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HomeMy WebLinkAbout06-3981 :11 - ------r- fl\cust\DAU,MICHAEL&CYNTHIA-noticetodefend MICHAEL F. AND CYNTHIA G. DAU, HUSBAND AND WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION CUSTODY NO. ~- Jq?{ C;oJ...c.y~ MORGAN E. MATTER, Mother, and ANDRE McNEIL OWENS, JR., Father, Defendants NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following complaint, you must take action within twenty (20) days after the 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 against you and a judgment may be entered against you by the Court without further notice for any money claimed in the com- plaint or for any other claim or 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 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, PA 17013 (717) 249-3166 .11 .1: Jfl\cust\daumichandcynthcust MICHAEL F. AND CYNTHIA G. DAU, HUSBAND AND WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION CUSTODY e;c.>~l 'T~ MORGAN E. MATTER, Mother, and ANDRE McNEIL OWENS, JR., Father, Defendants NO. D~- 3C?Pl COMPLAINT FOR CUSTODY 1. The Plaintiffs are Michael F. and Cynthia G. Dau, adult individuals, residing at 10 Plainview Road, Camp Hill, Pennsylvania, 17011. 2. The Defendants are Morgan E. Matter, last known to reside at 2125 North Penn Street, Harrisburg, PA 17103, and Andre McNeil Owens, Jr., last known to reside in Howard County, Maryland. 3. Plaintiffs seeks custody of their great-niece, Tonia M. Owens, who resides with them at 10 Plainview Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, 17111. The minor child, Tonia, is 13 ~ years of age having been born on July 23, 1992. The child was born out of wedlock. The child is presently in the custody of the Plaintiffs, her great-aunt and great-uncle, Cynthia and Michael Dau, who reside at 10 Plainview Road, Camp Hill, Pennsylvania, 17011. -1- :II ,- The child is currently enrolled in and attends Camp Curtin Middle School. She has been classified as "homeless" by the Harrisburg School District to allow her to attend school within that district until such time as an Order of Court allows her to attend West Shore School District. During the past eight years, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES Plaintiffs 10 Plainview Road Camp Hill, PA since 9/12/05 Morgan Matter child's biol, mother 2125 N. Penn Street Harrisburg, PA @ 8/03 - 9/12/05 Terri Brentnall Jacksonville, Florida child maternal grandmother (Plaintiff Michael Dau's sister) @ 7/01 - 8/03 The mother of the child is Morgan Elizabeth Matter who currently resides at an undisclosed location believed to be in the Baltimore, Maryland area. She is believed to be single. The father of the child is Andre McNeil Owens, Jr. whose current whereabouts and residency are unknown. It is believed that there may be an old address on file with the Domestic Relations Office of Cumberland County The father's marital status is unknown, -2- J 4. The relationship of Plaintiffs to the chil& is that of maternal great uncle and great aunt, The Plaintiffs currently reside with the following persons; NAME RELATIONSHIP Elizabeth N. Dau Daughter the subject minor child 5. The relationship of Defendants to the child is that of mother and father. The Defendants currently resides with the following persons: NAME RELATIONSHIP unknown 6. The Defendant Mother is currently entered into the National Crime Information Center in Washington, D,C. as a result of a report filed with the Harrisburg Bureau of Police. No further information is available as of the date of this filing. See attached notice. 7. Plaintiffs have 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. I 8. Plaintiffs have no information of a custody troceeding -3- ',11 -----,,-- concerning the child pending in a Court of this Co~onwealth. 9. Plaintiffs do 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. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has resided off and on with her great aunt and great uncle, the Plaintiffs herein, since her first birthday who have provided a continuous living relationship with the child; (b) The Plaintiffs are able to provide a stable home and family type environment for the child allowing the child opportunity to spend time with the child's mother consistent with a schedule the parties may arrange between themselves, (c) The child has lived with the Plaintiffs in the past for years at a time through the volition and permission of the Defendant/Mother who has entrusted the Plaintiffs with the care of her daughter. (d) The child can only be enrolled in the West Shore School District and attend the Middle School if the Plaintiffs I permanert have a current Court Order granting them either temporary or physical custody. -4- .11 - ---.,-- (e) The child can only be placed on the Plaintiffs' medical and dental health care plans if the Plaintiffs are granted physical custody. (f) The last time the child was living with the Plaintiffs, she stayed with them for three (3) years. (g) Given the current unknown whereabouts of both of her parents, compounded with the unstableness of the defendant/mother, the Plaintiffs seek to provide a comfortable, stable and loving home for their niece until the mother decides to corne home again. 11. However, until such time as the defendant/mother decides to return to the area, the Plaintiffs desire and need to have a Court Order granting them legal and physical custody of the minor child which is in the best interests of this minor child, 12. 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. 13. The Plaintiffs assert their legal standing to file this Complaint for Custody under 23 Pa. C. S. A. 55314 (c) (3) wherein the Grand Uncle and Aunt, Plaintiffs herein, deem it necessary to assume i responsibility for a child who is substantially at ri~k due to \ i parental abuse and neglect due to her being abandonedf -5- WHEREFORE, Plaintiffs request the court to grant physical and legal custody of the minor subject child to them, STONE LaFAVER & SHEKLETSKI / E for Plaintiff -6- ,II Fl\cust\DAU,MICHAEL&CYNTHIA-verification V E R I FIe A T ION Michael F. Dau and Cynthia G. Dau, husband and wife, state that they are the Plaintiffs named in the foregoing instrument and that they are acquainted with the facts set fortfu in the foregoing instrument; that the same are true and correct to the best of their knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa, C.S.A. ~4904 relating to unsworn falsification to authorities. !1~t (L t~'!'G~)h(h' ~ Date: D7JDlo) DlD r L . . ' . City of Harrisburg Bureau of Police McCormick Public Services Center 123 Walnut Street Harrisburg, PA 17101-1614 May 30,2006 OFFICE OF THE CHIEF OF POLICE <<Repfirstname>> CUNTHIA DAU <<Repaddress1>>lO PLAINVIEW RD <<Repaddress2>>CAMP HILL PA 17011 REF: Name of Missing Person: Birth Date: Date Reported Missing: Police Incident Number: MORGAN MATTER 917172 <<4/29/06 <<2006-04-12892 Dear ANN COLOAZO-DELEON The above referenced missing person is presently entered into the National Crime Information Center in Washington, D,C. as a result of your having reported him/her as missing with the Harrisburg Bureau of Police,. It is imperative that if the above listed person has returned that you immediately notify us. This can be done by calling this department at (717) 255-3131, or writing to us at the above address, Please include the police incident number and name of the missing Ilerson as referenced above. If we do not hear from you within five (5) days from the date of t~is letter, we will continue to consider him/her as stilI missing. Sincerely, CAPTAIN RICHARD PICKLES Commander, Technical Services Division Han"isburg Bureau of Police C(': Incidellt Report File ;-.~-?', ~?I ~ ^(~~~ g ~ ~ ;) ~ ~ F ~ 1- '~.' :.',Q -" ,'eJ " -, MICHAEL F. AND CYNTHIA G, DAU. HUSBAND AND WIFE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYL VANIA v, 06-3981 CIVIL ACTION LA W MORGAN E. MATTER, MOTHER AND ANDRE MCNEIL OWENS, JR, FATHER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 18, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Suuday, Esq. at 39 West Main Street, Mecbanicsburg, PA 17055 on Wednesday, AUl/ust 23, 2006 , the conciliator, at 10:00 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 pemlanent order, The court hereby directs the parties to furnish any and all existing Protection from Ahuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabi1ites 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 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 ~.h :! ~ ~ '<P- pJ.( 'h ~~~,k "7(1'6/,(" ~-b ~~~.~ ,:?/?-6/0L. ; "', ~ -:,'''i-' O[;,JZ "07 ('.\ bl II.. O~, 'y ,,_ :1C MICHAEL and CYNTHIA DAU Plaintiffs RECEIVED ~UG (4 2006 IN THE COURT OF CO CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-3981 CIVIL ACTION LAW MORGAN MATTER and ANDRE OWENS, JR. Defendants IN CUSTODY ORDER OF COURT AND NOW, this 1. 'i ~~ day of I\\)~O~ t , 2006, consideration of the attached Custody Conciliation Report, it IS ordered and directed as follows: upon 1. The Plaintiff maternal great-uncle and great-aunt, Michael and Cynthia Dau, shall have primary physical and legal custody of Tonia M. Owens, born July 23, 1992. 2. The Mother, Morgan Matter, shall have liberal reasonable partial custody of the Child as arranged by agreement between the Mother and the Plaintiffs. 3. The Plaintiffs shall make a reasonable effort to contact and consult with the Mother prior to making any major non-emergency decisions, including but not limited to, any major medical, religious or educational decisions affecting the Child. 4. The Mother may file a request with the Court at any time to schedule an additional custody conciliation conference to review the custody arrangements with the Mother's participation. BY THE COURT, ,~~ J. cc: ~abeth B. Stone, Esquire - Counsel for Plaintiffs ~organ Matter - Mother ~ ,t)\o IX ~ ,ra- o ~ Q 't5:r, (}::..)- '~\,,-'" (bO p- o- ~~ 'B ~.c:. ~1:t:, , )4. ~ '-?) ~ >~~'?D. .', ~ .::'~ ;.~-\f0 , j)p... ':...::;, "" 6 .- .- :Er ~ ~ ;&. ~ <g:. MICHAEL and CYNTHIA DAU Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-3981 CIVIL ACTION LAW MORGAN MATTER and ANDRE OWENS, Jr. Defendants IN CUSTODY Prior Judge: None 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 IN CUSTODY OF ToniaM. Owens July 23,1992 Maternal Great Uncle and Aunt 2. A custody conciliation conference was held on August 23, 2006, with the following individuals in attendance: The maternal great-uncle and great-aunt, Michael and Cynthia Dau, with their counsel, Elizabeth B. Stone, Esquire. Neither the Mother, Morgan Matter, nor the Father, Andre Owens, Jr., attended the conference or contacted the conciliator. 3. The Plaintiffs' counsel advised that the Mother was served with notice of the conciliation conference by mail at the recent address provided by the Mother. The Father's place of residence is unknown as the Father has had no contact with the Child for at least 10 years. 4. The Plaintiffs are the Child's maternal great-uncle and great-aunt, who have filed this Complaint for Custody in order to obtain medical insurance and school enrollment for the Child. The Plaintiffs represented that the Child has resided with them most recently from September 2005 through the present and previously for years at a time at the request of the Mother. The Mother maintains contact from her residence in Baltimore with the Child through weekly telephone calls. The Plaintiffs stated that the Mother has entrusted them with the care of the Child and they continue to be willing to undertake that responsibility. The Plaintiffs indicated that a Court Order confirming the existing custodial arrangement is required to enroll the Child in school and to obtain medical insurance for her care. The Plaintiffs stated that they would continue to facilitate contact between the Mother and the Child and wish to provide stability for their great-niece while the Mother is unavailable to provide for her care. 5. Based on the representations of the Plaintiffs at the conference, the conciliator recommends an Order in the form as attached confirming the existing custodial arrangements and providing for a review of the arrangements at the Mother's request in the event she wishes to assume care for the Child. f!u?J LO+- .,J:~. ;)00& Date ,~..~L~ Dawn S. Sunday, EsqUIre Custody Conciliator