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HomeMy WebLinkAbout09-0595LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com ALEK D. PADGETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : FAMILY DIVISION V. NATALIE JONES, : NO. Defendant : ACTION IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a 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 a 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of The Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Please of York County is required by law to comply with the Americans with Disabilities 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. AVISO USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibib la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o por abogado y presentar en la Corte por escrito sus defenses o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. 2 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of The Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. 1-800-990-9108 3 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com ALEK D. PADGETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : FAMILY DIVISION V. NATALIE JONES, : NO. 5- C %? . Defendant : ACTION IN CUSTODY COMPLAINT FOR CUSTODY AND NOW COMES the Plaintiff Alek D. Padgett, by and through his attorneys, The Law Offices of Peter J. Russo, P.C., and respectfully submits the following in support of Plaintiff's Complaint for Custody: 1. The Plaintiff is Alek D. Padgett, residing at 91 Hillside Circle, Camp Hill, Cumberland County, PA 17011. 2. The Defendant is Natalie Jones, residing at 109 W. George Street, York, York County, PA 17313. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Krhistine O. Jones 91 Hillside Circle 01/12/1992 Camp Hill, PA 17011 (17 yrs old) 4. The child was born out of wedlock. 4 5. The child is presently in the custody of Alek D. Padgett, who resides at 91 Hillside Circle, Camp Hill, PA 17011. 6. During the past five years, the child has primarily resided with the following persons and at the following addresses: Persons Addresses Duration Alek D. Padgett 91 Hillside Circle January 2009 - Present Thanh Padgett Camp Hill, PA 17011 Alexsondrick D. Padgett, II Lexus A. Padgett Natalie Jones 109 W. George Street January 12, 1992 - Dezmon Jones York, PA 17313 Present Shadi Cummings Devona (last name unknown) 7. The Mother of the child is Natalie Jones, currently residing at 109 West George Street, York, PA 17313. The Mother is divorced. 8. The Father of the child is Alek D. Padgett, currently residing at 91 Hillside Circle, Camp Hill, PA 17011. The Father is married. 9. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Name Relationship Thahn Padgett Wife Alexsondrick D. Padgett, II Son Lexus A. Padgett Daughter Krhistine O. Jones Daughter 5 10. 11. 12. 13. 14. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Name Relationship Dezmond Jones Son Shadi Cummings Foster child Devona (last name unknown) Foster child 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. The Court, term and number, and its relationship to this action is: Not applicable. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action is: Not applicable. 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. The name and address of such person is: Not applicable. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including but not limited to the following: a. Father has a stable home environment that is safe and appropriate for primary custody of the child; 6 b. The child desires to permanently reside with Father and to continue to attend East Pennsboro High School, which is the school district in which Father resides. 15. 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: Name Address Basis of Claim Not applicable. Wherefore, Plaintiff Alek D. Padgett respectfully requests the Court to grant the following: a. That this matter be scheduled for a custody conciliation; b. That Mother and Father have shared legal custody; c. That Father have primary physical custody and Mother be granted periods of partial physical custody as the Court finds appropriate; and d. Any other relief this Court finds just and proper. Respectfully submitted, THE LAW OFFICE OF PETER J. RUSSO, P.C. Elizab6th J(,%Aylbr, Esquire Attorney I.D. No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: a.131O`-?A 7 . VERIFICATION I, Alek D. Padgett, verify that the statements made in this Complaint for Custody 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. o Date: s0 ZOM • ` Alek D. Padgett 8 Y n ? Q \ Vl Q. n ? ALEK D. PADGETT PLAINTIFF V. NATALIE JONES DEFENDANT ORDER OF COURT AND NOW, Monday, February 69, 2009 , upon considerat it is hereby directed that parties and their respective counsel appear before Dawn at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, M; for a Pre-Hearing Custody Conference. At such conference, an effort will be made if this cannot be accomplished, to define and narrow the issues to be heard by the c order. Failure to appear at the conference may provide grounds for entry of a temp of the attached Complaint, Sunday, Esq. , the conciliator, h 12, 2009 at 9:00 AM resolve the issues in dispute; or 't, and to enter into a temporary 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 sc eduled hearing. FOR THE COURT. By: /s/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by la to comply with the Americans with Disabilites Act of 1990. For informatio.9 about accessible facilities and re sonable accommodations available to disabled individuals having' business before the court, please conta t 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 NCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPH NE 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 IN THE COURT OF COMM N PLEAS OF CUMBERLAND COUNTY, ENNSYLVANIA 2009-595 CIVIL ACTION LAW . IN CUSTODY Dawn S. J - 41 1.0 ZG :I Wd 6-63d 6602 _?a-b r ?©-,y- z° 6&--7-6 - r ALEK D. PADGETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : FAMILY DIVISION V. . NATALIE JONES, : NO. 09-595 Defendant : ACTION IN CUSTODY I,yiD 1 • Sw?z-fN , being duly sworn according to law, that I am over 18 years of age and not a party to the above-captioned action, served and made known to I &'% VL SW4ES on the isT th day of MALL4 , 2008-'a 3'-y5 a.m/10 at 109 W QF_0A...)C C-YT- , ?OC . A . 1-13 13 a Custody Complaint issued in the above entitled case in the manner described below: Personally delivered them into the hands of the person to be served [ ] Adult family member with whom that person resides. Relationship is [ ] Agent or person in charge of person's office or usual place of business AFFIDAVIT OF SERVICE [ ] Other. Description of Recipient Sex: frevjKL.E Skin Color: LIG T 5VC- 'J Hair Color: L2(xNT Facial Hair: W04C Age: $b Height (approx.): 5 , $ Weight (approx.): 155 r ? Signature Title Badge/ID # (if any) Address: 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Phone Number: (717) 591-1755 *-41 ON -0 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com ALEK D. PADGETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : FAMILY DIVISION V. NATALIE JONES, Defendant NO. 09-595 ACTION IN CUSTODY PRAECIPE TO WITHDRAW CUSTODY COMPLAINT TO THE PROTHONOTARY: Please withdraw the Custody Complaint filed by Plaintiff on February 4, 2009, in the above-captioned matter. Respectfully submitted, THE LAW OFFICE OF PETER J. RUSSO, P.C. r` 7 Elizabe ay or, Esquire Attorney I.D. No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Date: 3 OT Facsimile: (717) 591-1756 -?? y LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com ALEK D. PADGETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : FAMILY DIVISION V. NATALIE JONES, : NO. 09-595 Defendant : ACTION IN CUSTODY CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the Complaint for Custody upon the person(s) and in the manner indicated below: US Regular Mail Natalie Jones 109 W. George Street York, PA 17313 Pro se defendant Courtesy copy to Assigned Conciliator Dawn Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Date: 311(0 10? Ashle 0- Sipe, aralegal e? J ni m <c MIN ?, MAR 2 0 2000( ALEK D. PADGETT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-595 CIVIL ACTION LAW NATALIE JONES Defendant IN CUSTODY ORDER AND NOW, this 17Th day of March, 2009 , the conciliator, being notified by counsel that Plaintiff is withdrawing his Custody Complaint, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for Friday, April 3, 2009 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator film L n M ?1..