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Home My WebLink About05-2385 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MELINDA K. GUFFEY, Plaintiff NO. 05' - :23PS C lu'LC-TSL"Y( v. CIVIL ACTION - LAW JAMES W. ARNOLD, Defendant CUSTODY COMPLAINT IN CUSTODY AND NOW, Plaintiff, MELINDA K. GUFFEY, by and through her attorney, G. Patrick O'Connor, Esquire, files a Complaint for Custody of which the following is a statement: 1. The Plaintiff is MELINDA K. GUFFEY, an adult individual who resides at 1441 Apple Circle #179, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is JAMES W. ARNOLD, an adult individual who resides at 216 Castle Village Circle, Jasper, Walker County, Alabama, and whose mailing address is P.O. Box 591, Oakman, AL 35579. 3. Plaintiff seeks custody of the following child/children: Name Present Address Date of Birth Mackenzie B. Arnold 1441 Apple Circle Etters, PA 17319 August 25, 2001 The child was born out of wedlock. The child is presently in the custody of the mother, MELINDA K. GUFFEY, who currently resides at 1441 Apple Circle #179, Mechanicsburg, Cumberland County, Pennsylvania, 17055. During the past five (5) years, the child resided with the following persons at the following addresses: Persons Address Date Plaintiff 61 Cherry Street Sherry Guffey (Plaintiffs Mother) Cordova, AL Jonathon Guffey (Plainatiffs Brother) Birth to ll/2001 & 2/2003 to 6/2003 Plaintiff Defendant Terry Dudley (Plaintiffs Aunt) 5 Dartmouth Ct. Mechanicsburg, P A 11/2001 to 3/2002 Plaintiff Defendant 216 Castle Village Circle Jasper, AL 3/2002 to 5/2002 & l/2003 to 2/2003 & 6/2003 to 7/2003 Plaintiff Terry Dudley (Plaintiffs Aunt) 5 Dartmouth Ct. Mechanicsburg, P A 5/2002 to 1/2003 Plaintiff 61 Cherry Street Sherry Guffey (Plaintiffs Mother) Cordova, AL Elmer Miller (Plaintiffs Mother's Fiancee) 712003 to 9/2003 Plaintiff Cassie Abbott (Plaintiffs Friend) 1544 Bolda Rd. Jasper, AL 9/2003 to 1 l/2003 Plaintiff 41 15 Gettysburg Rd. Sherry Guffey (Plaintiffs Mother) Camp Hill, PA Jonathon Guffey (Plainatiffs Brother) Elmer Miller (Plaintiffs Mother's Fiancee) 1 l/2003 to 5/2004 Plaintiff 1441 Apple Circle # 1 79 5/2004 to Present The mother of the child is MELINDA K. GUFFEY, an adult individual who resides at 1441 Apple Circle #179, Mechanicsburg, Cumberland County, Pennsylvania, 17055. She is single. The father of the child is JAMES W. ARNOLD, who resides at 216 Castle Village Circle, Jasper, Alabama. He is single. 4. The relationship of Plaintiff, MELINDA K. GUFFEY, to the child is that of mother. The plaintiff currently resides alone. 5. The relationship of Defendant, JAMES W. ARNOLD, to the child is that off ather. The defendant currently resides alone. 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 any 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 interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is in the better situation to provide primary physical custody and the Plaintiff has always been with the mother. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody ofthe child has been named as parties to this action. All other persons, 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: (None) WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant primary physical custody of the child to Plaintiff. DATE: 5jlf/tl~ . Respectfully submitted: ~.~ By:' .dmJ/t:d G. P5trick O'Connor, Esquire 3105 Old Gettysburg Road Harrisburg, P A 17011 717-737-7760 Attorney I.D. #64720 ATTORNEY FOR PLAlNTIFF VERIFICATION I, MELINDA K. GUFFEY, verify that the statements set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subj ect to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. ;{!1(.~~~,,~ MEL DA K. GUFFEY .~~7f o Date: .:) JO!J/bs { / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MELINDA K. GUFFEY, Plaintiff NO. v. CIVIL ACTION - LAW JAMES W. ARNOLD, Defendant CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein Custody Complaint to the party indicated below by certified U.S. first-class mail, restricted delivery and by U.S. regular first-class mail, from Camp Hill, Pennsylvania, to: JAMES W. ARNOLD P.O. BOX 591 OAKMAN, AL 35579 DATE: 5/0605 /~ Idk/U~ /0. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Plaintiff [") ~ ........ D \ ........ ........ \t (} - W ll' -- ~ IN C> ~ -- r ~ P", ,-> c::~., Zi; -- ~;~ #". --"- I \.i) o -n ..... :I:-n rl1p '-"'lr:-:. -c,U r:?jC.;J ~":; 2~~ .,\rn \ ;:'1 -<.. -'0 -.".. -"'-' 0? ...-- . MELINDA K. GUFFEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-2385 CIVIL ACTION LA W JAMES W. ARNOLD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Friday, May 13,2005 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greovy, Esq. , the conciliator, at DJ Manlove's, 1901 State St,,5a.."'Jl.!liI!>J'A!2'Ol.1.... on Friday, June 17,2005 at .lJ,Q.O......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 conterence. 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 Ahuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: .}sJ__Melissfl..P. Greevy, Esq.~_ CLlstody Conciliator '1""' The Court of Common Pleas of Cumberland COLlnty is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations availahle to disabled individuals having business before the COLl11, 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 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 17013 Telephone (717) 249.3166 ~~ f:ztl '1 ~uI il&J ,# ~~4 ;>'~/J?~t, ~;2 (7 fp '7- ~~ ~? ;; 52}. U. ,:; 5:] E/ >' ;:'-7.;)5"(/ fY 7 "t, '''II ,....-, .C'.... '\ I ,., I 1 'll" il7 "..,' "rrn6~/'(,':1 (J. t, :iVJ sJt", "".,:;lJlJl.. :~Hi ~~~\,i.':\. ,.Tr'H"- -" "'''.:..., . c'''' .... "I ,...1 ". ", (, <. :,=., ',J ;':., I ::~:-11 :lC~! I"'; It, \j;, "1\. MELINDA K. GUFFEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANIA , v. NO. 05-2385 CIVIL ACTION JAMES W. ARNOLD, Defendant IN CUSTODY ACCEPTANCE OF SERVICE I, JAMES W. ARNOLD, Defendant herein, do depose and say that I personally received and accepted service of a true and correct copy of the Complaint in Custody in the above captioned action on the ~ :3 day of May, 2005. DATE: o3;,GJh"')- / / do~ ):s W. ARNOLD n ....., 0 = c = -n "" '- :1" c::: rn-.'. r- 1J0:1 N -DC... (.~~QL " ~.~? ~5 :2:: '- -~~rn C. r:-;> L ~:o =< _I'"" W .< RECEIVED JUN 3 0200S.:l<' I MELINDA K. GUFFEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERILAND COUNTY, PENNSYLVANIA NO. 05-2385 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY V. JAMES W. ARNOLD, Defendant ORDER OF COURT AND NOW, this ,r- day of July, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Melinda K. Guffey and James W. Arnold, shall have shared legal custody of the minor child, Mackenzie B. Arnold, born August 25, 2001. Each parent shall have an equal right, to be exercised jointly with the othl3r parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The Mother shall have, primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged by a mutual agreement of the parties. 3. Plaintiff's counsel shall file a Return of Selvice with the Court indicating the service of the Complaint and Order. J. Dis!: G. Patrick O'Connor, Esquire, 3105 Old Gettysburg Road, Camp HilI, PA 17011 James W. Arnold, 216 Castle Village Circle, Jasper, AL 35503-664:1 James W. Arnold, P. O. Box 591, Oakman, Al 35579 . ~ 7-01-05 ~ ~ \-JINV^lASNf'{1d AINnC(l ''j~,'-;.''':H~~~J~fl~nQ tt :2 Wd 1- lor SOUl AtI'v'lONOH10tJd 3HL;\o 301:J:lO-031l:l Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 05-2385 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY MELINDA K. GUFFEY, v. JAMES W. ARNOLD, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT\' RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the c:hild who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Mackenzie B. Arnold August 25, 2001 Mother 2. Mother filed a Complaint for Custody on May 9, 2005. A Custody Conciliation Conference was held on June 17, 2005. Attending the Conference were: the Mother, Melinda K. Guffey, and her counsel, G. Patrick O'Connor, Esquire. The Father, James W. Arnold, did not attend. 3. Service. Counsel for Mother presented an Acc;eptance of Service form signed by the Father on May 23, 2005. The Acceptance of Service form is to be filed with the Court. This form acknowledged receipt of the Complaint in this matter. Plaintiff's counsel also indicated that the Order scheduling the Conference had been served with the Complaint at the same address. Plaintiff's counsel indicated that the Defendant had contacted him to inquire as to what would go on at the Custcldy Conciliation Conference. At that time, Mr. O'Connor was told that the Defendant did not plan to appear. 4. Mother's Dosition on custody is as follows: MClther reports that she has been the primary custodial parent throughout the child's life and that she has lived in Pennsylvania with the child since November 2003. She seeks an Order confirming primary physical custody and shared legal custody, with partial custody with the Father to be arranged by a mutual agreement of the parties. 5. Father's Dosition on custody is as follows: Father's position is unknown, as Father did not choose to appear, nor did counsel appear on h,is behalf. .- NO. 05-2385 CIVIL TERM 6. attached. The Conciliator provides an Order confirming the status quo in the form as D,taIfA~' , )Jd:J 1.L (ifJ-V'1 Melissa Peel Greevy, Esquire J Cu~;tody Conciliator :253336