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HomeMy WebLinkAbout99-030431. Y JOHN K. FULLER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - CUSTODY JESSICA L. SEARS NO. q9- 3D43 CIVIL TERM Defendant/Respondent : IN CUSTODY ORDER OF COURT AND NOW this --VD a day of '--;x A' 1999, upon presentation and consideration of Petitioner, John K. Fuller's, Petition for Special Relief, a hearing on said Petition is set for the cV76? day oft-/ V 1999 at //Y&clock tea m. in Courtroom Number 6;)-., Cumberland County Courthouse, Carlisle, Pennsylvania. J. 1 I i 1 I? r 1 ?J r't (` r -lo I ?z e? JOHN K. FULLER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs: CIVIL ACTION - CUSTODY JESSICA L. SEARS NO. qR- 3143 CIVIL TERM Defendant/Respondent IN CUSTODY PE'T'ITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, John K. Fuller, by and through his attorney, Thomas S. Diehl, Esquire, requesting the Court to grant an Order of Special Relief, and in support thereof, offers the following: 1. The Petitioner resides at 1910 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania.. 2. The Respondent resides at 1910 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 3. The subject of this action is Caleb Kendrick Fuller, born October 7, 1997 (hereinafter "Child") who currently is not subject to an Order of Court regarding custody, and resides with both the Petitioner and the Respondent. 4. The parties are the natural parents of the Child. 5. The Child was born out of wedlock. 6. Contemporaneously with the filing of this Petition, the Petitioner also filed a Complaint for Custody with this Honorable Court. 7. The Parties' current living arrangement had deteriorated to the extent that the Petitioner began seeking another residence and communicated that fact to the Respondent. 8. Accordingly, the Petitioner sought legal counsel to establish an Order of Court regarding custody of the Child, and communicated that fact to the Respondent on or about May 14, 1999. 9. On the evening of May 17, 1999, during an otherwise routine exchange of custody, a physical altercation between the Parties took place over the care and custody of the Child. 10. Pennsylvania State Police intervened after being contacted separately by each of the parties. 11. Although neither party sustained serious bodily harm from the incident, they are in immediate need of an Order of Court to provide parameters under which future custody exchanges will take place pending a Custody Conciliation Conference. 12. The Petitioner has been and continues to be the primary care taker of the Child. WHEREFORE, Petitioner request your Honorable Court to schedule an expedited hearing to establish a Custody Order pending further action by the Parties. Respectfully submitted, Thomas S. Diehl, Esq. Attorney for the Plaintiff/Petitioner 401 East Louther Street; Suite 103 Carlisle, PA 17013 (717) 240-0833 VERIFICA77ON I verify that the statements made in the foregoing document 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 falsifications to authorities DATE: .5/?- JOHN K. FULLER C C'- LI p? l a JOHN K. FULLER, i Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - CUSTODY JESSICA L. SEARS NO. q?t-3o?l3 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this -.;?Q_ day of , 1999, upon consideration of the attached Complaint it is hereby directed that the parties and their respective counsel appear before 1_JX hgt\ the conciliator, on the \-1 day of 1999, t ?Z Q.m. for a Prehearing Custody Conference. At s h 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT, By. Custody. Conciliator 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 HELP. ! OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FORTH FLOOR CARLISLE, PA 17013 (717) 240-0833 cv ms's - 1- -.n- ` L"c?P y (?cr?L i{J AV41, t. 1 JOHN K. FULLER, Plaintiff vs. JESSICA L. SEARS Defendant 1. Plaintiff is John K. Fuller, an adult individual currently residing at 1910 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, however is in the process of relocating his residence. 2. Defendant is Jessica Sears, an adult individual currently residing at 1910 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff is the natural Father of the child, Caleb Kendrick Fuller, born October 7, 1997. The Child was not born in wedlock. In the past two years, the child has resided with the following persons at the following IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. q9-30L-3 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY addresses for the following periods of time: NAME ADDRESS DATE John K. Fuller Jessica Sears Baldwin, Georgia Birth to March 1999 John K. Fuller 1910 Louisa Lane March 1999 to Present Jessica Sears Mechanicsburg, PA The natural mother of the child is Jessica Sears, who resides as aforesaid. She is not married. The natural father of the child is John K. Fuller, who resides as aforesaid. He is not married. 4. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the Defendant but is in the process of relocating. 5. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the Plaintiff. 6. The Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth, except for a Petition for Special Relief filed concurrently with this Complaint. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) The Plaintiff is better suited to provide a stable environment to foster the child's well being. b) The Plaintiff is more apt to not hamper the custodial periods of the other party. 8. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Rey subm' Thomas S. Diehl, Esq. Attorney for the Plaintiff 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 240-0833 V ERIFICADON I verify that the statements made in the foregoing document 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 falsifications to authorities DATE: S=I ?"?Cj(?XXJ?I J HN K. FULLER ly Ln J ci JOHN K. FULLER, Plaintiff/Petitioner V. JESSICA L. SEARS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3093 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of May, 1999, it is ordered that temporary primary physical custody of Caleb Kendrick Fuller, born October 7, 1997, shall be with the mother, Jessica L. Sears. The child shall not be taken out of the State of Pennsylvania pending further order of this court. The father, John K. Fuller, shall have periods under this temporary order of visitation and other temporary physical custody only as the parties may agree if he moves to New Mexico. If he remains in this area and the parties cannot agree to a temporary schedule, upon contact by counsel the court will set a temporary order. By the Court, Thomas S. Diehl, Esquire For Plaintiff/Petitioner Michael J. Wilson, Esquire For Defendant/Respondent Sheriff prs j:; JOHN K. FULLER, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, VS. ) PENNSYLVANIA JESSICA L. SEARS, ) NO. 99-3043 CIVIL TERM Defendant ) CIVIL ACTION - LAW CUSTODY AND NOW, this c-L-2-- ?_ day of , 1999, upon review of the Conciliator's Report, it appeari g that the parties have agreed to the terms and provisions of this Interim Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their minor child, Caleb Kendrick Fuller, d.o.b. October 7, 1997. 2. Mother shall have primary physical custody of the minor child subject to periods of partial custody anri visitation with Father in accordance with agreement of the parties. Father shall provide Mother with a week advance notice as to when he intends to be back in this area. Mother shall accommodate Father's travel schedule such that she shall maximize the contact with Caleb and Father when the Father is in town. 3. The parties shall reconvene for another custody conciliation before Michael L. Bangs, Esquire, on September 83 , 1999, at 10:00a.m. BY THE COURT, i Thomas S. Diehl, Esquire prat ?ccC 7.2-A Michael J. Wilson, Esquire ?.? mlb ?)~ ?? l ?? `.?? j U'?I .w? t???\.il.} .J JOHN K. FULLER, Plaintiff VS. JESSICA L. SEARS, Defendant JUDGE PREVIOUSLY ASSIGNED: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3043 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), 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 BIRTHDATE CURRENTLY IN CUSTODY OF Caleb K. Fuller October 7, 1997 2. A Conciliation Conference was held on June 17, 1999, and the following individuals were present: the Plaintiff and his attorney, Thomas S. Diehl, Esquire; the Defendant appeared with her. attorney, Michael J. Wilson, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child: Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: July 15, 1999 Mic ael L. Bangs Custody Concili dr ? o V " S li 3 w z !, ,? w CA z ?y? a y m w ? W ? 5 a o y 1 H a a U i o r ° .. ,? a U JOHN K. FULLER, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 99-3043 CIVIL TERM JESSICA L. SEARS, ) Defendant ) CIVIL ACTION - LAW CUSTODY/VISITATION ORDER AND NOW, this 157 day of •?/ 1999, upon review of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Interim Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. All prior Orders entered in this case are VACATED. 2. The parties shall share legal custody of their minor child, Caleb Kendrick Fuller, d.o.b. October 7, 1997. 3. Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father in accordance with agreement of the parties. Father shall provide Mother. with a week advance notice as to when he intends to be back in this area. Mother shall accommodate Father's travel schedule such that she shall maximize the contact with Caleb and Father when the Father is in town. 4. Father shall be entitled to periods of partial custody and visitation with child out-of-state at his residence in North Carolina for the following times: I> 1. November 21" through November 28"; and 2. December 261" through January 211 Father is entitled to take the child out-of-state for these periods of partial custody provided that he remains in the general vicinity of his current address in North Carolina; he provides Mother with a work phone number and obtains a home phone number to be used in case of emergencies; he provides Mother with an address and phone number of any individuals who may be providing any periods of daycare for the child; and that he is to be generally off from work during these periods so that he can maximize his time with the minor child. In the event that Mother discovers that any of these conditions are riot met, these periods of time shall be immediately vacated without additional order of court. 5. The parties shall reconvene for another custody conciliation before Michael L. Bangs, Esquire, on January 27 , 2000, at 4:00 p.m. BY THE COURT, B. BAYLEY; /J. Thomas S. Diehl, Esquire Attorney for Plaintiff _??L llrl 9/?. Michael J. Wilson, Esquire Attorney for Defendant mlb m JOHN K. FULLER, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) JESSICA L. SEARS, ) NO. 99'3093 CIVIL TERM Defendant ) CIVIL ACTION - LAW CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNED: The Honorable Edgar B. Bayley .09TODY CONCi7.r nmrrna nnwe+e IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), 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 BIRTHDATR CURRENTLY IN CUSTODY OF Caleb K. Fuller October 7, 1997 Defendant 2. A Conciliation Conference was held on October 18, 1999, and the following individuals were present: the Plaintiff and his attorney, Thomas S. Diehl, Esquire; the Defendant appeared with her attorney, Michael J. Wilson, Esquire. 3. Items resolved by agreement: See attached Order. 9. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child: Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: November 2, 1999 lz? Z&=?/,? Mich el L. Bangs Custody Conciliator ? n C7 3 u ?3p a`m? W ?:? w?5` o ? s r H ? U ? ° W ? w H 0. Fa U '' .nr ?tt\\ ????r,t V J OCT 2 0 20000 JOHN K. FULLER, ) Plaintiff IN THE COURT OF COMMON PLEAS ) OI' CUMBERLAND COUNTY, VS. ) PENNSYLVANIA JESSICA L. SEARS, ) NO. 1999-3043 CIVIL TERM Defendant ) CUSTODYNISITATION ORDER OF COURT AND NOW this day of 2000, having not heard from the parties for some time, the undersigned Conciliator assumes the matter has been resolved and hereby relinquishes jurisdiction of the case. If either of the parties wishes further proceedings in this action, they should petition the Court anew. FOR THE COURT, h MIC fAEL L. BANGS Custody Conciliator 1. I