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HomeMy WebLinkAbout01-0969IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA CARROLL SKELTON Plaintiff RAY EDWARD SKELTON Defendant ) ) .Ne. ~/- Pt, ? ' Civil Term ) ) ) CUSTODY ) ) TEMPORARY ORDER OF COURT FOR CUSTOD~ AND NOW, this day of February 2001, upon consideration of Plaintift's Complaint in Divorce and the averments comained therein and in Count II: Custody, it is hereby Ordered that temporary custody of the minor child, Michael Charles Skelton, born October 8, 1997 (the "Child"), pending a custody conciliation conference to be scheduled by this Court, shall continue the current practice of the parties and shall be as follows: Mother, Cynthia Carroll Skelton and father, Ray Edward Skelton shall share legal custody of the Child. Mother, Cynthia Carroll Skelton shall have primary physical custody and father, Ray Edward Skelton shall have partial physical custody of the Child according to the following schedule: beginning with the weekend commencing Friday, February 16, 2001, Father shall have physical custody from Friday evening until Sunday evening on alternating weekends and at other times by mutual agreement of the parties. Mother shall have physical custody at all other times. Mother and Father shall share transportation arrangements by driving to a public meeting place off of the Breezewood exit of the Pennsylvania Turnpike to make the custody exchanges. Until further Order of Court, neither party shall r6move the Child from the Commonwealth of Pennsylvania without the prior written consent of the other party. BY THE COURT: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA CARROLL SKELTON Plaintiff RAy EDWARD SKELTON Defendant ) ) 3fo_. O/-qa~'CivilTerm ) ) ) CUSTODY ) ) ORDER OF COURT You, Ray Edward Skelton, Defendant, have been sued in Court to obtain Custody, Partial Custody or Visitation of the child: Michael Charles Skelton. You are ordered to appear at , on day of ,2001, at AM/PM for: __ A conciliation or mediation conference. __ A pretrial conference. __ A Hearing before the Court. If you fail to appear as provided by this Order, an Order for Custody, Partial Custody or Visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO A 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 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IS REQUIRED BY LAW TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. FOR FREE 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 72 HOURS PRIOR TO ANY HEARINGS OR BUSINESS BEFORE THE COURT. YOU MUST ATTEND THE SCHEDULED CONFERENCE OR HEARING. Date: By the Court: ,J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA CARROLL SKELTON Plaintiff RAY EDWARD SKELTON Defendant ) ) ) v. ) ) ) ) J%. 6//- q6q Civil Term IN DIVORCE COMPLAINT IN DIVORCE 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 prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divome is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PORPERTY, LAWYER'S FEES OR EXPENSES BEFORE A D1VORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA CARROLL SKELTON Plaintiff RAY EDWARD SKELTON Defendant ) ) 3fo_. (~l-q&9 Civil Term ) ) ) IN DIVORCE ) ) COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Cynthia Carroll Skelton, by and through her attorney, Richard C. Gaffney, Esquire, who files this complaint under Section 3301 ( c ) of the Divorce Code and who, in support thereof, respectfully represents that: The Plaintiff is Cynthia Carroll Skelton, who presently resides in Camp Hill, Cumberland County, Pennsylvania. Plaintiff is apprehensive of serious bodily harm from the Defendant and, on that basis, will not disclose her precise address but to this Honorable Court in camera. The Defendant is Ray Edward Skelton, whose present mailing address is P.O. Box 289, Indianhead, Pennsylvania 15446. Plaintiff and Defendant are sui [uris and both have been bona fide residents of the Commonwealth for a period of more than six months immediately preceding the filing of this complaint. The Plaintiff and Defendant were married June 1, 1996 in Brownsville, Fayette County, Pennsylvania. 10. 11. 12. 13. 14. 15. 16. The parties to this action separated on November 8, 2000 and have continued to live separate and apart since then. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. The Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. Neither the Plaintiff nor the Defendant is in the military or naval service or in any branch of the armed forces of the United States of America or its allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. COUNT I: DlVORCE Plaimiff hereby incorporates the averments of paragraphs 1 through 9 hereinabove as though they were fully set forth herein. Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to section 3301 (c) of the Divorce Code. COUNT II: CUSTODY Plaintiff hereby incorporates the averments of paragraphs 1 through 9 hereinabove as though they were fully set forth herein. Plaintiff and Defendant produced one child of the marriage, Michael Charles Skelton, bom October 8, 1997 (the "Child"). The relationship of the Plaintiff to the Child is that of mother. The relationship of the Defendant to the Child is that of father. Since birth, the Child has lived at the following addresses and with the following persons: a. From October g, 1997 until November 8, 1997 with Plaintiff mother, Defendant father, Plaintiff's parents and Plaintiff's brother at 802 Green Street, Brownsville, Pennsylvania 15147. b. From November g, 1997 until November g, 2000 with Plaintiff mother and Defendant father at 1028 Penn Craf~ Road, East Millsboro, Pennsylvania 15433. c. From November 8, 2000 until January 06, 2001 with Plaintiff mother and Plaintiff's friend, Nina Evett at 1609 C Hickory Street, Richmond, Virginia 23222. d. From January 06, 2001 to present with Plaintiffmother and Plaintiff's friend, Nina Evett at an address in Camp Hill, Cumberland County, Pennsylvania 17011. 17. The Plaintiff mother currently resides in Camp Hill, Cumberland County, Pennsylvania with the following persons: her son, Michael Charles Skelton (age 3), and a friend, Nina Evett. 18. The Defendant father's current residence is unknown to the Plaintiff mother. On information and belief, Plaintiff avers that the Defendant father is living with an unrelated adult female. 19. The current custodial arrangement of the parties is that Plaintiff mother has primary physical custody of the Child and Defendant father has partial physical custody of the Child from Friday evening until Sunday evening on alternating weekends. Mother and Father share transportation arrangements by meeting at a public place off the Breezewood Exit of the Pennsylvania Turnpike to make the custody exchange. 20. Plaintiff mother believes and therefore avers that the Defendant presents a serious risk of flight with the Child. 21. Plaintiff respectfully prays this Honorable Court to issue a temporary Order, pending a conciliation conference, awarding primary physical 22. 23. 24. 25. custody of the Child to her and partial physical custody of the Child to the Defendant father from Friday evening until Sunday evening on alternating weekends. Plaintiff respectfully prays this Honorable Court to include in its temporary Order a prohibition against either party removing the Child from the Commonwealth of Pennsylvania without the prior consent of the otherparem. COUNT III: EQUITABLE DISTRIBUTION OF THE MARITAL ESTATE Plaintiff hereby incorporates the averments of paragraphs 1 through 22 hereinabove as though they were fully set forth herein. Plaintiff and Defendant accumulated marital assets and marital debt during the term of their marriage. Plaintiff respectfully prays this Honorable Court to Order the equitable distribution of the marital estate. COUNT IV: CHILD SUPPORT 26. Plaintiff hereby incorporates the averments of paragraphs 1 through 25 hereinabove as though they were fully set forth herein. 27. Plaintiff is currently unemployed. 28. Defendant is currently employed as a journeyman electrician and earns in excess of $45,000.00 annually. 29. The Child is in the primary custody of the Plaintiff. 30. Defendant owes an obligation of support to the Child. 31. Plaintiff respectfully prays this Honorable Court for an Order directing the Defendant father to pay support for the minor Child to the Plaintiff. 32. 33. 34. COUNT V: SPOUSAL SUPPORT Plaintiff hereby incorporates the averments of paragraphs 1 through 31 hereinabove as though they were fully set forth herein. Defendant owes a duty of spousal support to the Plaintiff. Plaintiff respectfully prays this Honorable Court for an Order directing the Defendant to pay spousal support to her. COUNT VI: ALIMONY PENDENT LITE, COUNSEL FEES & COSTS 35. Plaintiff hereby incorporates the averments of paragraphs 1 through 34 hereinabove as though they were fully set forth herein. 36. Plaintiff is without the financial means necessary to pursue the instant litigation. 37. Plaintiff respectfully prays this Honorable Court for an Order directing the Defendant father to pay alimony pendente lite to her. 38. Plaintiff further prays this Honorable Court for an Order directing the Defendant to pay Plaintiff's attorney fees and the costs of this action. 39. 40. 41. COUNT VII: ALIMONY Plaintiff hereby incorporates the averments of paragraphs 1 through 37 hereinabove as though they were fully set forth herein. Plaintiff and Defendant were married for four (4) years and five (5) months before they separated. Plaintiff respectfully prays this Honorable Court for an Order directing the Defendant father to pay alimony to her of indefinite duration. WHEREFORE, Plaintiff prays this Honorable Court for a Decree in Divorce, a Temporary Order for Custody, a Permanent Order for Custody, an Order for Equitable Distribution of the marital estate, an Order for Child Support, an Order for Alimony Pendente Lite, an Order for Alimony, an Order awarding Plaintiff her counsel fees and costs, and such other legal and equitable relief as this Court deems appropriate. Respectfully submitted, Richard C. Gaffney,.L~ire~ Supreme Court I.D. No. 63313~ LAW OFFICES OF RICHARD C. GAFFNEY 2120 Market Street, Suite 101 Camp Hill, Pennsylvania 17011 Phone (717) 975-9033 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA CARROLL SKELTON Plaintiff RAY EDWARD SKELTON Defendant ) ) Ko. ) v. ) ) ) ) Civil Term IN DIVORCE VERIFICATION I verify that the statements made in the foregoing complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904, relating to unsworn falsification to authorities. thia Carroll Skelton, ~l~ntiff CYNTHIA CARROLL SKELTON PLAINTIFF V. RAY EDWARD SKELTON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-969 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this. 23rd day of February , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliar at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 26th day of March ,2001, at 1:00 p.m. 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. FOR THE COURT, By: /si Melissa P. Greevy, Eswax 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CYNTHIA CARROLL SKELTON, Plaintiff VS. RAY EDWARD SKELTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-969 Civil Term : IN DIVORCE I. PRELIMINARY OBJECTION OF RAY EDWARD SKELTON CHALLENGING VENUE AND ALTERNATIVELY COUNTERCLAIM FOR PRIMARY PHYSICAL CUSTODY 1. Cynthia Carroll Skelton was born in Uniontow-n, Fayette County, Pennsylvania and until November 8, 2000 resided in Fayette County for her entire life. 2. Ray Edward Skelton was born in Uniontown, Fayette County, Pennsylvania and has resided in Fayette County for his entire life. 3. The minor child~ Michael Charles Skelton, was born in Fayette County and has resided there his entire life up to some time after February 6, 2001 when Cynthia Carroll Skelton advised Ray Edward Skelton that from that point onward he was only entitled to physical custody of the aforesaid minor child every other weekend. Prior to February 6, 2001 and subsequent to November 8, 2000 (the date Plaintiff left her residence in Fayette County) physical custody of the minor child was shared. 4. Plaintiff's parents have had significant contact with the minor child since his birth and have resided in Fayette County for most of their lives. 5. Defendant's parents have had significant contact with the minor child since his birth and they have resided in Fayette County all of their lives. 6. People who know the minor child very well such as daycare teachers reside in Fayette County. Pursuant to Rule 1915.2(a) (1) (i), Fayette County was the home County of the minor child at the commencement of the above captioned action. 7. Pursuant to Rule 1915.2(a) (1) (ii), Fayette County has been the minor child's home County within 6 months before the commencement of the above captioned proceeding and the aforesaid minor child is absent from Fayette County because of his removal by Plaintiff. 8. Pursuant to Rule 1915.2(a) (2), it is in the best interest of the minor child that Fayette County have venue over the Custody action in that: a. the minor child up to November 8, 2000; b. from November 8, resided exclusively in Fayette County 2000 until February 6, 2001 the minor child spent approximately 50% of his time in Fayette County; and c. maternal and paternal grandparents as well as other individuals such as daycare teachers who know the minor child reside in Fayette County. 9. It would be inconvenient and inefficient if venue of the Custody proceedings were in Fayette County and Cumberland County also maintained venue over the Divorce and Support proceedings set forth in Counts I, III, IV, V, VI and VII of the Complaint. 10. Witnesses who may provide relevant testimony in the Divorce proceeding are in Fayette County and it would be inconvenient for those witnesses to travel to Cumberland County for hearings in this case. 1~. On or Edward skeltOn sPecia~ ~elief attached heretO' arOUnd the date of the co~Plaint to file a custOdY intends A cOpY of those countY' in Fayette of this pleading' filing petition ~o~ and pleadings are Edward skeltOn requests that the Court issue order transferring venue of the above captioned action to Fayette CountY' The number for the Fayette County Court Ad~inistrat°r's Cumberland County Court desire the same, is 724- should the office, i~. C ~ herei~ incorporated 1 through 11 are paragraphs 12. reference' 1~ through 15 of the Complaint filed in this 13. paragraphs incorporated herein by reference' action and the responses theretO are resided at the following 14. since birth, the minor child has addresses and with the following personS: a. from october B, 1997 until November B, Z%Q0, with Cynthia Carroll skeltOn and RaY Edward SkeYtOn at 1028 penn craft PA 15433- The minor child did reside with SkeltOn, Road, EaSt MilYsbor°' cynthia carrOl skelton and Ray Edward maternal grandparentS' grandparentS' for two or three weekS after hi at the home of maternal grandmother whO wanted to spend ti5 birth at the request of maternal with the minor child- For this two or three week periOd, howeVe cynthia carrOil skeltOn and RaY Edward skeltOn never gave up the residence on penn craft Road- They were living at that addreSS bef they visited with maternal grandparents (after the minor child's birth) and they went back to that residence after two or three weeks. b. from November 8, 2000 until February 6, 2001 the minor child resided 50% of the time with Ray Edward skelton and 50% of the time with Cynthia Carroll skelton. During this period, Ray Edward skelton resided at 1127 Miller Hill Road, indianhead, Fayette county, The other half of the time the minor child Pennsylvania 15446. resided with cynthia Carroll skelton. c. subsequent to February 6, 2001 the minor child has resided with Cynthia Carrol skelton with the exception of the weekend February 16 through February 18, 2001. 15. It is believed that mother, Cynthia Carrol skelton, resides in Camp Rill, Cumberland county, Pennsylvania with the minor child and Nina Evett. 16. Hill Road, 17. Father, Ray Edward skelton, currently resides at 1127 Miller indianhead, PA 15446. Ray Edward Skelton has been the primary caretaker of the minor child from in or around the spring of 1999 until November 8, 2000 - especially year 2000 up until November 8, 2000. WHEREFORE, Ray Edward Skelton requests that the Cumberland County Court consider this counterclaim only if it is ultimately determined that venue of the Custody action be in Cumberland county. Cumberland county ultimately has venue of the Custody action, Ray Edward Skelton requests that the Court grant him Primary Physical Custody and Shared Legal Custody of the minor child. YOFFE & YOFFE, P.C. j ~FF~EY ¢. ~O~FE, ~sQu~ ~f_. - Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 RAY EDWARD SKELTON, Plaintiff VS. CYNTHIA CARROL SKELTON, Defendant : IN THE COURT OF COMMON PLEAS OF : FAYETTE COUNTY, PENNSYLVANIA : : NO. : : IN CUSTODY PETITION FOR SPECIAL RELIEF 1. Ray Edward Skelton and Cynthia Carroll Skelton are the natural parents of Michael Charles Skelton born October 8, 1997. 2. Plaintiff and Defendant resided together until November 8, 2000 when Cynthia Carroll Skelton left Fayette County. 3. From the Spring of 1999 until November 8, 2000 Ray Edward Skelton has been the primary caretaker of Michael Charles Skelton. 4. From November 8, 2000 up to and including February 6, 2001 physical custody of the minor child was shared between Cynthia Carroll Skelton and Ray Edward Skelton. 5. Cynthia Carroll Skelton resided in Richmond, Virginia from November 8, 2000 until January 6, 2001 and in Camp Hill, Cumberland County, Pennsylvania from January 6, 2001 until the present. 6. Subsequent to February 6, 2001, Cynthia Carroll Skelton unilaterally instructed Ray Edward Skelton that from that point forward he was only going to be able to see his son every other weekend. weekend of February 16 Ray Edward Skelton did have physical custody of through February 18, 2001. his son the 8. On or around February 16, 2001 Cynthia Carroll Skelton filed Custody Complaint and Divorce Complaint in Cumberland County, Pennsylvania. A copy of that pleading is attached hereto as Exhibit Ray Edward Skelton by filing Preliminary Objections challenging venue for primary physical custody (in the alternative)- pleading is attached hereto as Exhibit "B". 10. Subsequent to February 6, 2001, Court approval, Cynthia Carroll Skelton custody arrangement which existed from November 8, and a responded to the cumberland County action Counterclaim A copy of that without obtaining prior discontinued the shared 2000 until February County have venue 6, 2001 and imposed a schedule whereby Ray Edward Skelton only gets to see his son every other weekend. WHEREFORE, Ray Edward Skelton requests the following: 1. That the Fayette County Court of Co~unon Pleas communicate with the Cumberland County Court of Co~on Pleas and issue an Order directing which County has venue over the Custody proceedings between the above captioned parties. The telephone nu~hber of the Cumberland County Court Administrator is (717)240-6200; 2. Issue an Order directing that Fayette over the Custody proceedings between the parties; and 3. Issue an Order directing that each party shall get physical custody of the minor child for 50% of the time pending further Order of Court and also that legal custody shall be shared. Ray Edward Skelton proposes that pending further Order of Court each parent shall have custody of the minor child from Sunday to Sunday with transportation of the parties being split evenly and that the drop-off point where custody is exchanged be Breezewood, Pennsylvania. YOFFE & YOFFE, P.C. By_ JEFFREY N. YOFFE, ESQUIRE Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 RAY EDWARD SKELTON, Plaintiff VS. CYNTHIA CARROL SKELTON, Defendant : IN THE COURT OF COMMON PLEAS OF : FAYETTE COUNTY, PENNSYLVANIA : NO. : : IN CUSTODY ORDER YOU, Cynthia Carrol Skelton, have been sued in Court to obtain custody of the minor child, Michael Charles Skelton. You are hereby Ordered to appear in person at on at , .M. , for a conciliation or mediation conference. a pretrial conference a hearing before the Court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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. Lawyer Referral Service Fayette County Bar Association 84 East Main Street Uniontown, PA 15401 (724)437-7994 ~4ERICAN WITH DISABILITIES ACT OF 1990 The Court of Cormmon Pleas of Fayette County is required by law to comply with the ~_mericans with Disabilities 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. Date: BY THE COURT YOFFE & YOFFE, P.C. By JEFFREY N. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 EXHIBIT "B" RAY EDWARD SKELTON, Plaintiff VS. CYNTHIA CARROL SKELTON, Defendant : IN THE COURT OF COMMON PLEAS OF : FAYETTE COUNTY, PENNSYLVANIA : NO. : IN CUSTODY COMPLAINT FOR CUSTODY Hill Road, The Plaintiff is Ray Edward Skelton, residing Indianhead, Fayette County, Pennsylvania 15446. 2. The Defendant is Cynthia Carroll Skelton, residing Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary of Michael Charles Skelton, born residing with mother in Camp Hill, at 1127 Miller in Camp physical custody and shared custody October 8, 1997. Currently he is Cumberland County, Pennsylvania. 4. The child was not born out of wedlock. 5. During the past five years the child has following persons at the following addresses: a. from October 8, 1997 until November Cynthia Carroll Skelton and Ray Edward Skelton at resided with the Road, East Millsboro, PA 15433. The minor child maternal grandparents, Cynthia Carrol Skelton and Ray Edward Skelton, at the home of maternal grandparents, birth at the request of maternal with the minor child. For this Cynthia Carroll Skelton and residence on Penn Craft Road. they visited with maternal birth) 8, 2000, with 1028 Penn Craft did reside with for two or three weeks after his grandmother who wanted to spend time two or three week period, however, Ray Edward Skelton never gave up their They were living at that address before grandparents {after the minor child's and they went back to that residence after two or three weeks. b. from November 8, 2000 until February 6, 2001 the minor child resided 50% of the time with Ray Edward Skelton and 50% of the time with Cynthia Carroll Skelton. During this period, Ray Edward Skelton resided at 1127 Miller Hill Road, Indianhead, Fayette County, Pennsylvania 15446. The other half of the time the minor child resided with Cynthia Carroll Skelton. c. Subsequent to February resided with Cynthia Carrol Skelton with the February 16 through February 18, 2001. 6, 2001 the minor child has exception of the weekend 6. The mother of the child is Cynthia Carroll Skelton who currently resides in Camp Hill, Cumberland County, Pennsylvania. 7. She is married. 8. The father of the child is Ray Edward Skelton who currently resides at 1127 Miller Hill Road, Indianhead, PA 15446. 9. He is married to Cynthia Carroll Skelton. 10. Ray Edward Skelton is the father of the aforesaid minor child. He currently resides with his parents at 1127 Miller Hill Road, Indianhead, PA 15446. 11. Cynthia Carrol Skelton is the mother of the minor child. with the minor child in Camp Hill, Cumberland She also resides with Nina Evett. action has been filed in Cumberland County, or around February 16, 2001. A copy of the Complaint is actually a Count of a Divorce Complaint) is attached hereto She currently resides County, Pennsylvania. 12. A Custody Pennsylvania on {which as Exhibit "~'. 12XHIBIT "B" 13. Ray Edward Skelton Cumberland County, Pennsylvania Pennsylvania exercising venue in that is attached hereto as Exhibit "B". 14. Plaintiff does not know filed Preliminary Objections in challenging Cumberland County, action. A copy of that pleading of a person not a party to the the child or claims to have proceedings who has physical custody of custody or visitation rights with respect to the child. 15. The best interest of the minor child would be served by granting primary physical custody of the child to Ray Edward Skelton. From approximately the Spring of 1999 until November 8, 2000, Ray Edward Skelton was the primary caretaker of the minor child. The minor child is more closely bonded with Ray Edward Skelton. 16. Each parent whose parental rights to the child have not been terminated have been named as parties to this action. YOFFE & YOFFE, P.C. By JEFFREY N. YOFFE, ESQUIRE Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 EXHIBIT "B" CYNTHIA CARROLL SKELTON, Plaintiff VS. RAY EDWARD SKELTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-969 Civil Term IN DIVORCE CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing preliminary objections and counterclaim on the below individual. Service was accomplished by depositing the same in the United States Mail, ]First Class, Postage Prepaid and addressed as follows: Richard C. Gaffney, Esq. 2120 Market Street, Suite 101 Camp Hill, PA 17011 Date: March 2, 2001 YOFFE & YOFFE, P.C. ~F~R~f'N. yO&~['ESQUIRE Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the attached are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. CYNTHIA CARROLL SKELTON, Plaintiff VS. RAY EDWARD SKELTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-969 : : CIVIL ACTION - LAW : CUSTODY AND NOW, this 15th day of May, 2001, the parties having agreed to a Continuance on March 23, 2001, and having made no further requests for an additional Custody Conciliation Conference date, the Conciliator hereby relinquished jurisdiction of the above-captioned matter. FOR THE COURT, ~;'o% ~e;e~ ~ ~;teoVrY ~Esq u ire