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HomeMy WebLinkAbout06-4279 MARY LOU MAXWELL and DONALD M. MAXWELL, Plaintiffs : IN THE COURT OF COMMON PLEAS : cUMBftLAND COUNTY, PENNSYLVANIA v. : CIVIL ACI10N - LAW : NO. () r., -,-,/";)_ 7C( c)ur( f<r,... JANET LYNN MAXWELL, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, come the Plaintiffs, MARY LOU MAXWELL and DONALD M. MAXWELL, by and throl\gh their attorney, LACY HAYES, JR., and file the within Complaint for Custody as follows: 1. The Plaintiffs, MARY LOU MAXWELL and DONALD M. MAXWELL, are adult individuals, who reside at 4068 Caissons Court, Enola, Hampden Township, Cumberland County, Pennsylvania. 2. The Defendant, JANET LYNN MAXWELL, is an adult individual, who resides at 5214 Deerfteld Avenue, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. 3. Plaintiffs seek custody of the following child: Name Residence .~ Justin Donald Maxwell 4068 Caissons Court Enoia, Pennsylvania 13 DOH - March 2,1993 The child was born out of wedlock to Defendant, JANET LYNN MAXWELL and BRUCE JACOBSON, whose presence and whereabouts are unknown, but Plaintiffs believe he lives in Maryland, and that BRUCE JACOBSON has terminated his parental rights. The child has resided with Defendant, JANET LYNN MAXWELL, at 5214 Deerfteld Avenue, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania and with Plaintiffs, MARY LOU MAXWELL and DONALD M. MAXWELL, at 4068 Caissons Court, Enola, Hampden Township, Cumberland County, Pennsylvania at various times over the past five (5) years. The child is presently in the custody of Plaintiffs, MARY LOU MAXWELL and DONALD M. MAXWELL, who reside at 4068 Caissons Court, Enola, Hampden Township, Cumberland County, Pennsylvania. The mother of the child is JANET LYNN MAXWELL, currently residing at 5214 Deerfield Avenue, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. She is single. The father of the child is BRUCE JACOBSON, whose presence and whereabouts are unknown. but Plaintiffs believe he lives in Maryland, and that BRUCE JACOBSON has terminated his parental rights. To the best of Plaintiffs' knowledge, he is married (to someone other than Defendant). 4. The relationship of Plaintiffs to the child is that of materna1 Grandmother and Grandfather. The Plaintiffs currently reside with the child. , ' 5. The relationship of Defendant to the child is that of Mother. The Mother has resided with various individuals at various times. Plaintiffs are the parents of Defendant. 6. Plaintiffs have not participated as a parties or witnesses, or in another capacity, in any other litigation concerning the custody of the child. Plaintiffs have no inforntation of a custody ~ing concerning the child pending in a court of this Commonwealth or any other state. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because Plaintiffs are ready, willing and able to provide a stable home environment for the child. 8. Each party whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. . . .~"t WHEREFORE, Plaintiffs request this Honorable Court to grant them legal and primary physical custody of the subject minor child. ~~dxlb D : Respectfully submitted, LACY HA YE, . ESQ 2216 Walnut Street Harrisburg, PA 17103 (717) 234-0700 Attorney ID # 32107 Attorney for Plaintiffs OC . . . . . ' VERIFICATION We verify that the statements made in the foregoing Complaint for Custody are true and correct based upon our personal knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.s. ~4904, relating to unsworn falsification to authorities. DATED: ~'1 z.~, ~c. ~~~~~ Plaintiff DATED: .::Jul1 't.Jf, z.ooG 6~/?1'~~wdI nald M. Maxwell, Plaintiff , " , ,"if ,\ f' . !;Ct~ ~ ~ ~. ~-> ~:::" C) i: .... . "-~ -n .... 1:.,- --i ~ '- ::L - , '~ ~ 0 r'~) Tf ~ , - _l -- () \' " """0 "" Frl c:.j ~': ! .', c. ~ MARY LOU MAXWELL and DONALD M. MAXWELL, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CML ACI10N - LAW : NO. O'(p - 'i~ 7C( JANET LYNN MAXWELL, Defendant : IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioners, MARY LOU MAXWELL and DONALD M. MAXWELL, by and throl\gh their attorney, LACY HAYES, JR., ESQUIRE, and respectfuIIy represent as follows: 1. Petitioner, MARY LOU MAXWELL, an adult individual, resides at 4068 Caissons Court, Enola, Cumberland County, Pennsylvania. 2. Petitioner, DONALD M. MAXWELL, an adult individual, resides at 4068 Caissons Court, Enola, Cumberland County, Pennsylvania. 3. Respondent, JANET LYNN MAXWELL, an adult individual, resides at, 5214 Deerfteld Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 4. That contemporaneously with the filing of the within Emergency Petition for Special Relief, a Complaint for Custody was filed by Petitioners, MARY LOU MAXWELL and DONALD M. MAXWELL, a copy of which is attached to this petition. S. That Petitioner, MARY LOU MAXWELL, is the maternal grandmother of the subject minor child, JUSTIN DONALD MAXWELL, and Petitioner, DONALD M. MAXWELL, is the maternal grandfather of the subject minor child, JUSTIN DONALD MAXWELL, age 13, date of birth March 2,1993. 6. Respondent, JANET LYNN MAXWELL, is the natural mother of the subject minor child. 7. That the minor child, JUSTIN DONALD MAXWELL, is presently residing with the Petitioners, MARY LOU MAXWELL and DONALD M. MAXWELL, and has resided there off and on for the past five (5) years, and of and on since his birth in 1993. 8. That Petitioners, MARY LOU MAXWELL and DONALD M. MAXWELL, are seeking an Emergency Order for Temporary Custody of their grandson, JUSTIN DONALD MAXWELL, for the following reasons: a The Hampden Township Police Department has been called to Respondent's home repeatedly regarding disturbances and various activities which render that residence unsafe and unsuitable for a thirteen (13) year old boy. b. That Respondent has threatened to remove the child from his grandparents home and that they would never see him again. c. That Petitioners believe that once Respondent is served with the Complaint for Custody, filed contemporaneously herewith, Respondent will remove the child from Petitioners' home. d. That Petitioners have contacted Cumberland County Children and Youth Services and Children and Youth Services have advised Petitioners to notify them immediately in the event that Respondent attempts to remove the child from their home. e. Respondent, JANET LYNN MAXWELL, has not seen the minor child, JUSTIN DONALD MAXWELL, during the past six weeks. 9. Petitioners, MARY LOU MAXWELL and DONALD M. MAXWELL, believe and aver that the child should be placed in their physical custody until the Complaint for Custody involving the child's natural mother, JANET LYNN MAXWELL, has been ruled upon by this Honorable Court. WHEREFORE, Petitioners pray this Honorable Court to enter an Order that the custodial status quo with respect to the subject minor child, JUSTIN DONALD MAXWELL, shall be maintained, and award physical custody of the subject minor child, JUSTIN DONALD MAXWELL, immediately to Petitioners pending further Order of Court. Dolo ~~, 'M':> Respectfully submitted, ~ 2216 Walnut Street Harrisburg, P A 17103 (717) 234-0700 Attorney ID # 32107 Attorney for Plaintiffs ,0( VERIFICATION We verify that the statements made in the foregoing EMERGENCY PETITION FOR SPECIAL RELIEF are true and correct based upon our personal knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsiftcation to authorities. DATED: -:Jr)t.,'1 zi ZfJIJ6 ~~~~ Plaintiff DATED: 'JvU( z..{ ~ .4.u~'"nt ~~.~# Donald M. Maxwell, Plaintiff MARY LOU MAXWELL and DONALD M. MAXWELL, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. JANET LYNN MAXWELL, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, come the Plaintiffs, MARY LOU MAXWELL and DONALD M. MAXWELL, by and through their attorney, LACY HAYES, JR., and file the within Complaint for Custody as follows: 1. The Plaintiffs, MARY LOU MAXWELL and DONALD M. MAXWELL, are adult individuals, who reside at 4068 Caissons Court, Enola, Hampden Township, Cumberland County, Pennsylvania. 2, The Defendant, JANET LYNN MAXWELL, is an adult individual, who resides at 5214 Deerfield Avenue, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. 3. Plaintiffs seek custody of the following child: Name Residence A&;. 13 DOB - March 2, 1993 Justin Donald Maxwell 4068 Caissons Court Enola, Pennsylvania lIlt I( E )0+( 61T The child was born out of wedlock to Defendant, JANET LYNN MAXWELL and BRUCE JACOBSON, whose presence and whereabouts are unknown, but Plaintiffs believe he lives in Maryland, and that BRUCE JACOBSON has terminated his parental rights. The child has resided with Defendant, JANET LYNN MAXWELL, at 5214 Deerfield Avenue, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania and with Plaintiffs, MARY LOU MAXWELL and DONALD M. MAXWELL, at 4068 Caissons Court, Enola, Hampden Township, Cumberland County, Pennsylvania at various times over the past five (5) years. The child is presently in the custody of Plaintiffs, MARY LOU MAXWELL and DONALD M. MAXWELL, who reside at 4068 Caissons Court, Enola, Hampden Township, Cumberland County, Pennsylvania. The mother of the child is JANET LYNN MAXWELL, currently residing at 5214 Deerfield Avenue, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania She is single. The father of the child is BRUCE JACOBSON, whose presence and whereabouts are unknown. but Plaintiffs believe he lives in Maryland, and that BRUCE JACOBSON has terminated his parental rights. To the best of Plaintiffs' knowledge, he is married (to someone other than Defendant). 4. The relationship of Plaintiffs to the child is that ofmatemal Grandmother and Grandfather. The Plaintiffs currently reside with the child. 5. The relationship of Defendant to the child is that of Mother. The Mother has resided with varions individuals at varions times. Plaintiffs are the parents of Defendant. 6. Plaintiffs have not participated as a parties or witnesses, or in another capacity, in any other litigation concerning the custody of the child. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested becAUse Plaintiffs are ready, willing and able to provide a stable home environment for the child. 8. Each party whose parental rights to the child have not been terminAted and the persons who have physical custody of the child have been named as parties to this action. . . . . WHEREFORE, Plaintiffs request this Honorable Court to grant them legal and primary physical custody of the subject minor child. Respectfully submitted, DATED: LACY HAYES, JR., ESQUIRE 2216 Walnut Street Harrisburg, P A 17103 (717) 234-0700 Attorney ID # 32107 Attorney for Plaintiffs 0 C) ~ ~ C -n 10 , ---' Irl , (---: -c' I:t.. ~ ,."" f'11 , "".";.' ~ -- - 'C__" ~ - - < ~ ~ ~ C1 ':-~J ~ C -< ~ -.:t: ) J MARY LOU MAXWELL aDd DONALD M. MAXWELL, PI.mtifti : IN THE COURT OF COMMON PLEAS : ~~RLAND COUNTY, PENNSYLVANIA v. : .JUl 2 7 2006 : ClVJ,J.. ACTION - LAW "W' :NO'DC._~.nq {J~J.-:>~L r : IN CUSTODY JANET LYNN MAXWELL, Defendant ORDER OF COURT AND NOW, this 1.1 -\~ day pf ru\~ ,2006, following review and consideration of the within Emergency Petition for Special Relief, IT IS HEREBY ORDERED AND DECREED that the custodial status quo with respect to the subject minor ~hi1d, JUSTIN DONALD MAXWELL, ~l be maintained, and temporary custody of the sUbject minor child, mSTIN DONALD MAXWELL, is aW1lJlllled to Petitioners, MARY LOU ",Jtl': MAXWELL and DONALD M. MAXWELL, until further Order of Court. BY THE COURT: ''"l J. -' ~ 'f0?~ -, N ---;.", , _I -"(\ - . --- .' ,~ . ~.~~~ ()~,-JJj)1' ~ JIof"'" 1r1~ '7J:z"JO' ~ MARY LOU MAXWELL AND DONALD M, MAXWELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-4279 CIVIL ACTION LA W JANET LYNN MAXWELL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, AUjlust 01, 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, Mecbanicsburjl, PA 17055 on Wednesday, September 06, 2006 , the conciliator, at 11:30 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 mav also be present at the conference, Failure to appear at the conference mav 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 Dawn S. Sunday, 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 infonnation 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 ~r~p i}P ~ ~ ~ 1(70 e. j. .~ ~ ,PpoJ;>>W ~ 100e-~ ~jJ.' fjP.$ /f/'Y>1I ht,p,. p1; 10. e.) 1\,1.. ~)~~: 11.\ "'J,_ ,'" "~ f.ITj . ;,J G -,_':'.;: ';:.J!.J :~:: 'L!.. , SEP 1 3 2006 , .5 ,BY' j _________ i ~----"'~.,&,--~-:---_. -.-~ MARY LOU MAXWELL AND DONALD M. MAXWELL Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-4279 CNIL ACTION LAW JANET L. MAXWELL Defendant IN CUSTODY ORDER OF COURT '\\'\ AND NOW, this 15 day of S t..~ ~tN1I.\. ...f' , 2006, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Maternal Grandparents, Mary Lou and Donald M. Maxwell, and the Mother, Janet L. Maxwell, shall have shared legal custody of Justin Donald Maxwell, born March 2, 1993. The parties shall consult with each other in making all major non- emergency decisions concerning the Child, including, but not limited to, all major medical, educational or religious decisions affecting the Child's well-being. The Maternal Grandparents shall make a reasonable effort to contact the Mother to consult under this provision. In the event the Mother is unavailable to participate in decision-making or the parties are unable to reach an agreement, the Maternal Grandparents shall have the final decision-making authority. The parties shall have equal access to the Child's medical and school records and information. 2. The Maternal Grandparents shall have primary physical custody ofthe Child. 3. The Mother shall have supervised visitation with the Child, with an adult acceptable to all parties, at times to be arranged by agreement between the parties. 4. The Mother may file a Petition with the Court for the scheduling of an additional custody conciliation conference to review the custodial arrangements, if necessary. 5. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. 7 (,., ",;(';~) SiE MARY LOU MAXWELL AND DONALD M. MAXWELL Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-4279 CIVIL ACTION LAW JANET L. MAXWELL Defendant IN CUSTODY Prior Judge: M. L. Ebert CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Justin Donald Maxwell March 2, 1993 Maternal Grandparents 2. A custody conciliation conference was held on September 6, 2006, with the following individuals in attendance: The Plaintiff Maternal Grandparents, Mary Lou and Donald Maxwell, with their counsel, Lacy Hayes, Jr. Esquire. The Mother, Janet L. Maxwell, did not attend the conference or contact the conciliator. 3. Counsel for the Maternal Grandparents advised the conciliator that the Mother had been properly served with notice of the conference. The Plaintiffs indicated that the Child's Father, Bruce Jacobson, has not made his whereabouts known and has not had contact with the Child for several years. This Court previously entered an Order in this matter on July 27, 2006 requiring that the Grandparents maintain custody of the Child pending further Order of Court in response to the Grandparents' Emergency Petition for Special Relief which was the subject ofthe conciliation conference. 4. The Maternal Grandparents represented at the conference that the Mother has not seen the Child for at least one month, although she contacts the Child by telephone every few days. Although the Mother lives in the local area, the Child has resided with the Grandparents off and on for substantial periods since his birth. According to the Grandparents, the Mother has not been able to provide appropriate care for the Child due to drug addiction and other related problems, including incarceration. The Grandparents stated that the Child has been living with them during this most recent period since June 13,2006 and is attending Good Hope Middle School in their school district, where he has attended school since Kindergarten. 5. Based upon the representations of the Grandparents at the conference and the fact that the Mother did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached. ~~ 7, .:loolt Date ~ Dawn S. Sunday, Esquire Custody Conciliator SHERIFF'S RETURN - REGULAR CASE NO: 2006-04279 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAXWELL MARY LOU ET AL VS MAXWELL JANET LYNN ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER, PETITION FOR was served upon MAXWELL JANET LYNN the DEFENDANT , at 1730:00 HOURS, on the 2nd day of August , 2006 at 5214 DEERFIELD AVENUE MECHANICSBURG, PA 17055 by handing to JANET LYNN MAXWELL a true and attested copy of ORDER, PETITION FOR together with SPECIAL RELIEF, NOTICE & COMPLAINT FOR CUSTODY and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 9.68 .39 10.00 .00_/ 38.07 / qJ'J.(JI}(, ~ .r~~~~ R. Thomas Kline 08/03/2006 MDW&O Sworn and Subscibed to B~~ Deputy Sheriff A.D. before me this day of