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HomeMy WebLinkAbout03-1891ERICKA PAIGE CAMPBELL, Plaintiff Vo RANDY ROYCE RUSSELL, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003- [ ~ r4~ CIVIL TERM · CIVIL ACTION - LAW · IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Ericka Paige Campbell, residing at an undisclosed location, Cumberland County, Pennsylvania. 2. The defendant is Randy Royce Russell, residing at 1395 Rose Street, Atlantic Beach, Duval County, Florida, 32233. 3. The plaintiff seeks custody of the following child: Name Permanent Residence Age Joshua Logan Russell The child was born out of wedlock. Undisclosed 11 months (bom 5-4-02) The child currently resides with the mother at an undisclosed location in Cumberland County, Pennsylvania. The mother fled Florida to escape mistreatment and abuse of child and herself. During the past following addresses: Name Ericka Paige Campbell Ericka Paige Campbell Mary Johnson Sonny Johnson five years, the child has resided with Address Undisclosed location 3213 Lannie Road Jacksonville, Florida, 32218 the following persons at the Date April 2003 to present October 2002 - April 2003 Ericka Paige Campbell Randy Royce Russell Ericka Paige Campbell Randy Royce Russell 1359 Rose Street August 2002 - October 2002 Atlantic Beach, Florida, 32233 3737 St. John's Bluff May 2002 to August 2002 Jacksonville, Florida, 32224 The mother of the child is Ericka Paige Campbell, whose residence is currently undisclosed. She is single. The father of the child is Randy Royce Russell, currently residing at 1395 Rose Street, Jacksonville, Duval County, Florida, 32233. He is single. 4. The relationship of plaintiff to the child is that of mother The plaintiff currently resides at an unknown location. 5. The relationship of defendant to the child is that of father. The defendant currently resides alone. 6. The 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 any other court. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who 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 for reasons including, but not limited to, the following: a). The mother has been active in the care and nurturing of the child since birth, including providing for his physical, educational, emotional and spiritual well-being. b.) The mother is the parent best able to encourage contact and access with the other parent. c.) The mother removed the child from the abusive home environment and, subsequently, from an abusive environment. d.) The father has not acted in the best interest of the child in ways including, but not limited to, the following: i.) The father's ongoing drug and alcohol abuse has adversely affected his ability to parent. ii.) The father has manhandled the infant by holding the infant while vehemently arguing with other adults, causing the mother to fear for the child's safety. iii.) The father has physically and verbally abused the mother while holding the infant in his arms. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant sole legal custody and primary physical custody to the plaintiff while granting the defendant, supervised visitation in the presence of the defendant's mother at 3213 Lannie Road, Jacksonville, Duval County, Florida, 32218. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, cc: Randy Royce Russell 1359 Rose Street Atlantic Beach, Florida 32233 19largar0t M. Simok' Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above named Plaintiff, Ericka Paige Campbell, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Ericka Paige Campbell ERICKA PAIGE CAMPBELL, Plaintiff Vo RANDY ROYCE RUSSELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNT Y: :PENNSYLVANIA : NO. 2003- I$q{ CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Ericka Paige Campbell, to proceed in forma pauperis. I, Margaret M. Simok, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Margar~ M. Simok Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ERICKA PAIGE CAMPBELL PLAINTIFF RANDY ROYCE RUSSELL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLIN'IX/, PENNSYLVANIA 03-1891 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 25, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 20, 2003 at 10:30 AM 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 also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. 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 HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ttELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166