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Home My WebLink About02-3622RICKIE EVANS FARLING PLAINTIFF DAWN MARIE FAR. LING DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA : : 02-3622 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Thursday, August 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greew, Esq. , the conciliator, a~ 301 Market Street, Lemoyne, PA 17043 on Monday, September 09, 2002 at 8:30 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 hearing. FOR THE COURT, By: /s/ Melissa P. Greevv. Esa. ~/~' 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 ATrORNEY 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 RICKIE EVANS FARL1NG, : ; Plaintiff : _. V. _. DAWN MARIE FARLING Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - DIVORCE/CUSTODY TO: NOT___~ICE T.__OO DEFEND AND----_~LAIM RIGHTN Dawn Marie Farling 2820 Paxton Street Harrisburg, PA 17111 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prom t action. . . so, the case may proceed without ou P . You are, warned that ffyou fail to do Y and a Decree of Divorce or annmment may be 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 thc Plaintiff. You may lose money or property or other rights important to you. When the ground for 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, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'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. Document #: 239411.1 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 (717)-249-3166 RICKIE EVANS FARLING, Plaintiff V. DAWN MARIE FARLING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE/CUSTODY COMPLAINT UNDER SECTION 3301(c) OR 3301 (d) OF THE DIVORCE CODE COUNT I -DIVORCE 1. Plaintiff is Rickie Evans Farling, who currently resides at 613 West Shady Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Dawn Marie Farling, who currently resides at Carlisle Road, Enola, Cumberland County, Pennsylvania 17025. Defendant Farling is currently employed at Baskin Robins located at 2820 Paxton Street, Harrisburg, Dauphin County, Pennsylvania 17111. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 23, 1983, in Lafayette, Indiana, and were separated on July 22, 2002. 5. There have been no prior actions of Divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have three (3) children, Christopher Farling Document #: 239411.1 1 (DOB: 08/19/1979), Michael Farling (DOB: 11/02/1985), and Tiffany Farling (DOB: 09-16-89). 8. The marriage is irretrievably broken. 9. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render Plaintiffs condition intolerable and life burdensome, as defined by 23 Pa. C.S.A. § 3301(a)(6) of the Divorce Code, in that Defendant is an active drag addict. 10. Plaintiff requests the court to enter a Decree of Divorce. WHEREFORE, Plaintiff, Elizabeth A. Hanawalt, requests the Court to enter a Decree in Divorce and such other orders as may be just and appropriate. COUNT II EQUITABLE DISTRIBUTION 11. The averments of paragraph 1-10 are incorporated herein by reference. 12. During the marriage the parties acquired marital property, assets, and debts which Plaintiff requests the Court equitably distribute and assign. WHEREFORE, Plaintiff, Rickie Evans Farling, requests the Court to enter a Decree in Divorce and enter an Order equitably distributing marital property and such other orders as may be just and appropriate. COUNT III COMPLAINT FOR CUSTODY 13. 14. The averments of paragraphs 1-12 are incorporated herein by reference. The Plaintiff is Rickie Evans Farliing, who resides at the address specified above. Document #: 239411.1 2 15. 16. NAME Michael Farling Tiffany Farling The Defendant is Dawn Marie Farling, who resides at the address specified above. Plaintiff seeks custody of the following children: PRESENT RESIDENCE with Plaintiff with Plaintiff AGE 16 (d.o.b. 11/02/85) 13 (d.o.b. 09/16/89) The children are presemly in the physical custody the Plaintiff, who resides at 613 West.Shady Lane, Enola, Cumberland CoUnty, Pennsylvania, 17025. During the past five years, the children have resided with the following persons and at the following addresses: NAME Ricki and Dawn Farling RESIDENCE YEARS 613 West Shady Lane 5 years Enola, PA 17025 The mother of the children is Defendant, Dawn marie Farling. She is married to Plaintiff. The father of the children is Rickie Evans Farling. He is married to the Plaintiff. 17. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with the children. 18. The relationship of Defendant to the child is that of natural mother. It is unknown with whom the Defendant currently resides. 19. Plaintiff has not participated as party or witness or in any other capacity, in other litigation concerning the custody of the children in this or another court. Other than the present action, Plaintiff has no information of a custody proceeding Document It: 239411.1 3 concerning the children pending in the court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation fights with respect to the children. 20. The best interest and permanent welfare of the children will be served by granting sole legal and physical custody to Plaintiff for the following reasons: Mother has failed to provide proper parental supervision for the minor ao children; b. It is believed and therefore averred that Mother is residing in an unsafe and unstable environment where people are engaging in the use and sale of illegal substances; C. It is believed and therefore averred that Mother is engaging in the use of illegal substances; d. Mother is an alcoholic and continues to abuse alcohol. e. Father is in the best position to provide a stable, responsible environment or the raising of his minor children. f. Father is more stable and more capable of providing the proper parental care and better provide for the physical and emotional needs of the minor children, as well as the necessary continuity. 21. Each parent whose parental fights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a fight to custody or visitation of the children will be given notice of the pendency of this action and the fight to intervene: Document #: 239411.1 4 Name Address Basis of Claim NONE WHEREFORE, Plaintiff, Rickie Evans Farling, requests the Court to enter a Decree in Divorce, enter an Order equitably distributing marital property, enter an order granting sole legal and physical custody of the minor children to Plaintiff, and such other orders as may be just and appropriate. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: July o~t~, 2002 Meli~sa L. Van Eck, Esquire Attorney I.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Rickie Evans Farling Document #: 239411.1 VERIFICATION I, RICKIE EVANS FARLING, do hereby verify that the facts set forth in the foregoing Complaint are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: RICKIE EVANS F~G - ~ OCT 1 5 2002 RICKIE EVANS FARLING, Plaintiff V, DAWN MARIE FARLING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3622 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 10th day of October, 2002, counsel for the Plaintiff having requested a thirty (30) day continuance on September 10, 2002, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. :163762 FOR THE ~ M~li~'~a Peel Greevy, Esquire Custody Conciliator RICKIE EVANS FARLING, Plaintiff V. DAWN MARIE FARLING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3622 Civil Term CIVIL ACTION - DIVORCE/CUSTODY PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw the appearance of Andrew C. Spears, Esquire, and Metzger, Wickersham, Knauss & Erb, P.C. on behalf of Plaintiff, Rickie Evans Farling. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: ~-~.N"'- ~'t,~ By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Melissa L. Van Eck, Esquire, on behalf of Plaintiff, Rickie Evans Farling. GODFREY & COURTNEY, P.C. Melis~L~ v~m E~k, [~Squ~r~" - Attorney I.D. No. 85869 P.O. Box 6280 2215 Forest Hills Drive, Suite 36 Harrisburg, PA 17112 (717) 540-3900 Document #: 2613 78.1