HomeMy WebLinkAbout07-0100
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vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
RACHELLE E. CASSELL,
Plaintiff
CIVIL ACTION - LAW
NO.
MARTIN L. CASSELL,
Defendant
IN CUSTODY
COMPLAINT IN CUSTODY
AND NOW comes the Plaintiff, RACHELLE E. CASSELL, by her attorney, Samuel L.
Andes, and makes the following Complaint for Custody:
1. The Plaintiff is RACHELLE E. CASSELL, an adult individual who resides at 703
Colonial Court in Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is MARTIN L. CASSELL, an adult individual who resides at 167
Beetem Hollow Road in Newville, Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant are husband and wife, having been married on 14
February 1998.
4. The Plaintiff and Defendant are the parents of two minor children, Christopher M.
Cassell, now age 7, born 17 November 1999 and Rebecca R. Cassell, now age 4, born 25
September 2002.
5. Plaintiff seeks an award of primary custody of the children.
6. The children were not born out of wedlock and at the time of this Complaint, the
children reside with both parents at the marital residence and in the joint legal and physical
custody of both parents.
7. During the past five years, the minor children have resided with the following
persons at the following addresses:
1999 through 2006 167 Beetem Hollow Road Plaintiff & Defendant
Newville, PA
January 2007 to present 703 Colonial Court
Mechanicsburg, PA
Plaintiff only
"
8. The mother of the children is the Plaintiff who resides at the address set out
above. She is married to the Defendant.
9. The father of the children is the Defendant who resides at the address set out
above. He is married to the Plaintiff.
10. The Plaintiff is the natural mother of the children. Plaintiff currently resides
with the children at the address listed above.
11. The Defendant is the natural father of the children. Defendant currently resides
alone at the address listed above.
12. The Plaintiff has not participated as a party or in any other way in any litigation
concerning the custody of the children in this or any other court.
The Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this or any other jurisdiction.
Plaintiff knows of no other person not a party to this action already who has physical
custody of or claims to have custody or visitation rights to the said children.
13. The best interests and permanent welfare of the children will be served by
granting the relief requested by Plaintiff for the following reasons:
A. The Plaintiff has always been the primary care provider for the
children; and
B. The Defendant has been involved very little in the care and
upbringing of the children; and
C. The Defendant is unable to provide for the financial, personal, and
emotional needs of the children; and
D. The Plaintiff can provide a home for the children that will meet all
their needs and the Plaintiff alone can nurture them as they need to be properly
raised into young adults.
14. Each parent whose parental rights to the children have not been terminated and
the person who has physical custody of the children have been named as parties to this
action.
"
WHEREFORE, Plaintiff asks this court to award her primary legal and physical
custody of the children.
~L~A~
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
"
I verify that the statements made in this document are true and correct. I understand
that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Date:
, b1 01
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RACHELLE E. CASSELL
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RACHELLE E. CASSELL, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
) NoOl-loCJ C{V; ,
MARTIN 1. CASSELL, )
Defendant ) IN CUSTODY
ORDER OF COURT
AND NOW this day of , 2007, a conference is
hereby scheduled before the undersigned on the Plaintiffs Petition for Emergency Relief and
an Interim Custody Order, The conference will be held commencing at o'clock
.m. on the day of January 2007, in the chambers of the
undersigned. Both parties and counsel, if they have counsel, shall be present for the
conference.
Pending that conference, primary physical custody of the parties' two minor children,
Christopher M. Cassell, born November 17, 1999 and Rebecca R. Cassell, born September 25,
2002, is hereby awarded to the Plaintiff. Further proceedings regarding the children and
their custody will be the subject of that conference.
BY THE COURT,
J.
Distribution:
Samuel L. Andes, Esquire (Attorney for Plaintiff)
P.O. Box 168, Lemoyne, Pa 17043
Mr. Martin L. Cassell (Defendant)
167 Beetem Hollow Road, Newville, PA
'-..
RACHELLE E. CASSELL,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO.01-'OO qVl)
MARTIN L. CASSELL,
Defendant
IN CUSTODY
PETITION FOR EMERGENCY RELIEF AND AN INTERIM CUSTODY ORDER
AND NOW comes the above-named Plaintiff by her attorney, Samuel 1. Andes, and
makes the following Petition for Emergency Relief in this matter, seeking an interim order
awarding her custody of the parties' minor children, based upon the following:
1. The Petitioner herein is the Plaintiff in this action. The Respondent herein is the
Defendant.
2. The Petitioner and Respondent are the parents of two minor children, Christopher
M. Cassell, now age 7, born 17 November 1999 and Rebecca R. Cassell, now age 4, born 25
September 2002.
3. Up to the present time, although the parties have resided together, the children
have been primarily under the care and custody of Plaintiff. Plaintiff has provided for
virtually all of their needs and Defendant has been involved very little in caring for either of
them.
4. Because of serious problems between Plaintiff and Defendant, Plaintiff intends to
separate from Defendant and establish a residence for herself and the children in the Carlisle
area. She desires to take the children with her and believes that will be in their best
interests, for several reasons, which include:
A. Plaintiff has always been the primary, and sometimes the sole, care-
provider for the children. She has fed, clothed, bathed, and otherwise
provided all or almost all of their care since their birth.
B. Defendant has been physically abusive to Plaintiff and, on at least
one occasion, physically abusive of the parties' older child, slapping him
repeatedly to the point that Plaintiff had to physically intervene.
II
C. Defendant has repeatedly threatened to murder Plaintiff if she
attempts to take the children from him; and
D. Defendant has threatened to take the children and disappear with
them so that Plaintiff will never see them again.
5. Because of the conduct and threats of Defendant, Plaintiff believes that she and
the children will not be safe or secure without the intervention of the court and an award to
her of legal and physical custody of both children immediately upon her separation from the
Defendant.
6. Plaintiff has separated from Defendant and, contemporaneously with the filing of
this Petition, has filed a Complaint seeking an award of primary legal and physical custody
of both children. A copy of that Complaint is attached hereto and marked as Exhibit A.
WHEREFORE, Plaintiff prays this court to award her primary legal and physical
custody of both children pf3nding further order of this court.
&.~~
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
II
.. .
,/
I verify that the statements made in this document are true and correct. I understand
that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Date:
\ I ~ \ 0'1
~Z~~y
CHELLE E. CASSELL
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.IAN 01)1001
vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
RACHELLE E. CASSELL,
Plaintiff
MARTIN 1. CASSELL,
Defendant
CIVIL ACTION - LAW
NOf5!rfoO C,t'h"
0'1--/00
IN CUSTODY
ORDER OF COURT
AND NOW this 5il\ day of J~,^~o.f'l ' 2007, upon
consideration of the Plaintiffs Petition for Emergency Relief and Interim Custody Order, we
hereby award primary physical custody of the parties' minor children, Christopher M.
Cassell, born November 17,1999 and Rebecca R. Cassell, born September 25,2002, to the
Plaintiff, pending further order of this court.
BY THE COURT,
J.
Distribution:
Samuel L. Andes, Esquire (Attorney for Plaintiff) hb/~ Q.~ bs f!~ ~.
P.O. Box 168, Lemoyne, Pa 17043 ' t/~-- d ~
Mr. Martin L. Cassell (Defendant)
167 Beetem Hollow Road, Newville, PA ~ ~ 1- IJS.()f1
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RACHELLE E. CASSELL
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNS YL VANIA
V.
07-100
CIVIL ACTION LAW
MARTIN L. CASSELL
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, January 08, 2007
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 13,2007 at 9:30 AM
for a Pre-Hearing 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 hearine:.
FOR THE COURT.
By: /s/
ac ueline M. Verne Es
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 infonnation 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
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 County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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RACHELLE E, CASSELL, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY,PENNSYLV~
)
vs. ) CIVIL ACTION - LAW
)
MARTIN L, CASSELL, ) NO,
Defendant ) IN CUSTODY
STIPULATION
AND NOW come the parties in the above matter and stipulate and agree that the Court
shall enter the attached order granting them shared legal custody of their children, granting the
Plaintiff primary physical custody of the children, and providing that the Defendant shall have
such periods of temporary custody as the parties may mutually agree, The parties represent to the
Court that it is their intention and wish that this order be entered in this matter,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of February, 2007.
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RACHELLE E, CASSELL
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MARTIN L, CASSELL
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COMMONWEALTH OF PENNSYLVANIA )
( SS,:
COUNTY OF CUMBERLAND )
On this, th~ I~y of February, 2007 , before me, the undersigned officer, personally appeared
RACHELLE E. CASSELL known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that said person executed same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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My Co ISSlon Expires:
NOTARIAL SEAL
AJIN M. HARKINS. NOTARY PU8UC
LEMCME BORO., CUMBERlAND COUNTY
flY co.tlSSION EXPIRES .....,..
COMMONWEALTH OF PENNSYL VANIA )
( SS.:
COUNTY OF CUMBERLAND )
On this, the day of February , 2007, before me, the undersigned officer, personally appeared
MARTIN L, CASSELL known to me (or satisfactorily proven) to be the person whose name is subscribed
to the within instrument, and acknowledged that said person executed same for the purposes therein
contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
C1 n~\.m.~G~
My Commis 0 Exprres:
NOTMIAL 8IAL
AMY M. HMICINI. NOTARY PUIUC
LEMOYNE IORO.. ~COUNTY
MY 'X)I.....tsa FEB.""
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FEB II 2007
RACHELLE E. CASSELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 2007-100 CIVIL ACTION - LAW
MARTIN L. CASSELL,
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, this 220d day of February, 2007, being advised that the parties have
reached an agreement, the Conciliator hereby relinquishes jurisdiction in this matter.
FOR THE COURT,
Conciliator
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FEB .812001,'1'1'/' )
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RACHELLE E. CASSELL,
Plaintiff
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)
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LA W
MARTIN 1. CASSELL,
Defendant
NO. 07-100
IN CUSTODY
ORDER OF COURT
AND NOW upon the stipulation of the parties attached hereto, we hereby order and decree
as follows in this case:
1. Legal custody of the parties' minor children, Christopher M. Cassell, born November
17, 1999, and Rebecca R. Cassell, born September 25,2002, shall be shared by their parents, the
Plaintiff, Rachelle E. Cassell ("Mother"), and the Defendant, Martin 1. Cassell ("Father"). Each
party shall be entitled to full access to records and other information regarding the healthcare,
education, and other important matters in the lives of the children. The parties shall cooperate
with each other to consult and, whenever possible, mutually agree upon all decisions of
significance in the lives of the children.
2. Physical custody of the children is hereby awarded to Mother.
3. Father shall have such periods of temporary custody of the children as the parties may
mutually agree. In the event that the parties cannot agree and either party requests a formal
schedule of custody, either party may petition the court at that time for the entry of an order
setting an appropriate schedule.
BY THE COURT,
1. lEi 07
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RACHELLE E. CASSELL, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
MARTIN L. CASSELL, ) NO,
Defendant ) IN CUSTODY
STIPULATION
AND NOW come the parties in the above matter and stipulate and agree that the Court
shall enter the attached order granting them shared legal custody of their children, granting the
Plaintiff primary physical custody of the children, and providing that the Defendant shall have
such periods of temporary custody as the parties may mutually agree. The parties represent to the
Court that it is their intention and wish that this order be entered in this matter,
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~a..
day of February, 2007.
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RACHELLE E, CASSELL
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MARTIN L. CASSELL
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COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
On this, the~/'y of February, 2007 , before me, the undersigned officer, personally appeared
RACHELLE E. CASSELL known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that said person executed same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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My Co 'ssion Expires:
NOTARIAL SEAL
NIt M. HARKINS, NOTARY PU8UC
LEMCMIE BORO., CUMBERLAND COUNTY
MY COUMISSION EXPIRES.... 4,"
COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
On this, the day of February , 2007, before me, the undersigned officer, personally appeared
MARTIN L. CASSELL known to me (or satisfactorily proven) to be the person whose name is subscribed
to the within instrument, and acknowledged that said person executed same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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My Commis 0 Expires:
NOTARIAL SEAL
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