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Home My WebLink About01-1731 FX - ~ , . " v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- 173t CI"o,t ~"'1 RUSSELL S. FICKES, Plaintiff Defendant : CIVIL ACTION - LAW : CUSTODY SUSAN DUNCAN, r I ~ I I~; " ", Ii I: I'.: :: 'I!: , ~ I' Ii I I. II) ,-, ~,; I: I!,~ I:: I " I: ~~ I" I' !' I' I' I I' r Ii I' r i I: 1'_" Ii,: '1:.,1 , r;'1 I' (~: I" '1:: :: ORDER OF COURT , 2001, upon consideration complaint for Custody, it is hereby directed that their respective counsel appear before , the conciliator, at on the day of , 2001, at .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if it 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. AND NOW, of the attached the parties and FOR THE COURT: By: 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 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 j;' I I' I.:,;" ,~-- ... '~_ ";',,~o "_'~"",8'~-"I__,-"", ",+ ',. -_' "",~.i'__-,"," E,.""" ',_.1' ~c_~,"_'~" ~''''J" "t " '-I - 'I; "~'" --'hV-_~ _ "'~ ,,""~' -- _ ~ _r~___ _ . " , . , . . , " . v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/- /7.3/ Cwu ~ RUSSELL S. FICKES, Plaintiff . . Defendant CIVIL ACTION - LAW : CUSTODY SUSAN DUNCAN, COMPLAINT FOR CUSTODY 1. The Plaintiff is Russell S. Fickes, residing at 38 Columbia Road, Enola, Pennsylvania, 17025. 2. The Defendant is Susan Duncan, residing at 115 Bridge street, New Cumberland, Pennsylvania 17070. 3. plaintiff seeks custody of the following child: Kamryn N. Fickes 38 Cumberland Rd., Enola, PA 17025 l) AGE: 23 months The child was born out of wedlock. .' l;: The child is presently in the custody of Plaintiff, Russell S. Fickes, who resides at 38 Cumberland Road, Enola, PA 17025. ~! )j 'I During the past five (5) years, the child has resided with the following persons and at the following addresses: Russell S. Fickes and Susan Duncan, 805 Market st., !?, .' New Cumberland, PA from 4-17-99 until 2-00. Russell S. Fickes and Susan Duncan, 834 Pinetown Road, Lewisberry, PA from 2-00 until 12-4-00. ;",~ , '"'_-,?___,",_'.'?",r,.,,","'_-~""'. - "",:~','-'"_',''''''' ';7-JI,"" -- .,,_-1 -, __,_ ,'--~"'-_ oj""'_ I ..'- r - ~~- -'_ ,",7',"," ~"'----- - - ~-" ''''-<,,' ~l__" ,- :-t- ,. -, ,J . 0 " .. . Russell S. Fickes and Christine Fickes (sister of Plaintiff) and Skylor, Christine's nine year old son, at 38 Cumberland Road, Enola, PA, from 12-4-00 to present. The mother of the child is Susan Duncan, currently residing at 115 Bridge street, New Cumberland, PA 17070. She is single. The father of the child is Russell S. Fickes, currently residing at 38 Cumberland Road, Enola, PA 17025. He is single. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Kamryn N. Fickes, and Christine Fickes (sister of Plaintiff) and Skylor, Christine's nine year old son, at 38 Cumberland Road, Enola, PA 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Unknown 6. 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 or any other state. ;~:;j1" '~"C ~ ^<-,.' -~,.'"", -~,""",,_c<o_ ,<~,"_ - "_<c .1""',<_",". "",_.1."",.,:<>", - -, ""--'.,-' "'1, 1 - 'I , "1<_ 0_ " --?; '0" ,,~,,_,' _ ',~. ...,'" _ ~_; ~m _~,_ _ "'-," - J',- "- ~ > -~,-. -. / ~ c " ... ' { 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Susan Duncan, Defendant and mother of the child, has abandoned the child and is not capable of taking care of the child. 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 a party to this action. , [' :" " i~] WHEREFORE, Plaintiff requests the Court to grant ," " I,: , i i custody of the child to him, with such rights of partial custody for purposes of visitation to Defendant as the parties may mutually agree. , i:" i', , Respectfully submitted, FRIEDMAN & I<j;' P.C. iG /, -,- , , ... / I Date: 3-\9 Richard 1edman, Esquire 600 N. Seco street Penthouse suite P.O. Box 984 Harrisburg PA 17108 (717) 236-8000 Attorney for Plaintiff :',.'!'!-,.-. " "-,~'"3',':.~____"' ,,,-"_, - ,r, <::~-, ,'^ " _ ,-, ,-, '_~'I- ," . ".;1__.. ,'. _ ,__1"_-_ "'-,' ^,. ."., ~ '-" , 1. .. ; ,. . . . I VERIFICATION I, Russell S. Fickes, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. ~LI J ;:uk Russell S. Fickes Dated: RSF.mf.domk\fickes.cus >"",M'?!"~yy,~;,_,,,,"'t"',,"''''''''- ,1' "-"~>--"',~'"_'F p' '""":'I,"~--. -'K'--'" '''7"[-'\ "'1'\ -'_'_' . I,"' ~, .'" . "---" ~,,",-- ',-~ --,-9,',_" ,-~,_"~, -, i --.' _'1'", -~. ~:I{~'(i~1~ f ".~ RUSSELL S. FICKES PLAINTIFF V, SUSAN DUNCAN DEFENDANT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 01-1731 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, March 30, 2001 , 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, Mechanicshurg, PA 17055 on Thursday, April 26, 2001 at 9:00 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. The court hereby directs the parties to furnish auy and all existing Protection from Abuse orders, Special Relief orders, and Cnstody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S, Sunday. Esq.bI1 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the American.s with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled rndividua1s 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 TIlE 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 .'fI!?,_ .. . ill ;,- . K_1Wll~ , ," ... ' ... -','-""['nili:l'I['puT -,~" ~-.-.,-~"-"-"--~,,,r:,;,-,<_,,,. ....., . ~p f:p '7- ~1A/ 4kl 1(J'~17 .~ ~ ~ ~u, 10th ~~ ~ r hW FC J(J,e'./7 VlrV\-;'J~(l)Q'\!'\\rJ I '" \"\<""')\1. r:J I I j\jnt"j-l nt; ii,,""u-~"';!f,jl') A",- 1:\_,\ ,! '- -"." "~':'C':!~! t", ~c "?/ 1,1,1 ~,' ,_ ,:' _"','Ij~f ,".,.' tJ.:::J .__' .'-u \.., _ " ~L{l " ..,.,.,O~ ~/II!_ ~,.,_r ;~,,,H;q"_'!"'STI!!'lW'$.~~''''cl>~~rlil''''>I''F'''-",,_;'~l1~~,",,_.,,,'~rz!;llffillW'''\.'I;>_'l'lili9"i~r,~' 1III~~l?""""'i'-I1""IW"%'I"P""\ _I,""'I"'~_'~"~ RUSSELL S. FICKES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 01-1731 Defendant CIVIL ACTION - LAW IN CUSTODY SUSAN DUNCAN, ORDER AND NOW, this 1.. ~ day of /.Mw1 , 2001, upon petition of Russell S. Fickes and, further upon stipulation of the parties, it is hereby ORDERED that the stipulation of Custody between the parties executed on the ~ day of April, 2001, is incorporated into this Order and the terms therein shall have the full force and effect of law as if set forth herein. J. / I (:'~:"f ;"<0'7"" . ,~ ',~'-,"l__j<S.- >-'Y"'- ",<. >, "\""--1 - '0 ~__:'__ I,,, ~-_'"'" ""0_'_ , - "" -, 1-" ~' '" "I '" , ,,"-_,' ,,' "..~.,_~, ~,. _"",,<_~ c', ___,,<__,~,_ ,_~_" .. ~ ,~ "., .,. "' _ "M".. ~"' ,." ~ , >,. ~, ~O~ JJNn~~\-!I\Q1~s'~N3d ~ " hY'77i:138VvnO b!:i:DI!{V 9':J <- (JdV 10 AUI./I(';,,,, , ClV-,-\)!,\\.),". '(." .- ".. "',-,_, . .,J'-'!"J:.J ;JL' ~ ::J01;L<(Ji:t11/3 :i,dO -" " ,~~ ~ , . -";.", .' ""'0 -j; -'\',- _,,':";c. '-,- -, ;-:;tl1"1\'~~'ij"" -', -;'''':'il;\'jfh1t51RW~e'': 'j Tm'~ffilltlf"i L'T" f'[-~'~r ~ , _,,>,_~~~~!'I'~~ilIi<<~~~~if :-* 1 I I' I r [ I t' , ~' I' " f' , I' r I I' I: ~i I, I, I~ [: I' I, Ii I t I I , i I' t' [,' ~ r" I r I I, I I I I i , ( I f-' , i i: f I !-'i ~-': t\ ,,-<_.? ,_. ~ . RUSSELL S. FICKES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1731 SUSAN DUNCAN, CIVIL ACTION - LAW IN CUSTODY Defendant STIPULATION OF CUSTODY WHEREAS, the Plaintiff, Russell S. Fickes, filed a Complaint in Custody for the minor child, Kamryn N. Fickes, date of birth 4/17/99, in the Court of Common Pleas of Cumberland county, docketed to No. 01-1731; and WHEREAS, Russell S. Fickes and Susan Duncan desire to resolve all custody issues; and WHEREAS, Russell S. Fickes is represented by counsel, Friedman & King, P.C., by Richard S. Friedman, Esquire; and WHEREAS, Susan Duncan has been verbally advised by Richard S. Friedman, Esquire that she has the right to be represented by counsel in this proceeding; and WHEREAS, Susan Duncan, by executing the stipulation is waiving her right to be represented by counsel. AND NOW, effective as of the _(~ day of April, 2001, Russell S. Fickes and Susan Duncan, intending to be legally bound, do stipulate and agree as follows: 1. The parties, Russell S. Fickes and Susan Duncan, are the natural parents of Kamryn N. Fickes, date of birth 4/17/99. .. -.,_n;"0>'~,~5,,, P '", - _~'.,", "__" ';l","":_<C, ','" ,I;""~;.,,-,'-_~I" ',' ~'-';'_-,'""'- ..,~, ,~_ ,,_'0" v:: _I, ,Of ~ -,.~_,_ -0",<" ',,, ""-n . _v'" _ ", >,- "-,-. _~'".' . -_ ~ _', "n,,',' - -r,-, " 2. The parties, Russell S. Fickes and Susan Duncan, shall enjoy shared legal custody of the minor child. 3. The parties shall keep each other apprised of their current address, phone number, and the composition of their residential household. 4. The Plaintiff, Russell S. Fickes, shall enjoy primary physical custody of Kamryn N. Fickes, subject however to reasonable custody for purposes of visitation being awarded to Susan Duncan that the parties may, from time to time, mutually f ,. I' r~ r: r.' , Ie f' 1:1 " Ii ~j ~I ~;; ., ! r f~, " I r,,: fd ~:j f:'l "I ~: Ii:: i_:: ,c.. i, r" t,; ~': , I I:,' t i F:' ~:, L. ~; to' r , I " i'-, I. f,', i , , i :. , fi; -~-.. agree. 5. This agreement is intended to set forth what the parties agree is presently in the best interest of their daughter, Kamryn N. FiCkes, and shall remain in full force and effect for no less than one (1) year from the date hereof. At any time after one (1) year from the date hereof, either party may request this Honorable Court to reconsider or amend this Order based on the best interest of the child at that time. 6. The parties further agree that during the period Russell S. Fickes has primary physical custody of Kamryn N. Fickes, Susan Duncan shall be relieved from any obligation to support the minor child. 7. Each party shall, during his or her time of physical custody of the child, allow the other party reasonable telephone access to the child. 8. Neither party shall abuse alcohol or use drugs in the same household when said party has custody of the child. ",~-,--. - .-,' ':~r:'c . '.-"_-_i+~',~ ",'~/ ,,'-""_I"_Z,~_'_~ ,_"'Co' I,,,,,,,~ e"'''' _T:" ".. .. L ,J ',-,' i 0 ." "'1.'-0 - C' _~ _'j ,,_ ,,_,- . ,", ,,,, . ~ , . < 9. Both parents shall refrain from making derogatory comments about the other party in the presence of the child, and to the extent possible, shall prohibit third parties from making such comments in the presence of the child. 10. In the event the child experiences any medical emergency during the period of time she is with one parent, the parent then having physical custody of the child shall notify the other parent of said medical emergency as soon as possible. IN WITNESS WHEREOF, the parties hereto have hereunto set their day and year first above written. WITNESS: ~J~ticIbo Russell S. Fickes ;;., ~l fJ f/p:domestic\fickes.stp "~..-,,-, "",~_~j._._ .. __"_'_"~"~r,"'''''_'~ - ~I~~'h"'" ",,,,,,,;10;. ,.",~ J,!,,:_'_~"" .-_" .,+_1" l "'~""" "h"-, < _ _"'~__ A~ ,_ ",', ~ ~ .,--, -, -