The URL can be used to link to this page

Home My WebLink About05-1563 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. OS; - /S'1.3 Ciu:l ~8z..YYl... DENISE R. CUPP, Plaintiff DARREN DUNCAN, Defendant CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY I. The plaintiff is Denise R. Cupp, residing at 248 E. Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant is Darren Duncan, residing at 533 Bishop Avenue, Chambersburg, Franklin County, Pennsylvania 17201. 3. Plaintiff seeks custody of the following children: Name Darrian Duncan Present Residence 248 E. Garfield St. Shippensburg, P A DOB 417194 Age 10 yrs. 11 mos. Derrick Duncan 248 E. Garfield St Shippensburg, P A 4/l 6/97 7 yrs. II mos. The children were not born out of wedlock 4. The children are presently in the custody of Denise Cupp, who resides at 248 E. Garfield Street, Shippensburg, Franklin County, Pennsylvania 17257. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons Denise R. Cupp List All Addresses 248 E. Garfield St. Shippensburg, P A Dates 3-1-05 to present Denise R. Cupp 8795 Pineville Road Shippensburg, P A 1-1-04 to 3-1-05 Denise R. Cupp 84 Rustic Drive Shippensburg, PA 1999 to 1-1-05 The mother of the children is Denise R. Cupp, currently residing at 248 E. Garfield Street, Shippensburg, Franklin County, Pennsylvania 17257. She is married. 5. The father of the children is Darren Duncan, currently residing at 533 Bishop Avenue, Chambersburg, , Franklin County, Pennsylvania 1720 I. He is unmarried. 6. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons. Name David Cupp Gavin Cupp Darrian Duncan Derrick Duncan Relationship Husband Son Daughter Son 7. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons. Name No one Relationship 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court ofthis Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children are not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the children. A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. Defendant does not live a stable life 10. Each parent whose parental rights to the children have not been terminated .and the person who has physical custody of the child have been named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name N/A Address Basis of Claim WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody in the Mother with structured partial custody to Father. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: ~ ~ d-d--O< J1It --dU Il vA- Michael J. Whare, Itsquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court J.D. # 89028 Attorney for Plaintiff . ' . .. DENISE R. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. DARREN DUNCAN, Defendant CIVIL ACTION - LAW CUSTODY VERIFICATION I verifY that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. s. 9 4904, relating to unsworn falsification to authorities. Date: 31 Ie" 10") I JL. fl (l~ . ~-~') '--,< '--^-~( < 'T--> Denise R. Cupp n ....' 0 = = -n ... c_" .-t (:Cl "fA. 'c..,. ::Jf, ffl~Q ~ --... "'V-" l\ -.. ;AI ;;!TI :-- N v.> --~ V) :_-'.::> _c', -~f ~ 0 7". '..- .~~. "":D -- ' )u-:;:: ..... c-'";," (", \'- -0 l..,' tf! <s.'1"'\ (-~. ."4 'IJ CY ~.~~ ~l'" ?=- ~-:' 0 :::.1 "-' -< UJ .",- C> / !E PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN A DENISE R. CUPP V. 05-1563 CIVIL ACTION LAW DARREN DUNCAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, March 28, 2005,.. _, upon consideration of th 'attached .omplaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilr y, Esq. . the conciliator, at 4th Floor, C~mberlan~c:ounty Courthouse, Carlisle on . ,__ Th~.rsday, AP.ril2t, 2 05_~_ _, at 9:30---^M for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resol e the issll s in dispute; or ifthis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter i to a temporary order. All children age five or older may also be present at the conference. Failure to appe r at the co ference may provide grounds tiJr entry of a temporary or permanent order. , The court herehy directs the parties to furnish any and all existing Protection f~om Abus orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to sChedulef hearing. FOR THE COURT. By: Isl Hubert X. Gjlroy, l%f.9-.-___ Jf! Custody Conciliator The Court of Common Pleas of Cumberland County is required by law 10 co ply with 1e Americans with Disabilites Act of 1990. For information about accessible facilities and reasonabl accommo ations available to disabled individuals having business before the court, please contact ollr of Ice. All a angements mllst be made at least 72 hours prior to any hearing or business before the court. You ust attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. F YOU D NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T E OFFIC : SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carhsle, Pennsylvania 17013 Telephone (717) 249-3166 .~~# -.-~~ '. ~ Z ~?7nr .rr~ ~ kv '7- ~->VJ#'~/ P17 \.i1\-.. S Z :01 I;V 62 ~'JfJ SOul 1~'\!'.",\l~\,'I(J-"~"! :1Hl.' JO ^'-I'I..\..'...,.I,\...1.... L,.J -' ...: :Di:l~o-mlIJ 527 6r [, 5i:l-T F' rn L/'=> Y' JV: ..;A-- "L DENISE R. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 05-1563 DARREN DUNCAN, Defendant CIVIL ACTION - LAW CUSTODY MOTION TO WITHDRAWAL AND DISCONTINUE AND NOW, comes Denise R. Cupp, by and through his privately retained counsel, !Michael J. Whare, Esquire, and in support of this Motion avers as follows: I. The above-captioned case was filed on March 23,2005. 2. The Plaintiff requests a grant of leave due to the fact that parties agree that Franklin County is the better venue. 3. Attorney Hannah Herman-Snyder's office was notified and agreed with this request. Wherefore, the Plaintiff respectfully requests that the above-captioned case be withdrawn. Respectfully submitted, ROMINGER, BAYLEY & WHARE Oate: '5~ if --c ,- , )/,' i /.'.. r -c \ . Michael J. Whare, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 89028 Attorney for Plaintiff DENISE R. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. No. 05-1563 DARREN DUNCAN, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Plaintiff, do hereby certify that I this day served fl copy of the Motion For Withdrawal and Discontinue upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Hannah Herman-Snyder, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Qated: ;; i Ii C \ { /</' \... Michael J. Whare, Esquire Attorney for Defendant i ,- "- '<';-" DENISE R. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 05-1563 DARREN DUNCAN, Defendant CIVIL ACTION - LAW CUSTODY VERIFICA nON MICHAEL J. WHARE, ESQlJlRE, states that he is the attorney for Plaintiff, Denise R. Cupp, in this action; that he makes this affidavit as attorney because he has sufficient knowledge , pr information and belief, based upon his investigation of the matters averred or denied in the ~oregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Fa.C.S. 94904, relating to unsworn falsification to authorities. Qate: L ~, ,1.,/ i II" i c.. ! ( /,1 'j - I., ~ '-, Michael J. Whare, Esquire ~ .- C) .(~,. .-,'-, r, ';"::,\ ;-, c~) - - DENISE R. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. No. 05-1563 DARREN DUNCAN, Defendant CIVIL ACTION - LAW CUSTODY PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw and discontinue the above captioned matter on behalf of the Plaintiff. Respectfully submitted, ROMINGER, BAYLEY & WHARE /...../t/l Date: ~/'''''''-r- Michael J. Whare, E --- ~-,J C';~ ~;:-;::; U ~-n c::~; c::) G'< ~ RECEIVED MAY 11 20OS~O_ DENISE R. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 05-1563 DARREN DUNCAN, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this l2lWay of vLt,-'/ ,2005, the Defendant's Motion To Withdrawal and Discontinue is hereby GRANTED. By the Court: , pi J. CC: H~nhnahIHermhan-snYder,ESquire \. ^AJ..au~ ~A'. ,~ !!J:/301 MIC ae J. Ware, Esquire / L ( .,' ,,- .~~.u:A__ L~, r.1' (" 0..;:...;.: C0 u_ r.:.-) ;-- !.~~ / -" ~~; ~:~c:> >;;~ c)