jane Adams, Esquire, Counsel fo Gina M. Webb, pro se RCF 8151 State Road Philadelphia, P A 19136 J. laintiffs ) p.;./J.. " -{~~ Dfo JlS" ~: '-'-, 1'- U.J ~;; f€E: :,:~r- -;""~~~& :::,j .. . CC:c 1-- U- Cl ...::r ct') ~o ::::l -) '-"=' c:;...:} = -t-.J . . LENA S. HOOVER, and : IN THE COURT OF COMMON PLEAS HARVEY R. HOOVER, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA ..'~ V. : NO. CNIL TERM GINA M. WEBB, : IN CUSTODY Defendant STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this \ Y:daY of ~06, by and between GINA M. WEBB, (Hereinafter.referred to as "Mother"), of Philadelphia, Pennsylvania, and Petitioners, LENA S. HOOVER and HARVEY R. HOOVER, (Hereinafter referred to as "Caretakers"), of Shippensburg, Cumberland County, Pennsylvania; . WHEREAS, Mother is the natural parent of a minor child, namely, Alexis Marie Webb, date of birth, September 30,2005. WHEREAS, Mother and Caretakers have reached an agreement relative to the future care, custody, and visitation of the child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Caretakers desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County, Pennsylvania, and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Letal Custody. Mother is currently unable to take physical custody of the child, Alexis Marie Webb, due to being incarcerated. The whereabouts of father are unknown. Mother agrees that Caretakers, Lena S. Hoover and Harvey R. Hoover, shall share legal custody and as well as physical custody of the child. Mother agrees that such custody shall not be temporary. Mother agrees that this custody may extend indefinitely or permanently. Both parties understand that a custody order can be changed by mutual agreement, or petition and subsequent Order of court. Legal custody means the right to control and share in making of decisions of importance in the life of their children, including educational, medical, and religious decisions. Caretakers shall provide Mother with the child's school, medical, dental, and other important records upon her request. Caretakers will provide Mother at all times with their current telephone number and address. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Caretakers. Mother agrees that such custody shall not be temporary. Mother agrees that this custody may extend indefinitely or permanently. Both parties understand that a custody order can be changed by mutual agreement, or petition and subsequent Order of court. Mother is currently incarcerated in Philadelphia County, Pennsylvania. It is'hereby agreed and stipulated between the parties as follows: a. During her period of incarceration, Mother may request that Caretakers visit with the child, during permissible visiting hours. If Caretakers are able to reasonably provide such visit, taking into considerations such as such as health and age of the child, transportation arrangements and cost and Caretakers feel that such visit is in the best interest of the child, they will bring the child to the prison to visit with Mother. b. Once Mother is released, she may request a visit with the child at Caretakers' home, or a period of partial custody with the child at any residence at which she or a relative may reside. Caretakers will provide such visit if they feel satisfied that such a visit would be in the best interest of the child, and that Mother is able to adequately provide for the health, welfare, and safety of the child. The parties will make efforts to mutually agree on the exact terms of the visit once requested. Once a visit is arranged, Mother will provide a telephone number and address where the child would be staying during any visit or period of partial custody. The parties will cooperate in sharing transportation. c. If any party is not satisfied with the terms of this stipulation and agreement and subsequent order, they may petition the court for a modification of the Order. d; Under all circumstances, the parties shall take into account the best interests of the child when making decisions under this agreement. 3. Transportation and Exchanee. Whenever practical, any transportation to facilitate custody shall be shared by the parties. 4. Representation of Counsel. The Caretakers have employed and have had the benefit or counsel of Jane Adams, Esquire as their attorney. Mother is not represented by counsel but she has been advised by r~eipt of this document as well as in writing from Caretakers's counsel that: (1) Jane Adams, Esquire, is only representing the interests of Caretakers and is not representing her interests and (2) that Mother has the right to obtain her own legal counsel if she so chooses. All parties have carefully and completely read this agreement and are aware of its contents and legal effect. Mother has been advised of her right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Caretakers. 5. Bindin, Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 6. Jurisdiction. This Agreement shall be governed and controlled by the laws of Pennsylvania It is affirmed that the Court of Common Pleas of the Cumberland County, Pennsylvania, had jurisdiction over the issue of custody of the child in this case at the time the proceeds were initiated, and further, by agreement of the parties and Order of Court, the Court has retained jurisdiction over these matters so that it appropriate for the Court to enter an Order of Court. Further, the parties request that the Court of Common Pleas of Cumberland County, Pennsylvania to enter this as an Order of Court. 7. Entire Aereement. This Agreement contains the entire understanding between the parties concerning the subject, matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. ., . IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. ~WIypESS: I/~~, J1.S0 Witness . Date: g)5( 0.(, >~ UJJnv Gina Marie Webb, Mother ' ReF 8151 State Road Philadelphia, Pa. 19136 1 e Adams, Esquire S. Pitt St. arlisle, Pa. 17013 (717) 245-8508 Attorney for Caretakers ~...Q]'("\a ~. t\.~'r\"1 J-e ^ . LENA S. HOOVER, Caretaker 1335 Ritner Highway Shippensburg,Pa.17257 Date: Dl ~ oL Ja 64 C sle, Pa. 17013 (717) 245-8508 Attorney for Caretakers ~~-~ HARVEY R. OOVER, Caretaker 1335 Ritner Highway Shippensburg,Pa.17257 _GMB LH/HH (') c - S., "'0 o.~ rnr. :2''1. z'''''''' ~);' r:' ~ ~> ,~. zL: >c ~ ~ ~ p c: G") N N $A. , :C~ 5M ,..;..{ w ~ .{:" -0 :x N .. ~,fI/~ LENA S. HOOVER, and : IN THE COURT OF COMMON PLEAS HARVEY R. HOOVER, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA ry V. : NO. 2006 - 2626 CIVIL TERM GINA M. WEBB, : IN CUSTODY Defendant ORDER AND NOW, this ~,st day of ~ \16. , 2006, having reviewed the attached agreement between the parties dated August 18, 2006, it is hereby ORDERED and DECREED as follows: 1. Lena S. Hoover, Harvey R. Hoover and Gina M. Webb shall share legal custody of the child, Alexis M. Webb. 2. Lena S. Hoover and Harvey R. Hoover shall have primary physical custody of the child, Alexis M. Webb., with periods of partial custody ofnatura1 Mother, Gin!! M. Webb, as agreed by the parties pursuant to the custody stipulation. 3. The agreement executed by the parties on August 18,2006, shall Be entered as an Order of Court. cc: ,J6ne Adams, Esquire, for Lena S, Hoover and Harvey R. Hoover. vdina M. Webb, mother -l ~'V\D e..;~ C> ((fI~:'\ ~\JO \lP-O f\~OI'.(lI" '0\1 O~\~ 2>\ y'\~ I'?~ O,iJ:> cY" I- ,j .~,i I " I ,.