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HomeMy WebLinkAbout03-1182IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA KENNETH L. SIMMONS, Plaintiff, VS. EUNICE E. DAVENPORT, Defendant, Civil Action At Law---Custody Case No./~ ]10Oo7~ 1. The plaintiff is Camp Hill, 17011, COMPLAINT FOR CUSTODY Kenneth L. Simmons., residing at 4112 Senaca Avenue in the County of Cumberland, Commonwealth of Pennsylvania, 2. The defendant is Eunice E. Davenport, currently residing at Hempstead, 11550 in the State of New York. 3. Plaintiff seeks custody of the following child: Name Address 161 Cornell Street Age Andre K. Simmons 4112 Senaca Ave. 3/21/1998 dob Camp Hill, PA. 17011 4. The child was born outside of wedlock. 5. The child is presently in the custody of plaintiff Kenneth L. Simmons, who resides at 4112 Senaca Avenue Camp Hill, 17011, in the County of Cumberland Commonwealth of Pennsylvania. 5 Years 6. During the last seven months the child has resided with the father at 4112 Senaca Avenue Camp Hill, 17011, the County of Cumberland Commonwealth of Pennsylvania. The biological mother of the child is Eunice E. Davenport, who currently resides at 161 Cornell Street Hempstead, 11550 in the State of New York. 7. The mother has been separated from the father since July of 1999, and is currently unmarried to the same. 9. The father of the child is Kenneth L. Simmons and he is currently residing 4112 Senaca Avenue Camp Hill, 17011, in the County of Cumberland, Commonwealth of Pennsylvania. 10. The father is separated and remains unmarried to the mother. 11. The relationship of the plaintiff to the child is that ora biological Father. The Plaintiff currently resides with the following persons: Name Relationship Deborah Gatter Girlfriend 12. The 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. 13. The plaintiff has no other information of a custody proceeding concerning the child Pending in a Court of this Commonwealth to the extent that the Order issued in the State of Virginia while it remains the only Order entered heretofore relative to the issue of custody neither party has resided within the State over a one year period prior to the effective date of this complaint. 14. 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. The best interest and permanent welfare of the child will be served by Granting the relief requested because: (a) The father can provide a stable, predictable and permanent environment for the child within which the child will have a sense of stability and predictability with regard to his residence. (b) The Mother has relinquished custody to the father on or about July of 2002 due to the financial instability the consequence of which has led to mother's inability to provide a stable residence within which to accommodate the child's physical and emotional needs. (c) The mother is cohabitating with several individuals, thereby not providing adequate living space to comfortably house the child which would disturb, disrupt and disadvantage the child's educational, emotional, and familial lifestyle. (d) The father has been the primary caregiver of the child providing all necessities relative to his emotional, physical, and psychological needs and provides a stable, predictable, and consistent home environment wherein the child feels a sense of comfort and permanency. (e) Plaintiff, believes and therefore avers that he can continue to provide a predictable and stable lifestyle for which, which will be in the best interest of the child during his formative years and throughout his life. WHEREFORE, Plaintiff, Kelmeth L. Simmons, respectfully requests for the aforementioned reasons, that the court grant and award him primary physical custody of the child Andre K. Simmons. GREGORY S. HAZLETT l~ehanicsburg, PA. 17055 (717) 790-5500 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. & 4904 relating to unsworn falsification to authorities Date: Kenneth L. Simmons, Plaintiff AMERICAN WITH DISABILITIES ACT OF 1990 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 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. BYTHECOURT: Date: Je KENNETH L. SIMMONS PLAINTIFF EUNICE E. DAVENPORT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1182 CIVIL ACTION LAW IN' CUSTODY ORDER OF COURT AND NOW, Monday, March 24, 2003 , upon cortsideration 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 Thursday, April 17, 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~. 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KENNETH L. SIMMONS, Plaintiff VS. EUNICE E. DAVENPORT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1182 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 'g,~' day of /¢~ar~'f , 2003, upon consideration of the attached Custody Conciliation Report, ~t is ordered and directed as follows: 1 .The Father, Kenneth L. Simmons, and the Mother, Eunice E. Davenport, shall have shared legal custody of Andre K. Simmons, born March 21, 1998. 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, school and medical records and information. 2. The Father shall have primary physical custody of the Child. 3. The Mother shall have partial physical custody of the Child in accordance with the following schedule: A. The Mother shall have partial physical custody of the Child from Thursday, April 17 at 2:00 pm through Thursday, May 1, 2003 at a time to be arranged by agreement of the parties. The Father shall pick up the Child at the Mother's residence in New York on May 1. B. The Mother shall have custody of the Child from June 1, 2003 through August 2, 2003 and, in future years, for two months each summer beginning on the first weekend after the end of the school year. The Father may have weekend periods of custody with the Child up to two times per month during the two month period as arranged by agreement between the parties. The Father shall provide transportation for all weekend periods of custody under this paragraph. The Mother shall pick up the Child in Pennsylvania at the beginning of the two month period of custody and the Father shall pick up the Child in New York at the end. C. During the school year, the Mother shall have custody of the Child for up to two weekends each month (which may include a Monday holiday or in service day off school) upon providing at least one week advance notice to the Father. The Mother shall provide all transportation for the weekend periods of custody during the school year. 4. Unless otherwise agreed between the parties, the parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS/NEWYEARS: The Christmas/New Years holiday period of custody shall be divided into Segment A, which shall mn from the first day of the holiday school vacation through the date which fails halfway through the entire holiday school vacation, and Segment B which shall run from the halfway date through the day before school resumes. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. For purposes of this provision, the entire Christmas/New Years holiday shall be deemed to fall within the same year as Christmas. B. THANKSGIVING: In every year, the Father shall have custody of the Child on Thursday and Friday of the Thanksgiving school break and the Mother shall have custody from Saturday through Monday. C. EASTER: The parties shall share or alternating having custody of the Child over the Easter school break beginning in 2004 as arranged by agreement. D. MEMORIAL DAY: The parties shall share or alternate having custody of the Child over the Memorial Day holiday each year as arranged by agreement. E. JULY 4th / LABOR DAY · In every year, the Mother shall have custody of the Child over the July 4th holiday and the Father shall have custody over the Labor Day holiday. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. G. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 5. Both parties shall ensure that the Child has separate sleeping arrangements at his or her residence, which may include sharing a bedroom with the Child's brother. 6. 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. 7. 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 of this Order shall control. cc: ~ S. Hazlett, Esquire - Counsel for Father ~ice E. Davenport, Mother ,~ BY THE COURT, o5-0&-02, KENNETH L. SIMMONS, Plaintiff vs. ' 03-1182 EUNICE E. DAVENPORT · Defendant ' IN CUSTODY 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION LAW 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Andre K. Simmons March 21, 1998 Father 2. A Conciliation Conference was held on April 17, 2003, with the following individuals in attendance: The Father, Kenneth L. Simmons, with his counsel, Gregory S. Hazlett, Esquire and the Mother, Eunice E. Davenport, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquireo Custody Conciliator