HomeMy WebLinkAbout05-2049
TIMOTHY PEIRCE,
Plaintiff
IN THE COURT OF COMMON PLEA
CUMBERLAND COUNTY, PA
v.
NO. ([)) - d.Olf<f
TRACY M. PEIRCE,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Timothy Peirce, who currently resides at 11 W. Main reet,
Box 294, New Kingstown, Cumberland County, Pennsylvania 17072.
2. The Defendant is Tracy M. Peirce, who currently resides at 11 W. Main S reet,
Box 294, New Kingstown, Cumberland County, Pennsylvania 17072.
3. The Plaintiff seeks custody of the following child:
Name:
Tyler Russell Peirce
Date of Birth:
April 7, 1999
4. The child resides at 11 W. Main Street, Box 294, New Kingstown, PA 1707 .
5. The child was born during wedlock.
6. The child is presently in the custody of Timothy Peirce, at 11 W. Main St eet,
Box 294, New Kingstown, Cumberland County, Pennsylvania 17072.
7. During the child's lifetime, he has resided with the following persons and at the
following addresses:
Name
Address
Date
Timothy and Tracy Peirce,
natural parents, and Tammy
Peirce, half-sister
11 W. Main Street
Box 294
New Kingstown, P A
Feb. 2002 to present
Timothy and Tracy Peirce,
natural parents, and Tammy
Peirce, half-sister
7073 Carlisle Pike
Lot 27
Carlisle, P A 17013
April 1999 to Feb. 002
8. The mother of the child is Tracy Peirce of 11 W. Main Street, Box 294 New
Kingstown, Cumberland County, Pennsylvania 17072.
9. Mother of the child, Tracy Peirce is married.
10. The father of the child is Timothy Peirce of 11 W. Main Street, Box 294, New
Kingstown, Cumberland County, Pennsylvania 17072.
11. Father of the child, Timothy Peirce is married.
12. The relationship of Plaintiff to the child is that of Father.
13. The relationship of Defendant to the child is that of Mother.
14. The Defendant currently resides with the following persons:
Timothy Peirce, Tyler Peirce, and Tammy Peirce
15. The Plaintiff has not participated as a party or witness, or in another capa ity,
in other litigation concerning the custody of the child in this or any other court.
16. The Plaintiff has no information of a custody proceeding concerning the ild
pending in a court of this Commonwealth.
17. The 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 res ect
to the child.
18. The best interest and permanent welfare of the child will be served by gran ng
the relief requested for reasons including the following:
a. The Father has been the primary caregiver of the minor child si ce his
birth. He has:
I. Planned and prepared meals;
II. Bathed, groomed and dressed the child;
III. Purchased, cleaned and cared for the child's clothing;
. IV. Arranged medical care, including trips to physicians;
v. Arranged alternative daycare;
VI. Put the child to bed nightly, attended the child in the mid Ie of
the night, and awakened the child in the morning.
b. The child has a psychological bond with the Father.
c. Father is able to provide a stable environment for the child.
d. Father has been primarily responsible for all of the family and
household finances.
e. Father owns his own business that provides him with a flexible sche ule
and allows him to meet the child's needs.
f. Mother has threatened to uproot the child from his stable and fam liar
home environment due to her inability to get along with her stepdaughter.
g. Mother has threatened to separate the child from his sister with wh m
he has been raised since his birth.
19. Each parent whose parental rights to the child have not been terminated as
been named as parties to this action.
WHEREFORE, the Plaintiff requests that this Court grant primary physical c stody
of the child to the Plaintiff/Father.
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
DATE~
Ktk~flat@fft '
ill No. 86914 U~
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
VERIFICATION
I, Timothy Peirce, verify that the statements made in this Custody Complaint a e true
and correct to the best of my knowledge, information, and belief. I understand tha false
statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to un worn
falsification to authorities.
Date
tJY~O/oJ
I /
/
CERTIFICATE OF SERVICE
AND NOW, this ~ay of Apn' I
2005, I, Kara W. Haggerty, Esqu re, of
Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy f the
same in the United States Mail, First-class mail, postage prepaid addressed to the followi
foregoing Custody Complaint, upon the Defendant by depositing, or causing to be dep
Tracy Peirce
11 W. Main Street, Box 294
New Kingstown, P A 17072
Respectfully submitted,
ABOM & KUTULAKlS, L.L.P.
~~())
Kara W. Haggerty (
ID No. 86914 .
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiff
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TIMOTHY PEIRCE,
Plaintiff
IN THE COURT OF COMMON PLE
CUMBERLAND COUNTY, PA
TRACY M. PEIRCE,
Defendant
NO. j 6/ / ;)..,10<.( q
CIVIL ACTION - LAW
IN CUSTODY
v.
c
~
PETITION FOR SPECIAL RELIEF,
PURSUANT TO 42 Pa.C.S.A. ~1915.13
1. A Complaint for Custody was filed on or about April 20, 2005. (copy atta hed)
2. On or about April 19-20, 2005, the defendant, Tracy Peirce, informe the
plaintiff that she was moving out of the marital residence and takin the
parties' minor child with her.
3. It is believed and therefore averred that the defendant has sub itted
applications for alternative living arrangements.
4. On or about April 19, 2005, the defendant withdrew all funds from the p rties
joint bank accounts and provided one-half of that sum to the plaintiff in cash
and retained the remainder.
5. It is believed and averred that the defendant is securing funds in order to ove
from the parties residence with the child.
6. On or about April 19,2005, there was an incident between defendant and her
step-daughter (age 18) that resulted in the defendant throwing a cup of coff at
the child. A criminal citation was filed against the defendant by Silver Sp ing
Township Police Department.
7. It is believed and averred that it is in Tyler's best interest to remain at home
with his father in that:
a. The father can provide a stable home environment;
b. The mother wants to uproot the child because of her inability 0 get
along with her stepdaughter.
WHEREFORE, the Plaintiff requests This Honorable Court to enter an Order t at .
grants temporary primary physical custody until such a time that the parties can particip te in
the custody conciliation process.
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
DATE~
4UGW. Ii
Kara W. Haggerty
ID No. 86914
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
TIMOTHY PEIRCE,
Plaintiff
IN THE COURT OF COMMON PLE
CUMBERLAND COUNTY, PA
v.
NO.
TRACY M. PEIRCE,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is hereby directe
the parties and their respective counsel appear before .
conciliator, at
that
the
, on the d of
, 2005, at .m., for a Pre-Hearing Custody Conference. At such
conference, an effort will be made to resolve the issues in dispute; or if this cann t be
accomplished, to define and narrow the issues to be heard by the Court, and to enter i to a
temporary order. 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 Protec ion
from Abuse Orders, Special Relief Orders, and Custody Orders to the conciliato 48
hours prior to the scheduled Hearing.
BY THE COURT,
The Court of Common Pleas of Cumberland County is required by law to com ly
with the Americans with Disabilities Act of 1990. For information about accessible facili . es
and reasonable accommodations available to disabled individuals having business before e
court, please contact our office. All arrangements must be made at least 72 hours prior to a y
hearing or business before the court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. F
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YO
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD
CARLISLE, P A 17013
(717) 249-3166 OR (800)990-9108
~~ff
TIMOTHY PEIRCE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO.
TRACY M. PEIRCE,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Timothy Peirce, who currently resides at 11 W. Main St eet,
Box 294, New Kingstown, Cumberland County, Pennsylvania 17072.
2. The Defendant is Tracy M. Peirce, who currently resides at 11 W. Main St eet,
Box 294, New Kingstown, Cumberland County, Pennsylvania 17072.
3. The Plaintiff seeks custody of the following child:
Name:
Tyler Russell Peirce
Date of Birth:
April 7, 1999
4. The child resides at 11 W. Main Street, Box 294, New Kingstown, PA 1707
5. The child was born during wedlock.
6. The child is presently in the custody of Timothy Peirce, at 11 W. Main St eet,
Box 294, New Kingstown, Cumberland County, Pennsylvania 17072.
7. During the child's lifetime, he has resided with the following persons and a the
following addresses:
Name
Address
Date
Timothy and Tracy Peirce,
natural parents, and Tammy
Peirce, half-sister
11 W. Main Street
Box 294
New Kingstown, P A
Feb. 2002 to present
Timothy and Tracy Peirce,
natural parents, and Tammy
Peirce, half-sister
7073 Carlisle Pike
Lot 27
Carlisle, P A 17013
April 1999 to Feb. 20 2
8. The mother of the child is Tracy Peirce of 11 W. Main Street, Box 294, ew
Kingstown, Cumberland County, Pennsylvania 17072.
9. Mother of the child, Tracy Peirce is married.
10. The father of the child is Timothy Peirce of 11 W. Main Street, Box 294, ew
Kingstown, Cumberland County, Pennsylvania 17072.
11. Father of the child, Timothy Peirce is married.
12. The relationship of Plaintiff to the child is that of Father.
13. The relationship of Defendant to the child is that of Mother.
14. The Defendant currently resides with the following persons:
Timothy Peirce, Tyler Peirce, and Tammy Peirce
15. The Plaintiff has not panicipated as a pany or witness, or in another cap Ity,
in other litigarion concerning the custody of the child in this or any other coun.
16. The Plaintiff has no information of a custody proceeding concerning the hild
pending in a coun of this Commonwealth.
17. The Plaintiff does not know of a person not a pany to the proceedings wh has
physical custody of the child or claims to have custody or visitation rights with re pect
to the child.
18. The best interest and permanent welfare of the child will be served by gra ting
the relief requested for reasons including the following:
a. The Father has been the primary caregiver of the minor child sinc his
birth. He has:
1. Planned and prepared meals;
11. Bathed, groomed and dressed the child;
111. Purchased, cleaned and cared for the child's clothing;
, IV. Arranged medical care, including trips to physicians;
v. Arranged alternative daycare;
VI. Put the child to bed nightly, attended the child in the midd e of
the night, and awakened the child in the morning.
b. The child has a psychological bond with the Father.
c. Father is able to provide a stable environment for the child.
d. Father has been primarily responsible for all of the family and
household finances.
e. Father owns his own business that provides him with a flexible sch ule
and allows him to meet the child's needs.
f. Mother has threatened to uproot the child from his stable and fa iliar
home environment due to her inability to get along with her stepdaughter.
g. Mother has threatened to separate the child from his sister with w om
he has been raised since his birth.
19. Each parent whose parental rights to the child have not been terminate has
been named as parties to this action.
WHEREFORE, the Plaintiff requests that this Court grant primary physical cust dy
of the child to the Plaintiff/Father.
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
DATE~ZvID~
. 4~uO ~Q
Kara W. Haggerty
ill No. 86914
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiff
VERIFICATION
I, Timothy Peirce, verify that the statements made in this Custody Complaint are rue
and correct to the best of my knowledge, information, and belief. I understand that alse
statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to uns om
falsification to authorities.
Date
t!f/ ~c/v 5'"
j I
---
./
CERTIFICATE OF SERVICE
AND NOW, this ZLt..~ay of Apn' I
2005, I, Kara W. Haggerty, Esquir , of
Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy 0 the
foregoing Custody Complaint, upon the Defendant by depositing, or causing to be depo ted,
same in die United States Mail, First-class mail, postage prepaid addressed to the followin :
Tracy Peirce
11 W. Main Street, Box 294
New Kingstown, P A 17072
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
/ ",
V0~uU
)
Kara W. Haggerty
ill No. 86914
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiff
VERIFICATION
I, Timothy Peirce, verify that the statements made in this Petition for Special R lief
are true and correct to the best of my knowledge, information, and belief. I understand hat
false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relatin to
unsworn falsification to authorities.
Date
~~J~
'~d.
Timothy Peirce
CERTIFICATE OF SERVICE
AND NOW, this Zo f{\.day of ~ 2005, I, Kara W. Haggerty, Esquir , of
Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the
foregoing Petition for Special Relief, upon the Defendant by depositing, or causing t be
deposited, same in the United States Mail, First-class mail, postage prepaid addressed t the'
following:
Tracy Peirce
11 W. Main Street, Box 294
New Kingstown, P A 17072
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
D
Kara W. Haggerty /
ill No. 86914
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiff
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RECEIVED APR 212005W
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TIMOTHY PEIRCE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO. ~5" ~ dOVtJ ti;.J
CIVIL ACTION - LAW
IN CUSTODY
TRACY M. PEIRCE,
Defendant
ORDER OF COURT
AND NOW, upon consideration of !h~_attached Petition for Special Relief, :l:o l.~..k}
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L\Y T...T...TE ~4.TTJ7Yl\T.llT"Tll,:t io luHeB) dil~ttz.A thlMi taa tHINi~J .1118 tHz-if l'Jylltive
~',r]RJe1 afJ~~ttl eef61e f~i .1 klAllu5 VI.! ~a~d IJeut10n on the _ day ot April, 2005, at _
__8.1. in Cuu-J.LJ.vuJ.u !.lV. _ vi dIe Cumberland CounlY CuuldlUU~t:, Cc:l.L[..k, Pef.lRa)l.dniA.
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TIMOTHY PEIRCE
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLY ANIA
V.
05-2049
CIVIL ACTION LAW
TRACY M. PEIRCE
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, April 25, 2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline !VI. Verney, Esq. ,the conciliator,
at
4th Floor, Cumberland County Courthouse, Carlisle on
Thursday, May 19,200L____ at .!().:.3Jl~AM
for a Pre-Hearing Custody Conference. At such conference, an etTort witt be made to resolve the issues in dispute; or
i I' 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 mav
provide grounds for entry of a temporary or permanent order.
The court herehy 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/
Jacqueline M. Verney. Esq.
Custody Conciliator
~
The COllrt of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990, For infonnation about accessible facilities and reasonable accommodations
available to disabled individuals having business before the COllrt, please contact our oflice. All arrangements
must be made at least 72 hours prior to any hearing or bllSiness before the COllrt. Y Oll must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT O:\CE. IF YOU DO NOT
HA VE 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 t 70 13
Telephone (717) 249-3166
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RECEIVED OCT 11 Z/~~
TIMOTHY PEIRCE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2005-2049 CIVIL TERM
TRACY M. PEIRCE,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this 11th day of October, 2005, the Conciliator not hearing from the
parties that a conference is necessary and 90 days having elapsed, the Conciliator hereby
relinquishes jurisdiction in this matter.
FOR THE COURT,
Conciliator
OS:ZH.J ZI.I~jOS[:DZ
:iO
TIMOTHY PEIRCE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, P A
v.
NO. 05-2049
TRACY M. PEIRCE,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
PRAECIPE TO WITHDRAW AND DISMISS
TO THE PROTHONOTARY:
Please withdraw and dismiss Plaintiffs Complaint in Custody docketed at the
above term and number.
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
Date: 10 r t () 5
(~LaJ;D. .' Lftri.
Kara W. Haggerty, . e
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiff
TIMOTHY PEIRCE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY,PA
v.
NO. 05-2049
TRACY M. PEIRCE,
Defendant
CIV1LACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
AND NOW, this 18th day of October, 2005, I, Kara W. Haggerty, Esquire, by
and through ABOM & KUTULAKIS, L.L.P. hereby certify that I did serve a true and
correct copy of the foregoing Praecipe to Withdraw and Dismiss, upon the below
listed counsel of record and/or parties by depositing, or causing to be deposited, same
in the United States Mail, First-class mail, postage prepaid addressed to the following:
Tracy Peirce
11 W. Main Street, Box 294
New Kingstown, PA 17072
Date: October 18, 2005
ADOM & KUTULAKI5, L.L.p.
rlmuw
Kara W. Haggerty
Attorney for Plainti
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