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HomeMy WebLinkAbout09-0566CHAD E. ASHLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 011-5-1,N TRACEY ASHLEY, CIVIL ACTION - CHILD CUSTODY Defendant COMPLAINT IN CUSTODY 1. Plaintiff is Chad E. Ashley, an adult individual residing at 316 Eutaw Avenue, New Cumberland, Pennsylvania 17070. 2. Defendant is Tracey L. Ashley, an adult individual residing at 8 Mall Road, Etters, Pennsylvania 17319. 3. The parties are the natural parents of the following minor children: Eric Ashley, born July 7, 2001 and Abby Ashley, born June 25, 2005 (hereinafter, "the children"). 4. The children were not born out of wedlock. 5. The children are presently in the custody of Defendant, who resides at 8 Mall Road, Etters, Pennsylvania 17319 with her parents, David & Constance Lambert. 6. During the past five years, the children have resided with the following persons and at the following addresses: Names Addresses Dates David Lambert & Constance Lambert Tracey L. Ashley Chad E. Ashley & Tracey L. Ashley Chad E. Ashley & Tracey L. Ashley 8 Mall Road, Etters, PA 17319 11 /4/08 - present 316 Eutaw Avenue 10/04 -11/4/08 New Cumberland, PA 17070 Ridge Road, Lot #9 7/01 - 10/04 Etters, PA 17319 a 7. The mother of the children is Defendant Tracey L. Ashley, residing with the children at 8 Mall Road, Etters, Pennsylvania 17319. She is married. 8. The father of the children is Plaintiff, Chad E. Ashley, who resides at 316 Eutaw Avenue, New Cumberland, Pennsylvania 17070. He is married. 9. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently resides with the following persons: Name Relationship No one other than himself 10. The relationship of the Defendant to the children is that of mother. The Defendant currently resides with the following persons: Name Relationship David Lambert Father Constance Lambert Mother Eric Ashley Son Abby Ashley Daughter 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13. 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. 14. 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. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) the Plaintiff Father has lived continuously with his children for the past 7.5 until Mother left on November 4, 2008; b) the children are not being adequately cared for under the present arrangement. Mother is often absent, leaving the children with her parents, who have threatened to evict mother as a result of her lifestyle; c) the emotional, physical and/or spiritual development of the children will be enhanced by granting primary physical custody of the children to Plaintiff. WHEREFORE, Plaintiff requests that the Court grant to him primary physical and shared legal custody of the children, Eric and Abby. Respectfully submitted, rvl Johh M. Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Chad E. Ashley Dated: February 4, 2009 VERIFICATION The undersigned hereby states that he is the Plaintiff in the foregoing custody action and, as such, is authorized to execute this Verification and that any factual statements in the preceding Complaint are true and correct to the best of his knowledge, information and belief. He understands that false statements are subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. Chad E. Ashley CHAD E. ASHLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY TRACEY L. ASHLEY NO. Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Complaint in Custody," on the below-named individual in the manner indicated: Via Certified Mail: Tracey L. Ashley 8 Mall Road Etters, PA 17319 J n M. Kerr, Esquire 5 20 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: February 4, 2009 6 W , ns g f*7 W i -? 4 `.x7 UZ c CHAD E. ASHLEY PLAINTIFF V. TRACEY L. ASHLEY DEFENDANT IN THE COURT OF COMMN PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2009-566 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 09, 2009 , upon consideratio of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S Sunday, Esq, the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, Mar h 12, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made t resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the co rt, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a tempos ry or permanent order. The court hereby directs the parties to furnish any and all existing Prote tion from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to se eduled hearing. FOR THE COURT, By: /s/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by 1. with Disabilites Act of 1990. For information about accessible facilities and r( available to disabled individuals having business before the court, please conts must be made at least 72 hours prior to any hearing or business before the coui conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPI FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Associatiot 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 to comply with the Americans onable accommodations our office. All arrangements You must attend the scheduled PNCE. IF YOU DO NOT ONE THE OFFICE SET .4 2 1 -40-(-r y(,7-6-e ,4a•67 C Co 11 : I I WV 6- 93J 6001