Loading...
HomeMy WebLinkAbout09-2494 DAVID M. GRACEY, JR., Plaintiff, VS. ALLISON WOODWARD, Defendant. IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 - Aqq Civil (etw. CIVIL ACTION - LAW - CUSTODY COMPLAINT - CUSTODY FILED ON BEHALF OF THE PLAINTIFF: DAVID M. GRACEY, JR. COUNSEL FOR PLAINTIFF: JENNIFER B. DALE, ESQUIRE I.D. No. 204821 : BMZ LAW 113 Fourth Street Huntingdon PA 16652 (814) 643-3555 T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DAVID M. GRACEY, JR., Plaintiff vs. ALLISON WOODWARD, Defendant COMPLAINT FOR PARTIAL CUSTODY 1. Plaintiff, David M. Gracey, Jr., hereinafter referred to as "Father", resides at 123 Country Club Road, Mount Union, Mifflin County, Pennsylvania, and is the natural father of the minor child, Sophia Noelle Gracey, born February 16, 2008. 2. Defendant, Allison Woodward, hereinafter referred to as "Mother", resides at 239 West Ridge Street, Carlisle, Pennsylvania, and is the natural mother of Sophia Noelle Gracey. 3. Plaintiff seeks partial physical custody of the minor child. The child was born out of wedlock. The child is presently in the custody of the Natural Mother, who resides at the respective residence set forth above. The child has resided with the following persons and at the following addresses: Name Address Dates David M. Gracey, Jr. Allison Woodward Allison Woodward 251 Market Street Camp Hill PA 17011 251 Market Street Camp Hill PA 17011 From birth to April 2008 From April 2008 to May 2008 No. 2009 - Allison Woodward 251 Market Street From May 2008 to March Jeremy Wayanns Camp Hill PA 17011 2009 Allison Woodward 239 West Ridge Street March 2009 to present Jeremy Wayanns Carlisle PA 17013 4. The relationship of Plaintiff to the child is that of Natural Father. The Plaintiff currently resides with the following persons: Name None Relationship 5. The relationship of Defendant to the child is that of Natural Mother. The Defendant currently resides with the following persons: Name Jeremy Wayanns Relationship Paramour 6. Plaintiff has not participated as a parry or as a witness, or in any other capacity, in other litigation concerning the custody of the child in this or in another Court. 7. Plaintiff has no information concerning a custody proceeding concerning the child pending in a Court of this Commonwealth or in any other state. 8. Plaintiff does not know of a person not party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interests and permanent welfare of the child will be served by granting the relief requested for the following reasons: a. Since the birth of the child, the child has spent extended periods of time with natural father and his family; b. Natural mother has unilaterally decided to exclude father from periods of custody with the child; C. Natural father is in a position to provide a stable, loving and caring environment for the child. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him partial physical and legal custody of the minor child, Sophia Noelle Gracey. Respectfully submitted, BMZ LAW BY. DC Jennifer B. Dale, Esquire Supreme Court ID #204821 Attorney for Plaintiff 113 Fourth Street Huntingdon PA 16652 DATE: 41 \k H (814) 643-3555 VERIFICATION Plaintiff verifies that the statements made in the foregoing Complaint for Partial Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. r ? David M. acey, Jr. oarEO `//?/°? 23'x; 20 Fri 5 Cua, ,,t.,.Y. 41105.50 Po ATTI Gc,? 3x17 ? as yoa? C.a?/16 U 6 DAVID M. GRACEY, 7R. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2494 CIVIL ACTION LAW ALLISON WOODWARD IN CUSTODY DEFENDANT ORDER OF COURT' AND NOW, Friday, April 24, 2009 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 28, 2009 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: /s/ Hubert X. Gilroy ,Es q. kfA 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 RLCD-_.0 ``C;1 OF THE 2009 APR 27 A' O: 28 0"a 00. eorr ,r-A't?.4 A . w..??d. L JUN 0 Z 2009 DAVID M. GRACEY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION -LAW ALLISON WOODWARD, NO. 2009-2494 Defendant IN CUSTODY ORDER ?1z AND NOW, this ,D day of May, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. /-, '-'41 ?_( V, I I - w Hubert X. Gilr , Esquire Custody Co Bator FILED E m OF 'M 2009 JUN --3 Pry 2: 2 m{ ,-,, ;,. CAI ?t) !,.f