HomeMy WebLinkAbout99-02584
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DIANE G, RADCLIFF
3449 TRlr/OlE ROAD
CAMP Hill, PA 17011
PHONE 17171 737,0100
FAX (717) 975'()697
ID # 32112
"
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3. Pursuant to the appointment and designation of Custodians as
the guardians and custodians of the Child, Custodians shall be
entitled to act for or on behalf of the Child the same as if
they were the Child's natural parents, As the result thereof
they shall be entitled and required to make all decisions and
perform all acts and do all things necessary to provide for
the Child's well being including, but not limited to by way of
specification, housing, food, shelter, education, medical
treatment, dental, optical and psychological care and
treatment and any other acts or things which a parent would be
entitled to do with respect to his or her child.
4, Mother and Father hereby waive all rights to legal and
physical custody of the Child and all said rights shall be,
and are hereby,
immediately terminated, including, but not
limited to, Mother's and Father's rights of physical and legal
custody of the Child.
5, All of Mother's and Father's parental rights to the Child are
hereby terminated and voluntarily rel inquished and I>1other and
Father hereby consent to the adoption of the Child by
Custodians. Upon the signing of this Agreement or hereafter
upon Custodians' request, Mother and Father will execute and
deliver any and all documents required by Custodians to
ccnfirrr. said voluntary relinquishment and termination of
rights and to consent to the adoption of the Child by
Custodians in any court of law, including a Consent of Parent
.4.
- " , . \.
. ,.'. . .' . .
DIANE G, RADCLIFF
344B TRINDlE ROAD
CAMP Hill, PA 17011
PHONE 17171737-0100
FAX (7171975-0697
10#32112
"
to Adoption under Section 2711 of the Adoption Act or any
other appropriate section of the said act. Mother and Father
will further participate and cooperate in any proceedings
necessary to secure the adoption of the Child by Custodians,
6. Mother and Father do hereby, and shall hereafter, consent to
any change of name for the Child requested by Custodians and
shall execute any and all documents necessary to effectuate
the same, including but not limited to any documents required
by the court or by the Vital Statistics Office of the
Commonwealth of Pennsylvania or any other office, agency,
governmental unit or court of any other state or commonwealth
having control, possession and jurisdiction over documents of
like nature.
7. Mother and Father will provide Custodians with the birth
certificate for the Child and any and all other documents and
information necessary to effectuate the terms of this
agreement, including but not 1 imited to information and
documentation pertaining to the medical history of the child
and hereby agree that Custodians shall have the right of
access to all said information and documents pertaining to the
Child, whether in the possession and control of Mother and/or
Father or any other person or entity having possession and
control thereof.
8 .
At the request of either party, the terms of this Stipulated
- 5 -
DIANE G, RADCLIFF
3448 TRINOLE HOAD
CAMP HILL, PA 17011
(7171737,0100
'.
Agreement shall be entered as a Consent Order of Court in the
Court of Common Pleas of Cumberland County Pennsylvania, the
parties agreeing that said court shall have jurisdiction over
all matters governed by this Stipulated Agreement and the
parties specifically authorizing that Court to enter an order
incorporating the terms of this Stipulation.
9. This terms of this Agreement and of any order entered pursuant
hereto shall remain in effect unless modified by further order
of court,
IN WITNESS WHEREOF, the parties have hereunto
seals the day and year below written,
In;rNESS .
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1.
BRIAN MITCHELL LOGUE and
IVY KAY LOGUE,
Plaintiffs/Respondents
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
" ',. ~,_/,.,j,.~.' .' ,", ':." ",: , ,:', "," "" .. ,.,', ~.: ~". .
vs.
:No. 99-2584
PATRICIA ANN EVANS and
CHARLES RUSSELL,
Defendants/Respondents
:CIVIL ACTION-LAW
: IN CUSTODY
vs.
STANLEY KINGDON and
JOY KINGDON,
Petitioners
MOTION TO VACATE ORDER
OF APRIL 29. 1999
TO THE HONORABLE KEVXN A HESS:
AND NOW comes Petitioners, Stanley and Joy Kingdon, and
in support of their motion and by and through their attorney,
Judith A. Calkin, Esquire, aver as follows:
1. Petitioners, Stanley and Joy Kingdon, are husband and
wife and they reside at 1014 South 23rd Street, Harrisburg, Dauphin
County, Pennsylvania.
2. Respondents, Brian and Ivy Logue, are believed to
reside at 6313 Brandy Lane, Mechanicsburg, CUmberland County,
Pennsylvania.
3. Respondent, patricia Ann Evans is the natural mother
of Theresa Louise Evans born December 4, 1997. Her current address
is 5332 Oxford Manor, Apt. 107, Mechanicsburg, CUmberland County,
Pennsylvania.
4. Respondent, Charles Russell, is the natural father
of Theresa Louise Evans. His current residence is unknown, but he
works at Camp CUrtin Transfer, 3465 North Sixth Street, Harrisburg,
Dauphin County, Pennsylvania.
5, On or about April 29, 1999, a petition entitled
"STIPULA'rED CUSTODY AND GUARDIANSHIP AGREEMENT" was filed by Brian
Mitchell Logue and Ivy Kay Logue, A copy is attached hereto.
6. On April 29, 1999, this Honorable Court signed an
Order granting the Logue's full legal and physical custody of the
child, Theresa Louise Evans.
7. The Order of April 29, 1999, should be vacated for
the following reasons:
a. The minor child, Theresa Louise Evans has
resided with Petitioners at their home in Harrisburg since
approximately May, 199B. Before May, 199B, Joy Kingdon provided
full time day care for Theresa. Attached is a copy of a letter
from Social Services for Children and Youth of Dauphin County. It
is marked Exhibit "B".
b. The Kingdons became custodians of Theresa when
the natural mother, Patricia Evans, was found intoxicated in her
home. She was passed out and lying partially on Theresa who was
than five months old.
C. At the time of the aforesaid incident both
Patricia Evans and Charles Russell consented to Theresa living with
the Kingdons.
d. On August 14, 1999, guardianship papers were
signed by Patricia Evans giving guardianship of Theresa to Joy
Kingdon. A copy is attached hereto and marked Exhibit "C".
e. As evidenced by Exhibit "D" (attached), the
Logues were fully aware that Theresa had resided with the Kingdons
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since in or about June, 1996 and that Joy Kingdon had legal
guardianship. The Logue I s had engaged in a course of conduct
beginning in the fall of 1998 to obtain custody of Theresa by
making a number of reports to agencies, including, but not limited
to Social Services for Children and Youth of Dauphin County
alleging drug use by Joy Kingdon and neglect of Theresa. All of
these reports were investigated by Dauphin County Social Services
for Children and Youth, and all were determined unfounded. Mrs.
Kingdon had random drug tests which were negative, and the home
was found to be clean and well cared for and Theresa was happy and
content.
f. When the Logues were unsuccessful in their
attack on the Kingdons ability to care for the child they filed
the attached Stipulation.
g. Prior to filing the Stipulation, the Logues had
only seen Theresa for several hours in Octcber, 1998; they are
seeking to remove this little girl from the only home she has ever
known.
h. Under the C~rononwealth Child Jurisdiction Act
any custody action concerning this minor child should be held in
Dauphin County, Pennsylvania because she has resided in Dauphin
County for her entire life.
i. The documents filed by the Logues do not comply
with the Pennsylvania Rules of Civil Procedure, 1915.1 et al.
8. The Kingdons have filed this date, in Dauphin County
a Petition to Confirm Cust.ody. A copy is c.ttached hereto and
marked Exhibit "E".
WHEREFORE, Petitioners respectfully request that the
Order of April 28, 1999 be vacated and Petitioners be awarded their
reasonable attorney's fees.
Respectfully submitted:
,-
'-"
Calkin, Esquire
for Petitioners
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Commonwealth of pennsylvania:
County of Dauphin
I verify that the statements made in this Motion to
Vacate Order of April 29, 1999 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.
My client, Stanley Kingdon, is a truck driver and he is
currently out of state. He has given me his permission to sign the
verification.
Date: JI'/ 1~/r/'Y
W
dith A. Calkin, Esquire
ttorney for Stanley Kingdon
Sworn and Subscribed
-tA"
before me this /7 day
of rn'i\..~ '999.
f} I , AIV- / 1.~AA1~
l.A4.&otary Public
ElLEN AOS~~~r& SEAL
~~II! ' M. No\aryPubllc
. Dauphin Coun
Slon x res Me 8, ~3
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MAY-13-S9 12153 FROMIChildren&You~h Oaup~in Co
'-- .
\NUO, RADCUl'1'
. TM<DUlIlOAD
MPIlllL.PA (11)11
'Nfi(T1T)1)1.o1<Xl
~('I')97H1671
fJlII~
10.7172571584
PAGE
IN THE COURT OF COMMON PLEAS OF
CUMBERLANn COlJNT'l, PJ::NNSYLVANIA
BRIAN MrTCHEL~ LOGUE
IVY KAY LOGUE
, CiIL.o'!'SRM
0.9 S?,
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3/9
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Plaint.Hfs
V.
PATRICIA ANN EVANS AND I
CHARLES ROSSELL
Defendants
NO. 99.
CIVIL ACTION -
IN ClJSTODY
BnPULATED ClJSTQPY AND GU~ANSHI.;P AGU~
TliIIS ST:IPULATED AGR.BEMENT made this a.'iI +-day of ~
1999, by and between BRIAN MITCHELL LOGUE and IVY KAY LOGUE
(hereinafcer referreQ to as "Custodians") and PATRICIA ANN EVA.~S
(hereinaft.er referred to as "Mot.herR) and CHARLES RUSSELL
(hereinafter referred t.o as ":al:her") pertaining 1:0 the child,
THERESA LOUISE EVANS oorn December 4, 199'7 (hereinafter referred 1:0
as "the Child") .
W T T N E S gET R
WBE~, the Mother and Fat.her are the natural parenl:s of a minor
child. Theresa Louise Evans, born December 4, 1997 in Harrisburs,
Pennsylvania (hereinafter refer~ed t.o as 'Child"); and
WBXREAS. Mother and F~th2r and Custodi~ have agreed to place the
-2-
MAY-13-99 12154 FROM'Ch!~~ren&VOULh Oaupryin Co 1017172571584
, .
x.c.Ni G. RADCUI'f'
_ TRlHOl.t ROAD
:.o.MP HlU. PAI701l
~".~'?;~..f)tt)1
'1o:II.(117ID7"'..<<n I"
D.!2117
PAGE
5/9
J. P~r9uan~ to the appointment and des~gnation of Custodians ag
the guardians and custodians of the Child, Custodians shall be
entitled to act for or on behalf of the Child the same as if
they were the Child's natural pa~nts. As the result thereof
they shall be entitled and required to make all decisions and
perform all acts and do all things necessary to provide for
the Child's well being including, but not limited to by way of
specification, housing, food, shelter. education, medical
treatment, dental, optical and psychological care and
treatment and any other acts or things which a parent would be
entitled to do with respect to his or her child.
4. Mother and Father hereby waive all rights to legal and
physical custody of the Child and all said rights shall be.
and are hereby, immediately terminated, including, but noe
limited to, Mother's and Father's rights of phySical and legal
custody of the Child.
S. All of Mother's and Father's parental rights to the Child are
hereby terminated and voluntarily relinquished and Mother and
Father hereby consent to the adoption of the Child by
Cuseodians. Upon the s1gn1ng of this Agreement O:l;' hereafter
upon CUstodians' reqUest, Mother and Faeher will execute and
deliver any and all documents required by CUstodians co
confirm said voluntary relinquishment and termination of
rights and to consent to the adoption of the child by
CU9todians in any court of law. including a Consent of Parent
-4.
MAV713-99 12,54 FROM'Ch~~~renaVouLh DauPhin Co 10.7172571584
XANE G. AAOClJFF
- 'I"lllHOt.E IIOAO
:AMP HlU.. FA 17011
'flON[ C7171731.o1oo
'AX C7171 S7li-OOl17
0.,:12112
8.
PAGE
8/9
to Adopeion uncler Sect;ion 2711 of the Adopt:ion Act: or any
other appropriate section of the said act. Mother and Father
will further participate and cooperaee in any proceedings
necessary to Secure the adoption of the Child by Cusl:odians.
6.
Mother and Father do hereby, and shall hereafter, consent: t:o
any change of name for the Child request:ed by CUstodians and
shall execute any and all documenl:s necessary l:0 effecl:uaee
the same, including but not limited to any documents required
by the court or by the Vital Statistics Office of the
Commonwealth of Pennsylvania or any ocher office, a.gency.
governmental unit or court of any other state or commonwealeh
having control, possession and jurisdict;ion over documents of
lilee nature.
7.
Mother and Father will provide cust:odians with the birth
certificate for the Child and any and all other documents and
informacion necessary to effectuate the t:erma of this
agreement, including but not limited to informacion and
documentat~on pert:ain1ng to the medical history of the child
and harehy agree that Custodians shall have the right of
access to all said informa,t:ion and documents pertaining to the
Child, whether in the possession and control of Mother and/or
Father or any other person or entity having possession and
control thereof.
At the request of eit:her p_rty. the te~ of this St:ipulated
-5-
M~V-13-99 12155 FROM.Childr&n&Vou~h Daup~in Co 10.7172671584
PACE
8/9
ADOPTION
PETITION FOR ADOPTJ:ON
IN THE coURT OF COMMON i'L6AS OF CUMSElU.AND C01JN'I'~, PENNS~LVANIA
ORPHAN'S COURT DIVISION
of the Ai
MARITAL STA'lVS
SINGLE
AGE MARITAL STATUS
37 SINGLE
RELATJ:ONSHIP
TO CHILD
MOTHBR
RElATIONSHIP
TO CHItD
FA'IHER
1. I hereby voluntarily and unconditionally consent to the
adgption of the ahove named child.
2. I understand that by signin;r this consent, I indicate my
intent to permanently give up all rights to this child,.
3. J: understand such child will be place for adoption.
4. '1 understand I may not revoke this consent after a court has
entered a decree confirmin;r this consent or otherwise
terminating my parental rights to this child. Bven if a
decree has not been entered terminating my parental rightS, I
may not revoke this consent after a decree of adoption of this
child is entered.
5. I have read and understand the above and I am signing it as a
free and volunta~ ac;t.
IN WITNESS WHER~OF, I have hereunto set my hand and seal the day
and year below written.
WITNESSES:~
ure
IN RE ADOPTION OF
THERESA LOUISE EVANS
NAME OF CONSENTING PARENT
PATRICIA ANN EVANS
NAME OF OTHER PARENT
CHJUU.ES RUSSELI.
N&me 51
OIAHE (j, R.4.OC' lFI"
~ T'ItINOU ROAD
tAM, Hfl..... FA 17011
(717)'1)Ml00
-
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S1gnacure - 0 Denter
Doste: 4/2& 99-
~. BYt.L-
Rel~tionship to conn enter
.z; .,.,17.-.6-
Rel~tionGhip to Consenter
L/-;}i.sJ~
Date
~~99
o te
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~u.cial cS.er&irts fur OJIri.lliren aM l!.outly
<>tllaOl'
Commissioners
Sally S, Klein, Chalnnan
Russell L, Sheaffer
Anthony M, Petrucci
~llUJ#n QIounitl
J-p P,IlouPor,l'u.s. w.
Carol A. Saolth, M:.S. W
DinCl4)n o/SocitJ &nw .
Sa>4... K. _p<!!
J.'ifflJJ Opr,<<IOIU
25 Sowh FlDll' S.....
Hotri>~ peoosyh.... 17101.=
TcJ.pboor: (717) m.=
Fox: (717)257,158-1
James I. Hinkle, M.P.A.
AdmJnislratOl'
May 14, 1999
Ms. Judith Calkin, EsquIre
2201 North Second Street
Harrisburg, Pa 17110
Dear Ms, CalkJn:
Because of the rules of confidentiality, I am limited in the information I am permitted to
share with you. As noted in my previous letter dated May 14, 1999, Theresa Evans has resided
with the Kingdons since May, 1998. The Agency remained involved to provide supportive
services in maintaining this arrangement as we believed it was in Theresa's best interest to
remain with the Klngdons, Based on the care provided by the Kingdons, we were preparing to
terminate services to Theresa,
Then, we began receiving referrals alleging drug use by Ms, Kingdon and neglect of
Theresa, All of the referrals came from sources connected with Ivy Logue, adoptive mother of
Theresa's sister. One referral SOurce directly stated Ms. Logue's interest in providing care for
Theresa. Neither unscheduled vIsits to the home nor random urine screens follOwing these
referrals substantiated the allegations, Random urine screens were negative for any illegal
substance, The home was noted to be clean and orderly and Theresa was described as
appearing content, happy, and very attached to Ms, Kingdon, Ms, Kingdon was pleasant and
cooperative throughout wor1<ers' contacts with her.
In late April, Mrs, Logue COntacled the Agency to inquire how to terminate Ms, Evans'
guardianship agreement with the Kingdons, She was told t'1is could be discussed only with the
mother, not with her, Very soon thereafter, Mrs. Logue phoned again stating that she had Ms,
Evans on another line, She was asked to get off the line to allow a private conversation with Ms.
Evans. A meeting was then set with Ms. Evans for May 13, 1999, This was the ear1iest date
she had available as she was leaving the following day for Florida.
The Agency was concemed that Ms, Evans was being pressured by Mrs, Logue to gIve
her the child, Before We were able to discuss the matter with her. in fact by the day of her
departure for Florida. Mrs, Logue informed the Agency that a tennination of parental rights and
consent for adoption had been signed by Ms. Evans and filed In Cumberland County Court
On May 5, 1999. the Agency received copies of the papers, On May 6, 1999, we were
Informed by Latisha Woodford, Cumberland County District Attomey's Office, that Ms, Kingdon
was being directed to turn the child over to Cumberland County Children and Youth, Durlng a
subsequent conversation with the Kingdons, I advised them to consult an attorney bcfort! taking
any action,
en:
30\fd
lrBSll.SZl.ll.'OI
Exhibit HOll
OJ Ul4dnea 4,na^~U.~Pt14j'WO~~ Bt'bt GG-~l-^WW
[ . \. . . ' . ". . : " " . . .; . . : '. "," 1 ",', ~ : , ' :. I , ;:' ' 'I,. .' "
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Judith Calkin, Esquire
-2-
May 14, 1999
The Agency's very serious concem In this matter is this child's emotional well being, The
Kingdons have been her psychological parents for virtually all of her life. She is obviously
closely bonded with them and would be unduly traumatized If abruptly removed from their care.
Even if It were to be determIned that Theresa Should be adopted by another couple, it is
imperative that the transition be a gradual one to minimize emotional harm,
Thank you for your shared concern regarding Theresa. If you have any other questions,
please feel free to contact me at 255-2870, extension 3099,
Sincerely,
(~11. ~
Carol A. Smith, MSW, LSW
Director of Social Services
CAS:mae
C"-I:
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o~ ut4dn~a 4~nO^~U.~Pt14~'~O~d 1~1~1 66-~1-A~W
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STANLEY and JOY KINGDON,
Plaintiffs
IN THE COURT OF COMMON PLF.AS
DAUPHIN COUNTY, PENNSYLVANIA
vs.
NO.
PATRICIA EVANS and
CHARLES RUSSELL,
Defendants
CIVIL ACTION-LAW
CUSTODY
ORDER
AND NOW, upon consideration of the attached Complaint, it
is hereby directed that the parties and their respective counsel
appear before the Custody Conference Officer,
on the 1999 at .m., located at
for a Pre-Hearing Custody
Conference. At such Conference, an effort will be made to resolve
the issues in dispute; or it 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 shall also
be preseilt at the Conference, Failure to appear at the Conference
may provide grounds for entry of a temporary or permanent Order.
FOR THE COUR1':
Date:
Custody Conference Officer
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.
Dauphin County Lawyer Referral Service
213 North Front Street
Harrisburg, Pennsylvania 17101
(717) 232-7536
Exhibit "E"
STANLEY and JOY KINGDON,
Plaintiff
IN THE COURT OF COMMON PLE~S
DAUPHIN COUNTY, PENNSYLVANIA
vs.
NO.
PATRICIA EVANS and
CHARLES RUSSELL,
Defendant
CIVIL ACTION-LAW
IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW comes STANLEY and JOY KINGDON, by and through their
attorney, Judith A. Calkin, Esquire, and avers as follows:
1. The Plaintiffs are Stanley and Joy Kingdon, adult
individuals who reside at 1014 S, 23rd Street, Harrisburg, Dauphin
County, Pennsylvania.
2. The Defendant, Patricia Evans, is an adult individual
whose current address is 5332 Oxford Manor, Apt. 11107,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Defendant, Charles Russell, is an adult individual
whose current address is unknown but who can be served at Camp
Curtain Transfer, 3465 North 6th Street, Dauphin County,
Pennsylvania.
4. Plaintiffs seek custody of the following minor child:
Theresa Louise Evans, born December 4, 1997
S. The child was born out of wedlock. The child currently
resides with the Plaintiffs at 1014 S. 23rd Street, Harrisburg,
Dauphin County, Pennsylvania.
6. For the last five years the child has resided at the
following addresses with the following persons:
Birth to 5 months
117 Pine Street
Harrisburg, PA
Defendant:;
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5 months to present
1014 S. 23rd St.
Harrisburg, PA
Plaintiffs
7. The mother of the child is Defendant, Patricia Evans.
B. The father of the child is Defendant, Charles Russell.
9. Plaintiffs do not know with whom the mother or father
reside.
10. Plaintiffs have been the sole caretaker of the minor
child since she was five months old and they stand in loco parentis
to this child.
11. A stipulated Custody Agreement was made an Order of
Court in Cumberland County. This Agreement and Stipulation was
between the natural parents and Brian and Ivy Logue. Plaintiffs
were not made parties to that action nor were they aware of the
action. A motion to vacate that Order has been filed in Cumberland
County. A copy is attached hereto.
12. The Plaintiffs do 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 with the exception of the parties listed in paragraph II.
13. Each parent whose parental rights to the child has
not been terminated and the persons who have physical custody of
the child have been named as parties to this action.
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14. The best interest and permanent welfare of the child
will be served by awarding custody to plaintiffs because they have
been the only parents this child knows and they love her and will
continue to provide for her needs,
WHEREFORE, petitioners respectfully request that they be
awarded custody.
Respectfully submitted:
Q41ciL
/' udith A. alkin, Esquire
, / Attorney for Plaintiff
2201 North Second Street
Harrisburg, PA 17110
(717) 238-2312
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/llAy 27 1999)
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BRIAN MITCHELL LOGUE und
IVY KAY LOGUE.
P lai nti ffs/Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - CUSTODY
PATRICIA ANN EVANS and
CHARLES RUSSELL,
Defendants/Respondents
99-2584 CIVIL
vs,
STANLEY KINGDON and
JOY KINGDON,
Petitioners
IN RE: MOTION TO V ACA TE ORDER
ORDER
AND NOW, this
10'" day of June. 1999, following meeting with counsel in
Chumbers, in accordance with the agreement of the parties, our order of April 29, 1999, is
V ACA TED,
BY THE COURT,
Judith Calkin, Esquire
For the Petitioners
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Diane RadclitT, Esquire
For the Respondents Logue
Patricia Evans
5332 Oxford Manor, Apt. 107
Mcchanicsburg.I'A 17055
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