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Home My WebLink About05-4506 McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com Attorneys for Plaintiff DENISE M., STARNER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 6S-,(fSO(.. r!t;..,l ~~~ CIVIL ACTION - LAW IN CUSTODY DAVID C. APPLEMAN, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile opurdv@mwn.com Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS -4s% C,'uL~~ CIVIL ACTION - LAW IN CUSTODY DENISE M., STARNER, Plaintiff DAVID C. APPLEMAN, Defendant COMPLAINT FOR CUSTOD'( 1. The Plaintiff is Denise M. Starner, residing at 44 Nottingham Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is David C. Appleman, residing at 126 Wagner Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks legal custody and primary physical custody of the following child: Name Present Residence Date of Birth Andru Appleman 44 Nottingham Drive Mechanicsburg, PA 4. The child was born out of wedlock. 11/29/04 5. The child is presently in the custody of Plaintiff who resides at 44 Nottingham Drive, Mechanicsburg, Pennsylvania 6. During the past year, the child has resided with the persons and at the following addresses: List All Persons List All Addresses Dates Denise M. Starner 44 Nottingham Drive Mechanicsburg, PA 7. The mother of the child is Plaintiff currently residing at 44 Nottingham Drive, 11/29/04 - present Mechanicsburg, Cumberland County, Pennsylvania. She is married to Scott Starner. 8. The father of the child is Defendant currently residing at 126 Wagner Street, Carlisle, Cumberland County, Pennsylvania. He is not married. 9. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: Name RelationshlQ Andru Appleman Son 10. The relationship of Defendant to the child is th.at of father. The Defendant currently resides with the following persons: Name RelationshiQ No one 11. Plaintiff has not participated as a party or witnElss, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff has no information of the custody proceeding concerning the child pending in a Court of this Commonwealth. - 2 - 13. Plaintiff does not know of a person nor a party to the proceedings who has physical custody of the child or claims to have custody or vil;itation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Mother has been the child's primary caregiver his entire life, and is best able to take care of him; and, (b) Other reasons which may more fully appear at hearing. 15. Each parent 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. No other persons are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff requests the Court to grant h.ar primary physical and legal custody of the child. McNEES WALLACE & NURICK LLC BLfk:&p~f2-1( Attorneys for Plaintiff Dated: August 30, 2005 - 3 - VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief, I understand that false statements are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. lli~1-- ~~~ Dated: C1frWt 2~ ZGOS- CERTIFICATE OF SERVICE; The undersigned hereby certifies that on the 30th day of August 2005, a true and correct copy of the foregoing document was served by certifiEld first-class mail, return receipt requested, restricted delivery, upon the following: Mr. David Appleman 126 Wagner Street Carlisle, PA 17013 -P~~J~)-6 Of Counsel for Plaintiff 0 -.fJ:l -p 't- --- --- ~ --- ....' 0 CJ <:;:::' (;;:;:~) -n C <:...1" 1 Vi. ~. c~.- ..-n - Ul () rlli~ G') -Cl';,!'l. ~ ..t ~ (,...) ~ ;~! '-( ""'V lr'\ - <,),c) - .-c ~;'.1 S '-!::.. -:J L.0~8 -','" ~ <-.:: ~.:dt -,-- - '~ co !\Fl " .. ,- " ... DENISE M, STARNER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4506 CIVIL ACTION LAW DAVID C. APPLEMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 08, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Maulove's, 1901 State St., Camp Hill, PA 17011 on Friday, October 14, 2005 at 1:00 PM 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, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!;. FOR THE COURT. By: /s/ Melissa p, Greevy, Esq, .5 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 infonllation 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 17013 Telephone (717) 249-3166 ~.fp~ ~~? So~'p . ;G --p -'P~~ ~It, >>& f ~ ~ 7 /P'~,y '6.6p -/1/ Y/,j'P !~d '":':1'/.,:n8 81J :z iLJ G- (F'S I;OOZ McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4506 DENISE M., STARNER, Plaintiff DAVID C. APPLEMAN, Defendant CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Pursuant to rule 229, please mark the above referenced custody action discontinued without prejudice. McNEES WALLACE & NURICK LLC BY~~~___ Attorneys for Plaintiff Dated: October 12, 2005 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 12th day of October 2005, a true and correct copy of the foregoing document was served by certified first-class mail, return receipt requested, restricted delivery, upon the following: Michael A. Scherer, Esquire 19 W. South Street Carlisle, PA 17013 Pamela L. Purdy Counsel to Plaintiff n c-- r-.~ (':?, i:::;~1 C> " -., -. n ':;1"1 .--\ ~t""n t-n;:.::.. _'1"" l'-~1 C} . , 'fu.\ 9 f'V o RECEIVED OCl171r~~fY?t Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-4506 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY DENISE M. STARNER, v, DAVID C, APPLEMAN, Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 14th day of October, 2005, counsel for the Plaintiff having filed a Praecipe to Discontinue this action, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. B. Melissa Peel reevy, Esquire Custody Conciliator :260916 ~s ..~} c:~ "'l'l c.r'l c'::l , . -.', CQ "' (f'! r'':' -