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HomeMy WebLinkAbout94-04059 c ~ .~ ~ I" " ',I' ,I , )' , ,., ',I " I' " . I ~,I I / ' ,I ,i;,',' Q , 'I' , , , " IL'; 1 I ,I 'I" ',: " , 1i', . , " " !' " ) ( I 1 , I r , " \ ;1' " " ;~ , , , . . I' " , , \\ " , ,'io , , ,I " , ,.III0UJO., Oll.III0Y . HOl,JwrclN: ~. Co \ I A~1IY8 A'r .......W .. ."."'TOt ~.....'" lIT,,"" , , _1.1..... ...~Y"'NIA .7OfS "'" ........... -.. BRNBST B. MIXBLL, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I 9{:.~-1 v I 94- CIVIL TERM I DONNA M. STINSON, I CIVIL ACTION - CUSTODY Defendant I ORD Il R AND NOW, this ~(). day of July, 1994, upon consideration of a Complaint for Custody and Request for Interim Order, it is hereby ordered and directed that pending further Order of Court, that the Defendant is directed not to remove the minor child, Jeremy E. Mixell, from the Commonwealth of Pennsylvania. By the Court, J. I'll. '.I I ~ 1111 " JUL ZO 3 03 rH '9~ '\ ~ Ii 1/ ':"f II: f Qf I ill 1'".lllow;ahY r,UMHL Pt, ~'IU l>:' H TY Ft-' NN S 'fl., .,\1,'-' ,,' , ' " ,- BRNBST E. MIXELL, I IN THE COURT OF COMMON PLIAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I 94-/lc')'1 v I CIVIL TERM I DONNA M. STINSON, I Defendant I CIVIL ACTION - CUSTODY ORDIR or COURT AND NOW, thil ''''))II,\day of J"II'f ' 1994, upon condderation of "tli'i;"Attached Complaint, it' s hereby directed that the parties and their respective counsel appear before Samuel L. Andes, ESQUi:i:' I~he Conciliatoj:,. at 525 North l2th Street, Lemoyne, PA, on the ,-:; I day of (' )(.,.~ , 1994, at '3 --L:!...M., for a Custo y Conciliation Conference. At such conference, ""n 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, BYI , Ahl)' I1tJ~ (y/ Custody Concil ator ~;?;I YOU SHOULD TAlCI THIS PAPIR TO YOUR LAKYIR AT OIlCI. IF YOU DO lOT HAVI A LAKYIR OR CAIIIIOT AFrORD OIl, GO TO OR TILIPHOII TII OrrICI 81T rORTH BILOW TO rIID OUT KHIRI YOU CAN OIT LIGAL HILP. OFFICE OF THE COURT ADMINISTRATOR CUMBERr~D COUNTY COURTHOUSE CARLISLE, PA 17013 717 - 240-6200 BRNIi!ST B. MIKELL, . IN THIi! COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . /Io.'i,/ v . 94- CIVIL TIi!RM : DONNA M. STINSON, . Defendant . CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND RlOUBST POR INTBRIM ORDBR AND NOW, comes the Plaintiff, Ernest E. Mixell, by and through his attorneys, Broujos, Gilroy & Houston, P.C., and avers as follows. 1 The Plaintiff is Ernest E. Mixell, an adult individual, currently residing at 407F Beaver Avenue, Enola, Cumberland County, Pennsylvania. 2 The Defendant is Donna M. Stinson, an adult individual, currently residing at 26 East Main Street, ~ewville, Cumberland County, Pennsylvania. 3 Plaintiff seeks custody of the following child: ~ Present Address AsIA 16 DOB. 8/14/77 26 East Main Street Newville, PA 17241 The child was not born out of wedlock. Jeremy E. Mixell The child is presently in the custody of Donna M. Stinson, who resides at 26 East Main Street, Newville, Cumberland County, Pennsylvania. IiAIIll Bddie Stinson Jersmy B. Mixell Relation.hiD Husband Son 6 The 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. 7 Plaintiff has no information of a custody proceeding concerning the ohild pending in a Court of thie Commonwealth. S Plaintiff does not know of a person not a party to the prooeedings who has physioal custody of the child or claims to have custody or visitation rights with respect to the child. 9 Pending further order of court, it is believed and therefore averred that an interim order should be entered by the Court preventing the Defendant from removing the child from the Commonwealth of Pennsylvania becausel A. In approximately 1984, after the Plaintiff and the Defendant had separated, Plaintiff had advised the Defendant that he would be seeking partial custody rights of his children through the Court and shortly thereafter the Defendant left Pennsylvania without notifying the Plaintiff of her whereabouts. B. In 1988, the Plaintiff was advised that the parties then six. year old daughter, Traci Arlene Mixell, died in Georgia, however, the Plaintiff wae never notified by the Defendant of the death nor was the Plaintiff acknowledged as being the father of the child. C. The Plaintiff attempted to ascertain whue the Defendant resided, but wae unsuccessful. D. Approximately one year a90, the Plaintiff learned that the Defendant had returned to this area but had not been so advised by the Defendant. lO The best interest and permanent welfare of the child would be served by granting Plaintiff custody of the child because I A. The Plaintiff could provide a more stable environment for the child, who currently is unsupervised and is doin9 poorly in school. B. The Plaintiff believes and therefore avers that the child is bein9 neglected. 11 Each parent who has parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to the action. WHEREFORE, Plaintiff requests this Court to grant custody of the child. 11,/ ~ I , " ,<." , .;' (il ," 'i' ,', " , , . , ;W~;,"""!'l<'''''WHItl.'''''tq1''''fflil''',lwt!ll"..'''1t'I..,.,.__,ll\t'W-''''''~''''_''II"'I~mc~IIW~''l1fItft~",~1I , Ii JUL ZO 3 10", '9'1 nLEr..oFrlCE tr ~ I, 'j. rnOTllONOUhY CUI'I~~RI.A"O COlJill'f . PEH"SVlV~HIA -I.'-IO.)D ~ 1ILt;:. So dtJ .4.dtu~-' -i-~5. >0 ptA.1 p/' 1!:tUI' I.- /'/' I , ' 1.1t:::; u.:IF 102..2.-2- f2.4t* 13373 I'. \ ~ ~ '-li'r-'.'.".'~'!W"II ~~"."1'~ r', ,.....h. ", )- , " .. " , ,." A " '\ .f , .. .... , .. . " .' .. r " , " -;" " '. I 1') , , _l'tOUJO.. ClIUtO'l'* HOUlITPN. ,.. Co , "'"'""H.V...,....W . NO"," HANDY." .,."..., 1''''''10.1...... ~.NN.YL.v_IA '70'. I"'. .'!",".". .,....... . , BRNBST B. MIXBLL, I IN THE COURT OF COMMON PLBAS OF Plaintiff I CUMBERLAND COUNTY, PBNNSYLVANIA I 'I(";"tj v I 94- CIVIL TBRM I DONNA M. STINSON, I CIVIL ACTION - CUSTODY Defendant I ORDER AND NOW, thiB ){)/Ic day of July, 1994, upon consideration of a Complaint for Custody and Request for Interim Order, it i. hereby ordered and directed that pending further Order of Court, that the Defendant i. directed not to remove the Dlinor child, Jeremy B. Mixell, from the Commonwealth of Pennsylvania. By the Court, h/ /f.lZt,(;~ {,.L. 10;.u... J. ,I .. TRUE COpy FROM RECORD In Testimony WIl6rSOI, I nar6 IInto ~ my hind an. d Ihe seal III :lo11d J~ a~;rll". !j-V lJ\1 II... 4aY 0 Lit. ~19 [, ,. . L 1/, /'Y.tl' a,t,'{ .ti4;ul-q Prot~onotalY BRNBST B. MIXBLL, I IN THB COURT OF COMMON PLBAS OF Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA I // (! /)-9 v I 94- CIVIL TBRM I DONNA M. STINSON, I Defendant I CIVIL ACTION - CUSTODY . ORDIR OF CQlIM AND NOW, thh dJ.nJ day of ,Jl,.l./" , 1994, upon condderation of'tliiilittached Complaint., it h hereby directed that the parties And their respective counsel Appear before Samuel L. Andes, Bsquire, the Conciliator, 41; 525 North 12th Street, Lepyne, PA, on the dO th day of "5q;>+ trn IHI''' , 1994, at 3: llO .M., for a CUB to y Conciliation Conference. At Buch conference, an effort will be made to reBolve the issues in dispute; or if thiB cannot be accomplished, to define and narrow the iSBues 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 conferenoe. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, BYl M) Ja tiHUC A' dNldu, ~. Custoily Conciliator . YOU SIOULD TAKB THIS PAPIR TO YOUR LAttYlIlR AT ORCI. IF YOU DO ROT HAVIll A LAWYIR OR CAHHOT AFFORD om:, 00 TO OR TILaPIO.1Il THI OFFICI SIT FORTH BILON TO FIND OUT KRill.. IOU CAR GIT LIGAL IILP. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA l70l3 717 - 240-6200 TRUE r..Qi-'Y FROM HECOAO InT\l:it!rr.:\....~ "h"H,,~,. li.;;", '.!It;: :J!t my hand ;~~s~~~~~/:j;I.I) ,;i."~.~~'.tl"~9 r~1 ~J..._1JL...ff~._. ..-::-::.z-. -~rot honotary IMIST B. MIXILL, I IN TBB COURT 011' COMMON PLBAS 01' Plaintiff I CUMBIRLAND COUNTY, PINNSYLVANIA I L!{J,f1 v I 94- CIVIL TIRM I DONNA M. STINSON, I Defendant I CIVIL ACTION - CUSTODY COMPLAIII'1' rOR CUSTODY AIID DQUIST rOR INTIRIM ORDIR AND NOW, comes the Plaintiff, Ernest E. Mixell, by and through his attorneys, Broujos, Gilroy' Houston, P.C., and avers as follows. 1 The Plaintiff is Ernest E. Mixell, an adult individual, currently residing at 40711' Beaver Avenue, Enola, Cumberland County; Pennsylvania. 2 The Defendant is Donna M. Stinson, an adult individual, currently residing at 26 East Main Street, Newville, Cumberland County, Pennsylvania. .. 3 Plaintiff seeks custody of the following child I IlAIU Present Address Au 16 DOB. 8/14/77 26 East Main Street Newville, PA 17241 The child was not born out of wedlock. Jeremy E. lolixell The child is presently in the custody of Donna M. Stinson, who resides at 26 East Main Street, Newville, Cumberland County, Pennsylvania. , ' liIIIIa Eddie Stinson Jeremy B. Mixell Relation.hiD Husband Son 6 The 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. 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 hu physical custody of the child or claims to have custody or visitation rights with respect to the child. 9 Pending further order of court, it is believed and therefore averred that an interim order should be entered by the Court preventing the Defendant from removing the child from the Commonwealth of Pennsylvania because: A. In approximately 1984, after the Plaintiff and the Defendant had separated, Plaintiff had advised the Defendant that he would be seeking partial custody rights of his children through the Court and shortly thereafter the Defendant left Pennsylvania without notifying the Plaintiff of her whereabouts. B. In 1988, the Plaintiff was advised that the partie. then .ix- year old daughter, Traci Arlene Mixell, died in Georgia, however, the Plaintiff was never notified by the Defendant of the death nor was the Plaintiff acknowledged as being the father of the child. C. The Plaintiff attempted to ascertain where the Defendant re.ided, but was unsuccessful. D. Approximately one year ago, the Plaintiff learned that the Defendant had returned to this area but had not been so advised by the Defendant. lO The best interest and permanent welfare of the child would be served by granting Plaintiff custody of the child because I A. The Plaintiff could provide a more stable environment for the child, who currently is unsupervised and is doing poorly ill school. B. The Plaintiff believes and therefore avers that the child is being neglected. 11 Each parent who has parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to the action. WHEREFORE, Plaintiff requests this Court to grant custody of the child. 11],:_,) " !,t. " ".,' \/~j) , '. , '1'1' X If' ", ,,~-i ,:,-" ", " 'I .{i ,I' , J: I 'rl " , ' , , ",r' ,.;, " '" " {\' '.1 ,i' ,; i. " " , , 1''1 1,'1 , " :' " r'f, ..iI...."', , I !, . _ . I,,!. - " .' _' " j ~ ' " I. -,' ":"""",~'I,:;"M~~,1f~,,.:ti~W~j~J. ,1\;;~)~;lil'if.\"ji~;~f;~:I"I"'" , I 't ._....___....._I..Ioo<_""""f1IIfI<"",.il<lI'l'f~fI~I"'''1 r,' , , ' I'I'""Joto,.,.....#i"".,_l..h,,-"_~, ,.,'_,...,.".,H'.'_"....aI'M.....~ ~ '. ' , . II.. 1>4~_I:,.."_~"""",--_" OF'r:~. .. ... " " i ,~ ~, (if Jut 21 II 'Li, ' II , , ~~~~\\ I,,' i,I-' " " " " " ., " L...., +_ .' . . " ., , , " " , " " '''<C''';", '_"'''-'''''''-,., .' 1."'.1'1 i'-l'~G.f!'i(;- . ,,\~,'~~. I', ,i, ," ." 'I' . " , ,t.1 'II , Ii,'