Hine v. Wells

10 Pa. D. & C.5th 305
CourtPennsylvania Court of Common Pleas, Berks County
DecidedJanuary 14, 2010
Docketno. 08-15036
StatusPublished

This text of 10 Pa. D. & C.5th 305 (Hine v. Wells) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hine v. Wells, 10 Pa. D. & C.5th 305 (Pa. Super. Ct. 2010).

Opinion

LASH, J,

The matter before this court is the custody action filed by plaintiff, Patricia Hine. [306]*306Trial was held on January 8, 2010. We enter the following findings of fact:

I. FINDINGS OF FACT

(1) Plaintiff, Patricia Hine (Mother), is an adult individual who currently resides at 1111 Green Street, Second Floor, Reading, Berks County, Pennsylvania 19604.

(2) Defendants, Larry Wells and Stacey Wells, are adult individuals currently residing at 3 Summit Circle, Womelsdorf, Berks County, Pennsylvania 19567.

(3) The defendant, Quillen Thrasher (Father), is an adult individual whose last known address is 927 Mulberry Street, Reading, Berks County, Pennsylvania 19601.

(4) Mother and Father are the natural parents of a daughter, Jocelyn Hine, born September 12, 2005.

(5) Mother is also the parent of two other children, Nathanial DiGuardi, born September 10, 1999, and Jeremy Kiwak, bom June 12,2003. Nathanial resides with his paternal grandmother, pursuant to an order of this court entered June 2,2009. That order also provides that Mother has partial custody of Nathaniel on alternate weekends from Friday at 5 p.m. to Sunday at 5 p.m. and one evening per week. The opinion and order of this court entered June 2, 2009 is incorporated by reference into this opinion. Jeremy resides with his father. Jeremy’s father and mother have an informal agreement, permitting Mother to see Jeremy anytime she would like.

(6) The within custody matter is a dispute between Mother and the Wells for physical custody of the minor [307]*307child. The Wells have had physical custody of the minor child since July 31, 2007, initially, as foster parents through dependency proceedings, then through court order on the basis of in loco parentis. The Wells are distantly related to Father, who is the uncle of the Wells’ grandson.

(7) Mother, Father, and the minor child resided together from the minor child’s birth until July 31, 2007.

(8) On July 31, 2007, the Berks County Children & Youth Services (CYS) filed an emergency petition, alleging Father was considered a risk to the safety of the minor child, as well as Mother’s other children.

(9)The petition stems from Father’s conviction in Berks County court of endangering the welfare of a child and simple assault. Father was alleged to have committed “shaken baby syndrome” against a third-party child.

(10) CYS was informed of Father’s conviction on July 30,2007. On that date, CYS proceeded to Mother’s home where they discovered that Father was residing with Mother and was present in the home and Mother was consuming alcohol while involved in the caretaking of her children. CYS then took custody of the children.

(11) On July 31, 2007, Mother’s children were removed from her home. The subject minor child was placed with the Wells as kinship foster parents. The Wells complied with all regulations and requirements necessary to obtain the status of foster parents.

(12) After the minor child and Mother’s other children were declared dependent, CYS made recommendations [308]*308to Mother, requesting her cooperation for the purpose of eventually having her children returned to her. CYS specifically requested that Mother cooperate with parenting education, drug/alcohol evaluations and any treatment recommendations, random urinalysis, mental health evaluations, treatment recommendations, case work services, and visitation with the children.

(13) Mother obtained a psychiatric evaluation by the staff psychiatrist at Berks Counseling Center. She was diagnosed with ADHD and bipolar disorder. She presently takes Prozac, Doxepin and Gobopetin for these conditions.

(14) Mother has participated in four separate parenting education programs, including “Baby College” at Reading Area Community College.

(15) Mother complied with CYS casework services, including receiving supervised visits with the minor child at various agencies.

(16) Mother participated in the BCCYS/Berks Community Action Program Time Limited Family Reunification Program, including parenting education and casework services, with a goal of returning the minor child to her.

(17) Mother submitted to random urinalysis when requested and has never tested positive.

(18) Additionally, prior to the children being declared dependent, Mother had participated through Berks Counseling Center in Maternal Intervention and Supportive services. She continues to participate with these services.

[309]*309(19)On August 20,2008, a dependency review hearing was held before the Honorable Scott D. Keller. This resulted in an order being entered, terminating the dependency of the minor child and awarding custody to the Wells.

(20) CYS had initially sought to have the minor child returned to Mother at the time of the review hearing and had filed a petition to that effect. However, CYS withdrew that petition after it determined that Mother was maintaining contact with Father.

(21) Following the hearing onAugust 20,2008, a CYS caseworker advised Mother that because the agency would no longer be involved in the minor child’s case, she would independently have to contact the Wells to make arrangements to see the minor child and should file a custody action if she wanted the minor child returned to her. Mother then filed the within action on November 12, 2008.

(22) From the time of the initial CYS hearing on July 31, 2007 until the present, Mother’s contact with the minor child has been limited. For the most part, her visits have been supervised, initially with CYS at the courthouse. She also had visits at the Wells’ house, then subsequently at the office of the minor child’s counselor, Jean Scrincosky, based on the Wells’ belief that the visits at the Wells’ home were confusing to the minor child. After a period of time, Ms. Scrincosky declined to provide additional access for these visits, resulting in the visits eventually being scheduled through Catholic Charities, a non-profit agency, who provided supervised visits at no cost to Mother. Additionally, for a period of time during Mother’s residence at a transitional housing [310]*310unit, Mother was permitted unsupervised visits on weekends.

(23) Shortly after the dependency review hearing on August 20,2008, Mother began cohabiting with Father. This lasted for approximately two to three weeks, then Mother sought and obtained a protection from abuse order against Father. She has not had contact with Father since that time.

(24) Mother is currently unemployed and receives SSI benefits.

(25) Mother currently resides in the Reading School District.

(26) Defendant, Stacey Wells, is employed through Adecco Temp Services at the Berks County Prison in the Records Department, working full-time. Defendant, Larry wells, is unemployed but is attending school at Reading Area Community College. He is available to care for the minor child during the day.

(27) Defendant, Stacey Wells, has three other children, all adults, with the youngest, Dorothy Wells Millinger, also being the child of defendant, Larry Wells.

(28) The Wells reside in the Conrad Weiser School District.

II. DISCUSSION

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Bluebook (online)
10 Pa. D. & C.5th 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hine-v-wells-pactcomplberks-2010.