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HomeMy WebLinkAbout99-03254 d -J Q V O ? : QJ KATHLEEN M. KYLE, : IN THE COURT OF COMMON PLEAS FOR Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- 3a.5 1 SCOTT A. KITSON, Defendant CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, 1 ulne /4) 1999 upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before 1 iced , the conciliator, at on the (-day of Tu 44 (' , 1999, at 9 ; 30 d.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: 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 'T'elephone (717) 249-3166 1 (800) 990-9108 IY 99 JIM 1 4 Al! 11: 1 1 PENNSYL l,NiA 6 //0?- -It! ¦ KATHLEEN M. KYLE, Plaintiff V. SCOTT A. KITSON, Defendant : IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA NO. 99. 3asy -tu?(f Teu _ CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Kathleen M. Kyle, residing at 838 Oakville Road, Newville Cumberland County, Pennsylvania 17241. 2. The Defendant is Scott A. Kitson, residing at 167 Lepore Drive, Lancaster, Lancaster County, Pennsylvania 17602. 3. Plaintiff seeks custody of the following child: N.a= Lauren G. Kitson EteBent R cidence 838 Oakville Road Newville, PA 17013 The child was bom out of wedlock. Ag? 3 years (DOB 7/19/95) The child Lauren G. Kitson is presently in the custody of Plaintiff, Kathleen M. Kyle, who resides at 838 Oakville Road, Newville, PA 17241. During the past five years the child has resided with the following persons and at the following addresses: Na= Daniel J. Kyle and Kathleen M. Kyle Kathleen M. Weagley, Ron Weagley and Sandy Weagley LisLal "r a c 838 Oakville Road Newville, PA 17241 18 Krauser Road Downington, PA 19335 Dates October 1998 to present June 1998 to October 1998 t Kathleen Weagley, Lauren Kitson Kathleen Wcagley and Scott A. Kitson & Lauren Kitson Kathleen Weagley and Scott A. Kitson 177 Spencer Avenue Leola, PA 17540 177 Spencer Avenue Leola, PA 17540 59 Foal Court Lancaster, PA 17602 1'cbruary 1998 to June 1998 July 1996 to February 1998 7/19/95 (DOB) to July 1996 The mother of the child is Kathleen M. Kyle, currently residing at 838 Oakville Road, Newville, PA 17241. She is married. The father of the child is Scott A. Kitson, currently residing at 167 Lepore Drive, Lancaster, PA 17602. He is single. 4. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Na= Relation Daniel J. Kyle husband Lauren G. Kitson daughter 5. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the following persons: Naux Relationship Terri Kitson mother Virginia Wabisky grandmother 1) 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 does not have information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff is not aware of a person not a party to the proceedings who has physical custody of the child and 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 request because: a. Plaintiff is better able to care for the physical, emotional, educational and medical needs of the child; b. Defendant has shown little interest in the child. 8. Each parent who parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the child to her, subject to reasonable partial custody rights for Defendant. Richard L. Webber, Jr. Attorney for Plaintiff 366 Green Spring Road P.O. Box 40 Newville, PA 17241-0040 (717) 776-6566 3 _s¦ I verily that the statements made in this Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities, Date:X?? 9 q0 KATHLEEN M. KYLE Plaintiff ,, -; r = ,. ' 1 : : _ i 1. I ? ???? ?i .... ':.i a ? ? ? KATHLEEN M. KYLE, PLAINTIFF V. SCOTT A. KITSON, DEFENDANT : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3254 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND Richard L. Webber, Jr., being duly swom according to law, deposes and says that he mailed the Complaint in Custody in this matter by certified mail, return receipt requested, addressee only, to the Defendand, Scott A. Kitson, of 167 Lepore Drive, Lancaster, Pennsylvania 17602 on June 16, 1999. The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as Exhibit "A". Richard L. Webber, Jr. ! Attorney for Plaintiff 366 Green Spring Road P.O. Box 40 I Newville, PA 17241 (717) 776-6566 Swom to and subscribed before me this day of ?nL 1999. i tary Public MQTARIAIiFAL....r?n, ?patirs?tcx7?t !poop KATHLEEN M. KYLE, PLAINTIFF V. SCOTT A. KITSON, DEFENDANT T Z 515 601 933 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mall ISee reverse) o o LL a cam to Scott A. Kitson Street d Numoer 162 e Drive Post Ollica, State, ZIP Coda P A 17609, Postage $ r Sr CeNfied Fee 1.40 Spacial Delivery Fee Restricted Delivery Foe 2.75 Return Receipt Showing to Whom e-Dar Ret - Po t Fees N 9r os mot p 6/08 tp. so : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA NO.99-3254 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY SENDER: ? Complete Items 1 and/or 2 for additional services. Complete items 3 4e and 4b I also wish to receive the r ! , , . • Print your name and address on the reverse of Ihis form card to you. following services (tor an so that we on return this extra fee): 1 Attach this roan to the front of the maltpiece, or on the b ppermit. W i ' ack If space does not 1. O Addressee's Address _ • t le Retum Receipt Requested-on the mailplece below the article number, 2. • The Return Receipt whit show to whom the article was delivered and the data p}tResUlCted Delivery delivered. Z 3. Article Atldressetl lo: -- Consult posimasler for fee, Q! 4a. Article Number pt l Mr. Scott A. Kitson Z 515 601 933 CC 167 Lepore Drive 4b. Service Ty e p F 1 ?. Lancaster, PA 17602 Registered o5 sdsn Certified ac 1 ? Express° 6661 ?i. Insured a t r ? RelumR rMar ndise COD - t 7. Date of D ran F i 5. Received By: (Print Name) 8 Ad ' . dressee s e reque A3K- sted and (ee is paid/ ' m t cc 6. Signature: (Ad a se orA . X PS Form JVrj 11 ecem er 1994 1025 Domestic Return Receipt Exhibit "A" JUL 16 1999, KATHLEEN M. KYLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v SCOTT A. KITSON, Defendant CIVIL ACTION - LAW NO. 99-3254 CIVIL IN CUSTODY ?? vawua? AND NOW, this day of July, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kathleen M. Kyle, shall enjoy legal and primary physical custody of the minor child Lauren G. Kitson, bom July 19, 1995. 2. The Father, Scott A. Kitson, shall enjoy periods of visitation with the minor child at such times and under such circumstances as agreed to by the Mother. 3. Neither party shall abuse alcohol or consume illegal drugs while exercising custody of the minor child. 4. This order is entered pursuant to the attached Custody Conciliation Report and it is noted that the Father was not in attendance at the Conciliation Conference. If the Father desires to modify this order in any way, Father may petition the court to have the case again scheduled for a Conference with the Custody Conciliator. cc: Richard L. Webber, Jr., Esq. Scott A. Kitson "711191. BY THE COURT, S9 J?JL 19 ri'1 ??? ! A i\.rlY p?1id°aYUlt? '-n KATHLEEN M. KYLE, Plaintiff v SCOTT A. KITSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3254 CIVIL IN CUSTODY Prior Judge: 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: Lauren G. Kitson, bom July 19, 1995. 2. A Conciliation Conference was held on July 16, 1999, with the following individuals in attendance: The Mother, Kathleen M. Kyle, with her counsel, Richard L. Webber, Jr., Esquire; the Father, Scott A. Kitson, did not appear. The rather was served with notice of the Conciliation Conference. 3. The Mother relates that the Father has somewhat limited contact with the minor child. Based upon the Mother's position and the Father's failure to attend the Conciliation Conference, the Conciliator recommends the entry of an order in the form as attached. 12 DATE Hubert X. Gilroy, E ire Custody Conciiia r Y . . COROranEC MLMTION Previous Image Refilined to Correct possible Error ? +f f ?f. .l. .. . 171 1_ f ? KATHLEEN M. KYLE, : IN THE COURT OF COMMON PLEAS FOR PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3254 CIVIL TERM SCOTT A. KITSON, : CIVIL ACTION - LAW DEFENDANT IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND S3 Richard L. Webber, Jr., being duly sworn according to law, deposes and says that he mailed the Order of Court dated July 19, 1999, in this matter by certified mail, return receipt requested, addressee only, to the Defendant, Scott A. Kitson, of 167 Lepore Drive, Lancaster, Pennsylvania 17602 on July 27, 1999. The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as Exhibit "A". Richard L. Webber, Jr. Attorney for Plaintiff 366 Green Spring Road P.O. Box 40 Newville, PA 17241 (717) 776-6566 Sworn to and subscribed before me this 2 "k day of 1999. NKtary Public blic?law KATHLEEN M. KYLE, PLAINTIFF V. SCOTT A. KITSON, DEFENDANT Z 515 601 926 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. nn not um fnr Intnmatinnal Mail /Ran rwvwmal Sent to Mr. Scott A . K itson Street d Number 167 Le ore Drive Post ONios, State, 8 ZIP Code Lancaster. PA 17602 Postage $ .33 Certfied Fee 1 .40 Special Delivery Fee Restdded Degve Fee 2 .75 Return whom c4 1.25 Da4, 's N: TD LP age s $ Postrn or V?Pa rn co li C0 : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3254 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY 4 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. . 1. Article Addressed lo: Mr. Scott A. Kitson 167 Lepore Drive Lancaster, PA 17602 A. Received by (Please X Sign C. - W e exe+ D. Is delivery address different from item 1? 0 yes It YES, enter delivery address below: 0 NO i 3. Service Type Medilied Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise I 0 Insured Mall 0 C.O.D. v?v 4. Restricted Delivery? (Evtra Feel t Yes 2. Article Number (Copy from service label) Z 515 601 926 PS Form 3811, July 1999 Domestic Return Receipt ta25aSYa4d•t7aa i Exhibit ..A..