Loading...
HomeMy WebLinkAbout98-01381 .. DANIEL R. ALLEN, JR., Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO . 9 d. J3 ~ I {l;..J -'-:t..<- CHARLANNE F. DAVIS, Respondent. CIVIL ACTION--CUSTODY EMERGENCY PETITION TO CONFIRM CUSTODY Petitioner, DANIEL R. ALLEN, JR., by and through his attorney Gerald S. Robinson, Esquire, and the law firm of Robinson & Geraldo, respectfully requests the following: 1. Petitioner is DANIEL R. ALLEN, JR., an adult individual currently residing at 7073 Carlisle Pike, Lot 169, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is CHARLANNE F. DAVIS, an adult individual currently residing at HRC 1, Box 83, Huntingdon, Pennsylvania, 16652. 3. The Parties are the natural parents of Mitchell T. Allen, born May 22, 1996. . 4. The child was born out of wedlock. 5. The child is presently in the custody of Respondent at, HRC 1, Box 83, Huntingdon, Pennsylvania, 16652. 6. The minor child has resided with the following individuals at the following addresses since birth: 'I :1 " : ~ I, ! ~ a. Huntingdon, Pennsylvania from birth until May 22, 1997 with Petitioner and Respondent. b. Perry County, Pennsylvania from May 1997 until August 1997 with Petitioner and Respondent. c. 7073 Carlisle Pike, Lot 169, Carlisle, Pennsylvania from August 1997 until March 3, 1998 with Petitioner and Respondent. d. HRC 1, Box 83, Huntingdon, Pennsylvania from March 3, 1998 until present with Respondent and Respondent's mother and step father. 7. Petitioner, the natural father of the child, is single and currently resides alone. 8. Respondent, the natural mother of the child, is single and currently resides with her mother and step father. 9. On or about March 3, 1998, Respondent unilaterally abandoned the present residence leaving the area with the minor child and the Petitioner's truck without informing Petitioner. 10. Respondent's whereabouts were unknown until Friday, March 6, 1998, at which time Respondent informed Petitioner that she was staying with her parents in Huntingdon, Pennsylvania. Respondent is now temporarily living with her mother and step father in Huntingdon, Pennsylvania. 11. Petitioner was permitted to visit with the minor child from March 6, 1998 and returned the child on March 8, 1998. Respondent informed Petitioner that future visitation would not be permitted without a Court Order. 12. Respondent's lifestyle is unstable for the minor child due to Respondent's relocation and substance abuse. ; 13. Respondent and the current boyfriend were arrested on drug charges by the Silver Spring Township Police Department on February 27, 1998. Based upon information and belief, crimnal charges are pending against Respondent. 14. Respondent is currently unemployed. 15. Petitioner is best able to care for the minor child, as he is steadily employed and has a stable residence. 16. Petitioner 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. 17. For the foregoing reasons, it is in the best interest and welfare of the minor child to be placed in the primary physical custody of Petitioner. WHEREFORE, Petitioner respectfully requests this Honorable Court to grant him primary physical custody of the minor child pending further order of court. Respectfully submitted, By Gerald S. Robinson, Esquire ROBINSON & GERALDO Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Petitioner -. VERIFICATION I verify that the averments made in the foregoing Emergency " Custody Petition are true and correct according to the information supplied to me by my client. I understand that false statements herein are made Subject to the penalties of 18 Pa.c.s. Section 4904, relating to unsworn falsification to authorities. 3 JCj Jq~ Date . ~<:'1,(<<~~ 5. A conciliation or mediation conference on said custody action was scheduled for September 25, 1997 at 1:00 P.M. before the Honorable Stewart L. Kurtz in the Court of Common Pleas of Huntingdon County, Pennsylvania, but was continued to give the parties an opportunity to reconcile with a new hearing date to be set upon application of either party. A copy of the Civil Continuance Request and Order, marked Exhibit "C", is attached hereto and incorporated herein by reference thereto. 6. Charlanne F. Davis through counsel petitioned for a Conciliation Conference on March 9, 1998 and the Honorable Stewart L. Kurtz signed a scheduling Order on March 10, 1998, setting this matter down for April 30, 1998 at 9:00 A.M. 7. A copy of the Scheduling Order and Petition, marked Exhibit "0", is attached hereto and incorporated herein by reference thereto. 8. Plaintiff in the Cumberland County action received notice of said hearing in the Huntingdon County action by means ofU. S. Certified Mail. A copy of the Return of Service, marked Exhibit "E", is attached hereto and incorporated herein by reference thereto. 9. Venue of this action is proper in Huntingdon County pursuant to Pa. R.C.P. 1915.2(a)(I)(i) whic:h provides that "An action may be brought in any county which is the home county of the child at the time of commencement of the proceeding", and Pa. R.C.P. 1915.2(a)(2) which provides that "An action may be brought in any county in which it is in the best interest of the child that the Court decide the matter because the child and the child's parents, or the child and at least one party have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training and personal relationships". VERIFICATION I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date; 3/21/(7' 'i . r ~A-;.- /..."",~ ~_ Charlanne F. Davis " ... ~.. ...... ~....... IN TilE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA CIVIL DIVISION CIIARLANNE F. DAVIS, Plnintill' NO t.r1 -/ - I ..;' ,,/ v' . , -, / vs. CUSTODY DANIEL R. ALLEN, JR.. Dcfcndunt PRDER OF COURT You, DANIEL It ALLEN, JR., Plaintin: have been sued in Courllo obtain custody, partial custody or visitution of the child, MITCHELL THOMAS ALLEN. You are ordered to appear in pcrson al Courtroom No. ---L-, Huntingdon Counly Courthouse, Hunlingdon, Pennsylvunia, on the r.15'!~\ day of S..('rJ../l'V' t.l'~ . 199...2.... al I. <". o'c1ock -1.:. M., lor ~ u conciliation or mediution confcrence. _ u pretriul conference. '_. a hcaring before the COUl'l. Untilthc time ofthc confcrcncc, the child shall remain in the custody ofPlaintiO: 1 f you Iililto appcar us providcd by this Order. un Ordcr for cuslody, parlial custody or visitution may bc cntercd aguinst you or thc Court may issue a warrant for your arrest. YOU SHOULD TAKE TI.IIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IIA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI I i31~I .OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Huntingdon County Courthousc Huntingdon, PA 16652 (814) 643-5078 r I . , I)",,, ~t ~w2it Stewart Kurtz J. I~J ( '1~n :\.''''. . , . 01 k ot coullS ollleo Fllod In Prolhonol8lV I al "1 . : ,.",r 1 3 \CJ-o E~.~ibit "A-I" IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENN:iYlVANIA CIVil CONTINUANCE REQUEST CAPTION: CII^Rr,^NN~~ F. DAVIS CASE Nt). 97-1244 TYPE OF HEARING (Check one) ARBITRATION CONCiliATION CONFERENCE CUSTODY PRE.TRIAl CONFERENCE TRIAL ARGUMENT COURT OTHER (Spccify) vs, DANIEL R. ALLEN, JR. x x THIS CASE IS PRESENTLY SCHEDULED FORSept, 25,1997 at 1:00 P.M. (Date ~ Time - Place) . (1) REASON FOR REQUEST: T,he part~es are ilttempt~nq to reconcile. .. (2) 'IF lESS THAN TEN (10) DAYS, REASON FOR UNTIMELY FiliNG: N/A (3) NUMBER OF PRIOR CONTINUANCES: o o BY THE PLAINTIFF BY THE DEFENDANT REQUESTING ATTORNEY: (PRINT) Barbara S. Baxter ,COUNSEL FOR: Charlanne F. Davis . /( - A ...d (Name or Client) . (SIGN) 7~/', ,~~ OPPOSING COUNSEL: (PRINT) none (AGREES WITH) (OBJECTS TO) THE REQUEST. (SIGN) (PRINT) (SIGN) (AGREES WITH) (OBJECTS TO) THE REQUEST, ORDER AND NOW, thisIS~~ay of S t~Q"""~A ,1991, the above continuancc is GRANTED'~~~~ NEW HEARING DATE: upon request of either party (Date. Time. Place) cc: File Original Counsel Court Administrator BY THE COURT, 2/1/93 I k I Caurlo alhe. F~'edlnstttg '1997 Exhibi t ~ "C" f , ..... ": () \.0 !;f? ~. !;; Co "'O~ -.. =;:! 2;'"; 0"5' =0 ii'i:O ..... -I ~ .- N i?$ Cij~, 0" 0) i:! "':'; '::'> ..... ,~.... ::>0 ~JO ;!::(') .~ a:tJ :;'~c" - ....(':) ';'o&:; - 01'11 ~ I\J 'hi ::., .,... -<: DANIEL R. ALLEN, JR., Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-1381 CHARLANNE F. DAVIS, Respondent. CIVIL ACTION--CUSTODY ANSWER TO PRELIMINARY OBJECTIONS AND NOW COMES, Petitioner, DANIEL R. ALLEN, JR., by and through his attorney Gerald S. RObinson, Esquire, and the law firm of Robinson & Geraldo, and respectfully answers the Respondent's Preliminary Objections as follows: 1. This is a custody action involving the minor child borne of the parties. 2. A custody action was initiated in Huntingdon County involving these parties and the minor child in August 1997. A custody conciliation conference was scheduled for September 25, 1997, but it was continued because the parties reconciled. 3. The parties and the minor child moved from Huntingdon County to Perry County in June of 1997 and lived in Perry County until August 1997. 4. In September of 1997 the parties and the minor child moved into the Petitioner's current residence at 7073 Carlisle Pike Lot 169 and resided there continuously until March 3, 1998 when Respondent unilaterally decided to move to Huntingdon County, and took the minor child with her. 5. Prior to the March 3, 1998 move, Respondent and minor child last lived in Huntingdon County in June of 1997. 6. Petitioner filed an Emergency Petition to Confirm Custody in Cumberland County on March 12, 1998 and an Order scheduling a prehearing conference was entered on March 16, 1998. 7. Petitioner was served with the Order scheduling the Custody Conciliation Conference in Huntingdon County on March 14, 1998, two days after he filed for Custody in Cumberland County. 8. Venue is proper in Cumberland County pursuant to Pa. R.C.P. 1915.2 (a)(l)(ii) which provides that an action may be brought in any county which as been the child's home county within six months before the commencement of the proceeding and the child is absent from the county because of the child's removal or retention by a person claiming the child's custody or for other reasons and a parent or person acting as a parent continues to live in the county. 9. The Petitioner continues to live in Cumberland County. 10. Venue is proper in Cumberland County pursuant to PaR.C.P. 19l5.2(a)(2) which provides that an action may be brought in any county in which it is in the best interest of the child that the court decide the matter because the child and the child's parents, or the child and at least one party have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training and personal relationships. 11. When Respondent took the child from Cumberland County on March 3, 1998 the child was 21 months old, and had lived its last 8 months in Cumberland County with both parties where both parties have significant connections. 12. Although a prior custody action had been initiated in Huntingdon County, the parties reconciled and lived together outside of Huntingdon County for more than six months before Respondent requested a custody hearing after cancelling the first scheduled hearing. WHEREFORE, Petitioner requests that the preliminary objections filed by the Respondent be dismissed. Respectfully submitted, ROBINSON & GERALDO By j.(.JJ-..~ Gerald S. Robinson, Esquire Attorney I.D. NO. 27423 4407 North Front Street P,O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Petitioner r, IN THE COURT OF COMMON PLEAS OF CUMBERLANIJ COUNTY, PENNSYL VANIA CIVIL DIVISION DANIEL R. ALLEN, Plainlifl' vs. No. 98-138 J Civil CHARLANNE F. DAVIS, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, BARBARA S. BAXTER, ESQUIRE, HEREBY CERTIFY that on March 27, 1998, I served a true and correct copy ofthc Notice To Plead attached to the Defendant's Preliminary Objections To Plaintiff's Complaint and Motion To Dismiss filed in the above captioned matter on March 26, 1998, upon Dawn S. Sunday, Esquire, Custody Conciliator of Cumberland County, Pennsylvania, and upon Gerald S. Robinson, Attorney for Daniel R. Allen, the Plaintiff, by United States first-class mail, postage prepaid, from Huntingdon, Pennsylvania, addressed as follows: Dawn S, Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Gerald S, Robinson, Esquire P. 0, Box 5320 Harrisburg, P A 17110 Dated: ~ oJ '" I IqCJ 8' ~.A. 6.-t.o..J..~ Barbara S. Baxter, Esquire Attorney for Defcndant P. 0, Box 361,309 Fourth Street Huntingdon, PA 16652 (814) 643-3301 ;. '1:', " ,'->/ " ,i"- ;'j .;" ':,; " .. ..,' '" '"J , ~ .; .~. .. ;, 0 lD 0 C ~. ..~ . -" .!;-o f[~.: :;:0., ~ .,~ nll"-,' -:;;:) ;'!i:rl a;~ " ,- f)-I ~;., I "'8 <:0 ., JC: -~.... . ;'2, t:, ~~~~:, ."'rJ :,:r::.n -,,". '"., ...~() ;~~_? :,.: (jfn " ::;::-1 :::: :.n ~; -_I ~ -, @JUN 0 it 1991l DANIEL R. ALLEN, JR., . IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA va. NO. 98-1381 CIVIL TERM . . CHARLANNE F. DAVIS, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . aIDER OF CXXlRT AND ~, thia 28th day of May, 1998, the Conciliator, being advised that all custody issues have been resolved by agreement, hereby relinquishes jurisdiction in this case. FOR THE COURT, S. Sunday, Esqulr CUstody Conciliator .1-. (") \D ~ ,~ OJ ,r- e=J' 'I'. -CO} c::: 71- :!! \ ron' :x: n~bj k:D , ..., . z':! '8'b ci) .' tJ1 ",. ;::'.t) -.:l :~33 ~-) ::r; '=0 ~ %~ ';f.- c.: ~ 3.. 0 ;P.; C1' ~ i{' , {" I' ',; ,.... I "', I .1" i .J' ! I. , I ! "