HomeMy WebLinkAbout96-01190
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5006 N OZ 9TH ST
OZARK
$86,900
Property Features:
. 4BORMS
. 2 F/BATHS
. 0 H/BATHS
. 2 GAR CAP
. 1000 -1499 SQ FOOT
. RANCH STYLE
. UNO.CONSTRUCT AGE
e .0.5 AC LOT SIZE
" DINING .. " FIREPLACE .. " GAS ..
KIT/DIN COMBO YES NATURAL
ONE
"ARCHITECfURE" GAS "EQUIPMENT ..
TRADITIONAL ELEC OVEN/RANGE
" INTERIOR .. MICROW A VE
"CONSTRUCfION" CARPETIl'<G DISHWASHER
BRICK/PERM SID VINYL DISPOSAL
TILE AUTO GAR OPENER
" ROOFING .. BURG/FIRE ALARM GAS WTR HEATER
COMPOSITION SMOKE DETECfOR CEILING FANS
CABLE TV
· HEATING" . STREETS ..
FORCED AIR " EXT EXTRAS . ASPHALT
GAS PATIO CURBS &: GUTTERS
" COOLING .. . UTILITY RM . "W A TER/SEWER*"
CENTRAL YES CITY WATER
ELECTRIC SAN IT ARY SEWER
I{i
~tIt
JIM MIKULIN
Rf/MAX HOUSE OF BROKERS
Agent Phone: (417) 841-1109
Office Phone: (417) 887-5333
GOOD FAITH ESTIMATE
P..pared By: IIE.gUllS'r K:lR'rGAGZ 01' HID-AMERICA
3745 SOUTH 1'tlDION'l', SUln A
SPRINGI'IKLD, HO 65804
SPRINGI'IELD, K:l 411-841-1105
AppliclIIonNo: oal.P..pared: 05/07/i8
'1M ,n_on provided bel_ ..1Ioc1o HUmolotl of tho Gh.I\I.. whiG" you ... IIkoly to InGu, 01 tho HlUomon' of you, loan, Tho
....,labld .... ulima" . Iclutil oharg.. mlY be more or I.... Your tranucUon may not InvolVI I 1M for hlry Item lilted.
The numblra IIlled be-'de the ..tlmllr.,. generally torre'rood to the numb.red IIn.. contained 1n thl HUQ..1 HltJem.nl Itltament
whiGh you will be receiving 01 HnJomont Tho HUD-l ..tllomon Ilal.m.nl WIll Ihow you Iho .ctual coal 10, II.m. p.ld .1 ..ltlom.nL
LClANAMOUNT S 76 000.00 INTEREST RATE: 7 _ 250% TERMS: 350 360 Month.
ITEMS PAYABLE IN CONNECTION WITH LOAN:
loan crglnalion Fe.
Lo,," OIacounl
Appr'i... F..
Ctedll R.poIt
Lind'''. In,pedion FH
MOria.ga Sroker F..
Tax RaI.1od Servlco Foo
proca..ing Foo
Und.rwriIJng Foo
WIIo Tron.,., Foo
I'LOOD CER'rII'ICA'rION
App/lGlnll: 'roNY
RICHARDSON
Proporty Addma:
100
101
102
103
804
105
80S
100
al0
all
112
s
250.00
55,00
200.00
JIli'C
21.50
Pi'C
100 ITEMS IIIQUIIIED BY LENDER TO BE PAID IN ADVANCI: I
1101 Inl....11ar 30 d'YlIlll S 15,3056 Plr day S 45i.17 Pi'C
1102 MOIlIlIG' In.uronco P..mlum
1103 Huard Insurance Premium 300.00
004 Tax and AlH.....nl
IIOa VA Funding Foo
1000 RESERVES DEPOSITED WITH LENDER:
1001 Huonl lno......... P..mium. 2 month. IIll S 25.00 p., month S 50.00
1002 Mortaage Inl. Premium Rellrves 2 monlh. IIll S 4i.40 po,monlh i8.80 Pi'C
1004 Taxe. and Aaaeument R."N" 2 month. IIll S 54.00 po, month 108.00
1100 TITLE CHARGES:
1101 Cloalna 01 Eac:row F.a: S 125.00
1101 Document PrePI...Uon Fe.
1108 Notary F...
1107 Attomay Foo.
1101 Tille Inaurance: 305.00
SURVJ:Y (II' NEEDED) 140.00
1200 GOVERNMENT RECORDING & TRANSFER CHARGES:
1201 Recording Fees: S 60.00
1202 CltylCounty TIlC/Slampa:
1203 Slat. TIlC/Sllmps:
1300 ADDITIONAL SETTLEMENT CHARGES:
1302 Pest Inspection S 25.00
"
TOTAL ESTIMATED SETTLEMENT CHARGES
COMPENSATION TO BROKER Nol Plld Out 0' Loan Proceed. :
(0-4' PAID OUT OF CLOSING)
2 li7.47
S
TOTAL ESTIMATED FUNDS NEEDED TO CLOSE:
PuIch... PricolPlYoW S 80 , 000.00
loan Amount 76,000,00
E.1. Cloalng Co.t. l,lBl.50
E.1. P"PIId ll.mllR...N 1,015,97
TOTAL ESTIMATED MONTHLY PAYMENT:
Prindpal & Int....1 S
Olhar Flnandng (P a I)
HaZlrd Insurance
Reel eslall rlXIS
Mortgage Insurance
Homeowner Assn. Du..
518.45
25.00
54.00
49.40
TOlal e.1. Fund. N..dld 10 Clo.. 6 197.47 Tolal Monlhl P. ment 646.85
ThIa Good F.lth E.timat... being provid.d by azogUES'r HOR'rGAGE OF HID-AMERICA ,.1nDl1OaOO
broker, and no k!nder hiS been oblalned. A lender WtU provide you with an additional Good Faith Estimate within three buIIrwM .
dlya of the l'ICIipl of your loan application.
'"'"" lIUmolll.ra provld.d pu..ulnt to tho Rill ElIIII SOlllomonl Procodu... AGI 01 1874, II .m.nd.d (RESPAI. Addltlonolll1fDnMllpn
can be found In the HUD a~lalln'orm.tJon Bookllt. which I. to b. provided to you by your mortglue broklr ot Ilndet The ~ .
acknow6edg.. receipt of the booldet "Se1U8menl COllI.. and It applicable the Conlumer Handbook on ARM MOftgag...'
~t TONY RICHARDSON
Dale
Appllcanl
DoW
ApplicInt
CALYX fonn arl,hp IIH
oal.
Appllcont
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JU~-24-9a WED It:06 HM MEf~I:1 HOU~lt'~
41 788<J'5...."'~.,
".02
Rltflllrt"! R.porl fOl
"1m MlkullA
fh :'W\I~ III "'''',.)1;8r>
Mftb go... "Onlll ntOH
O(#,,\Io"4"...,UI.
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.fro",If.nM.c.'I'.,
866.g800CnIlMlb!
!.l'JT IISKlVOW _ERE Y01l1.&ll8l: And ,.".," II 58.00 C.rflJli:Il'.J,om DOIII/NO'S I'ltZA/
n"V &: nm." 'i-4n.<'.JtJ 11 ,~I.-\.\1
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6082 W. Frm Rd 74
_ ..____M_
Country Home In Wmard. Lealie Option'
nEMEC()N'rACf: Rick or Brenda
A7.:")O.}.(Jf)
K.y J 0,\
DlKECTla'l!l,
F."t1' Fj 1\\"lUliht. ll;OI C,"OIll 44 .:j.:"1
mJl('.'t !1I Willard. lurn rtL(hl ora I.
IIIVv "oJ go 7..10 In,lo to bllnkln!!
y.Uow hllht 1'1' '0' Hwy. Rtf" 011 "0"
ror I 4 nlll~.,.o ~'tm Rd JO". At IO~
lort 7.. II) ,"1I~ "J I"ron Rd N. On
rorl1~r llf JO.c; & 1.1. Orlvvwav to
hou.se I.' 1.,t OI1~ on IUJ"ht 01'74.
1,181'1NG. 043
ADDRIlIIS.
1l0000S:
808:1 W. r'M R" 7"
ull ro, ap"
PHONE, 7~;;. 20.,0
COMllUJNf
FEATURES
HOMEFEAlVRJ!:S
Ru,al.,'Ulng. lI'ack top "'C.14, Will",.. ..hoab,
0011 In A'.... 1.111.",1'. Clt, p....., V." pt.".t.. quid
alrect, "'''''11.....1' on .It. on.......m...l.
.........e utilll,..m h 11100
C.......... hc..t/"I., Rtcpl;ooo, dl.".""o,, .'ove.
""ed, :11/:1"0'.. I........ with pol".....n,
:I 112 ac.o lot, woll w...., hu... u.lll.y ,oom.
new "'n40_..d ,oof, lat'o C-"O, "or...
above tho ,.."S.. n.. .....1 doo.'.
UTCH ot" nOOR PLAN
MAP 01' TtmAJUA
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PIIT INFO:
?
!ll)"l.~
H01\ol8
lV'Jf.t..
I 850.00
12Il'QH!r.
I 760.00
:rn!M
I I year
mI1.
I 1500
Ml'L1CAl1<1'4 fES
I 15.00
--..-------..---
RENT QUALIfiCATIONS; Slandard Melro QuallfiClallons
LEA8ENOTJ:S, Lease option with 100.00 per month loin, towards purchase eaoh mOlllh
LAUNDRY: WID hook.up.ln horn. UTILITIES resldenl
THANK YOU FOR UTIUZING METRO JIOUSING FINDERSI
tnfonl"~lo" 4....II.d c.lhbl. bljt not <Ju41'.nt...",d al,lbJ.c, to chan9. vlt.hollt notice.
Please present this portion at... 6082 W. {<'rm Rd 74
WI; al'~ pkAS~d to lnlrod\lC'c... Jim Mlkulin
6.:14.98
11.47 AM
Thank youJor utUld"g
METRO HOUSING FINDERSI
889.3880
lyrE or lI'.II~G llRO:\ZI'
l\Ion' III O"le... 7.1.08
Pl~a3" COUlcl<: 1 MARK 10 wht:'n JiIU'.h'lQ~I!" to Ii''-+; "t 6092 W. Frm Rd 74
. .
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
No. 96-1190 CIVIL TERM
MELINA V. GUYER,
Plalntiff
ANTHOHY WILLIAM RICHARDSON,
Defandant
.
.
ORDER OF COURT
AND NOW, this 3rd day of December, 1997, upon
consideration of the Plaintlff's Complaint for Modification of
C\ls~ody with respac~ ~o the parties' children, Michael Anthony
Richardson (date of birth, December 4, 1989) and Felicia Ann
Richardson (date of birth, December 17, 199a), and pursuant to
an agreement reached between ~he parties and counsel in open
cour~, i~ is ordered and directed that the Order of Court dated
July 18, 1996, and the Amending Order of Court dated June 9,
1997, shall be amended as follows:
1. Paragraph 3 of the July 18, 1996, order shall
read: Phyeical custody shall be handled as follows:
(A) The father shall have primary physical
cus~ody.
(B) The mother shall have temporary physical
custody every other week, beginning the Friday after school lets
out and ending the Friday before school begins.
(C) During the school year, the mother shall
have temporary physical custody every other weekend from Friday
between 7 and 8 p.m. until Sunday at 5 p.m., beginning December
13, 1997. Transfer of custody will take place at the parties'
residences.
2. Paragraph 9 of the July 18, 1996, order shall
be deleted and replaced with: The mother shall have a phone
installed by January 1998.
3. paraqraph 10 as provided for ln the June 9,
1997, order shall be deleted and replacad with: The partles
shall keep each other infor.ed of the na.es and phone numbers of
their reqular baby-sitters.
.. Paraqraph 13 of the July 18, 1996, order
shall be deletad.
5. Paragraph 13 as provided for ln the June 9,
1997, order shall be amended to read as follows: At all times
the partie. shall keep each other advi.ad of their pre.ent
residence. and telephone numbers and the location of the
children.
In all other respects, the orders of July 18,
1996, and June 9, 1997, shall remain in full force and effect.
By the Court,
J
.
ROBERT J. MULDERIG, ESQUIRE
For the plaintiff
JOAN CAREY, ESQUIRE
For the Defendant
r,-'f~"'" (l.......c...t
/:1#{47,
A'~'
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.......a.!
.
. .
MELIHA V. GUYER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
No. 96-1190 CIVIL TERM
v.
ANTHONY W. RICHARDSON,
Defendant
ORDER OF COURT
AND NOW, this 9th day of June, 1997, upon
consideration of the Defendant's Petition for Special Relief,
civil contempt and Modification of custody Order with respect to
the parties' children, Michael Anthony Richardson (d.o.b.
December 4, 1989) and Felicia Ann Richardson (d.o.b. December
17, 1992), and following a hearing, it is ORDERED and DIRECTED
as follows:
1. Plaintiff is found to have intentionally,
voluntarily, and willfully failed to comply with the Order of
Court dated July 18, 1996, by exercising periods of physical
custody in the presence of Michael crouse, she J.s adjudicated in
contempt, and she is sanctioned to pay the sum of $100.00.
2. The Order of Court dated July 18, 1996, is
amended pending further Order of Court with respect to paragraph
10, so that the paragraph reads as follows:
10. During the summer of 1997, and during
the summers thereafter, mother's period
of custody shall be alternating weekends
as long as she continues to remain in
l
I
I
.
. .,
the home where Mr. Crouse re.ld.s. Upon
mother .ettlng up a separate reeldence,
mother shall enjoy custody under the
schedule as set forth above.
The order is also amended to add a paragraph
13, reading as follows:
13. At all tlmes, the parties shall keep
each other advised of their pr.sent
resldences and the location of the
children.
3. In all other respects, the Order of court
dated July 18, 1996, shall remain in full force and effect,
without prejudice to elther party's right to seek modification
of the order utillzing the normal custody conciliatlon process.
ROBERT J. MULDERIG, ESQUIRE
For the Plaintiff
,.~..."m..J,.(tt./J1II'i'l.
~~~ .~.f.
JOAN CAREY, ESQUIRE
Legal services, Inc.
For the Defendant
wcy
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..... I.
9' II.'
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v.
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:
:
:
:
:
:
:
IN THE COURT OF COMMON PLEAS 01'
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 1190 CIVIL TERM
MELINA V. GUYER,
Plaintiff
ANTHONY WILLIAM RICHARDSON,
Defendant
: CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this ~ day of _ -----;-L
consideration of the attached c~ncillation
ordered and directed as follows:
, 1996, upon
Report, it is
1. This Court's prior Order of June 13, 1996, is VAcated.
2. The F.Jther, Anthony William Richardson, and the Hother, Helina
V. Guyer, shall enjoy shared legal custody of Felicia Ann
Richardson, born DlJcember 17, 1992, and Michael Anthony
Richardson, born December 4, 1989.
3. Legal custody shall be handled as follows:
(A) The Father shall enjoy physical legal custody ot the
minor children during the school year, with the Mother
enjoying physical custody of the minor children during
the summer months.
(B) Hother's period of physical custody in the summer shall
start two days after the children are released tram
school with the children being returned to the Father the
Friday before school starts in the fall. During the
summer months, Father shall enjoy temporary custody on
alternating weekends on Friday evening until Sunday
evening. Additionally, Father shall enjoy one __.II:
vacation with the children in the summer, with the Father
giving the Hother notice as to when he intends to
exercise vacation in writing on or before June 1 at each
year.
(C) During the school year, Father shall have physical
custody, with the Hother enjoying periods of temporary
custody on alternating weekends from Friday evening untJl
Sunday evening.
4. The Mother shall be provided with time to enjoy the children's
birthdays, the time to be arranged between the parties either
on the date of the birthday or on the day before or
immediately after the child'. birthday.
s. Christmas holidays shall be alternated with the timeframes
being lrom Christmas Eve at 10100 a.m. until Christmas Day at
10100 a.m. and Christmas Day at 10:00 a.m. until December 26th
at 10:00 a.m. This shall be alternated between the parties
with the Father having the first portion in 1996 with the
parties alternating thereafter.
6. The Easter and Thanksgiving holidays shall be alternated
between the parties with the timeframes for each holiday being
lrom liednesday evening until Sunday evening. For Thanksgiving
1996, the Mother shall have custody with the Father having
Easter in 1997, and the parties alternating thereafter.
7. The parties shall attempt to handle their alternating weekend
schedules so that the Father has the children on Father's Day
and the Mother has the children on Mother's Day. The parties
shall modify their schedule to accommodate that requirement,
even if the modification results in the parties having the
children lor two successive weekends.
B. Neither party shall consume any illegal drugs or have illegal
drugs or drug activity in their home during the time that they
have custody of the minor children. Additionally, the
children shall not be exposed to any type of illegal drugs or
drug activity. Additionally, neither party shall engage in
any alcohol abuse while they have custody 01 the minor
ohildren.
9. lihen Mother exercises custody with the minor children, she
shall not exercise custody in the presence of Michael Crouse.
10. For the remainder of the 1996 summer, Mother's period of
custody shall be al ternating weekends as long as she continues
to remain in the home where Mr. Crouse resides. Upon Mother
setting up a separate residence, Mother shall enjoy custody
under the schedule as set forth above.
11. Transportation shall be shared between the parties, with the
non-custodial parent picking up the children, unless the
parties agree otherwise.
,
12. This Order is entered pursuant to an agreement reached by the
parties at a Custody Conciliation Conference. In the event
either party desires to modify the Order, the party may
petition the Court to have the case again heard by the Custody
Conciliator.
By the Court,
CCI
1P-
J esley 01
David J. Spotts, Esquire _ C . 'l>.",:.e{ 'III"'}""
Joan E. Carey, Esquire '1"-"'" I.
.....1 P.
.
.
HELINA V. GUYER, : IN THE COURT OF COMMON PLEAS OF
PlaintUt : CUMBERLAND COUNTY, PENNSYL VANIA
:
v. : CIVIL ACTION - LAW
.
.
ANTHONY WILLIAM RICHARDSON, : NO. 96 - 1190 CIVIL TERM
De tendant :
: CIVIL ACTION - CUSTODY
PRIOR JUDGE:
HONORABLE J. WESLEY OLER, JR.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b}, the undersigned Custody Conciliator submits the
following report:
1. The informatioiJ pertaining to the children ",ho are subject ot
this litigation is as follo",s:
Felicia Ann Richardson, born December 17, 1992
Hichael Anthony Richardson, born December 4, 1989
2. A Conciliation Conference ",as held on July 3, 1996, with the
follo",ing individuals in attendance:
The Mother, Helina V. Guyer, ",ith her counsel, David Spotts,
Esquire, and the Father, Anthony W. Richardson, with his
counsel, Joan Carey, Esquire.
3. The parties agree to the entry of an order in the form as
attached.
;-;!hlq~
Date
.
""J I 1 ,,(.oiL
'...,,--, I , ::. 1JU
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 1190 CIVIL TERM
MELINA V. GUYER,
Plaintiff
.
.
.
.
v.
.
.
.
.
ANTHONY WILLIAM RICHARDSON,
Defendant
.
.
.
.
: CIVIL ACTION - CUSTODY
tL.
AND NOW, this I~ day of ~\A.1Jc.
consideration of the attached Custody Conciliation
ordered and directed as follows:
COURT ORDER
, 1996, upon
Report, it is
1. A third conciliation conference is scheduled for Wednesday,
July 3, 1996, at 10:30 a.m. at the 4th Floor Conference Room,
Cumberland County Courthouse, Carlisle, Pennsylvania.
2. In the interim, the Father, Anthony William Richardson, shall
continue to have primary physical custody of the minor
children, Felicia Ann Richardson, born December 17, 1992, and
Michael Anthony Richardson, born December 4, 1989. This is a
temporary order subject to modification after the next
conciliation conference or after a court hearing. Mother
shall have temporary custody of the minor children between now
and the next conciliation conference from Thursday, June 20,
until Sunday, June 23. Unless the parties agree to the
contrary, Mother shall pick the children up at Father's home
on Thursday, June 20 at 5:00 p.m., and Father shall pick the
children up at Mother's home on Sunday, June 23 at 5:00 p.m.
3. Neither party shall consume any illegal drugs or have illegal
drugs or drug activity in their home during the time that they
have custody of the minor children. Additionally, the
children shall not be exposed to any type of illegal drugs or
drug activity. Additionally, neither party shall engage in
any alcohol abuse while they have the custody of the minor
children.
4. The above order for custody is temporary in natut"e and subject
to modification at the custody conciliation conference.
BY THE COURT,
J
cc: David J. Spotts, Esquire
- C.
Joan E. Carey, Esquire
,.,..~...:J. ,l lD 11'1 ~ ", .
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MELINA V. GUYER, . IN THE COURT OF COMMON PLEAS or
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. I CIVIL ACTION - LAW
.
.
ANTHONY WILLIAM RICHARDSON, I NO. 96 - 1190 CIVIL TERM
Defend<lnt I
: CIVIL ACTION - CUSTODY
PRIOR JUDGE I HONORABLE J. WESLEY OLER, JR.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULB OF PROCEDURE
191'.J-8(bJ, the undersigned Custody Conciliator submits the
following report:
1. The inform<ltion pertaining to the children who are subject of
this litigation is as follows:
'elicia Ann Richardson, born December 17, 1992
Michael Anthony Richardson, born December 4, 1989
2. A Conciliation Conference was held on June 7, 1996, with the
following individuals in attendance:
7'he Father, Anthon.y William Richardson, with his counsel, Joan
Carey, Esquire, and David Spotts, Esquire, who is counsel lor
the Mother, Melina V. Guyer. The Mother was not able to
attend the conference because of a family emergency.
J. The pl-rties agree to the entry of an order in the form as
attached.
&( ~Y&
Date
MEUNA V. GUYER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 96 .1190 CIVIL TERM
ANTHONY WlWAM RICHARDSON, : CIVIL ACTION. CUSTODY
Defendant
f,ETITION FOR SPECIAL RELIEF
AND NOW, comes the Plaintiff, Melina V. Guyer, by and through her counsel,
Robert J. Mulderig, Esquire and files this Petition for Special Relief and states as
follows:
1. Plaintiff is Melina V. Guyer, an adult individual whose residence Is at 136
Gettle Avenue, Shippensburg, Cumberland County, Pennsylvania.
2. Defendant is Anthony WIlliam Richardson, an adult individual who
currently resides at 3660 Morgan Court, Dumfrles, Virginia.
3. The parties are the natural parents of Michael Anthony Richardson, bom
December 4, 1989 and Felicia Ann Richardson, bom December 17, 1992, hereinafter
referred to as the children.
4. Pursuant to Custody Orders entered by this Honorable Court on July 18,
1996, June 9, 1997, and December 3,1997, Father has primary physical custody of
the children subject to periods of temporary physical custody in the Mother. Copies
of the Orders are attached as Exhibit A and incorporated herein.
I 5. Under the current Custody Order Mother has alternating weekends of
II temporary custody during the school year and altemating weeks of custody during
I
the summer vacation, plus altemating holidays.
4
c. It is specifically denied that the mother's
relatlonship with the children would be drastically
severed slnce the father will continue to foster the
children's relationship with their mother and provide
her time with the children comparable to periods of
time she currently spends with them.
8. Admitted in part; denied in part.
a. It is admitted the children's best interest would be
served if the mother maintains a close relationship
with them.
b. However, lt is denied that the mother has
maintained a close relationship with the children.
Often the mother has not exercised her court ordered
periods of partial custody. In fact, since the court
order of December 3, 1997, the mother has only
exercised her weekend periods of custody three times.
The father on the other hand, has attempted to maintain
contact with the children and the mothor, and during
the spring Break in 1998, he and his wife initiated
contact with the mother to set up a period of
visitation while the children were out of school.
9. Denied. If is specifically denied that tha father's
intention is to frustrate the mother's custody rights. The
father's motivation tor relocating with his family to Missouri i.
to substantially improve their quality of life in ways including
4
the following:
a. Relocation would enhance the father's financial
situation because he is currently unemployed and has
been offered a fulltime job in Missouri.
b. The father has family ties in the Missouri area,
and, therefore, has a support system. The father has
aunts and uncles in the Missouri area, and the paternal
grandfather, who currently lives in Virginia and who
has a close and loving relationship with the children
will be returning to the area to establish residence in
a few months when he retires.
c. The cost of living in Missouri is cheaper than the
cost of living in the Virginia/ Washington D.C. area.
d. The father will be able to provide better housing
for the family. The family currently lives in a three
bedroom townhouse in Virginia; in Missouri the family
will move into a four bedroom house which will
provide more space for the children including the child
that the father and his wife are expecting in July
1998.
WHEREFORE, the defendant requests that this court enter an
order allowing him to maintain primary custody of his children,
relocate to Missouri with them, and substitute the mother's
existing periods of partial custody with a comparable schedule as
the court sees fit or as the parties agree.
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: IN THE COURT OF COMMON PLEAS 01'
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
:
:NO: 96-1190 CIVIL TERM
: IN CUSTODY
ANTHONY WILLIAM RICHARDSON,
Detendant
Prior Judge: J. Wesley Oler, Jr.
CONCILIATION CONFERENCE S(1)K\RlI' .REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE 01' PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
lollo",ing report'
1. The pertinent information pertaining to the children ",ho are
the subject 01 this litigation is as follo",s,
Hichael Anthony Richardson, born December 4, 1989, and FelicJ.a
Ann Richardson, born December 17, 1992.
2. A Conciliation Conference was held on October 9, 1997, ",J.th
the follo",ing individuals in attendance,
The Hother, Helina V. Guyer, ",i th her counsel, Robert J.
Hulderig, Esquire, and the Father, Anthony William Richardson,
",ith his counsel, Joan E. Carey, Esquire.
3. The existing Order is from July 1996 which ",as modilied in
June 1997. Essentially, the Order provides Father has pri.Jllary
physical custody with Mother having periods 01 temporary
physical custody. The June 1997 Order modified Mother'.
periods of temporary custody to restrict her time when she has
the children in the presence of her live-in boyfriend, Hr.
Crouse. Mother now petitions the Court to have that
restriction lifted and to al ternate the week"nd custocUal
arrangements because 01 a change in her work schedule. Father
counters with a Petition lor Special Relief requesting that
Pennsylvania should decline to exercise jurisdiction at this
particular time and that the Courts 01 Virginia should hear
the case.
"
4. The parties are willing to enter into stipulated facts for
purposes of addressing the jurisdictional issue. II the Court
would then decline jurisdiction, proceedings would have to be
initiated in Virginia. If the Pennsylvania Court was going to
continue assuming jurisdiction, the case would then need to be
scheduled for a hearing because the parties were unable to
reach an agreement on the Mother's request for modification of
the Order.
5. For purposes of disposition of Mother'. Petition for Special
Relief on the jurisdictional issue, the parties agree to the
following facts:
A. The two minor children invol ved are Miahael Anthony
Richardson, born December 4, 1989, and Felicia Ann
Richardson, born December 17, 1992.
B. The natural parents are Melina V. Guyer and Anthony
William Richardson, who were never married.
C. The Mother, Melina V Guyer, reside. at 116 Gettle Avenue,
Shippensburg, Cumberland County, Pennsylvania 17257.
D. The Father, Anthony William Richardson, re.ides at 3660
Morgan Court, Dumfries, Virginia 22026.
E. Although the parties have two children, they were never
married. They lived together for a period of time and
.eparated in the summer of 1994.
F. After separation, Father moved to Fairfax County,
Virginia, and has lived in Virginia since that time but
has recently moved to Prince William County which is
adjacent to Fairfax County.
G. Since separation in the summer of 1994, Mother has
continued to reside in Cumberland County, Pennsylvania.
H. Mother initiated a custody action in Cumberland County in
1996. Jurisdiction, or lack thereof, was addressed at
that time and by Order of May 3, 1996, this Court
determined it would exercise jurisdiction over the
partieB' custody dispute.
I. Since May of 1996, the children have resided with their
Father in Virginia.
J. Since May of 1996, the Mother had custody with the
children in the summer of 1996 when she was in Baltimore
with her family and the children remained in Baltimore
with Mother and her family during the BUnuJler months.
Since that time from September 1996 through June 1997,
Mother had the children every other weekend in
Pennsylvania. Father suggests that Mother may not have
exercised every other weekend from January through June
1997 and that her time with the children was sporadic at
best.
K. In June of 1997, Father petitioned this Court for a
request for special relief, civil contempt and
modification of the Custody Order. By Order of June 9,
1997, this Court did modify the existing Custody Order
and did find the Mother in contempt. The modification
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Memorandum, upon Joan Carey,
COWIIeI for Defendant, by depositing llUIIe In the United Statu Mall. ftrat clala, JlOI&aie pre-paid on
the 31st day of October, 1997, from CarUale, Pennsylvania, addressed as foUows:
JOllIl Carey, Eequire
LepI Services, Inc.
8 IrvIne Row
Carlisle, P A 17013
TURO LAW OFFICES
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32 South eo~
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
.
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
MELINA V. GUYER,
plaintiH
ANTHONY WILLIAM RICHARDSON,
Defendant.
NO. 96-1190 CIVIL TERM
PETITION FOR SPECIAL RELIEF
The petitionar/Defendant, Anthony William Richardon, by and
through his attorney, Joan Carey, of Legal Service, Inc., states
the followinq:
1. The Petitioner/Defendant, hereinafter referred to as
the father, is an adult individual who currently resides at 3660
Morgan Court, Dumtries, Virginia 22026.
2. The Respondent/Plaintiff, hereinafter referred to as
the mother, is an adult individual who currently resides at 136
Gettle Avenue, Shippensburg, pennsylvania 17257.
.) . The parties are the parents of Michael Anthony
Richardson born December 4, 1989, and Felicia Ann Richardson,
born December 17, 1992, hereinafter referred to as the children.
4. The father initiated a custody action in Fairfax
County, virginia on February 26, 1996. On or about March 6,
1996, the mother filed a Custody complaint in the Court of Common
Pleas of CUmberland County, pennsylvania. The father challenged
Pennsylvania's jurisdiction and an Order was entered May 3, 1997
in which Pennsylvania assumed jurisdiction.
5. By this court's orders of June 13, 1996 and July 18,
1996 the father has had primary custody of the children in
virginia.
~
6. On or about June 9, 1997, a hearing was held and an
Order ent~red finding the mother in contempt of the Order of July
18, 1996 and restricting her summer visitation to every other
weekend as long as she remains in the residence with Michael
Crouse.
7. On or about August 19, 1997, the mother filed a
complaint for Modification of Custody in the Court of Common
Pleas, cumberland County, Pennsylvania and a conciliation
conference was scheduled for September 25, 1997.
8. Pursuant to 23 Pa. C.S.A. Section 5344, Pennsylvania
does not have jurisdictlon to modify the Order for the following
reasons:
a. virginia has been the residence of the children
for more than six (6) months:
i. Michael Anthony Richardson has resided
in virginia since on or about December 1994,
and
ii. Felicia Ann Richardson has resided in
virginia since on or about January 1995.
b. The children have left Virginia to visit with the
mother for limited periods only at or about the
following times:
i. On or about September 1995 to December
25, 1995, Felicia Ann Richardson visited her
mother in Shippensburg, Pennsylvania.
ii. On or about July 18, 1996 to August,
1996 the childr~n visited their mother in
Baltimore, Maryland, with the father having
visits every other weekend during that time.
iii. On other occasions, the mother has
exercised her visitation wi\;h the children
only on a sporadic and limited basis.
iv. Since the June 9, 1997 Order, the mother
has tailed to have contact with the chlldren
either in pennsylvania or Virginia.
c. The children have a significant connection with
Virginia and substantial evidence regarding their
present and future care and training is in Virginia for
rea.ons including but not limited to, the following:
i. The children reside in Dumfries,
Virginia, with their father, stepmother, and
step-sister.
ii. Michael Anthony Richardson has attended
Kindergarten and first grade at the Crestwood
Elementary School in springfield, Virginia
and is currently enrolled in second grade at
the cumfries Model Elementary School in
Dumfries, Virginia.
iii. Felicia Ann Richardson has attended
daycare in the springfield, Virginia area and
will be attending the Hiniland Private
Dayschool, in Triangle, Virginia within the
the next two weeks when her stepmother
returns to work.
lv. The chl1dren's paternal grandfather
reside. in Virginia.
v. The chl1dren'. pediatrician is located
in Springfield, Virginia and their dentist is
located in Dumfries, Virginia.
vi. Michael Anthony Richardson is currently
enrolled in the Cub Scouts in Dumfries,
Virginia.
vii. The children attend the Baptist Church
in Dumfries, Virginia.
d. Pennsylvania is an inconvenient forum in which to
litigate custody since the father, the children and the
father's witnesses are in virginia, and the continued
exercise of jurisdiction by this court would contravene
the stated purposes of the child custody juriSdiction
statute at Pa. C. S. A. section 5342 (2) (3) and (4).
9. It is in the best interests of the children for the
Juvenile and Domestic Relations District Court of Fairfax county,
Virginia, to decide the custody case because virginia, not
Pennsylvania, is the home state of the children, the children
have significant connections with Virginia, and substantial
evidence concerning the present and future care, protection,
training, and personal relationships of the children are
availabl& in virginia.
10. At a custody concl1iation before Hubert X. Gilroy,
Esq. on April 12, 1996, the conciliator concluded that both
Pennsylvania and Virginia had jurisdiction because the daughter
had re.ided in Pennsylvania within slx (6) months of that time.
However, at this time both children have resided in Virginia for
more than the last six months.
11. The rather, who is indigent, qualifles for
representation by Legal Services, and he cannot afrord to travel
to Pennsylvania with his children. Therefore, pursuant to 23 Pa.
C.S.A. Section 5345, if the court requires him to appear in
cumberland County, he requests that the mother be ordered to pay
travel and lodging costs, and any other expenses required to
litigate the matter ln Pennsylvania.
WHEREFORE, the Defendant requests the following relief:
a. That this Court decline jurisdiction
because virginia is the home state of the
children pursuant to 23 Pa. C.S.A. section
5344, most of the evidence about the children
and their care is available in virginia, and
it would be in the best interests of said
children that a Virginia court assume
jurisdiction over this matter.
b. order the plaintiff to pay travel and
lodging costs, and any other expenses
required to litigate this matter in
Pennsylvania.
MELINA V. GUYER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
I
I
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I
I
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I
NO. 96-1190 CIVIL TERM
ANTHONY W. RICHARDSON,
Defendant
ORDER OF COURT
AND NOW, thh ;0 rr, day of May, 1997, upon consideration of
Defendant's Petition for Special Relief, Civil Contempt and
Modification of Custody Order, a hearing is SCHEDULED for Monday,
June 9, 1997, at 9100 a.m., in Courtroom No.5, Cumberland County
Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
. / I -' /
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JJwesley Ole~r., J.
Melina V. Guyer
132 Gettle Avenue
Shippensburg, PA 17257 - ..oo41l:X '~Ilk-( ~j.~./T7
Plaintiff, Pro Se
Joan Carey, Esq. I? If
Legal Services, Inc. - LOf'/ rCIl:'<.Jo.J:J 'f 9..)~d
8 Irvine Row
Carlisle, PA 17013
Attorney for Defendant
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3. The mother has willfully failed to abide by the Custody
Order in ways including the following:
a. She has allowed the children contact with Michael
Crouse in situations including, but not limited to, the
following:
i) The mother resumed residing with Michael
Crouse following entry of the Custody Order and
made no effort to keep him away from the children
during her periods of custody.
ii) The mother has left the children alone with
Michael Crouse and in his care.
b. To the best of the father's knowledge, the mother
has allowed the children to be exposed to illegal drug
activity.
4. The Custody Order of July 18, 1996, should be modified
to grant the father primary physical custody subject to
visitation with the mother at times and places agreed upon by the
parties for reasons including the following:
a. The mother has consistently and voluntarily failed
to exercise her periods of partial custody under the
current Custody Order, having seen the children only
once since December, 1996.
b. When the mother has had the children, she has
exposed them to Michael Crouse, who has a history of
violent behavior and substance abuse and has continued
such behavior in the presence of the children, adversly
affecting them in ways including the following:
i. On December 25, 1996, Michael Crouse assaulted
the mother in front of the children. The mother
then fled the house, leaving the children alone
with Michael Crouse, causing them to fear for
their safety.
ii. Michael Crouse has been stalking the mother
since the termination of her relationship with
him, in or about March, 1997.
c. The mother neglects the children in ways including
the following:
i) The children are required to prepare their own
food while unsupervised by an adult.
ii) The seven year old child is required to bathe
and take care of the four year old child while
unsupervised by an adult.
d. The mother has a history of substance abuse which
interferes with her ability to care for the children.
e. The mother has indicated that she will be staying
in a homeless shelter and, therefore, lacks adequate
housing for the children for an extended period of
custody in the summer.
f. To the best of the father's knowledge, the mother
has indicated? desire to resume living with Michael
Crouse after her time limit to stay in the shelter has
expired.
g. The mother cont Inues to have contact with Michael
Crnuqe, and had a violent controntation with him on or
about March 28, 1997.
h. It is not in the best interests of the children to
sp'Hld extendecl periods of time with the mother due to
the In">tabil ity in her lite.
~. For the reasons stated in paragraphs 3(a), 31b) and
4(c) through (fl, the father requests that the mother's custody
rlghtr. granted in the Order of July 18, 1996, be temporarily
suspended pending further Order after a Conciliation Conference.
WHFAEFOAF, the Petitioner, Anthony William Richardson, requests
the folll)wlng reI ief:
I. That the Court enter a Temporary Order suspending the
Respondent's custody rights granted in the Order of July 18,
19ge.
2. That the mother be held in contempt ot court and be
tined and/or imprisoned.
3. That the Custooy Order of ,J'lly 18, 1997, be modified to
grant the Petitioner primary custody of the parties' minor
children subject to perioos of supervised visitation by the
respondent.
.'
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MELINA V. GUYER, : IN THE COURT 0' COHHON PLEAS 01'
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . CIVIL ACT10N - LAW
.
.
.
ANTHONY WILLIAM RICHARDSON, . NO. 96 - 1190 CIVIL TERM
.
Defendant .
.
: CIVIL ACTION - CUSTODY
COURT ORDER
AND NOPi, this r; It day of ~
consideration ~ attached Custo y nciliation
ordered and directed as follows:
, 1996, upon
Report, it is
1. This Court's prior Order of June 13, 1996, i. vacated.
2. The 'ather, Anthony liilliam Richardson, and the Mother, Melina
V. Guyer, shall enjoy shared legal custody of 'elicia Ann
Richardson, born December 17, 1992, and Michael Anthony
Richardson, born December 4, 1989.
3. Legal custody shall be handled as follows:
(A) The Father shall .njoy physical legal custody of the
minor children during the school year, with the Mother
enjoying physical custody of the minor children during
the Bummer months.
(B) Hother's period of physical custody in the summer shall
start: two days after the children are released from
school with the children being returned to the Pather the
Friday before school starts in the fall. During the
summer months, Father shall enjoy temporary custody on
alternating weekends on Friday evening until Sunday
evening. Additionally, Father shall enjoy one week
vacation with the children in the summer, with the Father
giving the Mother notice as to when he intends to
exercise vacation in writing on or before June 1 of each
year.
(C) During the school year, Father shall have physical
custody, with the Mother enjoying periods of temporary
custody on alternating weekends from Friday evening until
Sunday evening.
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I
4. The Mother shall be provided with time to enjoy the children's
blrthdays, the time to be arranged between the parties either
on the date of the birthday or on the day before or
immediately after the child's birthday.
5. Christmas holidays shall be alternated with the timeframes
being Irom Christmas Bve at 10:00 a.m. until Christmas Day at
10:00 a.m. and Christmas Day at 10:00 a.m. until December 26th
at 10100 a.m. This shall be alternated between the parties
w:i.th the 'ather having the first portion in 1996 with the
part:i.es alternating thereafter.
6. The Easter and Thanksgiving holidays shall be alternated
between the parties with the time frames for each holiday being
from Wednesday evening until Sunday evening. 'or Thanksgiving
1996, the Mother shall have custody with the Father having
Easter in 1997, and the parties alternating thereafter.
7. ~heparties shall attempt to handle their alternating weekend
schedules so that the Father has the children on 'ather's Day
and the Mother has the children on Mother's Day. ~he parties
shall modify their schedule to accommodate that requirement,
even il the modification results in the parties having the
children for two successive weekends.
8. Neither party shall consume any illegal drugs or have illegal
drugs or drug acUvity in their home during the time that they
bave custody 01 the minor children. Additionally, the
children shall not be exposed to any type of illegal drugs or
drug activity. Additionally, neither party shall engage in
any alcohol abuse while they have custody of the minor
children.
9. When Mother exercises custody with the minor children, she
shall not exercise custody in the presence of Michael Crouse.
10. 'or the remainder of the 1996 summer, Mother's period of
custody shall be a.lternating weekends as long as she continues
to remain in the home where Mr. Crouse resides. Upon Mother
setting up . separate residence, Mother shall enjoy custody
under the schedule as set forth above.
11. Transportation shall be shared between the parties, with the
non-custodial parent picking up the children, unless the
parties agree otherwise.
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUN'fY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 96-1190 CIVIL TERM
MELINA V. GUYER.
plaintiff
ANTHONY WILLIAM RICHARDSON,
Defendant
PETITION FOR SPECIAL RELIEF
The Petiti~ner/Defendant, Anthony William Richardon, by and
through his attorney, Joan Carey, of Legal Service, Inc., states
the following:
1. The Petitioner/Defendant, hereinafter referred to as
the father, is an adult individual who currently resides at 3660
Morgan Court, Dumfries, Virginia 22026.
2. The Respondent/plaintiff, hereinafter referred to as
the mother, is an adult individual who currently resides at 136
Gettle Avenue, Shippensburg, Pennsylvania 17257.
3. The parties are the parents of Michael Anthony
Richardson born December 4, 1989, and Felicia Ann Richardson,
born December 17, 1992, hereinafter referred to as the children.
4. The father initiated a custody action in Fairfax
County, Virginia on February 26, 1996. On or about March 6,
1996, the mother filed a Custody Complaint in the Court of Common
Pleas of Cumberland county, Pennsylvania. The father challenged
Pennsylvania's jurisdiction and an Order was entered May 3, 1997
in which Pennsylvania assumed juriSdiction.
5. By this court's orders of June 13, 1996 and July 18,
1996 the father has had primary custody of the children in
Virginia.
6. On or about June 9, 1997, a hearing was held and an
Order e~tered finding the mother in contempt of the Order of July
18, 1996 and restricting her summer visitation to every other
weekend as long as she remains in the residence with Michael
Crouse.
7. On or about August 19, 1997, the mother tiled a
Complaint for Modification of Custody in the Court of Common
Pleas, Cumberland County, Pennsylvania and a conciliation
conference was scheduled for September 25. 1997.
8. Pursuant to 23 Pa. C.S.A. section 5344, Pennsylvania
does not have jurisdiction to modify the Order for the following
reasons:
a. virginia has been the residence of the children
for more than six (6) months:
i. Michael Anthony Richardson has resided
in Virginia since on or about December 1994,
and
ii. Felicia Ann Richardson has resided in
Virginia since on or about January 1995.
b. The children have left virginia to visit with the
mother for limited periods only at or about the
following times:
i. On or about September 1995 to December
25, 1995, Felicia Ann Richardson visited her
mother in Shippensburg, Pennsylvania.
ii. On or about July 18, 1996 to August,
1996 the children visited their mother in
Baltimore, Maryland, with the father having
visita every other weekend during that time.
iii. On other occasions, the mother has
exercised her visitation with the children
only on a sporadic and limited basis.
iv. Since the June 9, 1997 Order, the mother
has failed to have contact with the children
either in Pennsylvania or virginia.
c. The children have a significant connection with
Virginia and substantial evidence regarding their
present and future care and training is in virginia for
reasons including but not limited to, the following:
i. The children reside in Dumfries,
Virginia, with their father, stepmother, and
step-sister.
ii. Michael Anthony Richardson has attended
Kindergarten and first grade at the Crestwood
Elementary School in Springfield, Virginia
and is currently enrolled in second grade at
the Dumfries Model Elementary School in
Dumfries, Virginia.
iii. Felicia Ann Richardson has attended
daycare in the Springfield, Virginia area and
will be attending the Miniland Private
Dayschool, in Triangle, Virginia within the
the next two weeks when her stepmother
returns to work.
iv. The children's paternal grandfather
resides in Virginia.
v. The children's pediatrician is located
in Springfield, virginia and their dentist is
located in Dumfries, Virginia.
vi. Michael Anthony Richardson is currently
enrolled in the Cub Scouts in Dumfries,
Virginia.
vii. The children attend the Baptist Church
in Dumfries. virginia.
d. Pennsylvania is an inconvenient forum in which to
litigate custody since the father, the children and the
father's witnesses are in Virginia, and the continued
exercise of jurisdiction by this court would contravene
the stated purposes of the child custody jurisdiction
statute at Pa, C. S. A. section 5342 (2)(3) and (4).
9. It is in the best interests of the children for the
Juvenile and Domestic Relations District Court of Fairfax County,
Virginia, to decide the custody case because Virginia, not
Pennsylvania, is the home state of the children, the children
have significant connections with Virginia, and substantial
evidence concerning the present and future care, protection,
training, and personal relationships of the children are
available in Virginia.
10. At a custody conciliation before Hubert X. Gilroy,
Esq. on April 12, 1996, the conciliator concluded that both
Pennsylvania and Virginia had jurisdiction because the daughter
had resided in Pennsylvania within six (61 months of that time.
However, at this time both children have resided in virginia for
more than the last six months.
11. The father, who is indigent, qualifies for
representation by Legal Services, and he cannot afford to travel
to Pennsylvania with his children. Therefore, pursuant to 23 Pa.
C.S.A. section 5345, if the court requires him to appear in
Cumberland County, he requests that the mother be ordered to pay
travel and lodging costs, and any other expenses required to
litigate the matter in Pennsylvania.
WHEREFORE, the Defendant requests the following relief:
a. That this Court decline jurisdiction
because Virginia is the home state of the
children pursuant to 23 Pa. C.S.A. Section
5344, most of the evidence about the children
and their care is available in virginia, and
it would be in the best interests of said
children that a Virginia court assume
jurisdiction over this matter.
b. Order the plaintiff to pay travel and
lodging costs, and any other expenses
required to litigate this matter in
Pennsylvania.
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MEUNA V. GUYER,
PlaintiIT
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-1190 CML TERM
ANTHONY WlLLIAM RICHARDSON,
Defendant
: CML ACTION. CUSTODY
COMPLAINT FOR MODIFICATION OF CUSTODY
1. PlaintiIT Is MeUna V. Guyer, an adult individual currently resldlna at 138 Gettle Avenue,
ShlppenablU'i, Cumberland County, Pennsylvania.
2. Defendant Is Anthony William Richardson, an adult Individual currently residlna at 7402
Dicklnaon Street, Sprlnafield, Fairfax County, V'U'ginla.
3. PlaintifT seelu cuatody of her children, Michael Anthony Richardaon, born December 4,
1989, and FeUcla Ann Richardson, born December 17, 1992.
4. An order In the above caption caae was entered on July 18, 1996 and amended on June
9, 1997.
15. Since the children's birth, the children have resided with the foUowina over the put live
yeen:
~ Addrellll ~
PlaintiIT ,. Michael CroWle 201 Ronbury Road 10194 to Present
ShlppenablU'i, PA 17257
PlaintiIT 140 OU Road 7194 . 10194
Shlppenaburg, PA 17257
PlaintiIT ,. Defendant 140 Ott Road 4/93 . 7194
ShlppenablU'i, PA 17257
PlaintiIT, Defendant" John 7402 Dlckin.!on Street 1/93 . 4/93
Richardson Springfield, VA 22150
PlaintilT, Brian Guyer & Shannon 24 North Penn Street 10192 . 1/98
Thompson ShlppenablU'i, PA 17257
PlaintiIT, Defendant & Brian Molly Pitcher Highway 5192 . 10/92
Guyer ShlppenablU'i, P A 17257
PlaintiIT, Defendant" John 7402 Dickinson Street 3192 . 4/92
Richardson Springfield, VA 22150
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MELINA V. GUYER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
ANTHONY WILLIAM RICHARDSON,
Defendant
NO. 96-1190 CIVIL TERM
CIVIL ACTION - CUSTODY
DEPENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT
The defendant, Anthony William Richardson, by and through his
attorney, Joan carey of Legal Services, Inc., files this
preliminary objection to jurisdiction pursuant to Pa. R.C.P.
S&ction 1915.5 on the following basis:
LACK OF JURISDICTION
1. The defendant, Anthony William Richardson, hereinafter
referred to as the father, is an adult individual who currently
resides at 7402 Dickinson Street, Springfield, Virginia.
2. The plaintiff, Melina Guyer, hereinafter referred to as
the mother, is an adult individual who currently resides at 201
Roxsbury Road, Shippensburg, Cumberland county, Pennsylvania.
J. The parties are the parents of Michael Anthony
Richardson, born December 4, 1989, and Felicia Ann Richardson, born
December 17, 1992, hereinafter referred to as the children.
4. The father initiated a custody action in Fairfax County,
Virginia on February 26, 1996, by a verified petition and a summons
for a hearing was issued by the Juvenile and Domestic Relations
District Court of Fairfax County, Virginia, on March 7, 1996. The
hearing is scheduled for April 11, 1996, at 3:00 p.m. in Fairfax
County, Virginia. See Exhibit A incorpor.ated by reference.
5. On or about March 6, 1996, the mother filed a custody
Complaint in the Court of Common Pleas of Cumberland County and on
March 5, 1996, an order was entered sCheduling a conciliation
conference with Hubert X. Gilroy, Esq., for April 11, 1996, at 8:30
a.m. See Exhibit B incorporated by reference.
6. Pursuant to 23 Pa, C.S.A. section 5344, Pennsylvania does
not have jurisdiction for the following reasons:
8. Virginia has been the residence of the children for more
than six (6) months:
i. Michael Anthony Richardson has resided in virginia
since on or about December 1994, and
ii. Felicia Ann Richardson has resided in Virginia since
on or about January 1995.
b. The children have left Virginia to visit with the mother
for limited periods only at or about the following times:
1. On or about September 1995 to December 25, 1995,
Felicia Ann Richardson visited her mother in
Shippensburg, Pennsylvania.
i1. On other occasions, the children visited their
mother for short periods of time only sporadically.
c. The children have signiticant connection with Virginia in
ways including, but not limited to, the following:
1. Michael Anthony Richardson is enrolled in
Kindergarten, in Crestwood Elementary School, Fairfax
county Public Schools, in Fairfax County, Virginia (see
Exhibits Band D incorporated by reference);
2. Felicia Ann Richardson attends day care in the
Springfield, Virginia area; and
3. The children live in springfield, Virginia, with
their tather and grandfather. See Exhibit E incorporated
by reterence.
d. Penneylvania is an inconvenient torum in which to
litigate custody and the continued exercise by the court would
contravene the stated purposes at the child custody
jurisdiction statute in section 5342.
1. It is in the best interests of the childr.en tor the
Juvenile and Domestic Relations District Court of Fairtax county,
Virginia, to decide the custody case because Virginia is the home
state of the children, the children have significant connections
with Virginia, and substantial evidence concerning the present and
future care, protection, training, and personal relationships of
the children are available in Virginia.
8. Since Virginia assumed jurisdiction by summoning the
mother to appear at a hearing scheduled for April 11, 1996, at 3:00
p.m., this court, pursuant to 23 Pa. C.S.A. Section 5341(c), should
stay the Cumberland County case and communicate with the Honorable
C. Maxfield of the Juvenile and Domestic Relations District Court
of Fairfax County, Virginia, to determine the more appropriate
forum.
9. The father, who is indigent, qualifies for legal
services' representation, and he cannot afford to travel to PA with
his children; therefore, pursuant to Section 5345, if the court
requires him to appear in Cumberland County, he requests that the
mother may be ordered to pay travel and lodging costs, and any
other expenses required to litigate the matter in Pennsylvania.
WHEREFORE, the defendant requests the following relief:
a. stay the Cumberland County proceeding in order to
communicate with the Honorable C. Maxt1eld of the Juvenile and
Domestic Relations District Court of Fairfax County, Virginia,
and to determine the appropriate forum.
b. Dismiss the plaintiff's Custody Complaint for lack of
juriSdiction.
c. Order the plaintiff to pay travel and lOdging costs, and
any other expenses required to litigate the matter in
Pennsylvania.
d. Order that the children remain in the custody of the
father pending further order after rescheduling the custody
matter for hearing in Virginia.
e. Any other relief that is just and proper.
Respectfully submitted,
( ~ /
~/IJ V-LC.--</
, oan carey .~
Legal Services, Inc.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
"
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TO ANY At.:THORIZED OffiCER Il O~I~IA:'ID YOl' '0 ,ummon ,he puni.. ... d,,,s,,o,ed he low.
TO THE PERSO:-i SU:'I~JO'ii:D ! ('O~I\IA\D YOU 10 .Ippear beiore Ih" COlin ollhe dale. place ,.IIld ,ime ,'p<cilicd "' Ih", SlIlIlIlI""' 10
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ltl\\!. Failure to appc:ar JI C'llllrl 111.1\ ~ubl~-=t )'OU to ..:ontlSmpf (,If court proce.:dings.
NOT!;: READ n:E :-;nTf([ \HIJI r RIGHT TO REPRESE....TMIO:--; BY :\ L:\WYER ON THE BACK OF THIS SUH\IOI'-S.
OOCL'MESTS ATTACHtD,
11:... PETITION
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CASt NO.
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COM:\IONWE,-\11 H I If \ II<GINIA
FAIRFAX CotJN'fY
,IU'fr:l1Ihs and J)U1m:'ilu: MclalUHl!ol Ilt'lri~t (\lUII
In re a ChllcJ UlH..IC'1 l:i:~i'!.t'Il \~..iC'i of J8(
o I I~ICHAEL -At:fHOrl'i RICHA'RDSON ,"
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, 7402 DICKENSON STREET SPRINGFIELD, VA.
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h"UlI~I'ln\-::0-'::;I',- .
o I "ANTHONY W. RICHARDSON SAME AS CHILD
01 MELINA"'v:'C;thi':RllO ROXBURY ROAD SHIPPENS~URG, PA. 17il9'i';;;;"''''-''-'--
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o I 7~~'^' "t.'t'N'iJ,: ~tEMA'ij" '(G'I5i)~l&fMs~""'r66 KLINE RD. SHIPPENSB{JM~""pil.. 17257
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01 10. Child h.ld '" CIS I ClDY
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II. Place of Delc:rilll H1 or Shelter Care .
12. Dale and rime ,"..ell inlo C"sllldy
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I), Dale and Time Placed in Detenlion or Shelter Care
114.
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The abo," 1lI1"rm:Il,on IS nOI known to Ihe pelitioner: No(s).
1,Ihe undersigned pel:!luner, !laIc under oath 10 the besl of my knowledge. that the above. named child is wilhin Ihe purview nf th
Juvenile and Domeslic Rei"',,ms District Court Law in thaI. within this city/county, the child:
....,.... Hf:. .:r~^ .CH I LD\fflq~~ ..C;:q~19QX..~~O.l!,I~~~. J1~~.~ (:~t'J~~. .M,. ~~~Y.~):?~!L~X..........
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.Q1. .THE 1950 COD~.qf.'!l~<:;;I;~IA "(!l.~~~p.~.Q.,...J.~..rW,\,'f...'+'~~~~..~.~.A.H.H/.~.L
..' P1\.. .QRDER G!WIT.:U:IG.1t:M~q~RV.. ~lJ$.,+,qPX. .'+'.9.. rH~..9qp.~~,~,~~~..C.lffl..L~'?..~~X
.." ....1t'.(, .C.QNStNT OF ,TIlt.. ?M.E;~:rS ,... :rol1'!, ~qw.~.~p'q~..'r.lp;~ ..w.l!-.~. .~q..,+,.,,~. .~~.~.l;oP~~~..,.
COULD GO ON VACATION WITH THE LEMA~S, THE CHILDREN HAVE NEVER ACTUALLY
.....,.. . LXVIO. . WITH THE J;.f;M.i\Y.I;i,. ..J. .~y~ ..R.~q;r:,$.'f.~~p..rH~..9.RR~~I.. rH).\;. .9.f.I.:q;.P~~..w.W.~,
LIVED HERE FOR OVER 1 YEAR, AND I ASK THIS COURT TO GRANT ME CUSTOOY.
WHEREFORE, the POllt,"ner requesls Ihallh. child and the penons having his or her custody and conlrol be summoned \0
appear before IhlS C oun. "n,; : I:JI thIS Courtentcr such orders and judgments as the Court deems fit and proper in IICconlance with t~
law and which Will sene Ine cu:po,. and intenl or the Juvenile and DomesI' Relations Dislrict Uti Law.
... FEBRUARY 26. 199~..
1.\1
".. ANTHON'! W. RI CHARDSo.~ ....'
I'rllIlU"fll'" ~ \'1~, J " I 1.1t nl'l:i
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...............................
Sworn/affirmed ,tnJ .,.t~wd l'l~lim: me on.
.FEBRUARY.
26 1996
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CAS!:' NO. ....'",..................'
EXHIBIT A
,
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E'fITION
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C....SE NO.
..
CuMMONWEALTH OF VIRGINIA
..............rURP1cX COUN.T'l ..
01
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Juvenile and Domestic Relation, Di.tricl COUrl
In re a Child under e'jhlOOn ,.,m of aile
CHILD' "1"'41
.!ELICIA ANN RICHARDSON
CNILD'4DOIlESS -
47402 DICKENSON STREET SPRINGFIELD, VA.
'.T"I_ ~"'''1.4. ^:'fD ~ODMU'j ~
,~THONY W. RICHARDSON SAME AS CHILD
Ail'ikA"V~o ~lJnV'!:R 110 ROXBURY ROAD SHIPPENS'BUl-
6.
iW1A~Ut"U/'6T.(DILEW."l~"f(:'(fB~)''R~'l.''~ro''I66 KLINE RD.
7.
..01)
3.
f'
..,
W ~,\I~;
'iSh
012;1"'792
2.
22150
rl!l rl'l~()N' NU
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'I PA.
17 2 5~.IJ'lltl~I' ~H
SHIPPENSB~~~~~l.17251----
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artfUt ) !lOAW' ,,~c ADDRi:i'i, f$l
8,
14 IltS):'IlA)tI......O AOOllf.,H'i1
Tl!1.RPHONn so.
9.
10. Child held in CUSTODY
o y.,
o No
11. Place of ~Iention or Shelter Care ........,.....,............."..,.".........................,.,..,.,.....,..,..,.,...
12. Dale and Time Taken into Custody 13. Dale and Time Placed in Detenlion or Sheller Care
_1_/_ _:__m.
_1_1_ _:__m.
14. The above inCormalion is nOI known 10 Ihe petilloner: :"Io(s).
1, the undersianed pelitioner. Slate under oath 10 the besl or my knowledge, thatlh. above,named child is wilhin Ihe purview oi Ihe
Juvenile and Dome.tic Relations DistricI Court Law in thaI, within thiS city/eouRlY. the child:
....... ..:UU:.. XS. A. Gtn:I..D WHOS.t. G?:S'l'9PX~tQl.!I~~.S P~'l'E~I~~:r;J;9~. Mi .~~9Y;J;P~l? ~'(.
.........'mt..UNIf.ORM CH.tI..O.~VS~QPY.,"l.1)il.'):sOJ;G1lQ~ .AC'J,' ,E't,r~St)~~.~Q.,~,F;q~~(;l,~.. ~Q~.:P~.
.........OF..~HE1..9~O COO.E. Or.. YJ;)il.~l~JA. ASAM~N:OEQ. .. .'):.N. ~ftA,'l' .::\H!!i~~. .J;S..~ .H.n/.~,~.....
........,P.A...ORDE~. GRAtlTtNQ.TEMi'QMRVcUS'l'OD'(. .'l'O .'1'111;:. GQPP~~t!~$...(~..~.~~..~~Y)
.,.... ...BY. .CONSe:N'l'QF. .THE. .PAA:P.:N'r.S,.... 'l:'Q. .M.'f .~N9.WJ..ED"E.. CH;J;S. .W"-$, .59.. .'l'H~, .c.I;I~1A~~~....
COULD GO ON VACATION WITH THE LEMAYS, THE CHiLDREN HAVE NEVER ACTUALLY
.,..,....LI.VED..W.ITH THE .LEMAXS......I. HAYE J.'l.ECZ'):STERED THI,ORPE~...~!i)!;.(:~np~~.~.YF;
LIVED HERE FOR OVER 1 YEAR, AND I ASK THIS C"URT TO GRANT ME CUSTODY.
WHEREFORE, the Pellt:0"Or roque'ls thaI the ehild and the persons h.vin~ his or her cu,tody and control be .ummoned 10
appear berorclhis Court. and that thlS Court enter such o,ders and Judgments lIS the Court deems fil and proper in _ordllllcc wilh Ihe
law and which will serve the purpu,e and intenl of Ihe luvenile and D~ Relalions Dlstrlc~71 Law,
~'~(;(L-I
.........FEBRUAR'i 26, 1996 ..... ... ... ' ~
OAon . nflTIONII.'S.ICONATVRI
.. .. .. .. .ANTHONY . W. RI CHARD.SON ."..
'iTlTIO~U.'S "'''ME ,p;t:',. :'" UP!:.
...........................,..
.". ..,..... ';!i!TioNi:R~',ooi;tE5S'~~DTEi:EPH~.,jE'SO'Ii:'O";RTCO,y"riPh:YI""" ........... ..... ...... ........ ........
Sworn I affirmed and Sl!;zr:~'t.! bef\Jre me on .
FEaRl,l'ARi::. 2~, .1.~~~.. ...........,.... ......................
;)I\lr
,.--;'~ o-.~ ~ G- ~ -<!"-
j",#,TAH OFPIClR C COMMQNWIALTK'S ~BY
,OIM D(;.uIII/n UI"~'.421lf'51
PETITION
CASE :"10. ..
. EXHI BI~' ^ ..'
., ,,-..-..- ... ~._...-....--..-._.. .-. ..-_..... ._..
.
-aRIA vrr (Unifol'm Child r 'tody Iurisdiction Act)
. COMMONWEALTH OF VIRGINIA:
PAIRFAX COUNT'i
( 'QDI . >>IJl
22318J-J
~ILnO.184-J
(01-01)
Juvenile &: Domestic Relations District Court
INRE:
MICHAEL , FELICIA RICHARDSON
, a Juvenile
I. ANTHONY W. RICHARDSON. the undersigned affiant, state the following information under oath:
/1;""",'1.."('10'.1
1. Presentaddressofthcchildnamedabov~402 DICKENSON ST. SPRINGrn:LD, V.\. 22150
2. The other places where this child has lived during the last five years:
PELICIA: NEWBURG, , THEN 110 ROXBURY RD 1/94 - 1/95
.. ,'....'..om......;,.. SHIPPENSBURG, PA, u...
".II<E , FELICIA: 140.0'l'T RD.SHIPPENSBURG,PA .1/93 - 1/94
'tr.., "lid'.... 1....,.11)' o.l~
.1402 .DICI<ENSOIIST. SPRINGFIELD, VA~. . .6/92 .-:-.11.93.
\ITHI .w4rnw. L._nIY 0."
S~IPPENSBURG, PA. .13/92.",: 6/92
MOLLY PITCHER 'HW'l"l"'SIttPPENSBURG, PA 1/91 - .....13/93
J. Names and presellt address of each of the persons with whom this child lived durina the last five years:
7402 DICKENSON ST. SPRINGFIELD, VA. ANTHONY' JOHN llICtlARDSOR,
. ERIN WITT"'" . ...... . .
"",,,I'rl lll'!" \1.fr~uJ. L,'ulll1 IfIlftl
110 ROXBURY RD. SHIPPENSBURG, PA ME~INA GUYER, MICHAEL CROUSE
"''''''lI\m("\tih:.\,\:l",,,Ii'''
N....
1'rr.".,:i"1'1'1 \....lrt,I.loLoull"
Nillnt'
,",cr! \"ff. '~Jrl".k l..lta.ity
No",
4. I I5iI have :: have not participated. either as a party, witness, or in any other capacity. in any other
litigation (court proceeding) concernin custody of this child. in any state. Uiso, specify when. in what
state. what court. and the outcoet e Iitigari !! on b~ck.Rfthis affidavit. Attach copy affinal or~~
otd~eee ifavailablel. w/~ll'tj, _ 'f. /~ ~ ~ J~IJ,J~f',. C4..;:.e,.~1 7<"-
cIt:n< .........,.,...... _ L,_~ '-<-, S' ~ <:1>. . a,,..__ "7 .-....",............--.J
S. I do St do not have knowle~ or information of any custody pro<:eeding concerning this child
which is periding in a court of this or any other state. (If so. specify which state(sl and court{sl on bllclr
ofthis affidavit.>
6. t 0 do ~ do not know of any person who is not already named as a party in this pro<:eeding who
has physical custody of this child or who claims to have custody or visitation rights with respect to this
child. Ufso, give the name(s) of said person(s) and other details on back of this affidavit.)
7. I understand that I have an obligation to promptly inform this court if I later become aware of any other
custody proceedings concerning this child in any other court. either in this or another state, during the
pendency of this proceeding.
Subscribed and sworn 10 before me on
/~",; :~.. "....'
. . ............'
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AFFIDAVIT <Uniform Child Custody Jurisdiction Act)
FILE NO.
_Oo\:.ll)(' "2~ ."Il' ~ '.~,' I:"
EXlIlBtT ,\
(
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v.
: ~ THE COL"RT OF CO~n.(oN PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96 -/14() CIVIL TERM
:CIVIL ACTION. CUSTODY
MELJ~;\ \., (~l:n:R,
Plaintiff
ANTHONY WILUAM RICHARDSON.
Defendant
I
I
, 1996, upon conalderation of !
I
the attached Complaint, it is hereby directed that the parties end thelt rnpective coWlSel app~lU' before I
--=l:1 I 'J fh ,p 'J ' -"---1'
JJ~.d X. JflJ ~ the conciliator, at iN-/', n:n D.,....' {'v,
('t.."u."tiJH.,\J2. on the ~ day of ~
1996. at ~ :X:' a.M. for a Pre. Hearing Custody Conference. At such Conference, an eITort wlll be
ORDER OF COURT
AXD ="OW. lhis
,5"~ da)' of
f;/t4GJ...
made 10 resolve the issues In dispute; or if this cannot be accomplished, 00 dellne and lI8I'I'OW the issues
(oIJ..y
to be helll'd by the Court, and to enter into a temporary order. AU children age live or oldel'ftsIioalso be
present al the Conference. Failure to appear at the Conference may provide llI'Ounds for entry of a
temporary or permanent order.
FOR THE COURT.
By: 1$/ cfI~d X~~~/~
Custody Conciliator (l2.::rp) de
YOLO ::iHOu'LD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER 0R C.~'''NOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO Fmn nl:-r WHERE YOU CAN GET LEGAL HELP.
Office of the Court Admini.9trntor
Cumberland County Courthouse
Fourth Floor
Carlisle. PA 17013
(717) 240.6200
, ,
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EXHIBIT B
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II
il MELINA V. GUYER,
II Plaintilf
it
il v.
: IN nlE COURT OF COMMON PLEAS
: CUMBERLAND COUN'l'Y, PENNSYLVANIA
: NO. 98 II IOJ CMLTERM
H
Defendant breached verbal qreements.
A Child Michael Anthony Richardson resided with Plainlifl' until Plainlifl'..,eed to
allow temporary c:uatody to Defendant for purpoeel Dr achDDling.
a Derendant bas indicated U1at he will not return child Michael Anthon,y Richard80n
after expiration Dr the temporary visitation ror purposes or achoo1ing.
C.
Richardson.
D.
19ge.
E.
Derendant.
F.
Plaintiff desires to maintain and continue custody Dr child Miehael Ant.hou,y
Child Felicia Ann Richardson was in the custody Dr Plaintift' until December of
Plaintift' agreed to allow one week visitation Dr child Felicia Ann Ric:hardaon with
Derendant bas railed to return child Felicia Ann Richardson and bas lndiImed that
he will not return child Felicia Ann Richardson.
8. Since the chlldren's birth, the children have resided with the foUowIni over the put ftve
yean:
NIIII! Addreea I2A1l
PlaintifF a. Michael Crouse 201 Roubury Road 10/94 to Present
Shlppenaburg, PA 17287
PlaintifF 140 Ou Road 7/94 . 10/94
Shlppenaburg, PA 17287
PlaintIfF a. Defendant 140 OU Road ~3 . 7/94
Shlppenaburg, PA 17267
PlaintifF, Defendant a. John 7402 Dickinson Street 1193 . ~3
Richardson Springfield, VA 22180
PlalntlJT, Brian Guyer" Shannon 24 North Penn Street 10192 . 1193
ThomplOll Shlppenaburg, PA 17267
PlaintIfF, Defendant" Brian MoUy Pitcher Highway 6192 . 10192
Guyer Shlppenaburg, PA 17267
PlaintIfF, Defendant" John 7402 Dickinson Street 3192 . 4192
RIchardson Springfield, VA 22180
Plalntlf1' a. Mary Ann Martin 9616 PuJaaky Highway 2191 . 2192
Baltimore, MD 21220
6. The natural mother of the children Is the Plalntlf1'.
7. The natural father of the children Is the Defendant.
8. The relationship of the Plalntlf1' to the children Is that of natural mother.
9. The relationahlp of the Defendant to the child Is that of natural father.
10. The Plalntlf1' hM not participated 88 a party or In any other capacity, In other litigation
concerning the custody of the children In this or any other court.
11. PlaintifF has no Information of a custody proceeding concerning the children pendina In a
court of this Commonwealth or any other location.
12. The best intereets and permanent welfare of the children will be served by granting the
rellef requested because the PlaintifF Is the primary care giver with respect to the children.
13. 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 parties to this action.
,- ,.,
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tll'. -'
( ~
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'-.'
(;
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I
I '.
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MEUNA V. GUYER,
PlaintiIT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO. 96 -1140 CMLTERM
:CML ACTION. CUSTODY
v.
ANTHONY WILLIAM RICHARDSON,
Defendant
AFFIDAVIT FOR r,F.AVE TO PROCEED IN FORMA PAUPERlS
The PlaintifF, Melina V. Guyer, residing at. 201 Hanbury Road, ShippensbUl'f, Cumberland County,
1. I am the PlaintilTln the above titled civil cause of action and the Defendant ie Anthony
W1llIam Richardson.
2. This Affidavit is made to inform the Court of my status of indlgency and to induce the
Court to llJ'lIIlt me leave to proceed in this case as an indigent.
3. In making this Affidavit, I am aware that peljury is a felony and that the puniahment is
a fine of not more tilan $3,000.00 or imprisonment for not more than 7 yean or both.
4. I do not have any money on my person, at home, or elsewhere which would be used for
the expenses of this proceeding.
6. I do not own real estate, personal property, or any other asaets. I am not owed any
amounta of money by any person.
6. I am not married.
7. The Defendant, Anthony Willism Richardson, ie the natural fathar of my two minor
children.
A An order for child support against the Defendant ie filed with tha Cumberland
County Domestic Relations Office.
B. Currently. although the Order is in effect, I am not receiving any aduallllOlllee
for child lIUpport.
8. I have two children: Michael Anthony Richardson, born 1214189; and Fellcla ADD
Richardson, born 12117/92,
MELINA V. GUYER,
Plaintiff
1
1
1
IN THE COURT OF COMMON PL!lAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
ANTHONY WILLIAM RICHARDSON,
Defendant
NO. 96-1190 CIVIL TERM
ORDER OF COURT
AND NOW, this ~rJ day of May, 1996, upon consideration of the
Conciliation Conference Summary Report dealing with jurisdiction,
which indicates that there is an existing custody order in
Cumberland County and that the presence at this time of the
parties' daughter, Felicia Ann Richardson, in Virginia is contrary
to the understanding which the parties had when the father received
her for the Christmas, 1995, holiday, and following a telephone
conference with the Honorable Michael J. Valentine, of the Fairfax
County, Virginia, Juvenile and Domestic Relations District Court,
this Court will exercise jurisdiction over the parties' custody
dispute.
THE MATTER is referred to the custody conciliator for a
conference on the merits. The conference will be held on Friday,
June 7, 1996, at 8130 a.m., in the fourth floor conference roo.,
Cumberland County Courthouse, Carli~le, Pennsylvania.
BY THE COURT,
The Honorable Michael J. Valentine
Fairfax County, Virginia,
Juvenile and Domestic Relations
District Court
J
Aro \ : 1r1flr;J/l"
MELINA V. GUYER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
v. : CIVIL ACTION - LAW
:
ANTHONY WILLIAM RICHARDSON, . NO. 96 - 1190 CIVIL TERM
.
Defendant :
: CIVIL ACTION - CUSTODY
PRIOR JUDGE:
HONORABLE J. WESLEY OLER, JR.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. Tha information pertaining to the children who are subject of
this litigation is as follows:
'elicia Ann Richardson, born December 17, 1992
Michael Anthony Richardson, born December 4, 1989
2. A Conciliation Conference was held on April 11, 1996, with the
following individuals in attendance:
The Mother, Melina V. Guyer, with her counsel, David Spotts,
Esquire, and the Father, Anthony W. Richardson, with his
counsel, Joan Carey, Esquire.
3. This is a custody dispute which initially involves a
jurisdictional question. Father resides in Virginia, and
Mother resides in Pennsylvania. The Conciliator conducted a
conference to obtain some information with respect to matters
the parties agree upon and issues in dispute that bear only on
the jurisdictional questions before the Court of Cumberland
County, Pennsylvania and the Court of Virginia.
4. A petition for custody was filed in Pennsylvania on March 4,
1996. A similar petition was filed in Virginia in late
February or early March of 1996.
5. The parties have been before the Cumberland County
Pennsylvania Court previously in April of 1993, when the
parties filed a stipulation for custody whereby custody of the
-
minor children were delivered to Sam W. and Linda LeMay.' The
LeMays are godparents of the children. Both partie. agree
that the LeMays were given custody only to take the children
on a vacation. The LeMay. are currently not parties to this
actlon and the parents advised the Conciliator that the LeMays
are not interested in asserting any claim for custody at this
time. Both parties agree that the LeMay. have not exercised
custody of the children since 1993.
6. The parties agree that they were never married and that they
lived on and off sporadically until either July or September
1994. Prior to that time, the parties lived in Cumberland
County, Pennsylvania together and also lived at other
locations together, including a time when the parties lived
together in Virginia for approximately three months.
7. In September/August 1994, 'ather moved out of the home with
the Mother in Cumberland County, Pennsylvania, and 'ather
moved to live with his father in Virginia. Custody with
respect to the two minor children since that time is not
necessarily agreed upon, with some slight disagreements and
some major disagreements. The Conciliator will try to
summarize the status of physical custody of the children since
July/September of 1994, when the parties separated:
A. Father and Mother agree that both children stayed with
the Mother when Father originally left to go to Virginia
in July/September of 1994 until January 1995. 'ather
visited with the children periodically during that time.
B. Father suggests in January 1995 hiR son started living
with him on a full-time basis. He suggests that Mother
would see the son on an irregular weekend schedule except
in May of 1995 Mother had custody of the son for one
month. Mother suggests that the son continued to live
with the Mother full time until June 1995 when she
voluntarily delivered the son to the Father for the child
to go to school in Virginia. Mother suggests that the
agreement between the parties was that the son would go
to school for the first year in Virginia but that custody
would be returned to her.
IThis order was entered at No. 1221 Civil 1993 Cumberland County,
Pennsylvania.
2
C. With re.pect to the daughter, the Father suggests that
the daughter continued to live with the Mother until June
of 1995. ne .ugge.ts that he had custody from June
through September with the daughter going back to live
with the Mother in September. Father then agrees that
the Mother delivered the child to the Father over the
Christmas 1995 holiday with the intention that the child
would be returned to the Mother. Father suggests that
because of various concerns', Father did not feel it was
in the best interest. of the child to send the child back
to the Mother, so 'ather kept the daughter from Christmas
and refused to return the child to the Mother. The
Mother suggests that the daughter was living with her
full time throughout the 1995 year and that she then
delivered the child to the Father for a Christmas visit.
Mother suggests that 'ather then refused to return the
child to her.
D. Currently, both children are in the physical custody of
the Father in Virginia.
8.
The Mother is
Shippensburg area
is 22 years old.
father.
25 years old. She has family in the
to include an uncle and brother. The Father
He has family in Virginia which is his
9. The older boy is currently in kindergarten in Virginia. The
daughter is enrolled in daycare in Virginia. Prior to the
daughter going to Virginia for Christmas, the Mother was
available during the day and took care of the daughter full
time.
10. The Conciliator examined the Uniform Child Custody
Jurisdiction Act, and specifically reviewed 23 Pa.C.S.A.
S5344. It would appear that both Virginia and Pennsylvania
have jurisdiction pursuant to S5344(a)(1)(ii) in that we have
two children and the parties agree that the son has lived in
Virginia over the past six months but that the parties also
agree that the daughter had been living in Pennsylvania for at
least within the past six months. It would also appear that
1The Conciliator did not receive any pos~tlons with respect to the merits of
custody or the Vdrious concerns of the party. The ConCiliator limited his review
to issues that revo~ved dround Jurisdlc~~on.
3
HILINA V. GUYER,
Plaintiff
IN THB COURT or COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
ANTHONY WILLIAM RICHARDSON,
Defendant
NO. 96-1190 CIVIL TERM
ArrIDAVIT
1. We, Sam W. LeMay and Linda LeMay, are the godparents of
Michael Anthony Richardson and Pelicia Ann Richardson.
2. On April 23, 1993, a Temporary Custody Order was
entered in Cumberland County Pennsylvania, No. 93-1221 Civil
Term, In re Felicia Ann Ricpardson and Michael Anthony
Richardson, granting us temporary legal and physical custody of
Michael Anthony Richardson and Pelicia Ann Richardson.
3. We understand that Melina V. Guyer and Anthony William
Richardson, the parents of Michael Anthony Richardson and Felicia
Ann Richardson, aro litigating the matter of custody of the
children and that the courto in Pennsylvania and Virginia are in
the process of determining which court has proper jurisdiction to
hear the custody case.
4. We understand that on April 11, 1996, a custody
conciliation conference was held in Carlisle, Cumberland County,
Pennsylvania. regarding the custody of Michael Anthony Richardson
and Felicia Ann Richardson.
5. We understand that a custody is also pending in
Virginia and that the matter of jurisdiction will be determined
by the courts.
6. At this time, we do not wish to be a party of any
custody action regarding Michael Anthony Richdrdson and Felicia