Loading...
HomeMy WebLinkAbout06-1461 AUKIA A. JOHNSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : IN CUSTODY BARRY E. CHAMBERS, JR., Defendant. : NO. 06- /'1(., I CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Alikia A. Johnson, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Alikia A. Johnson, residing at 126 North Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Barry E. Chambers, Jr., whose last known address is 442 Yarnell St. Chester, Delaware County, PA 19013. 3. Plaintiff seeks primary custody of: Name Present Residence Age Aryonne Lashea Johnson-Chambers 442 Yarnell St. Chester, PA 1 year The child was born out of wedlock. The child is presently in the custody of Barry E. Chambers, Jr., who resides at 442 Yarnell St. Chester, PA 19013. During the past five years the child has resided with the following persons at the following addresses: Persons Linda Saunders Barry E. Chambers, Jr. Address 442 Yarnell St. Chester, PA 19013 Dates 3/05/06 - 3/16/06 Alikia A. Johnson Pam Johnson 126 North Pitt Street Carlisle, P A 17013 2/01/06 - 3/05/06 Alikia A. Johnson 153 D Street Carlisle, P A 17013 7/01/06 - 2/01/06 Alikia A. Johnson Pam Johnson 126 North Pitt Street Carlisle, P A 17013 4/01/05 - 7/01/06 Alikia A. Johnson Barry E. Chambers 2116 Mission Bay Circle Rockledge, FL 32955 3/18/05 - 4/01105 The mother of the child is Alikia A. Johnson. She is single. The father of the child is Barry E. Chambers, Jr.. He is single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Pam Johnson Mother 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Linda Saunders Mother Aryonne Lashea Johnson-Chambers Daughter 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. 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 children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the child's primary caretaker for all of the child's life; b. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff has permitted contact between Defendant and the child and will continue to do so; d. Plaintiff is willing to accept custody of the child. 8. Each parent whose parental rights of the child have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, plaintiff respectfully requests the Court to grant her shared legal custody and primary physical custody of the child, with the defendant having periods of partial custody as agreed by the parties. Respectfully submitted, Date: ;~Ifo-O~ ~v~ ~mill Certified Legal Intern " - , ~/'- ..' t;01_~1 " ( THOM S . PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX WILLIAM G. MARTIN Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 70 13 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Complaint 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. /.' Zd 3/,"/00 \-\ l\ "b o ~:~ ...,;" 1,)( rTil ~, ~-:.~:J c.:" <,.... ~ J.-;" :;;.) C.l ~ e"" - - :/ / 0" Cj -n .... :!:-n rne -or,. ::;c) \S~:' :.~, .~) ~, (-2 tj\n ~.; :;;:) -< '2Z::', I..t? -- ~ ~. v' AUKIA A. JOHNSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY BARRY E. CHAMBERS, JR., Defendant : NO. 06. /'I/;/ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Alikia A. Johnson, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date 3 -/10 -0(0 Respectfully submitted, (e~~ Jill ammill Certified Legal Intem ROBER THOMA M. LACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLlNIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 -t)!.!,' S\~.r" i;,:.:~ ~.<. o C ,..., CJ r;;;;:-' cr> == ~ -;''0 - '~;~ <<- "," ",,0" 0" o -n :C rnf8 '"'(j(r::\ ";0;,;"1, .~ <--r , -'C. "-,',,,,', , , ':c.';(;'i '::<; ~~~:. ?~ --"-' -~ "9 "" ALIKIA A. JOHNSON, Plaintiff/ Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY BARRY E. CHAMBERS, JR., Defendant! Respondent No. 06- I'/i, j CIVIL TERM PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this ~ day of fll4rcll, 2006, pursuant to Ruk 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Alikia A. Johnson, by her attorneys, the Family Law Clinic, seeking emergency custody of the minor child, Aryonne Johnson-Chambers, born March 18,2005. In support of her Petition for Emergency Relief, Petitioner avers the following: 1. The petitioner is Alikia A. Johnson, an adult individual who resides at 126 North Pitt Street, Carlisle, Cumberland County, PA, 17013. 2. The respondent is Barry E. Chambers, Jr., an adult individual who resides at 442 Yarnell Street, Chester, Delaware County, PA, 19013. 3. The petitioner is the biological mother (hereinafter "Mother") of the one-year-old minor child, Aryonne Johnson-Chambers, born March 18, 2005 (hereinafter "the child"). 4. The respondent is the biological father (hereinafter "Father") of the child. 5. The child was born out of wedlock. 6. Mother has been the primary caretaker of the child since her birth. > 7. Mother and Father separated when the child was three weeks of age, at which time Mother moved with the child to Pennsylvania. 8. Father's contact with the child since the child's birth has been minimal: Father had no contact with the child from April 2005 until November 2005; Father had one weekend of supervised visitation in November 2005 and five days of custody of the child in January of2005. 9. On Sunday, March 5, 2006, Mother and Father agreed that Father would have a period of custody, beginning March 5, 2006, and ending with the return of the child to Mother on March 14,2006. 10. On Tuesday, March 14, 2006, Father did not appear at the pre-arranged custody exchange location to return the child. Father's sister informed Mother that Father would not return the child to her. Later that evening, Father spoke to Mother and said they could discuss the matter again the next day. 11. Mother traveled to Chester, Pennsylvania again on March 15,2006 to retrieve the child, and she was unable to secure the return of the child. 12. Mother telephoned father repeatedly while she was in Chester, Pennsylvania on March 15,2006, and received no response from Father. 13. Mother is concerned about the child's safety because Mother learned from Father's girlfriend that Father was recently evicted from his residence. 14. Mother is filing a Complaint for Custody contemporaneously with this Petition for Special Relief. 15. Mother believes and therefore avers that it is in the best interests of the minor child that Mother be granted temporary legal and physical custody of the child, pending further Order of Court. WHEREFORE, the petitioner, A1ikia A. Johnson, respectfully requests that this Honorable Court order Respondent to return the child immediately to Petitioner, order the Cumberland County Sheriff to assist and if necessary deputize the sheriff of another county to serve this Order on respondent and effectuate the immediate return of the child to Petitioner, and enter an Order granting Petitioner temporary legal and physical custody of the child, pending further order of Court. Respectfully submitted, 3-IG-OG (..~9-);;urwy~ .ijl1 Hammill Certified Legal Intern Date J II ,:/'U,L . -J...~7 ~ "- LUCY JO S N-WALSH ROBERT . RAINS THOMAS M. PLACE ANNE MACDONALD..FOX WILLIAM G. MARTIN Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: 3 J/(P It, (j5 { I /1L12/2:-- Alikia A. John n, Petitioner . , " (') ~;:~ ~.: ,...., "'::.~ C:_'.~1 t-;''--' o '" '-1 :T~ ,1 n1~:; " -on, --'(,-J ~-~; ~~-~ if5. ~~ ::oc :p.o :..u c' ,.... -'",~ -~ ".p (,n 1""-;) t " ALlAIA A. JOHNSON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-1461 CIVIL V. BARRY E. CHAMBERS, JR. DEFENDANT CIVIL ACTION - LAW IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA.R.C.P. 1915.13 ORDER OF COURT AND NOW, this 16th day of March, 2006. upon consideration of the attached Petition for Special Relief, IT IS ORDERED AND DIRECTED: A. A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; B. That the parties and their respective counsel appear before this Honorable Court on March 22. 2006 at 1 :30 p,m, for a hearing on said Petition. The Defendant shall bring the child with him to the scheduled hearing. C. The Cumberland County Sheriff shall assist and if necessary deputize the Sheriff of another county to serve this Order on Defendant. D, If the parties arrive at an agreement prior to the scheduled hearing, they shall notify the court immediately. By the Court, \\\"i. w\ M. L. Ebert, Jr, \. lJ. IfIN\iI\lJSNN3d . I r 'n", - ,.... '~, -, "'n'" Al.',>:( :J i ,"} '!-'~)'dn v 6S:1 Wd 9/ ~VWqaOZ 'l1Iil"'i"',"",',I.!! :1H.i.:l0 A';J,'1 I.....h"\.h L'JL.:O ... 3~)L:H()-G311:l , . Jill Hammill ,/, Certified Legal Intern T' (1,)/ l::S ;)1 ~C.^.~J (If 9/Vv....) 01 G./ a Lucy Johnston-Walsh I / Attorney for Plaintiff Barry E. Chambers, Jr., - CD}';>,! Defendant Yh'd (L~l - J!/{-I ex", .3/1&/010 :::1/71 Cumberland County Sheriff's Dept. bas ALlKIA A. JOHNSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 06-1461 CIVIL ACTION LAW BARRY E. CHAMBERS, JR, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, March 22,2006 , 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 Tuesday, April 18, 2006 at 8:30 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. 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/ facqueJine M. Verney. Esq. Custody Conciliator fJ^\V The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE 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 'ftl ~-Ho/I ~ 'lU. ~-d //dOl) -70 C~ <' ~rh~;> "r p.~d ?1 ~4~ ~ch) 'JtJC'C:> [' . ~: ~,'~I;'\ 'i .,'1'"", 81 :2 hLj 22 },:V1J 'l(~fl7 ,. ,.~ \)w:.., ALIKIA A. JOHNSON, Plaintiff V. BARRY E. CHAMBERS, JR. Defendant .......... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1461 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 22nd day of March, 2006, upon consideration of the Petition for Special Relief Seeking Emergency Custody and after hearing, it is hereby ordered and directed that the Petitioner, Alikia Johnson, shall have temporary legal and physical custody of the minor child, Aryonne Johnson Chambers, until further order of court. The child will be relinquished to the mother's care at this time. Both parties will report to the custody conciliation office for the purpose of scheduling a full custody conciliation hearing regarding this child immediately following this hearing. ~ll Hammill, CLI Family Law Clinic For the Plaintiff / ~ ~arry E. Chambers, Jr. Pro se :lfh By the Court, ~l ~ r M. L. Ebert, Jr., J O~ :! I I 8 i~::'fj:! sr;z .r .M o APR 1 9 2006(Vf1 ALIKIA A. JOHNSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1461 CIVIL ACTION - LAW BARRY E. CHAMBERS. JR.. Defendant IN CUSTODY ORDER OF COURT AND NOW, this '20'" day of P. ~ t. \ ,2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated March 22, 2006 is hereby vacated. 2. The Mother, Alikia A. Johnson and the Father, Barry E. Chambers, Jr., shall have shared legal custody of Aryonne Johnson-Chambers, born March 18,2005. 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 her health, education and religion. Pursuant to the terms ofPa.C.S. 95309, 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 ofthe 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. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody at times mutually agreed upon by Mother and Father. 5. locations. Mother and Father shall mutually agree upon exchange times and 6. Mother and Father shall notify each other of all medical care the child receives while in that parent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 7. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free ad natural development of the child's love and respect for the other parent. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. BY THE COURT, :;>1i1l Hammill, certified legal intern, counsel for Mother Lucy Johnston- Walsh, Esquire, Family Law Clinic ~arry E. Chambers, Jf., pro se C/O Linda Taylor 442 Yarnell St. Chester, PA 19013 J. ~ APR 1 9 2006~ ALIKIA A. JOHNSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2006-1461 CIVIL ACTION - LAW BARRY E. CHAMBERS, JR., Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. CUSTODY CONCILIA nON 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 CURRENTL Y IN CUSTODY OF Aryonne Johnson-Chambers March 18,2005 Mother 2. A Conciliation Conference was held in this matter on April 18, 2006 with the following individuals in attendance: the Mother, Alikia Johnson, with her counsel, Jill Hammill, Certified Legal Intern and Lucy Johnston-Walsh, Esquire, Family Law Clinic. Father, although notified of the conference, did not appear. 3. The Honorable M.L. Ebert, Jr. entered an Order of Court dated March 22, 2006 providing for Mother to have legal and physical custody of the child. 4. Mother requested an Order in the form as attached. if~/f~f, Date 11/ (;.~ Jac eline M. Verney, Esquire Custody Conciliator ,.-- '. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-01461 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON ALIKIA A VS CHAMBERS BARRY E JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDANT , to wit: CHAMBERS BARRY E JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DELAWARE County, Pennsylvania, to serve the within PETITION On March 27th , 2006 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: Docketing Out of County Surcharge 18.00 9.00 10.00 .00 .00 37.00 00/00/0000 FL So answers: ~~ ~ R. Thomas Kl~ne Sheriff of Cumberland County Sworn and subscribed to before me In''': this 7- day of ~ A.D. .,2 aN.. Prothonotary .- ' ~ ..' In ,The Court of Common Pleas of Cu~ber\and County, P.eoRsylvania. Alikia A. Johnson vs. . , Barry E. 0Id1100rs Jr NO. 06-1461 civil Now, March 16. 2006. , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Delaware County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . r~ c..-<:~ Sheriff of Cumberland COWlty, P A Affidavit of Service Now, />>&- :ILl , 20~, at S5" o'clock 'P.. M. served the within 7€iJll"'''''JIi upon c::- ,.. / ./1 // at. 7d/~ /)lr1-,p~"%.sS by handing to }/A/c!II-'1i/l#j /#tJ~Lt1;:,/a/:" a ~~~~~ and made kno~.to /; U4~~JA i:;J~1kf.f//m~ '/ ' the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this~day of tfia.reJ;J ,2oA , COSTS SERVICE MILEAGE AFFIDAVIT $ ~..' .L ~=~. COMMONWEAL.TH P SYL.VANIA NOTARIAL SEAL SHERI L. ZUPPO. Notaly Public Media Boro., Delaware County CQjnmis i Au us! 24,2009 $ jj!H4S 'oJ PU~IHgwnJ ~dEG:l 900G 'OG'H~