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HomeMy WebLinkAbout08-5141 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103-1624 (717) 238-5707 JESSICA R. REED, Plaintiff V. TIMOTHY R. REED Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Jessica R. Reed, residing at 22 West Beale Avenue, Enola, Pennsylvania, 17025, Cumberland County. 2. The defendant is Timothy R. Reed, residing at 211 Third Street, Huachuca City, Arizona, 85616, Cochise County. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW CUSTODY / VISITATION . NO. Dr- S? y CP1I f?r1 3. Plaintiff seeks custody of the following child(ren): Name Present Residence Age Elijah James Reed 22 West Beale Ave., Enola, PA 17025 6 Emma Rose Reed 22 West Beale Ave., Enola, PA 17025 3 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103-1624 (717) 238-5707 The children were not born out of wedlock. The children are presently in the custody of Plaintiff. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Timothy Reed & Jessica Reed 182 Monterey Rd. July 2002-October 2, 2002 Seaside, CA 93955 Timothy Reed & Jessica Reed 1452 Redmond Ave October 2002-June 2003 North Pole, AK 99705 Timothy Reed & Jessica Reed 4226 599' St. June 2003-June 2005 Ft. Waintwright, AK 99703 Timothy Reed & Jessica Reed 102 Nelson Cir. July 2005-March 2006 Ft Huachuca, AZ 85613 Jessica Reed 15 Lynewood Building March 2006-June 2007 Middletown, PA 17057 Jessica Reed 22 W. Beale Ave. July 2007-September 2007 Enola, PA 17025 Jessica Reed & Thomas Berstler 22 W. Beale Ave. September 2007 - Present Enola, PA 17025 The mother of the children is Plaintiff. She is divorced from Defendant. The father of the children is Defendant. He is divorced from Plaintiff, and currently re- married. 2 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103-1624 (717) 238-5707 4. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: Name Relationship Elijah James Reed Son Emma Rose Reed Daughter Thomas Berstler Boyfriend 5. The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: Name Relationship Hope C. (Berry) Reed Wife 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because the children have resided with Plaintiff continuously since birth. Defendant resides in Arizona, and is moving to Washington State, while Plaintiff resides in Pennsylvania, making any type of shared custody impractical. Defendant is in the military and tends to move often. Defendant had the opportunity to choose a duty station on the east coast, closer to Plaintiff and the children, and instead chose a duty station in Washington State. With 3 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103-1624 (717) 238-5707 the exception of a three hour visit with Elijah in May of 2007, Defendant has not seen or visited the children in the past two years. Additionally, Elijah Reed has been diagnosed with autism and has underdeveloped muscle tone and motor skills, and requires additional medical care, which Plaintiff has arranged and coordinated. 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. 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 this action and the right to intervene: None. WHEREFORE, Plaintiff requests the court to grant custody of the children. Respectfully submitted, Weisberg Cummings, P.C. Date YarrPA;eisberg, Esquire Sup. Ct. I.D. #83410 2041 Herr Street Harrisburg, PA 17103-1624 (717) 238-5707 (717) 233-8133 (FAX) Attorney for Plaintiff 4 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103-1624 (717) 238-5707 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. § 4904 relating to unsworn falsification to authorities. Dated: ?n . 2,LQ , 2008. ss R. Reed 5 c-? ?T. Z Mr, 1?+ r JESSICA R. REED IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA. V. TIMOTHY R. REED DEFENDANT • 2008-5141 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 02, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 23, 2008 at 10:00 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. All children al;e five 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/ John J. Mangan, Jr., Esq. //_Y& 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 v Tino I :I I ? C- l?s ODOZ 'A 47u "irv : IN THE COURT OF COMMON PLEAS OF JESSICA R. REED, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION -LAW V. CUSTODY / VISITATION TIMOTHY R. REED Defendant NO. 2008-5141 ACCEPTANCE OF SERVICE I accept service of the Complaint for Custody. I certify that I am authorized to accept service on behalf of the defendant. Date BY: /30 - 4)0,51P- Ch+ v2G.? 6r2 6C- 7-Sd?'Te' /D o Di ?cs3 y2 ^y AFC'/? Mailing Address i..f, -? ?. E71 ? 77 T