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HomeMy WebLinkAbout00-07739 , , JEFFREY L. JACKSON PLAINTIFF V. DAWN C. SULTZABERGER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7739 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of November, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 16th day of November ,2000, at --.!!:OO a.m. 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. FOR THE COURT, By: Isl Dawn S. Sunda 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 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'.' I' ~-," }.H~ ~~__",,~0l~~'ii&!~1iIIIiIiOlill1illlWlil"1l^l ~,-~t'-lior~'I>fuN,,,,,,,i;j,,b<kj)~-!\l~;"""""i~,,"-'>j,"_"";"''''_"";,"-""",;",,,:,,.,,"',L>'","'."'Ci;,j:,,;ml.'(,\ql~'''~~ ~l_"- ~=. " ~ ",I (}::i':je::~ '-"'-'i, 'C".!CIARY 00 NO\' -.7 PH 3: 30 CUM8!:'dLJ~;\ID COUNTY PENNSYLVANIA /l~otJ U~_~~df ~?' ~ /(-7t() '71~~7/;#! ~~~) // ?-tV (?~ M~ ~ d7fr~d~ , ),v-.-e.,,~,~__ " __"0., ,~,,~,_'"__ ,. ,', ,. ._^~."~_".~.""",,.,, "~,, ,,~. " ._ _0 _~,. " v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ())- 1/..]9 6;.J JEFFREYL. JACKSON, Plaintiff/Petitioner DAWNC. SULTZABERGER, Defendant/Respondent : CIVIL ACTION -- LAW : IN CUSTODY ORDER AND NOW, this day of 2000, you, are ORDERED to appear in person in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania on at o'clock a.m./p.m. for a Custody Conciliation Conference before . Custody Conciliator. 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. 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. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle,PA l7013 (7l7) 249-3l66 BY THE COURT: Date Custody Conference Officer Document #: 186742.1 -'T"i"'~'. .. 1111] ! - v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ~ NO. ()V- 773'1 ~ 7..u-- JEFFREY 1. JACKSON, PlaintifflPetitioner DAWN C. SUL TZABERGER, DefendantJRespondent : CIVIL ACTION -- LAW : IN CUSTODY COMPLAINT IN CUSTODY eM AND NOW, this ~ day of 0 vfohe.... ,2000, comes the Plaintiff, Jeffrey 1. Jackson, by and through his/her attorney, Heather 1. Harbaugh, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P .C., and files the within Complaint of which the following is a statement: I. The Plaintiff, Jeffrey 1. Jackson, is an adult individual residing at 484 Berkshire Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant, Dawn C. Sultzaberger, is an adult individual whose actual current address is unknown, but is believed to be residing in Marysville, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical custody and shared legal custody of the following child: Name Present Address Date of Birth Brittany Sultzaberger 484 Berkshire Lane Mechanicsburg,PA l7055 2/22/l99l Plaintiff and Defendant are the natural parents of the above-mentioned minor child. The child was born out-of-wedlock. Document #: 186742.1 T_l!!1 < I' c '~I The child is presently in the custody of Plaintiff who resides at 484 Berkshire Lane, Mechanicsburg,Pennsylvania, l7055. Since birth, the child has resided with the following persons at the following addresses: Name Address Date Jeffrey 1. Jackson and Dawn C. Sultzaberger Enola, P A 1991-l994 Dawn C. Sultzaberger Maternal grandmother Enola, P A 1994 Dawn C. Sultzaberger Paternal grandmother Maternal siblings Harrisburg, P A 1995 Dawn C. Sultzaberger Maternal Friend (Tammy) Marysville, P A 1995 Dawn C. Sultzaberger Paramour (Vinny) Duncannon, P A 1996 Dawn C. Sultzaberger Oberlin, P A 1997 Dawn C. Sultzaberger Maternal uncle and family Oberlin, P A 1998 Dawn C. Sultzaberger Maternal grandmother Oberlin, P A 1998 Dawn C. Sultzaberger Maternal Friend (Tammy) Marysville, P A 1999 Dawn C. Sultzaberger Camp Hill, P A 1999 Dawn C. Sultzaberger Maternal uncle Maternal uncle's girlfriend Maternal uncle's girlfriend's son Camp Hill, P A 2000 Document #: 186742.1 "~T~ Dawn C. Sultzaberger Maternal friend (Tannny) and family Marysville, P A 2000 The father ofthe child is Plaintiff, Jeffrey 1. Jackson, who resides at 484 Berkshire Lane, Mechanicsburg, Cumberland County, Peunsylvania, 17055. He is single. The mother of the child is Defendant, Dawn C. Sultzaberger, whose current actual address is unknown, but is believed to be residing in Marysville, Cumberland County, Pennsylvania She is single. 4. The relationship of Plaintiff to the child is that of natural father. The Plaintiffresides with the following persons: Name Relationship Nikki Valle Girlfriend Brittany Sultzaberger Daughter 5. The re!ationshipofDefendantto the child is that of natural mother. The Defendant currently resides with the following persons: Name Relationship Tannny and family Maternal friend 6. Plaintiffhas not participated as a party or witness, or in any other capacity in any other litigation concerning the custody ofthe child in this or another Court. Plaintiffhas no information of a custody proceeding concerning the child pending in a Court of Law of this Conunonwealth. Document #: 186742.1 -':fl!'-" ~-~ - ; - -'--1 , 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 with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff, Jeffrey 1. Jackson, is the best position, both financially and emotionally, to provide stability and custody for his daughter. b. Plaintiffis in the best position to provide a stable, responsible environment for the raising of his daughter. c. Defendanthas engaged in irresponsible and dangerous acts involving the child, including, but not limited to: (l) Operating a motor vehicle while unlicensed; (2) Failing to secure proper motor vehicle insurance. d. Defendant has repeatedly threatened to remove the child from the area while the child is visiting with the Defendant. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. Document #: 186742.1 r~-~1ij'I "I 1 ~ ~ WHEREFORE, the Plaintiff, Jeffrey C. Jackson, requests the Court to grant him primary physical and shared legal custody of the child, with reasonable visitation rights to Defendant, Dawn C. Sultzaberger. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~c/~ Heather 1. Harbaugh, Esquire Attorney LD. No. 83997 321l North Front Street P.O. Box 5300 Harrisburg, P A l7ll 0-0300 (717) 238-8l87 Attorney for Plaintiff Date: J()/Ir%o Document #: 186742.1 fe.l .- r ,. I 'r VERIFICATION I, Jeffrey 1. Jackson, hereby certifY that the facts set forth in the foregoing Complaint In Custody are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of l8 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Date: /tJ/IZ-/OO I I J,~f#J d fn~~ Document #: 186742.1 'r"'" ~ ~ .. , JEFFREY L. JACKSON, . IN THE COURT OF COMMON PLEAS OF . plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 00-7739 CIVIL TERM . : DAWN C. SULTZABERGER, . CIVIL ACTION - LAW . Defendant . . . CUSTODY . OODER OF <DlRT AND ~,this 2- '\. upon ccnsideration of the attached ordered and directed as follows: day of .)J ttW-- ,2000, Custody Conciliation Report, it is 1. 1he Father, Jeffrey L. Jackson, and the Mother, Dawn C. Sultzaberger, shall have shared legal custody of Brittany Sultzaberger, born February 22, 1991. 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 I S general well-being including, but not limited to, all decisions regarding her health, education, and religion. 2. DUring the school year. the Father shall have primary physical custody of the Child and the Mother shall have. partial physical custody every week from Friday at 6:00 p.m. through Sunday at 12:00 noon. When the Mother's work schedule changes so that she no longer works on Sunday afternoon, the Mother's periods of weekend custody shall end at 6:00 p.m. on Sunday. The Mother's periods of weekend custody shall begin on Friday, November 17, 2000. 3. DUring the surrnner school break each year. the parties shall share having physical custody of the Child on an alternating weekly basis, with the exchange of custody to take place each week on Friday at 6:00 p.m. The surrnner custody schedule shall begin with the Mother having custody of the Child on the first Friday after termination of the school year. 1he school year custoOy schedule shall resume each year at least one full week before the first day of school. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. THANKSGIVING: In 2000, the Mother shall have custody of the Child from the Wednesday before Thanksgiving at 6:00 p.m. through Thanksgiving Day at 4:00 p.m. and the Father shall have custody from Thanksgiving Day at 4:00 p.m. through the following Friday at 6:00 p.m. Beginning in 2001 and continuing thereafter, the Mother shall have custody of the I. .., ~ '^ , ~'I -< r Child every year on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Father shall have custody every year on Thanksgiving Day from 2:00 p.m. until 9:00 p.m. B. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Child during Segment A in even numbered years and during segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. Notwithstanding the foregoing, during the Christmas holiday in 2000, the exchange times shall be adjusted so that the Father has custody of the Child on Christmas Eve until 4:00 p.m., the Mother has custody from Christmas Eve at 4:00 p.m. through Christmas Day at 3:00 p.m., and the Father has custody beginning on Christmas Day at 3:00 p.m. C. EASTER: In every year, the Mother shall have custody of the Child on Easter Sunday from 9:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 9:00 p.m. D. MOTIlER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day from 9:00 a.m. until 6:00 p.m. and the Father shall have custody of the Child on Father's Day fromm 9:00 a.m. until 6:00 p.m. E. The parties shall equally share having custody of the Child on the remaining holidays, with the specific exchange times and dates to be arranged by agreement between the parties. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. unless otherwise agreed between the parties, all exchanges of custody shall take place at the McDonalds restaurant at the Swnmerdale Plaza in Enola. 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 take all reasonable steps to 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 I I '~ .~. ~ 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. BY THE C(){)R-T,/ cc: Heather L. Harbaugh, Esquire - Counsel for Father Roger R. Laguna, Jr., Esquire - Counsel for Mother !.~ -fl~ 11-30-00 RKS T^' r """'-1, J. -I3t'--'-~~IfJ~I~ll'!~liili:ful!,.ij~!~~~i/I;;;~~ill''M~",h!i","~',,":;'-R',C-f>~.JWJi<Hli.~illM~'-lJihill.- -~-~~l;;_...._~__lliiIij~lJIIIiIIiIliJt. ..~, I(Yi;t.,r-iY OOf,I[;IJ~q f!~':,[ f':?fl i. ~ ,0..: .,"..... (:110':....,_, __:,: _',' \ -'.."',', .....l....hIL'r ,'" ,- !-:I J 1,1 ;j 1l'JTV "- ,,--, ""- ".", ~/\J i! Pf'N"."YI \!,,~.il(' .... 1",-, ~..... ,,1"\ ~ II - "" 'J:, " JEFFREY L. JACKSON, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-7739 CIVIL TERM : DAWN C. SULTZABERGER, : CIVIL ACTION - LAW Defendant : . CUSTODY . ClJS'.roIY.l ~IATIOO SUMMARY REPORT IN ACCORDANCE WITH CIJIIIBERLAND CXXINTY RULE OF CIVIL PROCIIDURE 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 CllRRElIlTLY IN CUSTODY OF Brittany Sultzaberger February 22, 1991 Father 2. A Conciliation Conference was held on November 16, 2000, with the following individuals in attendance: The Father, Jeffrey L. Jackson, with his counsel, Heather L. Harbaugh, Esquire, and the Mother, Dawn C. Sultzaberger, with her counsel, Roger R. Laguna, Jr., Esquire. 3. 1he parties agreed to entry of an order in the form as attached. /lJ(} I}/J ML 6--, Date do ;U;o 0 , /o.J.-:r ~t?< 7' Dawn S. Sunday, Esquire Custody Conciliator C'r --I .. s v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-7739 CIVIL TERM JEFFREY 1. JACKSON, Plaintiff/Petitioner DAWN C. SUL TZABERGER, Defendant/Respondent : CIVIL ACTION - LAW - CUSTODY PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for Plaintiff, Jeffrey 1. Jackson, in the above captioned action. METZGER, WICKERSHAM, KNAUSS & ERB By: L()ll J/~ d Jb (!ILl Melissa 1. Stickel, Esquire Attorney LD. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA l711O-0300 (717) 238-8l87 Attorneys for Plaintiff Date: Qr;L Iii -0 I Document #: 198270.1 rrr-'>;_' "1 ,,, , . , I II CERTIFICATE OF SERVICE AND NOW, this 1&117 day of rwrWYj_' 200l, I, Melissa 1. Stickel, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certifY that I served a copy of the within Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Jeffrey 1. Jackson 484 Berkshire Lane Mechanicsburg, P A 17055 Dawn C. Sultzaberger c/o Roger Laguna, Jr., Esquire Laguna, Reyes, Maloney, LLP l5 North Front Street Steelton, P A l7l13 VJ&/t$V) 01 ,vltIlh I Melissa 1. Stickel, Esquire Document #: 198270.1 r"-'--~- , '""I .~, . 'i' .._,~ ". h" ~'"'. "~~'C. I'~^~"_ ,c. ~ N~~ll!l"lIIIIffll>ll~B!mI'fiIlII'l~~~_!'!HIW'''''''!l''''l'''~r;lt~_!ij(~;?>J'':'''''''''f''l''-'0''''jl'~'woc-, """,",,1' _.~- () ,~~ '-'::..... ~R~;: ~~ ~-, (j) ..'- j ~:: ~- r::"," ,--:..,..\. :~~~,; ~~::i -< ... .m. - 11 ~'Il o C) ~l .." ;~n ,~Tl f~'_"I -1 ::.:) . ..~! ''-''l'-)''''~'''~'';;<\i'i''1J;_''''f')'-~'1f''J'l'':''F''''W'11'f!ll!I'-'lIl~~!llJ~'