HomeMy WebLinkAbout04-0363TIFFANY MYERS,
Plaintiff
FRANK FLOYD JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: IN CUSTODY
:: NO. 0 L(_ ~-3 CIVIL TERM
PRAECIPE TO PROCEED IN FORa'vIA PAUPERIS
Kindly allow Tiffany Myers, Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that
we believe the party is unable to pay the costs and that we are providing free legal service to the
party.
Date
Respectfully submitted,
Mary Cla~romb Kull~J --
Certified Legal Intern
· PLACE ~
INS
ANNE MACDONALD FOX
Supervising Attorneys
FAMiLY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243 -2968
TIFFANY MYERS :
Plaintiff :
FRANK FLOYD JR. :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
365
NO. CIVIL TERM
COMPLAINT FOR CUSTODY
The plaintiff., Tiflhny Myers, by her attorneys, the Family Law Clinic, sets forth the following
cause of action:
1. The plaintiff is Tiffany Myers, residing at 204 B Lincoln St., Carlisle, Cumberland
County, Pennsylvania 17013.
2. The defendant is Frank Floyd Jr., residing at 1491 Newville Rd., Carlisle, Cumberland
County, Pennsylvania 17013.
3. Plaintiff seeks custody of the following children:
Name Present Residence Date of Birth
Devante Floyd 204 B Lincoln St. Jan. 2, 1998
Carlisle, PA 17013
The child was bom out of wedlock.
The child is presently in the custody of Tiffany Myers, who resides at 204 B Lincoln St.,
Carlisle, Cumberland County, Pennsylvania 17013.
During the past five years, the child has resided with the following persons and at the
following addresses:
Persons
Tiffany Myers
Tiffany Myers &
Kaye & Gilbert Williams
Address
204 B Lincoln St.
Carlisle, PA 17013
8 Adams Rd.
Carlisle, PA 17013
Dates
Oct. 1, 2001 - present
Jan. 2, 1998 -
Oct. 1, 2001
The mother of the child is Tiffany Myers, (hereinafter "Mother"), currently residing at 204
B Lincoln St., Carlisle, PA 17013.
She is single.
The father of the child is Frank Floyd Jr., (hereinafter "Father"), currently residing at 1491
Newville Rd., Carlisle, PA 17013
He is single.
4. The relationship of the plaintiff to the children is that of Mother. Mother resides with
the following persons:
Name Relationship
Devant¢ Floyd Son
5. The relationship of defendant to the child is that of Father. Father currently resides
with the following persons:
Name
Frank Floyd Sr.
Beverly Floyd
Relationship
Father
Mother
6. Mother 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.
Mother has no information ora custody proceeding concerning the child pending in a court
of this Commonwealth or any other state.
Mother 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 pertnanent welfare of the child will be served by granting the relief
requested because:
a) Mother has been the primary caretaker of the child since birth;
b) Mother is best able to provide the child with a home with the necessary moral, emotional,
and, physical surroundings to meet the child's needs;
c) Mother is best able to provide the care and nurturing which the child needs for a healthy
development;
d) Mother continues to exercise parental duties on behalf of the child and enjoys the love and
affection of the child;
e) Mother is willing to grant Father periods of partial custody, in order for the child to
develop a strong parent/child relationship with both parents;
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, Mother requests that the Court to grant her shared legal and primary
physical custody of the child.
Mary~laycq4iib-Kulp
Certified Legal Intern
ANNE MACDONALD FOX
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
VERIFICATION
I verify that the statements made in this Custody Complaint are true and correct to the best
of my personal knowledge and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. 4904, relating to unsworn f~lsification to authorities.
TIFFANY MYERS
Plaintiff
FRANK FLOYD JR.
Defendant
JAN 2 § 2004
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. CIVIL TERM
ORDER
AND NOW, this ~ day o£~, 2004, the £ollowing Custody
Agreement is approved and entered as an Order of Court.
TIFFANY MYERS
Plaintiff
FRANK FLOYD JR. :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 04-363 CIVIL TERM
PROOF OF SERVICE
Understanding that the making of any false statement would subject her to the
penalties of 18 Pa. C. S. §4904 (relating to unswom falsification to authorities), the
undersigned verifies that the Family Law Clinic mailed a true copy of the Divorce
Complaint to the Defendant by placing the same in the U.S. iMail, certified no.7002 0860
0001 5847 8431, restricted delivery, return receipt requested, postage prepaid, on the 10th
day of February, 2004, addressed as follows:
Frank Floyd Jr.,
1491 Newville Road
Carlisle, PA 17013
Sender's receipt number 7002 0860 0001 5847 8431 is attached hereto and incorporated by
reference.
On or about the 12th day of February, 2004, green return receipt number 7002 0860
0001 5847 8431 was delivered to the Family Law Clinic, bearing the signature of Frank
Floyd Jr., and showing a date of service of the 1 lth of February, 2004. The return receipt is
attached hereto and incorporated by reference.
FAMILY LAW CLINIC
45 N. Pitt St
CaAisle, PA 17013
(717) 342-2968