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HomeMy WebLinkAbout02-6156 JONATHAN W. SMALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O~ - l-lSb CIVIL TERM ANGELA M. KING, Defendant CIVIL ACTION - LAW IN CUSTODYNISITATlON COMPLAINT FOR CUSTODY 1. Plaintiffis Jonathan W. Small, an adult individual who currently resides at 35 Barbara Lane, York Haven, York County, Pennsylvania 17370. 2. Defendant is Angela M. King, an adult individual who currently resides at 896 Humer Street, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks shared legal custody and primary physical custody of the following child: Name Nicholas J Small Present Residence 896 Humer Street Enola, P A Date of Birth October 18, 1993 The child was born out of wedlock. The child is presently in the primary physical custody of Defendant who resides at 896 Humer Street, Enola, Pennsylvania 17025, except for those periods when Plaintiff exercises periods of partial physical custody. 4. During the past five years, the child has resided with the following persons and at the following addresses: A. Defendant Angela M. King 896 Humer Street Enola, Pennsylvania December, 2001 - Present Plaintiff Jonathan W. Small 35 Barbara Lane York Haven, Pennsylvania August, 2002 - Present B. Defendant Angela M. King 524 4th Street New Cumberland, Pennsylvania June, 1995 - December, 200 1 (evicted) Plaintiff Jonathan W. Small 1445 Valley Road Etters, Pennsylvania June, 1995 - August, 2002 C. Plaintiff Jonathan W. Small Defendant Angela M. King 524 4th Street New Cumberland, Pennsylvania Birth - June, 1995 5. The mother of the children is Defendant AngelaM. King, who currently resides at 896 Humer Street, Enola, Cumberland County, Pennsylvania. She is single. 6. The father of the children is Plaintiff Jonathan W. Small, who currently resides at 35 Barbara Lane, York Haven, York County, Pennsylvania. He is married. 7. The relationship of Plaintiff to the child is that of Father. The Plaintiff resides with the following persons: Name Sara E. Small Relationship Wife 8. The relationship of Defendant to the child is that of Mother. The Defendant resides with the following persons: Name Karen File Nicholas 1. Small Anthony Sabine Relationship Mother Son Son 9. Plaintiff has 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does 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. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff and the child have a strong loving relationship which should be nurtured. This will be accomplished by expanding Plaintiffs current physical custody schedule. B. Plaintiff wants to be more active in the child's day-to-day activities and schooling. C. Plaintitrbelieves that he can provide a more stable home environment and more emotional support for the child. D. And other reasons which may fully appear at conference. 11. Each parent whose parental rights to the child which have not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff requests this Honorable Court to grant shared legal custody and primary physical custody of the child to Plaintiff, Jonathan W. Small. Respectfully submitted, DALEY LAW OFFICES ~&!1~~S[Li' Attorney No. 68736 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION Upon my personal knowledge, information and belief, I, Jonathan W. Small, do hereby verify that the facts averred and statements made in the foregoing Complaint are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Date: /2 -/? .f)7. BY~~ !Onathan . mall ~ J "Q... G ........ () c'::::' ........ r.; {<"j {J () " ' , '"~ :l 0' - '"'V 0 ) tJ.J ...n ,~'-~') eJ t-v - \) ~ ~J ";"~ ~ .f- ~ , '. I ~ '..' "..'" ~ .~- ~~D -< 1;) o (:~ 7J"-~. r. I r ;:!: > .~<r'- ~:? . ~~.: E-j :-, '" co., 0.) -.....; :;'-.'. (0', :...) ~ ~.j -<. :,) '0 (";') f'-":', ,,'! ,~ ,",'"1 :0< PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN W. SMALL v. 02-6156 CIVIL ACTION LA W ANGELA M. KING DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, January 03, 2003 , 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, P A 17055 on Thursday, January 16, 2003 at 10:30 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 hearin~. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. 1(, 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 ~~ .~~ ~ ~l CODI "-r7?7 rz ~ ~ lr/-F.; fro P ~ ~ ~ ~'-Pf) FOE'; \;I!NVAlASNN3d AlNno~) O\IV1Hj81NnO 6fJ:2H~d S-N~f'CO ^b"Vl~3i~2~ch!i~ ' :10 JONATHAN W. SMALL, PLAINTIFF V. ANGELA M. KING, DEFENDANT AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-6156 CIVIL TERM ORDER OF COURT -salC\-- day of January, 2003, the petition of Jonathan W. Small for special relief prior to the scheduled conciliation conference on January 16, 2003, IS DENIED without a hearing. :sal rap..t~n) L ~~X} o I-O~-03 /a1Uy . ~~ow.s 'r! i /A.e~ . vlN1i'\"\SI"~N3d JJj.,\\"r'<'-I' ry.."rtLr=a;MI"lf"\ ,\.,'" '," 'c' ,:'"" \\ Iv 9S :t; Hd '" '1'~ 00 ~. - I'"~ ':\ '. \.,' \\1 V ^\j\jlU> jO JONATHAN w. SMALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. D ~ -~t~Cp CIVIL TERM ANGELA M. KING, Defendant CIVIL ACTION - LAW IN CUSTODYMSITATION PETITION FOR EMERGENCY RELIEF AND NOW, comes the Plaintiff, Jonathan W. Small, by and through his attorney, Cara A. Boyanowski, Esquire, and avers as follows: 1. Plaintiff is Jonathan W. Small, an adult individual who currently resides at 35 Barbara Lane, York Haven, York County, Pennsylvania 17370. 2. Defendant is Angela M. King, an adult individual who currently resides at 896 Humer Street, Enola, Cumberland County, Pennsylvania, 17025. 3. The parties are the parents of one minor child, namely Nicholas J. Small, born October 18, 1993. Nicholas is presently 9 years old. 4. The parties do not have a court ordered custody schedule, however, they did enter into a consensual agreement in which they share legal custody, Defendant exercises primary physical custody, and Plaintiff exercises periods of partial physical custody on alternating weekends and at other times agreed upon between the parties. 5. Plaintiff seeks emergency relief asking that primary physical custody ofthe minor child be awarded to him. Simultaneous with the filing of this Petition for Special Relief, Plaintiff filed a custody complaint with this Honorable Court. A copy of same is attached hereto and incorporated herein as Exhibit "A." 6. Plaintiff requests this emergency relief because he believes that Defendant's present mental condition and behaviors cause a risk to the minor child's mental health and well-being. 7. Plaintiff offers the following information in support of this request: A. On Tuesday, December 17, 2002, Plaintiff received a telephone call from Defendant requesting him to pick up the minor child from her residence and keep him for a few days because she was being evicted from her home. When Plaintiff appeared at Defendant's residence he discovered that the local police department had been summoned for a domestic disturbance at Defendant's household. Allegedly, Defendant had physically struck her mother, Karen File, in whose home Defendant resides. Nicholas had witnessed the assault and was emotionally upset when Plaintiff picked him up and transported him to his residence. B. On Wednesday, December 18, 2002, Defendant contacted Plaintiff at work and advised him that he no longer needed to keep Nicholas. When Plaintiff asked Defendant where she would be taking Nicholas and where she would be living, he was told "not to worry about it, it was taken care of." C. Plaintiff has been advised that on at least one other occasion the local police department had been summoned to Defendant's household because of a physical altercation between Karen File and Defendant. The most recent episode marks the second time in less than one year that Nicholas has witnessed this type of behavior from Defendant. D. Plaintiff has been advised that Defendant leaves the child in the care of Karen File on many occasions without informing her where she is going or when she will return home. Plaintiff is aware of at least one occasion in which Defendant did not return home for approximately two days. 8. Due to the most recent episode Plaintiff believes that he can provide the minor child with a more stable home environment and more emotional support than Defendant. 9. Defendant presently is not employed and has not been employed for several months. She has worked at approximately 13 jobs in the past two years and has been evicted from her last residence. She has demonstrated that she cannot provide a stable home or emotional support for the minor child. 10. Plaintitfbelieves that iffiefendant continues to exercise primary physical custody over Nicholas, it could cause damage to his metal health and well-being. WHEREFORE, Plaintiff requests emergency relief granting primary physical custody of the minor child to him. Respectfully submitted, DALEY LAW OFFICES ~~~u' AttorneyNo. &8736 1029 Scenery Drive Harrisbur~, P A 17109 (717) 631--4'795 Attorney tor Plaindtt VERIFICATION Upon my personal knowledge, information and belief, I, Jonathan W. Small, do hereby verify that the facts averred and statements made in the foregoing Petition for Emergency Relief are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date: /2.JC/.tJ;L JONATHAN W. SMALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. CIVIL TERM ANGELA M. KING, Defendant CIVIL ACTION - LAW IN CUSTODY/VISITATION ORDER OF COURT You, ANGELA M. KING, are ORDERED to appear m person before , Custody Conciliator, at on at o'clock, _ M. for a Custody Conciliation 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. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. If you fail to appear as provided by this Order, an Order for custody may be entered against you or the Court may issue a warrant for your arrest. BY THE COURT: Date: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 TillS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 JONATHAN W. SMALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL TERM ANGELA M. KING, Defendant CIVIL ACTION - LAW IN CUSTODYNISITATION COMPLAINT FOR CUSTODY 1. Plaintiff is Jonathan W. Small, an adult individual who currently resides at 35 Barbara Lane, York Haven, York County, Pennsylvania 17370. 2. Defendant is Angela M. King, an adult individual who currently resides at 896 Humer Street, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks shared legal custody and primary physical custody of the following child: Name Nicholas 1. Small Present Residence 896 Humer Street Enola, P A Date of Birth October 18, 1993 The child was born out of wedlock. The child is presently in the primary physical custody of Defendant who resides at 896 Humer Street, Enola, Pennsylvania 17025, except for those periods when Plaintiff exercises periods of partial physical custody. 4. During the past five years, the child has resided \vith the following persons and at the following addresses: A. Defendant Angela M. King 896 Humer Street Enola, Pennsylvania December, 2001 - Present Plaintiff Jonathan W. Small 35 Barbara Lane York Haven, Pennsylvania August, 2002 - Present B. Defendant Angela M. King 524 4th Street New Cumberland, Pennsylvania June, 1995 - December, 2001 (evicted) Plaintiff Jonathan W. Small 1445 Valley Road Etters, Pennsylvania June, 1995 - August, 2002 C. Plaintiff Jonathan W. Small Defendant Angela M. King 524 4th Street New Cumberland, Pennsylvania Birth - June, 1995 5. The mother of the children is Defendant Angela M. King, who currently resides at 896 Humer Street, Enola, Cumberland County, Pennsylvania. She is single. 6. The father of the children is Plaintiff Jonathan W. Small, who currently resides at 35 Barbara Lane, York Haven, York County, Pennsylvania. He is married. 7. The relationship of Plaintiff to the child is that of Father. The Plaintiff resides with the following persons: Name Sara E. Small Relationship Wife 8. The relationship of Defendant to the child is that of Mother. The Defendant resides with the following persons: Name Karen File Nicholas J. Small Anthony Sabine Relationship Mother Son Son 9. Plaintiff has 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court ofthis Commonwealth. Plaintiff does 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. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff and the child have a strong loving relationship which should be nurtured. This will be accomplished by expanding Plaintiffs current physical custody schedule. B. Plaintiff wants to be more active in the child's day-to-day activities and schooling. C. Plaintiffbelieves that he can provide a more stable home environment and more emotional support for the child. D. And other reasons which may fully appear at conference. 11. Each parent whose parental rights to the child which have not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff requests this Honorable Court to grant shared legal custody and primary physical custody of the child to Plaintiff, Jonathan W. Small. Respectfully submitted, DALEY LAW OFFICES ~ ara A. Boyanows , Esquire Attorney No. 68736 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Qjt1OU)Sl4' Attorney for Plaintiff VERlFICA nON Upon my personal knowledge, information and belief, I, Jonathan W. Small, do hereby verify that the facts averred and statements made in the foregoing Complaint are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date: /:2 -19 . f),? BY:V~ :[6'nathan . fuall - {,J (]v o ...J (,..J ~ ~ \) () ~ ~ '"""- ---( J-~ o.v ~ V) () c:- ;;:: -0 t1l q:; f~j ~f~ C/)J~~ r;t~ ::::: ....., Z~(-""1 ~;"(:i ~ c::: / !j' ..(':) c: ~ -0;';" n1rri 2:1) 2'-'- <D Z: -<" ~O .,........., 2:t) --0 Pc ~ -- J.':I ,,> (...'1 ~ ':-? t::"'" <::> D f\.) (.'::) III :'J '''0. 'Q) o "'1 ;':'~ _,J,'!." ""1 i::-;~ ~?FI t~ .:0 -< o rv o P"l n N -J -0 .." :-;J in 21 (11 i.......~l j () i. --r'~ c~5 ;~~~ j;! ::0 -< JONATHAN W. SMALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-6156 CNIL ACTION LAW ANGELA M. KING Defendant IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY ORDER OF COURT AND NOW, this ~ day O~~ ' 2003, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The Father, Jonathan W. Small, and the Mother, Angela M. King, shall have shared legal custody of Nicholas J. Small, born on October 18, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, sehool and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. During the school year, the Father shall have partial physical custody of the Child on alternating weekends from Friday after school through Monday before school (beginning January 24, 2003), on the interim weekends from Friday after school through Saturday at 12:00 noon, and on Tuesdays following the Mother's weekend periods of custody from after school until 8:30 pm. During the summer school break, the Father shall have custody of the Child during alternating weeks from Friday at 5:00 pm through Wednesday at 5:00 pm. 4. Unless otherwise agreed between the parties, the Father shall provide transportation for exchanges of custody during the school year and the party recl;:iving custody of the Child shall be responsible to provide transportation for the exchange during the summer school break. 5. The parties shall alternate or share having custody of tbe Child on holidays as arranged by agreement. 6. The parties shall make any agreed upon adjustments to the custody schedule directly between themselves. Any ongoing changes to the custody schedule shall be made in writing signed by both parties. 7. Each party shall ensure that the other has his or her current address and telephone number on an ongoing basis. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. I J. cc~ A. Boyanowski, Esquire, Counsel for Father Aaul Esposito, Esquire,Counsel for Mother ..; t. crpl ~ 0) 1'\0.:. ., g cl ~ Ot ~d-.9~o3 \11~'V^~\SNN3d i'J.NrlOO (j!' ;\n,:ngt~n~ OS:9 Hd 6l N~r SO Il1l-l1'l~\~,,',;"'l"0 .'0 ii' _:r) I\O"lJ.. J.,~......lL..jl..;!-': ....... ~ ....).... 3J\:\:iO-;O:nu JONATHAN W. SMALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAl'ID COUNTY, PENNSYLVANIA vs. 02-6156 CNIL ACTION LAW ANGELA M. KING Defendant IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLANU 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 Nicholas J. Small October 18, 1993 Mother 2. A Conciliation Conference was held on January 23,2003, with the following individuals in attendance: The Father, Jonathan W. Small, with his counsel, Cara A. Boyanowski, Esquire, and the Mother, Angela M. King, with her counsel, Paul J. Esposito, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~O/lUA 0 ~~1 if 3 ' d-OO 3 f Date (!~ Dawn S. Sunday, Esq~ Custody Conciliator Lindsay Gingrich Maclay, Esquire! Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ImaclaY@dzalaw,com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JONATHAN W. SMALL, Petitioner v. CIVIL ACTION - CUSTODY ANGELA M. KING, Respondent Docket No. 2002-6156 (In 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 Petition to ModifY Custody and Notice are served, be 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 Petition or for any other claim or relief requested by the Petitioner. 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. Cwnberland County Bar Association 32 South Bedford Street Carlisle, Peill1sylvania 17013 (717) 249-3166 NOTlCIA Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archiver en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualguir queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABa GADa o SI NO TIENE EL DINERO SOFICIENTE DE P AGAR TAL SERVICO, VA Y A EN PERSONAL o LLAME paR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cwnberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DALEY, ZUCKER & GINGRICH, LLC By: - -- Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ImaclaV@dzqlaw,com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JONATHAN W. SMALL, Petitioner v. CIVIL ACTION - CUSTODY ANGELA M. KING, Respondent Docket No. 2002-6156 (In Custody) PETITION TO MODIFY CUSTODY AND NOW, this 15th day of March, 2006, comes Petitioner, Jonathan W. Small, by and through his attorneys, Daley, Zucker & Gingrich, LLC, and files the following Petition to ModifY Custody and in support thereof avers as follows: 1. Petitioner, Jonathan W. Small (hereinafter referred to as "Father"), is an adult individual whose current address is 35 Barbara Lane, York Haven, York County, Pennsylvania. 2. Respondent, Angela M. King (hereinafter referred to as "Mother"), is an adult individual whose current address is 20 Johns Drive, Eno]a, Cumberland County, Pennsylvania. child: 3. Petitioner seeks shared legal custody and primary physical custody of the following Name Present Residence Age dJolb Nicholas 1. Small 35 Barbara Lane York Haven, P A 12 lOll 8/93 4. The child was born out of wedlock. 5. The Child is presently in the primary physical custody of Petitioner who resides at 35 Barbara Lane, York Haven, York County, Pennsylvania. Respondent exercises sporadic periods of partial physical custody. -- 6. During the past five years, the Child has resided with Petitioner and Respondent at various addresses in both Cumberland and York Counties. 7. Petitioner, Jonathan W. Small, is the natural father of Child. He is married. 8. Respondent, Angela M. King, is the natural mother of Child. She is single. 9. Father filed a Complaint in Custody filed on or about December 28, 2002, at the above- referenced tenn and number, simultaneously with a Petition for Emergency Relief. 10. On January 3, 2003, the Honorable Edgar B. Bayley denied Father's request for emergency relief without a Hearing. II. On January 23, 2003 the Parties attended a Custody Conciliation Conference at which time they were able to reach an agreement which was subsequently memorialized as an Order of Court, dated January 29, 2003. 12. Pursuant to the Order, the Parties share legal custody with Mother having primary physical custody and Father having significant periods of partial custody. A copy of the January 29, 2003 Order is attached hereto as Exhibit "A" and is incorporated by reference as if set forth fully herein. 13. The Parties followed the schedule outlined in the January 29, 2003 Order for a period of time; however, throughout the months of August and September, 2005, Father exercised primary physical custody of the Child. 14. The Parties, on or about October 5, 2005, orally agreed to a 50/50 physical custody split. 15. The Parties operated under a 50/50 physical custody split for one (I) week, until such time as Child, due to Mother's excessive drinking, began expressing a desire to be in the primary custody of his Father. -- - 16. The Child has been in the primary physical custody of his Father and step-mother since on or around August of2005. 17. Since that time, Mother has seen Child approximately thirteen (13) times, with ten (10) of those visits being overnight visits. 18. The child has expressed a desire to remain in the primary physical custody of his Father and step-mother. 19. Father has no information of any other custody proceeding concerning the Child pending in any court of this Commonwealth. 20. Father does not know of any other person not any party to the proceedings, besides those who have been notified by this Petition, who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 2 1 . Each parent whose parental rights to the Child have not been terminated and the person who has primary physical custody of the Child has been named as a party to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the Child. 22. The best interest and permanent welfare of the Child will be best served by granting the relief requested because: a) Father has, for the most part, had primary physical custody since on or about August of2005; and b) Father has taken an active interest in and has actively participated in the Child's life and activities since his birth; and c) Father continues to provide the Child with a home with more than adequate moral, emotional and physical surroundings as required to meet the Child's needs; and d) Father's primary concern is for the Child's health and well-being; and -.... - e) Father continues to exercise parental duties and responsibilities and continues to enjoy the Child's love and affection. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an updated Custody Order more accurately reflecting the parties' current physical custody arrangement. Respectfully Submitted, DALEY, ZUCKER & GINGRICH, LLC By: Attorneys for Petitioner -... . , VERIFICATION - I verify that the statements made in this Petition to Modity Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: -..... ~) '11ft / D k.. ~--:.. :k:J B ('-~, 0 ~ 1- "11 :->:: :::! i"\'i~ C> -;.J , -- - -',-Irn I)- ~ -..J -j ('~) ~ ' ; (~) ...c:. _,~ _:Tl '-'"l "v '" )-:-' ". ) l)- F c..) C'jcn ~ 0; :g r::~ :~,~ G -< --L.. JONATHAN W. SMALL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-6156 CIVIL ACTION LAW ANGELA M. KING DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, March 27, 2006 , upon consideration of the attached Complaint. it is herehy directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. . the conciliator, at 39 .'Vest Main Stre!tL~ech,,!1J~bur:g,-I'A..!7055_ on Wednesday, April 19, 2006 at .!Q:OO....o\M for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve tbe issues in dispute; or if this cannot be aceomplisbed. to dellne and narrow the issues to be heard by the court. and to enter into a temporary order. All children age rive or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or penn anent order. The court hereby directs the pllrties to furnish any and 1I11 existing Protection from Ahusc orders, Special Relief orders, lInd Custody orders to the conciliator 48 hours prior to scbeduled hellrinl!. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator ~i+*-- (J Thc 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 fllcilities and reasonable accommodations available to disabled individuals having business before the cOUli, please contact our omce. 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 32 South 13edj(lfd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ij ~ /" ""~" j"'> '" /1r:">v ""9 ?a '<0'1 . }~ 7,:2 ~/~';>!L, '?Oc...~ r /'~ -. <: ~"'W in' ;Z ~ ~? I'7J '?O'er [7 \'\., I (l",il f " ':'1 r5~1 (.. (i:i~1 ;,-,1.)1,,> ~.; .' ~ i '.J .:10 Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PAl 71 09 (717) 657-4795 Irnac\av(ii)dzgJaw,com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN W. SMALL, Petitioner CIVIL ACTION - CUSTODY v. Docket No. 2002-6156 ANGELA M. KING, Respondent (In Custody) CERTIFICATE OF SERVICE AND NOW, this 31st day of March 2006, I, Lindsay Gingrich Maclay, Esquire, hereby certify that the following person was served with the Petition to Modify and corresponding Court Order filed in the above-referenced matter. These documents were mailed on March 29, 2006, but actual service took place on March 30, 2006, via First Class U.S. Certified Mail, Restricted Delivery, Return Receipt Requested, addressed as follows: Ms. Angela M. King 20 Johns Drive Enola, P A 17026 Pro Se A copy of the USPS Confirmation and the signed Domestic Return Receipt is attached hereto as Exhibit "A" and is by reference incorporated herein and made a part hereof. Respectfully Submitted, DALEY, ZUCKER & GINGRICH, LLC By: r U.S. Postal Service, CERTIFIED MML" MCEIPT (Domestic Mail Only; No Insurance Coverage Provided) U1 f'- U1 f'- CJ .-'l e- m o Restricted Delivery Fee 0-' (Endorsement Required) <0 ru Total Postage & Fees $ s ~ '~~~:;~~::;~11~~Q~:::::::::::::::::::::::::j City. State, ztP<-4 '1:-\-0\<..\ \=\" \,\(;6 Certified Fee .-'l CJ Cl Return Receipt Fee o (Endorsement Required) :11 II . . . COMPLETF 7HIS SECTION ON OLLIVEflY . 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 mailpiec8, or on the front if space permits. 1. Article Addressed to: JJ..", /4n:?:,e..\Q J\J\ X'WtJ ?() jCDr-.;" <CX\ '0,'- t:.CO\Cl. 1 ~ \'C)'L'::> 3. Service Type ~ Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restrlctlld Delivery? (Extnl Fee) 2, Article Number (Transfer from ser 7004 2890 0001 3910 7575 PS Form 3811 , August 2001 Domestic Return Receipt 1 0259S.02-M-1 035 Exhibit A :::; ~ I 0" ---I T '-I - ~ ? -" c: -...J JONATHAN W. SMALL Plaintiff Il~T((" ~. \ ,~PR:t 1 L006 ( IN THE COURT OF CO~]LM~.~QI'.ccJ CUMBERLAND COUNTY, PENNSYLVANIA " vs. 02-6156 CIVIL ACTION LAW ANGELA M. KING Defendant IN CUSTODY ORDER OF COURT AND NOW, this -z..., day of ~ ' 2006, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Order of this Court dated January 29, 2003 is vacated and replaced with this Order. 2. The Father, Jonathan W. Small, and the Mother, Angela M. King, shall have shared legal custody of Nicholas J. Small, born October 18, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being, including, but not limited to, all decisions regarding his health, education and religion. The custodial parent shall inform the non-custodial parent immediately of all medical and dental appointments and problems pertaining to the Child. Ifthe Child is sick and is unable to attend school or other planned activities, the parent then having custody will notify the other parent as soon as practicably possible. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments for the Child with health care providers sufficiently in advance thereof so that the other party can attend, if he or she so chooses. Each parent shall be entitled to equal access to all records and information pertaining to the Child, including, but not limited to, the Child's school, medical, dental, religious and other important records, and the residential address ofthe Child and the other parent. As soon as practical after the receipt by a party, copies of the Child's school schedule, special events notifications, report cards and similar items shall be provided to the other party. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have liberal periods of partial custody with the Child as arranged by agreement between the parties. 5. The parties shall share having custody of the Child on holidays as arranged by agreement. 6. The Father shall provide transportation for exchanges of custody unless otherwise agreed between the parti es. 7. Neither party shall consume alcohol in the presence of the Child. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion ofthe Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the Child and each parent. 9. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. 10. The Mother may file a request with the Court for the scheduling of an additional custody conciliation conference for the purpose of reviewing the custody arrangements, if desired. 11. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURY,' Edgar B. Bayley 1. cc; Aindsay G. Maclay, Esquire - Counsel for Father 4ngela M. King, Mother ~'Ob O~..~ c:" (\. u ~: (.'..,j . JONATHAN W. SMALL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-6156 CIVIL ACTION LAW ANGELA M. KING Defendant IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION 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 infonnation concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nicholas J. Small October 18, 1993 Father 2. A custody conciliation conference was held on April 19, 2006, with the following individuals in attendance: The Father, Jonathan W. Small, with his counsel, Lindsay G. Maclay, Esquire. The Mother, Angela M. King, did not appear at the conference or contact the conciliator. The Father represented that the Mother advised him that she did not intend to be present at the conference. 3. The Father filed this Petition for Modification seeking to confirm the custodial arrangements which the parties have been following since September or October 2005. The Father and his counsel indicated at the conference that due to issues involving alcohol, the Mother is unable to provide adequate care for the Child at the present time and the parties had transferred primary care for the Child to the Father in the Fall of 2005. The Father indicated that his hope is that the Mother obtains treatment so that she can resume care of the Child as the Child needs his Mother as well. 4. The conciliator recommends an Order in the fonn as attached including a provision for the Mother to obtain the scheduling of an additional conciliation conference if she desires a review of the arrangements. ~ /~ ,J.oo~ Date t2~ -~ Dawn S. Sunday, Esquir Custody ConciJiator