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HomeMy WebLinkAbout01-0476 FX c~ ~ >~ ',;" ,-.:, ,~ ~--.~jtj",q 1 TERRENCE W, DURHAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MELINDA D, DURHAM, Defendant : NO, () I - '-I 7 ~ : IN CUSTODY CIVIL TERM COMPLAINT FOR CUSTODY 1. Plaintiff is Terrence W. Durham, an adult individual currently residing at 155 Salem Church Road, Lot 40, Mechanicsburg, Cumberland County, Peunsylvania, 2. Defendant is Melinda D, Durham, an adult individual currently residing at 415 High Street, Duncannon, Perry County, Pennsylvania, 3, The parties are the natural parents of one (1) child, namely, Dalton Avery Durham, born May 26, 1994. The child was not born out of wedlock. 4, For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Terrence W, Durham 155 Salem Church Road, Lot 40 November 10,2000 to Mechanicsburg, P A 17055 Present Melinda D, Durham, 2670 West County Road, 25 North July 2000 to Tom Burger, and Greencastle, Indiana November 10, 2000 Linda Burger Terrence Durham 155 Salem Church Road, Lot 40 April 2000 to Mechanicsburg, PA 17055 July 2000 ,I~-t;p.- , I , i L\'," 1 NAME ADDRESS DATES Terrence Durham 214 Walnut Bottom Road Carlisle, P A 17013 February 1998 to April 2000 Melinda Durham High Street Duncannon, P A 17020 February 1998 to April 2000 Terrence Durham 9 Mountain Road Carlisle, PA 17013 September 1997 to February 1998 Terrence Durham Melinda Durham 9 Mountain Road Carlisle, P A 17013 Birth to September 1997 The natural mother of the child is JI1elinda D, Durham who resides as aforesaid, She is single, The natural father of the child is Terrence W, Durham who resides as aforesaid, He is single, S. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides alone with the child, 6, The relatioq.ship of the Defendant to the child is that of natural mother. Defendant currently resides with Keith Hammaker, her paramour, and Lydia R. Hammaker, their child. 7, Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 8, Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth, 1:1"',.""""....-. = .~ " . w~"iit.f,~ 9, It is in the best interest and permanent welfare of the child to grant the relief requested because: a) Plaintiff has been and continues to be the primary custodian for the parties' child from the time of his birth through present; b) Defendant has shown an inability to provide for the financial, physical, or emotional needs of the child; c) Defendant has had not contact with the child since November 10,2000; d) Defendant had minimal contact with her child for approximately two months for a time period in late 1997 early 1998; e) Defendant has demonstrated a lack of interest in the child through her limited contact and absence of affection; t) Defendant's paramour represents a danger and extreme negative influence to the child; g) Plaintiff believe that the child has witnessed Defendant's paramour abusing Defendant while in her custody, which abuse was verified by Defendant in the Custody Complaint relative to the custody of her daughter, Lydia R, Hammaker, signed by Defendant on May 22, 2000, and filed on May 22, 2000; h) Plaintiff believes that Defendant's paramour is involved in the practice of wizardry or witchcraft and exhibits negative conduct relative to that belief; -~,~~" ~ ~ > '-- " , I --,', " ",- --- - ih~ i) The child has exhibited extremely negative and upsetting behavior after being in the custody of Defendant; j) On approximately December 19, 1997, after Plaintiff picked up the child from Defendant's care and custody, the child waived a toy gun at Plaintiff and said "White Power!" k) The child exhibits exceptional anger when disciplined by Plaintiff; I) The child has exhibited extreme separation anxiety from Plaintiff while III Plaintiff s custody; m) Despite being confronted about this behavior and concerns relative to the child's exposure to her paramour, Defendant continues to reside with her paramour; 10, Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child, WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time he should be granted primary physical custody of the child, Respectfully submitted, M::?4~ Attorney for Plaintiff GRIFFIE & A&SOCIA TES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 "~ 11III ,~ I."",,," " . '"---' "-'-'- VERIFICATION I verify that the statements made in the foregoing 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 falsifications to authorities, DATE:d{-!e>-()/ ?if TERRENCE W, DURHAM, Plaintif ii~ CEJ FlLED-OFFH.:';E ^F -,,~ {',',M', '1" '''TAR' V " 't'i"^" .<".; tl'~1, t\+lJ \..; '"_,, 1,-1 1 f'~ , , OIJ~N23 PI'12:25 CUMSEV\LAND COUNTY PENNSYLVANIA 4/f6 SO s: CD ~ Sco- S~-t-- PSC>.~ -"PeL!W; Ck- -4L /017 /~....1/ /6f..C,.!O ~ ",Ilii'~'" . , " ""~'" ' '~b:;-,"-i " \, TERRENCE W. DURHAM PLAINTIFF V, MELINDA D, DURHAM DEFENDANT IN 1HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-476 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 26th day of January, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeJacqueline M. Verney, Esq. , the conciliat at 4th Floor, Cnmberland County Conrthonse, Carlisle on the 21st day of February ,2001, at 9:30 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 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. FOR THE COURT, By: Isl Jacqueline M. Verney. E~ 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 HELP, Cumberland County Bar Association 2 Liberty Avenue Carlis]e, Pennsylvania 17013 Te]ephone (717) 249-3166 ,~. ." -.,,,,-,,,.--. ,~-- <, - 17 ~'--" -- . -" I-IL :'"n"'-i'j<C:!(~r- OF "t-':'~ ~:':'r:'6~;'-:':~~:}OI~F~Y I" "~12 VI --I;, .9 M! 1/: 12 CUM~~hUiNO COUNTY PeNNSYLVANIA ' ~ 'J 4j ~.d2% ~L J-,;J'f.tJl a<< ./?'J.,Uo'Had'C;r>- 'Y ~ ~/7 n - / i/ --/dY /-,>>,1)/ 7/~~;/ Z, t,/:-, :J' /~ -tV /cPff ~ ~ 4~.L:J ~ __~p :1~3mlllil~~IW~~J1l!lII__," _ "" ~_~,. l~~,~,,,;;mi!~~7~"""""f'<:"7-Y"',,"'j'j'-""!:i\S~'I'l"~~!rHl\1~:!llI!<-},~~"K1T,?~_i1il""'l';1m1W~'fflII!1iI!l' 1''''''''",''"''''''''''' '0' ~,I '- , j'"_."J -....,1-;,'; TERRENCE W. DURHAM, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW MELINDA D. DURHAM, NO, (j 1- 4? 10 DefendantJRespondent : IN CUSTODY CIVIL TERM ORDER OF COURT AND NOW this ,).,,"""dayof ~.,,_.. - . r , 2001, upon presentation and II";~ consideration of the within Petition for Special Relief, it is hereby ordered and directe~at itre ~~~~~:;~~~ ~S ~~; :'::;;n': ~ I'~ .' , . ~i ~ :J9"~ FT;mo'l' l~gol PH ; ~ .' no ton ,i,,'V'.f~~i' bUill M"y 2u, I~~'1, penamg lU1l1u:I VIdeI UfCUUH Ui <119""11'''''[ vfti.v Jlaiti~J, 1:8 the liV:SlH thftt txft"" p"".Ll~....~ .....L'-' uHa~l,-, Lv ,-,.,Ldb[~L Ml llR"iUl@:'i'........ont fnr po'l...fi~] F~:'':'i@al S~l....t^r1y, tho I'Allrt wl1_1 Pptprhl1n +;lRPilI 1['''1....''''....t b) 1}8fOR8.RRt~1J'OFDR~JBt Kif 809ibU....l....d p""...:...,J.3 GI-f).:.... t1....1 yt J ~:_~l OlfOUe ~'. J, cc: Marylou Matas, Esquire Attorney for Plaintifj1Petitioner Melinda D, Durham, Defendant/Respondent, pro se ~ ~ 1.31,01 ~. "-i .-' ',",~ "" , (\C ...n ;::i1ITl'(";:;ICE T' ;~. 'i;7" (fF"j"f, 'nT^ ny "' ""_..,'v>,\"'If'\Il 01 JMJ29 PI'! 4: 16 GUMS':".; t,,\;n "'OU\ITY ,-I'Wl;.i,.)' l",) 1'1 PENNSYLVA!\JJA ~iJl._~~"i'WIil~ ..,....,\Il._~~f'""""""~, ,t~ ~~.;s..,.;.!~~~:R"'\\\lif~J""'h"~,:,~,,,,,;,;qtM":'i'!"";,;1i"~~~'0.1~~!1P'!-O,).Ji'i'1iw;r!{Mi:H\"?''f;,.y''__''''i~~j~'''~Ji~~f~~jIIf.'-''E ',;'.lJl:. ~ ." la -~-~ ':".+,q TERRENCE W. DURHAM, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW MELINDA D. DURHAM, : NO, DefendantlRespondent : IN CUSTODY CIVIL TERM PETITION FOR SPECIAL RELIEF AND NOW comes Petitioner, Terrence W, Durham, by and though his counsel of record, Marylou Matas, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above named Plaintiff, Terrence W, Durham, an adult individual currently residing at 155 Salem Church Road, Lot 40, Mechanicsburg, Cumberland County, Pennsylvania, 2. Your Respondent is the above named Defendant, Melinda D, Durham, an adult individual currently residing at 415 High Street, Duncannon, Perry County, Pennsylvania, 3, The parties are the natural parents of one child, namely, Dalton Avery Durham, born May 26, 1994, 4, Contemporaneously with filing this Petition for Special Relief, Petitioner has filed a Complaint for Custody requesting primary legal and physical custody of the parties' child. 5, Respondent has had no contact with the child for approximately two months, ,,;;.,,,,,,,,," - - '" !i\'iw ' 1iW'~,-w~ 6. In late 1997 and early 1998, a time period of approximately two months passed with Respondent having minimal contact with the child, 7, During this time period, the child displayed extreme separation anxiety while in Petitioner's care when separated from Petitioner, even for the briefest periods of time, 8, Respondent returned to child's life in early spring of 1998, The parties verbally agreed to a custody arrangement that rotated around Petitioner's work schedule, 9. Pursuant to an Agr~ement between the parties, Respondent and child lived. in Greencastle, Indiana, for a period of approximately four months from July 2000 to November 2000 with Respondent's parents. 10, Respondent has limited family contacts in Peffilsylvania, with a majority of her family residing in the state of Indiana, II. Petitioner has been advised of his right to file for child support against Respondent and intends to do so immediately, ]2, Petitioner is concerned that without a Court Order providing him with primary physical cusotody, Respondent will attempt to remove the child from the jurisdiction of this Court and physically restrain the child to her physical custody by taking the child to the state of Indiana, possibly in an effort to avoid financial obligation of child support, ,'~-"'>I",""W' ~ . ~" " ~-- \- uli:'~~'; 13, Respondent currently resides with her paramour and their daughter, although she has previously verified, through the signing of a Complaint in Custody regarding her daughter, that her paramour is physically and verbally abusive toward her. 14, Petitioner believes that the child at Issue has witnessed Respondent's paramour physically abusing Respondent. IS, Petitioner believes that Respondent's paramour is involved in the practice of wizardry or witchcraft and exhibits negative behavior associated therewith, which could negatively influence a child of such an impressionable age. 16. Despite her own awareness of her paramour's abusiveness and Petitioner's expression of concern regarding the child's contact with her paramour, Respondent continues to reside with him, 17. Petitioner will foster a relationship between the child and Respondent, but looks to Respondent to participate in counseling efforts that will assist in developing this relationship, Most particularly, Respondent will have to avoid contact between her paramour and the child, 18, The child currently attends the Susquenita School District where he began upon returning to Pennsylvania in November 2000, Petitioner does not reside in the Susquenita School District but would like the child to remain there so that the child is not subjected to a third school district in one school year, 'd;, - . -~ I , ~, ;;,; 19. In the event a temporary Order is not entered in this matter, it is anticipated that Respondent will attempt to restrain the child against his will creating severe conflict between Petitioner and Respondent and subjecting the child to abusive and dangerous environment. WHEREFORE, Petitioner requests your Honorable Court to enter and Order providing Petitioner with temporary primary legal custody of the child pending further Order of Court or agreement of the parties, Respectfully submitted, d!;st~ Attorney for PlaintijJ1Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing 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 falsifications to authorities. DATE:CI-If,-01 mtiff/Petitioner ~_~n,ffi~ii!:ill!"~"lid;~l1=m:~.ru;',,!!ol!",@''''-k';<~''W''-,''';Bd';i'_%'j;~,V';"'iiM'~:1!i!if\I!'~...:1~tlW~!iillJ.Mli-l - " ,j ~ ~"''@J$(fl'~ ~~rA - 00 uli. " ".., ,~ ,~, 0 C'l 0 C " ;;: ..- :-;1 "'"t.' 0:--' .:;:;:.. ITln'; z ,'--;;:0 Z:::r~; '1--' zr'" N ~i-.i23 ~~~~: \.0 ,",- i-, .1 ~CJ -U ?~~ $C) -,~? () ~C; Ocn .Pc': Z =-; =< \0 51 -< "^ ,~ 'A", ,~ t .- , - "'" ~-..._~ "' ~'~"", FEB 2 7 200100 TERRENCE W. DURHAM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 2001-476 CIVIL ACTION - LAW MELINDA D. DURHAM, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this dfft.. dayof f'~'.)- ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I, The prior Order of Court is hereby vacated, 2, The Father, Terrence W, Durhanl, and the Mother, Melinda D, Durhanl, shall have shared legal custody of Dalton Avery Durhanl, born May 26, 1994, 3, The Father shall have primary physical custody of the child, 4, The Mother shall have periods of partial physical custody as the parties agree, S. Transportation shall be as agreed by the parties, 6, The child is to have no contact with Mother's paranlour, Keith Hanlmaker.... r of ~~~c.-:r. Edward E. Guido, 1. cc: Marylou Matas, Esquire - Counsel for Father Melinda D, Durhanl- Pro Se 415 High Street Duncaunon, P A 17020 ()~ !)J-. J$ ~() I ~~3 ___ ~~J"'dJ~iili~f~fi>lWifl~W!1i~(t!iWI~Ii."j'W;t,H_-IF<Jl~'N~iiiIl~~" ......... .""""'" ,-~ Alf\(~~!\~}'~'~.:J/.pr\r!\)?d ~ U : , , , n , . L , i ti c:- " (:..:J;; ',' ..~~ lIiIilIli!j'~- .a-'l~" =-. . Ii 1 b n ii Ii " ,1 ~ I) i ! I .. """~ -,. J. "'" I ~ ~ ~ ~~ " ~, iW ~" t rEB 2 7 2001{1/ TERRENCE W. DURHAM Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA V. : 2001-476 CIVIL ACTION - LAW MELINDA D. DURHAM, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido 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 Dalton Avery Durhanl May 26,1994 Father 2, A Conciliation Conference was held in this matter on February 21, 2001. Mother did not appear, Father was present with counsel, Marylou Matas, Esquire. Counsel for Father indicated that notice ofthe conciliation conference was mailed certified mail, which was returned unaccepted, and regular mail, which was not returned, Mother has had no contact with the child since November 10, 2000, An emergency order was entered by the Honorable Edward E, Guido preventing either party from leaving the jurisdiction, 3, An Order in the form attached was requested by Father. Ot-~(,,-ot Date ~~Kf Custody Conciliator )r --~~- - -^ ,1--- . '-'~; ,'-"-, ",_;-,;-, -~,",';_-o'^ '._,-, -:'( TERRENCE W, DURHAM, Plaintiff vs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MELINDAD. DURHAM, Defendant : NO, 01-476 CIVIL TERM : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this r day of March, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states that she mailed a certified and true copy of a Complaint for Custody and Petition for Special Relief, to the Defendant, Melinda D, Durham, to her address of 202 Front Street, Marysville, Pennsylvania, by certified mail, restricted delivery, return receipt requested, A copy of said receipt is attached hereto indicating service was made on February 26, 2001, ~w-1Y[~ Marylou tas, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carli~e,PJ\ 17013 (717) 243-5551 Sworn and subscribed to before me this {}#- day of ~ ,2001. /j;)Ju ?klLL~ NOTAR~UBLIC Notarial Seal Robin J, GQSIiOlH:'NOlB!Y,Publlc Carilsle ~oio, ,Cj)mberiand eounty My Commlss!on ExplFllSApr. 17,2003 -..~~< , ::r ::r .lI I'T1 ru r'I I'T1 t'- t1Postage G,Brtified Fee Ret<<~Rec:eiPt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) t'- ru c c c C .lI C Total Postage & Fees c o o t'- ~~ , ",'" ""\"-,-,;,-,-,,,,'; "'"""-;""''-:~'' :-:' ',.. -" ':- ,"~,-, ;" ,-- ""- -, Complete ttems 1, 2; aAd':!.' AI~o complele item 4 if-Restricted Delivery _is desired. 1. Print YOl,1r .name and addreSs on the reverse , so thah'Yr.~.c,a,n return the card to ,you';" , . Attach this card to the back of the mailpiece, or on the" front jf space permi,ts. "~~~#:t>, b~*' " '101- ty,.JV\4- S\-rft+ ,; ~J~~ V\ ~\J I pA 1105) , D. Is delivery address different from item 1? _ If YES, enter d~livery address below; ;2. Article Number (Copy trom service label) . . ... iflfffJO i! ; aekJO,' !,X)t11 T1B1t \ :,g&it4; , ' PS Form 3811, July 1999 Domestic Return Receipt 102595-QO-M-0952 - Milii~ "'ri' '.-' ~"'~~~k*mri@!,Wml~ "c -' ,~ '-"~ilf ,-, . "'lIi 0 <:::> 0 c , --q ;;:: :X' -:~\ "'Ol;L' }':- "I;: ~n ~g] ;;0 " If'::::: ZS:;: I "~~ (/')c~ ...j -<-"- ~ r=:CI -U ~O :J;: ;:)-n ":.-0 )>8 - am .. ,'-j ~ co ~ ... ,i Ie] I" , , I;: l' 1,,1 1i Ii " [', 11 Ii t.! ':] Ii 1'! II 11 II 'I II i I .