HomeMy WebLinkAbout09-5834ALLISON A. FLYTHE
Plaintiff
V.
ANTHONY L. FLYTHE
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 6?- S?, 3 y , &)r/
CIVIL ACTION - LAW
IN DIVORCE
CUSTODY COMPLAINT
AND NOW, comes Plaintiff by and through her counsel, Andrew H. Shaw, and brings
this Custody Complaint:
1. Plaintiff is an adult individual residing at 370 Channing Drive, Chambersburg,
Franklin County, Pennsylvania.
2. Defendant, Anthony L. Flythe, is an adult individual residing at 146 Fayette Street,
Fayetteville, Franklin County, Pennsylvania.
3. Although both parties are now residents of Franklin County, the parties desire for this
custody matter to be with this Court, as the parties have a current divorce matter
pending with this Court.
4. Plaintiff seeks custody of the following child (hereinafter "Child"):
a. Parker Riley Flythe; age 8 months old (DOB: December 16, 2008);
5. The Child was not born out of wedlock.
6. The Child is currently residing with Plaintiff at 370 Channing Drive, Chambersburg,
Pennsylvania.
7. During the past five years, the Child has resided with the following persons and at the
following address:
IA
a. 2780 Francis Scott Key Highway, Taneytown, Maryland with Plaintiff (from birth
to May 2009);
b. 370 Channing Drive, Chambersburg, Pennsylvania with Plaintiff May 2009 to
Present);
8. Plaintiff is the mother of the Child, and is currently married to, but separated from,
Defendant.
9. Defendant is the father of the Child.
10. 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.
11. Plaintiff has no information of a custody proceeding concerning the Child pending in
a court of this Commonwealth or any other state.
12. 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.
13. The best interests and permanent welfare of the Child will be served by granting the
relief requested because of the following facts:
a. Defendant does not intend to take custody of the Child;
b. Plaintiff has solely cared for the Child since birth.
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. There are no other persons known to have or claim a right to custody or
visitation of the Child.
WHEREFORE, Plaintiff requests this Court award sole legal and physical custody of
the Child to Plaintiff, and award periods of visitation to the Defendant, as the parties
mutually agree.
Respectfully submitted,
Date: o/ 97 By:
ew H. Shaw, Esquire
Sup. Ct. ID No.: 87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717) 243-7135
(717) 243-7872 (facsimile)
Attorney for Plaintiff
VERIFICATION
I, Allison A. Flythe verify that the statements made in this Complaint are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities.
Date: n _ V S
Allison A. Flythe
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ALLISON A. FLYTHE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
NO. 09-5834 CIVIL
ANTHONY L. FLYTHE,
Defendant IN DIVORCE
ORDER
AND NOW, this 3'J` day of September, 2009, it appearing that both parties and the
child are residents of Franklin County and that Pa.R.C.P. 1920.2 does not permit the parties to
agree upon an alternative venue, the custody complaint filed in this matter is transferred to
Franklin County. The costs of said transfer to be borne by the plaintiff.
BY THE COURT,
Kev' A. Hess, J.
Andrew H. Shaw, Esquire
For the Plaintiff
Anthony Flythe
Defendant
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