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Home My WebLink About08-0709LEEMARIE DIGGS, IN THE COURT OF COMMON PLEAS OF Plaintiff. CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08- 76q CIVIL TERM TERRY L. DIGGS, Defendant. CUSTODY COMPLAINT FOR CUSTODY AND NOW, TO WIT, this 31S` of January, 2008, comes the Plaintiff, LEEMARIE DIGGS, by her attorneys, CARRUCOLI AND ASSOCIATES, PC, Esquires, and by KELLY M. DICK, Esquire, and files the following Complaint for Custody, whereof the following is a statement: 1. The Plaintiff is LEEMARIE DIGGS, an adult individual, who currently resides at 119 Herman Avenue, Lemoyne, Pennsylvania, 17043. 2. The Defendant is TERRY L. DIGGS, an adult individual, who is currently incarcerated at the Dauphin County Prison, 501 Mall Road, Harrisburg, Pennsylvania, 17111. 3. The Plaintiff and Defendant are the natural parents of the minor child: SYDNEY MARIE DIGGS, whose date of birth is December 1, 2000. 4. The Plaintiff is LEEMARIE DIGGS, the natural Mother of the child. She resides with her biological mother, the minor child's maternal grandmother. 5. The Defendant is TERRY L. DIGGS, the natural Father of the child. 6. The parties were married on December 1, 1999. A final divorce decree was entered on October 19, 2007. 7. The Mother currently has primary physical and legal custody of the minor child by oral agreement, and the Father has periods of partial physical custody. The Plaintiff Mother seeks an order providing for sole legal and physical custody of the minor child. 8. The Plaintiff believes it is in the child's best interest to have a set custody arrangement. 9. There has been no prior action for custody or visitation by any of these parties in this or any other jurisdiction. 10. The Plaintiff knows of no other person not a party to these proceedings who has physical custody of the child or who claims visitation rights. it. Each parent whose parental rights to the children 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 children have been given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests your Honorable Court to enter an order granting Petitioner Mother sole legal and physical custody of the minor child, SYDNEY MARIE DIGGS. Respectfully Submitted, CARRUCOLI & ASSOCIATES, PC By: l4 , ,D , ?. Kelly . Dic , Esquire Attorney for Plaintiff Supreme Court I.D. No. 93167 875 Market Street, Suite 200 Lemoyne, Pennsylvania 17043 (717) 761-1274 Attorneys for Plaintiff t . +- VERIFICATION 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. C.S. Section 4904, relating to unsworn falsifications to authorities. Date: 22- MARIE c , ul t F1 LEEMARIE DIGGS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TERRY L. DIGGS DEFENDANT 2008-709 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 11, 2008 , 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, March 13, 2008 at 8:30 AM 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy Es q. 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 ?tl/ 'r?ayC, 4ow.-O 80.11 •? AN-) Ass { U `w ' a u d ^?3?HI LEEMARIE DIGGS, : IN THE COURT OF COMMON PLEAS OF Plaintiff. : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-709- CIVIL TERM TERRY L. DIGGS, Defendant. : CUSTODY CERTIFICATE OF SERVICE I, Kelly M. Dick, Esquire, hereby certify that I served a copy of the Custody Complaint and Order upon the following individual by Certified Mail, Return Receipt Requested and by First Class U.S. Prepaid Postage on the 15th day of February, 2008. A copy of the Receipt is attached hereto. Terry L. Diggs c/o Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 Pro Se Defendant Respectfully submitted, e y q Supreme Court ID No. 93167 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorneys for Plaintiff CARR COLI & ASSOCIATES, PC K 11 M. Di Es uire 4 r 1 ru ,.? CO rCl Postage $ tified Fee C ti.i I? A / 0 f p er t Fee Recei r R t '' ere D C3 p e u n (Endorsement Required) % %O 0 Restricted Delivery Fee (Endorsement Required) %0 00 t7 ? Total Postage 8 Fees t. i5 V 4 SQ m r Sent To C?0 Da-c v? Cfi . -er .._.t?... -- - - -- -- C3 ?treet,,?t. No PO B -------- - r%- -- . _ -- ox or __...___.._ •. - ----------- Clt1b Sfate, ZfP+4 >../I . hl i 'I.l t i ` t ¦ Complete items 1.2. and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space permits. a Ig sl 13 Agent ? Addressee i B. (P~ ) C. Date of Del D. Ia delivery address different from Item 11 ? Yes If YES, enter delivery address below: ? No Terry L. Diggs c/o Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 3 cermw Mall ? Express Mall ? Registeled ? Return Receipt for Merdrandise ? Insured!Mail ? C.O.D. 1. Article Addressed to: 14. Restricted Delivery? (Extra Fee) ? Yes 2. Article NumbW 7007 3020 0001 1089 2240 (Aarrsferr fmm service tabs/) Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-W1540 r?? ?? .-:? ?: `'?t -? .-.4 t?,7 r_ ` i i _? -_ - r;,e? ?: __ -? c? 5 'APR 22 20p6? LEEMARIE DIGGS, Plaintiff v TERRY L. DIGGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-709 IN CUSTODY COURT ORDER ?d AND NOW, this Z, day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Leemarie Diggs, and the father, Terry L. Diggs, shall share legal custody of Sydney Marie Diggs, born December 1, 2000. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary custody of the minor child at such time and under such circumstances as agreed upon by the parties. 4. Upon the father's release from prison and in the event he is unable to work out a satisfactory temporary custody arrangement with the mother at that time, father may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, J. cc: ? Kelly M. Dick, Esquire -ferry L. Diggs .?/?a?lv8 tt Z/ i1 ?Y7 Ij''? 33(? LEEMARIE DIGGS, Plaintiff v TERRY L. DIGGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-709 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Sydney Marie Diggs, born December 1, 2000. 2. A Conciliation Conference was held on April 17, 2008, with the following individuals in attendance: The mother, Leemarie Diggs, with her counsel, Kelly Dick, Esquire. The father did not appear. He is incarcerated in Dauphin County Prison. He made some contact with the Conciliator stating his position. It is uncertain when he will get out of prison at this point. 3. The Conciliator recommends an Order in the form as attached. ?? cz-? Date: ? ? Hubert X. Gilroy, squire Custody Con ' ator