Loading...
HomeMy WebLinkAbout95-02504 ;f /... Q 7 - , -J 4 '- ~ , I I / ",/'" ~ ' F Jl I I :t o I{) ns . o Z <~ ii~ i~~~1 il~~~ d~ IH IH ,,. ,'-' ~~ . ~ +J ~ !~ I 5 !1 ~ ~ I .-l I II ,. d j; I II !: , t.l ~ , I: I: :1 Ii Ii II k' ~'J E ~ }, t~ F .,. , ,;, , 'If '"ii <= ~ " . ' .5 ti p,! 'II t ~. E a ~ r ~ ,0.5 ~ i: :;i N :: _ 1 J;!i r::. ..; :;.E ~. g E-< --~ _._----~- --~-----_._- _____T_.. .._ __ ____~_~_ . ~'., ~~~~- ~...!~'f,-~,~,,~-" u~~'_-'" _._ __-.- -.- _ _~ - " ~ '.. "'" ":> 'i G- ~ '3 ~ , .~ 1/ " R .. (,I':STEIl 1':. NOIlTII, plaintiff IN '1'111': COUIl'1' 01' CGlMON PI,I':AS 01' CUMllEIU,ANll COUN'I'Y, PI':NNSYLVANIA vs. NO. 95-2504 CJVIL 'l'EllM 'l'INA M. NOR'rII, Defendant CIVIl, AC'I'ION IN CUS'I'OIlY PIlIOIl JUllGE:: J. Hesley olel:", ,)1:". Clli:I'l'OllY CXH::ILIATICI\1 SLI"IWlY REPmT IN AaDUlI\NCE WI'l11 <n1UmLlIND anfl'Y RULE OF CIVIL PROCEOORE 1915.3-8, the undel:"slgned Custody Conciliatol:" submits the following report: 1. 'l'he pertinent information pertaining to the Child who Is the subject of this litigation is as follows: NAME: BIRTIIDA'l'E: CURHE:NTLY IN CUSTODY OF Ashley Marie NOl:"th December 8, 19BB Fathel:"/Plalntiff 2. A Conciliation Conference was held on July 12, 1995, with the following Individuals in attendance: The Father, Lester E. North, with his counsel, Christopher C. Houston, Esquire. The Mother, Tina M. NOl:"th, did not appear at the Conference. The Father I s counsel aovised the Concil iator that the Mother was served with Notice of the Conciliation Conference by the sheriff's office and the Sheriffls I:"eturn was previously filed with the Court. 3. This Court issued a Temporal:"Y custody Ol:"del:" on June 27, 1995 after a Ilearing on the Fatherls Petition for Special Relief. The Order provides for shared legal custody of the Child and primary physical custody In the Father. 4. The Fatherls position on custody is as follows: Accol:"ding to the Father I the Mothel:" removed the Child from the marital residence nine times from 1990 through 1995. Most recently, the Mothel:" removed the Child and her half-sister from the parties' residence without notice to the Father and with the intention of pl:"eventing contact between the Father and Child. The Fathel:" stated that after engaging the servicea of a private Investigator, he was able to determine tho whel:"eabouts of the ~lother and the Child, who had been staying at the I:"esldence of the Mothel:"'s slstel:" in Gl:"eenvllle. 'l'ennessee. The rather believes it Is detrimental fOI:" the Child to be constantly moved from location to location and, In the most recent Instance, taken out of school priOI:" to termination of the school year. The Father I:"egalned physical custody of the child thl:"ough enforcement of this COUl:"t's Ol:"del:" dated .June 27, 1995. 'l'he ratllel:" indicated that the Child LESTER E. NORTII, Plaintiff IN THl~ COUR'l' OF COMMON PLEAS OF CUMllEIlLAND COUN'l'Y, PI~NNSYLVANIA CIVIl, ACTION - I,AW v. TINA M. NOIlTII, Defendant NO. 95-2504 CIVIL TERM ORDER OF COURT AND NOW, this \lilt day of May, 1995, upon consideration of Plainliff'B Complaint for Custody and Petilion for Speoial Relief, a hearing is SCIIEDULED for Monday, June 19, 1995, at 1130 p.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY Till! COURT, /'1 Ji Christophsr C. IIouBton, Esq. 4 North Hanover Street Carlisle, Pa 17013 Attorney for Plaintiff Iro , BAOtJJ08. OILAOY .. HOU8TON. p, 0,' ATTO..N& V. ...,. LAW 4 NO"''''' 14ANoIIIU' .'"llIlT CA"UaL.", ...NN.VL.VANIA .101. IttJl ........,.. ,....'..0 . MAY 1 0 1995~ , It . . LESTER E. NORTH, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMnER~ND COUNTY, PENNSYLVANIA v 95- J ',J'J CIVIL TERM TINA M. NORTIl, CIVIL ACTION - I.AW DBfendant IN CUSTODY ORDER OF COURT AND NOW, thie lel" day of )V)"'l. , 19 q~ , upon conBideration of the attached Complaint, 1t ie hereby directed that the partiee and their reepective couneel appear before Belllu..l-&. 0....,) \~dy \'1 l.;",..n>I.And_, EeqU~Il' the Conciliatpr, at ~ert,h l:;!t-h-6lJ.reet,-t","uyne', ( .., PA, on the ,I h day of J ,\I" , 19 r,." at I P.M., for a Pre-Hear ng Cuetody Conference. At suc~e~, an effort will be made to reeolve the ieeuee in diBputel or if thiB cannot be accompliehed, to define and narrow the ieBuee to be heard by the court, and to enter into a temporary order. All children age five or older may alBO be preBent at the conference. Failure to appear at the conference may provide groundB for entry of a temporary or permanent order. FOR THE COURT, BYI '''''/ /) Y.J Cuetody Cone ato~ /" .,., , -W/'( The Court of Common pleae of Cumberland County ie required by law to complr with the Americane with DiBabilitiee Act of 1990. For informat on about acceeeible facilitieB and reaBonable accommodatione available to dieabled individuale having bueineee before the court, pleaee contact our office. All arrangemente muet be mae at leBt 72 hourB prior to any hearing or bueineee before the court. You muet attend the echeduled conference or hearing. IOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR TILIPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OET LEOAL HELP. OFFICE OF TilE COURT ADMINISTRATOR COURTIlOUSE, 4TH FLOOR CARLISLE, pA 17013 717 - 240-6200 LESTER E. NORTH, I IN THE COURT OF COMMON PI.EAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I 95- ,) \ ,J 'I CIVIL TERM I TINA M. NORTH, I CIVIL AC'rION - LAW Defendant I I III CUSTODY COMPLAINT FOR CUSTODY AND PITITION FOR SPICIAL RILl IF AND NOW, comeB the Plaintiff, Lester E. North, by and through hiB attorneys, BroujoB, Gilroy" 1I0uston, P.C., who averB aB folloWBI I The Plaintiff iB Lester E. North, an adult individual, currently residing at 38 Vine Street, Newville, cumberland County, Pennsylvania. 2 The Defendant iB Tina M. North, an adult individual, whose current whereabouts are unknown. 3 Plaintiff seekB cUBtody of the following childl IiAJJul Present ReBidenc8 &lJl Aehley Marie North Unknown DOB 12/BIIII The child was born out of wedlock. It ie believed that the child is presently in the custody of Tina M. North, whose current whereabouts are unknown. Since birth, the child has reBided with the following perBons and at the fOllowing addreBBeBI PersonB LeBter E. North, Tina M. North, Jyllian N. Logan Tracy Jeffries, Tina M. North, JOBeph JeffrieB, Jyllian N. Logan, and 2 Other Minor children Lester E. North, Tina M. North, Jyllian N. Logan Tina M. North LeBter E. North, Tina M. North, Jyllian N. Logan Tina M. North Lester E. North, Tina M. North, Jyllian N. Logan Tina M. North, Berwyn Logan, Steve Logan Lester E. North, Tina M. North, Jyllian N. Logan Tina M. North, Jyllian N. Logan Lester E. North, Tina M. North, Jyllian N. Logan Addresses 30 Vine Street Newville, pA Dates ] 2/0/08 to Approx.5/90 MechanicBburg, PA Awrox. 5/90 to Approx. 7/90 38 Vine Street NeWVille, PA Awrox. 7/90 to 1/91 Gettysburg, PA 38 Vins Street NeWville, PA Awrox. 1/91 Awrax. 1/91 to Approx. 3/91 Awrax. 3/91 Awrax. 3/91 to Approx. 2/92 Awrax. 2/92 Harrisburg, PA 38 Vins Street NeWVille, PA 309 Sixth Street New CUmberland, PA 38 Vine Street Newville, FA Awrox. 2/92 to Approx. 7/92 7/92 Unknown 38 Vine Street Newville, PA Awrox. 7/92 to Approx. 9/92 Persons AddrBBBes Oatss Tina M. North, peggr Bryner, Rona d Bryner, Jy11ian N. Logan, Pat Logan Conne11svi11e, PA l\pprax. 9/92 LeBter Il. North, Tina M. North, Jy11ian N. Logan Tina M. North, Tracy JeffrieB, JOBeph Jeffries, 2 Minor Children 38 Vine Street Newville, PA l\pprax. 9/92 to Approx. 2/93 1Ipprax. 2/93 to Approx. 6/93 Tennesses Lester Il. North, Tina M. North, Jy11ian N. Logan Tina M. North, peggr Bryner, Rona d Brynsr, Jy11ian N. Logan, Pat Logan 38 Vine Street Newville, PA 1Ipprax. 6/93 to Approx. 12/93 Conne11Bvi11e, PA Approx. 12/93 Lester B. North, Tina M. North, Jy11ian N. Logan It is bB1ieved that Ashley M. North is residing with Jy11ian M. Logan and Tina M. North 38 Vine Street Newville, PA Unknown Approx. 12/93 to 5/5/95 5/5/95 to Present The mother of the child is Tina M. North, whoBe current whereaboute are unknown. Bhe is married. The father of the child iB Lester E. North, currently residin9 at 38 Vine Street, Newville, PA. lie is married. 4 The relationship of Plaintiff to ths ohild is that of fathsr. The Plaintiff ourrently resides with the following per80nBl IiA.Um Helationship None 5 The relationBhip of Defendant to the child is that of mother. It i8 believed that the Defendant currently resides with the following persons I Helationship Daughter Daughter(not the Plaintiff's daughter I 6 The Plaintiff haB not partioipated as a party or witness, or in another capaoity, in other litigation concerning the oustody of the child in this or another Court. liAmll Ashley M. North Jyllian N. Logan 7 The Plaintiff has no information of a custody proceeding oonoerning the ohild pending in a Court of thie COllUllonwealth. The Plaintiff does not know of a psrson not a party to the proceedings who has phYBical cuetody of the child or olaims to have custody or visitation rights with respect to tho child. B The beat interest and welfars of the child will be Berved by granting tsmporary cUBtody of the child to the Plaintiff for the followings reasons I A. The minor child, Ashley M. North, waB a kindergarten Btudent, attending the Newville Elementary School. As reflected in Paragraph 3 above, Mother has repeatedly removed the minor child from her birth home without any regard to the beBt interest and welfare of the minor child. The Mother' B latest removal of the child from her birth home is disruptive to the child'B schooling. B. The Mother has repeatsdly threatened over the laBt Beveral months to leave and remove herself to a place to which the Plaintiff will not be able to locate her. Plaintiff had indicated to the Defendant that she was not to remove the minor child. The Defendant responded, "You can keep the f---ing little bitoh." C. The Defendant removed the minor child from school on May 5, 1995, without any prior notice or warning to the Plaintiff, and she has removed the minor child without taking any of the child's olothing or other personal belongings with her. 9 The best interest and permanent welfare of the child would be served by granting Plaintiff custody of the child for the following reasons. A. Plaintiff is better able to provide a stable environment for the minor child. B. The Plaintiff's mother, Ilarriet North, reBideB next door to the Plaintiff and iB able to assist in providing daycare and after Bchool Bervices to the Plaintiff. c. It iB believed and therefore averred that the Defendant doeB not have the beBt interest and permanent welfare of the minor child in mind aB iB evident from her persistent course of conduct in removing the minor child from the marital residence, causing a perBiBtent disruption in the minor child'B upbringing. D. In June of 1993, when the Mother had removed the minor child to Tennessse, the minor child had spoken with the father by telephone and advised him that the family needed money, that she was hungry, and that she wanted to come home. This incident iB typical of the Mother' B disregard for the minor child' B best intereatB. E. The Father is beBt able to provide a caring and nurturing environment for the minor child. 10 Each parent whose parental rightB to the child have not been terminated, and the person who haB physical custody of the child have been named aB partieB to this action. . . t~f>Y nolU"11 I.ESTER E. NORTII, Plaintiff IN 'l'IIE COURT OF COMMON PLEAS OF CUMBERI~ND COUNTY, PENNSYLVANIA CIVIL AC'l'ION - lAW v TINA M. NOR'rll, NO. 95-2504 CIVIL TERM Defendant ORDER OF COURT AND NOW, this ~~ day of June, 1995, upon information received from Christopher C. Ilouston, Esq. that service upon the Defendant in the above matter will Ilave to be made outside this Commonwealth and there being insufficient time for Notice to be given, purBuant to 23 Pa. C.B.A. 5346 (h), to the Defendant of the hearing previouBly scheduled In this matter for June 19, 1995 at 1130 P.M. it Is hereby ordered and directed as fo1lowsI A. The hearing prevlouBly Bcheduled in this matter for June 19, 1995 at 1130 P.M. Is hereby rescheduled for June 27, 1995 at 8130 A.M. in Courtroom 5 of the Cumberland County Courthouse, Carlisle, PonnBylvania. B. Pursuant to 23 Pa. C.B.A. 5352 (h), the Defendant, 'l'ina M. Norlh, is directed to appear personally with the mInor child, Asllloy Marie North, DOB 12/8/88. The Defundant's failure Lo appear may result in a decision adverse tu the Defendanl. BY TilE COUR'!', TRUE COpy HlOM IlEGOAO In TlISlhnony Wh~IOOI. I Itdlllllilllllilll illY hand and t1l1lliOilllll Lilid CUUII .I' (,UI IIb1ti , ,Pi. Ihl~_,1t!~~day OliJrf.:'-' 111, 1+,- " . '.. LD.J_..OOilliu-~ , Prothonotary I' .L,~L \ I. 'I "VI, ()CI" ,I; , J. J. Healey Ole~, Jr. PlAINTlFF'S EXHIBIT LT ~'2H . . BlilOU.J08. GILROY 8c HOU8TON,'P.C. ATTO"NlEya AT LAW ' 4& NO"TH HANOV':" .T....T CAR'-ISLC. PENNSVLVANIA t70la 17171 ........,.. """1,0 . . MAY 1 7 19~ LESTER E. NORTH, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I CIVIL ACTION - LAW I TINA M. NORTH, I Defendant I NO. 95-2504 CIVIL TERM ORDER AND NOW, this day of May, 1995, upon conBideration of Plaintiff'B Petition for Special Relief, pursuant to Pa.R.C.P. 1915.13, and a requeBt for Special Order of Court for Discovery pursuant to Pa.R.C.P. 19l5.5(c), it is hereby ordered and directed that the Cumberland County DomeBtic RelationB Office make available to the Plaintiff any change of addreeB of the Defendant, Tina M. North, from the recordB of the proceeding at DR No. 12495. By the Court, J. North.P,1IlI12 QD LESTER E. NORTIl, Plaintiff I N TilE COUII'l' OF COMMON PLEAS OF CUMUEIILAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v TINA M. NOIITIl, Defendant NO. 95-2504 CIVIL TERM PETITION rOR SPECIAL RELIlr AID DII~QYIBJ AND NOW, comeB the Plaintiff, Leeter E. North, by and through hie attorneYB, BroujoB, Gilroy , Iloueton, P.C., who requeste a Petition for Special Rellef pUrBuant to l'll.H.C.P. 1915.13 And a Special Order of Court for Discovery pureuant to Pa.R.C.P. 19l5.50(c) I 1 The Petitioner ie Lester E. North, an adult individual, currently residing at 38 Vine Street, Newville, Cumberland County, Pennsylvania. 2 On or about May 10, 1995, the Petitioner filed a Complaint for Custody and Petition for Special Hellef seeking clletody of the minor child, Ashley Marie North, datil of birth December B, 19BB. Attached hereto and marked all 8xhibl t A i e a copy of eald Complaint and Petition for Speoial lIelief with attached order.. J The Petitioner is not lIWIIIll of tho Whllltlllboula of thll Ilefendant in the above-captioned proclIedlnqa, Tina M. North, or ot the whereabouts of the minor ohlld, Aahley Marie North. 4 By Order of Court dated May 10, 1995, the parties were directed to appear before Dawn S. Sunday, Esquire, the Conciliator, on June 6, 1995, at 1100 P.M. 5 By Order of Court dated May 11, 1995, the Court scheduled a hearing on the Petitioner's Complaint for Custody and Vetition for Special Relief with said hearing scheduled for Monday, June 19, 1995, at 1130 P.M. 6 In an effort to obtain service upon the above-captioned Defendant, the Petitioner BOeks discovery of records of the Domestic Relations Office of Cumberland County for purpoees of ascertaining any change of address of the above-captioned Defendant. 7 The Petitioner is aware that the above-captioned Defendant has a pending Domestic Relations proceeding against a Jerry L. Johnson of Raleigh, North Carolina, pertaining to payment of child support to the above-captioned Defendant for the benefit of Jyllian N. Logan, at OR No. 12495. 8 The l'lainliff BOeks a Court Order directing the Domeetic Relations Office to make available to the Plaintiff any change of addr... of the above captioned Defendant. / /'J' / (/ ,;0 Clr Btop . Bton, EBqU re AttornBY PetitionerlPlaintiff DroujoB, Gilroy , HouBton, P.C. 4 North Hanover Street CarliBle, PA 17013 717 - 243-4574 WHERBFORE, the Plaintiff requeBtB thlB Honorable Court to enter an Order directing the cumberland county Domntic Relation. Office to make available to the plaintiff any change of addren for Tina H. North from the record. at DR No. 12495. LBS'I'Il11 E. NOIl'l'If, Plaintiff v. IN 'I'IIE Coull'r OF COMMON PLEIIS 01' CUMBlmLIINIJ cOUWry, PENNSYI,VIINIA CrVlL AC'I'ION - LIIW '1' I Nil M. N0Il'I'If, lJefondant NO. 95-2504 CIVIL TERM OIlDlm OF COUll'I~ IIND NOW, this lli~ day of May, 1995, upon consideration of Plaintiff'B Complaint [or Custody and Petition for Special RBlief, a headng in SCIfEDULEIJ for Monday, JunB 19, 1995, at 1130 p.m., in Courtroom NO.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY 'rIlE COURT, Christopher C. Houston, Esq. 4 North lIanover StreBt Carlisle, Pa 17013 Attorney for Plaintiff J'~ Ire RUE COPY FROM RECORD In ~ esllmony whereof. I here unto set my hind and the seal 01 said Court al Carlisle, P .r- ill /1'- d , 19 /1 ;-. I I I I r' I I i EXHIBIT I /1 j .' , .. -}ol ' ., \ '. , LESTER E. NORTH, l' laintif f Defendant IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95- J50Y CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v TINA M. NORTIl, ORDER OF COURT AND NOW, this day of May, 1995, upon a Petition for Special Relief pureuant to Pa.R.C.P. 1915.13, it is hereby ordered and directed that temporary custody of the minor child, Ashley Marie North, DOB 12/B/BB, be and is hereby awarded to the Plaintiff, LeBter E. North, until further Order of Court. The parties shall be directed to appear before the Custody Conciliator by Beparate Order of Court. By the Court, J. Defendant I IN 'l'IIE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I 95- .) 11J'1 CIVIL TERM , LESTEIl E. NOIlTlI, Plaint if f v TINA M. NORTH, CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this //JYf. day of >n~ , 19 f) , upon consideration ort:Ii'e attached Compfa[~, it is hereby directed that the partieB and their respective counBel appear before S8Ir.lllll L.'o'J.. . Ahd..a, EBquire, the Conciliator, at 525 I/BE'th l:kt. 6L......t, 1.1II1B)I...e., Ifw/tt.t.~,SlPA, on the Ir'fl. day of ...L1M.JL.. , 19.iL., at / L.M., for a Pre-Hear ing CustciliY. Conference. At such conference, an effort will be made to resolve the iOBues in dispute I or if this cannot be accomplished, to define and narrow the issueB to be heard by the court, and to enter into a temporary order. All children age five or older may also be prescnt at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. ~,.5l....., l!. ; ~ FOR TilE COURT, By I hI ()".n, .5', """,);,,,,4, f~ Custody Conciliatop" t':rI')//'L- The Court of Common PleaB of cumberland County is required by law to complr with the AmericanB with DisabilitieB Act of 1990. For informat on about accessible facilities and reaBonable accommodationB available to disabled individuals having business before the court, pleaBe contact our office. All arrangements must be mae at lest 72 hourB prior to any hearing or bUBinesB before the court. You must attend the Bcheduled conference or hearing. IOU SHOULD TAKE THIS PAPER TO lOUR LAKIER AT ONCE. IF IOU DO NOT HAVE A LAKIER OR CANNOT AFFORD ONE, GO TO OR TELBPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE IOU CAN GET LEGAL HELP. TRUE COpy FROM RECOAO In T.t1mony whereof, I here unto set my hand and \111 seal 01 said Court al Carlisle, PI. Thl.!. $j"- day of I~.. 19 9'f, '<1/1".. k ~ f /{ Prot honotlry / (/ OFFICE OF TilE COURT ADMINISTRATOR COURTIlOUSE, 4TII FLOOR CARLISLE, PA 17013 717 - 240-6200 Since birth, thB child has resided with the following porBons and at the following addrossosl Persons Addresses Dates LeBter E. North, Tina M. North, Jyllian N. Logan Tracy Jeffries, Tina M. North, JOBoph Jeffries, Jyllian N. Logan, and 2 other Minor Children 38 Vine street Newville, pA 12/0/88 to Approx.5/90 Mechanicsburg, PA 1\W=X. 5/90 to Approx. 7/90 LeBter E. North, Tina M. North, Jyllian N. Logan Tina M. North 38 Vine Street Newville, PA 1\W=X. 7/90 to 1/91 LeBter E. North, Tina M. North, Jyllian N. Logan Tina M. North Gettysburg, PA 38 Vine street Newville, PA 1\W=X. 1/91 1\W=X. 1/91 to Approx. 3/91 1\W=X. 3/91 1\W=X. 3/91 to Approx. 2/92 1\W=X. 2/92 Lester B. North, Tina M. North, Jyllian N. Logan Tina M. North, Berwyn Logan, Steve Logan Lester B. North, Tina M. North, Jyllian N. Logan Tina M. North, Jyllian N. Logan LeBter B. North, Tina M. North, Jyllian N. Logan Harrisburg, PA 38 Vine Street Newville, PA 309 sixth street New Cumberland, PA Unknown 1\W=X. 2/92 to Approx. 7/92 7/92 38 Vine street Newville, PA 38 Vine street Newville, PA 1\W=X. 7/92 to Approx. 9/92 4 The relationehip of plaintiff to the child ie that of father. The plaintiff ourrently reBidee with the following pereonBI li!Un!l !lelationBhip None 5 The relationehip of Defendant to the child ie that of mother. It ie believed that the Defendant ourrently reBidee with the following pereonel RelationshiP Daughter Daughter(not the plaintiff'B daughter) 6 The plaintiff haB not partioipated aB a party or witneBe, or in another capaoity, in other litigation ooncerning the oUBtody of the child in thie or another Court. HAl!l!!. ABhley H. North Jyllian N. Logan 7 The plaintiff hae no information of a oUBtody proceeding concerning the ohild pending in a Court of thiB commonwealth. The Plaintiff doee not knoW of a perBon not a party to the proceedinge who has physical cUBtody of the child or olaimB to have oustody or viBitation rightB with respect to the child. ~- B The best interest and wslfare of the ohild will bs served by granting temporary oUBtody of the ohild to the Plaintiff for the followings reaBonSI A. The minor ohild, ABhley M. North, was a kindergarten Btudent, attending the Newville Elementary Sohool. As refleoted in Paragraph 3 above, Mother has repeatedly removed the minor ohild from her birth home without any regard to the best intereBt and welfare of the minor ohild. The Mother I s latest removal of the child from her birth homo is disruptive to the child' s Bohooling. B. The Mother haB repeatedly threatened over the last several monthB to leave and remove hereelf to a plaoe to whioh the Plaintiff will not be able to locate her. Plaintiff had indioated to the Defendant that Bhe was not to remove the minor ohild. The Defendant responded, "You can keep the f---ing little bitoh." c. The Defendant removed the minor ohild from school on Hay 5, 1995, without any prior notice or warning to the Plaintiff, and ehe has removed the minor ohild without taking any of the ohild 's clothing or other pBrsonal belongingB with her. 9 The beBt intereBt and permanent welfare of the child would be served by granting Plaintiff custody of the child for the following rBaeonsl A. Plaintiff iB bettor ablo to provide a Btoble onvironment for the minor child. B. The I'laintiff' 0 mother, Harriet North, reBideo next door to the Plaintiff and io ablo to aBoiBt in providing daycare and after ochool Bervicoa to the Plaintiff. C. It iB believed and therefore avorred that tho Defendant doea not have tho beBt intereet and permanont wolfare of the minor child in mind ao iB evident from her poroiatent couree of conduct in removing the minor child from the marital reddenco, causing a pouhtent disruption in the minor child I a upbringing. D. In June of 1993, when tho Mother had romoved the minor child to Tenneuee, the minor child had apoken with the father by telephone and advised him that the family needed money, that sh. wae hungry, and that ahe wanted to come home. Thie incident h typical of the Mother' e disregard for the minor chi ld' a b.at intereBts. B. The Father is beat able to provida a caring and nurturing environment for the minor child. 10 .Ioh paunt whoBo parentAl righto to the ohild have not been terminated, and tho ponon who hu physioal ouetody of the child have been named 00 partioB to thiB aotion. WIllUlK~'llllll, I'hintiff requBltB the Court to grant the following I A. PurUuAnt to Pa.R.C.P. 1915.13 to award tomporary phYBical unuLudy ul Lho minor child to the Plaintiff until further Order of COUl"t, and u. Alter hearing, to grant custody of the child to the Plaintiff. r stop r C. H uBton, EBqU re Attorney for Plaintiff DroujoB, Oilroy , HouBton, P.C. 4 North Hanover Street Carlisle, PA 11013 711 .. 243-4514 1 verify that the statementB ill the foregoing pleading are true and correot. I Ulldel.stllnd that faIlle statementll herein are made Bubjeot to the penalties of 10 Vaes 4\104 lelating to unsworn falBifiolltion to authorities. '/ Le~ Ii. :;011;;: ,.//.~!: '0>'.- ,--.--.~' /f' , . . , j , .1 .. BROUJOS, QII..ROY Be HOUSTON. P. O. ATTOfltNIIY. AT I.AW 4 NO"TH .....Nav." eT...IIT CARL-I.L.IE, PItNNSVL.VANIA '7DIJI 17171 .......,.. "...1..0 JUN - 5 199~ ' , . r' "" . . LESTER E. NORTH, I IN TilE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I CIVIL ACTION - LAW I TINA M. NORTII, I NO. 95-2504 CIVIL TEIlM Defendant I ORDER or COURT AND NOW, this --5Ji.. day of June, 1995, upon conBideration of Plaintiff'e Petition to Make Rule Absolute, the Rule previouBly iSBued by thiB Court on May 19, 1995, upon the Defendant, iB hereby made abBolute. By the Court, J. Defendant I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I NO. 95-2504 CIVIL TERM I LESTER E. NORTH, Plaintiff v TINA M. NORTIl, PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, Leeter E. North, by and through hiB attorneys, BroujoB, Gilroy' Houston, P.C., who request as folloWBI 1 On May 19, 1995, thiB Honorable Court entered an Order of Court directing that a Rule be issued upon the above-captioned Defendant and the Domestic Relations Offics of Cumberland County to show cause why certain relief requeBted in a Petition for Special Relief and DiBcovery Bhould not be granted with the Ruls returnable within seven (7) days of service. A copy of said Order iB attached hereto and marked aB Exhibit A. 2 Attached hereto and marked as Exhibit B is a copy of a Certificate of Service indicating that service waB made upon the Defendant by firBt claBS mail, in accordance of the directives of said Order, on May 22, 1995, and, no answer to the Petition for Special Relief and DiBcovery has been filed by the Defendant. .~- " , ' " LES'l'EIl E. NOR'I'II, Plaintiff 1 N 'I'IIE COUIl'I' OF COMMON l'LIlAS 01' CUMDEIlLAND COUN'l'Y, PENNSYLVANIA I I I I I I I NO. 95-2504 CIVIL TEI~ v. CIVIL ACTION - LAW TINA M. NOH'rU, Defendant OIlIJEIl OF COUR'l' AND NOW, thia \'f t'4day of May, 1995, upon consideration of Plaintiff' a Petition for Special Relief and DiBcovery, a RULE iB isaued upon the Defendant and lhe DomeaUc Relationa Offioe of Cumberland County lo Bhow cause why the relief requeBted should not ba granted. RULE RETURNABLE within 7 daYB of aervice. Service of thiB RULE upon Defendant may be made by firBt clasB mail to her laat known addreas and shall be conaidered complete 3 daYB after mailing. BY TilE COURT, ~riBtopher C. Houaton, ~~ North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Domeatic Relations Office of Cumberland County Esq. Ire TRI'F. COry FR0M RECORD In I, 'II' " , , ! I J ' d ,r ., " '. ,., I: I ni~' Ildn ,1Ld rill} ~tttd 01 'Li . 1, II II! ( d.' ",ill f\l 'V. ' ' lIois 19 . d"y~, ';1 ~ ' 19..?,r ....."..._JI:JAL.,Lt ,]~<.4>.4 (J , U ...........,. vljl~ . PrOlllOno'~,y EXHIBIT I !J_~_ t.:; , ., ::! r t . . ."OU.JO., OILFlOY III HOU.,.ON, p, 0, ATTQNN.". AT l-Aw II NONTH u""'OV." .''''I:T CAAt...la&..K. ".NN8VI-VANIA 'YOla "", .4.....,4 '..-..'0 '. ,'::.t, MA Y J I :395d" v IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUN'l'Y, PENNSYLVANIA CIVIL ACTION - LAW I,ESTER E. NOR1'1I, Plaintiff TINA M. NORTII, Defendant NO. 95-2504 CIVIL TERM ORDER QL_.cQlUlt AND NOW, thi s -El~ day of _:J 1AAC. 1995, upon oonsideration of I'laintif f' B Petition to Make Rule Absolute, the Rule previously inued by this Court on May 19, 1995, upon the DomeBtio Relations Off ioe of Cumberland County, is hereby made absolute and the cumberland County Domeetic Relations Off ioe is further ordered to make available Lo the Plaintiff any ohange of address for Tina M. North from tho reoords at DR. 12495. ~;;2gd~l J. North Ib," 30 95 LESTER E. NORTIl, plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v TINA M. NORTII, NO. 95-2504 CIVIL TERM Dufendant PETITION TO MAKE RULE ABSOLUTE AND NOW, comeB the Plaintiff, LeBter E. North, by and through hiB attorneys, Broujos, Gilroy " HouBton, P.C., who requeBtB as folloWBI 1 On Hay 19, 1995, thiB Honorable Court entered an Order of Court directing that a Rule be lsBued upon the above-captioned Defendant and the Domestic RelationB Office of Cumberland County to show cause why certain relief requested in a Petition for Special Relief and Discovery ehould not be granted with the Rule returnable within seven (7) days of eervice. A copy of said Order iB attached hereto and marked aB Exhibit A. 2 Service waB made upon the DomeBtic Relations Office of Cumberland County on Hay 19, 1995, and no anBwer to the Petition for Special Relief and Discovery haB been filed by the DomeBtic Relations Office of Cumberland County. WHEREFORE, the Petitioner requests this Ilonorable Court to enter an Order of Court making the Rule previously issued upon the DomeBtic Relations Office of Cumberland County absolute and to make north,re' Defendant I IN TilE COURT OF COMMON PLEAS OF 1 CUMBEIlLAND COUNTY, PENNSYLVANIA 1 1 CIVIL ACTION - LAW I I NO. 95-2504 CIVIL TERM I LESTER E. NORTII, Plain::itf v TINA M. NORTII, ORDER OF COURT AND NOW, thie ~ day of June, 1995, upon information received from ChriBtopher C. Iloueton, EBq. that eervice upon the Defendant in the above matter will have to be made outeide thie Commonwealth and there being ineufficient time for Notice to be given, pureuant to 23 Pa. C.B.A. 5346 (b), to the Defendant of the hearing previouely Bcheduled in thiB matter for June 19, 1995 at 1130 P.M. it ie hereby ordered and directed aB followBI A. The hearing previouBly echeduled in thiB matter for June 19, 1995 at 1130 P.M. ie hereby reecheduled for June 27, 1995 at 8130 A.M. in Courtroom 5 of the Cumberland County Courthouee, CarliBle, penneylvania. B. PurBuant to 23 Pa. C.S.A. 5352 (b), the Defendant, Tina M. North, ie directed to appear personally with the minor child, Aehley Marie North, DaB 12/8/88. The Defendant'e failure to appear may reBult in a deciBion adveree to the Defendant. BY TilE COURT, J. J r. , , ...' J. L~ ..- ;, 5 r 1- , :1 G' ~ ...; rl~ ,.. .' \ .." ~ - ,. - r -J. ~ .V ~ ,. ;: v ~ ". ..t ':K f t~ .... Co "