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HomeMy WebLinkAbout03-0173NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF BRIAN L. KAYLOR, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. BARBARA JENKS Defendant : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-i~ CIVIL IN CUSTODY COMPLAINT FOR CUSTODY NOW, comes the plaintiff, Brian L. Kaylor, by his attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Brian L. Kaylor, an adult individual residing at 63 Walmar Manor, Dillsburg, York County, Pennsylvania 17019. 2. The defendant is Barbara Jenks, an adult individual residing at 63 Walmar Manor, Dillsburg, York County, Pennsylvania 17019. Name Tyler Lee Kaylor 3. Plaintiff seeks custody of the following child: Present Residence 63 Walmar Manor Dillsburg, PA 17019 4. Plaintiff and defendant are the natural parents of the child. Age 6 years, 3 months D.O.B. 11/06/96 5. The child was born out of wedlock. 6. The child is presently in the custody of plaintiff and has resided with plaintiff and defendant since his birth until January 1, 2003, and since that time the child has resided with the plaintiff only. 7. The parties have never been married to one another. 8. The mother of the child is currently single. 9. The father of the child is currently single. 10. 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. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 12. 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. 13. The best interests and permanent welfare of the child will be served by granting the relief requested herein because the defendant has threatened to remove the child from the only home the child has ever known and to withhold plaintiff's rights to custody and visitation if she took custody of the child. 14. Defendant and plaintiff have been involved in a relationship lasting more than nine years prior to January 1, 2003, and resided at the same location until that time, with the exception of four months, where defendant previously left the residence and lived with a friend. 15. Defendant has already removed her older children, of a prior relationship, ages 11 and 12, from their school and taken them to live with their father, though defendant had previously had primary custody. 16. Defendant has indicated, over a period of three months prior to her leaving the residence, that she has considered doing harm to herself, although plaintiff was not overly concerned until defendant abruptly moved out of the residence. 17. Defendant has threatened to remove the child from his school and take her with him, and Plaintiff fears that he will not be able to see the child again, as he does not even know defendant's whereabouts at this time. 18. Plaintiff has provided for the support, care and maintenance and emotional needs of the child for the child's entire life. 19. Plaintiff believes that the best interests of the child would be best served by being in his primary custody, plaintiff also believes that the child must continue to have a relationship with the defendant, and that the defendant should be permitted reasonable visitation and contact with the child. 20. Plaintiff, however, fears that without an Order of Court regarding custody, that the defendant will attempt to cut off all contact between the Plaintiff and the child. 21. Plaintiff maintains a stable household and environment within which to raise the child. 22. Plaintiff is gainfully employed as a mechanic in Cumberland County and has his own landscaping business and has sufficient means to care for the welfare of the child. 23. Entering an order granting temporary primary physical custody will maintain the status quo, pending a custody conciliation conference, and will ensure that the child remains in the same school and in the same home, at least until the matter can be heard by the Custody Conciliator. WHEREFORE, Plaintiff, Brian L. Kaylor, respectfully requests that this Honorable Court enter an order providing joint legal custody of the child and that the plaintiff have primary physical custody of the child with visitation for both parents. Furthermore, for the reasons set forth herein, Plaintiff respectfully requests that this Honorable Court enter a temporary Order granting custody of the child to plaintiff, pending conciliation or further Order of Court. January//0 , 2003 Respectfully submitted, 35 East High Street, Suites 201/202 Carlisle, Pennsylvania 17013-3052 (717) 243-6090 Supreme Court I.D. No. 87380 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ,2003 Brian L. Kaylo~ BRIAN L. KAYLOR PLAINTIFF go BARBARA JENKS DEFENDANT IN THE COURT OF COMMON PLEAS OF CtJMBERLAND COUNTY, PENNSYLVANIA 03-173 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 10, 2003 , 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 Wednesday, February 05, 2003 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effbrt 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/ ]acqueline M. Verney, Esq. [~ 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 FEB 0 6 2 03 BRIAN L. KAYLOR, Plaintiff V. BARBARA JENKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-173 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this I~' day of ~'~~Repo~, consideration of the attached Custody Conciliation follows: ., 2003, upon it is ordered and directed as 1. The prior Order of Count dated January 10, 2003 is hereby vacated. 2. The Father, Brian L. Kaylor, and the Mother, Barbara Jenks shall have shared legal custody of Tyler Lee Kaylor, bom November 6, 1996. 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. 3. Father shall have primary physical custody of the child. 4. Mother shall have periods of partial physical custody as follows: a. Beginning February 8, 2003 every Saturday and Sunday from 9:00 a.m. to 7:00 p.m. b. Every Wednesday from after school at approximately 11:35 a.m. to 7:00 p.m. c. Beginning Friday, February 28, 2003 at 7:00 p.m. to Sunday, March 2, 2003 at 7:00 p.m. and continuing thereafter from Friday to Sunday at the same times with the Mother having three consecutive weekends and Father having one weekend. d. Beginning Tuesday, March 4, 2003 from 7:00 p.m. to Wednesday, March 5, 2003 at 7:00 p.m. and continuing thereafter with Mother having the child every Tuesday overnight. 5. Easter shall be shared with Father having custody from 9:00 a.m. to 3:00 p.m. and Mother having custody from 3:00 p.m. to 9:00 p.m. 6. Father shall have custody of the Child on Father's Day; Mother shall have custody of the child on Mother's Day. o the Child. Transportation shall be shared such that the receiving party shall transport 8. This Order is entered pursuant to an agreement of the parties at a Conciliation Conference. 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. Another conciliation conference is scheduled for April 30, 2003 at 9:30 a.m. Jo cc: Nathan C. Wolf, Esquire - Counsel for Father John Purcell, Esquire - Counsel for Mother BRIAN L. KAYLOR, Plaintiff BARBARA JENKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2003-173 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. 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 information conceming the Child who is the subject of this litigation is as follows: NAME Tyler Lee Kaylor DATE OF BIRTH November 6, 1996 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on February 5, 2003. Present at the conference were Father, Brian L. Kaylor, with his counsel, Nathan C. Wolf, Esquire and Mother, Barbara Jenks, with her counsel, John Purcell, Esquire. 3. The Honorable Kevin A. Hess entered an Order dated January 10, 2003 granting Father temporary primary physical custody. 4. The parties agreed to an Order in the form attached. Date Custody Conciliator BRIAN L. KAYLOR, Plaintiff V. BARBARA JENKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 2003-173 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT ANDNOW, this/"'' day of '-Or ., 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~'' ., of the Cumberland County Court House, on the ~ day of ~ --., 2003, at ~:~O o'clock, [k. M., at which time testimony willbe tal~en. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated February 10, 2003 shall remain in full force and effect with the following modifications: 3. Beginning the first Sunday after school ends, the parties shall share physical custody of the child on a week on/week off basis with Mother having the first week and alternating thereafter. The exchange day and time shall be Sunday at 7:00 p.m. 4. The parties shall cooperate with a custody evaluation to be performed by Guidance Associates (unless the parties agree to an alternate evaluator). The parties shall share in the costs of said evaluation, each paying for their respective costs. 5. Transportation shall be shared such that the receiving party shall transport. The parties shall meet at the McDonald's on Rt. 15 in Dillsburg and the Boscov's at the Colonial Park Mall. 6. Neither party shall relocate the child outside of the Court's jurisdiction without prior Order of Court. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. c~Aqathan C. Wolf, Esquire - Counsel for Father John Purcell, Esquire - Counsel for Mother BRIAN L. KAYLOR, Plaintiff V. BARBARA JENKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-173 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. 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 information concerning the Child who is the subjects of this litigation is as follows: ..NAME .DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler Lee Kaylor November 6, 1996 Father 2. A Conciliation Conference was held April 30, 2003 with the following individuals in attendance: The Father, Brian L. Kaylor, with his counsel, Nathan Wolf, Esquire, and the Mother, Barbara Jenks, with her counsel, John Purcell, Esquire. 3. The Court previously entered an Order on February 10, 2003 providing fro shared legal custody, Father having primary physical custody and Mother having three weekends per month and one overnight every week. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having liberal partial physical custody. Father maintains that a shared physical custody arrangement is too unstable, that it adversely affects the child and transferring the child to Mother's primary physical custody would also adversely disrupt his life. The child is currently in kindergarten and has lived in the present location for 2 years. The child is struggling with issues of abandonment since Mother left the home. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having liberal partial physical custody. Mother maintains that the child is not suffering from abandonment but that he misses his two half siblings whom he lived with all his life. Mother asserts that she can provide a stable home for the child. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the current order until school ends then going to a week on/week off schedule for the summer. The parties are also ordered to cooperate with a custody evaluation. It is expected that the Hearing will require one day. Date ey, Esq~ir~'~'~~ Custody Conciliator