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HomeMy WebLinkAbout01-0984PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attomey for Plaintiff TERRY L. RICHARDSON, Plaintiff COURTNEY JOANN RICHARDSON, and JIMMY JAMES THOMAS McDONALD Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .o. 2004- CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, TERRY L. RICHARDSON, by and through her attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiff's Complaint for Custody: 1. The Plaintiff is TERRY L. RICHARDSON, residing at 9 William Penn Drive, Camp Hill, Pennsylvania 17011. 2. The Defendant's are COURTNEY JOANN RICHARDSON residing at Cumberland County Prison and JIMMY JAMES THOMAS MCDONALD, whose last known residence is 424 Herr Street, Harrisburg Pennsylvania. Plaintiff seeks custody of the following children: Name TRYSTEN MCDONALD TYSON STUMP Present Residence 9 WILLIAM PENN DR. CAMP HILL, PA 17011 9 WILLIAM PENN DR. CAMP HILL, PA 17011 DOB MAY 6, 1999 9 months old 4. TRYSTEN MCDONALD and TYSON STUMP were born out of wedlock. 5. TYSON STUMP is presently in the custody of Plaintiff, and residing with the Plaintiff at 9 William Penn Drive, Camp Hill, Pennsylvania 17011. 6. TRYSTEN MCDONALD is presently in the custody of Defendant McDonald, whose last known residence is 424 Herr Street, Harrisburg Pennsylvania. 7. During the past five years, the children have resided with the following persons and at the following addresses: Persons Plaintiff, child's mother, & child's 2 siblings Child's mother, child's sibling, & friends, Ron Stump & Tammy Stump Plaintiff, child's mother & sibling, & child's aunt, Lindsay Child's mother & Ron Stump Plaintiff, child's mother & brothers, Ron Stump & child's aunt, Lindsay Address 9 William Penn Ddve Camp Hill, PA 17011 Disbrow Street Harrisburg, PA 9 William Penn Drive Camp Hill, PA 17011 1215 Derry Street 9 William Penn Drive Camp Hill, PA 17011 Duration July 2000 to present May 2000-July 2000 November '99-May 2000 Sept. '99 - November '99 May '99 - September '99 7. The mother of the children is Defendant, currently residing at Cumberland County Prison, Carlisle, Pennsylvania 17013. The mother is single. 8. The father of the children is Defendant, whose last known residence is 424 Herr Street, Harrisburg Pennsylvania. The father is single. 9. The relationship of plaintiff to the children is that of maternal grandmother. The plaintiff currently resides with the following persons: Name Relationship Tyler Stump Grandson - brother to Trysten TYSON STUMP Grandson - brother to Trysten - Child of Both Defendants 10. The relationship of Defendant Richardson, to the children is that of mother. The Defendant currently resides with the following persons: Name Relationship Unknown 11. The relationship of Defendant McDonald, to the children is that of father.The Defendant currently resides with the following persons: Name Relationship Varies depending on location of residence 12. 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 court, term and number, and its relationship to this action is: 13. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation right with respect to the children. The name and address of such person is: 15. The best interest and permanent welfare of the children will be served by granting the relief requested because the Plaintiff has been the primary caretaker of this minor children when the natural mother was not available. The natural father has had limited involvement with the minor children and is without the means to adequately support his children. 16. 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. All other persons named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests this Honorable Court to order that primary physical and legal custody of the minor children, Trysten McDonald and TYSON STUMP be placed with Plaintiff. Date: Respectfully submitted, Peter J. Russo Attorney for Plaintiff PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Plaintiff TERRY L. RICHARDSON, Plaintiff COURTNEY JOANN RICHARDSON, and JIMMY JAMES THOMAS McDONALD Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- CIVIL ACTION - LAW CUSTODY VERIFICATION I, TERRY L. RICHARDSON, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. TE R RY L- R/f'CI-'IAR D SO R TERRY RICHARDSON : PLA1NTII~F : V. : COURTNEY JOANN RICHARDSON, AND JIMMY JAMES THOMAS MCDONALD : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-984 CIVIL ACTION LAW 1N CUSTODY R F URT AND NOW, Friday, February 23, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissu P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, March 26, 2001 at 11:00 AM 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: /s/ Melissa P. Greevv. Esq~c~ Custody Concil~ato~~ 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 Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF (~hc~-~n,~ COUNTY, PENNSYLVANIA CIVIL DIVISION Terry L. Richardson VS. Courtney Joann Richardson and Jinxny James Thomas McDonald 2001-984 Civil File No. WRIT OF HABEAS CORPUS TO: Warden Dauphin County Prision WE COMMAND YOU, that the body of Ji~ James Thomas McDonald under your custody, as it is said detained, by whatsoever name the said ~ Thamas McDonald may be detained, together with the day and cause of his being taken and detained, you have before the Honorable J. Wesley Oler, Jr Judge of our Court of Common Pleas of (~t~rmh~'r-l.-~nct County, at the Courthouse, in the City of Carlisle ,Pennsylvania, Hearinq on March 1, 2001 at 3:00 p.m. in Courtroom No. 1 __ then and there to do and be subject to whatsoever our said Judges shall consider in that behalf; and have you then and there this writ. WITNESS, the Honorable 5. Wesley Oler, sr. , Judge of our said Court, at Carlisle this 28th day of March A.D.2001 Curtis R. Long ATTORNEY: Peter J. Ru~so Esq. 5010 East Trindle Road Mechanicsburg Pa 17055 by: Prothonotary/Clerk. Civil Division Deputy TERRY L. RICHARDSON, Plaintiff COURTNEY JOANN RICHARDSON, and JIMMY JAMES THOMAS McDONA/LD,: Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 01-984 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of February, 2001, upon consideration of Plaintiff's Petition for Special Relief Seeking Custody of Minor Children, a hearing is scheduled for Thursday, March 1, 2001, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING THE ABOVE HEARING, neither party shall remove the minor children from the Commonwealth of Pennsylvania, nor secrete the children's whereabouts from the other party. BY THE COURT, Peter J. Russo, Esq. 5010 E. Trindle Road Mechanicsburg, PA 17050 Attorney for Plaintiff Courtney Joann Richardson Cumberland County Prison Defendant, Pro Se esley Jimmy James Thomas McDonald 424 Herr Street Harrisburg, PA 17101 Defendant, Pro Se :rc TERRY L. RICHARDSON, Plaintiff COURTNEY JOANN RICHARDSON, and JIMMY JAMES THOMAS McDONALD Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- °t%~- C\-~\ CIVIL ACTION - LAW CUSTODY PETITION FOR SPECIAL RELIEF SEEKING CUSTODY OF MINOR CHILDREN AND NOW, COMES, the Plaintiff, TERRY L. RICHARDSON, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiff's Petition for Special Relief Seeking Custody: 1. The Plaintiff has filed a custody complaint which is attached hereto as Exhibit A. 2. Plaintiff seeks custody of the following children: Name TRYSTEN MCDONALD TYSON STUMP Present Residence 9 WILLIAM PENN DR. CAMP HILL, PA 17011 9 WILLIAM PENN DR. CAMP HILL, PA 17011 DOB MAY 6, 1999 9 months old 4. TRYSTEN MCDONALD and TYSON STUMP were born out of wedlock. 5. TYSON STUMP is presently in the custody of Plaintiff, and residing with the Plaintiff at 9 William Penn Drive, Camp Hill, Pennsylvania 17011. 6. TRYSTEN MCDONALD is presently in the custody of Defendant McDonald, whose last known residence is 424 Herr Street, Harrisburg Pennsylvania. 7. There is no existing Order of Court with respect to custody. 8. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. 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. 10. Plaintiff seeks an emergency custody order placing the subject minor children with the Plaintiff based on the foregoing: a) Plaintiff was asked by the natural mother to care for the subject minor child while in the natural mother is incarcerated. b) Natural mother has completed a notarized statement setting forth her desires which is attached hereto as Exhibit B. c) Once the natural mother was taken into custody, Defendant McDonald took Trysten out of daycare and separated Trysten from his brother Tyson. d) Defendant McDonald has never been an integral part of the lives of either children. e) Defendant McDonald is without a permanent residence and lives with friends and family. f) The temporary residences that Defendant McDonald utilizes are inappropriate for Trysten as it is believed that one residence, a 1 bedroom unit houses 3 children and two adults in addition to Trysten. The other residence is believed to be three bedrooms, housing five children and three adults, in addition to Trysten. g) Defendant McDonald has a criminal history that includes drug and weapon charges. It is believed therefore averred that Defendant McDonald may even have active warrants for his arrest in Dauphin County. h) In the past, Defendant McDonald has been know to use drugs in the presence of Trysten. i) Since Defendant McDonald's abduction of Trysten, family members have seen Trysten in the company of unrelated adults noting the absence of Defendant McDonald. j) Both children have resided with the Plaintiff for the vast majority of their lives and have had limited contact with the natural father. 11. The aunt of the subject minor children has completed an affidavit detailing her experiences with Defendant McDonald which is attached hereto as Exhibit C. 12. The best interests of this child would further be served if Plaintiff were provided primary physical custody until Defendant Richardson is released from prison. 13. Counsel for Plaintiff has been advised that Defendant McDonald has not been represented by counsel in any other action. WHEREFORE, Defendant requests this Honorable Court to order that physical of the minor child be placed with Defendant and Plaintiff be enjoined from leaving this Court's jurisdiction pending further hearing on this matter. Peter J. Russo Attorney for Plaintiff Date: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Plaintiff TERRY L. RICHARDSON, Plaintiff COURTNEYJOANN RICHARDSON, andJIMMYJAMESTHOMAS McDONALD De~ndan~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- CIVIL ACTION - LAW CUSTODY VERIFICATION I, TERRY L. RICHARDSON, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. TERRY L. RICHARDS'ON EXHIBIT "A" PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Plaintiff TERRY L. RICHARDSON, Plaintiff COURTNEY JOANN RICHARDSON, and JIMMY JAMES THOMAS McDONALD Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, TERRY L. RICHARDSON, by and through her attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiff's Complaint for Custody: 1. The Plaintiff is TERRY L. RICHARDSON, residing at 9 William Penn Drive, Camp Hill, Pennsylvania 17011. 2. The Defendant's are COURTNEY JOANN RICHARDSON residing at Cumberland County Prison and JIMMY JAMES THOMAS MCDONALD, whose last known residence is 424 Herr Street, Harrisburg Pennsylvania. 3. Plaintiff seeks custody of the following children: Name TRYSTEN MCDONALD TYSON STUMP Present Residence 9 WILLIAM PENN DR. CAMP HILL, PA 17011 9 WILLIAM PENN DR. CAMP HILL, PA 17011 DOB MAY 6, 1999 9 months old 4. TRYSTEN MCDONALD and TYSON STUMP were born out of wedlock. 5. TYSON STUMP is presently in the custody of Plaintiff, and residing with the Plaintiff at 9 William Penn Drive, Camp Hill, Pennsylvania 17011. 6. TRYSTEN MCDONALD is presently in the custody of Defendant McDonald, whose last known residence is 424 Herr Street, Harrisburg Pennsylvania. 7. During the past five years, the children have resided with the following persons and at the following addresses: Persons Plaintiff, child's mother, & child's 2 siblings Child's mother, child's sibling, & friends, Ron Stump & Tammy Stump Plaintiff, child's mother & sibling, & child's aunt, Lindsay Child's mother & Ron Stump Plaintiff, child's mother & brothers, Ron Stump & child's aunt, Lindsay Address 9 William Penn Drive Camp Hill, PA 17011 Disbrow Street Harrisburg, PA 9 William Penn Drive Camp Hill, PA 17011 1215 Derry Street 9 William Penn Drive Camp Hill, PA 17011 Duration July 2000 to present May 2000-July 2000 November '99-May 2000 Sept. '99 - November '99 May '99 - September '99 7. The mother of the children is Defendant, currently residing at Cumberland County Prison, Carlisle, Pennsylvania 17013. The mother is single. 8. The father of the children is Defendant, whose last known residence is 424 Herr Street, Harrisburg Pennsylvania. The father is single. 9. The relationship of plaintiff to the children is that of maternal grandmother. The plaintiff currently resides with the following persons: Name Relationship Tyler Stump Grandson - brother to Trysten TYSON STUMP Grandson - brother to Trysten - Child of Both Defendants 10. The relationship of Defendant Richardson, to the children is that of mother. The Defendant currently resides with the following persons: Name Relationship Unknown 11. The relationship of Defendant McDonald, to the children is that of father.The Defendant currently resides with the following persons: Name Relationship Varies depending on location of residence 12. 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 court, term and number, and its relationship to this action is: 13. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation right with respect to the children. The name and address of such person is: 15. The best interest and permanent welfare of the children will be served by granting the relief requested because the Plaintiff has been the primary caretaker of this minor children when the natural mother was not available. The natural father has had limited involvement with the minor children and is without the means to adequately support his children. 16. 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. All other persons named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests this Honorable Court to order that primary physical and legal custody of the minor children, Trysten McDonald and TYSON STUMP be placed with Plaintiff. Date: Respectfully submitted, Peter J. Russo Attorney for Plaintiff PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Plaintiff TERRY L. RICHARDSON, Plaintiff COURTNEYJOANN RICHARDSON, andJIMMYJAMESTHOMAS McDONALD De~ndan~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- CIVIL ACTION - LAW CUSTODY VERIFICATION I, TERRY L. RICHARDSON, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. TERRY L.- ~CRARDSOR EXHIBIT "B" EXHIBIT "C" AFFIDAVIT OF LINDSAY RICHARDSON I, Lindsay Richardson being duly sworn according to law, state under oath: 1. I am the maternal aunt of Trysten McDonald and Tyson McDonald. 2. The children have always been cared for by either my mother, Terry Richardson or my sister, Courtney Richardson. 3. Mr. McDonald has had limited contact with his children until now. 4. I have been witnessed behavior of Mr. McDonald which raises concerns for me when I consider he is caring for my nephew. 5. I have witnessed the following: a) When my sister was shopping one day she left Trysten with Jimmy, and when I came home from work, I came home to a house filled with smoke. My six year old nephew, Tyler, said to me that Jimmy was smoking a cigar. I knew then that Jimmy was smoking weed in the house while watching my nephews. b)Jimmy was watching Trysten when he was a baby while my sister and I went to the store really quick. When we came back we saw Jimmy's one friend holding a beer bottle to Trysten's mouth and Jimmy and his friend were both laughing about it. My sister and I both yelled at him. c)When Jimmy said he would watch the kids. My sister and I would go to pick them up and Jimmy was never around. One time when we went go to pick Trysten up he was in a house filled with smoke from weed, and he would was crying. Then when we took him home he was always really hungry. Even though we would buy food for all of the kids that live in the house where Jimmy lived before we dropped him off. So we think one of the other kids must of ate his food. Cause we were only gone for two and half hours. So my sister stopped asking Jimmy to watch the kids. 6. I believe the children will be best served if they were permitted to continue to reside with Terry Richardson. Lindsay Richardson Sworn to and Subscribed before me this 20th day TERRY L. RICHARDSON, Plaintiff COURTNEYJOANN RICHARDSON, andJIMMYJAMES THOMAS McDONALD De~ndan~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- 984 CIVIL ACTION - LAW CUSTODY J. WESLEY OLER, JUDGE ORDER OFCOURT AND NOW, this 2_~ ~ day of February, 2001, upon consideration of the attached Petition for Special Relief Seeking Custody of the Minor Children, Petitioner's requested relief is hereby GRANTED. Petitioner is awarded temporary physical custody of the minor children, Trysten McDonald and Tyson McDonald until further Order of Court. All other provisions of this Court's Order dated February 21, 2001 shall remain in full force and effect. PeterJ. Russo, squire Counsel for Plaintiff Courtney Joann Richardson Cumberland County Prison Defendant, Pro Se Jimmy James Thomas McDonald Dauphin County Prison Defendant, Pro Se BY THE COURT, ~ ..~ //Wesley Oler .... ,3udg~ TERRY L. RICHARDSON, Plaintiff COURTNEYJOANN RICHARDSON, andJIMMYJAMES THOMAS McDONALD De~ndan~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- 984 ClVlL ACTION-LAW CUSTODY J. WESLEY OLER, JUDGE PETITION FOR SPECIAL RELIEr' S~EEK~NG CUSTODY OF MINOR CHILDRE~ AND NOW, COMES, the Plaintiff, TERRY L. RICHARDSON, by and through her attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiff's Petition for Special Relief Seeking Custody: 1. The Plaintiff has filed a custody complaint which has been docketed at the above listed number. 2. The Plaintiff has also filed a prior Petition for Special Relief seeking custody of the subject minor children which has also been docketed at the above listed number. 3. A hearing on the Petition for Special Relief seeking custody of the subject minor is to be held before the Honorable J. Wesley Oler, Jr. on Thursday, March 1, 2001 at 10:00 a.m. Plaintiff seeks custody of the following children: Name ,P,r_e, sent Residence T-"~T E N MCDONALD Unknown. TYSON MCDONALD 9 WILLIAM PENN DR. CAMP HILL, PA 17011 DOB ~A"~ 6, 1999 9 months old 4. The natural mother of the subject minor children, COURTNEY JOANN RICHARDSON, is presently incarcerated in Cumberland County Prison for a parole violation. 5. Upon the natural mother's arrest, the natural Father, JIMMY JAMES THOMAS MCDONALD, removed Trysten McDonald from the home of his daycare provider and separated him from his brother. 6. Trysten's brother continues to reside with the Plaintiff. 7. Plaintiffs alleged in the prior Petition that Plaintiff was seeking an emergency custody order placing the subject minor children with the Plaintiff based on the foregoing: a) Plaintiff was asked by the natural mother to care for the subject minor child while in the natural mother is incarcerated. b) Natural mother has completed a notarized statement setting forth her desire to place the children with the plaintiff. c) Once the natural mother was taken into custody, Defendant McDonald took Trysten out of daycare and separated Trysten from his brother Tyson. d) Defendant McDonald has never been an integral part of the lives of either children. e) Defendant McDonald is without a permanent residence and lives with friends and family. f) The temporary residences that Defendant McDonald utilizes are inappropriate for Trysten as it is believed that one residence, a 1 bedroom unit houses 3 children and two adults in addition to Trysten. The other resident is believed to be a three bedroom residence housing five children, three adults in addition to Trysten. g) Defendant McDonald has a criminal history that includes drug and weapon charges. It is believed therefore averred that Defendant McDonald may even have active warrants for his arrest in Dauphin County. h) In the past, Defendant McDonald has been know to use drugs in the presence of Trysten. i) Since Defendant McDonald's abduction of Trysten, family members have seen Trysten in the company of unrelated adults noting the absence of Defendant McDonald. j) Both children have resided with the Plaintiff for the vast majodty of their lives and have had limited contact with the natural father. 11. Today JIMMY JAMES THOMAS MCDONALD was arrested for criminal trespass and false reporting to police and is presently in the custody of the Dauphin County Prison. 12. Counsel for the Plaintiff has confirmed JIMMY JAMES THOMAS MCDONALD's incarceration in Dauphin County. 13. While Plaintiff is currently unaware of the physical well-being of the child and the actual location of Trysten McDonald, Plaintiff believes the child may be with one of the paternal family members and believes she can gain custody of Trysten with a Court Order. 14. The best interests of this child would be served if Plaintiff were provided physical custody until the March 1, 2001 hearing. 15. The best interests of this child would further be served if Plaintiff were provided primary physical custody until Defendant Richardson is released from prison. WHEREFORE, Defendant requests this Honorable Court to order that physical of the minor child be placed with Plaintiff until further hearing on this matter. Date:_~AJ_~Lo_~~ ~,espec~rfully ~submitte~ Peter J. Russo Attorney for Plaintiff PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Plaintiff TERRY L. RICHARDSON, Plaintiff COURTNEY JOANN RICHARDSON, and JIMMY JAMES THOMAS McDONALD Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- 984 CIVIL ACTION - LAW CUSTODY J. WESLEY OLER, JUDGE VERIFICATION I, Peter J. Russo, counsel for Terry L. Richardson, being familiar with the fact and circumstances of this matter verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Peter J. Russo TERRY L. RICHARDSON, Plaintiff COURTNEYJOANN RICHARDSON, andJIMMYJAMES THOMAS McDONALD De~ndan~ INTHECOURTOFCOMMONPLEAS CUMBERLAND COUNTY, PENNSYLVANiA NO. 2001- 984 PETITION FOR SPECIAL RELIEF SEEKING CUSTODY OF MIN~R'~-~-t'DREN CIVIL ACTION - LAW CUSTODY J. WESLEY OLER, JUDGE;:~,~ AND NOW, COMES, the Plaintiff, TERRY L. RICHARDSON, by and through her attorney, Peter J. Russo, Esquire, and respectfully Submits the following in support of Plaintiff's Petition for Special Relief Seeking Custody: 1. The Plaintiff has filed a custody complaint which has been docketed at the above listed number. 2. The Plaintiff has also filed a prior Petition for Special Relief seeking custody of the subject minor children which has also been docketed at the above listed number. 3. A hearing on the Petition for Special Relief seeking custody of the subject minor is to be held before the Honorable J. Wesley Oler, Jr. on Thursday, March 1, 2001 at 10:00 a.m. Plaintiff seeks custody of the following children: Name TRYSTEN MCDONALD Present Residence Unknown. DOB MAY 6, 1999 TYSON MCDONALD 9 WILLIAM PENN DR. CAMP HILL, PA 17011 9 months old 4. The natural mother of the subject minor children, COURTNEY JOANN RICHARDSON, is presently incarcerated in Cumberland County Prison for a parole violation. 5. Upon the natural mother's arrest, the natural Father, JIMMY JAMES THOMAS MCDONALD, removed Trysten McDonald from the home of his daycare provider and separated him from his brother. 6. Trysten's brother continues to reside with the Plaintiff. 7. Plaintiffs alleged in the prior Petition that Plaintiff was seeking an emergency custody order placing the subject minor children with the Plaintiff based on the foregoing: a) Plaintiff was asked by the natural mother to care for the subject minor child while in the natural mother is incarcerated. b) Natural mother has completed a notarized statement setting forth her desire to place the children with the plaintiff. c) Once the natural mother was taken into custody, Defendant McDonald took Trysten out of daycare and separated Trysten from his brother Tyson. d) Defendant McDonald has never been an integral part of the lives of either children. e) Defendant McDonald is without a permanent residence and lives with friends and family. f) The temporary residences that Defendant McDonald utilizes are inappropriate for Trysten as it is believed that one residence, a 1 bedroom unit houses 3 children and two adults in addition to Trysten. The other resident is believed to be a three bedroom residence housing five children, three adults in addition to Trysten. g) Defendant McDonald has a criminal history that includes drug and weapon charges. It is believed therefore averred that Defendant McDonald may even h) have active warrants for his arrest in Dauphin County. In the past, Defendant McDonald has been know to use drugs in the presence of Trysten. Since Defendant McDonald's abduction of Trysten, family members have seen Trysten in the company of unrelated adults noting the absence of Defendant McDonald. j) Both children have resided with the Plaintiff for the vast majority of their lives and have had limited contact with the natural father. 11. Today JIMMY JAMES THOMAS MCDONALD was arrested for criminal trespass and false reporting to police and is presently in the custody of the Dauphin County Prison. 12. Counsel for the Plaintiff has confirmed JIMMY JAMES THOMAS MCDONALD's incarceration in Dauphin County. 13. While Plaintiff is currently unaware of the physical well-being of the child and the actual location of Trysten McDonald, Plaintiff believes the child may be with one of the paternal family members and believes she can gain custody of Trysten with a Court Order. Date: 14. The best interests of this child would be served if Plaintiff were provided physical custody until the March 1, 2001 hearing. 15. The best interests of this child would further be served if Plaintiff were provided primary physical custody until Defendant Richardson is released from prison. WHEREFORE, Defendant requests this Honorable Court to order that physical of the minor child be placed with Plaintiff until further hearing on this matter. /Respectfully subrrfftte~... Peter J. Russo Attorney for Plaintiff PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Plaintiff TERRY L. RICHARDSON, Plaintiff COURTNEY JOANN RICHARDSON, and JIMMY JAMES THOMAS McDONALD Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- 984 CIVIL ACTION - LAW CUSTODY J. WESLEY OLER, JUDGE VERIFICATION I, Peter J. Russo, counsel for Terry L. Richardson, being familiar with the fact and circumstances of this matter verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Peter J. Russo TERRY L. RICHARDSON, Plaintiff COURTNEY JOANN : RICHARDSON, and JIMMY : JAMES THOMAS McDONALD,: Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 01-984 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of March, 2001, upon consideration of Plaintiff' s Petition for Special Relief Seeking Custody of Minor Children, with respect to the children of Defendant Courtney Joann Richardson and Defendant Jimmy James Thomas McDonald (Trysten McDonald and Tyson Stump), and following a hearing held on March 1,2001, it is ordered and directed as following pending a custody conciliation conference and further order of court: 1. The parties shall share legal custody of the children. 2. Primary physical custody of the children shall be in the Plaintiff, Terry L. Richardson, the children's maternal grandmother. 3. Defendant Jimmy James Thomas McDonald shall have rights of visitation with the children in Plaintiff's home each Saturday, from 1:00 p.m. until 6:00 p.m. 4. Defendant Courtney Joann Richardson shall have rights of temporary or partial custody at such times as she and Plaintiff mutually agree. BY THE COURT, t r )¢~sley Ole~J~., Peter J. Russo, Esq. 5010 E. Trindle Road Mechanicsburg, PA 17050 Attorney for Plaintiff Courtney Joann Richardson Cumberland County Prison Defendant, Pro Se Jimmy James Thomas McDonald 423 Cumberland Courts Harrisburg, PA 17102 Defendant, Pro Se irc TERRY RICHARDSON, Plaintiff COURTNEY JOANN RICHARDSON, AND JIMMY JAMES THOMAS MCDONALD, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LA W : NO. 01-984 CIVIL : IN CUSTODY ORDER OF COURT AND NOW, this 1st day of March, 2001, upon consideration of the Plaintiff's motion for special relief seeking custody of minor children, and following a hearing, the record is declared closed, and the matter is taken under advisement. Peter J. Russo, Esquire For the Plaintiff BY THE COURT, Courtney Joann Richardson, Cumberland County Prison 1101 Claremont Road Carlise, PA 17013 Defendant Pro Se Jimmy James Thomas McDonald, 423 Cumberland Courts Harrisburg, PA 17102 Defendant Pro Se pbc TERRY L. RICHARDSON, Plaintiff VS. COURTNEY JOANN RICHARDSON AND JIMMY JAMES THOMAS MCDONALD, Defendants o 9 200! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-984 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this [[ [-~ day of ~,; [ ,2001, upon consideration of the attached Custody Conciliation Summary F~epor~, it is hereby ordered and directed as follows: 1. Leo~al Custody. The parties shall have shared legal custody of the minor Children, Trysten McDonald, born May 6, 1999, and Tyson Stump, born May 8, 2000. 2. Physical Custody. Primary physical custody of the Children shall be in the Plaintiff, Terry L. Richardson, the Children's Maternal Grandmother. 3. The Defendant, Jimmy James Thomas McDonald, shall have rights of visitation with the Children in Plaintiffs home each Saturday from 1:00 p.m. until 6:00 p.m. 4. The Defendant, Courtney Joann Richardson, shall have rights of temporary or partial custody at such times as she and Plaintiff may mutually agree. 5. Counsel for the Plaintiff shall serve copies of this Order upon both Defendants and shall file the appropriate return of service with the Court. This Order is temporary in nature. In the event that either Defendant is aggrieved by the terms of this Order, it may be modified by proper petition by the Court and shall be scheduled for a Custody Conciliation Conference in due Court. Dist: BY THE COURT, ~l./~5/esley Ole(.~J~., J. Peter J. Russo, Esquire, 5010 E. Trindle Road, Mechanicsburg, PA 17050 Courtney Joann Richardson, Cumberland County Prison Jimmy James Thomas McDonald, 423 Cumberland Courts, Harrisburg, PA 17102 TERRY L. RICHARDSON, : Plaintiff : VS. .' .. COURTNEY JOANN RICHARDSON AND : JIMMY JAMES THOMAS MCDONALD, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-984 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Trysten McDonald Tyson Stump May 6, 1999 May 8, 2000 Maternal Grandmother Maternal Grandmother 2. A Custody Conciliation Conference was held on March 26, 2001, with the following individuals in attendance: the Maternal Grandmother, Terry L. Richardson, and her counsel, Peter J. Russo, Esquire. 3. The Defendant, Courtney Joann Richardson, is the biological Mother of the Children and is presently incarcerated in Cumberland County Prison. The Defendant, Jimmy James Thomas McDonald, was recently incarcerated as well. However, it is believed that he is not presently incarcerated. He did not attend the Custody Conciliation Conference. However, the Maternal Grandmother reports that she spoke with him after he received notice of the Custody Conciliation Conference and encouraged him to attend the Conference today. Father did not attend. Maternal Grandmother reports that subsequent to the March 1, 2001, hearing with Judge Oler, Father has had no contact with the minor Children. 4. Counsel for Mother reports that they have no proof of service of the Order scheduling the Custody Conciliation Conference for March 26, 2001. Maternal Grandmother has no desire to change the content of the present Order. The Order will remain intact, subject to Petition for Modification by either parent and with additional requirement upon counsel for Plaintiff to serve the Defendants and file a Return of Service. Date Melissa Peel Greevy, Esquire' Custody Conciliator TERRY L. RICHARDSON, : Plaintiff : .. VS. : : COURTNEY JOANN RICHARDSON AND : JIMMY JAMES THOMAS MCDONALD, : Defendants : APR 0 9 200~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-984 CIVIL ACTION - LAW CUSTODY ~ COURT_ AND NOW, this II')r~ dayof ~-~ I~ [~, , 2001, upon consideration of the attached Custody Conciliation Summary I$,eport, it is hereby ordered and directed as follows: 1. L al_~g~. The parties shall have shared legal custody of the minor Children, Trysten McDonald, born May 6, 1999, and Tyson Stump, born May 8, 2000. 2. physical Custody. Primary physical custody of the Children shall be in the Plaintiff, Terry L. Richardson, the Children's Maternal Grandmother. 3. The Defendant, Jimmy James Thomas McDonald, shall have rights of visitation with the Children in Plaintiff's home each Saturday from 1:00 p.m. until 6:00 p.m. 4. The Defendant, Courtney Joann Richardson, shall have rights of temporary or partial custody at such times as she and Plaintiff may mutually agree. 5. Counsel for the Plaintiff shall serve copies of this Order upon both Defendants and shall file the appropriate return of service with the Court. This Order is temporary in nature. In the event that either Defendant is aggrieved by the terms of this Order, it may be modified by proper petition by the Court and shall be scheduled for a Custody Conciliation Conference in due Court. BY THE COURT. Dist: Peter J. Russo, Esquire, 5010 E. Trlndle Road, Mechanicsburg, PA 17050 Courtney Joann Richardson, Cumberland County Prison Jimmy James Thomas McDonald, 423 Cumberland Courts, Harrisburg, PA 17102 TRUE COPY FROM RECORD In Test~nony whereof, I here unto set my hard an~'~/se~,f sa~,, C°urt all~C~rlisle' Pa' TERRY L. RICHARDSON, : Plaintiff : .. VS. ., ., COURTNEY JOANN RICHARDSON AND : JIMMY JAMES THOMAS MCDONALD, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-984 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 subject of this litigation is as follows: ~ : J~ CURRENTLY IN CUSTODY OF Trysten McDonald May 6, 1999 Maternal Grandmother Tyson Stump May 8, 2000 Maternal Grandmother 2. A Custody Conciliation Conference was held on March 26, 2001, with the following individuals in attendance: the Maternal Grandmother, Terry L. Richardson, and her counsel, Peter J. Russo, Esquire. 3. The Defendant, Courtney Joann Richardson, is the biological Mother of the Children and is presently incarcerated in Cumberland County Prison. The Defendant, Jimmy James Thomas McDonald, was recently incarcerated as well. However, it is believed that he is not presently incarcerated. He did not attend the Custody Conciliation Conference. However, the Maternal Grandmother reports that she spoke with him after he received notice of the Custody Conciliation Conference and encouraged him to attend the Conference today. Father did not attend. Maternal Grandmother reports that subsequent to the March 1, 2001, hearing with Judge Oler, Father has had no contact with the minor Children. 4. Counsel for Mother reports that they have no proof of service of the Order scheduling the Custody Conciliation Conference for March 26, 2001. Maternal Grandmother has no desire to change the content of the present Order. The Order will remain intact, subject to Petition for Modification by either parent and with additional requirement upon counsel for Plaintiff to serve the Defendants and file a Return of Service. Date issa Peel Greevy, Esquire' Custody Conciliator