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Home My WebLink About00-05893 "'~O_ - ! -;rg~ BRIAN MYERS, Plaintiff vs. : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. (36 - )" '1 q"3 u'Vt' ( rr~"" : CIVIL ACTION -AT LAW : CUSTODY RAE MALLEIN, Defendant ORDER OF COURT AND NOW, upon consideration of Plaintiffs Petition for Emergency Relief, it is hereby ordered and decreed that temporary primary physical custody of the parties' minor child, Jade Myers, bom May 10, 1995, shall be with Father, Brian Myers, pending scheduling of a conference, hearing, or trial on the matter. Mother. Rae Mallein, is directed to immediately return the child to Pennsylvania and transfer custody to Father. DATED: ~\ a~ )00 / , / -~""~ "~~oIHiili~Jilli!-- t,l ~ f~ ~ f ,.,,, .~'lI""'-"d.:ii\il!.~.!I-ihii\llili,ii"I~IU;{l\!Hi.iWlo~~""""" - '.ilItiIlL' "~ _ii __.~...J... VJ!~V;n,\SNN=1d !liNin, '" '1" M ,- IU. I ~,1;..; "- ,\;7 ::'.'1=J8!/Vna rf' .r 'l'e.' ,",v. , -'0 ..) 110/ tlZ 8f/lf 00 ,>~ ,",~ o<,_",,,,,^' ",,,,,,~,-,,.>,-,",, .,,,,,,, "~,,,>,_ ~,_, - .,,~ -0< "~.. - ", ,,~. ,,~. ~ ..11 -,~ : .J'... L -~ j G ' ,--,,--c,'-, ""-r" BRIAN MYERS, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. RAE MALLEIN, Defendant : CIVIL ACTION - AT LAW : CUSTODY PETITION FOR EMERGENCY RELIEF. REQUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY AND NOW, comes the Plaintiff, Brian Myers, by and through his attorney, Jeanne B. Costopoulos, Esquire, and respectfully avers the following in support of this Petition for Emergency Relief: 1. The Plaintiff, Brian Myers, is an adult individual who currently resides at 884 Schoolhouse Lane, Lewisberry, York County, Pennsylvania 17339. 2. The Defendant, Rae Mallein, is an adult individual whose last known residence was 219-B Nixon Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. It is believed she is temporarily residing at 2630 State Rd. A1A, #81, Atlantic Beach, Florida 32233. 3. The parties have one dependent child, Jade Myers, born May 10, 1995. 4. Until recently, Plaintiff had every other weekend plus very liberal visitation with his child. 5. In or about August 1, 2000, Defendant took the child on vacation to Florida. She informed Defendant that she would return August 14, 2000. 6. Plaintiff called Defendant on August 14, 2000 and stated that she did not have C"_ ',,; ,_- .~ '",- J' _',,;_,'" ,_ ~_ _ _ enough money to return from Florida. 7. On August 19, 200 Plaintiff wired Defendant $200.00 and indicated that he expected her to retum with the child within three days, especially since the child was scheduled to begin school in Mechanicsburg on August 28, 2000. 8. On August 24, 2000, Defendant left two messages on Plaintiff's answering machine whereby she notified Plaintiff that she was not returning to Pennsylvania, that she had a job paying $6.50 an hour, that she enrolled the child in school in Florida, and that she used the $200.00 for school clothes for the child. She offered to let Defendant see the child over Christmas. 9. It is believed that Defendant is residing with her friend, Erika, last name unknown, Erika's boyfriend, and the subject child. It is also believed that she began dating Erika's next door neighbor shortly after arriving for vacation on August 1, 2000. 10. On or about Mayor June of 2000, Defendant had suggested to Plaintiff that she would like to live in Florida. At that time, Plaintiff made it very clear to Defendant that he did not consent to the child being moved out of Pennsylvania. 11. Neither Plaintiff or Defendant have family in Florida. Defendant's family lives in Carlisle, Pennsylvania, Plaintiff's maternal extended family lives in Lewisberry, and Plaintiff's paternal extended family lives in Philadelphia. 12. Defendant is unstable. She has lived moved eight times since the child was born in May of 1995, this last move having been decided while on vacation. Most of her belongings are still in Mechanicsburg since she had only brought enough things for a two ", , , ~,-~, "'J week vacation. 13. Plaintiff fears that Defendant may move again without notifying him where she is going since she has been acting impulsively and stated that she wants to move on with her life since breaking up with Plaintiff. 14. Plaintiff has filed a Complaint for Custody simultaneously with this Petition and it is incorporated herein as though fully set forth. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Emergency Order granting to him primary physical custody of the child pending the scheduling of a conference or hearing on the matter. Respectfully submitted, DATED: 1/Ut (o-J Jeanne . Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. 10 No. 68735 , ',1_0',-_, ,nO' >'J BRIAN MYERS, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. RAE MALLEIN, Defendant : CIVIL ACTION -AT LAW : CUSTODY VERIFICATION I, Brian Myers, hereby verify that the statements made in the foregoing Petition for Emergency Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: g-;).t,-O{; S~"atu.. Il-.;t! '7< BRIAN RS - - , '~,', .t;b. , .~ 'J , BRIAN MYERS PLAINTIFF V. RAE MALLEIN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5893 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 30TH day of AUGUST ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 214 Senate Avenue, Suite 105, Camp HiD, PA 17011 on the 27TH day ofEPTEMBE ,2000, at 10:00 A.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 defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Melissa P. Greevy. Esq. W Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 ~irIl_l,,-.. lJ'-~<>ill~ - ,,,0, ~lli,&~~'1!!E;"J!#ilitiiJ::.<l~'~r";rl.I~ - (j r iilld ".~~"" ,'" , O~_~ Iij,} Ii r I! Iii '\ Ii h I~ Ii I~ ;j 'I , :f. , ~ J ~ ~ " 1 ; j ~ i I Ii I ~o./p ~ ~H/ 4[p -* ~ ~#/ ~/h ~~~~~rP o . o ~() -IE:- f. c7G9 - 1[: ~ r2Jl-/F P \//i\i\ 'J'll ALi\'(I(),~t/~~;.S.~i~~3d '. ';:Je;p:,-',!),", .." '-";- v ::, I :'71}' , Coll~d I E' ,- -' ~ ~filV 00 :f0 --~ , ' ~ "' ,~~ - ~ - .-,'w."J BRIAN MYERS, Plaintiff vs. : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. (J1). Sn3 Cwd I.e---- RAE MALLEIN, Defendant : CIVIL ACTION -AT LAW : CUSTODY ORDER OF COURT You, Rae Mallein, Defendant in the above-captioned custody action, have been sued in court to obtain custody, partial custody or visitation of the following child: Jade Myers, DOB 5/10/1995. You are ordered to appear in person at , on , at _ _.M., for a conciliation or mediation conference. _ a pretrial conference. _ a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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 BY THE COURT: Date: J. , .,,-',1 BRIAN MYERS, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. RAE MALLEIN, Defendant : CIVIL ACTION - AT LAW : CUSTODY 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. BY THE COURT: Date: J. , -"-, -, """ ~"' JA: BRIAN MYERS, Plaintiff vs. : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. ffO - 5 f93 CWu -r..u- RAE MALLEIN, Defendant CIVIL ACTION -AT LAW : CUSTODY COMPLAINT IN CU$TOOY AND NOW, the Plaintiff, Brian Myers, by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Brian Myers, is an adult individual who currently resides at 884 Schoolhouse Lane, Lewisberry, York County, Pennsylvania 17339. 2. The Defendant, Rae Mallein, is an adult individual whose last known residence was 219-B Nixon Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. It is believed she currently resides 2630 State Rd A1A #81, Atlantic Beach, FL 32233. 3. The parties have one dependent child, Jade Myers, born May 10,1995. 4. The Plaintiff seeks primary of the following child: Name Present Residence ~ Jade Myers unknown 5 The child was born out of wedlock. The child is presently in the custody of her Mother, whose current address is unknown at this time. During the past five years, the child resided with the following persons and at the following addresses: Name Address Dates Rae Mallein 2630 State Rd. A1A, #81 Atlantic Beach, FL 32233? 8/1/00-present Rae Mallein 219-0 Nixon Street Mechanicsburg, PA 17055 8/99 -8/1/00 Rae Mallein Carlisle, PA 9/98-8/99 Rae Mallein Mechanicsburg, PA 11/97-8/98 Rae Mallein Enola, PA 7/97-10/97 Rae Mallein Mechanicsburg, PA 9/96-6/97 Rae Mallein Harrisburg, PA 12/95-8/96 Rae Mallein Brian Myers Harrisburg, PA 5/95-11/95 The mother of the child is Rae Mallein, Defendant, who it is believed is residing at 2630 State Rd. A1A, #81, Atlantic Beach, FL 32233. The father of the child is Brian Myers, Plaintiff, currently residing at 884 Schoolhouse Lane, Lewisberry, York County, Pennsylvania 17339. Plaintiff and Defendant were never married to each other. 5. The relationship of the Plaintiff to the child is that of natural father. 6. The relationship of the Defendant to the child is that of natural mother. -L' ---. 7. 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. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 9. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural father of the child. (b) Plaintiff has established a relationship with the child. (c) Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the child. (d) The child should be permitted to enjoy the love, affection, and emotional support which can be provided by the natural father. (e) The child has lived in Pennsylvania since birth. (1) The child's matemal and paternal extended families live in Pennsylvania. (g) Mother is impulsive and cannot provide a stable home environment for the child. 10. 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. No other persons are known to have or claim a right to custOdy or visitation of the child to be " . - ~~, - ~_. given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that he be granted primary physical custody of the child subject to periods of visitation with Defendant. Respectfully submitted. lltG~ Jea e B. Costopoulos, Esquire A RNEY FOR PLAINTIFF 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. 10 No. 68735 BRIAN MYERS, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. RAE MALLEIN, Defendant : CIVIL ACTION -AT LAW : CUSTODY ~RIFICATION I, Brian Myers, hereby verify that the statements made in the foregoing Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: (5 -J.~-OU Signature: /2------ /~ BRIA(\{AIlIYER ,. , -', '-".-", --""""". _,,',o{,,". ''''-..1 , BRIAN MYERS PLAINTIFF/ RESPONDENT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-5893 CIVIL TERM RAE MALLEIN DEFENDANT/ PETITIONER : CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this I Z" day of September, 2000, upon consideration of the Petition for Emergency Relief, the following temporary custody order is entered reguarding custody of Jade .jf..,. p.... ",c,. J~~ JI,,,,,,-,," Myers, DOB 5/10/1995: tllil Dilfgll.!lanb'l'Gl;t;Ull", Ita" Ivla1lell1, ,huH ha,e fll'ill'llll'1 physical ~""'~ custody and Plaintiff/respondnet shall return custody to Petitioner iHIffleai!ltely, 'i' 4 n., .", u /p1"I ""'r ...; Plaintiff/respondent shaH have partial custody every 'x88kend commencing FJ:illar, ~ilptember a.r ..."" . 15,2999, frem 6.99 13.m. until Sunday 1i!','9aillt! at ?:9SI".m.. The police shall enforce the transfer of custody to the Defendant/petitioner. This order shall run in effect until further order of the 11u mJ--'le. JA..u .11.-. -h-"....,Jl"*vldl':.... court. r-- . . By the Court, 1rY ./if "B, -:i~ l~ J. ~aIfII~" t~ it ~I;\-. i ~~ , \~ ~ ~ '''~ ',k"-" -it"~ , , ~"'~-IlIr-'=~~"<-'~ ,~ , ,~, -,. " " "-'i<:'"'"'^''''~ --,--:~, ''''':;'(''110i\!I\Q..j Vi; \., , f\V, -, \I..~,... 'I'I'Y"., n.i'i'~:.I"''''...'n.~,.., /Ld\i J\j,_) ';,'\': .'.- ",:-.',' "'! Iv Oc :'1 i:fd ,? I d]S I "\II (';, . l\\..j,J_,-"',', " ^ r . ~ ~i BRIAN MYERS PLAINTIFF/ RESPONDENT :IN THE COURT OF COMMON PLEAS OF ;CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-5893 CIVIL TERM RAE MALLEIN DEFENDANT/ PETITIONER : CUSTODY ORDER OF COURT AND NOW, this f {tA day of September, 2000, upon consideration of the attached Petition for Special Relief, a Rule is issued upon Brian Myers to show cause why the relief requested should not be granted, specifically that the Petitioner/Defendant be allowed to relocate to Florida and to maintain primary physical custody. This Rule is returnable at a hearing in courtroom nurnber :;l, at the Cumberland County Courthouse, on the :nl:t.. day oC ~~ 2000, at /: 1, 0 fl-.m. By thepmrt, / Jeanne Costopoulus, Attorney for the Plaintiff/Respondent Joan Carey, Attorney for the DefendantlPetitioner fQo CO~\(!$ rIk\\~ 9 ,I )-'00 -" ,,,,..-..;" " "<--~< -'~." - ~~~ --w:~iMllii:' "--~~ .,.. .~,_~, ""'" "V~__W ' ,..,NV^1A$NNad Al.NIIOO ONV1l:l39~nO 9 I :1} Wd S I d3S 00 AoVlONOH10do &il :10 3::J8:!Q-Q3li:l ^ . '0' - _.<, -_ ~-, . .. c - "_ _, '~"'_ .~ J+ BRIAN MYERS, Plaintiff/ Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 00-5893 CIVIL TERM RAE MALLEIN, Defendant/ Petitioner :CUSTODY PETITION FOR EMERGENCY RELlEF- REOUEST FOR ORDER TRANSFERRING PRIMARY PHYSICAL CUSTODY Petitioner, Rae Mallein, by and through her counsel, Joan Carey of Legal Services, Inc., states the following: I. Petitioner is the above-named Defendant/Mother, Rae Mallein, hereinafter referred to as the mother, who currently resides at 219-B Nixon Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is the above-mentioned Plaintiff/Father, Brian Myers, hereinafter referred to as the father, who resides at 884 Schoolhouse Lane, Lewisberry, York County, Pennsylvania. 3. The above-mentioned parties are the natural parents of Jade Myers, born May 10, 1995. 4. A complaint for custody was filed on August 26, 2000, a copy of which is attached as Exhibit "A" and incorporated herein by reference. 5. A petition for emergency relief was filed on August 26, 2000, a copy of which is attached as Exhibit "B" and incorporated herein by reference. 6. A Pre-Hearing Custody Conference is scheduled on September 27,2000 at 10:00 am in Cumberland County. 7. The mother requests that this court grant her primary physical custody of the child until the Pre-Hearing Conference on September 27,2000, and requests the scheduling of a Plowman Hearing for reasons including the following: a. The mother has been the primary care-giver of the child for all of the child's life. i '" b. It is not in the best interests of the child to be separated from her mother on an ongoing basis. 1! ~ ' ~'~ " "f': c. The child seems distressed and confused, and expresses a desire to see her mother when mother and child speak on the phone. d. The father's job keeps him out of town during the week, and the child is cared for by the father's fiance, or babysitters, despite the mother's availability and desire to care for the child. e. The mother has made numerous requests, directly and through counsel, to arrange periods of custody with the child, which were denied until Monday, September II, 2000, at which point the mother was allowed to have the child from Monday afternoon until Tuesday morning. At the time of the filing of this petition the father has not arranged any additional custody time with the mother in spite of her requests for such time. f. The mother has shown a willingness to cooperate with the child's father in regards to visitation and contact with the child while in Pennsylvania. g. The mother has returned to Pennsylvania from Florida and has shown herself willing to stay in Pennsylvania until the resolution of this matter. h. The mother had taken the child to Florida with the knowledge and approval of the father. 1. The mother, desiring to improve her life and the life of her child expressed to the father her intentions to relocate to Florida with the child, with the understanding that she and the father would come to an agreement regarding liberal contact with the father. 1. While in Florida the mother had obtained employment and stable, non-government housing and felt that her life and that of her child would be substantially improved. j. The mother has family and friends in Florida with which she is close. k. The mother has indicated that she would allow liberal summer and holiday visitation with the child's father if allowed to return to Florida with the child. 8. Respondent/plaintiffs attorney has not expressed concurrence and has been informed of the filing of this petition. }TliI~--"Wi.-, WHEREFORE, Petitioner respectfully requests that this court enter an Emergency Order granting her primary physical custody of the child pending the resolution ofthe Pre-Hearing Conference on September 27, 2000, and requests that this court schedule a Plowman Hearing as soon as possible, to resolve the issue of relocating the child to Florida. Petitioner also requests any other relief this court deems just and proper. Respectfully Submitted, Joan Carey Attorney for Defen ant! Petitioner LEGAL SERVICES, INC. 8 Irving Row Carlisle, P A 17013 .i C.' ~ -,~ , " ' ~ ':'i VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct tot he best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated: C; - J J- 00 \ 1'---./ - ~ 'ffl-'I<<' " "'''''''''"'''-' _.<>"'" __cw..,,-,P\!I-'2-"'!;!.' '.-.',...-..,.,..,....'..,...'..,.'..,....r"",.".,....."'......',"....'..,....,.."'..,.............'"..,.'".....~,'.,.':...'..m.,.....,'.'\\'I'J...,{,..("<.'_,:.',:i"'C...'...."...-';:l'7....'.-'~..."~...."..~''f''....,':,..'..'.'~-11.....,'.-:~.-!. ""'c'.',.','..........'c-:1f.'.., "'J'i-. .'~." '\C"J,.,.'n,'....',',.,-..',.._.. ,.'", '.'. '.~ Of. ".,,=,_ 'C~.""~" ,_,...,0", _r _ ,_~,.-,,,,,,,, ',<,'T" ,,' :;",:r;,:-",'_~,-"\'!-:"..-:""",Q,"-',i~3<."i',;~'"'^','l!,_!;I;lJ""f'}'"';",j;>:i"':,~"""';,1-:'C!-,_",.;:f;')~"~' o'h''''''~, ' -,' ,_ ~ , '," ,-' ---__",;: ' "_'-' _ ',J ,_ "':_,,':<i',:',-,',:-:-,>,:,,-_,_,:, -",:..,:"^,-",,..t-:,',~-,. vs, : THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ No. 0{) - .5 J 9.3 .Ciu-u J ~ BRIAN MYERS, Plaintiff RAE MALLEIN, Defendant : CIVIL ACTION - AT LAW : CUSTODY COMPLAINT IN CUSTODY AND NOW, the Plaintiff, Brian Myers, by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Brian Myers, is an adult individual who currently resides at 884 Schoolhouse Lane, Lewisberry, York County, Pennsylvania 17339. 2. The Defendant, Rae Mallein, is an adult individual whose last known residence was 219-8 Nixon Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. It is believed she currently resides 2630 State Rd A1A #81, Atlantic Beach, FL 32233. 3. The parties have one dependent child, Jade Myers, born May 10, 1995. 4. The Plaintiff seeks primary of the following child: Name Present Residence AQe Jade Myers unknown 5 The child was born out of wedlock. The child is presently in the custody of her Mother, whose current address is i EXHIBIT A -~-~---~- " !: i,c' unknown at this time. i p~ I' Rae Mallein 2630 State Rd. A1A, #81 Atlantic Beach, FL 32233? 8/1/00-present I: I I. I' I' I I;' I I i" During the past five years, the child resided with the following persons and at the following addresses: Name Address Dates Rae Mallein 219-0 Nixon Street Mechanicsburg, PA 17055 Carlisle, PA 8/99 -8/1/00 ie' Rae Mallein 9/98-8/99 Rae Mallein Mechanicsburg, PA 11/97-8/98 I;" Rae Mallein Enola, PA 7/97-10/97 I , . Rae Mallein Mechanicsburg, PA 9/96-6/97 Rae Mallein Harrisburg. PA 12/95-8/96 .il.''''."ffi".; J'" '1:- I' I',,' :;1 ,.1 ","". ' il "iil I~ ,l!J '''~ .'~ "~ .. j ,:i Rae Mallein Brian Myers Harrisburg, PA 5/95-11/95 The mother of the child is Rae Mallein, Defendant, who it is believed is residing at 2630 State Rd. A 1A, #81, Atlantic Beach, FL 32233. The father of the child is Brian Myers. Plaintiff, currently residing at 884 Schoolhouse Lane, Lewisberry, York County, Pennsylvania 17339. Plaintiff and Defendant were never married to each other. :;,: 5. The relationship of the Plaintiff to the child is that of natural father 6. The relationship of the Defendant to the child is that of natural mother ~. ,," I i'~'~" k ~['I.~~ ""1'1 _t~;,".",1!'.'~7-"'if?~'~_~~'I-'.,,1'''W:':':',:~~''''~(=:_'1'\;',~!,('-"!,"_:<:'"' ." ',"-~' _.__ '~----"'~:~~~:'~:,{:.:~,n:-" 7. 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. I II I 8. Plaintiff does not know of a person not a party to the proceedings who has . . physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. . 9. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural father of the child. (b) Plaintiff has established a relationship with the child. love and affection of the child. (c) Plaintiff desires to continue exercising parental duties and enjoys the (d) The child should be permitted to enjoy the love, affection, and emotional support which can be provided by the natural father. (e) The child has lived in Pennsylvania since birth. (f) The child's maternal and paternal extended families live in Pennsylvania. (g) Mother is impulsive and cannot provide a stable home environment for the child. 10. Each parent whose parental rigbts to the chijp have not been terminated and the -,--,i.t~.'.,_ person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be '-~' - , ..;,;,.....hl,j.;.-",;t&i;c' given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that he be granted primary physical custody of the child subject to periods of visitation with Defendant. Respectfully submitted, 1!z6/aa Jea e B. Costopoulos, Esquire A RNEY FOR PLAINTIFF 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 '",:'.' "'". '.' :'i', ,':'~:;~~';::~'1i:r,:i'i/ "-:-::""1ili"ij!j;'(<'lf.rc~~': It BRIAN MYERS, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ",\(~. : No. ,,~,;.,,~ RAE MALLEIN, Defendant : CIVIL ACTION -AT LAW : CUSTODY VERIFICATION I, Brian Myers, hereby verify that the statements made in the foregoing Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made SUbject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: 8' -J~-OC/ Signature: ~ ./~ BRIAN)o3IYER ,~ ( .'.iC':;":W,j,,-',:!,i:; ,. .,~",,-<: ,...'-f" ~sr:"J'; tf;"-::';;-:;~~1o~;""":;'~1j,,,:,,,,,". ,<. ,. .. BRIAN MYERS, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. RAE MALLEIN, Defendant : CIVIL ACTION -AT LAW : CUSTODY PETITION FOR EMERGENCY RELIEF. REQUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY AND NOW, comes the Plaintiff, Brian Myers, by and through his attorney, Jeanne B. Costopoulos, Esquire, and respectfully avers the following in support of this Petition for Emergency Relief: 1. The Plaintiff, Brian Myers, is an adult individual who currently resides at 884 Schoolhouse Lane, Lewisberry, York County, Pennsylvania 17339. 2. The Defendant, Rae Mallein, is an adult individual whose last known residence was 219-B Nixon Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. It is believed she is temporarily residing at 2630 State Rd. A1A, #81, Atlantic Beach, Florida 32233. 3. The parties have one dependent child, Jade Myers, born May 10, 1995. 4. Until recently, Plaintiff had every other weekend plus very liberal visitation with his child. 5. In or about August 1, 2000, Defendant took the child on vacation to Florida. She informed Defendant that she would return August 14,2000. 6. Plaintiff called Defendant on August 14, 2000 and stated that she did not have EXHIBIT ,IB , , .' (, J ,1;' F: tl! '.I~I'\1.:':.. !~~ ~,'m .~I'::: "'''1' \~;', ,lii! l'~ .II~';".~." ~, I;~ !-'~~ " :g:j~ ;~rg ,"m 'iJ;i !'l~l~1 :ii,~~~f :,~ ~~~rtts~~:fr-::,'?:C~ --',; .. .. ->c-.....,.'"--,."T~---_.. --- '________,___..,---_______,--__' . .'----c' ---..,_. enough money to return from Florida. 7. On August 19, 200 Plaintiff wired Defendant $200.00 and indicated that he expected her to return with the child within three days, especially since the child was f; I' g !f scheduled to begin school in Mechanicsburg on August 28, 2000. 8. On August 24, 2000, Defendant left two messages on Plaintiff's answering machine whereby she notified Plaintiff that she was not returning to Pennsylvania, that she ij'1j h ~ ~ had a job paying $6.50 an hour, that she enrolled the child in schoolin Florida, and that she used the $200.00 for school clothes for the child. She offered to let Defendant see the child over Christmas. I 9. It is believed that Defendant is residing with her friend, Erika, last name unknown, ~; ':;, i ~. ~ Erika's boyfriend, and the subject child. It is also believed that she began dating Erika's next door neighbor shortly after arriving for vacation on August 1, 2000. "' ~ \li 10. On or about Mayor June of 2000, Defendant had suggested to Plaintiff that she would like to live in Florida. At that time, Plaintiff made it very clear to Defendant that he did not consent to the child being moved out of Pennsylvania. -~ ii" '"' ',>., ,. 11. Neither Plaintiff or Defendant have family in Florida. Defendant's family lives in Carlisle, Pennsylvania, Plaintiff's maternal extended family lives in Lewisberry, and Plaintiff's paternal extended family lives in Philadelphia. 12. Defendantis unstable. She has lived moved eight times since the child was born in May of 1995, this last move having been decided while on vacation. Most of her belongings are still in Mechanicsburg since she had only brought enough things for a two ,. .' )ftil,f~~.~~~~~'~1~~" ',,,",",,,:"'-;,, ';, ,~" '" - ,--~_c"....".".._._._~,___ ,.,-- -'--'-'-~~'~'_'--""--'---"".--'-C-'~'" I i' , week vacation, 13. Plaintiff fears that Defendant may move again without notifying him where she is . . going since she has been acting impulsively and stated that she wants to move on with her life since breaking up with Plaintiff. 14. Plaintiff has filed a Complaint for Custody simultaneously with this Petition and it is incorporated herein as though fully set forth. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an ~, ,f,li Emergency Order granting to him primary physical custody of the child pending the 1:' scheduling of a conference or hearing on the matter. Respectfully submitted, DATED: 1/14 (wJ Jeanne . Costopoulos, Esquire A TTOR EY FOR PLAINTIFF 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 -_ "''"''L' ~~~Kf:~{~,~~,~,,,;",:,~,-'~1":- , .. ",,. ~ .' BRIAN MYERS, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. RAE MALLEIN, Defendant : CMLACTION -AT LAW : CUSTODY VERIFICATION , J I, Brian Myers, hereby verify that the statements made in the foregoing Petition for Emergency Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.R ~ 4904, relating to unsworn falsification to authorities. Date: e- ~;2&, - () {; Signature: fl-.-"'"".4 ~ BRIAN ~RS ~ iil. ~"-~,"" ',.- .~....." _w ~~~R '"... ~ "-~~~r~. .....'.""'~"'" ,~<. .- ,.~,~ -0 '" ~ "" '" ~~ . ::Ci -<; o -~:; , i'" -C:-:) C) ";1 ---I '---' :,,") !"l ~ ',J :~2J ~<':-T, c:j , I .:..:j() -" ,'.,) -TI ~:) ~ I:--j ;'--'-:;;""1"1 ~~! 5:J -< . ~' '-~~~L _,_ M" - .-~~, -"""~"""""' ~"'-"~'~"~"^! BRIAN MYERS, PLAINTIFFIRESPONDENT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-5893 CIVIL TERM RAE MALLEIN, DEFENDANT/PETITIONER :CUSTODY CERTIFICATE OF SERVICE AND NOW, this 12th day of September 2000, I, Joan Carey, Attorney at Law, of Legal Services, Inc., attorney for defendant/petitioner, hereby certify that I served a copy of the Temporary Custody Order, Order of Court, and Petition for Emergency Relief this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, by mailing to the defendant's attorney at the following address: Jearme Costopoulus 1400 Second Street Harrisburg, P A tf /;<a/~ Date / / anTarey, Attorn for DefendantlPetitioner Legal Services, Inc. 8 Irvine Row Carlisle, P A 17013 '"~ ...' , ' ".......... ,',LL - ~~i-.i ,~ '",da'~ , OCT 0 3 2ooabO BRIAN MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-5893 RAE MALLEIN, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this Uk day of , 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby directed and ordered as follows: 1. The hearing previously scheduled for November 27,2000, at 1 :30 PM is hereby canceled. 2. Legal Custody. The Father, Brian Myers, and the Mother, Rae Mallein, shall share legal custody of the minor Child, Jade Myers, born May 10,1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Primary physical custody shall be in Mother with liberal partial custody in Father as follows: A. Christmas Break. Father shall have physical custody for the Child's entire Christmas break from school each year. " , ~- I l ." ~ ~l-, ,. NO. 00-5893 B. Child's Birthday. Father shall enjoy partial physical custody of the Child on one weekend near her birthday with the specific details to be worked out by the mutual agreement of the parties. C. Summer. Father shall have partial physical custody in the summer which shall commence within two weeks after school is out and conclude with the Child's returning to her Mother's care two weeks prior to the beginning of the school year. D. Spring Break. Father shall have physical custody during spring break. 4. Transportation. The parties shall share transportation 5. Father's agreement to temporarily accede to Mother's move to Florida is acknowledged as one that is made without prejudice; whereby Father reserves his right to contest the move at a later time during the summer of 2001. 6. The parties shall permit reasonable telephone access to the Child by the other parent during their periods of physical custody. 7. Either party, upon reasonable notice to the other, shall be permitted reasonable periods of temporary physical custody in the event that the non-custodial parent is in the town where the Child is presently located. For example, in the event that the Mother is able to come to Pennsylvania during the summer, Father's consent to Mother's partial custody in Pennsylvania shall not be unreasonably withheld upon reasonable notice of her request thereof. 8. This Order supercedes all prior Custody Orders in this matter. --, 'I, 4JlWllwdii'l!;' , NO, 00-5893 BY THE COURT, Edgar B. Bayley, J. , DO t? \O'~~ ... Distribution: Joan Carey, Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 Jeanne' Costopoulos, Esquire 1400 North Second Street, Harrisburg, PA 17102 l1i diU'--' ~,l;', -"~"'^""W" ," 1lIMIliIIli~~1 -- -,Djj~~~~i..~~~~'_ . ViNW\7,ZSNN3d J 'Nnr,.') 0'.'l.I-'U:-""'''0'' .f\.L I~--, \ " '''~'!'::!'},.. :::-J,,' ~, !\J II :[] HI (' .Uo [iO AtJV1(~~5;;.:t~iXli .J) " . '-~~ ,-" '"" ~ :1 t .... " ..<l. l" ~'k'"" _",~"',", '" , "'~ .....:.:L-' ,..l"j ~~~'~~I~ . .~ OCT 0 3 2000tb BRIAN MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5893 vs, RAE MALLEIN, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1, The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jade Myers May 10, 1995 Mother and Father 2. A Conciliation Conference was held on September 27, 2000, with the following individuals in attendance: Brian Myers, the Father, and his counsel, Jeanne' Costopoulos, Esquire; Rae Mallein, the Mother, and her counsel, Joan Carey, Esquire. 3, The parties agreed to the entry of an Order in the form as attached. 94.JI/kHl7J Date ~~~ Melissa Peel Greevy, Esquire Custody Conciliator