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HomeMy WebLinkAbout07-3716TYREESE R. MARSHALL, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07- .3?1 !o CIVIL TERM MISHANA JOHNSON, Defendant :CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Tyreese R. Marshall, hereinafter referred to as Father. Father's mailing address is 159 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Mishana Johnson, hereinafter referred to as Mother, residing at 128 Church Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Father seeks a schedule for partial custody of the minor children: Name Present Residence Age Makhii Johnson 128 Church Street 5/14/07 DOB, 1 month old Carlisle, PA Makhii was born out of wedlock. The child is presently in the custody of Mother. During Makhii's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Mother 128 Church Street, Carlisle 05/07 Kim Grimes Don (last name unknown) 4. Father currently lives with the following persons: Name Relationship Michelle Hodge Friend of Family Leanisah Hodge Daughter of Michelle 5. Mother currently resides with the following persons: Name Relationship Kim Grimes Maternal Grandmother Don (last name unknown) Mother's Boyfriend 6. Father 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. 7. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. Father does not know of a person not a party to the proceedings who has physical custody of Makhii, or who claims to have custody or visitation rights with respect to Makhii. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a) Father has a safe and appropriate home environment where he can exercise periods of partial physical custody with the children. b) Father believes it is important for Makhii to know both parents and wishes to develop, maintain and nurture afather/son relationship with Makhii. c) Father wishes to help Makhii develop a relationship with Father's family, including his extended family. d) Mother has not acted in Makhii's best interests in ways including but not limited to the following: i) Upon learning of her pregnancy, Mother consistently refused to allow Father to participate in pre-natal doctor appointments, despite his attempts to stay involved and active. ii) Mother refused to voluntarily provide Father with any information about the baby's progress during the pregnancy. iii) Mother withheld from Father information about the pregnancy or the child following his birth. iv) Because of Mother's statements Father was uncertain of Mother and Child's residence. v) When Father attempts to see Child, Mother only allows visits to take place in her home and supervised with Mother and Grandmother. 10. Each parent whose parental rights to Makhii have not been terminated and the person who has physical custody of Makhii have been named as parties to this action. WHEREFORE, Father requests this Court to grant him periods of partial physical custody and shared legal custody of Makhii. Father further requests any other relief that is just and proper. y submitted, ~~( a e D'Alo, Esquire Mi Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 TYREESE R. MARSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.07- CIVIL TERM MISHANA JOHNSON, Defendant :CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tyreese Rondell Marshall, Plaintiff, to proceed in forma au eris. I, Grace D'Alo, attorney for the party proceeding in forma an uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. C~~~1c~~ ce D'Alo, Esquire Penn Legal Services 401 East Lowther Street Carlisle, PA 17013 (717)243-9400 TYREESE R. MARSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff vs. MISHANA JOHNSON, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Grace D'Alo, do hereby swear that I served Mishana Johnson with a Complaint For Custody on ~(~ ~ Z ( , 2007 by certified mail, return receipt, restricted delivery, to the person and address below: Mishana Johnson 128 Church Avenue Carlisle, PA 17013 I, Grace D'Alo, verify that the statements made in this Affidavit of Service 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. Date: C.-t/~(~ Z ~ .ZLx~~ Signature: ~~ VERIFICATION The above-named PLAINTIFF, Tyreese Rondell Marshall, verifies that the statements made in the above Complaint For Custody 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. Date: ~,- Zl-- C~~ Tyreese Rondell Marshall H C -..~ -n ~ ~ C ~. ~,.~ ~;~ ,~ N -cr, -r~, ~.., ~. ~ a K.~ {~ '~ _ ~ -~{ C~7 •~ .- ~, '' '- 'i r ~ -~ © ~ ~~f~I .~~-r .~-~ -< TYREESE R. MARSHALL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. • 07-3716 CIVIL ACTION LAW MISHANA JOHNSON 1N CUSTODY DF,FF,NDANT ORDER OF COURT AND NOW, Tuesday, June 26, 2007 ,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 Thursday, July 12, 2007 at 8:30 AM for aPre-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 ale 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 hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . 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 YOUK 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~ f.~ ~ ~^ i~4f"tt ~,~1~. L~' ~-~-~ Lp- ~~' 7 ~Q,L~~~I .lUL Y ~' 2001 TYREESE R. MARSHALL, Plaintiff VI. MISHANA JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-3716 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ G ~ day of 0~ , 2007, upon consideration of the attached Custody Conciliati n Report, it is ordered and directed as follows: 1. The Father, Tyreese R. Marshall and the Mother, Mishana Johnson, shall have shared legal custody of Makhii Johnson, born May 14, 2007. 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 his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child as follows: A. Beginning July 16, 2007 through July 28, 2007, Monday through Friday from 10:00 a.m. to 6:00 p.m. B. One Saturday a month from 10:00 a.m. to 6:00 p.m. on the following dates: November 4, 2007, January 26, 2008, February 23, 2008, March 22, 2008, April 19, 2008. ri~i~ ~, t ._ ,~_ u~`a ~ ,, a~~ ~' F f: F i., C. The Friday after Thanksgiving, 2007 from 10:04 a.m. to 6:00 p.m. D. December 26, 2007 and December 27, 2007 from 10:00 a.m. to 6:00 p.m. both days. E. Two days during Father's Spring Break, 2008, as agreed by the parties, from 10:00 a.m. to 6:00 p.m. F. Alternating weekends during the summer of 2008 beginning May 6cn until July 30, from Friday at 5:00 p.m. to Sunday at 5:00 p.m. G. One full week (Friday to Friday) during the summer beginning 2008 provided Father gives Mother 30 days prior notice. 4. Mother shall send Father photographs of the child and letters detailing the child's development. 5. Father shall not take the child out of state without prior agreement of the parties or an Order of Court. 6. Father shall be responsible for all transportation. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: rian Williams, certified legal intern ounsel for Father Geoffrey Biringer Esquire, Mid Pe Legal Services obert J. Dailey, Esquire, CO~~ncel fnr Mnther TYREESE R MARSHALL, Plaintiff V. MISHANA JOHNSON, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-3716 CIVIL ACTION -LAW IN 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 1N CUSTODY OF Makhii Johnson May 1 ~, 2007 Mother 2. A Conciliation Conference was held in this matter on July 12, 2007, with the following in attendance: The Father, Tyreese R. Marshall, with his counsel, Brian Williams, certified legal intern, Geoffrey Biringer, Esquire, Mid Penn Legal Services, and the Mother, Mishana Johnson, with her counsel, Robert J. Dailey, Esquire. 3. The parties agreed to an Order in the form as attached. ~_«-~~ ~ Date cq ine M. Verney, Esquire Custody Conciliator