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Home My WebLink About07-7081r Elizabeth B. Stone, Esquire Supreme Court No. 60251 Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Tel.# 717.774.7435 Attorneys for the Plaintiff TONIA M. MULL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER A. ANDERSON, Defendant . NO. 7-70 : CIVIL ACTION - CUSTODY 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, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, 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 32 South Bedford Street, Carlisle, PA 17013-3302 Telephone: (717) 249-3166 -2- Elizabeth B. Stone, Esquire Supreme Court No. 60251 Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Tel.# 717.774.7435 Attorneys for Plaintiff TONIA M. MULL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER A. ANDERSON, Defendant NO. 07. '70,'1 l e - CIVIL ACTION - CUSTODY MPLAINT FOR CUSTODY 1. The Plaintiff is TONIA M. MULL, an adult individual, who currently resides with the maternal grandparents until December 1, 2007, when she will be then residing at 427 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is CHRISTOPHER A. ANDERSON, an adult individual, residing at 1265 Sheep Bridge Road, York, York County, Pennsylvania 17406. 3. Plaintiff seeks primary physical custody of DYLAN C. MULL, who resides with his mother, the Plaintiff, TONIA M. MULL, at 427 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania, and is two years of age having been born on May 23, 2005. The child was born out of wedlock. The child is presently in the custody of the Plaintiff, TONIA M. MULL. The Plaintiff seeks majority physical custody of the child. Plaintiff agrees to shared legal custody of the minor child with the Defendant enjoying partial physical custody. -3- During the past five years, the child has resided with the following persons and at the following addresses: NAME Plaintiff 427 Geary Avenue New Cumberland, PA 17070 DATES 11-23-07 to Present Plaintiff and Defendant 1265 Sheep Bridge Road York, PA 17406 Birth to 11-23-07 The mother of the child is TONIA M. MULL currently residing at 427 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania. She is single. The father of the child is CHRISTOPHER A. ANDERSON currently residing at 1265 Sheep Bridge Road, York, York County, Pennsylvania. He is single. 4. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP DYLAN C. MULL SON, subject minor child 5. The relationship of Defendant to the child is that of father. The Defendant currently resides with the following persons: AT A T 4T'. n/a RELATIONSHIP 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. -4- Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has resided with the mother since birth who has provided a continuous living relationship with the child; and (b) The mother is able to provide a stable home and family type environment for the child allowing the child opportunity to spend time with the child's father consistent with a schedule the parties have arranged between themselves. (c)The parties are attempting to work out a schedule and custody agreement to submit to the Court for approval. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Court grant the Plaintiff majority physical custody of the child with shared legal custody to the Defendant, giving the Defendant partial physical custody. -5- STONE LaFAVER &-SHEKLETSKI J VERIFICATION Tonia M. Mull states that she is the Plaintiff/Petitioner named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. &-OL) M, vywkl- TONIA M. MULL Date: I k? Iq 01 rl'j,-,,, af Pt's t C v -4 Y' f C? TONIA M. MULL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7081 CIVIL ACTION LAW CHRISTOPHER A. ANDERSON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, December 03, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 03, 2008 at 8:30 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. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X, Gilroy. Es q. IIJ6 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '`c? s {a no P, 0.6 V ? - 330L Ol 3HI JO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONIA M. MULL 2007-7081 V. CHRISTOPHER A. ANDERSON IN CUSTODY NOTICE TO PLEAD To : Tonia M. Mull You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Date: 7)6 G vt , Dann Johns, Pa.ID #1 52 South Duke Street York PA 17401 (717) 741-4717 Attorney for Christopher Anderson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONIA M. MULL 2007-7081 V. CHRISTOPHER A. ANDERSON IN CUSTODY DEFENDANT'S PRELIMINARY OBJECTIONS 1 This Honorable Court lacks jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. In support of this conclusion, Defendant pleads: a. York County is the home county of the subject child. The child resided in York County from birth (May 23, 2005) until November 23, 2007. b. Plaintiff relocated the child to Cumberland County on December 1, 2007 in an attempt to create jurisdiction there. c. There is a prior custody order entered in York County, Pennsylvania. 2. This Honorable Court is an improper venue for the reasons aforementioned. 3. A prior court order disposing of custody of the subject child was entered by the Court of Common Pleas of York County, Pennsylvania. WHEREFORE, Plaintiffs complaint/petition for custody must be dismissed or stayed. Respectfully submitted, _C: > 7) z?? Date: Dann Johns, Pa.ID 52 South Duke Str( York PA 17401 (717) 741-4717 Attorney for Christopher Anderson I verify that the foregoing statements are true and correct based on information provided by my client-- who was outside of the jurisdiction of this Court and unavailable to verify this pleading within the time allowed for filing the pleading-as well as based on information provided by Plaintiff in proceedings before the Court of Common Pleas of York County, Pennsylvania. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. 4904 relating unsworn falsification to authorities. Date: CERTIFICATE OF SERVICE I certify that I am this day serving the foregoing document upon the person(s) and in the manner(s) indicated below, which service satisfies the requirements of Pa.R.C.P. 440: Service by mailing a copy to: Elizabeth Barron Stone, Esquire 414 Bridge Street P.O. Box E New Cumberland PA 17070 Tabetha Tanner, Esquire 1300 Market Street, Suite 10 Lemoyne PA 17043 Dann Johh9-, Attorney egistration Number 52681 52 South Duke Stre York PA 17401 741-4717 Attorney for Christopher Anderson C ?- 'Li Cif c rri "I 9 •a co T, :7 F:\DOC S\FL\CUSTODY\MULL,TONI A-praecipe forwi thdrawal Elizabeth B. Stone, Esquire Supreme Court No. 60251 Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Tel.# 717-774-7435 TONIA M. MULL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7081 CHRISTOPHER A. ANDERSON, Defendant : CIVIL ACTION - CUSTODY PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE To the Prothonotary: Please withdraw my appearance on behalf of Tonia M. Mull, the Plaintiff in the above captioned matter immediately. This filing is made with Tonia M. Mull's consent after fy?losure. Date: d S Please enter my appearance on behalf of Tonia M. Mull, tboOlPlaintiff in the above captioned matter. Date: D Tabetha A. Tanner, Esquire Attorney for Plaintiff N O TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff TONIA M. MULL, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § § NO. 2007-7081 CIVIL ACTION LAW CHRISTOPHER A. ANDERSON, § Defendant § IN CUSTODY PRAECIPE TO WITHDRAW CUSTODY COMPLAINT TO THE PROTHONOTARY: Pursuant to Rule of Civil Procedure No. 229(a), please withdraw the above- referenced Complaint in Custody and mark this matter as settled and discontinued. Respectfully submitted, Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No. 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 j ?t ` £ + n JAN 2 E 2008 /NY TONIA M. MULL, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW CHRISTOPHER A. ANDERSON, : NO. 2007-7081 Defendant : IN CUSTODY COURT ORDER AND NOW, this a? day of January, 2008, the Conciliator being advised that the Complaint has been withdrawn, the Conciliator relinquishes jurisdiction. Hubert X. Gil y, Esquire Custody Co ciliator NQ r ?a Y -- C.v