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HomeMy WebLinkAbout02-1152DANIEL R. FARROW AND ANDREA J. FARROW, Plaintiffs BARBARA J. FARROW and JOHN DOE Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION -- LAW : No. . : CHII D 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL 'HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 N. Front Street Harrisburg, PA 17101 (717) 232-7536 DANIEL R. FARROW AND ANDREA J. FARROW, Plaintiffs Vo BARBARA J. FARROW and JOHN DOE Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION -- LAW : : NO. IhSO.- : CHILD CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiffs are Daniel R. Farrow and Andrea J. Farrow, residing at 701 Shepardstown Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendants are Barbara J. Farrow, residing at Highland Falls, New York, and John Doe, the father, whose identity and whereabouts are unknown to Plaintiffs.. 3. Plaintiffs seek custody of the following child: Name Present Residence Age Andrew Charles Daniel Farrow at 701 Shepardstown Road, ll weeks(B/D 12/5/01) Mechanicsburg,, Pennsylvania. 4. The child was bom out of wedlock. 5. The child is presently in the custody of Plaintiffs, who reside at the above address. 6. During the past five years, the child has resided with the following persons and at the following addresses: NAMES OF PERSONS Plaintiffs, Johna J. Farrow (daughter) ADDRESSES 701 Shepardstown Road, Mechanicsburg, Pennsylvania. DATES Birth to present 7. The mother of the child is Defendant Barbara J. Farrow currently residing at Highland Falls, New York. She single. 8. The father of the child is John Doe, whose identity and whereabouts are unknown to Plaintiffs. 9. The relationship of Plaintiffs to the child is that of maternal grandparents. The Plaintiffs currently reside with the following persons: Name Relationship Johnna Farrow Daughter of Plaintiffs 10. The relationship of Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: Name Relationship (Unknown) 11. Plaintiffs have 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. Plaintiffs have no infomlation of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiffs do 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. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because off A. The age of Defendant; B. The medical condition of Defendant; C. The willingness of Plaintiffs to work with Defendant. D. The existence of an agreement for custody and visitation. 13. Each known parent whose paternal rights to the child have not been terminated and the person who has physical custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim WHEREFORE, Plaintiffs request the Court to grant custody of the child to them, subject to reasonable fights of visitation with Defendant. Kenneth A. Wise, Esquire 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 VERIFICATION I verify that the statements made in this C'omplaint are lame and correct. I understand that false statemems herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. t'Dafiiel R. Farrow AGREEMENT OF PARTIES AND NOW come the parties to this Agreement, Daniel R. Farrow and Andrea J. Farrow, husband and wife (also known in this document as "Grandparents") and Barbara Jean Farrow, (also known in this document as "Mother") and hereby agree and stipulate WHEREAS Daniel Farrow and Andrea Farrow are the parents of Barbara Jean Farrow; and WHEREAS Barbara Farrow is age 18; and WHEREAS Barbara Jean Farrow is the natural mother of Andrew Charles Daniel Farrow, bom December 5, 2001; and WHEREAS the child has resided in the household and under the care of Grandparents; and WHEREAS both Grandparents and Mother agree that Mother's current circumstances are such that it would be advantageous for the child to continue to reside in the household and in the care of Grandparents; and WHEREAS the father of the said child has not shown an interest in raising the child; WHEREFORE the parties agree and stipulate as follows: 1. Grandparents will have primary legal custody of the child. Grandparents will have the primary right to make important decisions in the life of the child, such as medical care, religious training, school, and the like. In this regard, Mother shall also have the right to express her opinions and desires for the care of the child, which opinions and desires shall not be unreasonably disregarded by Grandparents. 2. Grandparents shall have primary physical custody of the child. 3. Grandparents shall make every effort to arrange for appropriate periods of visitation with Mother and will take reasonable steps to see that Mother has contact with the child, both physical contact and reasonable telephone contact. 4. Grandparents will be flexible in arranging for periods of visitation. IN WITNESS THEREOF, parties have set their hands on the date recited beside the name of each. Date Date Date Andrea J. Farrow Daniel R. Farrow Barbara Jean FanVow DANIEL R. FARROW AND ANDREA FARROW PLAINTIFF : V. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA 02-1152 CIVIL ACTION LAW BARBARA J. FARROW AND JOHN DOE DEFENDANT : IN CUSTODY AND NOW, Tuesday, March 12, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 09, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effoxt will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the corot, 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: /si Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans w/th 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 DANIEL R. FARROW and ANDREA J. : FARROW, Plaintiffs : : VS. BARBARA J. FARROW and JOHN DOE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1152 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this I~ day of ~ , 2002, upon consideration &the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Maternal Grandparents, Daniel R. Farrow and Andrea J. Farrow, shall have primary physical and legal custody of Andrew Charles Daniel Farrow, bom December 5, 2001. 2. The Mother, Barbara J. Farrow, shall have periods of visitation with the Child as arranged by consent of the Maternal Grandparents, which consent shall not be unreasonably denied. BY THt~ ~0~~ cc: Kenneth A. Wise, Esquire - Counsel for Maternal Grandparents Barbara J. Farrow - Mother DANIEL R. FARROW and ANDREA J. FARROW, Plaintiffs VS. BARBARA J. FARROW and JOHN DOE, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1152 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCIIJATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Andrew Charles Daniel Farrow December 5, 2001 Plaintiffs - Maternal Grandparents 2. A Conciliation Conference was held on April 9, 2002, with the following individuals in attendance: The Plaintiffs (Maternal Grandparents) Daniel R. Farrow and Andrea Farrow, with their counsel, Kenneth A. Wise, Esquire. The Mother, Barbara Farrow, who currently resides in Highland Falls, New York, did not attend the Conference. According to the Maternal Grandparents, the Father's identity is unknown both to them and to the Mother. No biological father is listed on the Child's birth certificate. 3. The Mother was served with the Custody Complaint and notice of the Conference by personal service on March 13, 2002. 4. According to the Maternal Grandparents, the Mother who had been an emancipated minor, turned 18 years of age in January 2002. The Mother did not finish high school. The Mother is currently living with friends in Highland Falls, New York. The Maternal Grandparents stated that the Mother has serious mental health problems, for which she has refused treatment. The Grandparents indicated that these medical problems prevent the Mother from being able to provide proper care for the Child at this time, although the Maternal Grandparents are hopeful that the Mother will eventually obtain treatment. On February 10, 2002, the Maternal Grandparents and the Mother signed a Stipulation granting the Grandparents primary physical and legal custody of the Child. 5. Based upon representations made by the Maternal Grandparents at the Conference and the fact that the Mother did not attend the Conference or contact the Conciliator, the Conciliator recommends an Order in the form as attached. Date ~ - - Dawn-S. Sunday, Esquire u Custody Conciliator