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HomeMy WebLinkAbout05-4195 RUTH NEWSWANGER and EDWARD NEWSWANGER, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. . /" : No. Os- ~;<16 Civil Term KELLY CREAGH, : ACTION IN DIVORCE Defendant CUSTODY COMPLAINT 1. Plaintiffs are Ruth Newswanger and Edward Newswanger, who currently reside at 441 McCulloch Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Kelly Creagh, who is believed to reside somewhere in the Philadelphia area. 3. Plaintiffs have been the caretakers for and have been in loco parentis for the following child and seek custody of the following child: NAME DOB/AGE ADDRESS Drew Anthony Creagh August 22, 2003 441 McCulloch Rd. Shippensburg, Pa. 17257. Petitioners currently have primary physical custody ofthe child. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Ruth Newswanger Edward Newswanger 441 McCulloch Rd. Shippensburg,Pa.17257. 9/03 to present. The mother of the child is Kelly Creagh, and she is currently believed to reside in the Philadelphia area. Petitioners believe she is not married. The father the children is Anthony Johnson. Petitioners believe he is deceased and passed away in prison in 2004. 4. The relationship of Plaintiffs to the child is that of caregivers. The persons that the Plaintiff currently resides with are: the child. 5. The relationship of defendant to the child is that of Mother. The persons that the Defendant currently resides with are unknown. 6. Plaintiffs have 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. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiffs do not know of a party to the proceedings who has physical custody of the child or anyone who 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: a. On or about August 22, 2003, Mother, Kelly Creagh, signed an agreement giving temporary custody of Drew Creagh to Ruth and Edward Newswanger. They have been in loco parentis and the primary caretakers since this date. (Please see custody agreement, attached as Exhibit A). b. At the time of execution of the custody agreement, Mother, Kelly Creagh, was in prison and the child was placed with the assistance ofthe Archodiocese of Philadelphia, Office of Prison Ministry. c. Petitioners have had very little contact with Mother during the past two years. Their last contact with Mother was in March 2005 from prison when she did not request a visit with the child. d. Petitioners believe that Mother has since been released from prison but they do not know her whereabouts. e. An order granting Petitioners custody would be in the best interest of the child because it would provide stability and security for the child. Petitioners are not necessarily opposed to Mother having visits; however, they would like to prevent Mother from taking the child without notice and would like ensure that Mother is in a position to safely care for the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiffs request the court to grant custody of the child. Date: ~IIG JOS J e Adams, Esquire .D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFFS TEMPORARY CUSTODY I.kll~ (I(~~ . op# 'SJ"J0', Located at the pruPadeiphia Correctional Center 8301 State Rd. Phila., PA 19136 . Bei.ng of sOlIDd mind and body do declare the followrog: I am the natural mother of the following child/children: -::J)-ew ~f1-+h~ 0J~0[;1.1 OOB: ~. ;;J;:;) -Q2. DOB: OOB: OOB: OOB: " Du!'lllg L"e time of my con.tilldme::clmy c.fu.ld/c.'uJdren will be Glred for bv ;J,tliE; ?~h ~ l'l~U)SCUl\f'I~ .illDP.ISS~ mQ. C.I1JJtxh Ro'l"j 3hr?r~nsh.Jr1 Pi) /T(~7 PHONE Nmillm: In.6 3;} -/08 I . I Wi8h to give the above [lamed c.fu.ld/c.fu.ld.ren care provider tempar] Cuardian8hip/Cu8tody Wtth re5pec~ to all mat.lers pe:i2i1.tIlg to the medical.healL'l.education. and legal matters a8 well a8 cclY matters reguarding Public .\soiatance or the well be'JJB of the child/chileren. Thia Temporulj eustocy Orcer Ie [lot to be co~tr'Jed ce license to aeewne that I , the nc.wrcl m.oL1.e:-. gi','e pe:'Xi.sc31CG !;:: C3.t.:..5C 3.cticc. cf r-..egli;ence or abc:ndcf'~ent of::;.y child/children. Thie form ie for UIe ter:n cf my ccnfuldmeaL and I reserve the r'.ght to wlthcirawl eaid cmtody at my de8ire or upon my re!eaee. SWOR.~ .ISO SUBSCRIBED B.Wm ~lONTH~O.\Y OF-4-20 0.3 ';!1t( llYvlnuYl NOnRY ~a0 O~~ - 1)3 e.-Xfh(S ('I A- VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 1- J 3 - 6 r; Date: t.- 13-6S- Qml~~ ~ Edward Newswanger, Plain' ~~~ .~~ <;:j ~ ~~ -. ,.---., ,~ \~ ~ ~ ~ ~ q, ~ ::I'I-::g 1"<:: :;,t? -.._'0 ~::,i .-,' , :;': ;~f~i -- <~ .. ~1?' r--> ~ -- ..,.. 'C...: G") -- (f' l. ~J. - RUTH NEWSWANGER AND EDWARD NEWSWANGER PLAINTIff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 05-4195 CIVIL ACTION LAW KELLY CREAGH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, August 19, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 29, 2005 , the conciliator, at 8:30 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 ,:he court, and to enter into a temporary order. All children age five or older mav 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, Special Relief orders, and Custody orders to the conciliator 48 bours prior to scheduled heariUl~. FOR THE COURT. By: Isl Hubert X. Gilroy, Esq. ~ Custody Conciliator f' 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. AI! 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 OFF1CE 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 .Jh; 0/--1- ~ P ~ ~lI, 50 I .~b .~ ~'j/. ~ ~ .~ Jo.[(',J ~/VJw '$~ ~ -pp _50 /.,b i...r, ' \ \ 1,,\~"'1\)' ,,-,," <c,~ 'J(\'q c,'U'U1. \ \ :1\ \\<1 , -I_Ii. ::;0 ,,.-,, \\Os.\c\ :1r- ~~'o;jl-O~~':rG3\\j J'y RECEIVED OCT 052005 ~t RUTH NEWSWANGER and EDWARD NEWSWANGER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA NO. 05-4195 CIVIL ACTION - LAW V. KELLY CREAGH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 10 tt. day of October, 2005, upon consideration of the attached Custody Concialation Report, it is ordered and directed as follows: 1. The Plaintiffs, Ruth Newswanger and Edward Newswanger, shall enjoy legal and physical custody of Drew Anthony Creagh, born August 22, 2003. 2. The Mother, Kelly Creagh, shall enjoy periods of temporary custody with the child at such times and under such circumstances as agreed to by the Plaintiffs. 3. If either party is dissatisfied with this Order, that party may petition the Court to have the case again scheduled for a Custody Conciliation. 4. Counsel for the Plaintiffs is directed to ensure that a copy of this Order and the accompanying Custody Conciliation Report is served on the natural Mother. BY THE COURT, ~ Judge C: .".ra:ne Adams, Esquire )Ms. Kelly Creagh ) , ~, , ", . AU\" " :/'ilJ r. j. :1"11 i."! '.' l , < ,''-' Z i I.JO soaz RUTH NEWSWANGER and EDWARD NEWSWANGER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 05-4195 CIVIL ACTION - LAW V. KELLY CREAGH, Defendant IN CUSTODY II CUSTODY CONCILIATION REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Drew Anthony Creagh, born August 22, 2003 2. A Conciliation Conference was held September 29, 2005 with the following individuals in attendance: Plaintiffs Ruth Newswanger and Edward Newswanger, with their counsel, Jane Adams The Mother did not appear. However, the Mother was served with notice of the hearing, and Attorney Adams spoke with the Mother on the phone on September 28. 2005. The natural father of the minor child is deceased. 3. This is a situation where the Plaintiffs took custody of the minor child a few weeks after the child's birth because the Mother was in prison. The Mother transferred custody pursuant to a Temporary Custody Agreement organized by the Prison Ministry of Philadelphia. The Plaintiffs have had custody since that time. Mother is now out of prison, and she suggested to Attorney Adams that she is not in a position to take custody of the minor child. The Plaintiffs merely want to have a formal Order to ensure that they can maintain insurance and have other custodial rights relative to the child and to also ensure that there is some stability in the child's life. 4. The Conciliator recommends an Order in the form as attached. Date: Irt- J-or Het.~re Custody Conciliator RUTH NEWSWANGER and EDW ARD NEWSWANGER, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 4195 Civil Term KELLY CREAGH, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this October 24,2005, I, Jane Adams, Esquire, hereby certify that on or about October 20, 2005, I served a certified true copy of the CUSTODY ORDER in the above-captioned matter, on the mother of Drew Creagh, at her last known address, via certified mail, return receipt requested, addressed to: ":'1'ot'l.~,..,~,.-.... .. Kelly Creagh 2440 Kensington Ave. Philadelphia, Pa. 19125 DEFENDANT SENDER: r::011';, dO rE 'T'; 1:5 C::EC 7":C^! CaMPI f Tf rH'S SECTION ON DELIVERY . Complete items 1, 2, and 3. Also complete item 4 11 RestriCted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature x D. Is delivery address different from item 1? 0 Yes If YES. enter delivery address below: 0 No O-..v-<- 3. Service Type "";s(Certified Mail D Registered D Insured Mall o Express Mail D Return Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (rransfer from service labeO PS Form 3811. February 2004 7003 1010 0004 7818 6909 Domestic Return Receipt 102595-02-M-1540 J e Adams, Esquire .D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ~ TTORNEY FOR PLAINTIFF ....,...., ------,--