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Home My WebLink About06-0566 HAROLD BOOTH, JR. and JOANN M. BOOTH, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA O 0(, - Sf, C. &uJ 7~ N . Plaintiffs CIVIL ACTION - LAW v. IN CUSTODY JOSEPH E. MARROQUIN, JR., Defendant COMPLAINT FOR CUSTODY 1. Plaintiffs, Harold Booth, Jr. and JoAnn M. Booth, husband and wife, reside at 24 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Joseph E. Marroquin, Jr. resides at c/o Cheryl Jones, 201 Lincoln Street, Duncannon, Perry County, Pennsylvania 17020. 3. Plaintiffs seek custody of the following children: Name Dawn Marie Marroquin Present Residence 24 N. Enola Drive Enola, PA 17025 Dominic Andrew Marroquin 24 N. Enola Drive Enola, PA 17025 4. The children were born out of wedlock. 1 5. The biological mother, Valerie D. Gher, passed away on June 20,2005. 6. The children are presently in the custody of the Plaintiffs, Harold Booth, Jr. and JoAnn M. Booth, who reside at 24 N. Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 7. Since birth, the children have resided with the following persons at the following addresses: Name Address Dates 1. Valerie D. Gher South Main Street 9/9/2001 to Early 2002 Joseph E. Marroquin, Jr. Marysville, PA 17053 2. Valerie D. Gher 2B Suzanne Drive Early 2002-? Joseph E. Marroquin, Jr. Duncannon, PA 17020 3. Valerie D. Gher 431 South Enola Drive ? to 6/20/2005 Joseph E. Marroquin, Jr. Apartment A Enola, PA 17025 4. Michael J. Gher 601 Dellville Road 6/20/2005 to 6/27/2005 Barbara Gher Duncannon, PA 17020 5. Joseph E. Marroquin, Jr. 184 Ashford Drive 6/27/2005 to 1/19/2006 Enola, PA 17025 6. Harold Booth, Jr. 24 E. Enola Drive 1/19/2005 to Present JoAnn M. Booth Enola, PA 17025 8. The mother of the children is Valerie D. Gher. She was single prior to her passing on June 20, 2005. 9. The father of the children is Joseph E. Marroquin, Jr. 2 10. The relationship of the Plaintiffs to the minor children is that of guardian standing in loco parentis. 11. The Plaintiffs currently reside with the following persons: 12. The relationship of the Defendant to the children is that of father. 13. The Defendant currently resides with the following person Antoinette Marroquin. 14. The Plaintiffs have not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other court. 15. Plaintiffs do know of a person not a party to the proceedings who have physical custody of the children or may have claims to custody or visitation rights with respect to these children. 16. The best interests and permanent welfare of the children will be served by granting the Plaintiffs, primary physical and sole legal custodial rights because: A. The Defendant, Joseph E. Marroquin, Jr., the biological father agrees that it is in the children's best interests to grant such relief and he has indicated that he will enter into a Stipulation indicating the same. 3 B. The Plaintiffs, having stood in loco parentis to the children as parents, custodians and guardians, have a strong bond and relationship with the minor children and are emotionally and financially able to provide for the children. C. The Defendant, Joseph E. Marroquin, Jr., the biological father intends to voluntarily terminate his parental rights to the minor children and consent to the Plaintiffs' adoption of the minor children. 17. The children's parents were never married. 18. Each parent whose parental rights to these children has not been terminated and the persons who have physical custody of the children have been named as a party to this action. WHEREFORE, the Plaintiffs, Harold Booth, Jr. and JoAnn M. Booth, respectfully request this Honorable Court to grant primary physical and sole legal custody of the minor children, Dawn Marie Marroquin, born September 9, 2001, and Dominic Andrew Marroquin, born July 15, 2002, to them. Respectfully submitted, Date: ,/:l.'1/,.'{ JOHNSON, DUFFIE,YEWART & "NER t2// c-- :266851 4 VERIFICA TION I, MARK C. DUFFIE, ESQUIRE, attorney for HAROLD BOOTH, JR. and JOANN M. BOOTH, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.SA !j4904. Date: II :L~lc (;. ~ ~. C. DUFFIE, 5 . CERTlFICA TE OF SERVICE AND NOW, this 1':' day of January, 2006, the undersigned does hereby certify that he did this date serve a copy of the foregoing upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Joseph E. Marroquin, Jr. clo Cheryl Jones 201 Lincoln Street, Apt. D. Duncannon, PA 17020 JOHNSON, DUFF~EWART & WEIDNER / / /~ / .... . / By: // :266851 6 ---. ...J \.N .l;:::' V }! ~ " ~ ~ '-.. -0 "- '-J ."" "- ~ l.f'. \"';:1 'l, '::", .l?:, \~ (") ....' 0 ~::]O C ~:-::l ,'n ,:5"'" . .-4 --a i- <- :t:-n ""- q)l..: ;p- rn{;;- ~ , % _,.,rn \...f"-:. ~~;/ N ';:~_?l~~) '..\ {'T! -l , . "" V::'\ ':> """ ~;::~-:~ rs: ~.J :~\~',~ :x: c)cn. ."., ~ -. Z ;;0 ~\ .--\ N "- ~ -<: (..) .< \~ ~ ';,~ ~ HAROLD BOOTH, JR. and JOANN M. BOOTH, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 {,. -,)-C L CivJ -r;",.- Plaintiffs v. CIVIL ACTION - LAW IN CUSTODY JOSEPH E. MARROQUIN, JR., Defendant STIPULA TION FOR CUSTODY WHEREAS, the Plaintiffs are the guardians and custodians standing in loco parentis to the two minor children: Dawn Marie Marroquin, born September 9, 2001; and Dominic Andrew Marroquin, born July 15, 2002; and WHEREAS, the Defendant is the biological father of the minor children; and WHEREAS, the biological mother, Valerie D. Gher, passed away on June 20, 2005; and WHEREAS, the parties have reached an agreement with respect to a custodial and parenting plan which they believe reflects the best interests of the children. NOW, THEREFORE, intending to be legally bound, the parties stipulate and agree as follows: 1. Leaal Custody. The Plaintiffs, Harold Booth, Jr. and JoAnn M. Booth shall have sole legal custody of the minor children, Dawn Marie Marroquin, born September 9, 2001, and Dominic Andrew Marroquin, born July 15, 2002. The Plaintiffs shall have the exclusive right to make all major non-emergency decisions effecting the childrens' .~ general well being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.SA Section 5309, the Plaintiffs shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious and school records. 2. Phvsical Custody. Plaintiffs shall have sole physical custody of the minor children: Dawn Marie Marroquin, born September 9, 2001, and Dominic Andrew Marroquin, born July 15, 2002. 3. The parties intend that this Stipulation made in an Order of Court. 4. The Defendant acknowledges that this custodial arrangement is a precursor to the Plaintiffs' adopting the minor children and as such, the Defendant, concurrently herewith, has executed a Consent f Adoption. Date: ~'l>>lo~ \ \~\ ()G JO N M. OT J'j~;'6~ !r Date: Date: J - Le'tio :266857 Q c .., c;':';) c.::-' ~~ ". .~~ '- :t--- .-,y - -vlji rnill -1'-'-' ~) {~} rv -' c: z =2 :t:~ ::;: ~ -' ::t:-n rn~ _'Qcq ..c:. ~~~ ~~?, "1_ ~ll "-)0 :trn , , .-:~ " ~':q .~ - -.- .- rv ..s:> I" 7 : ,1.6~',.J ;l n 20Ub HAROLD BOOTH, JR. and JOANN M. BOOTH, husband and wife, 'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA Plaintiffs NO. tJt. ',-<'Z:,t. /J .I J Lt'{ t<< CIVIL ACTION - LAW IN CUSTODY v. JOSEPH E. MARROQUIN, JR. Defendant ORDER OF COURT AND NOW, this :J..,,( day of f~~ · Y , 2006, it appearing that the parties have reached an agreement with regard to custody of the minor children, the attached Stipulation is incorporated into this Order 0 BY J. Date: ') I ~/D it, Djst: Mark C. Duffie, Esquire, 301 Market Street, PO Box 109, Lemoyne, PA 17043 Joseph E. Marroquin, Jr., cia Cheryl Jones, 201 Lincoln Street, Apt. 0, Duncannon, PA 17020 /~..;~~ ,j. D?<J (.. (-)-, "~':',\nJ ~. .?\" I L I .(> $'Ia z - 233 SGQI A.tlV10,",ltji)I.IJ)d,;,\ 3\11 jO 3:)~..-\:~CI-{}::n\j . Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie 1.0. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff HAROLD BOOTH, JR. AND JOANN M. BOOTH, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-566 CIVIL TERM JOSEPH E. MARROQUIN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY PROOF OF SERVICE AND NOW, this 10th day of April, 2006, the undersigned does hereby certify that she did, on January 31, 2006, serve a copy of the Proof of Service of the Complaint in Custody and Stipulation upon the other party of record by causing same to be deposited in the United States Mail, first class, Certified Mail, Return Receipt Requested, Restricted Delivery, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows, as confirmed by the signed receipts attached hereto as Exhibit A. Respectfully submitted, DATE: April 1 0, 2006 JOHNSON, DUFFIE, STEWART & WEIDNER /1- ) By:CC.J.A....lA..(JlCU.,t. I Cassandra T. Rosen aum :271471 ['- o <0 :T U.S. Postal Service", CERTIFIED MA:I::OM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ['- <0 ru ['- PostIlgo $ ru o o Return Reclept Fee o (Endorsement Required) Certified Fee Postmark HOTO D RestrIcted Delivery Fee Ul (Endorsement Required) ['- o Total Postage & Fees :T o o ['- I. . . . COMPL[JE THIS SECTION ON DELIvERY . Complete Items 1. 2, and 3. Also complete Item 4 If 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 mail piece. or on the front if space pennits. 1. Article Addressed to: B. x JO~1>V\ 6.t'v\<lrroctWh:J( ~O Olvn~ I JOne.4J 'I 2JJ l LA vtCDl n S-tr. ~ 'D 3, Service Typo {T!-' I jltCortlllod Mall l)lA~IU\VlOV\ 'VA II 0'20 g ~:~~all 4. Restricted Delivery? (Extra Fee) [J Express Mall o Return Receipt for Merchandise [J C.O.D. [J Ves 2. ArtIcle Number rr_from_1abe/) PS Form 3811, February 2004 7004 0750 0002 7287 4807 Domestic Return Receipt 102595-02-M.1540 . Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie 1.0. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff HAROLD BOOTH, JR. AND JOANN M. BOOTH, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-566 CIVIL TERM JOSEPH E. MARROQUIN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY PROOF OF SERVICE AND NOW, this 10th day of April, 2006, the undersigned does hereby certify that she did, on January 31, 2006, serve a copy of the Proof of Service of the Complaint in Custody and Stipulation upon the other party of record by causing same to be deposited in the United States Mail, first class, Certified Mail, Return Receipt Requested, Restricted Delivery, postage prepaid, at lemoyne, Pennsylvania, addressed as follows, as confirmed by the signed receipts attached hereto as Exhibit A. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER DATE: April 10, 2006 :271471 ~ . U.S. postal ServiceT. 1'0" CERTlAED MA~Ln' n.:.CEIPT . ~~9~~~~~~~~~~~~~~ ['- Cl ~ r~':':'~~":""'''''''''''''''':''''''. ";me,,,"" ',,""';::"" m '""-- ~""" M ,l J'~ j \' j, "'\ I ! ,- , i/"" )1M il u , .ij """," ,~~- qJ " ~. "'~>) ,~j'" ru ['- Postage $ ru Certified Fea Cl o Return RaciElPtFee t::I (Endorsement ReqUIred) o Restrict8d Delivery Fee U1 (Endorsement Required) ['- o Total postage & Fees ~ Cl Cl ['- postma.rk Here SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . Complete ~ems 1, 2, and 3. Also complete item 4 if 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: B. x j;~1>V\ E.. MOKro~tUV\ J"( ~o 0l0'~ I JOne~ 20 l l.,A VtCDI n S-+r. Apt 1) DU.VI.C()..jI\VlOV\ 'FA no?o 3. Service Type ,P!l.Cortlfled Mall Cl Express Mall o Registered CJ Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted DeJivef)'? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7004 0750 0002 7287 4807 Domestic Retum Receipt 1025Q.5..Q2.M-1540 r"", ,0 :2. .-i (_,'r ~---