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HomeMy WebLinkAbout05-2473 'I . , JENNY L. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DWAYNE DUDLEY, Defendant NO. 2005- ,;;{LJ7J CIVIL ACTION-LAW IN CUSTODY CIVIL TERM COMPLAINT FOR CUSTODY 1. Plaintiff is Jenny L. Brown, an adult individual, currently residing at 342 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Dwayne Dudley. an adult individual, whose mailing address is 803 Middle Drive, Chambersburg, Franklin County, Pennsylvania 17201. 3. Plaintiff seeks custody of the following child: Camdyn D.L. Dudley, born January 26, 2005. The child was born out of wedlock. The child is presently in the custody of Plaintiff, who resides at 342 East Garfield Street, Shippensburg, Cumberland County. Pennsylvania. The child has resided with the Plaintiff at 342 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania since his birth on January 26, 2005. The natural mother of the children is Jenny L. Brown, currently residing 342 East Garfield Street, Shippensburg. Pennsylvania. She is not married. The natural father of the children is Dwayne Dudley, whose mailing address is 803 Middle Drive, Chambersburg, Pennsylvania. He is not married. 4. The relationship of the Plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: (a) Mackayla LA Brown (b) Branson J.E. Brown (c) Camdyn D.L. Dudley ,I - , 5. The relationship of the Defendant to the child is that of natural father. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 7. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has 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 your Honorable Court to grant her primary physical custody of the child. Respectfully submitted. O'BRIEN, BARIC & SCHERER ~tfYV Mich el A. Scherer, Esquire 1.0.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas\Oomestic\Brown,Jenny\custody.comp I I . JENNY L. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DWAYNE DUDLEY, Defendant NO. 2005- CIVIL ACTION-LAW IN CUSTODY CIVIL TERM II II i ! VERIFICATION I verify that the statements mClde in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATE: April Oi 7 . 2005 , bi !}{UJU 0 -\{.l. t-) CJ f( ~;~ 7lL '"'- C."C.."> ~'n -.;j'" '- :;1 -- '--. .. .,." lrt ~~"- -- -.C: - ~ ..t:. () 0) -C W C> lJ' -IJ G- o' \,,;:J -- ~ -f ~) - -- (,.J ~ J:- JENNY L. BROWN PLAINTIFF v. DW A YNE DUDLEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 05-2473 CIVIL ACTION LAW IN CUSTODY ORDER OF' COURT AND NOW. Tuesda , '!'ll}' 17,2005 __, upon consideration ofthe attached Complaint, it is hereby directed that parties and thei respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland Coun C nrthouse, Carlisle on __ Friday, June 03, 2005 , the conciliator, at 8:30 AM for a Pre-Hearing Custody Conference. t 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 ma also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporar or permanent order. The court hereby directs tbe p rties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody or ers to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X Gilrov. E~~Y~ Custody Conciliator The Court of Common Peas of Cumberland County is required by law to comply with the Americans with Disabilites Act of ] 990. For' formation about accessible facilities and reasonable accommodations available to disabled individuals h ving business before the court, please contact our office. All arrangements must be made at least 72 hours pri r to any hearing or business be/ore the court. You must attend the scheduled conference or hearing. yau SHOULD TAKE HIS PAPER TO YOUR ATTaRNEY AT ONCE. IF yaU DO' NUT HAVE AN ATTORNEY OR CA NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT HERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -~ ~?'P".#~P~' ~ P(J"-~ rr-"J .5v)J/Y -, .$p :;!. /l[JYlMl ~~4!/t, ~)a J/5 J-P?,/q>-:::' p.'7- ~~~ MV7 PV )'<7 p/ S \' 1:-. '," ," If' . " f:', .". \ '.'1 , . Ii. RECEIVED JUN 13 2005 ;f JENNY L. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DWAYNE DUDLEY, Defendant NO. 05-2473 IN CUSTODY COURT ORDER AND NOW, this l.AI\ day of June, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Jeuny L. Brown, shall enjoy legal custody of Camdyn D.L. Dudley, born January 26, 2005. 2. The father, Dwayne Dudley, shall enjoy periods of temporary custody with the minor child at such times and under such circumstances as agreed upon by the parties. 3. It is noted that this Order is entered after a Custody Conciliation Conference which was not attended by the father. Ifthe father desires to modify this Order, father may petition the Court to have the case again heard by the Custody Conciliator. If a hearing is scheduled at any time in this case, this Order shall at that point be deemed to have been a temporary Order and not based upon any determination of the Court. ~~~,...~~ ~cP -'\ 0\9 FILE'D i\:lf'C -t.) t vI- OF TH~ ptY''''f''-'W''['^'RY 1:: ,.\.)1 .,-.......,'A.J f\i 2005 JUN ! 4 PN 4: 00 - JENNY L. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW DWAYNE DUDLEY, Defendant NO. 05-2473 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE' OF PROCEDURE 19I5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Camdyn D. L. Dudley, born January 26,2005. 2. A Conciliation Conference was held on June 3, 2005, with the following individuals in attendance: The mother, Jeuny L. Brown, with her counsel, Michael A. Scherer, Esquire. The father did not attend the conference. However, Attorney Scherer indicated that notice of conference was sent to the father regular mail, with that letter not being returned. Also, a similar notice was sent certified mail, return receipt requested, and that document was returned unclaimed. Additionally, mother related that she and the father have been separated since April 1" and the father has not seen the child since that time and mother has had custody of the child. 3. Based upon the above, the Conciliator recommends and Order in the form as attached. ({In/ ()f DAT Conciliator