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HomeMy WebLinkAbout08-5453(~~ ' .. TAMBREY ANNE STRICKLAND, Plaintiff vs. TIMOTHY FRANCIS DOWNEY and, DANA SHROY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . NUMBER: 08 - 5'f53 C iv ~~ Ter -•., IN CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, TAMBREY ANNE STRICKLAND, by her attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is TAMBREY ANNE STRICKLAND, who currently resides at 25 South Washington Street, Shippensburg, County of Cumberland, Pennsylvania. 2. Defendants are TIMOTHY FRANCIS DOWNEY, an adult individual currently residing at Dauphin County Prison, 501 Mall Road, Harrisburg, County of Dauphin, Pennsylvania; and DANA SHROY, an adult individual currently residing at 631 Oak Circle, Harrisburg, County of Dauphin, Pennsylvania. 3. Plaintiff seeks to have rights of primary physical and legal custody with respect to CONNER PATRICK DOWNEY, born August 2, 2008. The child was born out of wedlock. The child is presently in the custody of Plaintiff, TAMBREY ANNE STRICKLAND. Since birth the child has resided with the following persons and at the following addresses: From birth until the present with the plaintiff at 25 South Washington Street, Shippensburg, Pennsylvania. The mother of the child is DANA SHROY, who currently resides at 631 Oak Circle, Harrisburg, Pennsylvania. She is not married. The father of the child is TIMOTHY FRANCIS DOWNEY, who currently resides at Dauphin County Prison, 501 Mall Road, Harrisburg, Pennsylvania. He is not married. 4. The relationship of the Plaintiff to the child is that of paternal grandmother. The Plaintiff currently resides with the child and with her mother, Carol, her daughters, Sarah, age 15, Elizabeth, age 3, and Jennifer, age 23. 5. The relationship of the Defendants to the child is that of natural parents. The natural father is currently incarcerated. The natural mother currently resides with her father, Walt Shroy. 6. The 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 in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who 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 confirming rights of primary physical and shared legal custody in Plaintiff. 8. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. 9. The parties have entered into a Stipulation, attached hereto, setting forth their agreement concerning custody of the minor child. WHEREFORE, Plaintiff requests the Court enter an Order confirming rights of primary physical and legal custody in Plaintiff. Respectfully submitted, ~~~~~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Motion and 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 falsification to authorities. i DATE T BR ANNE STRICKLAND C J ~~ '~'~ c~a ~ p ~ ~ i"^'7 ~..... ' .~. /// ppp ~' _ ~ ~G ~ ~ V'~ V 1 ~ _ _~_4 V ~ rT kt _~ •~ 6. J . TAMBREY ANNE STRICKLAND, Plaintiff vs. TIMOTHY FRANCIS DOWNEY and, DANA SHROY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NUMBER: v ~- 5`l S 3 ~.~Q `~-e~,~. IN CUSTODY MnTinN NOW COMES the Plaintiff, TAMBREY ANNE STRICKLAND, by and through her attorney, Charles E. Petrie, and respectfully represents as follows: 1. That Plaintiff is TAMBREY ANNE STRICKLAND, an adult individual currently residing at 25 South Washington Street, Shippensburg, County of Cumberland, Pennsylvania. 2. That Defendants are TIMOTHY FRANCIS DOWNEY, an adult individual currently residing at Dauphin County Prison, 501 Mall Road, Harrisburg, County of Dauphin, Pennsylvania; and DANA SHROY, an adult individual currently residing at 631 Oak Circle, Harrisburg, County of Dauphin, Pennsylvania. 3. That Plaintiff is the paternal grandmother and Defendants are the natural parents of a minor child, CONNER PATRICK DOWNEY, born August 2, 2008. 4. That the parties have entered into a Stipulation concerning the matters of custody and visitation with respect to the minor child, and the said Stipulation is attached hereto. 5. That the parties desire that said Stipulation be entered as an Order of Court. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order pursuant to the attached Stipulation. Respectfully submitted ,~~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff TAMBREY ANNE STRICKLAND, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NUMBER: 0 ~` S'~-t S 3 'C,w~ ~'t"-,,..` TIMOTHY FRANCIS DOWNEY and, DANA SHROY, Defendants IN CUSTODY STIPULATION AQrREEMENT, made this 15~ day of September, 2008, by and between TIMOTHY FRANCIS DOWNEY, hereinafter referred to as "Father;" and DANA 8HROY, hereinafter referred to as "Mother;" and TAMBREY ANNE BTRICKLAND, hereinafter referred to as ~Cuatodial Parent;" WITNE88ETH: WHEREAS, the parties hereto are the natural parents of a minor child, CONNER PATRICK DOWNEY, born August 2, 2008; and WHEREAS, the parties have reached an agreement concerning the issues of custody and desire that this Stipulation be entered as Order by the Court of Common Pleas of Dauphin County, Pennsylvania; NOW, THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. Custodial Parent, TAMBREY ANNE STRICKLAND, shall have primary physical and legal custody of CONNER PATRICK DOWNEY, born August 2, N `=' ~.. ~~ ~ r..,- ~ ~ f'1` '' ~ '~ r ~ C : S ~, S_ ~' y r"a ~ ~~ N :..~ ~ c:a cra