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HomeMy WebLinkAbout02-0989 SAIDIS SHUFF, FLOWER & LINDSAY ATtORNEYS*AT.LAW 26W. High Street Carlisle, PA ANTHONY M. FALVO and KATHERINE M. FALVO, Plaintiffs VS. SHAWNY R. BEALL and NICHOLAS A. FALVO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA CIVIL ACTION - LAW NO. 2002 - ~ 79 CIVIL TERM IN CUSTODY and wife, residing at Pennsylvania 17055. COMPLAINT FOR CUSTODY The Plaintiffs are Anthony M. Falvo and Katherine M. Falvo, husband 131 Simmons Road, Mechanicsburg, Cumberland County, 2. The Defendants are Shawny R. Beall and Nicholas Falvo. Nicholas Falvo resides at 131 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Shawny R. Beall's last know address is 359 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffs seek custody of Destany MesheI-Anne Beall, of 131 Simmons Road, Mechanicsburg, Pennsylvania, age two years. (DOB: 2/18/2000) The child was born out of wedlock. The child is presently in the custody of Plaintiffs who reside at 131 Simmons Road, Mechanicsburg, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: NAME Plaintiffs and Defendant, Nicholas A. Falvo ADDRESS 131 Simmons Road Mechanicsburg, PA FROM/TO Birth to present SAIDIS SHUFF, FLOWER & LINDSAY ATrORN~/S*AT*LAW 26 W. High Street Carlisle, PA The mother of the child is Shawny R. Beall, currently residing at a place unknown to the Plaintiffs. She is single. The father of the child is Nicholas A. Falvo, currently residing at 131 Simmons Road, Mechanicsburg, Pennsylvania. He is single. 4. The relationship of the Plaintiffs to the child is that of paternal grandparents. The Plaintiffs currently reside with the following person(s): Nicholas A. Falvo, son; Destany Meshel-Anne Beall, grandchild; Aidan Falvo, son; and Caitlin Falvo, daughter. 5. The relationship of the Defendants to the child is that of natural parents. Nicholas A. Falvo currently resides with Plaintiffs, his parents, and Destany Meshel- Anne Beall, child, and the Defendant, Shawny R. Beall currently resides with Wayne Anderson. 6. Plaintiffs have participated as parties or witnesses, or in other capacity in other litigation concerning the custody of the child in this or another jurisdiction. The Court and Term No. and its relation to this action is No. 00-7358 Civil Term, Custody Action, Cumberland County, Pennsylvania. Shawny R. Beall vs. Nicholas A. Falvo. A copy of the most recent Custody Order entered in that case is attached hereto as Exhibit '%". 7. The Plaintiffs have no information of a custody proceeding concerning the child pending in a court of the Commonwealth or any other state. 8. The Plaintiffs do not know of a person not a party to the proceedings who SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS.AT*LAW 26 W. High Street Carlisle, PA has physical custody of the child or 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 the relief requested because: a) Plaintiffs can provide a safe, secure and wholesome living environment for the child while the natural parents cannot. 10. 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, the Plaintiffs request this Court to grant primary physical custody of the child to the Plaintiffs. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorn~i~,~~- By: ~ /Caro) J. Lindsa~j, Esquire j~ ID~4693 / ~--~'26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY A~roRNEYS.AT.LAW 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby vedfy that the statements made herein 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. ANTHONY M. FALVO AND KATHERINE M. : FALVO PLAINTIFF V. SHAWNY R. BEALL AND NICHOLAS A. FALVO DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-989 CIVIL ACTION LAW IN CUSTODY RT AND NOW, Friday, March 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before I-lubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 05, 2002 at 10:30 AM for a Pre-Heating 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 hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy. Esq, 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 information 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W, High Street Carlisle, PA ANTHONY M. FALVO and KATHERINE M. FALVO, Plaintiffs VS. SHAWNY R. BEALL and NICHOLAS A. FALVO, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLANIA : CIVIL ACTION - LAW : NO. 2002 - 989 CIVlLTERM : . : IN CUSTODY AFFIDAVIT OF SERVICE at approximately I0" q 0 , hereby certify that I served the __ o'clock /~. m. by__ Date