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HomeMy WebLinkAbout04-5647Sondra Peel, ) Plaintiff ) ) v. ) ) Russell G. Clayey, II, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. oq- ,.q(,,q7 COMPLAINT FOR FULL CUSTODY 1. The plaintiff is Sondra Peel, residing at 13 West Main Street, Newville, Pennsylvania, 17241, Cumberland County. 2. The defendant is Russell G. Clavey, II, residing at CME Box 156, Center Road, Newville, Pennsylvania, 17241, Cumberland County. 3. Plaintiff seeks full physical and legal custody of the following children: Name Present Residence Dylan Russell Peel-Clavey With Plaimiff Age 3 months (DOB 08/12/04) The child was bom out of wedlock. The child is presemly in the custody of Plaintiff. During the past five years, the child has resided with the following persons and at the following addresses: Name Sondra Peel Sondra Peel Address 48 West North Street, Carlisle, PA 17013 13 West Main Street, Newville, PA 17241 The mother of the child is Sondra Peel, Plaintiff, currently residing at 13 West Main Street, Newville, Pennsylvania, 17241, Cumberland County. She is single. The father of the child is Russell G. Clavey, II, Defendant, currently residing at CME 156, Center Road, Newville, Pennsylvania, 17241, Cumberland County. He is single. 4. The relationship of Plaintiff to the child is that of mother. Plaintiff currently resides with the following persons: Name Relationship Elizabeth Peel Mother Charles Fisher Step-father 5. The relationship of Defendant to the child is that of father. Defendant currently resides with the following persons: Name Relationship Unknown Grandmother 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. 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: Plaintiff has attempted several times to have Defendant establish a relationship with the child, and Defendant does not appear to be interested in the child. 8. Each parem 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, Plaintiff requests the court to grant full physical and legal custody of the child to Plaintiff. Date: Law Office of Stephen O. Fugett 8 South Hanover Street Suite 206 Carlisle, PA 17013 Phone: (717) 258-5517 Fax: (717) 258-5519 Pa. Supreme Court Id. No. 85643 ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I, Stephen O,. Fugett, ~Esq., Attomey for Plaintiff, do hereby attest that on the [/~ day of/4~/~g~4 ~2~ ( , 2004, I served a true and correct copy of the foregoing Motion for Full Custody upon the persons, and in the manner, indicated: Delivery by Certified Mail. Return Receipt Requested: Russell G. Clavey, II CME 156 Center Road Newville, PA 17241 Delivery by first-class United States Mail: Russell G. Clavey, II CME 156 Center Road Newville, PA 17241 Date: ATTORNEY FOR PLAINTIFF SONDRA PEEL : PLAINTIFF : ; V. : RUSSELL G. CLAVEY, II : DEFENDANT _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5647 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 16, 2004 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 03, 2004 at 9:30 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours l~rior to scheduled hearing. FOR THE COURT. By: /s/ .Iacqtteh'~e M. Vemer~ Esq. rant 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 1701.3 Telephone (717) 249-3166 DEC 0 3 2004,¢ SONDRA PEEL, Plaintiff Vo RUSSELL G. CLAVEY, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-5647 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this day A ,2004, upon consideration of the attached Custody Concil~ti~n Rep-on~, it~is ordered and directed as follows: 1. The Mother, Sondra Peel shall have sole legal custody of Dylan Russell Peel-Clavey, bom August 12, 2004. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody or visitation as the parties agree. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. 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. BYTHE/couRT~'~~ cc'cgteephen O. Fugett, Esquire, Counsel for Mother ~ssell G. Clavey, II CME 156 Center Road "~ ' · Newville, PA 17241 DEC 0 200 q SONDRA PEEL, Plaintiff V. RUSSELL G. CLAVEY, II, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2004-5647 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY 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 Child who is the subject of this litigation is as follows: NAME Dylan Russell Peel-Clavey DATE OF BIRTH August 12, 2004 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on December 3, 2004, with the following individuals in attendance: The Mother, Sondra Peel, with her counsel, Stephen O. Fugett, Esquire. Father did not appear at the conference. Service of the complaint was attempted by certified mail, which was not accepted. The complaint and the conference notice were sent regular mail but were not returned. 3. Mother requested an Order in the form as attached. Date Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC Plaimiff No. 04-5747 C]iVIL TERM VS. AMENDED COMPLAINT IN CIVIL ACTION BRYAN G RICKABAUGH Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR#03367235 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC Plaintiff VS. BRYAN G RICKABAUGH Defendant Civil Action No. 04-5747 CIVIL TERM AMENDED COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND 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 an attorney and :tiling 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 plaintiff. 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 LAVVYER REFERRAL SERVICES CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST. CARLISLE, PA 17013 AMENDED COMPLAINT Plaintiff is a corporation with offices in 370 17th St. Suite 5000, Denver, CO 80202. 2. Defendant is residing at 1083 Grahams Wood Rd., Newville, PA 17241. 3. Defendant applied for and received a credit card issued by Plaintiffs assignor bearing the account number 5458004028877973 . A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit' 1' and made a part hereof. 4. Defendant made use of said credit card and has cu_rrently a balance due and owing to Plaintiff, as of October 25, 2004, in the amount of $7,259.02. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. A true and correct copy of the cardholder Agreement is attached hereto, marked as Exhibit '2' and made a part hereof. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 5.90% per mmum on the unpaid balance. 7. Although repeatedly requested to do so by Plainti~ Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Bryan G. Rickabaugh individually, in the amount of $7,259.02 with continuing finance charges thereon at the rate of 5.90% per annum from October 25, 2004 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. PA/I/~D #42524 WJEI~TMAN, WEINBERG & REIS CO., L.P.A. 271 ~ Koppers Building ~36/Seventh Avenue /Pittsburgh, PA 15219 4q 2) 434-79555 WWR#:03367235 CAPE)MEMBER SERVICES PO BOX 21550 TULSA OK 74121-1550 MAKE PAYMENTS PAYABLE TO: DIRECT MERCHANTS BANK YOUR PAYMENT COUPON ACCOUHT NUMIIER 5458 004~ 28B7 7973 STATEMEHT NEW MINIMUM AMOUNT PAST PAYMENT MUST AMOUNT DATE BALANCE PAYMENT DUE DUE BE RECEIVED BY ENCLOSED MAY 21, 2002 6,410.7t 449.00 SEND PAYMENTS TO: PAYMENT CENTER PO BOX 17036 BALTIMORE, MD 21297-0448 I,,I,1,,,11,,I,I1,1,,I,,,111,,,,I,,I,1,,11,,I,I1,,,,I,1,1,,I,I 367.00 NOW DUE 023 BRYAN G R;[CKABAUGH 83323 545800402887797300044900006410715 DIRECT MERCHANTS BANK' A VIEW OF YOUR RECENT CHARGES AND CREDITS Online acc~at access: ww.w.dlrectmerchantsbank.com TRANS POST REFERENCE DATE DATE NUMSER DESCRIPTION PAYMENTS AND CREDITS 05/14 05/14 8545~00GN2WBDR7(35 PAYMENT- THANK yOU PURCHASES, CASH ADVANCES & FEES 'FINANCE CHARGE'* PURCHASES $19.84 CASH ADVANCE $13.55 YOUR ACCOUNT SUMMARY - MAY 2002 ACCOUNT AND PAYMENT INFORMATION ~:~UHT NUMBER S45a 0040 2AB? ?g~ CREDIT LINE INFORMATION TOTAL CREDIT U~ TOTAL AVAJLABJ-E P-.REDIT $62O0 0 FROM OUTSIDE THE U.S. NOTICE: CREDITS 33,39 $ 6467.32 0.00 )THER + 0.00 FINANCE CHARGE + 33.30 NEW BALANCE · ~410.71 DAYS A WEEK IMPAIRED-TDO CUSTOMERS C,N..L.: 877-902-0967 MD 212970448 TUL~ OK 74121-t~;50 THE P RECEIVED BY 1:00 P.M., IN ORDER TO BE CREDITED AND PAYMENTS MUST CONFORM TO E REVERSE SIDE. E PAYMENT PROCESSING FOLLOWING BANK BUSINESS DAY. 5994 034B XPD 2 7 15 0205Z1 C X Page 1 of 2 B800 4000 PAC1 01AK5994 B3323 EXHI 8 2004 m VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, he is an attorney for the Plaintiff'herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents anrl because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be oblained within the time allowed for filing of this Amended Complaint in Civil Action, and that the facts :set forth in the foregoing Amended Complaint in Civil Action are true and correct to the best of his kno'~dedge, information and belief. Attbrney for Petitioner ,i CERTIFICATE OF SERVICE The Complaint in Civil undersigned hereby certifies that true Action mailed to the and correct copies of the within Amended following on this ~ day of ,2005, by first class, U.S. Mail, postage pre-paid: William P. Douglas, Esquire 27 W. High Street PO Box 261 Carlisle, PA 17013 Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., L.P.A.