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HomeMy WebLinkAbout08-2675McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Audrey L. Buglione Attorney ID No. 206587 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor _mwn.com abuglione _mwn.com Attorneys for Plaintiff JUSTIN BODNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ASHLEY CARRICATO, Defendant CIVIL ACTION NO. 0. L 7,<CIVIL TERM IN 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 after this complaint and notice are served, by entering written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 ebra D. Cantor Dated: April 2S 2008 Attorneys for Plaintiff, Justin Bodner McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Audrey L. Buglione Attorney ID No. 206587 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantort7mwn.com abuglione _mwn.com Attorneys for Plaintiff JUSTIN BODNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO. aP-.26 7s' CIVIL TERM ASHLEY CARRICATO, IN CUSTODY Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Justin Bodner, an unmarried, adult individual currently residing at 436 Trooper Court, Virginia Beach, Virginia 23451. 2. Defendant is Ashley Carricato, an unmarried, adult individual currently residing at 416 W. Keller Street, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff seeks custody or partial custody of the minor child, Preston Maxwell Carricato, born December 11, 2007, who has been residing with Defendant at 416 W. Keller Street, Mechanicsburg, Pennsylvania since his birth. 4. The child was born out of wedlock. Plaintiff and Defendant are not now, and never have been, married to each other. Neither Plaintiff nor Defendant is married to anyone else. -2- 5. The relationship of Plaintiff to the child is that of Father and son which has been confirmed by paternity testing (attached as exhibit). 6. The Plaintiff currently resides with the following people: A. Jason Brown - roommate B. Michael Richter - roommate 7. The relationship of Defendant to the child is that of Mother and son. 8. The Defendant currently resides with her grandmother, whose name is unknown. 9. 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. 10. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 11. 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. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The child will benefit from a relationship with his father. Father has been asking mother to allow him time with the child ever since the child's birth; however, Mother has unreasonably refused to allow father to spend any time with the child except in her or the Maternal Grandmother's homes and only when the Mother or Maternal Grandmother is present. B. Father has a supportive network of family members who are also eager to establish a relationship with the child, but who have been denied that opportunity -3- due to Mother's refusals to allow Father to spend time with the child away from Mother's home without Mother present. C. Mother's actions have deprived and continue to deprive the child of a relationship with his father and his paternal relatives. 13. 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. There are no other persons who are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant Plaintiff custody of the minor child. Respectfully submitted, McNEES WALLACE & NURICK LLC B dlaVa . C for Attorney ID No. 66378 Audrey L. Buglione Attorney ID No. 206587 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile Dated: April 2S'2008 Attorneys for Plaintiff -4- EC,p yE ; 1 1 2008 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 APRIL 18, 2008 Fax: (717) 240-6248 JUSTIN BODNER 436 TROOPER CT VIRGINIA BEACH VA 23451-5422 Plaintiff Name: ASHLEY E. CARRICATO Defendant Name: JUSTIN BODNER Docket Number: 00034 S 2008 PACSES Case Number: 378109727 Other State ID Number: 0003833612 Please note: All correspondence must include the PACSES Case Number. Case Status Dear JUSTIN BODNER In an effort to keep you informed concerning the progress of the above case the following information is provided: PLEASE FIND ENCLOSED THE GENETIC TEST RESULTS FOR THIS CASE. YOU CANNOT BE EXCLUDED AS THE BIOLOGICAL FATHER OF THE CHILD AND THE PROBABILITY OF PATERNITY IS 99.999.. THE ORIGINAL OF THESE RESULTS HAS BEEN MAILED TO VA WITH A REQUEST THAT THEY ENTER AN ORDER. THANK YOU. CC: AUDREY BOGLIONE ely, Form EN-545 v1 Service Type M Worker ID 21505 ORCHID GENETIC TEST REPORT Staci Snyder GS Case/Test Set: 1036013 / 828427 Cumberland County Domestic Relations Customer Number: 0003452008 13 North Hanover Street P.O. Box 320 378109727 Carlisle, PA 17013 Race Specimen ID Specimen Collection Mother: CARRICATO, ASHLEY Caucasian 1868369 03/25/2008 Child: CARRICATO, PRESTON 1868370 03/25/2008 Alleged Father: BODNER, JUSTIN KEITH Unspecified 1875668 04/11/2008 Combined Paternity Index = 9,086 to 1 Conclusion Probability of Paternity = 99.99% The alleged father, JUSTIN KEITH BODNER, cannot be excluded as the biological father of PRESTON CARRICATO. Based on the genetic testing results, the probability of paternity is 99.99% when compared to an untested unrelated man of the North American population. (Prior Probability = 0.5). At least 99.99% of the North American population is excluded from the possibility of being the biological father of the child. Alleged Paternity System Mother Child Father Index D3S1358 15, 17 17,18 15, 18 3.42 vWA 16,17 15,17 15, 18 2.35 FGA 24,27 21,24 21,22 2.82 D8S1179 12, 16 12 12, 13 3.40 D21S11 30 30 28,30 1.94 D18S51 15, 16 16 16, 18 2.78 D16S539 11 11 11 3.14 THOI 6, 9.3 6,7 6,7 1.23 D2S1338 17,19 17,20 17,20 3.70 D19S433 14, 16 14 13, 14 1.53 I certify that the foregoing testing was conducted in accordance with the standard protocol and the results contained herein are true and correct to the best of my knowledge. Donna J. Housley, t3 l., Ass fate Laboratory Director April 15, 2008 u Accredited by the AABB 2947 Eyde Parkway East Lansing, MI 48823 800-443-2383 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: i4pf i/ a3 , 2008 )us1r)in ?Bodner FEB-12-2008 12:53PM From: MWN LLC ID:PARADIGM INC Pa9e:007 R=91% NIN r?2 JUSTIN BODNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ASHLEY CARRICATO DEFENDANT 2008-2675 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 30, 2008 , 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, May 27, 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: Is/ 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 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 JUSTIN BODNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO. 08-2675 CIVIL TERM ASHLEY CARRICATO, IN CUSTODY Defendant AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Divorce Complaint in the above matter on behalf of Defendant, Ashley Carricato. P. is and agner, Esquire Dated:J -6 -, 2008 MAY ! 82006 _/ JUSTIN BODNER, Plaintiff V. ASHLEY CARRICATO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-2675 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this hd day of A Cr , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Justin Bodner and the Mother, Ashley Carricato, shall have shared legal custody of Preston Maxwell Carricato, born December 11, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have a phased in period of visitation and partial physical custody as follows: A. May 27, 2008 from after the Conciliation Conference until 1:30 p.m. Mother shall be present during Father's visitation. B. May 31, 2008 from 12:00 noon to 9:30 p.m. and June 1, 2008 from 10:30 a.m. to 5:00 p.m. Mother shall be present during Father's visitation, but Father may have some time alone with the child. C. June II and 13, 2008 from 5:00 p.m. to 9:30 p.m. Mother shall be present, but Father may have some alone time with the child. D. June 21, 2008 at 10:30 a.m. to June 22, 2008 at 5:00 p.m. and June 28 and 29, 2008 at the same times and place. Father shall pick up the child and Mother and they shall spend the weekend at paternal Grandparents' home. Father may have some alone time with the child. E. Thereafter, Father shall have alternating weekends at the same times and place as indicated in Paragraph 3D. If the child is still uncomfortable with Father, Mother shall accompany Father and child to paternal Grandparents' home for one more weekend. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for August 22, 2008 at 9:30 a.m. BY THE COURT, J. cc: Debra D. Cantor, Esquire, Counsel for Father AP. Richard Wagner, Esquire, Counsel for Mother C6 cf s vn*.t LECL I f2./ds qlu? ;vi a :01 ?Wv Z Nrlf 390 2 MAY 8 8 2008 JUSTIN BODNER, Plaintiff V. ASHLEY CARRICATO, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-2675 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Preston Maxwell Carricato December 11, 2007 Mother 2. A Conciliation Conference was held in this matter on May 27, 2008, with the following in attendance: The Father, Justin Bodner, with his counsel, Debra D. Cantor, Esquire, and the Mother, Ashley Carricato, with her counsel, P. Richard Wagner, Esquire. 3. The parties agreed to an Order in the form as attached. S -a8-v ? Date cM. Verney, Esquire Custody Conciliator NOV 0 5 2008' JUSTIN BODNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2675 CIVIL ACTION - LAW ASHLEY CARRICATO, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 4`" of November, 2008, being advised that the parties have resolved the issues to be discussed at the conciliation conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, 9 Y ac eline M. Verney, Esquire, C ody Conciliator a c?