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HomeMy WebLinkAbout01-5563ADANA F. HOWELL, Plaintiff ROBERT D. HOWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 01- ff_5'~.~ CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Adana F. Howell, by her attorneys, the Family Law Clinic, sets fomh the following cause of action in custody: 1. The plaintiffis Adana F. Howell, residing at 309 North East Street, Carlisle, PA 17013. 2. The defendant is Robert D. Howell, residing at 309 North East Street, Carlisle, PA 17013. 3. Plaintiff seeks custody ofthe following children: Name Present Residence Date of Birth Robert Daniel Howell 309 North East Street, December 30, 1991 Carlisle, PA 17013 Joshua Matthew Howell 309 North East Street, May 3, 1995 Carlisle, PA 17013 Melinda Sue Howell 309 North East Street, July 31, 1997 Carlisle, PA 17013 Robert Daniel was bom out-of-wedlock, but Joshua Matthew and Melinda Sue were bom in wedlock. The children are presently in the custody of Plaintiff and Defendant. Since their births, the children have resided with the following persons and at the following addresses: Persons Robert Howell and Adana Howell Robert Howell and Adana Howell Robert Howell and Adana Howell Addresses 309 No~h East Street, Carlisle, PA 17013 421 Shippensburt Rd. Newville, PA 17241 46 West North St. Carlisle, PA 17013 Dates 8/00-current 3/00-8/00 1/00-3/00 Robert Howell and Adana Howell Robert Howell and Adana Howell Robert Howell and Adana Howell Robert Howell and Adana Howell 1021 South Cedar St. Casper, WY 82601 322 Lathrop Rd. Base 48 Evansville, WY 82636 1200 Boulder Ave. Apt.gl Casper, WY 82601 1221 Highview St. Casper, WY 82601 3/98-1/00 3/96-3/98 3/92-3/96 7/90-3/92 4. The relationship of the plaintiff to the children is that of mother. She is married. She currently resides with the following persons: Name Relationship Robert D. Howell husband Robert Daniel Howell Joshua Matthew Howell Melinda Sue Howell 5. The relationship of defendant to the children is that of father. He is married. He currently resides with the following persons: Name Relationship Adana F. Howell wife Robert Daniel Howell Joshua Matthew Howell Melinda Sue Howell 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation fights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff has been the primary caretaker of the children since birth. b) Plaintiff provides the child with a stable home environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs. c) Plaintiff is willing to accept custody of the children. d) Plaintiff continues to perform the parental duties and enjoys the love and affection of the children. e) Plaintiffhas permitted continuing contact between the defendant and the children, andwill continue to do so. f)Plalntiff and Defendant have entered into an agreement relating to custody of the children, which is attached to this Complaint. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parries to this action. 9. Plaintiff and Defendant entered into Agreement as to Custody on September 18, 2001. The Agreement provides that Plaintiff shall have sole legal and primary physical custody of the children as specified in the attached Agreement. The parties intend that the Agreement be entered as an Order of the Court. WHEREFORE, plaintiff requests the court to grant her sole legal and primary physical custody of the three children. Date: Lily L. Cheung Certified Legal Intern --~~ERT E. RA1NS THOMAS M. PLACE TERI L. HENNING Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 VERIFICATION I verify that the stat~nents made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Adana F. Howell, Plaintiff ADANA F. HOWELL, Plaintiff ROBERT D. HOWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION-LAW IN CUSTODY NO. 01- 3'5'~ 3 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Adana F. Howell, Plaintiff, to proceed in forma pauperis. I, Lily Li Cheung, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Lily L. Cheung ~ Ce~fLf'led Legal Intern THOMAS M. PLACE TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ADANA F. HOWELL, Plaintiff ROBERT D. HOWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 01- ~ff~.~ CIVIL TERM CUSTODY AGREEMENT AND ORDER AGREEMENT, made this [~'~ .day of ~/~-.~-, 2001, between Adana THIS F. Howell (hereinafter "Mother") and Robert D. Howell (hereinafter "Father") concems the custody of their children, Robert Daniel Howell, bom December 30, 1991, Joshua Matthew Howell, bom May 3, 1995, and Melinda Sue Howell, born July 31, 1997 (hereinafter "the children"). Mother and Father desire to enter into an agreement as to the custody of their children. Mother and Father agree to the following: I. Mother has sole legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children as the parties agree. 4. Father acknowledges that he has an alcohol problem. Father agrees that if he consumes any alcohol, any and all custodial rights that Father has under this Agreement shall be suspended until both parties agree that they should resume. 5. Neither parent shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love and respect for the other parent. 6. Mother and Father desire to make this agreement a Court Order. 7. Father and Mother may modify this agreement by mutual consent. In the absence of such mutual consent, the terms of this Order shall control. 8. Father understands that the Family Law Clinic represents only Mother's interests in this matter and has advised him that he should seek the advice of legal counsel. Father understands this and has chosen to proceed without cotmsel~ Robert Howell, Defendant Adana Howell, Plaintiff ~ly L. Cheut~g Certified Legal Intern THOMAS M. PLACE TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ORDER AND NOW this . day of Agreement is approved and entered as an Order of Court. ,2001, the above Custody ADANA F. HOWELL, Plaintiff ROBERT D. HOWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 01- ~5"ff/.~ CIVIL TERM CUSTODY AGREEMENT AND ORDER THIS AGREEMENT, madethis I~'1~ dayof ~,¢~/~-,2001,betweenAdana F. Howell (hereinafter "Mother") and Robert D. Howell (hereinafter "Father") concerns the custody of their children, Robert Daniel Howell, bom December 30, 1991, Joshua Matthew Howell, bom May 3, 1995, and Melinda Sue Howell, born July 31, 1997 (hereinafter "the children"). Mother and Father desire to enter into an agreement as to the custody of their children. Mother and Father agree to the following: 1. Mother has sole legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children as the parties agree. 41 Father acknowledges that he has an alcohol problem. Father agrees that if he consumes any alcohol, any and all custodial rights that Father has under this Agreement shall be suspended until both parties agree that they should resume. 5. Neither parent shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love and respect for the other parent. 6. Mother and Father desire to make this agreement a Court Order. 7. Father and Mother may modify this agreement by mutual consent. In the absence of such mutual consent, the terms of this Order shall control. 8. Father understands that the Family Law Clinic rePresents only Mother's interests in this matter and has advised him that he should seek the adv/ce of legal counsel. Father understands this and has chosen to proceed without counsel. Robert Howell, Def~~tt Adana Howell, Plaintiff Certified Legal Intern 'c~'t-'ROBErRT E. RAJN~S~'~ THOMAS M. PLACE TERI L. HENNING Superv/sing Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ORDER AND NOW this ¢ es day of Oe~ Agreement is approved and entered as an Order of Court. ., 2001, the above Custody ADANA F. HOWELL, Plaintiff ROBERT D. HOWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01- 5563 CIVIL TERM PROOF OF SERVICE I, Lily L. Cheung, hereby certify that I served a true and correct copy of the Complaint for Custody and the Custody Agreement and Order on the defendant, Robert D. Howell, residing at 309 North East Street, Carlisle, Pennsylvania, 17013, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Robert D. Howell on the 11~ day of October, as evidenced by his signature on the attached green card. Date: October ~_~1~2001 I:1 El n rn 1 Lily L. Cheung d-~/ Certified Legal Intern ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968