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Home My WebLink About08-0901ALICIA N. MICHAELS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- : NO. TODD C. BROWN, : CIVIL ACTION -LAW Defendant : CUSTODY ACTION NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 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 of 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION AVISO PARA DEFENDER Conforme a PA RCP Num. 1018.1 USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro viente (20) dias despues que esta Demanda y Aviso es servido, con entrado por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamando en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propriedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUi ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMATION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. La ASOCIACION de la BARRA del CONDADO de CUMBERLAND 32 Calle del sur de Bedford Carlisle, PA 17013 (717) 249-3166 ALICIA N. MICHAELS, Plaintiff _V_ TODD C. BROWN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Of- 90 I &L4 T?c.u.-, CIVIL ACTION -LAW CUSTODY ACTION CUSTODY COMPLAINT Plaintiff, ALICIA N. MICHAELS, by and through her counsel, Debra R. Mehaffie, Esquire, hereby files this Custody Complaint and in support thereof avers as follows: 1. The Plaintiff is ALICIA N. MICHAELS, who resides at 8 Goldenrod Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is TODD C. BROWN who resides at 170 Ridge Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks shared legal and primary physical custody of the following child: Name Present Address Age Talan M. Michaels 8 Goldenrod Drive 3 months Carlisle, PA (d.o.b. 10/7/07) The child was born out of wedlock. The child is presently in the primary custody of the plaintiff who resides at 8 Goldenrod Drive, Carlisle, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following address: List All Persons List All Addresses Approx Dates Plaintiff 8 Goldenrod Drive 10/7/07-present Carisle, PA 17023 4. The relationship of Plaintiff to the child is that of biological mother. The plaintiff currently resides with the following persons: Name Talan M. Michaels Kali Michaels Donald Michaels Jordon Michaels Relationship son maternal grandmother to Talan maternal grandfather to Talan maternal uncle to Talan 5. The relationship of Defendant to the child is that of biological father. The defendant currently resides with the following persons: Name Relationship Marcia L. Drozdowski paternal grandmother to Talan Dwayne Drozdowski paternal step grandfather to Talan 6. 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 another court. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 8. Plaintiff does 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. 9. The best interest and permanent welfare of the child will be served by granting shared legal custody to the parties and primary physical custody to Mother with Father having periods of partial custody at times that he consistently exercises because Mother has been the primary caretaker of the child since birth and Father has demonstrated a reluctance to take consistent responsibility for the child. Father does not have an appropriate car seat for the child, has refused to take the child at agreed upon times due to recreational activities that he preferred to participate in and he promised to go to the child's doctor appointment but did not appear. Father has refused to cooperate in placing his name on the birth certificate even though he has acknowledged paternity. While Mother recognizes the importance of Father's involvement in the child's life, Mother is requesting sole legal and physical custody of the child if Father is not interested in participating in raising the child. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant shared legal custody to the parties and primary physical custody to her with the defendant enjoying periods of partial custody consistent with a schedule agreed to by the parties. Alternatively, Plaintiff requests sole legal and physical custody of the child if Defendant chooses not to participate in raising the child. DATEDCQQ ptc4l () 'rA) ra R. Mehaffie, Esquiri RESPECTFULLY SUBMITTED: D. No. 90951 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 Susquehanna@comcast.net Attorney for the Plaintiff VERIFICATION I, Alicia N. Michaels, verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: c 0 LV J,&AtiAlicia .Michaels, Plai iff s m d ? p ft? t t Vi l' i -TIM C. N ;J ALICIA N. MICHAELS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-901 CIVIL ACTION LAW TODD C. BROWN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, February 13, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, March 03, 2008 at 2:00 PM 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. 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: Is/ john j. Man an r. Es q. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Z I: I I A S 1 93A 0001 hdViONO? 1 0 `d ail., .J0 Debra R. Mehaffie, Esquire I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 (717) 657-7770 ALICIA N. MICHAELS Plaintiff Vs. TODD C. BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-901 CIVIL ACTION - LAW IN CUSTODY PETITION FOR PERMISSION TO WITHDRAW AS COUNSEL AND NOW COMES, Petition Debra R. Mehaffie, Esquire, who respectfully requests that this Court grant permission for her withdraw as counsel for Plaintiff Alicia N. Michaels, and in support thereof avers as follows: 1. Petitioner was employed by the Law Offices of Robert S. Mirin until March 21, 2008. 2. During the course of said employment, Petitioner entered her appearance on behalf of the Plaintiff in the above-captioned matter. 3. On March 20, 2008, Petitioner forwarded correspondence to Plaintiff indicating that Petitioner was leaving the Law Offices of Robert S. Mirin, provided the address and telephone number where she would be reached as of March 24, 2008 and provided Plaintiff with the option of using Robert S. Mirin, Petitioner or alternative counsel for legal representation. 4. On April 2, 2008, Petitioner forwarded correspondence to Plaintiff to inquire if he desired Petitioner to represent her in the above-captioned matter. 5. Plaintiff has not responded to Petitioner's letters. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Petitioner's request to withdraw as counsel on behalf of the Plaintiff in the above- captioned matter. 3- Respectfully submitted: ALICIA N. MICHAELS Plaintiff Vs. TODD C. BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-901 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE 1, _ Amanda L. Emerson, Paralegal do hereby certify that on this, the day of V May, 2008, copies of the foregoing Petition For Permission to Withdraw as Counsel in the above-captioned matter have been duly served upon Plaintiff and Defendant by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Alicia N. Michaels 8 Goldenrod Drive Carlisle, PA 17015 Date: 51t; G' P, Amanda L. Emerson, Paralegal p 2t -on _ ' Ai I" t ^^11 r+ 1 Debra R. Mehaffie, Esquire I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 (717) 657-7770 ALICIA N. MICHAELS Plaintiff Vs. TODD C. BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-901 CIVIL ACTION - LAW IN CUSTODY AMENDED PETITION FOR PERMISSION TO WITHDRAW AS COUNSEL AND NOW COMES, Petitioner Debra R. Mehaffie, Esquire, who respectfully submits this Amended Petition and requests that this Court grant permission for her withdraw as counsel for Plaintiff Alicia N. Michaels, and in support thereof avers as follows: The averments set forth in the previously filed Petition for Permission to Withdraw as Counsel are hereby incorporated herein. 2. A Judge has not ruled upon any other issue in this or any related matter in so far as the undersigned is aware. 3. The undersigned has contacted Barbara Sumple-Sullivan, Esquire, counsel for Todd Brown to obtain her concurrence with this Petition and she does not object counsel's withdraw in this matter. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Petitioner's request to withdraw as counsel on behalf of the Plaintiff in the above- captioned matter. Respectfully submitted: Date: Mehaffie, Esquire ALICIA N. MICHAELS Plaintiff Vs. TODD C. BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-901 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Amanda L. Emerson, Paralegal do hereby certify that on this, the 3day of May, 2008, copies of the foregoing Amended Petition For Permission to Withdraw as Counsel in the above-captioned matter have been duly served upon Plaintiff and Defendant by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Alicia N. Michaels 8 Goldenrod Drive Carlisle, PA 17015 Date: 13 Amanda L. Emerson, Paralegal C? C r-? 1 MAY 0 8 200810 ALICIA N. MICHAELS : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : No. 2008-901 TODD C. BROWN : CIVIL ACTION - LAW Defendant : IN CUSTODY ' RULE TO SHOW CAUSE AND NOW THIS ,Z day of May, 2008, upon consideration of the foregoing Petition for Permission to Withdraw as Counsel, it is hereby ORDERED that a RULE is issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. Rule returnable within I o days of service. istribution: Debra R. Mehaffie, Esquire, Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite J 06 Harrisburg, PA 171110 ,4arbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberlan d, PA 17070-1931 Alicia N. Michaels, 8 Goldenrod Drive, Carlisle, PA 17015 116p"Cc mlatlz?j SO, Z/019 BY THE COURT: hh r -, I' 1 7! Ypi '1 /itiWi`?4 _ "NCI o ?S :6 €N ZZ AN 80O1 M iONOH. t i..l+.d JI it ?Q DD 0.091H Mwc A.'Scaringi Melanie Walz Scaringi Virginia H. Henning* Frank C. Sluzis Susan K. Pickford Debra R. Mehaffie *Also licensed in MD S Garin i I's Caringi Attorneys and Counselors at Law A Professional Corporation May 13, 2008 Prothonota-v's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Alicia N. Michaels v. Todd C. Brown No. 2008-901 (In Custody) Dear Prothonotary: Mary L. Snyder Law Clerk Robert D. Turgyan Paralegal Amanda L. Emerson Paralegal Enclosed herewith please find an original and a copy of an Amended Petition to Withdraw Appearance with respect to the above referenced matter. Kindly clock in the original and copy, file the original with the Court and return the copy to our office in the enclosed self addressed stamped envelope. When the Petition was originally sent on May 6, 2008, self addressed stamped envelopes to all parties were included and we were informed that it would not be necessary to send them again. If you should have any questions, please do not hesitate to contact me. Thank you for your time and attention in this matter. Sincerely, Amanda L. Emerson, Paralegal Cc: Alicia N. Michaels Barbara Sumple-Sullivan, Esquire Enclosures: Petition to Withdraw Appearance 2000 Linglestown Road, Suite 106 • Harrisburg, PA 17110 Phone (717) 657-7770 • Fax (717) 657-7797 www.scaringilaw.com TRANSMISSION VERIFICATION REPORT TIME NAME 05/08/2008 22:03 AX TEL SER.# BROD6J462119 FAXENOIMNAME DURATION 05/08 22:03 PAGE(S) 96577797 RESULT 00:00:17 MODE 01 OK STANDARD ECM OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square ¦ Carlisle, PA 17013 Phone (717) 240-5200 Toll Free 1-888_597.0371 x6200 Fax (717) 240.6460 courtadmin@ccpa.net Debra R. Mehaf'ic, Esquite MaY 9, 2008 VIA FACSIMILE ONLY: (717) 657-7797 RE: Failure to Comply with Cumberland Coup F'*dtioo for permission to withdraw as counseLocal Rule 208.3 (a) (2008-901 Michaels v Brown) .Dear Mm. Mehaffte: Mule 208 Please note that due to your failure to co .3(a)(9), your motion will be held in the Court mply with Cumberland. Coun missing information is filed in the Pre Administrator's OtTice until an amen al Rule m208 ain(s) t and/or motion will be sent back to the Prothono 'Y's Of..fice. If a}e. two notices no am dmene filed, y the Y'S office and placed in the .6le and no further rer act act has been filed, your .Rule 20b.3 ion will be taken. ()a. Motions. (2) The motion shall state whether or not a judge has ruled upon any other issue in the matter, and, if so, shall speck the judge and the issue. same or related OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square • Carlisle, PA 17013 Phone(717)240-6200 Toll Free 1-888-697-0371 x6200 Fax (717) 240-6460 courtadmin@ccpa.net Debra R. Mehaffie, Esquire May 9, 2008 VIA FACSIMILE ONLY: (717) 657-7797 RE: Failure to Comply with Cumberland County Local Rule 208.3 (a) Petition for permission to withdraw as counsel (2008-901 Michaels v Brown) Dear Mrs. Mehaffie: Please note that due to your failure to comply with Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), your motion will be held in the Court Administrator's Office until an amendment containing the missing information is filed in the Prothonotary's Office. If after two notices no amendment has been filed, your motion will be sent back to the Prothonotary's office and placed in the file and no further action will be taken. Rule 208.3(a). Motions. (2) The motion shall state whether or not a Judge has ruled upon any other issue in the same or related matter, and, if so, shall specify the judge and the issue. (9) All motions and petitions shall contain a paragraph indicating that the concurrence of any opposing counsel of record was sought and the response of said counsel; provided, that this requirement shall not apply to preliminary objections, motions for judgment on the pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post-trial relief. Please note that you do not need to file an additional proposed order or provide additional envelopes for service. Your amendment will be attached to the original motion. Please feel free to contact me if you have any questions or concerns regarding this matter. Since Jami tche ALICIA N. MICHAELS Plaintiff vs. TODD C. BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-901 CIVIL ACTION - LAW IN CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW COMES, the Petitioner, Debra R. Mehaffie, Esquire, Attorney for the Plaintiff, Alicia N. Michaels, and respectfully moves the Court as follows: 1. On May 22, 2008, this Honorable Court issued an Order giving the parties ten (10) days to respond to Petitioner's Petition for Rule to Show Cause Why Petitioner Should Not Be Permitted Leave to Withdraw as Counsel. 2. The Rule was served upon the parties. 3. Ten (10) days have passed since the Order was issued and neither of the parties have responded. WHEREFORE, Petitioner prays this Honorable Court order and decree the Rule to be absolute and that the appearance of Debra R. Mehaffie, Esquire counsel for the Plaintiff, Alicia N. Michaels, be withdrawn, effective immediately. submitted, /nl- Da&# ftpreme Court ID No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 ALICIA N. MICHAELS Plaintiff vs. TODD C. BROWN Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-901 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Amanda L. Emerson, Paralegal, hereby certify that on this day of June, 2008, I served a true and correct copy of the foregoing Petition to Make Rule Absolute and Final Order upon the following individual(s) by First Class Mail, postage prepaid: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Alicia N. Michaels 8 Goldenrod Drive Carlisle, PA 17015 Date: Amanda L. Emerson, Paralegal Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 ? . } ?? ? --{ ? R ? ? . .... ?bs+ fi?+ y.ry , a Y 1?..?+p ...ri i ? o -?? ?? ?,,. S'T'S .,.. l, ?..? t ? -'"' + ?T? l ? h ?i? P'i' 11% JUN 10 2008 ALICIA N. MICHAELS Plaintiff VS. TODD C. BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-901 CIVIL ACTION - LAW IN CUSTODY FINAL ORDER TO MAKE RULE/ORDER ABSOLUTE AND NOW, on this the day of , 2008, upon review of the within Petition to Make Rule Absolute, it is hereby ordered and decreed that the appearance of Debra R. Mehaffie, counsel for the Plaintiff, Alicia N. Michaels, be withdrawn, effective immediately. Distribution: -' Debra R. Mehaffie, Esquire, Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite 106 Harrisburg, PA 171110 ? Barbara Sumple Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070, Counsel for Defendant ? Alicia N. Michaels, 8 Goldenrod Drive, Carlisle, PA 17015 129T Ces rm'&t LCL 4//z/o8 BY THE COURT, / I M Ind I I Mtir 301?glu