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HomeMy WebLinkAbout94-01120 ESTHER L. ALLEN, IN THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. CIVIL ACTION - LAW NO. 1/;).0 CIVIL 1994 EDDIE L. AKINS, Defendant CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ----1].....p("(+ "- &,')r 0./ t'<l , the conciliator, at . --l/.1.J,....BoC( ( /J\," ~ . Co. (oWtA ()o')~'n the 'd IS/- day of A fir j / 1994, at q~,:?o /J .m., 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. For the Court, YOU SHOULD TAKE THIS ~u~.~ ~.A.~ r~, ~ 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 ( I"~ .H j'"lT .n " rl!.t: 9 l' ?l I.. :i '9~ ,I ~ " ~;, . . I ESTHER L. ALLEN, plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 1994 v. EDDIE L. AKINS, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Esther L. Allen residing at 1368 Grandview Court, Carlisle, Cumberland county, Pennsylvania 17013. 2. The defendant is Eddie L. Akins, residing at 2512 catalina Drive, orlando, orange county, Florida 32805. 3. plaintiff seeks custody of the following child: ~ Present Residence ~ 10 (9/19/83) Crystal Victoria Akins 2512 Catalina Drive Orlando, Florida The child was born out of wedlock. The child is presently in the custody of Eddie Akins, who resides at 2512 Catalina Drive, orlando, orange county, Florida 32805. During the child's lifetime, she has resided with the following persons and at the following addresses: ~ Address ~ plaintiff, defendant, Daniel Allen (plaintiff's son), Loukisha Akins, (defendant's daughter), Eddie Akins, Jr. (defendant's son), and Crystal 1330 Brooks Street Orlando, Florida 1986-87 Plaintiff, defendant, Daniel Allen (plaintiff's son), Loukisha Akins, (defendant's daughter), Eddie Akins, Jr. (defendant's son), and Crystal Plaintiff, defendant, Daniel Allen (plaintiff's son), Loukisha Akins, (defendant's daughter), Eddie Akins, Jr. (defendant's son), and Crystal Plaintiff, Daniel Allen, and Crystal Defendant and crystal Seabrooks Street 1987-88 Orlando, Florida orange Blossom Trail 1988-90 Orlando, Florida 1368 Grandview Court 1990-2/5/94 Carlisle, PA 2512 Catalina Drive 2/5/94-present Orlando, Florida The mother of the child is Esther Allen, currently residing at 1368 Grandview Court, Carlisle, Pennsylvania. She is divorced. The father of the child is Eddie Akins, currently residing at 2512 Catalina Drive, Orlando, Florida. He is divorced. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: ~ Daniel Allen RelationshiD son 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: ~ RelationshiD Crystal Akins daughter 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. A case involving custody was dismissed by the Ninth Judicial Circuit Court in orange County Florida on or about November 27, 1991. See attached exhibit A incorporated by reference. On or about December 6, 1991, when the child was living with her mother in Cumberland County, a support petition was filed in this county, and a support order was entered on or about January 28, 1992, by this Court in cooperation with the state of Florida. See attached exhibit B incorporated by reference. As of February 9, 1994, the case was still pending. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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 the relief requested because: a. The mother has been the primary caretaker of the child. b. The mother offers a more stable environment than that of the father. c. The child has been adversely affected by the father's actions including the following: snatching the child from her mother's custody where she has been since 1991 and removing her from school mid-semester. d. Since the father took the child on or about February 5, 1994, he has not acted in the children's best interest by denying the mother contact with the child in spite of the mother's repeated requests, and the mother has been denied phone contact with 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, the plaintiff requests this Court to grant custody of the child to the plaintiff. The plaintiff requests any other relief which is just and proper. Respectfully submitted, ~J an Carey ttorney for Pla~ntiff LEGAL SERVICES, INC. a Irvine Row Carlisle, pa 17013 (717) 243-9400 The above-named Plaintiff, Esther L. Allen, verifies that the statements made in the above Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 64904, relating to unsworn falsification to authorities. ;? c.; Date:, - I 0- 7 Y ~/k, dffi-- Es her L. Allen, Plaintiff '. '. ". I ;,......o.::Lo_.- -A ,,1:-;..\'"1:"0- o ,'--- ,'::. - . ...-... ~ , ,.J ,,~ - ,,( 0, .' ~" ,J'",:$. -,- "'l", . . .~ .. ..' . , , " ,.... . -' ""17' n~ , ":'," 2 I' \'11 _' r." I, . j .' L:.' ';~~:'~: . \...,~:~ft,tt.. (,1 . 1t.1; \;, ' . ::,.; " ,. ,,' IN THE CIRCUIT COURT ..',~i:., NINTH JUDICIAL CIRCUIT oRANGE COUNTY, PLORID~'OS .', \ CASE NO.JU~\~.': ; " ....; ...."'..~. .....,~"\! "'~r;", . . ,'t' . ~ , ';:1' IN THE INTEREST OF: ':/!1:':~' , (} III. ' ','.oJ..'..,' ~ '-~ . .' '". ~ ." , . :, '1. ,CH (REN) , , . . ..~~'\. . ..'So' I., ," '.' ,,' 1. , .. " / ~ 'i.:":;~.;"'~... .":", 1._. WHEREAS t dd J'e. ~~ ;, has tillleS a Petition, under oath, in 'jthill Court alleqinq that the above-named childfreR) is;.ave tl 11 ~j...t/dependent within the intent and meaning of Chapter 39, Florida Statutes, and it appearing to the Court that all persons entitled to no~ice of h8arinq have been duly notified thereOf, aneS the said child(ren) having had due examination upon the evidence adduced at the hearing, the court tinds as follows: , That the above-named child(.eera) is/ee child(:aoeft) within the jurisdiction of this court, and that the allegations ot the saieS Petition are not sustained; that the said child~) is/aee not Il.U_"S~.....t/dependent within the intent and meaning of Seotion 39.01, - ,-. Plorida--statut'es,--as"alleged," 'lmd th1fco~rt'lJiv.tmr'thi's' "llIatter .tull .. (' consideration, it is thereupon (, :: , ORDERED AND ADJUDGED as follows:'': It is hereby Ordered that this case Je and the same is dismissed. ~ I ~ DONE AND ORDERED this~dat of~Jfl~\.bf,/'" A.D.,19~. ,~~~ . ~, a;~uit JUdge Copies to: Detense SA \ / DHRS vQ 25-74 ~l?ff,1 .- .....( , \1" . 1:: rh,bd f) ..' ... r- . IN THE INTEREST OF: a child ~fj {oj) OJ~ <,.-,-"~...<,,.., .- r" ( ~ IN THE CIRCUIT COURT NINTH JUDICIAL CIRCUIT ORANGE COUNTY, PIDRIDA JUVENILE DrgjIO~C::: CASE NO. JU - ODIJ. 1 -=> !;: ~ .'" ::- ~ :::;, N N ~ -" CUSTODY ORDBR In the name of the State of Florida, to the Sheriff all Law Enforcement Agencies therein: a a ~/female ld, ate of Birth subject to the jurisdiction of the Ju en ( ) Failed to appear for a hearing. ( ) Failed to cooperate with Counsel. ( ) Ran away from ( ) Alleged to have Violated conditions (~Alleg t ave V 01 ted ond tions (If Other ' ~ WHEREAS ~,' --9 of said County,' and , bel eve to be an age e Law: You are, therefore, commanded to take into custody the above named Child and transport said Child to ~lr.ndo Re~i"R.l T"van~'" na"-R~L_u €8R"8~/e~ea'e SaliS Villag8/DHRS Intake to be produced before the Court to be dealt with according to law. RBTUllJI 'fO ISSUING COURT Vl'OH CHILD'S IIIINETBBHTJI (19TH) BIll'l'JlDAY. Oh.Ud tn b< ~ lAJl R>... 'tfu.r lA.p0Y\ fU& -up I . ~ day Physical Description: Race~sex Parents ~ddJ e a..~.n") injO- '70 lbs. Address 017 fY:U..n.e..ola.. Dr Tt OrF!OI~~; 1~~;::~,;:,~~07('\CV\d D I ..p ( 3 ifrok . trut COr) cr t~f crltinal hltC: ir. thl!. ollter, Ittk at ~":t elf:.:l! CgUrt Phone .: Sehool: Charge(s) :7\. ''\. I + ~~ f'C)f-1 \ ' IlIpu!y Cler_ e.l.d. --/. - d-~ -9 I ~::'u.,.,oI ~ 'fo E~d;.. AI'i"'!>/ (3/90) M-h..n:.I. ~ tluld ~~J ~b ~ 0I~ih:,.- D.h~? r, ~t{\ ,0 , . -, '1 PAGE 01 J CERTIFICATE AND, ORQER II I'lArHf"',l'ffITIONUI o I~ NOH AlIle Dl lV-O AllICIIV.EfOSfUl CAllI ONOHlV-O INITIATING CASIIOOCKIT NO, ESllIER L. AU.m ", DR 19,631 / No. 11 Suppor 1992 ~ISTATE QJnberland / PA OTHEllIlUUI!HCl! NO, 'IU ...... DEFENllAHTlRESPONDENf , EDDIE L. AlCINS RISPONDINO CASI/DOCIln NO. IXlUNTYIlfArI Orange / n. OTHER IlEFEIIEHCE NO. The undcrsigned, Kevin A. Hess Illdsc/Fft#fNJ1lfJ/.(rIor the above named Coun/ AdminislRli\'C Agency. hereby "nlncl U (ollows: I, A petition was filed by the Plalntiff/Petilioncr in Ihis Coun/AdminlllrlllYC AScnc:y in a proceedln, l,alnIt the DeCcndantlRespoIldcal under ~ provisions of the reciprocal suppon SlalUte: _kin, suppon oC the dependeats umed In the Ill\&cbcd petition, 2. Thc Defcndanl/Rapondentls belicved to be residing in your jurisdlc:don at: 2512 Catalina Drive Orlando, Florida 32805 3. In the opinion o( lhc,lII1denlllled Judgc/'fr/>;tY-;; r:;fo/r/t. the eacloscd petition and testimony N' 'OM IICII from whlch It may be determined thllthe Defendant/Respondent owel a dUlY of suppan 10 thl namlcl depel\dellll and that such petitioa should be dealt with ac:c:ordlnglo law, A TRUE COpy FROM RECORD 4. AU paymenls should be made payable to and scntto: In Tl8limony whellof, I hire unlo HI my hind .mJ the 0011 01 Bllld COurt II Ca/111e PA Domestic Relations sectio ~ ' P.O. Box 320 This., d Il 19 q;z. Carlisle, PA 17013 WHEREFORE, Ills ORDERED thalthrcc copies or Ihls Cenlncate. with Ihe petllion, I..dmony, copies of thi, state's ....;p.ucal suppon 1I11Ule, be Iransmlned 10: ,'. ;/1f1 1P ~ , un, Interstate Centrel Registry Florida Department of Health and Rehabilitative Services Olild Support ~forcement 1317 Winewood Boulevard ~ehassee, Florida 32399-0700 AI 4 ................ Fxb'lbf () PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Esther Allen, Plaintiff, to proceed in forma oauoeris. I, Joan Carey, attorney for the party proceeding in forma oauoeris, certify that I believe the party is unable to pay the costs and that I am providin9 free le9al services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~@- ' o n Carey ~ Attorney for Plaint,ff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 EDDIE L. AKINS, Defendant NO, CIVIL 1994 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ESTHER L. ALLEN, Plaintiff AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and coata of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation, 3. I represent that the information below relating to my ability to pay the fees and coets is true and correct. Addrese: Esther L, Allen 1368 Gr8ndv~w Court Carliele.-EA-17013 (a) Name: Social Security Number: 261-90-2328 (b) If you are presently employed, etate Employer: Address: ~f1ce ManftAement ,;lJtQ,~,Ji8dlitA.lt Dr i ve qj\!I!fLlilll, PA 17011 Salary or wages per month: _,_tllOO.OO Type of work: ___QLeOD-Ql.fio..es If you are preeently unemployed, state Date of last emp 1 oyment: ,_....--":ILA Salary or wages per month: Type of work: ____ ."~'....-- "','.,_'",-"","" (c) Other income within the past twelve months Business or profession: 0 Other self-employment: 0 Interest: 0 Dividends: 0 Pension and annuities: 0 Social Security benefits: 0 Support payments: 0 Disability payments: 0 Unemployment compensation and supplemental benefits: 0 Workman's compensation: 0 Public Assistance: $2.430.00/for 6 months crior to emclovment Other: o (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: (e) Property owned Cash: $15.00 Checking Account: $ 0.00 Savings Account: $ 0.00 Certificates of Deposit: 0 Real Estate (including home): N/A r--" ^--~---- "-~"-;-- Motor vehicle: Make Honda Year 1982 Cost S300.00 Amount owed SO.OO Stocks; bonds: o o other: (f) Debts and obligations Mortgage: o Loans: S12.00 SO.OO Rent: Monthly Expenses:Groceries S240.00: Electric S30,OO: Gas for cooking/heating S75.00: Insurance for vehicle S65.00: Gas for vehicle S50.00: TV Cable S40.00: ' TeleQtLone S60.00: Life insurance S48.00: Clothing S50.00: Miscellaneous household exoenses S75.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A Children, if any: Name: Daniel Allen Age: 17 vears Crvstal Akins 10 vears 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made sUbject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: .:2 - I ct - 9',/ ~/~.~ ./f?a:v- E her Allen, Plaintiff -;:r ~ >-,.. ~..- ,"':r: ~ ~ ,~: : T"'t ::c ~- ~ .... -::r ::;. -~) -: = '" " ::.::: " ,. Allen, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . . CUMBERLAND COUNTY, PENNSYLVANIA VS. . . \ CIVIL ACTION - LAW Eddie L. Akins, Defendant NO. 1120 CIVIL 1994 . . CUSTODY AFFIDAVIT OF SERVICE I, Michelle D. Smith , did personally send first by registered mail and then again by ordinary mail a certified copy of the above-captioned Complaint for Custody and Order of Court to the defendant, Eddie Akins, on March 15, 1994 and on April 19, 1994, at 2512 Catalina Drive. Orlando. Florida. 32805. The defendant, Eddie Akins, did not accept service of the above-captioned Complaint for custody and Order of Court when served by certified mail. I verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Date: if /11 /tit! iJlkJult/ @ -6lvd -;:r en - :.-~ oJ< ,_ ..... ~ ~~~:~~ -.>-.'. ,. . ~::... ',., ::c a.. l"- Ilt ,;>') C"') ..;oJ ...;.;.l. .- ~ o:..j 0Cl: ... ;'1AY 16 au J", ESTHER L. ALLEN, PlaintifE : IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1120 - CIVIL - 1994 EDDIE L. AKINS, DeEendant . . . . :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this II.~ day oE ,.,,~, 1994, upon consideration oE the attached Custody Conciliation Report, it is ordered and directed as Eollows: 1. It is directed that the Mother, Esther L. Allen, and the Father, Eddie L. Akins, shall have shared legal custody oE Crystal Victoria Akins, born September 19, 1983. 2. The Mother, Esther L. Allen, shall have primary physical custody oE the minor child. 3. The Father, Eddie L. Akins, shall have temporary custody oE the minor child at such times as agreed upon by the parties. 4. This Order is entered pursuant to the attached Custody Conciliation Report. In light oE the Eact that the Father did not attend the Custody Conciliation Hearing, this Court will entertain any appropriate Petition Eiled by the Father which Petition may request a Hearing on the merits oE the Custody Order and may also raise any issues the Father Eeels are pertinent pertaining to this Court's jurisdiction over the minor child. 5. Mother's counsel is directed to serve a copy oE this Order on the Father by certiEied mail, by regular mail and attempt through the appropriate public oEfices in Orange County, Florida to achieve a personal service oE the Order upon the Father. BY THE COURT, cc: / ,/ -1\ t-. /j. f;k... Judge ,fCevin A. Hess Joan Carey, Esquire .f n. ("14 (\"f-U.., p...kt ,( ~4.... / uLL. t-- :1/,. nAY /7 8 112 ~H 'S~ (',"5 I). . H..;'1~i'AM} f.Ul-:';':"!'l;)''':''':'';''' ''["', " ~: ' '. ',' /. '1' :_~ ..... ESTHER L. ALLEN, PlaintiU :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1120 - CIVIL - 1994 EDDIE L. AKINS, DeEendant . . . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: KEVIN A. HESS CONCILIATION CONFERENCE SUNHARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the Eollowing report: 1. The pertinent information pertaining to the child who is the subject oE this litigation is as Eollows: Crystal Victoria Akins, born September 19, 1983. 2. A Conciliation ConEerence was held on April 28, 1994, with the Eollowing individuals in attendance: The Mother, Esther L. Allen, with her counsel, Joan Carey, Esquire. 3. There was an attempt made to serve the Father with notice oE the Conciliation Hearing. An attempt to make service by certiEied mail was returned as "Unclaimed". PlaintiEE's counsel has Eiled an AEfidavit oE Service indicating that notice oE the Conciliation ConEerence was sent by regular mail on April 19, 1994. 4. This case has a unique procedural history. The parties resided in Florida Erom 1987 through 1990. In 1990, the Mother moved to Carlisle with the minor child and instituted custody proceedings in Cumberland County. At that time, the Father contested jurisdiction in cumberland County and Cumberland County declined to accept jurisdiction. There was then litigation filed in Florida in the nature oE a Dependency Claim at Orange County, Florida Docket No. JU91- 2004. This litigation was dismissed by Order oE November 27, 1991. Mother maintained custody oE the child while the litigation was pending in Florida, and Mother maintained custody oE the child after the litigation in Florida was concluded. The child remained in Mother's custody through February 5, 1994. Father had temporary custody with the minor child Eor the summer months in 1992 and 1993. The Mother instituted a Support Action against Father in December oE 1991. Judge Hess certiEied the support papers Eor reEerral to Florida in January oE 1992. The Father contested paternity and a Hearing was not scheduled in Florida until February 10, 1994. On February 5, 1994, the Father came to Carlisle and took the minor child back to Florida without the permission oE the Mother. On March 9, 1994, the Mother instituted this Custody Petition in order to obtain a Custody Order to have the child returned to her. 5. Based upon the inEormation that was presented to the Conciliator at the ConEerence, it appears that Pennsylvania has jurisdiction over the minor child. The child attended school in the Carlisle Area School District Erom December 1990 through February 1994. The child's contacts with Florida were limited to visiting the Father during the summer. The Mother is not aware oE any pending custody proceedings in Florida. 6. The Father may contest the jurisdictional issue. The Father may also contest whether it is appropriate Eor the child to be in the custody oE the Mother. However, it appears to the Conciliator that the Father is attempting to avoid service of the Pennsylvania proceedings and it appears that the Father did have notice oE the Conciliation ConEerence which took place on April 28, 1994. 7. In light oE the above inEormation, the Conciliator recommends an Order in the Eorm as attached. 5'1'1J1 q '{ ~ 6~~ Hubert X. Gilroy, Esqui e Custody Conciliator ESTHER L. ALLEN Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 1120 CIVIL 1994 EDDIE L. AKINS, Defendant CIVIL ACTION - CUSTODY AFFIDAVIT OF SERVICE I, ~\ hand a certified copy of the Court Order of and the Conciliation Conference Summary Report in the above-captioned case to the defendant, Eddie L. Akins, at 3:/0 1994, at N"'kI c:h-r~rA.1A Z)? ?m. on <:".ho O'~""D-? /-'"L .. ':fZ?C:X- . (add ress ) I verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made sUbject to the penalties of 18 Pa. C.S. 64904 relating to unsworn falsification to authorities. Date: 6/Clh-Y / <?4G .,." ~ . :"~lL> :?a~ , ~.,,;........ ~ ~ >. :.-. V'~ ~ _i ., --. .. -. , ::::- '-:, !.;S '. ..., .. ,