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HomeMy WebLinkAbout02-5489BRANDY W. SMITH, Plaintiff CHARLES L. CAROTHERS, JR. Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Brandy W. Smith, by her attorneys, the Family Law Clinic, files this complaint for custody, requesting shared legal and primary physical custody of Donovan J. Carothers, born January 3, 2002. In support of her complaint, plaintiff states as follows: 1. The plaintiff is Brandy W. Smith, currently residing at 400 First Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Charles L. Carothers, Jr., currently residing at the State Correctional Institution at Camp Hill, Pennsylvania. Defendant can be reached by mail at the following address: Charles L. Carothers, Jr. # DW6634, c/o State Correctional Institution at Camp Hill, P.O. Box 200, Camp Hill, Pennsylvania 17001-0200. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Donovan J. Carothers 400 First Street 1/03/02 Carlisle, PA 17013 The child was born out of wedlock. The child is presently in the custody of Brandy W. Smith, who resides at 400 First Street, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: Persons Brandy W. Smith Addresses 400 First Street Carlisle, PA 17013 Dates 1/03/02 to present 4. The mother of the child is Brandy W. Smith, currently residing at 400 First Street, Carlisle, Pennsylvania 17013. She is single. 5. The father of the child is Charles L. Carothers, Jr., currently residing at the State Correctional Institution at Camp Hill, P.O. Box 200, Camp Hill, Pennsylvania 17001-0200. He is single. 6. The relationship of the Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: Name Donovan J. Carothers Trevante A. Coleman Relationship Son Son 7. The relationship of Defendant to the child is that of father. He currently resides with the following persons: Name Relationship Inmates at the State Correctional Institution at Camp Hill 8. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or another state. 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) Plaintiff has been the primary caretaker of the child since birth; b) Plaintiff provides child with the necessary moral, emotional, and physical surroundings to meet the child's needs; c) Plaintiff continues to exercise parental duties on behalf of the child and enjoys the love and affection of the child; d) Defendant has been incarcerated for most of the child's life, and has not provided the child with the necessary moral, emotional, and physical surroundings to meet the child's needs; e) Plaintiff is concerned about the health and welfare of the child because Defendant has a history of illegal drug use and arrests; t) Plaintiff is willing to grant Defendant periods of partial custody in order for the child to develop a strong parent/child relationship with both parents. 10. Each parent whose 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 this action. WHEREFORE, plaintiff requests the court to grant to her primary physical custody of the child. Date: Dougl/as A. Miltenberger Certified Legal Intern Tr-rOM ¢ Ft. L^CE ROBERt' ,E. RAiNS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLiNIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION I verify that the statements made in this Complaint are true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unswom falsification to authorities. Date: l]/[l/~)'~ "B~an~y W~ St~ith BRANDY W. SMITH, Plaintiff CHARLES L. CAROTHERS, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : C1VIL ACTION - LAW : IN CUSTODY : NO. PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Brandy W. Smith, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, //Douglas A. Miltenberger Certified Legal Intern THOM~S/M.~PLACE ROBERlYE. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 BRANDY W. SMITH, Plaintiff CHARLES L. CAROTHERS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION[ - LAW : IN CUSTODY : : : NO. 02-5489 CIVIL TERM CERTIFICATE OF SERVICE I, Douglas A. Miltenberger, hereby certify that I am serving a tree and correct copy of the Custody Complaint on Charles L. Carothers, Jr., currently residing at the State Correctional Institution at Camp Hill, P.O. Box 200, Camp Hill, Pennsylvania 17001-0200, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by the Defendant on the 19th day of November, 2002 as evidenced by the signature on the attached postal service tracking confirmation sheet. Date: /~Douglas A. Miltenberger Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 2. Attic ('/-rat PS For ~ / ~.~,~\ [3 Agent B Received by ( printed Name) [3 '(es D. is detiveW addreSS different from item. [3 No if YES enter delivery address beloW. ~ Certified Mail [3 ExpreSS Mail [3 Registered ,~ Return Receipt for Merchandise [3 Ins~ed Me~ [3 C.O,D. ~,¥ee Restricted Deliver? (Extra F~) ? 102595-01 · Sender: Please print your name, address, and ZIP+4 in this box · , Y ~ ~,'~ h"llh"lll'"'"lh'lh,,hlhh,,h,h,lh,h,hhh,,,lll BRANDY W. SMITH PLAINTIFF CHARLES L. CAROTHERS, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-5489 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Friday, November 22, 2002 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_acqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Count~ Courthouse, Carlisle on Thursday, December 12, 2002 at 10:30 AM 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. 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jatcqueline M. Verney, Esq. Custody Conciliator ~llae Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business betbre the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~NVAI~'NNF~d AINFIO0 ~,gW.JO-r,j~t]W BRANDY SMITH, Plaintiff Vo : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5489 CIVIL TERM CHARLES L. CAROTHERS, JR.,: CIVIL ACTION - LAW Defendant : : IN CUSTODY ORDER OF COURT AND NOW, this 13th day of May, 2003, the Conciliator not being contacted for another Conciliation Conference for 90 days, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ffacqu~ine M. Vemey, Esquire, Ctdstody Conciliator Wanda Lee McManus Plaintiff VS. James Anthony McManus, Jr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 02-5249 CML TERM IN D1VORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on October 30, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the Complaint. 3. i consent to the entry of a final decree of divorce after service of notice of intention to request entry of divorce. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: ~' Za-a3 Signature: ~./..r~_~_~ ~~ Wanda Lee McManus, Plaintiff Wanda Lee McManus Plaintiff VS. James Anthony McManus, Jr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 02-5249 CIVIL T~P,M IN DWORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on October 30, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the Coxnplaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of divorce. 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. Section 4904 relating to unsworn falsification to authorities,/~ Date: ~"/~'" ~ Signature: t/~a,,~ ~a~es Anthony MotManus,'Jr., De~ant Wanda Lee McManus Plaintiff VS. James Anthony McManus, Jr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 02-5249 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me irmnediately after it is filed with the Prothonotary. I verify that 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 unswom falsification to authorities. Date: ~-..9o- 0.3 Signature: '~/~ o~'.~-- ~ ~anda Lee McManus, Plaintiff Wanda Lee McManus Pla'mtiff VS. James Anthony McManus, Jr. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA No. 02-5249 CIVIL TEP, M IN DWORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (e) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I understand that I will not be divomed until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that statements made in this affidavit are tree 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:_~__~ Signature: & A~ ~~ Wanda Lee McManus, Plaintiff VS. James Anthony McManus, Jr., Defendant IN THE COURT OF C',OMMON PLEAS OF CUMBERLAND COL~NTY PENNSYLVANIA NO. 02-$249 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECOR[} To The Prothonotary: Transmit the record, together with the following information, to the Court for entry ora divome decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Defendant signed Acceptance and Acknowledgment of Service form on February 14, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divome Code: by Plaintiff, on June 20 2003; by Defendant, on June 13 2003. (b)(1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divome Code: N/A (2) Date of filing and service of Plaintiff's Affidavit upon Defendant: N/A 4. Related claims pending: Them am no outstanding claim~ 5. Complete either paragraph (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 25_~_2003. (c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 25, 2003. Plaintiff's Social Security Number: 161-58-9211 Defendant's Social Security Number: 203-56-7145 Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE Of PENNA. WANDA LEE MCMANUS PLAINTIFF VERSUS JAMES ANTHONY MCMANUS, JR. DEFENDANT 02-5249 CIVIL DECREE IN DIVORCE AN D N OW, ~~{ DECREED THAT WANDA LEE MCMANUS JAMES ANTHONY MCMANUS, JR. AND , It IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM ThE BONDS OF MATRIMONY. ThE COURT RETAINS JURISDICTION OF ThE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ALL CLAIMS HAVE BEEN RESOLVED. ATTEST: j. '~-/J~~ rOth O N OTa ry