HomeMy WebLinkAbout06-0377
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ANGELA M, FARRELL and
JOHN J, FARRELL,
Plaintiffs
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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vs,
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NO, Ot.., - 271
C"ul-LT~
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ANNE DAVIS and STEVEN CARTER,
Defendants
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CIVIL ACTION - LAW
IN CUSTODY
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NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN
THE FOLLOWING 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 OF DIVORCE OR ANNULMENT MAYBE
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.
WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE
MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING, A LIST OF MARRIAGE COUNSELORS IS
AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1
COURTHOUSE SQUARE, CARLISLE, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER=S FEES OR
EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM
ANY OF THEM.
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 LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
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ANGELA M. FARRELL and
JOHN J. FARRELL,
Plaintiffs
*
*
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY ,PENNSYLVANIA
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*
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vs,
*
NO, OIP -.177
C.,(.)LCy,8L~
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ANNE DAVIS and STEVEN CARTER,
Defendants
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CIVIL ACTION - LAW
IN CUSTODY
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COMPLAINT FOR CUSTODY
AND COMES NOW, ANGELA M. FARRELL and JOHN J, FARRELL, by and
through their attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.c.,
and files the instant Complaint for Custody, and in support thereof, avers as follows:
1. The Plaintiffs are Angela M. Farrell and John J. Farrell, husband and wife, who
currently reside at 7 Monarch Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. Defendant Anne Davis currently resides at 213 Gull Court, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
3. Defendant Steven Carter currently resides at 7 E. Orange Street, Shippensburg,
Pennsylvania 17025.
4. Plaintiffs seek primary physical custody of the following child: Skyeanne Carter, born
on June 6, 2003.
The child was born out of wedlock.
The child is presently in the physical custody of Plaintiffs.
During the past five years, the child has resided with the following persons and at the
following addresses:
A. From April 2005 until the present, the child has resided at 7 Monarch Lane,
Mechanicsburg, Pennsylvania, with Plaintiffs and Plaintiff Angela Farrell's children,
Justin and Christian Madsen;
B. From September 2004 until April 2005, the child resided at lOB Richland
Lane, Apartment #108, Camp Hill, Pennsylvania, with Defendant Davis.
C. From March 2004 until September 2004, the child resided at 70 Grover Street,
Springfield, Massachusetts, with Defendants Davis and Carter.
D. From birth in June 2003 until March 2004, the child resided at 33 Stockman
Street, Springfield, Massachusetts, with Defendants Davis and Carter.
The mother of the child is Anne Davis, currently residing at 213 Gull Court, Mechanicsburg,
Cumberland County, Pennsylvania.
The father of the child IS Steven Carter, currently residing at 7 E. Orange Street,
Shippensburg, Pennsylvania.
5. The relationship of Plaintiffs to the child is that of aunt and uncle in that John 1. Farrell
is the brother of Anne Davis. Plaintiffs currently reside with Skyeanne Carter and Angela M. Farrell's
two (2) minor children, Justin and Christian Madsen.
6. The relationship of Defendant Davis to the child is that of mother. Defendant Davis
currently resides alone.
7. The relationship of Defendant Carter to the child is that of father, Defendant Carter
currently resides with various individuals in a group home setting.
8. 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 a person not a party to the proceedings who has physical custody
of the child or who claims to have custody or visitation rights with respect to the child.
.
9. The best interest and permanent welfare of the child will be served by granting
Plaintiffs legal and primary physical custody of the child,
10. 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.
WHEREFORE, Plaintiffs respectfully request This Honorable Court to award them legal and
primary physical custody of the minor child with partial physical custody to Defendants.
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO
By: -1
Bradley
ill # 78
130 W. Church Street
Dillsburg, PA 17019
(717) 432-9666
Dated: / I') Iv I~
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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.
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ANGELAM. FARRE~
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ANGELA M. FARRELL and *
JOHN J. FARRELL, * No, 0(" - .371 (}(~; CTvu->1.
Plaintiffs *
*
vs. * CIVIL ACTION - LAW
*
ANNE DAVIS and STEVEN CARTER, * CUSTODY
Defendants *
ORDER OF COURT
AND NOW, this ~ day Of~ ,2006, upon review of the foregoing
Agreement and Stipulation for Custody signed by all parties, dated it
is hereby ORDERED AND DECREED that the terms, conditions and provisions of the
Stipulation are adopted as an Order of Court as if set forth herein at length.
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BY THE COURT:
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DISTRIBUTION:
~dley A. Winnick, Esq.
~e Davis
vBfeven Carter
130 W. Church Street, Dillsburg, PA 17019
213 Gull Street, Mechanicsburg, P A 17050
7 E. Orange Street, Shippensburg, P A 17025
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ANGELA M. FARRELL and
JOHN J. FARRELL,
Plaintiffs
*
*
No. 010 - 6~7
C;u;L'J~
*
vs,
*
*
CIVIL ACTION - LAW
*
ANNE DAVIS and STEVEN CARTER,
Defendants
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CUSTODY
*
AGREEMENT AND STIPULATION FOR CUSTODY
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AND NOW, this ~ day of "/\v". rV(
and John J. Farrell (hereinafter "the Farrells"), and the Defendants, Anne Davis (hereinafter
, 2006, the Plaintiffs, Angela M. Farrell
"Mother"), and Steven Carter (hereinafter "Father"), having reached an agreement regarding
custody and the best interests and welfare of the minor child, Skyeanne Carter, born on June 6,
2003, it is hereby ORDERED AND DECREED as follows:
I. Legal custody of the minor child shall be with the Farrells.
2. Primary physical custody of the minor child shall be with the Farrells.
3. Mother and Father shall both be entitled to periods of partial physical custody at
such times as may be mutually agreed upon by the parties.
4. The parties express their consent to the terms and conditions contained herein, and
their understanding that this document shall be submitted to the Cumberland County Court of
Common Pleas for entry as an Order of Court. Any party who executes this document without
the benefit of counsel acknowledges that they are doing so freely and voluntarily, and with the full
understanding of their right to retain or consult with the counsel of their choice.
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, Esquire
Attorney for Defendant Davis
Date
, Esquire
Attorney for Defendant Carter
Date
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