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Home My WebLink About05-5459 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVINP, SULLIVAN, Plaintiff CIVIL ACTION - LAW v, NO, 2005- S-if ')'9 Gud ~R.m SARAH A. CARTER, Defendant IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE ALA WYER 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 (717) 249-3166 NOTICIA Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion, U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion ypor cualguier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted, LLEVE EST ADEMANDAA UN ABOGADO IMMEDIA T AMENTE. SINO TIENE ABOGADO o SINO TIENEELDINERO SOFICIENTE DEPAGAR TALSERVICO, VA Y AENPERSONAL o LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 KNIGHT & ASSOCIATES, p,c. M, Shultz, EsqUIre Attorney ill No, 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA KEVIN p, SULLN AN, Plaintiff CNIL ACTION - LAW v, NO, 2005- .5'lj~f CULlY~ SARAH A, CARTER, Defendant IN CUSTODY COMPLAINT FOR PRIMARY CUSTODY AND NOW, this 14th day of October, 2005, comes Plaintiff, Kevin p, Sullivan, by and through his attorneys, Knight & Associates, P.e., and files the following Complaint for Primary Custody in support thereof avers as follows: L The Plaintiff is Kevin p, Sullivan, who resides at 267 Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. 2, The Defendant is Sarah A. Carter, who resides at 4701 Stone Avenue, #A5, Sioux City, Iowa 51106, 3, The Plaintiff seeks primary custody and visitation of the following children: Name Present Residence Age D/OIB Mhorigann Inanna Danu Carter 267 Lincoln Street Carlisle, P A 17013 3 June 3, 2002 Mhorigann Inanna Danu Carter was born out of wedlock. The child is presently in the physical custody of the Plaintiff. In addition to the child's present address, during the past five years, the child has resided with either Plaintiff or Defendant at the following addresses: a, From birth to July 10,2005 with Defendant and Defendant's friends and family at various address and homeless shelters in Missouri and Iowa and occasionally at Defendant's grandmother's residence at 310 5th Avenue, Hornick, Iowa; b, From July 10,2005 to September 1,2005 with Plaintiff, Plaintiffs wife, Lynn Sullivan and her parents, Tieu and Dennis Arashiro at 2181 Makanani Drive, Honolulu, Hawaii; and c, From September 1,2005 to present with Plaintiff and Lynn Sullivan at 267 Lincoln Street, Carlisle, Pennsylvania, The mother of the child is the Defendant who resides at 4701 Stone Avenue, #A5, Sioux City, Iowa 51106. The father ofthe child is the Plaintiff who resides at 267 Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013, 4. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with Lynn Sullivan and the minor child, 5, The relationship of the Defendant to the child is that of natural mother, It is unknown ifthe Defendant is residing with anyone, 6, Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court The Plaintiff has no information of a custody proceeding concerning the custody ofthe child in this or any other court, 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 respect to the child, 7, The best interests and permanent welfare ofthe child will be served best by granting the reliefrequested because: a) The Plaintiff has had shared physical and legal custody ofthe child since the child's birth; b) The Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) The Plaintiff is, and has always been, willing to accept custody of the child; and d) The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of the child; and e) The Plaintiff provides a more stable home environment. f) Defendant delivered custody of the child to Plaintiff while the Plaintiff resided in Hawaii. At the time, Defendant knew that the Plaintiff would be moving to Carlisle, Pennsylvania with his wife and the child by September, g) Defendant dressed the child as a boy and referred to her as a boy while the child was in Defendant's care, h) Defendant neglected the child, i) Defendant was arrested for threatening to kill her grandmother and sister, but the charges were dropped, 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, There are no other persons who are known to have or claim a right to custody or visitation ofthe child, WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant him physical custody and shared legal custody of Mhorigann Inanna Danu Carter. Respectfully submitted, an M, Shultz, Es ' Attorney ill No, 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff F:\USCI" Folder\Firm Docs\Geodoc::52SU884--1cu!l.oomplaint.wpd VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. ?/?- Kevin P. Sullivan 70 (:) ~ ^ - ij:. ~ ........ .--- - 0 ('- -- ~ w ~ Vt ~ r-- 0"- ~ S c~ l'.:..:'" c~~ CJ ,"-,I ....n c-, :-;:-J - ".0 i",,":;' ~, ~i _ :O;'J .+: -< r-Il 8 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMI3ERLAND COUNTY, PENNSYLVANIA KEVIN p, SULLlV AN V, 05-5459 CIVIL ACTION LA W SARAH A, CARTER IN CUSTODY DEFENDANT ORI>ER Of COURT AND NOW, __Wednescllix_, October 26...JO(j5_______ ..,' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear hefore Hubert X, Gilroy, Esq, , the conciliator, at _4th_Floo,:<,<::umberlaudCouI1ly, Courthouse, Carlisle on___'I'"ursd,aY,,[)ec~lI1b~r_OI,2005 at 10:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will he made to resolve the issues in dispute; or if this cannot be accomplished, to denne and narrOVi the issues to be heard by the court and to enter into a temporaf) order. All children age five or older may also be present at the conference, Failure to appear at the contcrence mal' provide grounds for entry of a temporary or permanent order. The court hercby dirccts the parties to furnish any llRd all existing Protection from Abusc orders, Special f{elief orders, and Custody orders to the conciliator 48 hours prior to scbeduled hearing, FOR THE COURT, By: _;,;/___lfylJert ){.J;ilroJ'L.fu<J,____+Af\/ Custody Conciliator ~' The Court of Common Pleas of Cumberland County is required by law to eomply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disablcd individuals having business before Ihe 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 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 ('ounty Bar Association 32 South Bedj'lfd Street Carlisle, Pennsylvania 170 I J Telephone (717) 249-3166 v:I ~. .;1- -1""1f' ""I 5/ft'J( -;:;fr t ~:I 14;; j?l $(-'- 01 W fr' :J'. Ar',v 4,1"l .9? gP4( ?~"' ; :': ; \ -l C' ! .^. -q 1 I)...- KEVIN P. SULLIVAN, Plaintiff DEe 0 7 2005 ;/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 05-5459 CIVIL ACTION - LAW SARAH A. CARTER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this \ 7_tl day of December, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Kevin P. Sullivan, shall enjoy sole legal c:ustody and primary physical custody of Mhorigann Inanna Danu Carter, born June 3, 2002. 2. The Mother, Sarah A. Carter, shall enjoy periods of lisitation with the minor child at such times and under such circumstances as agreed to by the parties. 3. In the event Mother is not satisfied with the amount of visitation afforded to her by the Father, or Mother otherwise desires to modify this Order, Mother may petition to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, Judge Cc: ~n M. Shultz, Esquire ...Ms. Sarah A. Carter \I /~) ,/ ( <yeP \)' ~ \-, " KEVIN P. SULLIVAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 05-5459 CIVIIL ACTION - LAW SARAH A. CARTER, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY 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 infonnation pertaining to the child who lis the subject of this litigation is as follows: Mhorigann Inanna Danu Carter, born June 3,2002 2. A Conciliation Conference was held on December I, 2005, with the following individuals in attendance: The Father, Kevin P. Sullivan, with his counsel, Sean M. Shultz, Esquire The Mother did not appear. There is no fonnal record of service on Mother with the conciliation notice, but Father indicates he had a telephone call with Mother and that Mother acknowledged that she received notice of the Conciliation Conference on December 1. 3. Mother is residing in Iowa. She has not seen the minor child since last July. The child has been in Father's custody since that time. Father is seeking an Order merely continning the current status quo. 4. The Conciliator recommends an Order in the fonn as attached. Date: ~ ::>-lJ- () ~' Custody nciliator