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HomeMy WebLinkAbout07-4500 Mindy S. Goodman Attorney at Law 2215 Forest Hills Drive Suite 35 Harrisburg, PA 17112 (717) 540-8742 MATTHEW L. RUTH, Plaintiff v. SHANNON M. CARBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this ~ ~-~`'` day of ~ ~-~ , 2007, comes the Plaintiff, MATTHEW L. HUTH, by and through his attorney, Mindy S. Goodman, Attorney at Law, and files this Complaint for Custody. 1. The Plaintiff s current address is 12 Courtland Road, Camp Hill, Cumberland County, Pennsylvania, and he lives with no one other than the minor child who is the subject of this action. 2. The Defendant's current address is unknown; however, Plaintiff believes that Defendant is receiving mail at her mother's home, which is located at 446 Quarry Road, New Cumberland, York County, Pennsylvania. 3. Plaintiff and Defendant are the parents of one minor child, born out of wedlock, whose name and date of birth are as follows: LAELANA LYNN HUTH DoB December 20, 2004 4. Prior to filing this Complaint, Plaintiff and Defendant were sharing custody of the minor child on an equal basis according to a schedule the parties had agreed upon; however, in the past couple of weeks Defendant has not complied with the verbal agreement and has been interfering with Plaintiff's custodial time with his daughter. 5. Not only is Plaintiff concerned that Defendant is reducing his time with his daughter, but Plaintiff believes that he is better prepared and equipped to assume primary care of the minor child. 6. Plaintiff has the means, desire and ability to care for the minor child and while in his care, the child will be afforded the greatest opportunity to grow spiritually, physically and emotionally, and in support thereof avers as follows: a. Plaintiff maintains the home where the minor chid has resided for the past year, while Mother has no stable home for herself and the minor child and Defendant believes she is currently residing with a friend and her infant daughter. b. Plaintiff has a stable job and stable home environment, which is essential for the child's development physically and emotionally. c. Defendant has acted in a manner specifically designed to frustrate Plaintiffs custodial time with the minor child and if Plaintiff obtains primary custody he will ensure that Defendant maintains a healthy and continuous relationship with the minor child. 7. Plaintiff feels that a Court ordered custodial schedule is necessary so that Defendant will be unable to continue with her efforts to make the child unavailable to Plaintiff during what is supposed to be his custodial time. 8. Since the child's birth, the children has lived at the following addresses with the following individuals: a. May of 2007 through the present -the minor child has lived with Plaintiff at his Courtland Road home during his periods of custody and Defendant has refused to provide Plaintiff with an address of where she is living while she has custody of the minor child; b. May of 2006 through May of 2007 -the minor child lived with Plaintiff and Defendant at 12 Courtland Road, Camp Hill, Pennsylvania; c. For approximately one year prior to moving to Camp Hill, the minor child lived with Plaintiff and Defendant on the Carlisle Pike in Mechanicsburg; d. For approximately one year prior to moving to Mechanicsburg, the minor child lived with Plaintiff and Defendant in Newville, Pennsylvania. 9. Plaintiff is unaware of any custody action concerning the child pending in a court of this Commonwealth of any other state. 10. Plaintiff is unmarried at the present time. 11. Defendant is unmarried at the present time. 12. The relationship of Plaintiff to the child is that of natural father. 13. The relationship of Defendant to the child is that of natural mother. 14. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the minor child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of the action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him shared legal and primary physical custody of the minor child who is the subject of this petition. Respectfully submitted, _.~.~~2.~ ~ mot---- Mindy S. Goodman Attorney at Law 2215 Forest Hills Drive -Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for the Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. /l/2~G~2~~ ~ y~~~ Matthew L. Huth C~ "~' .-~ ~~ ~ ~ ~~ t3~ Q ~r' ~ V ~ W O b ~' ty-~ ~ `~~ ~ ~ - ~ ~ ._.. ~ ~ '~ N ~ t t c .- 6' U1 ~ o a 0 'r! 0 d MATTHEW L. HUTH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON M. CARBAUGH DEFF,N RANT • 07-4500 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 03, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 04, 2007 at 8:30 AM for aPre-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 fve 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: /s/ ac ueline M. Verne 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 available to disabled individuals having business before the court, please contact our oftice. 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 UNE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELUW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~,,/ gale ~v ~ ~ ~~ ~,,,~°~` ~ ~, ,-, - P;!~1~' ~~L~N~!-~1.v`~;~ 31~1~ ~fl CEP 007 MATTHEW L. HUTH, : IN THE COURT OF COMMON PLEA OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4500 CIVIL ACTION -LAW SHANNON M. CARBAUGH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 30th day of August, 2007, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq line M. Verney, Esquire, C tody Conciliator Q ~r E.t.] ~ i ~ f~ ~ k ~~.~' .. ..a. _ ~ ;...... ~ ';~ ~~ - ~` :;~' "" ~$ ~~~