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HomeMy WebLinkAbout09-6312IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HORACE CARRYL, CIVIL ACTION Plaintiff74.09- /z L T-?--"' V. GEM CARRYL, CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Horace Carryl who currently resides at P.O. Box 772, 106thMed Det. (VS) 15513, APO AP 96218. 2. The defendant is Gem Carryl who currently resides at 1,13 Erford Road, Camp Hill, Pennsylvania, which is in Cumberland County, Pennsylvania. 3. The plaintiff is seeking custody of the following children: Name Residence A90 Horacia Reneka Carryl 773 Erford Road, Camp Hill 12, (DOB 2/11/1997) Imani Mandela Carryl 773 Erford Road, Camp Hill 1 (DOB 10/26/190,8) e children were not born out of wedlock. Th For the past five years, the children have resided with the following persons and at the following addresses: (List all Persons) (List all Addresses) (Dates) Gem 773 Erford Road, Camp Hill summer 2009 Present Gem 615 Ricketts Road, Mech, PA winter 2008 Summer 200 Gem and Horace 615 Ricketts Road, Mech, PA 2005- Winter 2008 The mother of the children is Gem Carryl, currently residing at 773 Erford Road, Camp Hill, Pennsylvania. She is divorced. The father of the children is Gem Carryl, currently serving in the ,I military. He is divorced. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following person other than he children. None. ?I!I 5. The relationship of defendant to the children is that of mother The defendant currently resides with the following person other than the children. None. 6. Plaintiff has not participated as a party or witness or in another, lll capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 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 visitat o n rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: Plaintiff is willing and able to perform the primary parental responsibilities for the children. Plaintiff is in the best position to provide the care and nurture whpch the children need for healthy development due to the defendant's lack of housing and resources. IIII 8. 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 the court to grant him custody of the minor children. Respectfully submitted ri D. Coover, Esquire Attorney ID 92385 44 S. Hanover Street Carlisle, PA 17013 ?I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HORACE CARRYL, CIVIL ACTION Plaintiff . V. CUSTODY GEM CARRYL, Defendant ATTORNEY VERIFICATION I, Sheri D. Coover, Esquire hereby verify that the statements made!, in this Complaint have been relayed to me by my client, Horace Carryl, Who has sworn to me that they are true and correct. I understand that fooe statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. D. Coover, Date: Q 1009 S' P 22? I l :, u?? aa6gy3 3 ' HORACECARRYL PLAINTIFF V. GEM CARRYL DEFENDANT AND NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-6312 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Friday, October 02, 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, October 29, 2009 at 10:30 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 . 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 FILED-Orr CE OF THE PhOT;'- n"NOTARY 2009 OCT -2 PM 3: 11 ?c?ati:l;u=??? vUCVTY PENNSYLVANIA .?? -a lota_r_? Z 4 ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HORACE CARRYL, CIVIL ACTION Plaintiff V. GEM CARRYL, CUSTODY Defendant CUSTODY STIPULATION/ORDER AND NOW, this day of , 2009, it is hereby stipulated and agreed between the parties as follows: 1. Horace Carryl (hereinafter referred to as "Father") and Gem Carryl (hereinafter referred to as "Mother) are the parents of Horacia Reneka Carryl (DOB 2/11/1997) and Imani Mandela Carryl (DOB 10/26/1998). 2. Legal custody as defined by the Act of October 30, 1985, P.L. 264, 23 P.S. § 5301 et.seq. will be shared by Father and Mother. Major decisions concerning the children, including but not limited to the child's education, health, welfare, upbringing and religious training shall be made by the parties jointly. 3. Father shall have primary physical custody of the minor children. 4. Mother shall exercise periods of partial custody with the children as agreed upon by the parties. 11 5. While in the presence of the children, no party shall make or permit to be made by any person, any derogatory or uncomplimentary remarks about the other parent or any statement intended to estrange the children from the other parent. 6. Mother and Father shall have liberal and reasonable telephone contact with the children while the children are in the custody of the other parent. The parties agree to provide each other with their addresses and phone numbers and will notify each other within five (5) days if they change either. The parties agree that they will have the children return any calls made by the other parry to the child which have been missed within twenty-four hours after they have been made. 7. The parties agree to share transportation of the children to effectuate the afore- mentioned custody exchanges. 8. The custodial parent shall provide to the non-custodial parent any and all information regarding the children's educational progress, religious training, mental health, physical health, welfare and social events. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSTH: Witness e? Hora 1 Witness Gem Carryl wrf" THE ARME??Dpp FORCES TA%%. ff E ALTH OF PENNSYLVANIA: : SS COUNTY OF PENNSYLVANIA On this ??day of S-e ,e?,--,2009, before the undersigned officer appeared HORACE CARRYL known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed this agreement for the purposes therein contained. 0 2 pUB + IN WITNESS WHEREOF, I hereunto set my hand and official seal. 10 -?7Z U.S.G. bn Q[u7 Y$??j(?SC 10448 4 C,emmWiM lndefinito Until (Od 1,40 COMMONWEALTH OF PENNSYLVANIA: Retlremer?t or RAmonitim : SS COUNTY OF PENNSYLVANIA On this day of , 2009, before the undersigned officer appeared GEM CARRYL known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC (SEAL) . - 4? , 4 . *a- b- 1qp`' 1tfT Ilk .. .4 F?.+..a IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSTH: Witness "1 1, 1 ? ?N L\?? Witn ss Horace Carryl /? 'Q'?I,'l Govt. G m Carryl COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PENNSYLVANIA SS On this day of , 2009, before the undersigned officer appeared HORACE CARRYL known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC (SEAL) COMMONWEALTH OF PENNSYLVANIA: COUNTY OF P \ QnC? SS On this dh day of , 2009, before the undersigned officer appeared GEM CARRYL known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer N. Grove, Notary Public Silver Spring, Tvvp., CumGa!land County My Commission EirFs Jan. 2@, 2012 Member, Pennsylvania Association of Notaries O PUBLI SEAL) F FILFD_a #--FFC Tic f'? i ?--' NOTAPY 2009 OCT -6 AM 11: 36- OCT 012009 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HORACE CARRYL, Plaintiff V. GEM CARRYL, Defendant : CIVIL ACTION CUSTODY /C - ?o 3 ORDER AND NOW, this 17' day of ocJVs 6u , 2009, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the following stipulation is entered as an Order effective this date. J. Distribution List: Sheri D. Coover, Esquire (Attorney for Plaintiff) 44 S. Hanover Street, Carlisle, PA 17013 , Gem Carryl (Pro Se' FILED- -i- GrE OF THE PPOT P"?NMAFY 2009 OCT -8 AM 9: ; 0 CLiP.t E'A 41Y PP r ! >l1d , V1 i.rYiVr p i'1''. HORACE CARRYL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW GEM CARRYL, NO. 2009-6312 Defendant IN CUSTODY ORDER AND NOW, this day of October, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Custody Concilig FILED- Ol IN ARY 2009 0 u 14 AIN l l: G'