HomeMy WebLinkAbout09-3796WENDY K. MURRAY,
Plaintiff
vs.
WILLIAM MURRAY,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04- 3 799, CciLj
IN DP9!GRe-E
et"7b dy
COMPLAINT IN CUSTODY
AND NOW comes the Plaintiff, WENDY K. MURRAY, by her attorney, Samuel L.
Andes, and makes the following Complaint for Custody:
1. The Plaintiff is WENDY K. MURRAY, an adult individual who resides at 511 Carol
Street in New Cumberland, Cumberland County, Pennsylvania.
2. The Defendant is WILLIAM MURRAY, an adult individual who resides at 604
Heritage Court in Mechanicsburg, Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant are formerly husband and wife.
4. The Plaintiff and Defendant are the parents of two minor children, Madison Ruth
Murray, born 30 May 2003 and now age 6, and Evan Ralph Murray, born 24 April 2006, and
now age 3.
5. Plaintiff seeks an award of shared legal ad primary physical custody to her of the
children.
6. The children were not born out of wedlock and at the time of this Complaint.
7. During the past five years, the minor children have resided with the following persons
at the following addresses:
May 2003 - January 2007
511 Carol Street
New Cumberland, PA
Plaintiff & Defendant
January 2007 - present 511 Carol Street Plaintiff only
New Cumberland, PA
8. The mother of the children is the Plaintiff who resides at the address set out above.
9. The father of the children is the Defendant who resides at the address set out above.
10. The Plaintiff is the natural mother of the children. Plaintiff currently resides with the
children at the address listed above.
11. The Defendant is the natural father of the children. Defendant's exact living
arrangements are not known.
12. The Plaintiff has not participated as a party or in any other way in any litigation
concerning the custody of the children in this or any other court.
The Plaintiff has no information of a custody proceeding concerning the children pending
in a court of this or any other jurisdiction.
Plaintiff knows of no other person not a party to this action already who has physical
custody of or claims to have custody or visitation rights to the said children.
13. The best interests and permanent welfare of the children will be served by granting
the relief requested by Plaintiff for the following reasons:
A. Plaintiff has been the primary care provider for both children since
their birth.
B. Since the parties' separation, Plaintiff has continued to be the primary
care provider for the children and the children have lived primarily with her and
bonded primarily to her.
C. Since the parties' separation almost two and a half years ago, the
Defendant saw the children only on an irregular basis until September of 2008, at
which time the parties started a regular schedule of alternating weekends.
D. The children should remain in their present home, although they
should see their father and have regular contact with him, it is in their best interest
to continue in the primary care of Plaintiff.
14. Each parent whose parental rights to the children have not been
terminated and the person who has physical custody of the children have been
named as parties to this action.
WHEREFORE, Plaintiff requests this court to grant her the relief requested herein.
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I understand that
any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn
falsification to authorities).
Date: (,w a a
WEND K. MURRA
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing document upon the Defendant
herein by regular mail, postage prepaid, addressed as follows:
Mr. William Murray
604 Heritage Court
Mechanicsburg, PA 17055
Date: 4 June 2009
Amy . Harkins
Secretary for Samuel L. Andes
FILED-,-,, _ M
OF THE P oyT "' 3^,??-
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WENDY K. MURRAY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2009-3796 CIVIL ACTION LAW
WILLIAM MURRAY
. IN CUSTODY
DEFF,NDANT
ORDER OF COURT
AND NOW, Tuesday, June 16, 2009 ,upon consideration 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 Wednesday, July 22, 2009 at 1:30 PM
for aPre-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 Qrounds 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/ Dawn S. Sunday, Esq.
Custody Conciliator - ~j---
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 he 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 (7I7) 249-3166
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