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HomeMy WebLinkAbout99-06929KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUTSTREET P.O. Box 11083 HARRI8BURO. PA 17108.1000 Nov 1.819th' CYNTHIA L. HARRIS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. CUSTODY PAUL R. HARRIS, JR., 99- NO. (21C (`T Defendant AND NOW, this X51 day of W6.4,.a6c 1999, IT IS HEREBY ORDERED that the plaintiff's motion for leave of court to allow service of original process by publication pursuant to Pa. R. Civ. P. 430 is granted. Notice shall be published in the Cumberland Legal Journal and in one newspaper of general circulation in Cumberland County, Pennsylvania. ?i BY THE COURT: CYNTHIA L. HARRIS, Plaintiff V. PAUL R. HARRIS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY MOTION FOR LEAVE OF COURT TO ALLOW SERVICE OF ORIGINAL PROCESS BY PUBLICATION PURSUANT TO PA. R. CIV. P. 430 NOW COMES plaintiff, Cynthia L. Harris, by and through her attorneys, Keefer Wood Allen & Rahal, LLP, and files this motion for leave of court to allow service of original process by publication pursuant to Pa. R. Civ. P. 430, averring as follows: 1. The plaintiff is Cynthia L. Harris (the "Mother"). 2. The defendant is Paul R. Harris, Jr. (the "Father"). 3. The parties were married on June 6, 1992, in Cumberland County, Pennsylvania. 4. There are two minor children of the couple, Morgan Lee Harris, born October 17, 1991, and Matthew Chad Harris, born August 25, 1993 (collectively referred to herein as the "Children"). 5. From approximately 1991 until October 18, 1999, the Father resided with the Mother and the Children at 1106 Easy Road, Carlisle, Cumberland County, Pennsylvania (the "Residence"). 6. The Father abandoned the Mother and Children on or about October 18, 1999 when he voluntarily left the Residence without informing the Mother or Children of his intent to do so or his destination. 7. Since his departure on October 18, 1999, the Father has not contacted the Mother and/or children, and his whereabouts are unknown. It is believed, and therefore averred, that the Father may have left the jurisdiction of this State to pursue a relationship with a woman he met through the Internet; however, the Father has lived and worked in Cumberland County since 1991, and his location, whether within Pennsylvania or outside Pennsylvania, is unknown. Moreover, the Father has family members that live in the Central Pennsylvania area. 8. Prior to his departure, it is believed, and therefore averred, that the Father had been communicating over the Internet with women in various states, including, but not limited to, Ohio and Oklahoma. 9. The Father left behind numerous creditors who also seek to know his whereabouts. - 2 - ¦l- 10. A bankruptcy hearing to dismiss a Chapter 13 bankruptcy filed by the Father was scheduled for November 10, 1999, and he failed to appear. 11. The Father left the Residence in a rented car which has not been returned, and the car rental company also seeks to know his whereabouts; it is believed, and therefore averred, that a warrant has been issued for his arrest relating to the stolen rental car. 12. It is believed, and therefore averred, that the Father stated on the rental car documents that his destination was Arkansas. 13. The Mother has filed a complaint for custody simultaneously with the filing of this motion for leave of court to allow service of original process by publication pursuant to Pa. R. Civ. P. 430, and incorporates by reference the averments in the complaint. 14. Original service cannot be accomplished pursuant to Pa. R. Civ. P. 402, 403 or 404, because the defendant/ Father has left his last known address and has purposefully concealed his whereabouts from plaintiff and others. - 3 - P? 15. Service of original process by publication is permitted pursuant to Pa. R. Civ. P. 430 upon motion for leave of court "when service cannot be made under the applicable rule." 16. An affidavit by plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made is attached hereto as Exhibit "A" and incorporated herein by reference. 17. Should the Court grant the relief requested herein, the publication will be identical or substantially similar to that attached hereto as Exhibit "B" and incorporated herein by reference. WHEREFORE, plaintiff respectfully requests this Honorable Court to grant her motion for leave of court to allow service of original process by publication pursuant to Pa. R. Civ. P. 430 and enter an order permitting such service, and providing such further relief as may be just and proper. KEEFER WOOD ALLEN & RAHAL, LLP Dated: November 16, 1999 By Brenda L. Gacki I.D. # 75912 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8037 Attorneys for plaintiff - 4 - _.- ¦AR??11??17 CYNTHIA L. HARRIS, Plaintiff V. PAUL R. HARRIS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. AFFIDAVIT PURSUANT TO PA. R. CIV. P. 430 OF PLAINTIFF CYNTHIA L• IiARR7S 1. I, Cynthia L. Harris, am the plaintiff in the above- referenced action. 2. I am married to Paul R. Harris, Jr., defendant in the above-referenced action. 3. Mr. Harris and I are the parents of two minor children, Morgan Lee Harris, born October 17, 1991, and Matthew Chad Harris, born August 25, 1993. 4. Mr. Harris abandoned the me and my sons on or about October 18, 1999, when he voluntarily left the family's residence without informing me or anyone else of his intent to do so or his destination. 5. Since his departure on October 18, 1999, to my knowledge Mr. Harris has not contacted anyone regarding his location. I have spoken with various individuals regarding this EXHIBIT "A" matter, and they have had no communication from him or information regarding his whereabouts since the date of his departure. The individuals with whom I have spoken include, but are not limited to, the following: Nevada McDonald (Mr. Harris' aunt, business partner in a partnership called McDonald & Harris, and office manager for the Paul Harris Company, Inc., a corporation solely owned by Mr. Harris), Priscilla Harris (mother of Mr. Harris), Keith Miner (Mr. Harris' nephew), Sara Hawn (Mr. Harris' cousin and secretary for the Paul Harris Company, Inc.), Shawn Ellis, C.P.A. (Mr. Harris' business and personal accountant), Dorothy Mott, Esquire (Mr. Harris' attorney regarding a bankruptcy proceeding in which a hearing was scheduled for November 10, 1999, for which Mr. Harris failed to appear), representatives from the Middletown and Carlisle locations of Enterprise Rent-A-Car (the company from which Mr. Harris rented the car he was driving when he left, which was never returned), employees of the Paul Harris Company, Inc., all my family members, and various friends, acquaintances and bowling team members. - 2 - 6. Nevada McDonald made inquiries of other family members of Mr. Harris, and they informed her that they had not heard from him and did not know where he was or how to contact him. 7. I was informed that a warrant has been issued for his arrest relating to the rental car, discussed above, and I have contacted several law enforcement offices to determine whether the warrant has been served or whether he has been arrested, but they have no information regarding his whereabouts. 8. I attempted to contact him on his cellular phone on numerous dates, but he never answered the cellular phone. It has since been disconnected. 9. I do not know where Mr. Harris is and do not know how he can be reached. 10. The foregoing statements are true and correct to the best of my knowledge, information and belief. 11. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Dated: November 16, 1999 v clynlia L. Harris • Y'? - 3 - CYNTHIA L. HARRIS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. CUSTODY PAUL R. HARRIS, JR., NO. Defendant This matter relates to the custody of Morgan Lee Harris and Matthew Chad Harris, the minor children of the parties. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and an order or judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you, including custody of children. 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 EXHIBIT "B" KEEFER WOOD ALLEN & RAHAL, LLP 110 WALNUT STREET P. O. BOX 11063 A HARRISBURG. PA 17108.10E3 Nov 7 8 'IOm{JI 1R/ CYNTHIA L. HARRIS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner CIVIL ACTION - LAW V. CUSTODY PAUL R. HARRIS, JR., NO. Q9- L Respondent Q=R AND NOW, this /1? day of /flout G? , 1999, IT IS HEREBY ORDERED that the petitioner's emergency petition for custody to prevent removal of children from jurisdiction pursuant to Pa. R. Civ. P. 1915.13 is granted. It is FURTHER ORDERED that Cynthia L. Harris shall be granted sole legal custody and sole physical custody of Morgan Lee Harris and Matthew Chad Harris until such time that this Court may make a determination regarding the disposition of the complaint for custody filed in this matter or until further order of this Court. BY THE COURT: CYNTHIA L. HARRIS, Petitioner V. PAUL R. HARRIS, JR., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. Respondent ORDER AND NOW, this day of , 1999, upon consideration of petitioner's emergency petition for custody to prevent removal of children from jurisdiction pursuant to Pa. R. Civ. P. 1915.13, it is hereby directed that the parties and their respective counsel appear before at on the day of , at m., for a hearing regarding the matters addressed therein. BY THE COURT: J. CYNTHIA L. HARRIS, petitioner v. PAUL R. HARRIS, JR., Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. EMERGENCY PETITION FOR CUSTODY TO PREVENT REMOVAL OF CHILDREN FROM JURISDICTION PURSUANT TO PA R GIV P . 191 9 ,1 3 NOW COMES petitioner, Cynthia L. Harris, by and through her attorneys, Keefer Wood Allen & Rahal, LLP, and files this emergency petition for custody to prevent removal of children from jurisdiction pursuant to Pa. R. Civ. P. 1915.13, averring as follows: 1. The petitioner is Cynthia L. Harris (the "Mother"), plaintiff in the above-captioned action. 2. The respondent is Paul R. Harris, Jr. (the "Father"), defendant in the above-captioned action. 3. The parties were married on June 6, 1992, in Cumberland County, Pennsylvania. 4. There are two minor children of the couple, Morgan Lee Harris, born October 17, 1991, and Matthew Chad Harris, born August 25, 1993 (collectively referred to herein as the "Children"). 5. The Father abandoned the Mother and children on or about October 18, 1999, when he removed certain personal items from the family's residence (the "Residence") and voluntarily left the Residence without informing the Mother or Children of his intent to do so or his destination. 6. Since his departure on October 18, 1999, the Father has not contacted the Mother and/or Children, and his whereabouts are unknown; it is believed, and therefore averred, that the Father has left the jurisdiction of this State to pursue a relationship with a woman that he met through the Internet. 7. The Father left the Mother and the Children with little or no money, no source of income, and numerous bills that were due or past due. 8. The Mother has filed a complaint for custody and motion for leave of court to allow service of original process by publication pursuant to Pa. R. Civ. P. 430 simultaneously with the filing of this petition, and incorporates by reference the averments in the complaint and motion. - 2 - 9. The Mother is concerned that the Father may unexpectedly return and remove the Children from the jurisdiction of this Court and the State of Pennsylvania without her consent and/or knowledge, particularly as the holiday season approaches. 10. In addition, the Mother has requested that the School (identified below) not release the Children to the Father if he arrives at the School and attempts to remove the Children without her consent and/or knowledge; however, the School states that it is unable to do so without an order granting the Mother sole custody of the Children. 11. The Mother seeks a temporary order granting her sole physical custody and sole legal custody of the children until the disposition of the complaint for custody or until further order of this Court. 12. The Mother requests that this matter proceed ex parte, as she does not know the whereabouts of the Father and cannot serve him with this emergency petition. 13. The Children have lived in Cumberland county their entire lives. 14. The Children attend Big Springs School District (the "School") in Cumberland County, Pennsylvania. - 3 - 15. The Children's pediatrician and dentist are both in Cumberland County. 16. Members of the Mother's extended family, including maternal grandparents and other family members who frequently babysit for the children., reside in Cumberland and Dauphin Counties. 17. The Children have affection and close bonds with their extended family. 18. The Children's friends and playmates all reside in the Cumberland County area, and the Children are involved in area sports. 19. Due to the abandonment by the Father, the Mother is solely responsible for the care, support and maintenance of the Children at this time. 20. If a temporary order granting the Mother sole physical custody and sole legal custody of the Children is not granted, then there is a risk that the Father will remove the Children from the jurisdiction of this Court and the State of Pennsylvania, and that the Children may never again be seen by the Mother and the extended family. - 4 - 21. The removal of the Children is not in the best interests and welfare of the Children, particularly under the circumstances described above. 22. The Mother and Children will be irreparably harmed should the Father be permitted to remove the Children from this jurisdiction. WHEREFORE, the petitioner respectfully requests this Honorable Court to enter a temporary order granting sole legal custody and sole physical custody of Morgan Lee Harris and Matthew Chad Harris to Cynthia L. Harris until such time that this Court may make a determination regarding the disposition of the complaint for custody filed in this matter or until further order of this Court, and providing such further relief as may be just and proper. KEEFER WOOD ALLEN & RAHAL, LLP Dated: November 16, 1999 By 7 ? / ,/A" Brenda L. Gacki I.D. # 75912 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8037 Attorneys for petitioner - 5 - 3 VERIFICATION I verify that the statements made in the foregoing emergency petition for custody to prevent removal of children from jurisdiction pursuant to Pa. R. Civ. P. 1915.13 are true and correct based upon my personal 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. Dated: November 16, 1999 `?- YNTHIA L. HA RIS, petitioner I OT- c_ - Li ' KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET P. O. BOX 11883 HARRISBURG. PA 17108-iG83 Novi 8 1999 CYNTHIA L. HARRIS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. CUSTODY PAUL R. HARRIS, JR., NO. 97- Defendant YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NOTI`CIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notifcacion. Usted debe presentar una apariencia escrita o en persona o por abodago y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENT ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 M CYNTHIA L. HARRIS, Plaintiff V. PAUL R. HARRIS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. YOU, PAUL R. HARRIS, JR., defendant, have been sued in court to obtain custody of the children: Morgan Lee Harris and Matthew Chad Harris. You are ordered to appear in person at 3p.?1.?l k?a1rl j_ - T? . Z h=?Ccc 1 o-n S CYIr Fn' on at J.*6,6) P 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 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: ?1II?I ?`? ^1=+111M 5,1.1f11t?ECla,ual - 2 - CYNTHIA L. HARRIS, Plaintiff v. PAUL R. HARRIS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. %?° G9J CLG?? _01=R AND NOW, this \q day of 1, 1999, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before 3q W. Nnl0sk-. the conciliator, at?,kC ?:, ,Ckn the J day of ,)(n,, (?? ?JC CU . at i-. 0 gym. , 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-g? Custody Conciliate. (?1 ? ? ,.???? C; J?'• '!iY ::? ??? 1'LI?:I c c?/? ? o1%G? Sc?G?i . 99 ?'?f 'cam ??, ., //?a? ?,/ /rah - ?i' 7k?? ,?.«??Gr ? ???_ 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. 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 - 2 - CYNTHIA L. HARRIS, Plaintiff V. PAUL R. HARRIS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. 9rl L r-? CDMPLAINT FOR CUSTODY NOW COMES plaintiff, Cynthia L. Harris, by and through her attorneys, Keefer Wood Allen & Rahal, LLP, and files this complaint for custody against defendant Paul R. Harris, Jr., averring as follows: 1. The plaintiff is Cynthia L. Harris, an adult individual, residing at 1106 Easy Road, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Paul R. Harris, Jr., an adult individual, who until October 18, 1999, resided at 1106 Easy Road, Carlisle, Cumberland County, Pennsylvania. 3. The plaintiff seeks sole physical custody and sole legal custody of the following children (collectively referred to herein as "the Children"): Morgan Lee Harris 1106 Easy Rd., 10-17-91 Carlisle, PA 17013 8-25-93 Matthew Chad Harris 1106 Easy Rd., Carlisle, PA 17013 Morgan Lee Harris, a natural child of the plaintiff and the defendant, was born out of wedlock, although the parties subsequently married each other on June 6, 1992. Matthew Chad Harris, a natural child of the plaintiff and the defendant, was not born out of wedlock. The Children are presently in the custody of the plaintiff who resides at 1106 Easy Road, Carlisle, Pennsylvania. During the past five years, the Children have resided with the following persons and at the following addresses: (List All Persons) (List All Addresses) (Dates) Cynthia 1 L. Harris & 1106 Easy Road 7/96 to . Paul R. Harris, Jr. Carlisle, PA 17013 resent present 2. Cynthia L. Harris & 202 Silver Spring 5 7/95 to 7/96 Paul R. Harris, Jr. Mechanicsburg, PA 1705 3. Cynthia L. Harris & 1852 Holly Drive 1 1991 to 7/95 Paul R. Harris, Jr. Camp Hill, PA 1701 The mother of the Children is Cynthia L. Harris, plaintiff herein, currently residing at 1106 Easy Road, Carlisle, Pennsylvania. She is married to the defendant, Paul R. Harris, Jr. - 2 - The father of the Children is Paul R. Harris, Jr., defendant herein, and his last known address was 1106 Easy Road, Carlisle, Pennsylvania; his whereabouts are currently unknown. He is married to the plaintiff, Cynthia L. Harris. 4. The relationship of plaintiff to each of the Children is that of mother and child. The plaintiff currently resides with the following persons: Morgan Lee Harris (minor son) and Matthew Chad Harris (minor son). 5. The relationship of defendant to each of the Children is that of father and child. It is unknown where and with whom the defendant currently resides. 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the Children in this or another court. The plaintiff has no information of a custody proceeding concerning the Children pending in a Court in this Commonwealth. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the Children and claims to have custody or visitation rights with respect to the Children. - 3 - IF- 7. The best interest and permanent welfare of the Children will be served by granting the relief requested because: (1) on October 18, 1999, the defendant abandoned the Children and plaintiff without notice or explanation; (2) defendant has not contacted the plaintiff or the Children since said date; (3) the whereabouts of the defendant is unknown, although it is believed, and therefore averred, that the defendant left the State of Pennsylvania to pursue a relationship with a woman who lives outside of Pennsylvania; (4) the defendant left the Children and plaintiff with little or no money, no source of income, and numerous bills that were due or past due; (5) the Children are currently in the care of plaintiff; (6) the defendant is no longer involved in the care, support or maintenance of the Children or otherwise; (7) the Children will be provided a stable and wholesome home environment with the plaintiff; (8) the Children will be able to maintain a relationship with their extended family, for whom they have love and affection; and (9) the defendant legally will be prevented from unexpectedly returning and removing the Children from the jurisdiction of this Court and the family and community support and involvement that they enjoy in this area, without first seeking Court involvement. - 4 - 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. No other parties are known to have or claim a right to custody or visitation of the Children. WHEREFORE, plaintiff Cynthia L. Harris requests this Honorable Court to enter an order granting her sole legal custody and sole physical custody of Morgan Lee Harris and Matthew Chad Harris and providing such further relief as may be just and proper. Dated: November 16, 1999 KEEFER WOOD ALLEN & RAHAL. LLP BY /? } fit/ da L. Gacki B er n I.D. # 75912 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 7 717-255-8037 Attorneys for plaintiff - 5 - I verify that the statements made in the foregoing Complaint for Custody are true and correct based upon my personal 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. Dated: November 16, 1999 C THIA H P. IS, plaintiff J i. r. ?14 i ' i s CYNTHIA L. HARRIS, Plaintiff Vs. PAUL R. HARRIS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6929 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 21 -1' day of -/i'jUe7- " . 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Cynthia L. Harris, shall have sole legal and primary physical custody of Morgan Lee Harris, born October 17, 1991 and Matthew Chad Harris, born August 25, 1993. 2. The Father, Paul R. Harris, Jr., may file a Petition with the Court seeking to obtain any rights he may have with respect to custody of the Children. BY THE COURT, Kevi Hess, ?,??p[yJ ?• d cc: Brenda L. Gacki, Esquire - Counsel for Mother ; 7 ?0 Paul R. Harris, Jr., Father R K n I:' J CYNTHIA L. HARRIS, Plaintiff VS. PAUL R. HARRIS, JR., Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6929 CIVIL TERM 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 Children who are the subjects of this litigation is as follows: DATE OF BIRTH Morgan Lee Harris Matthew Chad Harris October 17, 1991 August 25, 1993 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held on January 5, 2000, with the following individuals in attendance: The Mother, Cynthia L. Harris, with her counsel, Brenda L. Gacki, Esquire. The Father did not attend the Conference or contact the Conciliator. 3. As the Mother has no information as to the Father's whereabouts, the Mother obtained an Order from this Court dated November 19, 1999 permitting service by publication. The Mother's counsel provided documentation at the Conciliation Conference of publication in the Cumberland Law Journal and the Sentinel. This Court also previously entered an Order on November 19, 1999 granting the Mother sole legal and primary physical custody of the Children pending disposition of the Mother's Complaint for Custody. 4. According to the Mother, the Father left the marital residence without notice on October 18, 1999 and has not contacted the Mother or the Children since that date with the exception of an E-Mail message on December 30, 1999 which may have been from the Father. The Mother also indicated that there are warrants currently pending for the Father's arrest for matters unrelated to the parties' domestic situation and the Mother has not been able to obtain any information concerning the Father through the Father's family. 5. Based upon the representation made by the Mother at the time of the Conference, the Conciliator recommends an Order in the form as attached. As the Father's current location is unknown, a copy of the proposed Order and Report are attached for mailing to the Father's last known address, which was the marital residence. Date C/ Dawn S. Sunday, Esquire Custody Conciliator