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HomeMy WebLinkAbout04-2857DARRON GABRIEL JUDY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO.Oq - CIVIL TERM _. PATRICIA ANN JUDY, : CIVIL ACTION - LAW DEFENDANT : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Defendant/Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 DARRON GABRIEL JUDY, PLAINTIFF VS. PATRICIA ANN JUDY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O~{- 2~''7 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, DARRON GABRIEL JUDY, by and through his connsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff(hereinafter sometimes referred to as "Father") is DARRON GABRIEL JUDY, who currently resides at 1219 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant (hereinafter sometimes referred to as "Mother") is PATRICIA ANN JUDY, whose current residence is believed to be at the Adams County Prison, or if she has been released by the time this complaint is processed the Plaintiff believes the Defendant will be at 27 East Main Street, Newville, Cumberland County, Pennsylvania, 17241. 3. Name DEVON O'RION JUDY JORDAN JUDY Plaintiff seeks Full Legal and Primary Physical Custody of the following children: Present Residence Date of Birth September 26, 1989 1219 Old Willow Mill Road Mechanicsburg, PA 1219 Old Willow Mill Road Mechanicsburg, PA The children were bom of the parties' marriage. September 1, 1991 5. The children are presently in the custody of the Plaintiff, who resides at 1219 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 6. 1998 through 2002, the parties were married and living together with the children. Since 2002, the children were primarily with the Defendant until June 8, 2004, when the Defendant was incarcerated and the Plaintifftook the children to his home. 7. The Mother of the children is the Defendant, Patricia Ann Judy, who currently is incarcerated in the Adams County Prison, unless she has been released then Plaintiff believes the Defendant could be at 27 East Main Street, Newville, Ctunberland County, Pennsylvania, 17241. The Mother is divomed. 8. The Father of the child is the Plaintiff, Darron Gabriel Judy, who currently resides at 1219 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Father is single. 9. The relationship of the Defendant, Patficia Ann Judy, to the child is that of the Natural Mother. Mother is incarcerated at the Adams County Prison or could be at 27 East Main Street, Newville, PA 17241. 10. The relationship of the Plaintiff, Darron Gabriel Judy, to the children is that of the Natural Father. Father currently resides at 1219 Old Willow Mill Road, Mechanicsburg, PA 17050. l I. The 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 visitation rights with respect to the children. 12. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the children in any other court in Pennsylvania. 13. Plaintiff has no information ora custody proceeding concerning the children pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the children will be served by granting the relief requested because: A. Mother is presently incarcerated in the Adams County Prison for passing thousands of dollars of bad checks; B. Mother has never been able to maintain a stable financial environment and has constantly been in debt during the parties' marriage; C. Mother has had to relocate the children on several occasions due to her failure to pay her rent and using bad checks; D. Mother has been involved with alcohol and illegal chemical substances in the past and Father is fearful Mother is using these substances presently; E. Mother has not been able to remain in an employment position for any length of time as a result of her numerous problems; F. Mother has not adequately supervised and provided medical care for the daughter who is prescribed Ritalin and supposed to be seen by a counsellor, but has not been receiving her medication or seeing a counsellor under Mother's care; G. The son has not been doing well in school and Mother missed the deadline to have the son enrolled in summer school; H. The children under Mother's supervision have been charged with Criminal Trespass and are presently on probation; I. Father has stable employment, a three bedroom home, and is able to provide the children with a stable, secure, supportive environment to promote the children's growth and development in positive ways. 15. 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, DARRON GABRIEL JUDY, requests this Honorable Court award her FULL LEGAL and PRIMARY PHYSICAL CUSTODY of the minor children, DEVON O'RION JUDY and JORDAN JUDY and the Defendant, PATRICIA ANN JUDY, PARTIAL PHYSICAL CUSTODY of the minor children, DEVON O'RION JUDY and JORDAN JUDY. Dated: June IT, 2004 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Candie~,'l~Iuire 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are tree and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. DATED: DAI~ON GABRIEL DARRON GABRIEL JUDY PLAINTIFF PATRICIA ANN JUDY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2857 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Friday, June 25, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cotmsel appear belbre Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbur§, PA 17055 on Wednesday, August 04, 2004 at 8:30 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 apb)ear 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. FORTHECOURT. By: /s/ Dawn S. Sunday,, Esq. mhc 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 A'ITORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SLq' 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 DARRON GABRIEL JUDY, PLAINTIFF VS. PATRICIA ANN JUDY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERI.AND COUNTY, : PENNSYLVANIA : : NO. 04-2857 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY ACCEPTANCE OF SERVICE I, Jason C. Evans, Certified Legal Intern, for the Defendam, PATRICIA ANN JUDY in the above-captioned custody matter, accept service of the Coraplaint for Custody, and certify that I am authorized to do so. Dated: Jason For tt~ 45 Nc ',. Evans, Certified Legal Intern Defendant th Pitt Street Carlisle PA 17013-2899 (717) 243-3696 AUG 1 8 DARRON GABRIEL JUDY Plaintiff VS. PATRICIA ANN JUDY : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2857 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~I1~ day of ~ ., 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties and the Children shall participate in a course of therapeutic family counseling and co-parenting counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent the Children and to address concerns which have arisen with regard to the Children. The parties shall follow the recommendations of the counselor with regard to the frequency and duration of counseling as well as the participants in each session. 2. The Mother, Patricia Ann Judy, and the Father, Darron Gabriel Judy, shall have shared legal custody of Devon O'Rion Judy, born September 26, 1989, and Jordan Judy, born September 1, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. Pending completion of the counseling and further Order of Court or agreement of the parties, the parties shall share having physical custody of the Children as fbllows: A. The Mother shall have custody of the Children on alternating weekends from Friday at 5:00 p.m. or after the Mother is off work until Sunday at 8:00 p.m. beginning August 6, 2004 and continuing through the beginning of the 2004-2005 school year. The Father shall have custody of the Children over the weekend immediately preceding the first day of school and at all other times not otherwise specified for the Mother in this provision. B. Beginning on the fncst weekend following the first day of school for the 2004-2005 school year, the Mother shall have custody of the Children during three out of every four weekends from Friday at 5:00 p.m. (or after the Mother is offwork) 'through Sunday at 8:00 p.m. In addition, the Mother shall have custody of the Children every Wednesday evening from after work through 8:00 p.m. The Father shall have custody of the Children during the school week and during every fourth weekend. The Mother may have additional periods of custody with the Children as arranged by agreement between the parties. 4. In the event either party feels that either or both of the Children is having serious difficulty in adjusting to the transfer to the Father's school district, counsel for either party may file a petition to schedule an additional conciliation conference as promptly as pos~sible to address the issue. 5. Upon completion of the counseling required by this Order, counsel for either party may contact the conciliator to schedule an additional conciliation conference to review the custody arrangements in light of guidance from the counselor. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edwaxd E. Guido cc:6~usan K. Candiello, Esquire - Counsel for Father ,~son Evans and Anne MacDonald-Fox, Esquire - Counsel for Mother DARRON GABRIEL JUDY Plaintiff VS. PATRICIA ANN JUDY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL.~qD COUNTY, PENNSYLVANIA 04-2857 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMM~RY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Devon O'Rion Judy September 26, 1989 Father Jordan Judy September 1, 1991 Father 2. A conciliation conference was held on August 4, 2004, with the following individuals in attendance: The Father, Darron Gabriel Judy, with his counsel, Susan K. Candiello, Esquire, and the Mother, Patricia Ann Judy, with her counsel, Jason Evans and Amae MacDonald-Fox, Esquire. 3. The parties agreed to entry of an Order in the form as afl:ached with regard to obtaining co-parenting counseling for the purpose of assisting the parties in making custodial decisions regarding the Children and establishing a schedule under which one party would have custody of the Children throughout the school week and the other party would have custody during three out of every four weekends. The portion of the Order providing for the Father to have custody during the school week and the Mother to have partial custody on the majority of weekends is the recommendation of the conciliator based upon guidance from the Court. Ddte a Dawn S. Sunday, Esquire (] Custody Conciliator