HomeMy WebLinkAbout95-01254
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CALVIN L. BROWN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
.
.
:NO. 1254 - CIVIL - 1995
.
.
EVELYN D. BROWN,
Defendant
.
.
:CIVIL ACTION - CUSTODY
~
AND NOW, this ~ day of
of the attached Custody
directed as follows:
, 1995, upon consideration
on Report, it is ordered and
1. The Mother, Evelyn D. Brown, and the Father, Calvin L.
Brown, shall enjoy shared legal custody of Calvin L. Brown,
Jr., born September 4, 1989 and Maurice T. Brown, born
August 16, 1990.
2. The Mother shall enjoy primary physical custody of the two
minor children.
3. The Father shall enjoy temporary physical custody of the
minor children as follows:
A. During the sununer months from one week after the
minor children are reloased from school until one
week before the children are scheduled to return
to school. For the sununer of 1995 and in light of
the fact that the children are not currently in
school, the Father's period of temporary custody
shall conunence on May 20, 1995.
B. On the Christmas Holidays, the partios shall alternate
Christmas. Father's time on Christmas shall start the
day after the children are released from school with
the Father returning the children to the Mother the day
before they are scheduled to return to school. Mother
shall have custody during the Christmas Holiday of 1995,
with Father's time on Christmas to start in 1996.
C. When Father is in Florida and Father gives Mother at
least 14 days written notice of his intention to go
to Florida, Father may exercise custody with the
children in Florida at those times.
4. The non-custodial parent shall be afforded reasonable
telephone contact with the minor children.
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5. This Order is entered pursuant to an agreement reached by the
parties at a Custody Conciliation Conference. In the event
either party desires to modify this Order, that party may
petition the Court to have the case again scheduled before
the Custody Conciliator for a Conference.
BY THE COURT,
co:
Joan Carey, Esquire ~l ~/3/9S.
Evelyn D. Brown- c..-J'..'...
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CALVIN L. BROWN,
plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
.
.
:NO. 1254 - CIVIL - 1995
EVELYN D. BROWN,
Defendant
.
.
.
.
:CIVIL ACTION - CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information pertaining to the children who are
the subject of this litigation is as follows:
Calvin L. Brown, Jr., born September 4, 1989, and Maurice T.
Brown, born August 16, 1990.
2. A Conciliation Conference was held on March 24, 1995, with
the following individuals in attendance:
The Father, Calvin L. Brown, with his counsel, Joan Carey,
Esquire, of Legal Services and the Mother, Evelyn D. Brown,
who appeared without counsel.
3. The parties agreed to the entry of an Order in the form as
attached.
'3/?-7/ QJ'
DATE
a!i-
Hubert X. Gilroy,
Custody Conciliat r
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CALVIN L. BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-Ic}$ll CIVIL TERM
v.
EVELYN BROWN,
Defendant
ORDER OF COURT
AND NOW, upon consideration of the attached complaint, it is
hereby directed that the parties and their respective counsel
appear before -Ll-z,...JJc.r-r t - C"7:\ (Dj {::r, , the conciliator, at
L(t" f'lw ( \;'(lJ)(u.(altfl,,~~ the ~l/l/'day of jVl'\rc4
1995, at.d 0',30 I).m., for a Pre-Hearing custody Conference.
Furthermo~~the defend~;is ordered to b~ the c~dren,
Calvin BroJn~r. and Mau~rown, to that~ere~ 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.
By the Court,
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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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
HAR 10 II t)~ ~1I'95
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CALVIN L. BROWN,
Plaintiff
v.
EVELYN BROWN,
Defendant
..'\
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-
CIVIL TERM
COMPLAINT FOR CUSTODY
1. The plaintiff is Calvin L. Brown, residing at 40 North
Penn street, Shippensburg, Cumberland county, Pennsylvania 17257.
2. The defendant is Evelyn Brown, residing at P.O. Box
3117, Arcadia, Florida 33821.
3. The plaintiff seeks custody of the fOllowing children:
Name
Calvin Brown, Jr.
Present Residence Age
P.O. Box 3117 5
Arcadia, Florida 33821
4
P.O. Box 3117
Arcadia, Florida, 33821
The children were not born out of wedlock.
Maurice Brown
The children are presently in the custody of Evelyn Brown,
who resides at P.O. Box 3117, Arcadia, Florida 33821.
During the children's lifetime, they have resided with the
following persons and at the following addresses:
Name
Plaintiff, Defendant,
and Sherrianna Nicklow
(Defendant's child)
Defendant and
Sherrianna Nicklow
Defendant, Gloria
Cutts (Plaintiff's
mother), and Sherrianna
Nicklow
Plaintiff, Defendant,
Gloria cutts, and
Sherrianna Nicklow
Address
P.O. Box 3117
Arcadia, FL
Date,
9/89 - 11/89
P.O. Box 3117
Arcadia, FL
Chambersburg, PA
11/89 - 2/94
2/94 - 10/94
40 North Penn Street
Shippensburg, PA
10/94 - 1/29/95
, .
P.O. Box 3117
Arcadia, FL
1/29/95 - present
Defendant, Elmer
wilson (Defendant's
mother), and Sherrianna
Nicklow
The mother of the child is Evelyn Brown, currently residing
at P.O. Box 3117, Arcadia, Florida 33821.
She is married.
The father of the child is Calvin L. Brown, currently
residing at 40 North Penn street, Shippensburg, Pennsylvania
17257.
He is married.
4. The relationship of plaintiff to the child is that of
father.
The plaintiff currently is residing with his mother, Gloria
Cutts.
5. The relationship of defendant to the child is that of
mother.
The defendant currently resides with the following persons:
Name
Sherrianna Nicklow
Relationship
Defendant's daughter
Defendant's mother
Elmer Wilson
6. The plaintiff has not participated as a party or
witness, or in another capacity, in other litigation concerning
the custody of the children in this or another court.
7. The plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth.
8. The plaintiff does not know of a person not a party to
the proceedings who has physical custody of the children or
claims to have custody or visitation rights with respect to the
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children.
9. The best interest and permanent welfare of the children
will be served by granting the relief requested because the
plaintiff has established a close relationship with his children
and can continue to provide for their physical and emotional
needs. The defendant has not acted in the children's best
interests by removing them from pennsylvania and taking them to
Florida, thus denying the plaintiff reasonable access and quality
time with his children.
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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
physical custody of the children to the plaintiff.
The plaintiff further requests that the children be brought
to the conciliation conference.
The plaintiff requests any other relief which is just' and
proper.
Respectfully submitted,
~~JQ~e
/ oan Carey .
( Attorney for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
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The above-named plaintiff, calvin L. Brown, verifies that
the statements made in the above Complaint are true and correct.
plaintiff understands that false
subject to the penalties
statements herein are made
),
s./ relating to
,
Date:
to
unsworn
. Brown, plaintiff
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CALVIN L. BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95- N^~V CIVIL TERM
v.
EVELYN BROWN,
Defendant
PRAECIEF. TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, CALVIN L. BROWN, Plaintiff, to proceed in
forma Q.!!!lperis.
I, Joan Carey, attorney for the party proceeding in forma
pauperis, certify that I believe the party is unable to pay the
costs and that I am providing free legal services to the party.
Ths party's affidavit showing inability to pay the costs of
litigation is att~ched hereto.
fl..->t/ LLJ
~arey
Attorney for Plai iff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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CALVIN L. BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
II
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CUMBERLAND COUNTY. PENNSYLVANIA
v.
NO. 95-
CIVIL TERM
EVELYN BROWN.
Defendant
~IOAVIT IN SUPPORT OF PETITION
FOR t,JiAVE-I9~OCEEP IN FORMA PAUPERI~
1. I am the plaintiff in the above matter and because of my
financial condition am unable to pay the fees and costs 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 costs is true and correct,
(al Name:
Calvin L. Brown
Address: 40 N. Penn Street
~p~~nsburQ. PA 17257
Social Sscurity Number: ~-57-0553
(bl If you are presently employed, state
Employer: ShiQQensbur~niversity
Address: ~iQQ!ill?b4Lg.~.-JJ2Ji.7
Sa 1 ary or wages per mont h: _$J.~J~_._Q-O-
Type of work: _~_Q_Q.K.
If you are presently unemployed. state
Oat e of I ast employment: ....-.N/..A_.__._____.
Salary or wages per month: _~!/_A...__.._._...__
.
Type of work: __~/~______
(cl Other income within the past twelve months
Business or profession: $1040/mo.
Other self-employment: N/A
Interest: N/A
Dividends: _~A
Pension and annuities: ~LA
Social Security benefits: N/A
Support payment s: ,J:UA
Disability payments: N/A
Unemployment compensation and
supplemental benefits: N/A
Workman's compensation: --MLh
Public Assistance: --NLA
Other: N/A
(d) Other contributions to household support
(Wife)(Husband) Name: N/A
If your (husband) (wife) is employed, state
Employer: _Jl/A
Salary or wages per month: _MIA
Type of work: --MLA
Contributions from children: -H/.A
(e) Property owned
Cash: _.1lQfie_________ --,.-..---------
Check i ng Account: ___.!!Q!1e_.____..___._
Savings Account:_ $~"OO... _.____._______.
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Certificates of Deposit: _]Q!Le
Real Estate (including home): None
Motor vehicle: Make _Oldsmobile
Year
1989
Cost J5,OOO.00
Amount owed_$.4000.00
Stocks; bonds: None
Other: None
(f) Dsbts and obligations
Mortgage: Jo.ne
Rent:
$335.00
Loans: _~ftr - $30Qjmo.
Monthly Expenses:~ctric - $~O,OO, Telephone - $60,00
_Cable~$50.00~~oceries - $200.00. clothing - $12,00
-Bas _ $60.QQ~ insuranc~-=~70.00. support - $202.00____
(g) Persons dependent upon you for support
(Wife) (Husband) Name: None
Children. if any:
Name: Maurice Brown Age: 4 Yrs.
Calvin Brown. Jr . Age: 5 yrs.
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 stntements herein are
Date:
;5. 4904, relatin9 to
made subject to the psnalties of 18
unsworn falsification to
Plaintff
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CALVIN L. BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
: NO. 95-1254 CIVIL TERM
EVELYN BROWN,
Defendant
CERTIFICATE OF SERVICE
I hereby certify that I am this 14th day of March, 1995,
serving a true copy of the complaint for Custody upon the person
and in the manner indicated below:
Service by certified Mail, Return Receipt Requested,
Restricted Delivery
addressed as follows:
Evelyn Brown
P.O. Box 3117
Arcadia, FL 33821
Date
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qoan Carey
(Attorney for pla tiff
Legal Services, Inc.
8 Irvine Row
Carlisle, pa 17013
(717) 243-9400
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