Loading...
HomeMy WebLinkAbout04-2796ELIZABETH A. iNGLE, VS. JOHN FINKEY, Plaintiff Defendant 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- .2 7 q 6, CIVIL TERM : : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Elizabeth Ingle, hereinafter, "mother." Plaintiff's permanent residence is 102 West High Street, Apartment 316, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is John Finkey, residing at 8 East Main Street, Newville, Cumberland County, Pennsylvania 17241. 3. The mother seeks a schedule for partial custody of the minor child: Name Rose Marie Finkey Present Residence 8 East Main Street Newville, PA 17241 Age 7/21/02 DOB, 2 yrs old The child, Rose Marie Finkey, was born out of wedlock. The child is presently in the custody of the father who resides at 8 East Main Street, Newville, Pennsylvania 17241. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Elizabeth Ingle John Finkey Mary Keebaugh Donald Keebaugh Donald Finkey Joe Finkey Seneca Finkey Cheyenne Finkey 8 East Main Street Newville, PA 17241 Birth - 9/02 John Finkey Mary Keebaugh Donald Keebaugh Donald Finkey Joe Finkey Seneca Finkey Cheyenne Finkey 8 East Main Street Newville, PA 17241 9/02 - present The mother of the child is Elizabeth Ingle, currently residing at 102 West High Street, Apartment 316, Carlisle, Pennsylvania 17013. She is married to Robert Anthony Holland. The father of the child is John Finkey, currently residing at 8 East Main Street, Newville, Pennsylvania 17241. He is single. 4. The relationship of plaintiff to the child is that of mother. The mother currently resides with the following persons: Name Relationship Elizabeth Ingle Self Anthony Holland Husband 5. The relationship of the defendant to the child is that of father. It is believed that the defendant currently resides with the following persons: Name John Finkey Rose Marie Finkey Mary Keebaugh Donald Keebaugh Donald Finkey Joe Finkey Relationship Self Daughter of Plaintiff and Defendant Defendant's mother Defendant's stepfather Defendant's father Defendant's brother Seneca Finkey Cheyenne Finkey Defendant's niece Defendant's niece 6. The mother 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. 7. The mother has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The mother 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. 9. The best interest and permanent welfare of Rose Marie will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has a stable home environment that is safe and appropriate for periods of visitation with Rose Marie. b) The mother lives with her husband and has supportive family members in the local area. All of these people are willing and able to contribute to the well being of the child and provide a healthy environment in which to raise Rose Marie. c) The mother's home is furnished will all of the appropriate items necessary to care for a young child, including a crib, high chair and car seat. d) The mother has enrolled in parenting classes to further educate herself in areas of child care so that she can continue to be an effective parent and a positive figure in Rose Marie's life. e) The mother is willing to communicate with and work cooperatively with the father to co-parent Rose Marie and will encourage both the mother/daughter and father/daughter relationship. f) The defendant has not acted in the best interest of Rose Marie in ways including but not limited to the following: i) The defendant has been arbitrary in deciding when and if the mother can visit with Rose Marie. ii) The defendant prevents the development of a healthy bond between the mother and Rose Marie by refusing to allow them to have regular contact with each other. iii) On at least a dozen occasions, the defendant has offered the mother time with the child, going so far as arrange dates and times, only to change his mind at the last minute and tell the mother that she cannot see Rose Marie. g) Without a custody order in place, the defendant can, and most likely will continue to deprive the mother of regular contact with Rose Marie, which will further deteriorate their relationship. 10. 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. WHEREFORE, the plaintiff requests this Corot order the following: Grant the parties shared legal custody of Rose Marie Finkey. Grant the defendant primary physical custody of Rose Marie Finkey. Grant the plaintiff periods of partial custody on alternating weekends from Friday evening until Sunday evening at times to be agreed upon by the parties. In addition, plaintiff shall have partial custody from Tuesday evening until Thursday evening during the weeks where she has no weekend custody. Plaintiff further requests any other relief that is just and proper. Respect Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION the and are made subject to the penalties of ~8 to unsworn falsification to authorities. The above-named PLAINTIFF, Elizabeth Ingle, verifies that statements made in the above complaint For Custody are true correct. Plaintiff understands that false statements herein Pa. c.s. §4904, relating ELIZABETH A. INGLE, VS. JOHN FINKEY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04- CIVIL TERM : : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served John Finkey with a Complaint For Custody on~ [~ ,2004 by certified mail, return receipt, restricted del/very, to the person and address below: John Finkey 8EastMain Street Newville, PA 17241 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to autho~ Date:./~n~ //~/ d~-'2-)t/ Signature:~--~'~ ELIZABETH A. INGLE, VS. JOHN FINKEY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04- .2 '7 ~{, CIVIL TERM : : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Elizabeth Ingle, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the party proceeding in forma pauperis~ certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ELIZABETH A. INGLE : PLAINTIFF V. JOHN FINKEY : : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2796 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Friday, June 25, 2004 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre Hubert X. Gilr~, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 16, 2004 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. All children age five or older may also be present at the conference. 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~£sq. 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 befbre the court. You must attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATFORNEY OR CANNOT AFFORD ONE, GO 2'0 OR TELEPHONE ]TIE OFFICE SET FORTH BELOW TO FIND OIFI' WHERE YOU CAN GEl' LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ELIZABETH A. INGLE, Plaintiff v JOHN FINKEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CML ACTION - LAW : : NO. 2004-2796 : IN CUSTODY COURT ORDER AND NOW, this .2 Sc ~ day of ~, ~. ,2004, upon consideration of the attached Custody Conciliation report, the following temporary custody order is entered: 1. The father, John Finkey, and the mother, Elizabeth A. Ingle, shall enjoy shared legal custody of Rose Marie Finkey, born July 21, 2002. 2. The father shah ' · · enjoy prunary physical custody of the minor child. 3. The mother shall enjoy temporary physical custody of the minor child on two occasions each week which shall be supemdsed visitation. This visitation arrangement shah be worked out between legal counsel for the parties. 4. Counsel for the parties and the Conciliator shall conduct a telephone conference call on September 30, 2004 at 9:30 a.m. At this conference call, the custody situation shah be reviewed and it wil]l be determined whether mother shall be entitled to have expanded periods of temporary custody with the minor child and it will also be determined whether supervised visitation is still required. CC: · 5~ica Diamondstone, Esquire /Amy Kruzel, Student.Attorney BY THE COURT, ~dge ELIZABETH A. INGLE, Plaintiff V JOHN FINKEy, Defendant SEP 16 : IN THE COURT OF COMMON PLEAS OF : CUMBERLtLND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : NO. 04 - 2796 : IN CUSTODY _CONCILIATION CONFF. RENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8Co), the undersigned Custody Conciliator submits the fol/owing report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Rose Marie Finkey, born July 21, 2002. A Conciliation Conference was held on August 27, 2004, with the following individuals in attendance: The mother, Elizabeth A. Ingle, with her counsel, Jessica Diamondstone, Esquire and the father, John Finkey, with his counsel, Amy Kruzel, Esquire. Based upon the recommendation of the Conciliator, the parties agree to the entry of an order in the form as attached. DATE ELIZABETH A. INGLE, Plaintiff V JOHN FINKEY, Defendant OCT I 9 2004 IN THE COURT OF COMMON PLEAS OF CUMBERL~ND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - 2796 IN CUSTODY COURT ORDER AND NOW, this j~day of October, 2004, the Concihator being advised that the parties have reached an agreement at this particular tiptoe, the Conciliator relinquishes jurisdiction. BY THE COURT,