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HomeMy WebLinkAbout01-6073LINDA M. CARL, : Plaintiff : V. : _. CHARLES H. CARL, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.~7.~ CIVIL ACTION IN CUSTODY COMPLAINT FOR CUSTODY The plaimiffis Linda M. Carl, residing at P.O. Box 95, Plainfield, Cumberland County, Pennsylvania. 2. The defendant is Charles H. Carl, residing at 428 N. 2na Street, Lykens, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Residence Age Danielle M. Carl P.O. Box 95, Plainfield, PA 16 Derek C. Carl P.O. Box 95, Plainfield, PA 14 Joey C. Carl P.O. Box 95, Plainfield, PA 11 Dalton J. Carl P.O. Box 95, Plainfield, PA 9 One child was bom out of wedlock and three of the children were not. The children are presently in the custody of Mother who resides at P.O. Box 95, Plainfield, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons Charles and Linda Carl Linda Carl Foster care(Danielle Carl) Linda Carl List All Addresses Dates Collierg Avenue, Tower City, PA 97-98 Collierg Avenue, Tower City, PA 98-99 Unknown Jan. 98- Aug. 99 437 W. Main St., Elizabethville, PA 99-2001 2001-Present Linda Carl & Dominic Rattenni Plainfield, PA The mother of the children is Linda M. Carl, currently residing at P.O. Box 95, Plainfield, PA. She is married. The father of the children is Charles H. Carl, currently residing at 428 North 2nd Street, Lykens, PA. He is married. 4. The relationship of plaintiffto the children is that of mother. The plaintiff currently resides with the following persons. Name Relationship Danielle M. Carl Daughter Derek C. Carl Son Joey C. Carl Son Dalton J. Carl Son Dominic Rattenni Boyfriend 5. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons. Name Unknown at this time Relationship Cumberland County Children and Youth currently has a file pending on Danielle M. carl, who was in foster care from January 1998 to August of 1999. The case was closed and Plaintiff re-opened it. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children for three years. Plaintiffis best able to provide the care and nurture which the children need for healthy development. 8. Defendant has recently been released from Schuylkill County Prison where he was incarcerated for a sex offense crime, involving one of the minor children named in this action. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody in the Mother with no visitation in the Father and Plaintiff respectfully requests that the Father not be allowed to pick the children up at school or any other location. Respectfully submitted, Date: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~-~904 relating to unsworn falsification to authorities. Il Linda M. Carl, Plaintiff LINDA M. CARL, Plaintiff V. CHARLES H. CARL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaimiff do hereby certify that I this day served a copy of the Complaint for Custody upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Charles H. Carl 428 N. 2nd Street Lykens, PA Ruby D. Weeks, Esquire Children and Youth Services 10 West High Street Carlisle, PA 17013 Karl E. Rominger, Esquire Attorney for Plaintiff Dated: L0~:L I D!UD^IASUUecl '~nqsJequJoqO ~ 10/!. DlUD^IASUt~ed 'elS!I'DO leeJ~,~ Ul?lN qpoN L leeJl.$ .te^OUOl),~ qlno~ gg l UJO~'MDIJeDUitUOJ~MDI o LUOO't'~3Pe0uluJoJ'MAiJ* ~ZOC"LW'ZLZ :XV~ ' 06~0'I'CZ'00~ ' LINDA M. CARL PLAINTIFF V. CHARLES H. CARL DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-6073 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Tuesday, October 30, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 29, 2001 at 1:30 PM 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, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: ~si facqueline M. Verney. Esq. ,.~,/Vx Custody Conciliator U' 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 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. 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 LINDA M. CARL, Plaintiff V. CHARLES H. CARL, Defendant DEC 0 4 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ : NO. 2001-6073 CIVIL TERM : CIVIL ACTION - LAW : ' IN CUSTODY ORDER OF COURT AND NOW, this {[ day of :.~:~'~ ,2001, upon consideration of the attached Custody Concihat~n Report, it is ordered and directed as follows: 1. Mother, Linda M. Carl, shall have sole legal custody of Danielle M. Carl, born Jtme 15, 1985, Derek C. Carl, bom August 31, 1987, Joey C. Carl, born September 24, 1990 and Dalton J. Carl, bom July 10, 1992. 2. Mother, Linda M. Carl, shall have sole physical custody of Danielle M. Carl. 3. Mother, Linda M. Carl, shall have primary physical custody of Derek C. Carl, Joey C. Carl, and Dalton J. Carl. 4. Father shall have periods of partial physical custody of Derek, Joey and Dalton as follows: A. Any Sunday for a period not to exceed eight (8) hours, provided Father give 14 days prior written notice of the time and date to Mother. B. Such other times as the parties agree. C. It is recommended that another adult accompany Father during his periods of partial physical custody. 5. Transportation shall be shared such that the parties shall meet for pick up and drop off at McDonald's on High Street in Carlisle, Pennsylvania. The parties shall wait thirty (30) minutes beyond the designated time for pick up and drop off to allow for traffic delays. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Karl E. Rominger, Esquire, counsel for Mother Charles H. Carl, pro se ~ . 428 N. 2nd Street ~4~(~)~a~ Lykens, PA17048 12'll-Oi ~.~ LINDA M. CARL Plaintiff V. CHARLES H. CARL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-6073 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME Danielle M. Carl Derek C. Carl Joey C. Carl Dalton J. Carl DATE OF BIRTH CURRENTLY INCUSTODY OF June 15, 1985 Mother August 31, 1987 Mother September 24, 1990 Mother July 10, 1992 Mother 2. A Conciliation Conference was held in this matter on December 4, 2001. The following people were present at the conference: Mother, Linda M. Carl was present with her counsel, Karl E. Rominger, Esquire. Father, Charles H. Carl was present pro se. 3. The parties agreed to the entry of an Order in the form as attached. Date Custody Conciliator