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Home My WebLink About07-1605JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL: JCUNNINGHAM(C~CCLAWPC.COM ATTORNEYS FOR PLAINTIFF NICOLE NESTLERODE, Plaintiff v. SCOTT CADY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~7 - I~OS l.tv~,~~~- CIVIL ACTION -CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, Nicole Nestlerode, is an adult individual residing at 496 South Nursery Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Scott Cady, is an adult individual residing at 1714-A Market Street, Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff seeks primary custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Taylor Cady 496 South Nursery Drive June 28, 1998 Mechanicsburg, PA The child was born out of wedlock. The child is presently in the custody of Plaintiff who resides at 496 South Nursery Drive, Mechanicsburg, Cumberland County, Pennsylvania. During the past five (5) years, the child has resided with the following person and at the following addresses: LIST ALL PERSONS LIST ALL ADDRESSES DATES a. Nicole Nestlerode 496 South Nursery Drive 11 /29/06-present Alexandria Hart Mechanicsburg, PA b. Nicole Nestlerode 496 South Nursery Drive 02/14/06-11/29/06 Alexandria Hart Mechanicsburg, Pa Paul Nestlerode c. Nicole Nestlerode 1101 Lindham Court 06/01/05-02/14/06 Alexandria Hart Mechanicsburg, PA Paul Nestlerode d. Nicole Nestlerode 25 Markley Drive 11/2000-06/01/05 Alexandria Hart York Haven, PA Paul Nestlerode The mother of the child is Nicole Nestlerode, currently residing at 496 South Nursery Road, Mechanicsburg, Cumberland County, Pennsylvania. She is married. The father of the child is Scott Cady, currently residing at 1714-A Market Street, Camp Hill, Cumberland County, Pennsylvania. He is not married. 2 4. The relationship of Plaintiff to the child is natural mother. The Plaintiff currently resides with the following persons: NAME a. Nicole Nestlerode RELATIONSHIP mother b. Alexandria Hart half sister 5. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the following persons: NAME a. Courtney (Surname Unknown) b. Serenity (Surname Unknown) RELATIONSHIP girlfriend girlfriend's daughter 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. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 3 7. Over the past seven (7) yeazs, Plaintiff has been the primazy cazetaker of the child and Defendant has, in an informal manner without an Order of Court, exercised periods of partial custody as mutually agreed upon by the parties averaging one (1) full weekend day with the child staying overnight and a visit during the week lasting three (3) hours. 8. The Defendant's circumstances over the past several months have changed, which has given Plaintiff concern that on-going regulaz periods of partial custody will be able to be effected in the future. 9. The best interest and permanent welfaze of the child will be served by granting the relief requested because the Plaintiff has been the primary caretaker of the child, can provide a stable, safe, and secure environment and can provide for the child's emotional, psychological and spiritual needs. Further, the child views the Plaintiff as a source of stability, a source of love, and a source of emotional support. 10. Each parent whose pazental 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. All other persons, named below, who aze known to have or claim a right to custody or visitation of the child have been given notice of the pendency of this action and the right to intervene: None. 4 WHEREFORE, Plaintiff, Nicole Nestlerode, requests the Court to grant primary custody of the child to the Plaintiff and grant Defendant, Scott Cady, rights of partial physical custody. Respectfully submitted, By: Dated: ~~ZZ~O ? CUNNINGH~D~,& CHEj.N~O'FF, P.C. ~da~S mgham, Esquire I.D. 231 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Plaintiff F:\Home\AHEWITTIDOCS\M-N\NESTLERODE\CUSTODY (CADY)\CUSTODY COMPLAINT.wpd VERIFICATION The undersigned verifies that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: ~ a~ ~( _ r ~`--v-~%l Nicole Nestlerode a o ~~ ~ ~ ~ ,. ~=~ ~_= ~~ °' ~; ~ _ `~ ~. ` -~ ~ ~_-~ t w= ~~ ~ `~~ NICOLE NESTLERODE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. SCOTT LADY DF,FENDANT • 07-1605 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, 4_ Tuesday, April 03, 2007 ~_, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at _ _ 4th Floor, Cumberland County Courthouse, Carlisle on Friday, Apri120, 2007 at 8:30 AM for aPre-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 ale 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/ Hubert X. Gllro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by ]aw 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. 1F 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 ~~ ~,.,~ryry,, ir.; `', ~ Cg,,~! ~~ ~~~ ~~~ ~' t~~ ~~~~ .... APR S 3 2007/Y'~ NICOLE NESTLERODE, Plaintiff v SCOTT CADY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-1605 IN CUSTODY COURT ORDER AND NOW, this ~ S day of April, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. 2. 3. 4. The mother, Nicole Nestlerode, and the father, Scott Cady, shall enjoy shared legal custody of Taylor A. Cady, born June 28,1998. The mother shall enjoy primary physical custody of the minor child. The father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday evening until Sunday evening pursuant to a time agreed upon by the parties for delivery and pick up. B. On at least one evening during the week pursuant to a schedule as agreed upon by the parties. C. At such other times as agreed upon by the parties. The parties shall share or alternate the holidays for visitation with the minor child as agreed upon by the parties and pursuant to a schedule the parties have implemented in the past. cxs 'G 1 j .~5; .,.~ 'F° ~. ~ ~ , ~'1 !.r ' ~ .` c r`` ~ ~~ s`+ c2 '= r+ i 5. Each party shall also have the ability to take the minor on a summer vacation under circumstances similar to what the parties have done in the past. 6. Both parties shall insure that neither party or any other adult in their company disparages the other parent to the minor child or any way interferes with the love and affection the minor child may have for the other parent. 7. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may Petition the Court to have this case again scheduled with a Custody Conciliator for a conference. cc: ~rdan D. Cunningham, Esquire ~Ir. Scott Cad \ J F:\FII.ES\DATAFQ.E\GencraPCumng123211Nestkrode v Cady Report & Order BY THE COURT. NICOLE NESTLERODE, Plaintiff v SCOTT CADY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-1605 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Taylor A. Cady, born June 28,1998. 2. A Conciliation Conference was held on Apri120, 2007, with the following individuals in attendance: The mother, Nicole Nestlerode. Her counsel, Jordan D. Cunningham, Esquire, called in and spoke with the Conciliator on the phone but was stuck in car show traffic. Also present was the father, Scott Cady, who appeared without counsel. 3. Based upon agreement of the parties at the Custody Conciliation, the Conciliator recommends an Order in the form as attached. ~`~f_ll/ DATE Hubert X. Gi~foy, Esquire Custody C ciliator