Loading...
HomeMy WebLinkAbout07-2876Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARGARET K. MCHUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v JOSEPH J. MCHUGH, Defendant CIVIL ACTION LAW N0.2007 - 01- g7(. ct~~) ~crn IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Margaret K. McHugh, Plaintiff is an adult individual currently residing at 118 Parker Street, Carlisle, Cumberland County, Pennsylvania. 2. Joseph J. McHugh, Defendant is an adult individual whose address is 116 Pine Tree Drive, Newville, Cumberland County, Pennsylvania, and is currently residing at Allenwood Federal Correctional Complex in White Deer, Pennsylvania. 3. Plaintiff seeks custody of the child, Aedan K. McHugh, who was born on May 12, 1995. The child was born during the parties' marriage. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: 4. The relationship of the Plaintiff to the child is that of Mother. She is married and living separately. The Plaintiff currently resides with the following: Name Relationship Aedan Son 5. The relationship of the Defendant to the child is that of Father. He is married and living separately. The Defendant currently resides with the following: Defendant is in prison at Allenwood Federal Correctional Complex in White Deer, Pennsylvania. 6. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 7. The Plaintiff has no information of a custodyproceeding concerning the child pending in any other court. 8. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because: she can best provide a stable and nurturing environment for her son. 9. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to sign an Order consistent with the Stipulation and Proposed Order filed simultaneously with this Complaint. MARTSON L~A~V OFF~ES By Huli~ Gilroy, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: May 14, 2007 VERIFICATION I, Hubert X. Gilroy, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for Plaintiff Margaret K. McHugh, in the within action, certify that the statements made in the foregoing Complaint for Custody are true and correct 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. Section 4904 relating to unsworn falsification to authorities. Hube .Gilroy, Esquire ~' 6'~ ~~ ~.y. ~ c `~-' ~',. J d O t~ C% r._: ~= --v ~" -.:. ~~ ~rs :~~~ r~~ ~, .; .~` ~ , ...'. q 1...~ .-~ _~ '7l r ~ -~ .. ~,~•~, c.Ja ~ r..~ w F:\FILES\DATAFILE\General\Currrnt\11635\ 11635.5[ryulation Created: 9120104 0:06PM Revised: 4/24/07 11:06AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARGARET K. MCHUGH, Plaintiff PENNSYLVANIA v JOSEPH J. MCHUGH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION LAW . NO. ~ ~ ~' ~Ss'J (o c ~ u ~ I -~ cry STIPULATION Legal counsel for the parties hereby agree and stipulate that the Court may sign the attached Custody Order. Manson Law DATE: Apri124, 2007 By// (~ Hubert X. Attorney 1 Martso~ ;I(roy, Esquire Plaintiff ~rdorff Williams Otto Gilroy & Faller 10 East igh Street Carlisle, PA 17013 (717) 243-4574 ~~ DATE: 7i 2007 By h Michael A. Scherer, squire Attorney for Defendant O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (717) 249-6873 c` ._.~ .~ -. ' ,"' -L"7 i ~ , ~ } ~ ~ z =r P .... ~ 3 C! 1 . c - ^ LA/ ' `~~~~~ ~,~ i ~ ~. ~`'' ,~ • . F:\FILES\DATAFILE\General\Current\I163S11635.Custody Order Creazed: 9/20/04 0:06PM Revised: 5/14/07 0:26PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MAY 18 20071' MARGARET K. MCHUGH, Plaintiff v. JOSEPH J. MCHUGH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007 - ~Q'~ (, IN CUSTODY ORDER CIVII. ACTION LAW AND NOW, this l1,Rdday of I~ ay 2007, upon consideration of the attached Stipulation signed by legal counsel for the p iesart , it is ordered and directed as follows: 1. The father, Joseph J. McHugh, and the mother, Margaret K. McHugh, shall enjoy shared legal custody of Aedan K. McHugh, born May 12, 1995. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child at such and under such circumstances as agreed upon by the parties. 3. This Order shall be deemed to be sufficient authority for the mother to obtain a passport for the minor child without the signature of the father. 4. This Order may be modified at anytime, and any party who desires a modification of this Custody Order may Petition the Court to have the case scheduled for a conference with a Custody Conciliator. cc: ~-Iubert X. Gilroy, Esquire ~chael A. Scherer, Esquire ~ BY THE COURT, ~r[ 1~ ' sq rr~~ ,~ i ~ `~t.1R~~...J