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HomeMy WebLinkAbout09-7126 JUSTIN M.. GALLO, Plaintiff vs. AMANDA TRITT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 09. ?/.Z4 Civil Term IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Justin M. Gallo, (hereinafter referred to as "Father"), who currently resides at 175 Witmer Road, Shippensburg, Cumberland County, Pennsylvania, 17257. He is twenty-three (23) years old. 2. Defendant is Amanda Tritt, (hereinafter referred to as "Mother"), who currently resides at 473 King Street, Shippensburg, Cumberland County, Pennsylvania, 17257. She is twenty-three (23) years old. 3. Plaintiff is the Father of the following child and seeks a custody Order regarding the following child: NAME DOB/AGE ADDRESS Trinity Larae Gallo 10/2/04 473 King St., Shippensburg, Pa. 17257 Mother currently has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Amanda Tritt 473 King St. 2006 - 2009 Josh Weaver Shippensburg, Pa. 17257 Jesse Straitifs (Cumberland County) Amanda Tritt 512 Meadow Dr. 2004 - 2006 Shippensburg, Pa. 17257 (Franklin County) The mother of the child is Amanda Tritt. She currently resides at 473 King Street, Shippensburg, Cumberland County, Pennsylvania, 17257. She is not married. The father of the child is Justin Gallo. He currently lives at 175 Witmer Road, Shippensburg, Cumberland County, Pennsylvania, 17257. He is not married. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with his mother, Lori Witmer. 5. The relationship of the defendant to the child is that of Mother. The defendant currently lives with the child. 6. 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 other than as follows: There was a prior complaint and court Order issued in Franklin County, under docket no. FR 2006 - 3561 on April 26, 2006. Neither party now lives in Franklin County, and Father is requesting this case proceed in Cumberland County Other than as provided herein, Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The prior court Order provided minimal physical custody for Father. The child is now older, and Father is more mature and more stable. Father is also extremely concerned about Mother's living situation and the many roommates she has had in her home over the past few years. Father is requesting primary custody of the child as he believes this would be in the best interest of the child at this time. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody Order regarding the child. Date: c? Respectfully submitted, d"a a Adams, Esquire I. V. No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Petition 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. Date: A0 A G Ju n M. Gallo, P aintiff FlLD- `"F,10E nr- t rnr;- i, 1CQ9 OCT 19 Ai i 10: 5 Z 6 v / d 04 $At A-V JUSTIN M. GALLO IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA TRITT DEFENDANT 2009-7126 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 27, 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, December 03, 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. ,CA 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 OF THE ITH, ' 7ARY 2009 OCT 27 Pty 2., 4 I PC f gSi`,WA'- !A /0 37-&/)'Y