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Home My WebLink About06-3309 - Elizabeth A. Hoffman, Esquire 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 CARLA A. CAMPBELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01,.3301 v. MANUEL SEMPRIT, Defendant ACTION IN CUSTODY COMPLAINT IN CUSTODY 1. Plaintiff is Carla A. Campbell ("Mother"), an adult individual whose current mailing address is 2835 North Front Street (Dauphin County), Pennsylvania 17110. 2. Defendant Manuel Semprit ("Father"), is an adult individual whose current mailing address and whereabouts are unknown. 3. Mother and Father are the natural parents of the following minor children: Esperanza M. Semprit Trent M. Campbell DOB 4/27/2000 DOB 1/30/2002 4. The minor children have lived in the following locations with the following persons in the past five years: Residence Persons in residence Dates 352 Eakman Avenue Bronx, NY 10454 Maritza Semprit (paternal 4/27/06 - present . aunt) 690 Cumberland Point Circle Mechanicsburg, PA Natural mother; and 6/1/05-4/27/06 father periodically 431 S. Enola Drive Enola, PA Natural mother 5/03 - 6/05 30 Zeigler Road Duncannon, PA Natural mother, maternal 4/00 - 5/03 grandparents 5. There is no custody order in this case. - " 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 7. The children are currently in the custody of Maritza Semprit, Father's sister, in the Bronx, New York, and she refuses to allow Mother any contact with the children or to return the children. 8. Mother is concurrently filing with this complaint a Petition for Special Relief to obtain her children. 9. It is in the best interests and welfare of the children that Mother receive primary physical custody of the children and Father receive partial custody with supervised visitation for the following reasons: (1) Until the end of April 2006, Mother was the primary caretaker of the children since their births. (2) Father has completely disregarded Mother's relationship to her children by taking them to his sister's home in the Bronx, New York, with the understanding that they would only be there for a brief period of time, and then refusing to assist Mother in her efforts to regain custody. (3) Father has never assumed a primary caretaking role in the children's lives. He in fact left the children with his sister. WHEREFORE, it is respectfully requested that this Honorable Court enter an order which grants Mother primary physical custody and Father partial custody in the form of supervised visitation, along with shared legal custody. 2 - Respectfully submitted, Elizab A. Hoffman, Es 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 10 #71000 3 - VERIFICATION I verify that the information provided in the attached document is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S.A. ~4904, relating to unsworn falsification to authorities. Date: \e \1\0 (Q ~~~v ~~~~ Carla A. Campbell - SERVICE Service cannot be effectuated at this time because the address of the Defendant, Manuel Semprit, is unknown. I verify that the information provided in the above statement is true and correct to the best of my knowledge, information, and belief, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Date: b!O ffp ~~~ abeth A. Hoff~a , " ~ ~ "'- ~ Cr.- ~ -l f ~ , " C:; ~ ~ :-J '\J ~ ~ ~ ~\ \ ~~ W <1 ~tl n ~ ~.:- ~ C_ c.: --,~. (. N o II -4 III n1- r". m \:J C;'.' - ;.: r-n \,J'J C) .'{J en -< Elizabeth A. Hoffman, Esquire 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 CARLA A. CAMPBELL, Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0(,. ]3~9 MANUEL SEMPRIT, Respondent ACTION IN CUSTODY SPECIAL RELIEF PETITION FOR SPECIAL RELIEF 1. Petitioner is Carla A. Campbell ("Petitioner"), an adult individual whose current mailing address is 2835 North Front Street (Dauphin County), Pennsylvania 17110. 2. Respondent Manuel Semprit ("Respondent Mr. Semprit"), is an adult individual whose current mailing address and whereabouts are unknown. 3. Petitioner is seeking the return of her children, Esperanza M. Semprit (DOB 4/27/2000) and Trent M. Campbell (DOB 1/30/2002). 4. Concurrent with the filing of this petition, Petitioner is filing a Complaint in Custody to obtain primary physical custody and joint legal custody of the children. 5. The children are with Maritza Semprit ("Ms. Semprit") whose current mailing address is 352 Eakman Avenue, Apartment 2L, Bronx, New York 10454. 6. Ms. Semprit is the sister of Respondent. 7. Petitioner has been the primary caretaker of the children since their births until near the end of April 2006, when she and Respondent, who had lived with her and the children sporadically during the previous eight months, decided to separate. 8. At that time Petitioner was experiencing other personal difficulties which caused her to lose her apartment. 9. Thus, Petitioner agreed to allow Respondent to take the two minor children to the home of his sister, Ms. Semprit, in the Bronx, New York, but only for a temporary stay while she made other arrangements. 10. Respondent did not stay in Bronx with the children but returned to this area. 11. In the meantime, since receiving the children, Ms. Semprit has only allowed Petitioner to speak with her children once and, in spite of Petitioner and her parents' repeated requests, refuses to return the children. 12. Petitioner cannot locate Respondent, and the one time he contacted her, he refused to assist her in obtaining her children. 13. Both Ms. Semprit and Respondent are originally from Puerto Rico, and Petitioner believes that Respondents will very likely take the children there to prevent her from regaining custody as Respondent and Ms. Semprit are known to travel there frequently. 14. Petitioner is currently recovering from a drug addiction at Gaudenzia, and she therefore will not be able to take direct custody of the children until she completes the rehabilitation program. 15. However, unlike Ms. Semprit, who has had little or no contact with the children until recently, Petitioner's parents have always had a close relationship with the children and they are very willing to care for them until their mother is able to do so. 16. Furthermore, if the children are returned to the area, they will be able to visit with their mother until her release. 17. Given that the children have never been separated from their mother before, it is respectfully submitted that the interests and welfare of the children will be best served by immediately issuing an order directing that the children be given to Petitioner, or to her parents, 2 Keith and JoAnne Campbell, if Petitioner is unable to travel to New York. WHEREFORE, it is respectfully requested that this Honorable Court immediately enter an order which directs that the minor children be relinquished to Petitioner and/or her parents upon receipt of the order. Respectfully submitted, Eliza A. Hoffman, 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 ID #71000 3 . ... VERI FICA TION I verify that the information provided in the attached document is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Date: \e \'l \0 (Q ~~~p~~~ . .. SERVICE Service cannot be effectuated at this time because the address of the Defendant, Manuel Semprit, is unknown. I verify that the information provided in the above statement is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Date: (p j; () /~ (p , I ~Il~ Eli eth A. Hoffma - .. . ~. .. ~ ,......, c..::::- (J f.::;'::;I C,;-.. II ~ <- --:-i ~ ~ C:.: -'-11 ""\:'- r-:1 ----' r-'-~ cn ~ N ('.;~) - ~) .J 2:J ~ ~ ~ ':.'? r:n ~ ~ C) W w CARLA A. CAMPBELL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-3309 CIVIL ACTION LAW MANUEL SEMPRIT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, June 19,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, P A 17055 on Wednesday, July 19, 2006 , the conciliator, at 9:00 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 tbe parties to furnisb 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. MY 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 ~.iv ? ~ ~ 1r?-oe. 'l -ilY?; ~.~ "Jf?(X.f ~ b 1!~~-Pl /j{9..cJt"'7 L S :S I.ld 02 nor 900l A"""".\" ..", ~H' '0 "'-I" '\.. I" '~'J ~ 1 - \.J ..'.....'; "....' ,_',J\..".... ...l 3~)!:!~o-mll:J Carla A. Campbell, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-3309 CIVIL Manuel Semprit, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of June, 2006, it having been related that service has not been made upon the Defendant Father, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon Manuel Semprit to show cause why the Petitioner is not entitled to custody of the children in question. 2. Attorney for the Petitioner shall affect service of this order upon Manuel Semprit. 3. The Rule is returnable and a hearing shall be held on July 5, 2006 at 1 :30 p.m. in Courtroom No.5 of the Cumberland County Courthouse, Carlisle, PA. By the Court, M. L. Ebert, Jr., Elizabeth A. Hoffman, Esquire - u/Ol.;l/O," ' Attorney for Petitioner /> .1' _ . _ J1L te.oT~ ~ fJ-U<'~ MLE/bas ~ ,- ~ 1. .. ~~ ~, "\ r,.' ~~' ~:). 1~ c :) ....., Carla A. Campbell, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-3309 CIVIL Manuel Semprit, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 5th day of July, 2006, it having been related to this Court that service of the Rule to Show Cause has not been made upon the Defendant Father at his last known address or his sister, Maritza Semprit, who is alleged to have the children in question and is believed to live in the Bronx area of New York, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for this date is continued so that service can be made. The hearing will be held on Friday, August 18, 2006 at 9:30 a.m. in Courtroom NO.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Proof of Service upon Father and/or his Sister will be provided to this Court by Friday, August 11, 2006. By the Court, M. L. Ebert, Jr., J bas ~ ^h/O~ O~..LY ~beth A. Hoffman, Esquire Attorney for Petitioner .,"j:,,-i to,';;:) 1\11-.1":1 ;0 .,"'- -J:./ lId ,~ :::- ~\r";r ~:DGl v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3309 CIVIL ACTION IN CUSTODY CARLA A. CAMPBELL, Plaintiff MANUEL SEMPRIT, Defendant AFFIDAVIT OF SERVICE TO DEFENDANT I, Elizabeth A. Hoffman, Esquire, do hereby certify that I personally served true and correct copies of the Complaint in Custody with Order scheduling a custody conciliation conference, and Petition for Special Relief with Order scheduling a hearing before the Honorable M.L. Ebert, Jr., to the following person: Manuel Semprit Dauphin County Prison Date: 7/;rJ kh I / Eliz eth A. Hoffman, Attorney for Plaintiff 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 10# 71000 I verify that the information provided above is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S.A. 94904, relating to unsworn falsification to authorities, Dale: 7!!oih ~l~ ' / Iiz eth A. Hoffman '--,) lil -.-! i Carla A. Campbell, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-3309 CIVIL Manuel Semprit, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 17th day of July, 2006, the Court having been advised that the Father in this case has been located in the Dauphin County Prison, the Custody Conciliation Conference previously scheduled for July 19, 2006, at 9:00 a.m. before Custody Conciliator Dawn Sunday, Esquire, to be held at 39 West Main Street, Mechanicsburg, PA, 17055, shall proceed as scheduled. IT IS FURTHER ORDERED AND DIRECTED that the Custody Conciliator shall provide recommendations regarding who shall exercise primary physical custody of the children in question. In the event that all custody issues are not resolved at the Custody Conciliation Conference, the Custody Hearing previously scheduled for 9:30 a.m. on August 18, 2006, shall be held as scheduled. By the Court, ''l J. M. L. Ebert, Jr., ..;fawn Sunday, Esquire Custody Conciliator ~izabeth A. Hoffman, Esquire Attorney for Petitioner lanuel Semprit, Defendant ~ ~ 0\" ~ ! \l 11 ' ',;j Carla A. Campbell, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-3309 CIVIL Manuel Semprit, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 26th day of July, 2006, upon consideration of the attached Custody Conciliation Report, IT IS ORDERED AND DIRECTED as follows: 1. Pending the hearing previously scheduled for August 18, 2006, the Mother Carla Campbell, shall have primary physical custody of Esperanza Semprit, born April 27, 2000, and Trent Campbell, born January 30, 2002. The paternal aunt, Maritza Semprit shall relinquish custody of the Children to the Mother as soon as practicable. The Mother is to be released from the Vantage Residential Women and Children's Program for the express purpose of picking up her children in New York, and shall immediately return to the Vantage Program after securing the children. 2. The Mother shall promptly provide her telephone contact information, through counsel, to the Father. 3. The Father shall contact the Mother by telephone upon his release from incarceration in order to make arrangements for contact with the Children. The parties shall cooperate in attempting to establish ongoing custody arrangements for the Children by agreement, under which both parents have significant periods of custody, 4. In the event both parties agree that an additional custody conciliation conference would be useful in resolving all outstanding custody issues without the necessity of the hearing scheduled for August 18, 2006, counsel for either party or an unrepresented party may contact the conciliator to schedule a conference. By the Court, '\\\ 'L ~ \ M. L. Ebert, Jr., J. I "' ," ."" "iH]7 :1 \J l r.. j j " cc: Manuel Semprit, Father Elizabeth A. Hoffman, Esquire - Counsel for Mother . , CARLA A. CAMPBELL, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3309 CIVIL ACTION IN CUSTODY MANUEL SEMPRIT, Defendant CUSTODY ORDER AND NOW, this 5-\~ day of ~~\~~U' , 2006, after a hearing, wherein Plaintiff was present and represented by counsel, and Defendant was not present although served with notice of said hearing, it is hereby ordered and directed as follows: 1. Mother, Carla A. Campbell, and Father, Manuel Semprit, shall have shared legal custody of the minor children, Esperanza Semprit (DOB 4/27/2000) and Trent Campbell (DOB 1/30/2002). Each parent shall have equal right, to be exercised jointly, to make all major non- emergency decisions affecting the children's general well-being, including, but not limited to, all decisions regarding their health, education, and religion. Pursuant to the terms of this order, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. 2. Mother shall have primary physical custody of the children, 3. Father shall have significant periods of partial custody of the children. 4. The parents shall share custody of the children over the holidays as arranged by agreement. 5. Each parent shall provide the other parent with information regarding his or her current address and phone number, and the names of the other persons living in the household. 6. Neither parent shall take the children beyond a 65-mile radius from the , . . courthouse in Carlisle without the consent of the other parent. BY THE COURT ,'\~ M. L. Ebert, Jr., Judge Distribution: 7 Elizabeth A, Hoffman, Esquire, 106 Walnut Street, Harrisburg, PA 17101 _ Manuel Semprit '1-.5 - tJ(, c....:.. ~ ~ ~ ~ . \:;j!j\\;,I,'r~ASh!NJd , I' 'n'." n' ., '.''''iA'n'' /'-1..1\' \..',1 ' .,:(,~~! v S S :6 ~w S- d3S 9002 A!JIflOiIGi-UJLid 3H.l dO 38U~O-031!:1 CARLA A. CAMPBELL, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3309 CIVIL MANUEL SEMPRIT, Defendant ACTION IN CUSTODY GRANDPARENTS' MOTION TO BE JOINED AS PLAINTIFF/PARTIES TO THE CUSTODY ACTION AND TO BE AWARDED SHARED LEGAL CUSTODY WITH THE PARENTS TO THE HONORABLE M.L. EBERT, JR., JUDGE OF SAID COURT: AND NOW comes JoAnne Campbell and'Keith Campbell, the maternal grandparents of the minor children in this custody action, by and through their attorney, Elizabeth A. Hoffman, to request that they be joined as plaintiff/parties and be awarded shared legal custody with the natural parents, and in support thereof respectfully avers the following: 1, JoAnne Campbell and Keith Campbell ("Grandparents") are the maternal grandparents of the minor children at issue in this custody action, Esperanza Semprit (DOB 4/27/2000) and Trent Campbell (DOB 1/30/2002), 2. Grandparents' current mailing address is 30 Zeigler Road, Duncannon, Pennsylvania 17020, 3. The natural parents of the minor children are Plaintiff Carla Campbell ("Mother") and Defendant Manuel Semprit ("Father"), 4. Mother is currently an inpatient at Vantage, a drug and rehabilitation facility whose mailing address is 212-1/2 East King Street, Lancaster, Pennsylvania 17602. 5. Father's current mailing address is unknown. 6. A custody conciliation conference was conducted on July 19, 2006; Mother attended in person and Father participated by phone from Dauphin County Prison, - ... 7. Following the conference a temporary custody order was entered which granted Mother primary physical custody and Father "significant periods of custody." (Order attached). 8. Although Father was released from prison approximately a week after the conference, he has never contacted Mother, her attorney, or anyone else to arrange to see the children. 9, In addition, while he was served with notice of the hearing, Father also did not attend the hearing before this Court on Friday, August 18, 2006. 10. In the meantime, Mother has criminal charges against her which very well may result in her incarceration and thus her inability to care for her children. 11. Given Father's history of not being locatable, it is quite probable that he will not be available if Mother is imprisoned. .12. If Father is not locatable, Mother has asked Grandparents to take custody of the children. 13. Grandparents are very willing to take the children if the foregoing circumstances should occur. 14. However, upon receiving custody of the children, Grandparents will need the authority that legal custody provides to enroll the children in school and to obtain medical attention when necessary. 15. Mother agrees that Grandparents should be made a plaintiff/party in this action and that they should be granted shared legal custody along with Mother and Father. (See Consent of Mother). 16. Grandparents understand that they will jointly share legal custody with the parents and, whenever possible, they must consult the parents about any major decisions 2 ~ ... .~. . regarding the children. WHEREFORE, it is respectfully requested that this Honorable Court enter an order to grant Grandparents' request to become plaintiff/parties in this action and to be granted shared legal custody of the children. Respectfully submitted, Eliza h A. Hoffman, Es 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 10 #71000 3 - ~ ~ . Carla A. Campbell, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-3309 CIVIL Manuel Semprit, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 26th day of Juiy, 2006, upon consideration of the attached Custody Conciliation Report, IT IS ORDERED AND DIRECTED as follows: 1. Pending the hearing previously scheduled for August 18, 2006, the Mother Carla Campbell, shall have primary physical custody of Esperanza Semprit, born April 27, 2000, and Trent Campbell, born January 30,2002. The paternal aunt, Maritza Semprit shall relinquish custody of the Children to the Mother as soon as practicable. The Mother is to be released from the Vantage Residential Women and Children's Program for the express purpose of picking up her children in New York, and shall immediately return to the Vantage Program after securing the children. 2. The Mother shall promptly provide her telephone contact information, through counsel, to the Father. 3. The Father shall contact the Mother by telephone upon his release from incarceration in order to make arrangements for contact with the Children. The parties shall cooperate in attempting to establish ongoing custody arrangements for the Children by agreement, under which both parents have significant periods of custody. 4. In the event both parties agree that an additional custody conciliation conference would be useful in resolving all outstanding custody issues without the necessity of the hearing scheduled for August 18, 2006, counsel for either party or an unrepresented party may contact the conciliator to schedule a conference. By the Court, ~'LCk\\ M. L. Ebert, Jr., J. - 4.... CONSENT TO HAVE GRANDPARENTS JOIN CUSTODY ACTION AND TO SHARE LEGAL GUARDIANSHIP OF MINOR CHILDREN I, Carla Campbell, agree to have JoAnne Campbell and Keith Campbell join the custody action at Docket No. 06-3309 as plaintiffs. I further agree to a court order which awards shared legal custody to me, Manuel Semprit (natural father), and JoAnne and Keith Campbell. ~~~A Carta Camp ell - - ," VERIFICATION I verify that the information provided in the attached motion is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C,SA ~4904, relating to unsworn falsification to authorities. Date: B-;(1 -()~ VERIFICATION I verify that the information provided in the attached motion is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA ~904, relating to unsworn falsification to authorities. Date: ~~}/Dh CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached motion was sent by U.S. mail to the following person: Carla Campbell c/o Karen Plowman Vantage Program 212-1/2 East King Street Lancaster, PA 17602 Date: o/tfb Eliza th A. Hoffman, E 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 10 #71000 " c :~2:: _..~ .' ~"... -...> ":'~':2 c,':;, <,-.. () --n -< -r:-r;. h'r:: -O(_~ ~'. , '1' 1"..;,/-') -,.j":. (/) P' -.,'j , C:) l;~> ,r.;- N ,', .j .. ~.i"'/' -;-\ "':0 '< Carla A. Campbell, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-3309 CIVIL Manuel Semprit, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 1ih day of September, 2006, upon consideration of the Grandparents' Motion to be Joined as Plaintiff/Parties to the Custody Action and to be Awarded Shared Legal Custody with the Parents, 1. A Rule is issued upon Manuel Semprit to show cause why the Maternal Grandparents, JoAnne Campbell and Keith Campbell, should not be joined as party plaintiffs to this action and to be awarded shared legal custody. 2. The Rule is returnable on October 2, 2006. 3. The moving Parties are to ensure that service is made upon the Defendant, Manuel Semprit. 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of mateTial fact, a hearing will then be scheduled. By the Court, bas ~l ~o..r\o.. c.o..mp'oe. \ \ ~e;-\-h <I 00 ~J\ne CO-Mpbe.ll fiizabeth A. Hoffman, Esquire .\ M, L. Ebert, Jr., ~D\o ~;\ o no: I 1'-1 21 CARLA A. CAMPBELL, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3309 CIVIL ACTION IN CUSTODY MANUEL SEMPRIT, Defendant MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE M.L. EBERT, JR., JUDGE OF SAID COURT: AND NOW comes JoAnne Campbell and Keith Campbell ("the grandparents"), by and through their attorney, Elizabeth A. Hoffman, to request that this Honorable Court make the rule absolute, and in support thereof respectfully aver the following: 1. On September 8, 2006, the grandparents filed a motion at the above-cited docket number to be joined as plaintiff/parties to the custody action and to be granted shared legal custody with the parents, Carla Campbell and Manuel Semprit ("Plaintiff" and "Defendant"). 2. On September 12, 2006, this Court issued a rule to show cause on Defendant why the motion should not be granted. 3. The Court further directed that the "moving parties are to ensure that service is made upon the Defendant, Manuel Semprit." 4. Undersigned counsel learned from the grandparents and Plaintiff that Defendant had gone to Puerto Rico. 5. On September 20, 2006, undersigned counsel called Maritza Semprit ("Ms. Semprit"), Defendant's sister, to inquire about Defendant's whereabouts and was made aware of the following: Defendant went to Puerto Rico; Ms. Semprit had no address for Defendant, and she had not heard from him in quite awhile. 6. Undersigned counsel informed Ms. Semprit that she had a custody order and another important court order to give to Defendant. 7. Undersigned counsel then asked Ms. Semprit, if she heard from Defendant, to tell him about these orders and to advise him to call undersigned counsel immediately. 8. Undersigned counsel also asked Ms. Semprit to provide her with any information she may receive about Defendant's address, and Ms. Semprit agreed to do so. 9. Ms. Semprit was given undersigned counsel's phone number, and Ms. Semprit wrote it down. 10. Neither Plaintiff, the grandparents, nor undersigned counsel have received any further information about Defendant's whereabouts. 11. While, as the foregoing averments show, Defendant was not served with the grandparents' motion and the order directing the rule to show cause, the grandparents, Plaintiff, and undersigned counsel have made their best efforts under the circumstances to serve Defendant with the documents. 12. In the meantime, Defendant has made absolutely no effort to contact any of the parties or undersigned counsel to inquire about the welfare of his children. 13. Therefore, the grandparents' motion should not be denied for failure to 2 make service. 14. Furthermore, it is in the best interests and welfare of the minor children to grant the motion because, as averred in the grandparents motion, Plaintiff may be incarcerated, and, without legal custody of their grandchildren, the grandparents will have great difficulty enrolling the children in school and making medical decisions for them. 15. It is also quite possible that, without an order granting the grandparents shared legal custody, the rehabilitation facility where Plaintiff is located may not even be permitted to give the grandparents physical custody of the children. 16. The grandparents have standing to bring their motion under Section 5313 of the Uniform Custody Act (23 Pa.C.S. ~5313), and they fulfill the requirements of subsection (b) in that they have "genuine care and concern" for the children, they received corisent of Plaintiff to share legal custody, and the children are at risk of being placed in a foster home because Plaintiff may be incarcerated. 17. It therefore would be in the best interests and welfare of the children to make the rule absolute and grant the grandparents' motion. 18. It is also noted that custody orders are subject to modification at any time. Accordingly, if Defendant reappears and wishes to have the grandparents removed as parties in this custody proceeding, he can file a petition to modify with the court and make his arguments known then. 3 WHEREFORE, it is respectfully requested that this Court issue an order to make the rule absolute and grant the grandparents' motion to become plaintiff/parties and to be granted shared legal custody of the minor children. Respectfully submitted, Eliza th A. Hoffma 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 ID #71000 4 VERIFICATION I verify that the information provided in the attached document is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Date: / tJ fq k f.e. / I CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached motion was sent by U.S. mail to the following person: Carla Campbell clo Karen Plowman Vantage Program 212-1/2 East King Street Lancaster, PA 17602 Date:/f9ft Eliz eth A. Hoffman, 106 Walnut Street Harrisburg, PA 17101 {717} 236-2956 ID #71000 (") ~~; r--.J ~:-~) c.:.-:; 0..... C", c; (::> -n ~ i'~l:n r- ..~., rn ~ ~-..., f--.... -j'"-j"" \ ' .~~1. ~i~ ^~ (~) (jf'P --I ):.",; > :U =<, -'i I l..O ::,,) o 1',:., OCT 1'0 200V v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3309 CIVIL CARLA A. CAMPBELL, Plaintiff MANUEL SEMPRIT, Defendant ACTION IN CUSTODY ORDER AND NOW this \~"\" day of o ~ \ 0'0(,( , 2006, the rule to show cause upon Defendant is hereby made absolute. The grandparents' motion to be joined as plaintiff/parties to the custody action and to be granted shared legal custody with Plaintiff and Defendant is hereby granted. BY THE COURT \t Djstribution: ~lizabeth A. Hoffman, Esquire, 106 Walnut Street, Harrisburg, PA 17101 vCarla Campbell, clo Karen Plowman, Vantage Program, 212-1/2 East King Street, Lancaster, PA 17602 ~ith and JoAnne Campbell, 30 Zeigler Road, Duncannon, PA 17020 ~i!~ ~~Q\I V' ;:~ \f:i r.l,t:: :nl .,.. .,- '",." '"iVt7.'J AUy:'Lc: 91 lJJ gOOl ...J~M7111 dO