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HomeMy WebLinkAbout96-05218 ~ ~ .f' ~ ~ :t '.. t ~ ..... ~ ~ 1 i I \ f I , I t (' j ~ , , . , , I ; i . . [! r II i; I I' n 'i Ii I: !l p , ;1 JAMES C. GALBRAITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 16 5;) If i,J~,... IN CUSTODY H H ., !! NICOLE SUSANNE REDINGTON. Defendant q , "i i! ORDER OF COURT AND NOW. S( fJ f .;;:, 199t., upon consideration of the attached complaint. it is I hereby directed that the parties and their respective counsel appear before P...- ') s...,J..../. Esquire. the conciliator. at 3'i Lv I"),......st. ""'",4..... ..i-? . Pennsylvania. on (....J"I the / 7/'1 day of (Jre fp\'xr; 199. at ~ o'clock~.m.. for a Pre-Hearing Custody Conference. At such conference. an effort wiD be made to resolve the issues in dispute; or if this cannot be accomplished. to define and narrow the issues to be heard by the court. and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the children', attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT. By YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRA TOA COURTHOUSE. 4TH FLOOR CARLISlE. PA 1 70' 3 1717124~6200 JAMES C. GALBRAITH. Plaintiff vs. I I I I I I I ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NICOLE SUSANNE REDINGTON, Defendant NO. IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, JAMES C. GALBRAITH. by his attorney. Samuel L. Andes. and makes the following Complaint for Custody: ,. The Plaintiff is JAMES C. GALBRAITH, an adult individual who is a resident of Carlisle. Cumberland County, Pennsylvania. but his current mailing address. while on active duty in the military service, is HQ USAREUR. CMR 420. Box 2187. APO 09063. 2. The Defendant is NICOLE SUSANNE REDINGTON. an adult individual whose current mailing address, while on active duty in the U.S. Army, is HO USAREUR. CMR 420. Box 1621, APO 09063. 3. The Plaintiff and Defendant are husband and wife. having been married on 31 July 1992. 4. The Plaintiff and o.fenclant are the nature! parents of one minot child. Aluandra Nicole Galbfaith. born 24 July 1993. 5. Ptalntiff and Defend.." ere both on Ktive du'y m the U.S. Army end ere stationed ".er H4tdelburg. Gefmlll'lY Tht$ Court hu JUtlsdtc:hon in thts maller bKMJSe the father', home of I'KOfd. end t~fOte. hts ~wful ,esidence. IS c.tisle. PennsvfvIll1la. 1'[ " " Ii Ii II II which was his home at the time he enlisted in the Army. As a result of Pennsylvania being Ij his lawful residence, it is the domicile and residence of the child for purposes of custody jurisdiction. Moreover, Pennsylvania is the only jurisdiction which has any meaningful contact or connection with the parties or the child because the parties and the child have returned to Carlisle. Pennsylvania, repeatedly during vacations and periods of leave and because the only family members with whom the child has any relationship. other than the Plaintiff and Defendant. are the Plaintiff's mother and sisters who reside in Pennsylvania. 6. Plaintiff seeks primary physical custody of the minor child. ALEXANDRA NICOLE GALBRAITH. 7. The child was not born out of wedlock and is presently in the joint custody of the Plaintiff end Defendant. 8. Since her birth, the minor child has lived at the following locations with the following persons: July. 1993. to October, 1993 Columbia. Maryland Plaintiff end Defendant October. 1993. to May. 1995 u.s. Army Landstuhl. Germany Plaintiff and Defendant May. 1995. to Pf8Mnt u.s. Army "leppemeim, Genneny PlM\tiff and Defendant ., . 'I III I Ii II II if I' II i' I I I married to the Defendant. Plaintiff currently resides in a house in Heppenheim, Germany. I I II H fl !I " 11 9. The father of the child is the Plaintiff whose address is set out above. He is with the child and with the Defendant. 10. The mother of the child is the Defendant whose address is set out above. She is married to the Plaintiff. Defendant currently resides in a house in Heppenheim. Ii Germany. with the child and the Plaintiff. d " 11 11. The Plaintiff has not participated as a party or in any other way in any .;, " H !i litigation concerning the custody of the child in this or any other CClurt. j'. i; The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights with the said child. 12. The best interest and permanent welfare of thfJ child will be served by grlnting the ra/ief requested by Plaintiff for the following reasons: A. Plaintiff has provided more of the care for the child over tha past two year. then has the Defendant. B. Because of the Defendant's continuing employment in the U.S. Armv. she is not able to provide deity cer. for the chitd. C. The Defendant is liIlely to be auigned to military dutia wtlieh witI ~ her from havlnQ the thiId with her for long periOdt of timt. ) COMMONWEALTH OF PENNSYLVANIA I ( 55.: COUNTY OF CUMBERLAND I JAMES C. GALBRAITH. being duly sworn according to law. deposes and says that the facti set forth in the foregoing Complaint for Custody are true and correct to the best of his knowledge. information. and belief. Sworn to end subscribed before me this II ~ dey of ~r.Jt, . 1996. t_f!.~#p Not Public ~~\fiw.-seAi. LYIN EllllEllftUl. ......, .... III I>{L! ..... - 1 1 I c..., ..,~ .. __-"11'- , IN RE: THE MARRIAGE OF: . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CASB MO. "-5218 CIVIL TBRK 1M CUSTODY JAJOlI C. GALBRAI'l'B, JR., . . Plaintiff/Husband, . . and . . . . IIICOLII .. UDIMcrroM, Defendant/Wife. . . . . . . . . \ DBPlHDAHr'I ~ICI BY BPaCIAL APpaARAHCI IN PRO la OP UHAVAILABLI'fY POR RJlARIlIG PURSUAHr TO BOLDUR BAILOR IUlLUP AC'l' AlfD ~ICa OP l'EIIDIMO MA'l"l'J:R8 1M TJlB 8'I'A'fB OP PLOalDA COMES NOW the Defendant/Wife, NICOLE S. REDINGTON, in Pro Se ancl Notice. the court and all concerned a. follow.: 1. Defendant/Wife, NICOLE S. REDINGTON, i. ukinq a .pecial appearance in Pro S. and aver. to the court and it. conciliator that .he has never been properly .erved with any docuaentation in thia cau... Defencl.ntjWife did receive by regul.r United St.t.. certified ..n at her anltary APe Box . Complaint for cuatody, AII.ignaent to COncili.tor, .ncI Order of Court directinq . Hearing before concili.tor for Tuesday, December 17, 1'96 .t ':00 A.M. . Defend.ntjVif. did not receive thi. certified ..n notific.tion until the week of Oec9aber 2, 19'6. 2. Defe~ntjW1fe ....rt. th.t ahe baa not been properly ..rveel nor notiCed pursuant to the Rule. of Procedure and the l8C\Iring ot Jurisdiction pursuant to tM "nNIylv.ni. code. .nd ..k.. thi. 1IJMtC1.1 .ppearance 80181y for the purpos. of ....rting 1 same to the court. 3. As is evidenced in the pleadinq filed by the Plaintiff/Husband with this court Defendant/Wife is a Captain in the United states Army who is on active duty and who is stationed at: HQ USAREUR, CMR 420, BOX 1620, APO 09063 (Heidelberq, Germany). The Defendant/Wite, NICOLE S. REDINGTON, is currently on active duty with the United States Army and is unavailable and unable to attend the Hearinq to be conducted on Tuesday, December 17, 1996 at 9:00 A.M. before the conciliator, Dawn S. Sunday. The Defendant/Wife is protected from such appearance and is protected pursuant to the Soldier Sailor Relief Act. The Defendant/Wite asserts the Soldi.r Sailor Relief Act and inability to attend the proceedinq due to beinq on active duty in the United States Aray on Oecaabar 17, 1996. 4. That there is currently pendinq before the State Court of Florida in the 11th Judicial Circuit in and for Dade County Florida bearinq Cas. No. 96-23356 FC 29 a Dissolution of Marriaq. proceedinq styled NICOLE S. REDINGTON, Petition.r/WU., v. JAMES C. GALBIlAITH, JR., R.spond.nt/Husband and sa.. va. duly served upon the R..pondent/Husband on the 11th day of October, 1996. (COpy attached aarked exhibit -A-) Th. court of the Stat. of Florida thus bay. acquired clv11 jurilldlotlon over the Husband, JAMES C. GALBRAITH, JR., a. _11 .. NICOLI C. ItIDJIICTOII, the "Ue and the .ubject: aatter of tMlr aani... Inclulve of the is.,", of custody of the partl.. .inor dlUd. ALEXAInlItA NICOLI GALUAITH. D.O.'. July 24. 1991 (AfIe thne 2 ~. ..... '- (3) ). 5. As the State of Florida has properly qained personal jurisdiction over the subject matter pursuant to the Uniform Child CUstody Jurisdiction Act as adopted by both the State of Florida and the State of Pennsylvania, the State of florida ouqht have the appropriate jurisdiction over the issue of custody of the parties ainor child. The State of Florida has already scheduled proceedings in this Stae and a full evidentiary hearing on Temporary CUstody and other Tamporary Relief, to wit: child support. This will take place at 11:30 A.M. on Wednesday, January 22, 1997. 6. The State of Pennsylvania ought properly decline jurisdiction over this cause due to ongoinq proceedings in a sister State. 7. Further, as of oecellber 13, 1996 by stealth, deceit, and in coaplete contravention with the purpose and intention of the Uniform Child CUstody Jurisdiction Act the Father did WITHOUT NOTICE TO THE MOTHER take the child froa the Mother's residence and abscounded with her to the State of Pennsylvania. The father has acted in this diereputable aanner solely for the purpose of aUemptihCJ to place the child in the juriacUcUon of the State l.If Pennsylvania for the purpose of attempting to further his attempts to qain custody jurlad1ction 1n the Stat. of Pennaylvania. The Uniform Child CUstody Jurisdiction Act. atat.. that ... U Us "UU...r fo.l' lalU.1 eune Ua noatMl, 'akaa \~. nue ) froa another stata or has enqaqed .imilar reprahen.ible conduct, the court may decline to exerci.a jurisdiction if this i. ju.t and proper under the circWII.tance. ... The Uniform child CUstody Jurisdiction Act further states that ... in .ppropriat. c..a., . court dismissinq a petition under this .ection may charq. the p.titioner vith ne.ce..ary trav.l and oth.r .xpan..., includinq .ttorn.y'. fa.., incurr.d by oth.r parti.. or th.ir vitn........ In addition to the above language of the Uniform Child CUstody Jurisdiction Act as adopted by the State of Pennsylvania the Uniform Child CUstody Jurisdiction Act also states that ... a court of this st.. .h.ll not .xercis. its juri.diction under this Act if, at the tiae the patition is fil.d, proceadiDq conc.rninq the ou.tod, of the child v.. pendin9 in the court of another stat. ..arci.inq juri.diction .ub.tantiall, in coaforait, vith this Act, unle.. tha proceadinq i. .t.,ed by the court ot the other stat. becau.e this state i. a aore appropriate forull or tor other r...On.... As the Defendant/Wife herein was never properly ..rved or noticed of any of the proceedings within the State of Penn.ylvania the state of Pennsylvania does not properly have or acquir. jurisdiction. The State of Florida has in tact acquired jurbcUction by qainir\9 penonal .ervice over the Plaintiff/Hu.band and ha. in tact .cheduled proceedir\9s in that state. I. The Defendant/llife uk.. this Notice by Special Appearance a. ahe ....rt. that aha 1\&. not been properly ..rved nor h.. the State of Pennaylvania acquired juriediction over her and aha chooa.. to retain that poatUNt and v111 not vai"... any .ervice . ~ - ~ C'; ..... .. D (It .:J :,~ If !i -~~ '4l ~iii - ',;"',.:, r;: -~ " '. ~ ; :~ -=.; , e '''' ... ij\ .." -..; '" JAMES C. GALBRIATH. JR., Plaintiff ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA VI. CIVIL ACTION - LAW NICOLE S. REDINGTON. Defendant CASE NO. 96-5218 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE BY CERTIFIED MAIL Amy M. RoteIIi. being duly sworn according to law. deposes and 11)'1 U follows: 1. That she is an cmpIoyee of Samuel L Andes. attorney for the Plaintiff herein. 2. That OIl, [)e(:cmber 3, 1996. she delivered to the U.S. PosW Service in Lemoyne, Pennsylvania. u certified mail (Receipl No P 311 120 468). return receipt requested. addreued to the Defendant herein. a true and correct copy of the Complaint in Divorce filed in the above-captiolled action duly endoIsed with a Notice to Defend and Claim Rishts in the divorce action. 3. Said I'tIUm receipt card is attached hereto u &hibit A showina a date of delivery to the Defendant of Dec.....t.er II. 1996. t AatyM ~(': Swam to .. ......W befi.n me tIlis ,,...., of Ot~ . &996 ~~- i1 " I' ~ ! , i' :1 ;, i: II 1! ji II lAMES C. GALBRlATH, JR.. d ., Plaintiff' lj II !! d j !i vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) ) ) ) ) ) ) ) CIVIL ACTION - LAW )1 n NICOLE S. REDINGTON, i' Defendant H ,. H CASE NO. 96-5218 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE BY CERTIFIED MAIL Amy M. Roselli, being duly sworn according to law. deposes and says u foUows: I. That she is an employee of SamucI L. Andes. attorney for the Plaintiff'herein. 2. That on. J:M...,~ 3. 1996, she delivered to the U.S. Postal Senice in Lemoyne. Peonsy1vania. u certified I'IIIiI (Receipt No P 311 120 468). mum receipt requested, addressed to the Defendant herein, a true and corret1 c:opy of the Complaint in Divorce filed in the above-captioned action duly eodoned with a Notice to Defend and Claim Rips in the divorce action. 3. Said mum receipt card is attldled hereto u Exhibit A sbowing . date of delivery to the Defendant of IW-lJer ll, 1996. r . ('" , .' .. . \, t MyM Swomtollld~W bcfinmetllis"'day o(~ .1996 .._~~ Nowj Ntk. ~! J , :i : I '"' I -I: _1_''''__ ~-I,"'-", .......--..-..-............................ -..- ............................................ ... .~.......__-, -1ft.................... .;;;:-----..-..-...---......- - lD: N,u/e s. k~"7fo,.. HtJ USA~(",1l c~ no 8.. IUI ~t"'tF "'D Of"'J t), ...v --J -...,." IIlIo wlllllIl-.. lit ............ (tar.. ... ..~ 1.0 'I.M III"~ "fin.... ""'~ 0DnUI. r tar III. Y(P' , x H I rJ \'1 /\ I " .. "Ii . II I J II '1,- r i ,., '" \',.,of< " . _"_~"t:.._,~_~__ ,-,"l:; . E- _ ',- ~~~~--l f" "r : rfJ~': , .. ,. Ii," UHf ~ 0'_:'-;'- JAMES C. GALBRAITH, . IN THE CXlURT OF CXX1I1ON PLEAS OF . Plaintiff . CUMBERLAND CXXlNTY, PENNSYLVANIA . . . vs. : NO. 96-5218 CIVIL TERM . . NIOOLE SUSANNE REDINGTON, . CIVIL ACTIOO . Defendant . IN CUSTODY . aulBR OF CDRl' (,. ({ Pt. idv Conciliation Report, AM) tOI, this ....' (I 0; day of consideration of the attached CUstody and directed as follows: 1. A Hearing is 1IChedu1ed in'l Court Room ~ Lf , of the Cl.lJDerland COUnty Court House on the -.2!d.. day of.~ <'i, l~ ' 1997, at '1: 3() o'cloclt..!1.,.m., at which time testimony will be takerr"'with regard to tii8""'Objections raised by Defendant on the jurisdictional issue. At this Hearing, the Mother, Nicole SUsanne Redington, shall be deemed to be the lIlOVing party and shall p'oc.-l initially with testimony. Counsel for the parties, or the parties pro se, shall file with the Court and opposing counsel a Mea1xa.ncbn listing the ",,(\<sed stipulated facts that each respective party will bring before the OJurt on the jurisdictional issue. nus Mea1xandID shall be filed at least five (5) days prior to the Hearing date. , 199<:', upon i t is-ordered 2. Pending further Order of this Court, the Mother, Nicole SUsanne Redington, and the rather, J_ C. Galbraith, shall have shared legal custody of Alexandra Nicole Galbraith, born July 24, 1993. Also pending the Hearin; in this matter, the Father shall haw pdmary physical custody of the Olild 81.t:Iject to the Mother I s right to liberal periods of partial custody of the O\ild in PfilMylvania at any time the Mother is pr...nt in the O--w_a1th. n. Mother ahlll1 not rIID:Mt the Olild frail Pemsylvania petdirq further Order of this Court or &gAl Ilot of the parties. BY THE CXl.R1', ",.J., eel ~--..I I.. MdJH, I8qu1re - O:lwMl Iticol. J. Redington. Pro 51 ("'~. ...~..<.. - I"~JII" .A t' J. JAMES C. GALBRAITH, . IN THE COORT OF CX>>lMON PLEAS OF . Plaintiff : CUMBERLAND CXXJNTY, PENNSYLVANIA . . vs. . NO. 96-5218 CIVIL TERM . : NIOOLE SUSANNE REDING'l'OO, . CIVIL ACTION - LAW . Defendant . IN CUS'roOy . QJSTaJl( <XH:ILIA1'ICB SlJIIIARY RI!PCRl' IN AaXIlDANCB WI'l'H <1IlIlI!RLAND a:umc RlU OF CIVIL PIl(. ..... RB 1915.3-8, the undersigned CUstody Conciliator submits the followin; report: 1. 'DIe pertinent information concerning the Child who is the subject of this litigation is as follows: IWIB BIRlBlM'B aJlRJ!N'1'LY IN ~~~ OF Alexandra Nicole Galbraith July 24, 1993 Plaintiff/Father 2. A Conciliation Conference was held on Dec:eatler 17, 1996, with the followin; individuals in attendance: the Father, James C. Galbraith, with his ccunae1, Salluel L. Andes, Esquire. 'DIe Mother, Nicole SUsanne Redington, is on active duty in the military in Germany and was not able to l!l~r at the Conference. 'DIe Mother has not retained counsel in Pennsylvania but submitted to the Conciliator a 'NOtice by Special AwMrance In Pro Se of lklavailability for Hearing Pursuant to SOldier SailOl:' Relief Act and Notice of Pending Matters in the state of Florida" (oopy attached). The Mother also contacted the Conciliator by telephone iaaediately Pl'ec6ding the Conference to advise that she was not able to attend the Conference, did not receive lIMAopc:iate notice of the Conference and ViIS challenging juriadiction by the Pemaylvania 0Jurta in this matter. 3. The Mother's position on custody is as follows: Durin; her telephcue call to the Conciliator, the Mother advised that shI is on actiw duty in the military and is stationed in Germany at the Pl'lnnt tu.. The Mother stated that the partie separated in early Septe\t)er and that the Child had primarily resided with her since that time. The I'lOther .tated that she filed a ~1aint for Divorce and CUstody in the state of Florida in early October and a Hearin; ie acheduled thereon for January 22, 1997. The Mother adviMd that she was not Mned with a Notie. of the Conciliation Conference ooti1 Ill.<........r 11, 1996. The MotIle\" atated that the Fathel' 11ft Germany in 1LIi~_t- and brought the Child to the lnttld statee without her prior c:x:n.nt or knowledge. The fl\:lther bel1_ IIhe hu be<<l the Child's primary ca~taIl,er W MeU pdNrY physical cuetody of the Child. The Mother ClbjecU to )urbdicticn of the IWlnlIylqnia QlurU in this .tter W bel1_ that Florida i. the pt:~ fONll to hMr the custody i__. <t. The faUlK'. poeiUon on CUstody 18 .. (ollawa: 'l1w Fathel' atated that he (iled hie CUstody ~ail'lt in the o.tcleRi ColX'\ty CI:lurt of 0-.-_, Pl_ at Sept-*'K ;20, 1996, priOl' to the flU") of the MothK'. ~lon in 'lOl:'ida. n. r.thIr' S\iblliltld ~ U.......MpId bV the l'TotMnot,uy lndle.U~ thot flllnq det. _I the (~ _lqnl") thlt Conciliator is dated Septentler 23, 1996. This matter was not scheduled for Conciliation until Noventler, however, in light of the fact that the Father was separating from the military in mid Decentler and would not be available until that time. The Father indicated that the Mother had received copies of the ~laint and assignment for Conciliation. The Father acknowledged that he removed the Child from Germany without the Mother's consent. According to the Father, the parties had been unable to reach an agreement on the Father's request that the O\ild spend the Christmas holiday with the Father and his family meai:lers in Pennsylvania. The Father believes that, as he is no longer in the military, he will be more available than the Mother to spend time with the O\ild. The Father's mother, father and sister reside in Carlisle and the Father believes that this gives the Child a stronger connection to the O:lu...onwealth of Pennsylvania than to the state of Florida in which none of the Mother's relatives reside. The Father indicated that the Mother has had substantial telephone contact with the Child since his IIlOVe to pennsylvania and proposed that the Mother would have liberal custody of the Child if she were to take leave and travel to Pennsylvania pending resolution of the custody issues. The Father seeks pdmary physical custody of the O\ild. 5. In the Conciliator's opinion, the Father's conduct in removing the Olild from Germany without the Mother's consent or knowledge is repcoac:hab1e and should not be revarded in the custody pcooee.dings. The attached .,Lvroeed Order reflects the Conciliator's atteapt to pc'IVent the Child from being shuttled back and forth betwen the tw countries until the custody issue has been resolved in either Pennsylvania or Florida. In light of the cirCUlllStances under which the Child was IIlOVed to Pennsylvani. and the fact that custody ~oe+..dings are also currently pending in Florida, an expedited Hearin; is requested on the jurisdictional issue wherein t~ary custody arr~ta could be ~~-HMd by the Court. 6. The Conciliator nc....._'1da an Order in the fOtlll as attached. To expedite notice to the PIother in these ",,~in;8, the Father agreed to fax a CCIpy of the Order entered by the Court to the Mother upon receipt. j),e,,-~ " 19911 -1.(1.'_- ,J,J.. _..JII-v Date . Dawn S. ~ I CUatody Conciliator