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HomeMy WebLinkAbout98-00990 , " ''. ~' ,,' ~. ~ ) / j / // ( ( ~ I' n \\ r<, i\ \ , I", 1\ 'ji - . - -~ - '-l C> ~ ~ , 0.. ~ ~ ERICA D, ANGLIN, Pluintifi' v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LLOYD E. BAILEY, Defendunt NO. 98-990 CIVIL IN CUSTODY Prior Judge: J. Wesley Oler CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915,3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infbmmtion pertaining to the child who is the subject of this litigation is as fellows: Sharif~Omur Erik Wushington, born October 14, 1997. 2. A Conciliation Conference was held on April 6, 1999, with the following individuals in ul\endance: The Mother, Erica D. Anglin, with her counsel, William J. Patch, IV, of the Family Law Clinic; and the Futher, Lloyd E. Bailey, with his counsel, Peter Russo, Esquire. 3. The parties agree to the entry of an order in the fonn as attached. _If-'7-Q 9 DATE Hubert X. Gilroy, Esq . e Custody Conciliator ...... .' ("J 't;-,~ ~1 \. I~ ~: " '. , , , ';p.. -, ' ) I ~, r!f II .. ;1 ':i " ,{ :' {. , .' .. . . :~: ' of' . ;',- :,....'. - ., ~., ~J ~ ., , . ....;.tr.'...., :. ':It " .If ~ , "'J\ ~.' : . .~, ....1 .....\\ , .' ~:. .:" .,. . - . . ;', ". f" ' .., ,.~ \ '..'! f \,', .,.: , . .~ ..t . 0 -. ~ ~ ~ < >l ) .:;;4, ott,' "h. flf.,.. :- . :. " II ,. I ..... ,,0._ _ .~_ " " - v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 . 990 CIVIL ACTION. LAW CUSTODY JUDGE EDGAR B. BAYLEY ERICA D. ANGLIN, Plaintiff LLOYD E. BAILEY, Defendant ORDER OF COURT AND NOW, this ~ day of ,\rl\UrI (" "~ ' 1999, upon consideration of the attached Complaint, it is h~reby directed that the arties and their respective counsel appear before. ("" E ' the Conciliator, at. ", rf'\ ' c on the ~~ day of Nnn """ , 999, at Cl'..,\() Q."m. for a Pre-Hearing Custody Conference, At such ConferenCe, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order, FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR 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. Cumberland County Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ;" . , , , ,. . . , :, i '. .' PETER J. RUSSO. ESQUIRE PA Supreme Court 10: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorney for Defendant i\ '\;1 /. ERICA D. ANGLIN. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - 990 CIVIL ACTION - LAW CUSTODY JUDGE EDGAR B. BAYLEY v. LLOYD E. BAILEY, Defendant COMPLAINT FOR CUSTODY AND NOW, comes the Defendant, LLOYD E, BAILEY, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Defendant's Complaint for Custody: 1, The Plaintiff is ERICA D. ANGLIN, residing at last known address of 526 2nd Street, Carlisle, Pennsylvania 17013. . \ , I I I' I'.' 2. The Defendant is LLOYD E. BAILEY. residing at 8 Wilbur Drive, Carlisle, !' Pennsylvania 17013. 3. Defendant seeks custody of the following child: Name Present Residence Sharif-Omar Erick Washington 526 2'" Street Carlisle, PA 17013 4, Sharif-Omar Erick Washington was born out of wedlock. 5, The child is presently in the custody of Plaintiff, who resides at, 526 2nd DOB 0Cl14, 1997 Street, Carlisle, Pennsylvania 17013. I. 6, During the past five years, the child has resided with the following persons and at the following addresses: Persons Plaintiff Address 526 2nd Street Carlisle, PA 17013 7. The mother of the child is Plaintiff, currently residing at a last known address Duration Oct, 14, 1997 - Present of 526 2nd Street, Carlisle, Pennsylvania 17013, The mother is single, 8. The father of the child is Defendant, currently reSiding at 8 Wilbur Drive, Carlisle, Pennsylvania 17013. The mother is single, 9, The relationship of plaintiff to the child is that of mother, The plaintiff currently resides with the following persons: Name Tanya Washington Relationship Daughter 10. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Kim Bailey Mishawna Johnson Bailey Peggy Grimes Atelvage Bailey Relationship Wife Daughter Daughter Daughter 11. There is an existing Order of Court which has been attached hereto as Exhibit A. 12, Defendant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, 13. Defendant does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. VERIFICATION I, Lloyd E. Bailey, verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S, ~ 4904 relating to unsworn falsification to authorities. v[~~ o E, Bailey , Dated: I /l ?- / Cl9' I I @APR 3 0 1998 Erica D. AnqUn, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNS'lLVANIA . : v. . CIVIL ACTION - LAW . IN CUSTODY Lloyd E. Bailey, . . Defendant NO. 98 - 990 CIVIL TERM ORDER AND NOW, this ~ ~ ~ day of J __, 1998, the followinq Aqreement is approved and entered as an Order of Court. /3/ ~._ /~ 13c.u,~ ' I tJ J. TRIJE COpy FROM RcCORD In ;i.ls:i!!;;)ny ','li:r,r.:10f, I j13((J unto sel my hand and 'n' a """I "f ''',,' ""Jrt -. "" "I P . oJ'",.1 ~ ....\.0 II UI.#. 'u V4:p~:;.e, ~. This '~day o.~ ' 1!)i.? . O. 1',. 'ii~-f' Prolhorio ry 'Erica D. Anglin, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY Lloyd E. Bailey, Defendant NO. 98 - 990 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 3C.f\-. day of Ap L: I , 1998, between plaintiff, Erica D. Anglin, hereinafter mother, and defendant, Lloyd E. Bailey, hereinafter father, concerns the custody of the parties' minor child: Sharif-Omar Erick Washington, born on October 14, 1997. Mother and father desire to enter into an agreement as to the custody of the minor child and to have this agreement made an Order of Court. Mother and father hereby agree to the following: 1. The parties shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall exercise his right to partial physical custody at times and places mutua~ly agreed upon by the parties. 4. Either party shall be entitled to reasonable telephone access with the child even when that party is not exercising physical custody. 5.. The parties shall keep one another advised of their current address and telephone number. 6. Each parent will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 7. Neither party will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 8. The parties intend to be legally bound by the terms of this agreement and agree that it shall be made an Order of Court. W r f~~ L d E. Bailey, efendant ~. ~.~- E'rica D~ lin, Plaintiff Date '-1/.10/1'% /j,.' /'{'. (I~ (~l'iii-r.f'(l( Gail C. Calderwood Certified Legal Intern tfln?11 n, CJ-. Thomas M. Place Robert E. Rains Katherine C. Pearson SUPERVISING ATTORNEY Donald Marritz STAFF ATTORNEY FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 >- ..:1' ~ ~ C I-" r- '0 :.~:) ~:r ~;..: u~; n .~. (..):~ i'lii' ci: ~ ~.. @'.. ~: J ~L: ,... '" ,.) N ..L-"': o:h!l :;..:~ ~~;;{~ f_l: ..~... -. II. '""': 0 en :-:~J,;. c.-, (.) ...-,," -pP 'd -~lf<~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY Erica 0 Anglin, Plaintiff Lloyd E. Bailey, Defendant NO. 98 - 9r;o CIVIL TERM ORDER OF COURT AND NOW, this .)/.( day of ~tt.lI~ ' 1998, upon consideration of the attached complaint, ~t is hereby directed that the parties and their respective counsel appear before, \-\"}1:x-C -\ X. G;, \cO"I' \2':;,(\'. \ , the conciliator, at \1" L\\\'\ FI. Cc..,(-ercfll(.. QCJ:l-l\ , Cumberland county Courthouse, on the 30 day of /:"''fJ\\ \ , 1998, at 8:'SD Q,m., for a Pre-Hearing custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child's 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: 'Ki.~ x,.~ /~~_. custody Concil~ator (tl)~ 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. " Cumberland county Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. . ;:~IJr .C:(~'l:~:t c- " . . ":'TriY gn~C~?:J r.: 2: I! c.l~.,:.:~L;., i , . ' ,',,'j Y iJ,:;'!;' ',d.: f/;' , \'" c:;.$;;;',1 d-/'. ,1& .,n1';~/-i- 4~14>>d OJe)~.~ '1~ . . /21~ 1,,# .A(C;~ 0 ty; ~J . dcX'?~ ~ ~d--' cj/.~ /.:&. . I I ,. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY Erica 0 Anglin, Plaintiff Lloyd E. Bailey, Defendant NO. 98 - 990 CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Erica D. Anglin, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Erica D. Anglin, residing at 526 Second street, Carlisle, Cumberland county, Pennsylvania 17013. 2. The defendant is Lloyd E. Bailey, residing at 8 Wilbur Drive, carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: Name present Residence Date of Birth Sharif-Omar Erick Washington 526 Second street, Carlisle, 10/14/97 Pennsylvania, 17013 The child was born out of wedlock. The child is presently in the custody of the mother, Erica 0, Anglin. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Erica D. Anglin Tonya Lynel Washington 526 Second street, Carlisle, Pennsylvania, 17013 10/14/97 - present 4. The relationship of the plaintiff to the child is that of mother. She is single. She currently resides with the following .\i 1" ll. , ' \ ' I,. f ': !t ~, persons: RelationlJhiD daughter HAD Tonya Lynel Washington 5. The relationship of defendant to the child is that of father. He is married. He currently resides with the following persons: RelationshiD wife Name Kim Bailey Atlavilge Bailey Shawna Bailey son stepdaughter stepdaughter Peggy Bailey 6. plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. plaintiff has no information of a custody proceeding concerning the child pending in a court of this commonwealth. plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) plaintiff has been the primary caretaker of the child since birth. b) The child is an infant, 3 months old, and cannot be apart , from the plaintiff for extended periods of time because the child is being breast-fed. c) Plaintiff provides the child with adequate moral, emotional and physical support. d) Plaintiff is willing to and has made the child available to the defendant for periods of visitation. e) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. .\i I" \,' , \ , 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. ... l WHEREFORE, plaintiff requests the Court to grant to her primary physical and legal custody of the child. J Date: t.!lsjq,/ /'L--/I (~~ IlrJd11.l/IJd Gail C. Calderwood Certified Legal Intern ') \ , I I I j i' I I ~?tltl~C ,/e~ TH MAS M. PLACE ROBERT E. RAINS KATHERINE C. PEARSON Supervising Attorney DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North pitt Street carlisle, PA 17013 717/243-2968 I I \..; Ii I i I I ~ I.. t, , I >- I~' n; ..: ~ UJQ C i;.~ ..:" 82(', ~'. J. ~'; ..-:: 9;'- c " aL:; ('1 <! UII..~. N . '" ft~IJ (I.... r -. .-:. .1. I.!..} ;1.1 ~- L'. , ":LL I.L. ....! (".~ :::> 0 0' u t , flI~ ~Il\ / If van Erica D. Anglin, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. L1eyd E. Bailey, Defendant NO. 98- 9qD CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Erica D. Anglin, Plaintiff, to proceed in ferma pauperis. I, Gail C. Calderwood, of the Family Law Clinic, Certified Legal Intern for the party proceeding in ferma pauperis, certi fy that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date: .2-/I~) 'n( /1\ '( (I (~/;;~(in/I'{' GaJf C. Calderwood Certified Legal Intern '- .. (.' K f Cl-U' IlLL , IP flV-- ROBERT E. RAINS THOMAS M. PLACE KATHERINE C. PEARSON Supervising Attorney DONALD MARRITZ Staff Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 .' .\, ( \ Erica D. Anglin, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW I \ ., v. I' J :~ ' . , !/: Ef Lloyd E. Bailey, Defendant : NO. 98- CIVIL TERM AFFIDA VIT SUPPORTING PRAECIPE FOR LEAVE TO PROCEED IN FORMA PAUPERIS i t I. I am the plaintiff in the above matter and because of my financial condition am unable te pay the fees and costs of prosecuting or defending the action or proceeding. , 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the cests of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct. 1 \ , I (a) Name: Erica D. Anglin Address: 526 Second Street, Carlisle, PA 17013 Social Security No.: 154-80-3080 (b) Employment If you are presently employed, state Employer: NI A Address: NI A Salary or wages per menth: NI A Type of work: NI A If you are presently unemployed, state Date of last employment: 10/12/97 Salary or wages per month: $550.00 Type of work: Cashier (c) Other income within the past twelve months Business or profession: NI A Other self-empleyment: N/A Interest: NI A Dividends: NI A Pension and annuities: NI A Social security benefits: NI A Support payments: NI A ( , I h i{ ~ .. .~ .. Disability paymcnts: NtA Uncmploymcnt compensation and supplcmcntal bcncfits: Nt A Workman's cempensalion: NtA Public Assistancc: $403.00 Olhcr: $225.00 monthly food stamps, $400.00 HUD rcntal assistance WIC $200.00 (d) Olhcr contributions to houschold support Husband Name: NtA If your husband is cmployed, stale Employcr: NtA Salary or wages per month: Nt A Type ef work: Nt A Contributions from children: Nt A Contributiens from parents: Nt A Other contributions: Nt A (e) Property owned Cash: 0.00 Checking account: NtA Savings account: NtA Certificates of deposit: Nt A Real estate (including heme):NtA Motor vehicle: Make, Year 1987 Ford Escort Cost, Amount Owed $ $350.00 ($0.00 ewed) Stocks; bonds: NtA Other: (t) Debts and obligations Mertgage: Nt A Rent: $70.00 in addition to the rental assistancc Loans: Nt A Other: Electric $105.00 Telephone $39.95 Food $25.00 (in addition to the food stamps) Car Repairs & Gas $200.00 Miscellaneous (diapers, laundry, etc) $30.00 (g) Person dependent upon you for support Husband Name: Nt A Children, if any: Name: Age: Tonya Lynel Washington 3 years Sharif-Omar Erick Washington 4 months Other persons: NtA Name: Relationship: t (, I i I.~ l I' Il I,' . ~ ' . I i . . 4. I understand that I have a centinuing obligation to inform the court of improvement in my financial circumstances which would pcrmit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the pcnalties ef 18 Pa.e.S. ~4904, relating to unsworn falsification to authorities. Date~' :1 /- ~, (/ ,~" t- ~:t ,., lU!"":l r 'I .'~ f'< , ,.. 1._1 l?':-' . , r::~ r. !:if'l~' u:: ~ I ! fL I.l. l.J IrJ f., r:~ ,';... ." -. :..'i :./r ;',!:,',( .~':, :'J J_;:' :t, ;':" 'lIJ :na:. ~~ i o (0) C'..., cr'. t.,4J 1,,- (':.) 0, >- 1':0 .~ U; -" [-~ ~ ,..... ~~3. r UJ~? Q(r., ~,.. ~ ',~ p- 'I , ~~;: to: " ". .' F L' C . :':,.} J..I t~_ ''',' IT! ~ 11 r , Ii: :::.~ \'J1J.J ~L I I ;'.lQ.. .... L .. :-:: 1.1_ C , :,::, 0 c , l...l .~ '" ") , Q J u, Jl J K Erica D. Anglin, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY v. Lloyd E. Bailey, Defendant NO. 98 - '770 CIVIL TERM CERTIFICATE OF SERVICE . .,' .' I, hereby certify that I have served a true and correct copy of the Custody Complaint on Lloyd E. Bailey, residing at 8 Wilbur Drive, Carlisle, Pennsylvania 17013 by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by U"yd P.ru'rf'j on the ,24t1->day of February as evidenced by his signature on the attached green card. 1. I;' , . ? I. . "I J. 1/ / '~'.) - / . . ,J '-, . (i(! !{1(( '(6 J Gail C. C lderwood Certified Legal Intern FAMILY LAW CLINIC 45 N. pitt st. Carlisle, PA 17013 717-243-2968 ...-..'--....... ,'f~ ~ " ~i ~~ 't t '- '" t.i S " . MAY 1 3 199B tP ERICA D. ANGLIN, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW : LLOYD E. BAILEY, :NO: 98-990 CIVIL TERM Defendant :IN CUSTODY AND NOW, this /11' COURT ORDER day of May 1998, the Conciliator having convened a Conference at which time the parties reached an agreement and signed a separate Custody Agreement which the attorneys for the parties shall file with the Court Administrator, the Conciliator relinquishes jurisdiction. Hubert X. Gilro , Esquire Custody Concil ator >- l(.) ;~. 0; ;3!: s:; I.U~.? (~-: :~J:5 1'.., ~ Ii"c-:, 2: '. -:" ";:~j ~j~,;: ...:1" .~ C:IL~;: " /'.-) t..'-'.... - .";';< ::-J", ,- ~St-t5 Ll.;-., ""'J." F'- ~!~(1.." -. .,.- -. .", "'. 0", :.::> Co C)'I 0 . .., ERICA D. ANGLIN, PlaintilT IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW LLOYD E. BAILEY, Defendant NO. 98-0990 CIVIL TERM AND NOW, this ORDER OF COURT Z"&ti, day ofJanuary, 1999, upon consideration of Defendant's Petition for Emergency Relief Seeking Custody of the Minor Child, a hcaring is SCHEDULED for Friday, February 5, 1999, at 9:30 a,m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED and directed that the said child shaH not be relocated out ofthe court's jurisdiction pending further order of court. BY THE COURT, ,. ,," ..., . \..;) .~ I " -- ;.J , I~' :n t ., "..- . '.' ,In (..~ . t.;:J .. >~i' (:';ll:J ~>:l-: ..":) ~"J . r .5:0 . . , -(~ 5 ~ ~-:: - ljr .., .. ~p! ~-J :.11 ?i ". ..n Erica D. Anglin 526 Second Street Carlisle, PA 17013 Plaintiff, Pro Se w.l->.:........,,-o:.c...,t , / .:)~/ 'I?, II .,;.. -fJ . Peter J. Russo, Esq. 61 West Louther Street Carlisle, PA 17013 Attorney for Defendant :rc . " ., ,.,0 .' i:~ i':' I. ,. t.\ ~, 1 \. () M; I I ~ " , ~. .r,.,'" .,. .. '/r '",~ r , . , l' ,("~ i...~~_. ':l _ 1i(<~...~_~_ , ,~:' ; ,1 i' . ~ :'1" . ~;~; ~'i >. . ...-.-.t'.:....., .~ ", ..< ~. , iJ":\'._ ".,i,l "1' .c.... ..", .. . . ~ -, ..... f" r .. "/ ~ :~~.' : i', , , . .~- , , I ..P'$, .,'. '", " ~i .' ,. " '- i \ 1 I t 'I I ". -, /I:' 'I ,> ~ \ . ,r I . . .~ :.,\> . , " ~. .:..t: ,'" 11',:0,'" ,. I '-~ ~ " . '-' . . , . '. i~ ERICA D. ANGLIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 . 990 CIVIL ACTION. LAW CUSTODY JUDGE EDGAR B. BAYLEY v. LLOYD E. BAILEY, Defendant ORDER OF COURT AND NOW, this day of January, 1999, upon consideration of the attached Petition for Emergency Relief Seeking Custody of the Minor Child, Petitioner's requested relief is hereby GRANTED, Petitioner is awarded temporary physical custody of the minor child, Sharif-Omar Erick Washington, born October 14, 1997, until further Order of Court, Neither party shall remove the child from this Court's Jurisdiction until further Order of this Court, BY THE COURT, Judge Edgar B, Bayley . I' , ..1 . ':r v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 . 990 CIVIL ACTION. LAW CUSTODY ERICA D. ANGLIN, Plaintiff LLOYD E. BAILEY, Defendant JUDGE EDGAR B. BAYLEY ORDER OF COURT AND NOW, this day of January, 1999, upon consideration of the attached Petition for Emergency Relief Seeking Custody of the Minor Child, Petitioner's requested relief is hereby GRANTED. Neither party shall remove the child from this Court's Jurisdiction until further Order of this Court, BY THE COURT, Judge Edgar B, Bayley , . t , , .' , , . , 5, The child is presently In the custody of Plaintiff, who resides at, 526 2nd Street, Carlisle, Pennsylvania 17013, 6, During the past five years, the child has resided with the following persons and at the following addresses: Persons Plaintiff Duration Oct, 14, 1997 - Present Address 526 2nd Street Carlisle, PA 17013 7, The mother of the child is Plaintiff, currently residing at a last known address of 526 2nd Street, Carlisle, Pennsylvania 17013, The mother is single, B. The father of the child is Defendant, currently residing at B Wilbur Drive, Carlisle, Pennsylvania 17013, The mother is single, 9, The relationship of plaintiff to the child is that of mother, The plaintiff currently resides with the following persons: Name Tanya Washington Relationship Daughter 10. The relationship of defendant to the child Is that of father, The defendant currently resides with the following persons: Name Kim Bailey Mishawna Johnson Bailey Peggy Grimes Atelvage Bailey Relationship Wife Daughter Daughter Daughter , ! 11, There is an existing Order of Court which has been attached hereto as Exhibit A. 12. Defendant has simultaneously filed a complaint for custody which is attached hereto as Exhibit B. 12. Defendant has no information of a custody proceeding concerning the child " . .. . ., . ..,- '. .~, r . ., pending In a court of this Commonwealth. 13, Defendant does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. , .. , ~ I l 15. Defendant was advised by Plaintiff that she was being evicted from her home at 526 2nd Street In Carlisle, 16. Plaintiff further advised Defendant that she had not found a substitute for her present housing. 17. Plaintiff intimated to Defendant that she might be leaving the Commonwealth of Pennsylvania to seek housing, 18, Defendant Is concerned about Plaintiffs statements about leaving this jurisdiction without providing any further information, 19. Additionally, Defendant is highly concerned that the subject minor child may be homeless in the immediate future, , ~ . i , I 20, The best Interests of this child would be served if Plaintiff were prevented from leaving this jurisdiction before a hearing could be heard on this matter, 21, The best interests of this child would further be served if Defendant were provided primary physical custody until Plaintiff finds suitable alternative housing, 22, Counsel for Defendant has advised the last known attorney that represented Plaintiff in this action of the filing of this complaint and the Petition for Special Relief. _. . I . ... ' , @APR 3 0 1998 .- '. .- Brica D. Anqlin, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. . CIVIL ACTION - LAW . . IN CUSTODY . . . Lloyd 2. Bailey, . . Defendant . NO. 98 - 990 CIVIL. TERM . " .{, ( \ \'1 , '. ., j, ORDER AND NOW, this -:)>2:' day of ~ , 1998, the followinq Agreement is approved and entered as an Order of Court. , / ~/ [~~---- /~ li. A J. TRUE COpy FfiCM RECORD In .es..ill.,\."." '.",,~ f J'" .4 . .....~.... "/1..".:,0. 11:}IJ I~["O sel lilY hand and 'n' a ~"~ll\f "'1'". :"!Jrt .. "'ri'-I" p~ . ...I:A.I. 4....... Jw 'a' "'''' h.It..., ..... This 1~ day O.f~. . 19f.? · i .. (2 Ivt ~~on~J;t. \', '- ., . .... " , ",.. Erica D'. ~!1lin. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY Lloyd E. Bailey, Defendant NO. 98 - 990 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 30fk day of Ap"^" , 1998, between plaintiff, Erica D. Anglin, hereinafter mother, and defendant, Lloyd E. Bailey, hereinafter father, concerns the custody of the parties' minor child: Sharif-Omar Erick Washington, born on October 14, 1997. Mother and father desire to enter into an agreement as to the custody of the minor child and to have this agreement made an Order of Court. Mother and father hereby agree to the following: 1. The parties shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall exercise his right to parcial physical custody at times and places mutua~ly agreed upon by the parties. 4. Either party shall be entitled to reasonable telephone access with the child even when that party is not exercising physical custody. 5.. The parties shall keep one another advised of their current address and telephone number. 6. Each parent will notify the other immediately of medical emergencies which arise while the child is in that parent'9 care. .. , . ,- . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 .990 CML ACTION - LAW CUSTODY JUDGE EDGAR B. BAYLEY ERICA D. ANGLIN, Plaintiff v. LLOYD E. BAILEY, Defendant QRDER OF COURT AND NOW, this day of ,1999, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Conciliator, at on the day of , 1999, at ,m. for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may at the request of either attomey or party, be present at the conference. Failure to appear at the Conference may provide groundS for the entry of a temporary or pennanent Order, FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD 'rAKE 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. Cumberland County Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 , .. , ,,-,... , t, t...... pETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorney for Defendant ERICA D. ANGLIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - 990 CML ACll0N - LAW CUSTODY JUDGE EDGAR B. BAYLEY : v. LLOYD e. BAILEY, Defendant COMPLAINT FOR CUSTODY AND NOW, comes the Defendant, LLOYD E. BAILEY, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Defendant's Complaint for Custody: 1. The Plaintiff is ERICA D. ANGLIN, residing at last known address of 526 2nd Street, Carlisle, Pennsylvania 17013. 2. The Defendant is LLOYD E. BAILEY. residing at 8 Wilbur Drive, Carlisle, Pennsylvania 17013. 3. Defendant seeks custody of the following child: DOB Oct. 14, 1997 Name present Residence Sharif-Omar Erick Washington 526 2'" Street Carlisle, PA 17013 4, Sharif-Omar Erick Washington was born out of wedlock. 5. The child is presently in the custody of Plaintiff, who resides at, 526 2nd Street, Carlisle, Pennsylvania 17013. . ... . -.. . i. '- ....... Persons Plaintiff Address 526 2nd Street Carlisle, PA 17013 7, The mother of the child is Plaintiff, currently residing at a last known address Duration Oct. 14, 1997 - Present , /. ,,-") 1 ' JI la I I, I" ! 6. During the past five years, the child has resided with the following persons and at the following addresses: of 526 2nd Street, Carlisle, Pennsylvania 17013, The mother is single. 8. The father of the child Is Defendant, currently residing at 8 Wilbur Drive, Carlisle, Pennsylvania 17013. The mother is single. 9. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Tanya Washington Relationship Daughter 10. The relationship of defendant to the child is that of father, The defendant currently resides with the following persons: Name Kim Bailey Mishawna Johnson Bailey Peggy Grimes Atelvage Bailey Relationship Wife Daughter Daughter Daughter 11, There is an existing Order of Court which has been attached hereto as Exhibit A. 12. Defendant has no information of a custody proceecling concerning the child pending in a court of this Commonwealth, 13. Defendant does not know of a person not a party to the proceeclings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. . . .-. , .- PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Loulher Street Carlisle, PA 17013 (717) 249-2721 Attomey for Defendant ERICA D. ANGLIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - 990 v. LLOYD E. BAILEY, Defendant CIVIL ACTION - LAW CUSTODY JUDGE EDGAR B. BAYLEY CERTIFICATE OF SERVICE ') I . , I, Peter Russo, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: Erica A. Anglin 526 2nd Street Carlisle, PA 17013 ( ) } Thomas M. Place, Esquire Robert E. Rains, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (VIA TELECOPIER & US MAIL) G2t-~~ Peter J. Russo ;\...; Ii ,II :i! I ! \ ,\1 tl Date: d ;;)'/1 q '1 \ " >- -~. "- a, e;: L- ;S 1I1~:? ~~ i C.) ......:.~ , " p:~..! ...... .J..'.. n.. r-.; " ~f'~ ., ,.... ,: ~! LI.lU... C~J . EEILI :~. , t 'l,~d ... ~.... 1..1(':"" 1-- -, l.l. ...~ 0 Cf'\ ::J Co... U '- , .... . """. .' FEB ] Ii lqlJ~,. ,\.. ERICA D. ANGLIN Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. v. NO. 98-990 CIVIL ACTION-LAW LLOYD E. BAILEY Defendant CUSTODY JUDGE WESLEY OLER, JR. ORDER AND NOW, this ,~ 'it. day of t~~r ~ ~ 1-' 1999, upon consideration of the attached Motion, it is hereby directed that a hearing be held on the ~ day of .kv~~ -fl- / ~..1 , 1999, at /:.30 o'clock ---i-,M.1 concerning the custody of Sharif- Omar Erick Washington. BY THE COURT, o~i. :s .W~~ ''1 ~"(c.-rf \3',. . ~v I{*f ~/I ;P ~.'~N\;I^1ASNt{ I !1\lnr' ", n,'.-f1u: ~.. ",)'.J ~_1. ,c.. / > " . . ' . ..: ..'.' -'~. . - .. I ;' I "\1 if " , ., /1 , ,! ( ,I ERICA D. ANGLIN PlainlilT IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. v. NO. 911-990 CIVIL ACTION-LA W LLOYD E. BAILEY Defcndant CUSTODY JUDGE WESLEY OLER, JR. MOTION FOR A (-lEA RING THE PLAINTIFF, Erica D. Anglin, by hcr attorneys, the Family Law Clinic, respectfully requests the Court to schedule a hcaring in the abovc captioned matter, and in support thereof states the following: 1. The Plaintiff is ERICA D. ANGLIN, who resides at 20 East Pomfret Street, Carlisle, Pennsylvania 17013, , .1 . I 2. The Defendant is LLOYD E, BAILEY, who resides at 8 Wilbur Drive, Carlisle Pennsylvania 17013. , , , 3. Plaintiff and Defendant are the parents of Sharif-Omar Erick Washington born on October 14, 1997. 4. Plaintiff is also the mother of Tonya Washington, born on April 14, 1994. Tonya has lived with her mother sincc her birth and with Sharif since his birth. 5, On April 30, 1998, this Court entered a Custody Order concerning Sharif. Pursuant to the Order, Mother had primary physicul custody of Sharif, and the Father had periods of partial custody. A truc copy of the Order is attached as Exhibit A. 6, On or about January 22, 1999, Mothcr moved from her residcncc at 526 Second ::r. ! \: , Strcct Carlislc, Pcnnsylvania, to thc lIarvon MOlcl, 851 North Hanovcr Strcct, Carlislc, Pcnnsylvania. On or ahout Fchruary 8, 1999, Mothcr movcd to thc Stuart HOllse, 20 East Pomfrct Strcct, Carlislc, Pcnnsylvania, whcrc shc currcntly rcsidcs with Tonya. Stuart Housc ,i :' is operntcd hy the Salvation Army. Mother, Tonya, and Sharif may rcmain thcrc for thc ncxt nine to twclve months, while Mothcr sccks morc permancnt housing. 7. On Fcbruary 5, 1999, the Court cntcrcd un Ordcr granting temporary physical custody of Sharif to Fathcr, pursuant to his Petition For Special RelicI' tilcd January 27, 1999. A true copy of the Order is attached as Exhibit B. l 8, Contrary to thc allcgations in Futher's Petition for Special Rclicf, Mothcr was ncvcr homeless, has not been in danger of hcing homclcss, and has always had adequatc housing for herself and her children. 9. Mother wus not aware of thc petition and compluint filed by Father on Januury 27, 1999 until February 10, 1999, when she went to the day care to pick up Sharif, who was not I . I there, 10. Although Plaintiffmovcd from 526 2nd Strcet, Carlisle Pennsylvania 17013, Father Ii always knew how to contact Plaintiff through Mother's cmployer, and family members living in the community. 11. According to the Order entered on February 5,1999, Father stated that he is willing to return to the terms of the original custody order whcn Mother has permunent housing. 12. Mother has never indicated an intention to Icave the Commonwealth and has no I plans to do so. 13. In its order of February 5, 1999, the Court indicated tllllt it would promptly schedule a hearing at the request either purty. '. .\, i ,\ !:.mtT....lcNm OF SI~I{VICg . , Thc undcrslgncd hcrchy ccrtifics that on this datc, hc scrvcd n truc and corrcct copy of the Motion for a Hcarlng on counscl for dcfcndant hy hand-dclivcring a truc copy of thc samc I' -\ J. to Pctcr J. Russo, 61 Wcst Louther Strcct, Cnrlisle, Pennsylvania, 17013. Willi~~~7/ Ccrtified Legal Intern Dated: February 12, 1999 (' Ex 11:6;1- A- v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY \; Erica D. Anglin, Plaintiff Lloyd E. Bailey, Defendant NO. 98 - 990 CIVIL TERM ~J . ., (. ,I CUSTODY AGREEMENT THIS AGREEMENT, made this .3C+\-. day of Ap~: I , 1998, between plaintiff, Erica D. Anglin, hereinafter mother, and defendant, Lloyd E. Bailey, hereinafter father, concerns the custody of the parties' minor child: Sharif-Omar Erick Washington, born on October 14, 1997, Mother and father desire to enter into an agreement as to the custody of the minor child and to have this agreement made an Order of Court. Mother and father hereby agree to the following: 1. The parties shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall exercise his right to partial physical custody at times and places mutua~ly agreed upon by the parties. 4, Either party shall be entitled to reasonable telephone access with the child even when that party is not exercising physical custody. S. The parties shall keep one another advised of their current address and telephone number. 6. E3Ch parent will notify the other immediately of medical emergencies which arise while the child is in that parent's care. , .. ExA(bi-l- (J ERICA D. ANGLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. LLOYD E. BAILEY, Defendant 90-0990 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of February, 1999, upon consideration of Defendant's Complaint for custody (petition for modification of custody order), and following a hearing at which Defendant appeared and was represented by Peter J. Russo, Esquire, and Plaintiff did not appear, and at which evidence was presented tending to show that Plaintiff no longer has a permanant residence, it is ordered and directed with respect to the parties' child, Sharif-Omar Erick Washington (date of birth October 14, 1997) as follows: 1. Pending further Order of Court, legal custody of the child shall be shared by the parties, and primary physical custody of the child shall be in Defendant, the father. 2, Pending further Order of Court, temporary physical custody of the child shall be in Plaintiff, the mother, at such times as the parties mutually agree. It is noted that a custody conciliation conference is scheduled in this case before Hubert X. Gilroy, ~ , Esquire, Custody Conciliator for March 25, 1999, at 9:30 a.m. It is noted further that the Defendant has indicated that he would be willing to return to the prior custody arrangement at such time as Plaintiff has established a permanent residence. The Court will schedule a hearing on this matter promptly at the request of either party. By the Court, Erica A. Anglin 526 2nd street Carlisla, PA 17013 Peter J. RUsso, Esquire 61 West Louther street Carlisle, PA 17013 Counsel for Defendant Family Law Clinic 45 North Pitt street Carlisle, PA 17013 :lkt 1"/1,' . ..,11 I " IV ERICA D. ANGLIN, Pluintill' IN TIlE COURT OF COMMON PLEAS OF CUMBERl.AND COUNTY,PENNSYLVANIA v CIVIL ACTION - LAW NO. 98.990 CIVIL IN CUSTODY LLOYD E. BAILEY, Dclcndullt COURT ORnER AND NOW, this ~ 0 f~day of Murch, 1999, upon considcrution of the Conciliution Rcport, it is ordcrcd and dircctcd as follows: attachcd Custody 1. This Court's Order of Fcbruary 5, 1999 shall rcmain in cffect subject to thc modifications set forth bclow: A. Mother's periods of tcmporary custody shall include the wcekcnd of Murch 26 through thc 281h und shall also includc at Icast 4 hours on Eastcr Sunday at a timc to be agreed upon by parties. B, The partics shall meet with the Custody Conciliator again for a second Conciliation Conferencc on Tuesday, April 6, 1999 at 2:00 p.m. In the event the parties are unablc to rcach an agreemcnt at that Conciliation Conference, the heuring scheduled for April 8, 1999 at 1 :30 p.m. shall remain as schedulcd. BY TI-IE COURT, cc: ~:~~~RpU~~~ Esq, . _ Coj'':',v ,'llt.,~A 3 J. PbSE pGC.C 110 -r, L~ , OF F'l ;.D-C':F'/"r: . .'. I 'VI~ il: ' ;"," '''''''.!if.JW 1'9 r.H,ry ':n 1"1',; ",',: ')1 ;), /.,<,':.. '. I CU:\L.;':;" Fi.';-r, .' j.>,.~J",;jY :;\1'.',"',:',.'\ ~ , 0- . . ERICA D, ANGLIN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LLOYD E. BAILEY, Defendant 98-0990 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of February, 1999, upon consideration of Defendant's complaint for custody (petition for modification of custody order), and following a hearing at which Defendant appeared and was represented by Peter J. Russo, Esquire, and Plaintiff did not appear, and at which evidence was presented tending to show that Plaintiff no longer has a permanant residence, it is ordered and directed with respect to the parties' child, Sharif-Omar Erick Washington (date of birth October 14, 1997) as follows: 1. Pending further Order of Court, legal custody of the child shall be shared by the parties, and primary physical custody of the child shall be in Defendant, the father. 2. Pending further Order of Court, temporary physical custody of the child shall be in Plaintiff, the mother, at such times as the parties mutually agree. It is noted that a custody conciliation conference is scheduled in this case before Hubert X. Gilroy, Esquire, Custody Conciliator for March 25, 1999, at 9:30 a.m. It is noted further that the Defendant has indicated that he would be willing to return to the prior , - . ' iI, I ,\, 'f ' , , I ' !I~ I custody arrangement at such time aD plaintiff has established a permanent residence, The Court will schedule a hearing on this matter promptly at the request of either party. By the Court, Erica A. Anglin 526 2nd street Carlisle, PA 17013 Peter J. Russo, Esquire 61 West Louther street Carlisle, PA 17013 Counsel for Defendant Family Law clinic 45 North pitt street Carlisle, PA 17013 :lkt coPies. f-I."'dL..EP z..q." '" -1..\C-'T ,