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HomeMy WebLinkAbout03-3393 SAIDIS SHUFF. FLOWER & LINDSAY 26 W. High Street Carlisle, PA JOANNESWANK, HOWARD NAUGLE, Plaintiff VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO 2003 - $ $ 9--~ CIVIL IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Joanne Swank, residing at 1257 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Howard Naugle, residing at 218 Exeter Avenue, West Pittston, Pennsylvania. 3. The Plaintiff seeks custody of the following child, Eric Miller-Naugle, who resides at 218 Exeter Avenue, West Pittston, Pennsylvania. The child was not born out of wedlock. The child is presently in the custody of Father, who resides at 218 Exeter Avenue, West Pittston, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: NAME Howard Naugle, Father Joanne Swank, Mother ADDRESS 218 Exeter Avenue West Pittston, PA, 1257 W. Trindle Road Carlisle, PA FROM/TO Oct. 30, 2002 to present Birth to Oct. 30, 2002 The mother of the child is Joanne Swank, Plaintiff currently residing at 1257 West Trindle Road, Carlisle, Pennsylvania. SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA She is married. The father of the child is Howard Naugle, Defendant, currently residing at 218 Exeter Avenue, West Pittston, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following person(s): her husband. 5. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following person(s): his wife and the child. 6. Plaintiff has participated as a party or witness, or in any other capacity in other litigation concerning the custody of the child in this or another jurisdiction. In 1991 or 1992, a custody Order was entered in Luzerne County, Pennsylvania, but neither party retains a copy. 7. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of the Commonwealth except for the case referenced in Paragraph 6 above. 8. The 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 the child has special needs. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Slreet Carlisle, PA 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, the Plaintiff requests this Court to grant primary physical custody of the child to the Plaintiff. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff 26 VVe_.sM~ i ~lh Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W, Hi[ih Street Carlisle, PA VERIFICATION I, the undersigned, hereby veri~ that the statements made herein are true and correct. I understand that false statements herein are made subiect to the penalties of 18 Pa. C.S. § 4904, relating to, nsworn falsification to authorities. [J Joanne Swank Date: "t-'l - o'~ ,] U I. 0 9 2003 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Streel Carlisle, PA JOANNE SWANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - CUSTODY NO. :2003- 5:~¢'~ CIVIL dOWARD NAUGLE, : Defendant : IN CUSTODY STIPULATION OF THE PARTIES The parties hereto stipulate as follows: J. The parties hereto are Joanne Swank, who resides~.t 1.~57 ~est Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter Mother, and Howard Naugle, who resides at 218 Exeter Avenue, West Pittston, Luzerne County, Pennsylvania 18641, hereinafter Father. 2. The parties are parents of a child, Eric Miller-Naugle, born August 23, 1989. 3. From December 22, 200'1 until October 30, 2002, the child resided in Cumberland County with Mother with the exception of a one-month period of time when he resided with Father. Subsequent to October 30, 2002, the child has resided with Father. 4. Father will have legal custody of Eric Miller-Naugle. Father shall have physical custody o1: the child. Mother shall have partial custody of the child at such times as the parties can agree. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street 7. A prior Order of Court was entered into by the parties in Luzerne County, Pennsylvania in 1991 or 1992, but neither party has a copy of that Order presently. ILIoward Nau'gle, F~her Date: ~'///~ / Witness: Jo~nne Swank, Mother Date: Witnessing, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA JUN 0 J, 2003 JOANNE SWANK, VS. HOWARD NAUGLE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 2003- 339..,~ CIVIL IN CUSTODY ORDER OF COURT AND NOW, this /o~*' day of ~',,&/ , 2003, upon consideration of the within Stipulation of the Parties, the terms of said Stipulation are hereby made an Order of Court, By the Court,