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HomeMy WebLinkAbout94-06361 , I \ , , , I , " , " '" I , " , , ,I " " I, , ! , , ,,1 \'1, , \i~ \ .~'~ '\11, 'IH ,I rill ,,11'_1, 't{i- 'I l"!'~,j ,'1,1(1 ";i~" \ ltr'il :,\t~" ". \1 ' ;1\ ',\;;; '1:'-'\' , " "~['I' " '('1'1; 'i']' ,',~ ii, '~1 '\:,,/~ I,'r: , I 'I' l' ,;", i,~,' I .' ';1" ., ,I ;.\_1;1 'Ii) ,'I, I.,', ,~1,:, I:" t ,::' ~ .'1 ..... '\:.' ,t, ""lI", ,'i' , " ~\ " " I: '\ '" , , " .', , , \ ,~\I I \' , .,i\" tf',' II ,~. Ii) frl, " ;OJ' ,.II ", I:,; I i t,;: ;.. ! I \ j \ I i \ , - , \ , " , H: ,,', \. " , , " " ,"\ , \' JACQUELINE V. BROWN, plaintiff I IN THE COURT or COMMON PLIAS or I CUMBERLAND COUNTY, PENNSYLVANIA . . v. I CIVIL ACTION - LAW I I 94- ~ 3 tC I CIVIL TEM : IN CUSTODY RUSSELL H. ANDERSON, Defendant ORDER or COURT AND NOW, (\\011 161 /'1 'Il{ , upon consideration of the attached complaint, it ia hereby directed that the parti.. and their respective coun.el appear before ~\l' bd>d 'f....(".lroy tO~I. ' the conciliator, at Lt r-h f 10.11' C.',,,,, b (0. (.......,th6.\9- on the q t h day of (( b "",f I for a pre-Hearing Cu.tody Conference. 19l.)"at g'-'30 110.m., At .uch conference, an effort will be made to re.olve the is.ues in dispute, or if this cannot be accomplished, to define anCl narrow the i..ue. to be heard by the COU1't, and to enter into a temporary order. All children age five or older may al.o be pre.ent at the conference. Failure to appear at the conference may provide ground. for entry of a temporary or permanent order. FOR THE COURT, By;,'/tl..LJ)'" ..Ad/if/-", CustOdy ConcilIator -rt/;l1/ YOU SHOUloD TAICE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAV. A LAWYER OR CANNOT A~FORD ONE, GO TO OR TELEPHONE THE OFrICE SIT rORTH BILOW TO rIND OUT WHERI YOU CAN GET LEGAL HELP. orrICI or THE COURT ADMINISTRATOR Cuaberland County Courthou.e Fourth Floor Carlisle, fA 17013 (717) 240-6200 N", /6 II IjJ 4/1 '11I ': :.', J~"F/f;J: l. t III ~ '.. I' .. r,V8'LJEh ". ~~ar,l~r "fL', ':,t~" I, .o'hry ,.....J r '"\ '.1 " 11'/t.J9t/ (;'f'~ ~~-:.. dW~ ~ "'.9. I"" ~... ~ -06::~ ),u; v. I IN THE COURT or COMMON PLEAS or I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I 94- CIVIL TERM : IN CUSTODY JACQUELIN! V. BROWN, Plaintiff RUSSELL H. ANDERSON, Defendant COMPLAINT POR CUSTODY 1. Plaintiff ia Jacqueline V. Brown, an adult individual ourrently rea1cUnq at 140 We.t South street, Carliale, Cumberland County, Penneylvania. :2. Defendant i. Russell H. Anderson, an adult individual ourrently residing at 904 South 16th street, Apart.ent A, Harri.burg, Dauphin County, penn.ylvania. 3. The plaintiff is the natural mother of the child, Rayshaun Quincy Andsrson-Brown, born January 6, 1994/ The child wa. not born out of wedlock. since the child's birth, the child has re.ided with the Plaintiff at the above address. The natural mother of the child is Jacqueline V. Brown, who re.ide. a. afore.aid. She i. single. The natural father of the child is Russell H. Ander.on, who ra.ides as aforeeaid. It is further noted, however, that the Defendant haa filed a claim with the Dauphin County DoHstio Relationa Oftice indicating that he is not the father of the child. The marital atatus of the Defendant is unknown to Plaintiff . 4. The relationahip of the Plaintiff to the ohild i. that of nature! .other. The Plaintiff currently reaid.. with the child and her daughter Briana C. Brown. 5. The relat:ionship of the Defendant to the child is t.bat of natural father. The Defendant currently resides with his parents, Helen and Harold Anderson. 6. Plaintiff has not participated as a party or witne.s, or in any other capacity in other litigation, concerning cust:ody of the child. 7. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 8. The best interest and permanent welfare of the child will be .erved by granting the relief requested because the Plaintiff has been the primary custodian of the child since the child's birth. 9. Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to schedule a custody conciliation followed by a hearing, at which time Plaintiff should be granted primary physical custody of her son. Respectfully submitted, GRIFFIE , ASSOCIATES ~ - . Or ffie, Esqu re for Plaintiff 200 rth Hanover street Car isle, Pennsylvania 17013 (717) 243-5551 , ) ,~ " ~E1 1. ,.~ "'" .:'" ~. ~. i1 ~ .. ,. ~f u u, e. ~ \'Xl ., > ~ e. ('() , <,;J - ,':" , ~ l,.) lA ~~ , :)- -," ".J ~ ~' :":,.1 ..' 'IJ!l ;~ I1J ~ " ~ '" >< ~ ~ c ~ 't: ... i I J: I 'J ~I ! ; ~f~g ,:. w ~ , lJ) Q, '8 c > '" ~ ! ~ ' 0 Q, 12 ~ z 11., '" c '" ~ x ~ . r,(J Z I ~ 5 . , > g . UI ~i6 ~ I ..., I- ~ lJ) ~ I . . - t g 3 g Ii ~ ::r: II. '< Z Z . ~ 2 v c iiJ - . 1M g 8 0 ~ ~ ~~ g} &>: .. ,': 1. ", ~ . " . ". NOV J 0 199. Ji,~ .. . v. 1 1 I I 1 1 1 IN THE COUR'l' OF COMMON PLEAS or CUMBERLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW JACQUELINE V. BROWN, Plaintiff RUSSELL H. ANDERSON, Defendant 94-6361 CIVIL TERM ORDBR OF COUR'l' AND NOW, this S~ day of January, 1995, upon coneideration of Plaintiff's Petition for Special Relief Pureuant to Pennsylvania Rules of Civil Procedure No. 1915.13, a hearing on the Petition is SCHEDULED for Monday, April 3, 1995, at 9100 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, ~ennsylvania. PENDING the hearing, primary phyeical cU8tody of Plaintiff'e child, Rayehaun Quincy Andereon-Brown, shall be in Plaintiff, with 8uch periods of temporary partial phyeical cuetody in Defendant as the parties mutually agree upon in writing or ae determined by the Court upon application by Defendant. PLAINTIFF'S couneel ehall cause eervice of a copy of this Order and accompanying Petition to be made upon Defendant. BY 'l'HE COURT, c- t '.. / ~ I {./ . ~OlK J<. J. Bradley L. Griffie, Esq. Attorney for Plaintiff Irc JACQUELINI V. BROWN , I IN TIll COURT or COMMON PLlAS or Plaintiff I CUMBIRLAND COUNTY, PINNSYLVANIA . . vs. . CIVIL ACTION - LAW . I RUSSELL H. ANDIRSON, . 94-6361 CIVIL TIRM . Defendant . IN CUSTODY . ~!~!q. ~. ."C~&L "L!.~ nHDUI'IP '1'0 .....YLftII1:.. RULlI. O. OIVIL .-oc.Dua. ~. llla.1S AND NOW, co.e. Petitioner, Jacqueline V. Brown, by and through her coun.el of record, Bradley L. Griffie, I.quire, and Petition. the Court a. follows: 1. Your Petitioner i. Jacqueline V. Brown, an adult individual and the Plaintiff in the above captioned custody action. 2. Your Reepondent ie Rueeell H. Andereon, an adult individual and the Defendant in the above captioned cu.tody action. 3. The Petitioner is the natural .other of the child, Ray.haun Quincy Ander.on-Brown, born January 6, 1994. 4. Respondent, while d.nying he i. the natural father of the child throu9h paternity proceedinge filed with the Dauphin County Do.e.tic Relations Office, is believed to be the natural father of the child. ~. Respondent ha. reque.ted and been provided with period. of te.porary phy.ical cu.tody with the child .ince the filing of the CU.tody Co.plaint in thi. action on or about NoveJaber 16, 1994. 6. Due to ,the Court oalendar and the conoiliator'. schedule, the Co.plaint for CUstody, whioh was filed on November 16, 1994, cannot be heard until February 9, 1995, well in exces. of the 30 day ti.e period in whioh these .atter. are to be heard before the oonoiliator. 7. Petitioner recently pel'llitted the Respondent to have a period of physioal oustody with the child, whioh was to begin on Friday evening, Deceaber 30, 1994. 8. The Respondent failed to piok the ohild up at 7100 p... on Friday, Deceaber 30, 1994. 9. While the child was with a relative oaretaker that night, the Respondent calle to the hOlle of the oaretaker and relloved the child. 10. The Petitioner expected the return of the child on Saturday, December 31, 1994. 11. When the ohild was not returned as expeoted, Petitioner .ade contact with Respondent's fallily on January 1, 1995 to seoure the return of the child. 12. upon going t,o what i. believed to be the Respondent' s re8idence at 904 South 16th Street, Apartment A, Harrisburg, Dauphin County, Pennsylvania, to seoure physical oustody of the child on January 1, 1995, the Petitioner found that neither the Respondent nor the ohild were at that residence. 13. Upon reque.tinlJ that the child be returned to her, . relative of the Re.pondent contacted the Respondent and had hi. co.e to the residence at 904 South 16th Street, Apart.ent A, HarrisburlJ, Dauphin County, Pennsylvania. 14 . At that tiae, the Respondent indicated he was not returninq the child to the Petitioner and would not be returninq the child to the Petitioner under any circumstances. 15. Thereafter, the Respondent physically assaulted the Petitioner and a criainal complaint and warrant have been filed aqainst the Respondent due to his as.ault of the Petitioner at that time. 16. The whereabouts of the child are pres.ntly unknown, but the child is believed to be under the control of the Respondent or hi. relatives or friends. 17. Despi te requests of the Harr isburq Pol ice Department, who has jurisdiction of the assault aatter, the Harrisburq police Department has failed and refused to ass1at the Petitioner in securinq physical custody of her child unless she has a "Court Order" indicatinq she has primary physical custody of the child. 18. The Petitioner has been and continues to be the pri..ry custodian of the child since the child's birth with the Respondent havinq interaittent contact with the child. 19. As indicated previously, the Re.pondent has indicated throuqh docu.ents filed vi th the Dauphin County Do.esUc Relations Offioe that he, in fact, 1a not the father of the child. 20. A copy of the Complaint for CUstody filed by the Petitioner 18 attached hereto and incorporated herein by reference a. Ixhibit "A". 21. The Re.pondent has been .erved with a copy of the afore.aid Complaint for custody by executing certified mail .erved upon him at 904 South 16th street, Apartment A, Harri.burg, Pennsylvania, on December 2, 1994. 22. Along with the aforesaid certified _il .ervice was corre.pondence froll coun.el from P.titioner reque.ting that the Respondent or his coun.el contact counsel for the Petitioner .0 that this matter might be re.olved prior to the cu.tody conciliation. 2:) . The whereabouts of the child, a. well.. the chil<S' s physical .tate, are not known to the Petitioner. 24. The Re.pondent continue. to hide froll the Harrisburg Police Department, to the best of Petitioner'. knowledge, and continue. to hide the child from the Harri.burg Police Department and the Petitioner. 25. ..ergency relief is nece..ary in this matter due to all of the .forementioned fact.. 26. The Re.pondent i. not known to have legal coun.el. WHIRlrORI, Petitioner reque.t. your Honorable Court to enter an Order providing her with pri_ry phy.ioal cu.tody of her child, Rayshaun Quincy Anderson-Brown, and further orderinCJ and dir.c~ing that the R..pond.nt .hall not have contact with the abild un~il furth.r Ord.r of Court or written A9r...ent with the und.r.tanding that the R..pond.nt .ay file a furth.r Petition with the Court. R..p.ctfully .ub.it~.d, GRIPPII , ASSOCIATIS r. I verify that the .tat..ent. .ade in the for.going docua.nt ar. true and co~r.c~. I under.tand that fals. .tat...nt. her.in ar. aade .ubj.ct to the p.nalti.. of 18 Pa.e.S. S.ction 4904, relating to uft.worn fal.ifica~ion to authoriti... DATIl 1)/ ~ lJ3 95 JACQUELINE V. BROWN, Plaintiff IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 94- (.,3~ I IN CUSTODY RUSSELL H. ANDERSON, Defendant CIVIL TERM ORDER OP COURT AND NOW, '71<'t-' 1(." 1f~!I , upon consideration of the attached complaint, it is hereby directed that the partie. and their respective counsel appear before ~x~~ t1t~ ~' , the conciliator, at Jj'14 ~ ~ t?i/I. day of ~/v<a; tor a Pre-Hearinq CUstody Conference. the 1995' at 1?:Jc, &t .11I., At such conference, an effort will be made to resolve the issues in dispute: or it this caMot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All chila:en age five or olaer may also be present at the conference. .-,... ::.. Failure to appear at the conference may provide grounds for entty of a temporary or permanent order. FOR THE COURT, ~-:"..I -::.. YOU SHOULD TAXE THIS PAPER TO YOU'R LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET rORTH BELOW TO rIND OUT WHERE YOU CAN GE'l' LEGAL HELP. OFrICE or THE COURT ADMINISTRATOR Cumberland county Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 Exhibit "A" on v. IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94- CIVIL TERM IN CUSTODY JACQUELINE V. BROWN, Plaintiff RUSSELL H. ANDERSON, Defendant COMPLAINT POR CUS~DY 1. Plaintiff is Jacqueline V. Brown, an aeSult ineSividual currently residinq at 140 West South Street, Carlisle, CUaberland County, Pennsylvania. 2. Defendant is Russell H. Anderson, an aeSult individual currently residinq at 904 South 16th Street, Apartment A, Harrisburq, Dauphin County, Pennsylvania. 3. The Plaintiff is the natural mother of the child, Rayshaun Quincy Anderson-Brown, born January 6, 1994; The child was not born out of wedlock. Since the child's birth, the child has resided with the Plaintiff at the above address. The natural mother of the child is Jacqueline V. Brown, who resides as aforesaid. She is single. The natural father of the child is Russell H. Anderson, who resides as aforesaid. It is further noted, however, that the Defendant has filed a claim with the Dauphin County Domestic Relations Office indicating that he is not the father of the chileS. The marital status of the Defendant is unlcnown to Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resieSes with the Child and her dauqhter Briana C. Brown. 5. The relationship of the Defendant to the child is that of natural father. The Defendant currently resides with hi. parent., Helen and Harold Anderson. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerninq custody of the child. 7. Plaintiff haa no information of a custody proce.dinq concerninq the child pendinq in any Court of thia Commonwealth. 8. The beat interest and permanent we! fare of the child will be .erved by grantinq the relief requested because the Plaintiff has been the primary custodian of the child aince the child' a birth. 9. Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation riqhts with respect to the child. WHEREFORE, Plaintiff requests your Il'onorable Court to schedule a custody conciliation followed by a hearinq, at which time Plaintiff should be granted primary physical custody of her son. Respectfully submitted, GRIFFIE , ASSOCIATES . . , .' .. I VDIrY THAT THE STATEMENTS MADE IN THE FOREGOING COMPLAIHT AU TRUE AND CORRECT. I UNDERSTAND THAT FALSI STA't&iftUfTS HERlIN MADE AU SUBJECT TO THE PENALTIES OF 18 PA.e.S. SECTION 4!J04 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: / 1- () '(- 91 'I ' lPR 3 8 1& ~ '95 " ! \ ';, t,'~ tC~ ()f f II. 'I~C'I;', l ,,~) ~,UI"I',{ 'I /,hO I,I! ';In r~' No 14 '; Yl_ 'i j\ i.\ " " " " HOWW. C WlTTI JAMl) .. IV^,...~ ~:>N~ T MOOI.I C:HAALU I ZYALL Y PlTlk J UULU. LLOYD" "1l~N '''AIC A. HONI! JAMll ^ UL~ DM..JIIL L 3lJLLlVAJ'4 HI.,...N 0 ~NYD1.. (,H'UnO'H... ( <.:lJNNII. n ". I "OGu.~ ANDI..." H. DOWL/NG MICHAl!. 0 1.110 HB......B. BVANH . WOODHIDB ..cnu 1 HAYNES III 'AULA J I.IICHT C'uV J Hl..lM DA\lID ^ nr l..\IMON!I GUY, .IWIVINrANlJ MKUAIL D P1PA KAUH "". CONNILL Y 1.0lYN J KATZMAN JAYSON.. WOlfGANG AND...'. J ~TkOW'~1 II.IZAllTH M CALCAGNO lMIL Y L HOffMAN toMTnllW ^ CO~INl^ It. raOrKHNIONAL I'OMI>QItATtON ATTORN)IIYH AT l..,\W 30601 NOH.TH VNONT HTHlalllT P.O. nox ~UtW IIAHHUlUUIIO. Pit. 17110.0DM unalD kO.... r I WOOD3IDI TlLlPHONI (lln:lJil.!)oo() PAX l1Ina.H.ltl6 IIUNO 2J.,8alSOO& March 29, 1995 The Honorable 1. Wesley Oter, Jr. Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 RE: Jacquell"e V. Brow" v. Russell H. A"denoll No. 94-6J61 Dear Judge Oler: I represent Defendant Rus~1I H. Anderson in the above maller, in which Your Honor hu s;:heduled a hearing on Plaintitrs Petition for Special Relief for Monday, April 3, I99S at 9:00 a,m. Per my telephone conversation with your secretary of March 27, 1995, I am requesting an indefinite continuance of that hearing, My client is presently undergoing paternity testing through the Dauphin County Domestic Relations Depanment, and the results of those tests have not yet been received. Until the paternity test results have been received, we do not believe there is any reason to go forward with the hearing scheduled for April 3. Attorney Brad Griffie, who represents Plaintiff Jacqueline V. Brown, indicated to me in a letter dated March 20, 1995, that he does not oppose this request for a continuance, A copy of Mr. Griffie's March 20 letter is attached hereto for your reference, JRW/ec Enclosure ee: Bradley L. Griffie, Esquire Mr, Russell L. Anderson , i I' t ~; I! , 26442 I Please notifY me ifthere is any problem with this request for a continuance, 6MR ~ I t}qfij .' GRIFFIE & ASSOCIATES ATTORNIYUND COUNSELORS AT LAW REC'O MAR 2 2 1995 200 Noomo ~~ 11M.. c......., PA 17013 (7m 243.5651 1(100) 347-11152 FAX 71H4~1lOI3 IhNY L. o.w.. l'No H, HNT lIIIoocw A, IT, C_ a....- J, V_' "'_~c, 0.- T_ L, lI_ lICIM. Aael.._ C__ TOUIT IlulUltNo ....307, 14 Noom< MAiN S...... C_....... P4 17201 (7m 217.13110 -- ...... J, ao.- o.a ~ March 20, 1995 AI"'-. "''' c:......, '..~,. IlManCI . ....". Jayson R. Wolfganq, Esquire Mette, Evans , Woodside P.O. Box 5950 Harrisburg, PA 17110-0950 RE: Brown Vs. Anderson No. 94-6361 (Custody) CUmberland County Dear Mr. wolfgang: As you are aware, there is a hearinq scheduled for Monday, April 3, 1995 at 9:00 a.m. relative to the Petition for Special Relief I filed in the above captioned action. The Order, entered on January 5, 1995, provided that pendinq the hearinq on this matter, primary physical custody of the child, Rayshaun, will be with my client, Jacqumline V. Brown. Unless circumstances have changed through the finalization of the paternity proceedings, it is my understandinq that Mr. Anderson 18 not qoing to pursue any type of action on April 3, just as he did not pursue the custody conciliation previously scheduled for February 6, 1995. Based upon all of this, I respectful,ly request that you prepare a Petition to continue the hearing scheduled for April 3, 1995 reflectinq the fact that you will be representinq Mr. Anderson and, further, reflectinq the fact that you do not wish to have any action taken until such time as paternity is resolved. We obviously will not oppose such an action. So that we do not come into a last minute conflict reqardinq this matter, please contact me promptly and advise me of your client's position so that we or you can proceed accordinqly. Very truly yours, , ASSOCIATES rHUe , BLO/rj'il CCI Jacqueline V. Brown - Y L.