HomeMy WebLinkAbout01-0969 FX
I II
-~).
~ ~,
.FEa 2 2 20011/J
Or
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CYNTHIA CARROLL SKELTON
Plaintiff
v.
)
) N2. o/~9'9 .CivilTerm
)
)
) CUSTODY
)
)
RAY EDWARD SKELTON
Defendant
TEMPORARY ORDER OF COURT FOR CUSTODY
AND Now, this _ day of February 2001, upon consideration of
Plaintiff's Complaint in Divorce and the averments contained therein and in Count II:
Custody, it is hereby Ordered that temporary custody of the minor child, Michael Charles
Skelton, born October 8, 1997 (the "Child"), pending a custody conciliation conference
to be scheduled by this Court, shall continue the current practice of the parties and shall
be as follows:
1. Mother, Cynthia Carroll Skelton and father, Ray Edward Skelton shall share
legal custody of the Child.
2. Mother, Cynthia Carroll Skelton shall have primary physical custody and
father, Ray Edward Skelton shall have partial physical custody of the Child
according to the following schedule: beginning with the weekend
commencing Friday, February 16,2001, Father shall have physical custody
from Friday evening until Sunday evening on alternating weekends and at
other times by mutual agreement of the parties. Mother shall have physical
custody at all other times. Mother and Father shall share transportation
,
- ~"
.1,
I,L.o.'
" '"L'-'. X
,. . .
,
arrangements by driving to a public meeting place off of the Breezewood exit
of the Pennsylvania Turnpike to make the custody exchanges.
3. Until further Order of Court, neither party shall remove the Child from the
Commonwealth of Pennsylvania without the prior written consent of the other
party .
By THE COURT:
J.
,~" ' '~
"', I II
~ ii!dIi "''''jl,
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CYNTHIA CARROLL SKELTON
Plaintiff
v.
)
) N2. rJJ-9r,t:( Civil Term
)
)
) CUSTODY
)
)
RAy EDWARD SKELTON
Defendant
ORDER OF COURT
You, Ray Edward Skelton, Defendant, have been sued in Court to obtain Custody, Partial
Custody or Visitation of the child: Michael Charles Skelton.
You are ordered to appear at
,2001, at
. on
day
of
AMI PM for:
A conciliation or mediation conference.
_ A pretrial conference.
_ A Hearing before the Court.
If you fail to appear as provided by this Order, an Order for Custody, Partial Custody or
Visitation may be entered against you or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO A 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IS REQUIRED BY LAW
TO COMPLY WITH THE AMERICANS WITII DISABILITIES ACT OF 1990. FOR FREE
INFORMA nON ABOUT ACCESSIBLE FACILITIES AND REASONABLE ACCOMMODA nONS
AVAILABLE TO DISABLED INDIVIDUALS HAVING BUSINESS BEFORE THE COURT, PLEASE
CONTACT OUR OFFICE. ALL ARRANGEMENTS MUST BE MADE 72 HOURS PRIOR TO ANY
HEARINGS OR BUSINESS BEFORE THE COURT. YOU MUST ATTEND THE SCHEDULED
CONFERENCE OR HEARING.
By the Court:
Date:
, J.
\<i
., " . '~".-.. " , "
"^'L~- "c" ,.("
""'d';'"J,,,;",,._, "I,'.,."
;~ .'"" "<"._Z_;" ,,'''+,,0 -bl__,..,,,-. 'h """",,,_,_', "." ,.\',.,~ -,-", .,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CYNTHIA CARROLL SKELTON
Plaintiff
v.
)
) N2. 0/-'1(.9 Civil Term
)
)
) IN DIVORCE
)
)
RAy EDWARD SKELTON
Defendant
COMPLAINT IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if
you fail to do so, the case may proceed without you and a decree of divorce or
annulment may be entered against you by the court. A judgment may also be
entered against you for any other claim or relief requested in these papers by the
plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of marriage
counselors is available in the Office of the Prothonotary at the Cumberland
County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PORPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM
ANY OF THEM.
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.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue, Carlisle, PA 17013
. Telephone (717) 249-3166
,
. '.
-' ~,
;.. ,,"",'" ^'.'~,~ ~'"--" ;"','~"- "--,""", '", I'~' ocT,-,' ',,-'t,S>' f.'--:'<~;.f:;;ii__"_~~~"I.;;I~,__;="<.,;:,,,~_,'.j~__c ,~,,~,,;"<-:'" :';;Sf;'1~.,':.-.;",,~
~" ,',-
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CYNTHIA CARROLL SKELTON
Plaintiff
)
) N2. b I~ q{. '1 Civil Term
)
)
) IN DIVORCE
)
)
v.
RAY EDWARD SKELTON
Defendant
COMPLAINT IN DIVORCE
UNDER SECTION 3301 (c) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Cynthia Carroll Skelton, by and through
her attorney, Richard C. Gaffney, Esquire, who files this complaint under Section
3301 ( c ) of the Divorce Code and who, in support thereof, respectfully
represents that:
1. The Plaintiff is Cynthia Carroll Skelton, who presently resides in Camp
Hill, Cumberland County, Pennsylvania. Plaintiff is apprehensive of
serious bodily hann from the Defendant and, on that basis, will not
disclose her precise address but to this Honorable Court in camera.
2. The Defendant is Ray Edward Skelton, whose present mailing address is
P.O. Box 289, Indianhead, Pennsylvania 15446.
3. Plaintiff and Defendant are sui iuris and both have been bona fide
residents of the Commonwealth for a period of more than six months
immediately preceding the filing of this complaint.
4. The Plaintiff and Defendant were married June 1, 1996 in Brownsville,
Fayette County, Pennsylvania.
"",~ _'"oj ".
, .' " ,- ~
,~t ;-,'j'- ,0__
~"" >",-"." ,-""-', t.wl';: "", __"d,".' .""'. ",;,,' """',,,'C';';, _~,:-. ~~'.'
'0;
5. The parties to this action separated on November 8, 2000 and have
continued to live separate and apart since then.
6. There have been no prior actions of divorce or for annulment between the
parties.
7. The marriage is irretrievably broken.
8. The Plaintiff has been advised that counseling is available and that the
plaintiff may have the right to request that the court require the parties to
participate in counseling.
9. Neither the Plaintiff nor the Defendant is in the military or naval service or
in any branch of the armed forces of the United States of America or its
allies or otherwise within the provisions of the Soldiers' and Sailors' Civil
Relief Act of Congress of 1940 and its amendments.
COUNT I:
DIVORCE
10. Plaintiff hereby incorporates the averments of paragraphs 1 through 9
hereinabove as though they were fully set forth herein.
11. Plaintiff respectfully requests this Honorable Court to enter a Decree in
Divorce pursuant to section 3301 (c) of the Divorce Code.
COUNT II:
CUSTODY
12. Plaintiff hereby incorporates the averments of paragraphs 1 through 9
hereinabove as though they were fully set forth herein.
13. Plaintiff and Defendant produced one child of the marriage, Michael
Charles Skelton, born October 8,1997 (the "Child").
14. The relationship of the Plaintiff to the Child is that of mother.
15. The relationship of the Defendant to the Child is that off ather.
16. Since birth, the Child has lived at the following addresses and with the
following persons:
~ -
O.
, ,
. - ~"., " "",'. <~ -
,,,',,,d,,,,,n.., "",'" ,," ..."_i,'",,,_, ",">" i\';.;,'..~", ,,-c. _<__...." ;'d~
.,. ',;J' ~~, _ _ _" I I,,, -' ,~,--"," "" '.
a. From October 8,1997 until November 8, 1997 with Plaintiff
mother, Defendant father, Plaintifl"sparents and Plaintiffs brother
at 802 Green Street, Brownsville, Pennsylvania 15147.
b. From November 8,1997 until November 8, 2000 with Plaintiff
mother and Defendant father at 1028 Penn Craft Road, East
Millsboro, Pennsylvania 15433.
c. From November 8, 2000 until January 06, 2001 with Plaintiff
mother and Plaintiffs friend, Nina Evett at 1609 C Hickory Street,
Richmond, Virginia 23222.
d. From January 06, 2001 to present with Plaintiff mother and
Plaintiffs friend, Nina Evett at an address in Camp Hill,
Cwnberland County, Pennsylvania 17011.
17. The Plaintiff mother currently resides in Camp Hill, Cwnberland County,
Pennsylvania with the following persons: her son, Michael Charles
Skelton (age 3), and a friend, Nina Evett.
18. The Defendant father's current residence is unknown to the Plaintiff
mother. On information and belief, Plaintiff avers that the Defendant
father is living with an unrelated adult female.
19. The current custodial arrangement of the parties is that Plaintiff mother
has primary physical custody of the Child and Defendant father has partial
physical custody of the Child from Friday evening until Sunday evening
on alternating weekends. Mother and Father share transportation
arrangements by meeting at a public place off the Breezewood Exit of the
Pennsylvania Turnpike to make the custody exchange.
20. Plaintiff mother believes and therefore avers that the Defendant presents a
serious risk of flight with the Child.
21. Plaintiff respectfully prays this Honorable Court to issue a temporary
Order, pending a conciliation conference, awarding primary physical
"^
,'," ,.~<," n "'~ '~'.,,- ~,-"""'.,, ",.'" > C' ;~,' ".' I c;" I ,<",'i~" '"""ic '" ,2j"':;;'~,' ;"':'1,.', ',' --~""'b..il,,' ~"--,, ,-,,,,~,;~>,-, ;,,--', - ~h' '" ,~ c_ "ok":' '-:::';';,J'~ "
-;, ':;,
custody of the Child to her and partial physical custody of the Child to the
Defendant father from Friday evening until Sunday evening on alternating
weekends.
22. Plaintiff respectfully prays this Honorable Court to include in its
temporary Order a prohibition against either party removing the Child
from the Commonwealth of Pennsylvania without the prior consent of the
other parent.
COUNT III: EQUITABLE DISTRIBUTION OF THE MARITAL ESTATE
23. Plaintiff hereby incorporates the averments of paragraphs 1 through 22
hereinabove as though they were fully set forth herein.
24. Plaintiff and Defendant accumulated marital assets and marital debt during
the term of their marriage.
25. Plaintiff respectfully prays this Honorable Court to Order the equitable
distribution of the marital estate.
COUNT IV: CHILD SUPPORT
26. Plaintiff hereby incorporates the averments of paragraphs 1 through 25
hereinabove as though they were fully set forth herein.
27. Plaintiff is currently unemployed.
28. Defendant is currently employed as a journeyman electrician and earns in
excess of $45,000.00 annually.
29. The Child is in the primary custody ofthe Plaintiff.
30. Defendant owes an obligation of support to the Child.
31. Plaintiff respectfully prays this Honorable Court for an Order directing the
Defendant father to pay support for the minor Child to the Plaintiff.
. .
~, .""",--,'-' --,,~'.' '. ;1,. .1-- ,~,"":,_y;,';"'~'"",,,""'-","d'~bl';',,;,,",;,,,:' ->"'~';"~"_: ""-':"-",i~.';,'",~,,"
'" 'I
COUNT V:
SPOUSAL SUPPORT
32. Plaintiff hereby incorporates the averments of paragraphs I through 31
hereinabove as though they were fully set forth herein.
33. Defendant owes a duty of spousal support to the Plaintiff.
34. Plaintiff respectfully prays this Honorable Court for an Order directing the
Defendant to pay spousal support to her.
COUNT VI: ALIMONY PENDENT LITE, COUNSEL FEES & COSTS
35.
Plaintiff hereby incorporates the averments of paragraphs I through 34
hereinabove as though they were fully set forth herein.
Plaintiff is without the financial means necessary to pursue the instant
litigation.
Plaintiff respectfully prays this Honorable Court for an Order directing the
Defendant father to pay alimony pendente lite to her.
Plaintiff further prays this Honorable Court for an Order directing the
Defendant to pay Plaintiff's attorney fees and the costs of this action.
36.
37.
, 38.
COUNT VII: ALIMONY
39. Plaintiff hereby incorporates the averments of paragraphs I through 37
hereinabove as though they were fully set forth herein.
40. Plaintiff and Defendant were married for four (4) years and five (5)
months before they separated.
41. Plaintiff respectfully prays this Honorable Court for an Order directing the
Defendant father to pay alimony to her of indefinite duration.
_ _7".
, " '~- -
~ '" ,,'
I~ - I",
.' ," ';.,.' """~~"",~,,,1.bl.:iiI.,"~' ,
"' ,*,-,_,~ 'J~"",
.,,"_ ".~ '''0.'
"-"",'.-
'--~j
WHEREFORE, Plaintiff prays this Honorable Court for a Decree in
Divorce, a Temporary Order for Custody, a Permanent Order for Custody,
an Order for Equitable Distribution of the marital estate, an Order for
Child Support, an Order for Alimony Pendente Lite, an Order for
Alimony, an Order awarding Plaintiff her counsel fees and costs, and such
other legal and equitable relief as this Court deems appropriate.
Respectfully submitted,
Richard C. Gaffney, ire
Supreme Court LD. No. 6331
LAW OFFICES OF RiCHARD C. GAFFNEY
2120 Market Street, Suite 101
Camp Hill, Pennsylvania 17011
Phone (717) 975-9033
Attorney for Plaintiff
-
il
;,,1-1
" ,,> ;J,
"
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CYNTHIA CARROLL SKELTON
Plaintiff
V.
)
) N2. Civil Term
)
)
) IN DIVORCE
)
)
RAY EDWARD SKELTON
Defendant
VERIFICA nON
I verify that the statements made in the foregoing complaint are true and
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa. Cons. Stat. Ann. Section 4904, relating to unsworn falsification to
authorities.
Date Q.//r::,//J /
. ,
4::~f:!{/jbJ
"~
m-lJW__St!t~I!i,j'>"
~
~iliitlk~I\ij,~""I.F,,,,jt:'
^"~u~,.,;,;",,,,,,,iL~--'
~i!f~"B,(1"= .
- "~ ............"'.
~ar"".,~6"L..-
"
I
'"
'Tl~,
~S
...;>.
,2: C)
",::-.("..
,--' i'"
-5'
~ :'\.)
1~"
~-~> .
.....<1
c-'
;:;
'~.D
(;',
,,-
".
52
=;.:
~
~ J?
\..,
~ '"
0 '"
""'" ;,~ ~ '"
It ~ 0., -<J
",. ~~ c. ~ -.J
, !-\
'" ~
'- ~ ~ tr
~~ [J c
t;
~
r
~-
O,^,; ^'.~
=v~,
.. ~
'",'
,"
CYNlliIA CARROLL SKELTON
PLAINTIFF
V.
RAY EDWARD SKELTON
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
01-969
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 23rd day of February, 2001, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliat
at 214 Senate Avenue, Suite 105, CampHiII,PA 17011 on the 26th day of March ,200], at 1:00 p.m.
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 defme 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,
By: /s/
Melissa P. Greev Es
Custody Conciliator .
The 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
availab]e to disabled individuals having business before 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
HA VB 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
Te]ephone (71 7) 249-3166
i""",
-
__,,_ ".~u, '''~~' .,' "~.."-"~"',~"',"",,,,"~. ~ .~, ~'~~_' . ',,-, " ,^,."
C)-(;X)-tJl
~-())-O!
:;J. -dn-o I
~" c,,,"""",'""~'''' ~..'~."""_ ", ____ _"."~,, ,~"-,., ~_, ,,~ 'u'<=
']' F'--' ,.,-,
i : ~ r "1 > I
'I .' ,-,.
,). ria
it i".' (" ....-
,-
1
..1~""'N~'"'P",",,,,,'!',WIf-M!"~''I"'!'fflli'~'-~_,_~"~rlf!lIIIIi!I!I!llRI!IJll!fiWI1i!Hm~M'''''r<?_'1f'''.''''',"",,",-':'<'''"<'.''\I~'.:!'''':'''~'~f<~Hir:&i'I~~~~'.!I!iIIW!\.~~
"\1 I' I'" ..,,-.' j"jr"-,,
\.Jui\l,c:,;,,::') ',~,;,.)i./i'~j i
PEN!\~SYlYi:\,\l\/\
M-dP;p~ ~ aIf~"
11~ ~ ~ &PI.
to/'~~ 7c4~
1,'1.
,
~
1- I( '-
CYNTHIA CARROLL SKELTON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 01-969 Civil Term
RAY EDWARD SKELTON,
Defendant
IN DIVORCE
I. PRELIMINARY OBJECTION OF RAY EDWARD SKELTON CHALLENGING VENUE
AND ALTERNATIVELY COUNTERCLAIM FOR PRIMARY PHYSICAL CUSTODY
1. Cynthia Carroll Skelton was born in Uniontown, Fayette
County, Pennsylvania and until November 8, 2000 resided in Fayette
County for her entire life.
2. Ray Edward Skelton was born in Uniontown, Fayette County,
Pennsylvania and has resided in Fayette County for his entire life.
3. The minor child, Michael Charles Skelton, was born in Fayette
County and has resided there his entire life up to some time after
February 6, 2001 when Cynthia Carroll Skelton advised Ray Edward
Skelton that from that point onward he was only entitled to physical
custody of the aforesaid minor child every other weekend.
Prior to
February 6, 2001 and subsequent to November 8, 2000 (the date
Plaintiff left her residence in Fayette County) physical custody of
the minor child was shared.
4. Plaintiff's parents have had significant contact with the
minor child since his birth and have resided in Fayette County for
most of their lives.
5. Defendant's parents have had significant contact with the
minor child since his birth and they have resided in Fayette County
all of their lives.
"
"",,1
. }
6. People who know the minor child very well such as daycare
teachers reside in Fayette County. Pursuant to Rule 1915.2(a)(I)(i),
Fayette County was the home County of the minor child at the
commencement of the above captioned action.
7. Pursuant to Rule 1915.2(a) (1) (ii), Fayette County has been
the minor child's home County within 6 months before the commencement
of the above captioned proceeding and the aforesaid minor child is
absent from Fayette County because of his removal by Plaintiff.
8. Pursuant to Rule 1915.2 (a) (2), it is in the best interest of
the minor child that Fayette County have venue over the Custody action
in that:
a. the minor child resided exclusively in Fayette County
up to November 8, 2000;
b. from November 8, 2000 until February 6, 2001 the minor
child spent approximately 50% of his time in Fayette County; and
c. maternal and paternal grandparents as well as other
individuals such as daycare teachers who know the minor child reside
in Fayette County.
9. It would be inconvenient and inefficient if venue of the
custody proceedings were in Fayette County and Cumberland County also
maintained venue over the Divorce and Support proceedings set forth in
Counts I, III, IV, V, VI and VII of the Complaint.
10. Witnesses who may provide relevant testimony in the Divorce
proceeding are in Fayette County and it would be inconvenient for
those witnesses to travel to Cumberland County for hearings in this
case.
~ ,''''''
'"''--I
. ,
11. On or around the date of the filing of this pleading, Ray
Edward Skelton intends to file a Custody Complaint and Petition for
Special Relief in Fayette County.
A copy of those pleadings are
attached hereto.
WHEREFORE, Ray Edward Skelton requests that the Court issue an
Order transferring venue of the above captioned action to Fayette
County.
The number for the Fayette County Court Administrator's
Office, should the Cumberland County Court desire the same, is 724-
430-1230.
II. COUNTERCLAIM OF RAY EDWARD SKELTON FOR PRIMARY PHYSICAL CUSTODY
PURSUANT TO RULE 1915.5 (in the alternative)
12. Paragraphs 1 through 11 are incorporated herein by
reference.
13. Paragraphs 12 through 15 of the Complaint filed in this
action and the responses thereto are incorporated herein by reference.
14. Since birth, the minor child has resided at the following
addresses and with the following persons:
a. from October 8, 1997 until November 8, 2000, with
Cynthia Carroll Skelton and Ray Edward Skelton at 1028 Penn Craft
Road, East Millsboro, PA 15433.
The minor child did reside with
maternal grandparents, Cynthia Carrol Skelton and Ray Edward Skelton,
at the home of maternal grandparents, for two or three weeks after his
birth at the request of maternal grandmother who wanted to spend time
wi th the minor child.
For this two or three week period, however,
Cynthia Carroll Skelton and Ray Edward Skelton never gave up their
residence on Penn Craft Road. They were living at that address before
I I
~~':!r:
. ,
they visited with maternal grandparents (after the minor child's
birth) and they went back to that residence after two or three weeks.
b. from November 8, 2000 until February 6, 2001 the minor
child resided 50% of the time with Ray Edward Skelton and 50% of the
time with cynthia Carroll Skelton. During this period, Ray Edward
Skelton resided at 1127 Miller Hill Road, Indianhead, Fayette County,
Pennsylvania 15446. The other half of the time the minor child
resided with Cynthia Carroll Skelton.
c. Subsequent to February 6, 2001 the minor child has
resided with Cynthia Carrol Skelton with the exception of the weekend
February 16 through February 18, 2001.
15. It is believed that mother, Cynthia Carrol Skelton, resides
in Camp Hill, Cumberland County, Pennsylvania with the minor child and
Nina Evett.
16. F~ther, Ray Edward Skelton, currently resides at 1127 Miller
Hill Road, Indianhead, PA 15446.
17 . Ray Edward Skel ton has been the primary caretaker of the
minor child from in or around the spring of 1999 until November 8,
2000 - especially year 2000 up until November 8, 2000.
WHEREFORE, Ray Edward Skelton requests that the Cumberland County
Court consider this Counterclaim only if it is ultimately determined
that venue of the Custody action be in Cumberland County. If
Cumberland County ultimately has venue of the Custody action, Ray
'I,.
.L,',I,'I.
"-"....
. ,
Edward Skelton requests that the Court grant him primary Physical
Custody and Shared Legal Custody of the minor child.
YOFFE
. YOFFE, SQUIRE
Attorney for Defendant
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
"I '1 'I ',I,~I
J...I
. i
RAY EDWARD SKELTON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
FAYETTE COUNTY, PENNSYLVANIA
VS.
NO.
CYNTHIA CARROL SKELTON,
Defendant
IN CUSTODY
PETITION FOR SPECIAL RELIEF
1. Ray Edward Skelton and Cynthia Carroll Skelton are the
natural parents of Michael Charles Skelton born October 8, 1997.
2. Plaintiff and Defendant resided together until November 8,
2000 when Cynthia Carroll Skelton left Fayette County.
3. From the Spring of 1999 until November 8, 2000 Ray Edward
Skelton has been the primary caretaker of Michael Charles Skelton.
4. From November 8, 2000 up to and including February 6, 2001
physical custody of the minor child was shared between Cynthia Carroll
Skelton and Ray Edward Skelton.
5. Cynthia Carroll Skelton resided in Richmond, Virginia from
November 8, 2000 until January 6, 2001 and in Camp Hill, Cumberland
County, Pennsylvania from January 6, 2001 until the present.
6. Subsequent to February 6, 2001, Cynthia Carroll Skelton
unilaterally instructed Ray Edward Skelton that from that point
forward he was only going to be able to see his son every other
weekend.
7. Ray Edward Skelton did have physical custody of his son the
weekend of February 16 through February 18, 2001.
8. On or around February 16, 2001 Cynthia Carroll Skelton filed
a Custody Complaint and Divorce Complaint in Cumberland County,
EXHiBlT "A"
Yo I....I^
it>l
Pennsylvania.
A copy of that pleading is attached hereto as Exhibit
"A" .
9. Ray Edward Skelton responded to the Cumberland County action
by filing Preliminary Objections challenging venue and a Counterclaim
for primary physical custody (in the alternative) A copy of that
pleading is attached hereto as Exhibit ~BH.
10. Subsequent to February 6, 2001, without obtaining prior
Court approval, Cynthia Carroll Skelton discontinued the shared
custody arrangement which existed from November 8, 2000 until February
6, 2001 and imposed a schedule whereby Ray Edward Skelton only gets to
see his son every other weekend.
WHEREFORE, Ray Edward Skelton requests the following:
1. That the Fayette County Court of Conunon Pleas
conununicate with the Cumberland County Court of Conunon Pleas and issue
an Order directing which County has venue over the Custody proceedings
between the above captioned parties.
The telephone number of the
Cumberland County Court Administrator is (717)240-6200;
2. Issue an Order directing that Fayette County have venue
over the Custody proceedings between the parties; and
3. Issue an Order directing that each party shall get
physical custody of the minor child for 50% of the time pending
further Order of Court and also that legal custody shall be shared.
Ray Edward Skelton proposes that pending further Order of Court each
parent shall have custody of the minor child from Sunday to Sunday
EXHiBiT "A"
'n 1",,1',
~ "~~'-~,.
. ,
with transportation of the parties being split evenly and that the
drop-off point where custody is exchanged be Breezewood, Pennsylvania.
YOFFE & YOFFE, P.C.
By
JEFFREY N. YOFFE, ESQUIRE
Attorney for Defendant
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
EXHiBIT "A"
'"
" " " , .'''~ h
Co ~.
RAY EDWARD SKELTON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
FAYETTE COUNTY, PENNSYLVANIA
VS.
NO.
CYNTHIA CARROL SKELTON,
Defendant
IN CUSTODY
ORDER
You, Cynthia Carrol Skelton, have been sued in Court to obtain
custody of the minor child, Michael Charles Skelton.
You are hereby
Ordered
to
appear
in
person
at
on
.M., for
at
a conciliation or mediation conference.
a pretrial conference
a hearing before the Court.
I f you fail to appear as provided by this Order, an Order for
custody, partial custody or visitation may be entered against you or
the Court may issue a warrant for your arrest.
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.
Lawyer Referral Service
Fayette County Bar Association
84 East Main Street
Uniontown, PA 15401
(724)437-7994
EXHIBIT liB"
,
"
,,~ "-
'''''ii;,
AMERICAN WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Fayette County is required by law to
comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable accommodations
available to disabled individuals having business before 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.
Date:
BY THE COURT
J.
YaFFE & YaFFE, P.C.
By
JEFFREY N. YOFFE, ESQUIRE
Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
EXHIBIT "8"
'l
,- '~~I",I'
. .
RAY EDWARD SKELTON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
FAYETTE COUNTY, PENNSYLVANIA
VS.
NO.
CYNTHIA CARROL SKELTON,
Defendant
IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Ray Edward Skelton, residing at 1127 Miller
Hill Road, Indianhead, Fayette County, Pennsylvania 15446.
2. The Defendant is Cynthia Carroll Skelton, residing in Camp
Hill, Cumberland County, Pennsylvania.
3. Plaintiff seeks primary physical custody and shared custody
of Michael Charles Skelton, born October 8, 1997.
Currently he is
residing with mother in Camp Hill, Cumberland County, Pennsylvania.
4. The child was not born out of wedlock.
5. During the past five years the child has resided with the
following persons at the following addresses:
a. from October 8, 1997 until November 8, 2000, with
Cynthia Carroll Skelton and Ray Edward Skelton at 1028 Penn Craft
Road, East Millsboro, PA 15433. The minor child did reside with
maternal grandparents, Cynthia Carrol Skelton and Ray Edward Skelton,
at the home of maternal grandparents, for two or three weeks after his
birth at the request of maternal grandmother who wanted to spend time
wi th the minor child.
For this two or three week period, however,
Cynthia Carroll Skelton and Ray Edward Skelton never gave up their
residence on Penn Craft Road. They were living at that address before
they visited with maternal grandparents (after the minor child's
birth) and they went back to that residence after two or three weeks.
~'::Yf<n. RiB. IT "B"
tL....~.v"t ~ I
.
.<0'"
.
b. from November 8, 2000 until February 6, 2001 the minor child
resided 50% of the time with Ray Edward Skelton and 50% of the time
with Cynthia Carroll Skelton. During this period, Ray Edward Skelton
resided at 1127 Miller Hill Road, Indianhead, Fayette County,
Pennsylvania 15446. The other half of the time the minor child
resided with Cynthia Carroll Skelton.
c. Subsequent to February 6, 2001 the minor child has
resided with Cynthia Carrol Skelton with the exception of the weekend
February 16 through February 18, 2001.
6. The mother of the child is Cynthia Carroll Skelton who
currently resides in Camp Hill, Cumberland County, Pennsylvania.
7. She is married.
8. The father of the child is Ray Edward Skelton who currently
resides at 1127 Miller Hill Road, Indianhead, PA 15446.
9. He is married to Cynthia Carroll Skelton.
10. Ray Edward Skelton is the father of the aforesaid minor
child. He currently resides with his parents at 1127 Miller Hill
Road, Indianhead, PA 15446.
11 . Cynthia Carrol Skelton is the mother of the minor child.
She currently resides with the minor child in Camp Hill, Cumberland
County, Pennsylvania. She also resides with Nina Evett.
12. A Custody action has been filed in Cumberland County,
Pennsylvania on or around February 16, 2001. A copy of the Complaint
(which is actually a Count of a Divorce Complaint) is attached hereto
as Exhibi t "A".
EXHIBIT "8"
,
, .
'''0
,,-, ,~
>~
~?
13. Ray Edward Skelton filed Preliminary Obj ections in
Cumberland
County,
Pennsylvania
challenging
Cumberland
County,
Pennsylvania exercising venue in that action. A copy of that pleading
is attached hereto as Exhibit ~B".
14. 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.
15. The best interest of the minor child would be served by
granting primary physical custody of the child to Ray Edward Skelton.
From approximately the Spring of 1999 until November 8, 2000, Ray
Edward Skelton was the primary caretaker of the minor child. The
minor child is more closely bonded with Ray Edward Skelton.
16. Each parent whose parental rights to the child have not been
terminated have been named as parties to this action.
YOFFE & YOFFE, P.C.
By
JEFFREY N. YOFFE, ESQUIRE
Attorney for Defendant
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
EXHIBIT liB"
,~ ~
CYNTHIA CARROLL SKELTON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 01-969 Civil Term
RAY EDWARD SKELTON,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
The undersigned certifies that on the date indicated below he
served the foregoing preliminary obj ections and counterclaim on the
below individual. Service was accomplished by depositing the same in
the United States Mail, First Class, Postage Prepaid and addressed as
follows:
Richard C. Gaffney,
2120 Market Street,
Camp Hill, PA 17011
Esq.
Suite 101
Date: March 2, 2001
YOFFE & YOFFE, P.C.
By 4:K!J~
~FFR N. YoFfE, ESQUIRE
Attorney for Defendant
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
"
J,I...I
~ Ct:
, . .
VERIFICATION
I hereby state that I am an adult individual who is authorized
to make this verification and that the facts set forth in the attached
are true to the best of my knowledge, information, and belief. I
understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to
authorities.
!
Skelton
.~
--I _I
,. -, , "I ~I ~ '
"",," '-/::;.~
MAY 1 8 2001
rr
CYNTHIA CARROLL SKELTON,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-969
RAY EDWARD SKELTON,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this 15th day of May, 2001, the parties having agreed to a Continuance on
March 23, 2001, and having made no further requests for an additional Custody Conciliation
Conference date, the Conciliator hereby relinquished jurisdiction of the above-captioned
matter.
FOR THE COURT,
M issa Peel Greevy, Esquire
C stody Conciliator
~~~~Iia~~.itoii!t4UL;i?'"'-"',;,~"'-~<oll4hll!!IlHI,,,,,,:ti'i;&!~.ldliIli~ c ~':Irli.iliiit" ,"'...;'
~UI,lny'l-
~c "
r.:tr:..\\j.... 1"r.~\
\ \'\\~\~'i ',t"-,\,,\(\\P'\
(r\-J:'~~,:,r"-::' ' '\ ,-/
",. '
s'A
-." \.. .....,
\-'\-\
'..~ \<0 ' .
\\ \ \\~.\,-; \\\\"\
...; ,\,', \J.jJ
<-\:o;,J~\~ '11\\'-\.\1\
C\.\\~?i\-l.'0.S'{""
,~ ..
()";-
~if
""
,'<~'
^,=., "~, ,"",
....
.~~"~