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HomeMy WebLinkAbout03-5193form 13 I (a) PLAINTICFFS~J 2CF~RN/ S K'^~45fSo2a~4H (b) PLAINTIFF'S ATTORNEYS (ADDRESS) II. MANDATORY ARBTTRATION Does this fall under the mandatory arbitration requirements per Local Rule 1301? COUNTY COURT OF COMMON PLEAS CIVIL COVER SHEET _ 5--/ 93 Docket No. Q~ DEFENDANTS Yes or No N/A County Bar Association IV CAUSE($1 OF ACTION (Cite the statutes or rules of law under which you are filing and write a brief statement of causes(s).) Divorce Code § 3301 (c) or (d) V .GENERAL NATURE OF SUIT (Place an X in one area only that most accurately describes your case) CONTRACT PERSONAL INJURX DOMESTIC RELATIONS Insurance _ Motor Vehicle ~~ Divorce PA Bond _ Product LiabiliTy _ protection from Abuse Collection Suits ~ Medical Malpractice _ CustodyNisitation Construction ~ Other Prof. Liability _ Other -List in IV above Other -List in Intentional _ Support IV above _ Premises Other -List in OTHER STATUTES REAL PROPERTY IV above Zoning Appeal Condemnation Foreclosure Landlord & Tenant _ Partition Mechanics' Lien _ Environment _ Other -List in IV above Address of Property PRISONER PETITIONS `Habeas Corpus Mandamus Other -List in IV above LABOR Sr+ew~ M KINVS/~U,Eaou61( DEFENDANT'S ATTORNEY'S (IF KNOWN) (ADDRESS) BI. ALTERNATE DISPUTE RESOLUTION REQUESTED Summary Jury Trial Other: See "Guide to Alternate Dispute Resolution Programs" Published by the _ School Board Appeal _ License Suspension Appeal Assessment Appeal Other -List in N above TAX LIEN & TAX MATTERS OTHER List in IV above (a) Is this an equity case? Yes or No (b) Does it involve a governmental body? Yes or No VI. ORIGIN (Mark only 1) X 1 Original _ 2 Removed from _ 3 Confessed _ 4 Transferred _ 5 Appeal _6 Appeal to _ 7 Foreign Complaint Federal Court Judgments by From Another From Court from Judgment of Writ Complaint District or Govt. District or Praecipe CounTy (specify) Agency Justrce Judgment VB. REQUESTED BV COMPLAINT N/A (a) Is this a CLASS ACTION YES or NO (b) Circle YES only if jury demanded in complaint: JURY DEMAND: YES or NO (c) Amount demanded in complaint Will you accept 6 jurors? YES or NO VIII. RELATED CASE(S) IF ANY JUDGE Case Caption a8 sy~f os DATE DOCKET NUMBER IGN URE O FILING ARTY OR ATTORNEY OF RECORD 192 form 3 JrYYR,e~ S K,+~GSi3e2cuGN ( IN THE COURT OF COMMON PLEAS OF PLAINTIFF, S~+~u~/ M K~.~GSa~~wK4k DEFENDANT. ( CuN,g~ttufinro (CIVIL DIVISION (No: ~ 3- 5 /93 COUNTY, PENNSYLVANIA F/{M~L~ NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILD(REN). WHEN THE GROUND FOR THE DIVORCE ARE INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF 'CHE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT PENNSYLVANIA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM 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. LAWYERS REFERRAL SERVICE eN M a~~~ c~...~Iy a~ A=s~~ . 3a S, BrnRmn sl- CA-tu~tr' pF4 no~3 Telephone: CB~~ 990-9/a8 S ~,,s~~ C ~9°a P~ et`i~ioner Address: 33 CoHNray 'V~e..w es-,~i~ rJew~~~ PSI Haul Telephone: (77)776-64u4 179 form 4 ,~~a/ S I~,Nc,s/Sokcugir/ ( IN THE COURT OF COMMON PLEAS OF PLAINTIFF, v. ( ( CIVIL DIVISION COUNTY, PENNSYLVANIA SMr~.yl' rvi Kwc,a'aoeo~*s~f DEFENDANT. ( (NO: CJ3'S(93 COMPLAINT IN DIVORCE rrn"j' 1 AND NOW COMES, the Petitioner, ~~~/ S Krv439oR.ou6,4 , by FILING PRO SE, who files this Complaint in Divorce a statement of which is as follow: 1. The Petitioner is ~ S K,++~sgcR,e~t6.7 , an adult individual currently residing at 31; Co u.r,,yf Niew t'S~rM eJ p/EN/V,..~Y PA l1i'I ~ . Z. The Defendant is SNttcl, rt K,~+GS,So,oe..4,r , an adult individual currently residing at 13~ Lo+iS ,'N~eR~- ~..~ ~uRAS 1.* 7~ry1 3. The Petitioner has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Petitioner and Respondent were married on date: 3 ~ OCt 199 ~, in the State of W~staµt,~ , 5. There (is) are 3 child(ren) born of this marriage. Name(s) 0$~+1,h,J SCo~') D%~crti M,urset,.~ ®Ma/.J t/ot/ R~w4sEoRou6~l Birthdate(s): 01~~7'4y „I~e/95 Otl,e/97 6. Neither party is a member of any branch of military. 7. The marriage is irretrievably broken. 8. The Petitioner, Jt-FFa~ S KwUxgu RoK6N ,respectfully requests this Honorable Court to a grant this Divorce pursuant to Section 3301 (c), or in the alternative, Section 3301 (d) of the Divorce Code. Res ectfully submitted, ~S ~.~ N e: 1e~#2W S tC~„,~s6o.~euaN Fu1lAddress: 33 Gou,~rwy v'~..+ es>.r+rs ~ltw/,~~ Ph /haYl Telephone: (9/7~ 99G-GGo{, I verify that the statements made in the Complaint are true and correct. I understand that false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~` Dated: O I 0 G7 0 ;; }, J ~~ ~ ,r~ rao form 5 'fe7F~+~ty S K,atsRo,wuyA ( IN THE COURT OF COMMON PLEAS OF PLAINTIFF, v. s,7~.~y m K.N6sao,taub.l DEFENDANT. COMMONWEALTH OF PENNSYLVANIA ( G4utb~cM~+O COUNTY, PENNSYLVANIA ( ( CNIL DIVISION F.4~-~ ~y ( (No: ~j3_ S?43 AFFIDAVIT COUNTY OF: ss: ) Before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally appeared Se'1'~ry ~ ~~^~G shy L~usr~ ,who being duly sworn according to law, deposes and says that the facts contained within the foregoing Complaint in Divorce are true and correct to the best of his/her knowledge, information, and belief, and that he/she is authorized to make this Affidavit. S ~~~~ ame Sw`o.~rn- to and subscribed before me this day of ~C~Q,r , 2003. NOTARY PUBLIC NOTARIALSEAI. CLAUDIAA:BREWBnKER,NOTARYPUBLIC Carlisle Boro, Cumberland County My Oommis8ion Expires April 4, 2005 i_~~ _... _.__.~ 181 "C ~. 0 ,~ N ~-- CQ y T~~: ` --i _ ' y !` _ !' ~ r] i -~~ < _. -~-~_i t"c ~ O C7 ~~rn i- a __, ~~~ .Y JEFFREY S. KINGSBOROUGH, Plaintiff V. SHELLY M. KINGSBOROUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COiTNTY, PENNSYLVANIA No. ~3-51~ Civil Term IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this ~~ (p day of Jl.~.i ~ , 2004, by and between SHELLY M. KINGSBOROUGH, (Hereinafter referred to as "Mother"), of Buras, Louisiana, and JEFFREY S. KINGSBOROUGH, (Hereinafter referred to as "Father"), of Newville, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural pazents of three minor children, namely, Damian Scott Kingsborough, date of birth, 3/17/94; Dmytri Michael Kingsborough, date of birth, 11/10/95; Daryn Ivory Kingsborough, date of birth, 7/11/97; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of~the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custodv Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and shaze in making of decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copif;s of a child's school schedules, special events notifications, report cazds, and similaz items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both pazents shall shaze legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custodv primary Physical Custody of the children, as that term is defined in the custody act, shall be with Father. 3. Partial Custodv partial physical custody is the ri€;ht to take possession of a child away from the custodial parent for a certain period of time. Mother shall have the right to periods of partial custody with the children as follows: A. Mother shall have liberal periods of custody with the children as the parties mutually agree, as long as such periods do not interfere with the children's schooling or activities. B. During the summertime, when the children aze off school, Mother shall be entitled to a period of partial custody with the children for two to six weeks as the parties mutually agree. The children shall be returned to Father no later than fourteen (14) days before school starts. The parties shall equally divide the costs of transportation for the summer visit. C. Mother shall be entitled to additional blocks oiFtime on Easter, Thanksgiving, and Christmas, and other holidays, as the parties mutually agree. D. Mother shall have additional times with the children as the parties mutually agree. E. Nothing in this agreement shall keep the parties from mutually agreeing to additional periods of custody for Mother. 4. Oneoing Relationship Neither party shall attempt to undermine the mutual love and affection that the child(ren) may have for the other parent and neither parent shall, in the presence of the child(ren) make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towazd obtaining and following a hazmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the nanie, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycaze for the child(ren). 5. Illness of the Child. Emergency decisions regazding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall con~rxrunicate with the other party by telephone or any other means practicable, informing the other panty of the nature of the illness or emergency, so the other pazent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean amy disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 6. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both pazents aze directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 7. Bindine Effect and Modification of Order This Agreement and al] of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement 1:o any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 8. Governine Law This Agreement shall be governed and controlled by the laws of Pennsylvania. 9. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 10. Entire A reement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and yeaz first above written. WITNESS: `` t ~ 5 a,,w EFF Y S. zTi GSBO UGH, J e dams, Esqui Father 0.79465 6 S. Pitt St. C 1' le, Pa. 17013 (717)245-8508 Attorney for Father COMMONWEALT PENNSYLVANIA ) COUNTY OF CUMBERLA )ss On this, the day of , 2004, before me, the undersigned officer, personally appeazed JEFFREY S. KINGSBOROUGH, wn to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknow ed that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand a official seal. Notary Public My commission expires: SEAL ~~ SHELLY .KINGSBO UG Mother COMMONWEALTH O~ENNSYLVANIA COUNTY OF ~~~~~~ W ess ):ss On this, the 2-~ day of (`~ , 2004, before me, the undersigned officer, personally appeared SHELLY M. KINGSBOROUGH, own to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and ackno dged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my han nd official seal. Notary Public My commission expires: SEAL ~~ C~ 1] .t - ..--{{ ~ rf _i r- n~ -pfil ~ r~ r .n ,. ~'~ c'' ' ~~;_: ~.. ~..., ~ ! ~ -,i C'~ S*~ ~ _ ~.. ~,_Fen .~ r rv -G 1~5 "S JEFFREY S. KIlVGSBOROUGH, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V' : No. 03- 5193 Civil Tenn SHELLY M. KINGSBOROUGH, :DIVORCE Defendant PETITION FOR CUSTODY I. Plaintiff is Jeffrey S. Kingsborough, who currently resides at 33 Countryview Estates, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Shelly M. Kingsborough, who currently re;sides at 121 Mitchell Lane, Buras, LA, 70041. 3. Plaintiff seeks to confirm the custody agreement regazdiing the following children: NAME DOB ADDRESS Damian Scott Kingsborough 3/17/94 33 Countryview Estates Newville, Pa. 17241 Dmytri Michael Kingsborough 11/10/95 33 Countryview Estates Newville, Pa.17241 Daryn Ivory Kingsborough 7/11/97 33 Countryview Estates lVewville, Pa. 17241 The children were born in wedlock. Mother currently has sole physical custody of the child. The parties recently sepazated. During the past several months, the children have resided with: NAME ADDRESSES DATES Jeffrey S. Kingsborough 33 Countryview Estates Newville, Pa. 17241 The mother of the child is: Shelly M. Kingsborough. She is married. The father of the children is: He is married. Jeffrey S. Kingsborough. May 2004 -present 4. The relationship of plaintiff to the children is that of MOTHER. The persons that the Plaintiffcunentlyresfdes with are: her boyfriend and her boyfriend's children. 5. The relationship of defendant to the children is that of FATHER. The defendant currently resides with his children. 6. Plaintiff has not participated as a party or witness, or in ~uiother capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the children or anyone who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfaze of the child will be served by granting the relief requested because: The children's arents have a reed on a custodv arraneement that th believe will be in the best interest of the children. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children and enter their agreement as an Order of Court. Date: ~ ~ ! C? ~'~ Respectfully submitted, pan Adams, Esquire I.D. o.794ti5 36 uth Pitt Street Cazlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFY I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 iPa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~./ J J~7ro~ ' D J Jeffr .Fangs ough, Plai f ~. `~ W -~ C N r.~ s r i i ~ " -i ~ r- rn~ ~ `o Z ~' - ~ c, ~ ~ '° ` j "~ '" c «rn Gp ~ .. C.J N Fd `77 -C A V~i JEFFREY S. KINGSBOROUGH, : IN THE COURT OF CCIMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V• : No. 03- 5193 Civil Terrn SHELLY M. KINGSBOROUGH, :DIVORCE Defendant PETITION FOR CUSTODY 1. Plaintiff is Jeffrey S. Kingsborough, who currently resides at 33 Countryview Estates, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Shelly M. Kingsborough, who currently resides at 121 Mitchell Lane, Buras, LA, 70041. 3. Plaintiff seeks to confirm the custody agreement regarding the following children: NAME DOB ADDRESS Damian Scott Kingsborough 3/17/94 33 Countryview Estates Newville, Pa. 17241 Dmytri Michael Kingsborough 11/10/95 33 Countryview Estates Newville, Pa.17241 Daryn Ivory Kingsborough 7/11/97 33 Countryview Estates Newville, Pa. 17241 The children were born in wedlock. Mother currently has sole physical custody of the child. The parties recently separated. During the past several months, the children have resided with: NAME ADDRESSES DATES Jeffrey S. Kingsborough 33 Countryview Estates Newville, Pa. 17241 The mother of the child is: Shelly M. Kingsborough. She is married. The father of the children is He is married. Jeffrey S. Kingsborough. May 2004 -present 4. The relationship of plaintiff to the children is that of N[OTHER. The persons that the Plaintiff currently resides with aze: her boyfriend and her boyfriend's children. 5. The relationship of defendant to the children is that of FATHER. The defendant currently resides with his children. 6. Plaintiff has not participated as a party or witness, or ini another capacity, in other litigation concerning. the custody of the children in this or another court. Plaintiff has no infonnation of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the children or anyone who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfaze of the child will be served by granting the relief requested because: _The children's nazents have agreed on a custod arran ement that the believe will be in the best interest of the children. 8. Each pazent whose pazental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children and enter their agreement as an Order of Court. Respectfully submitted, Date: ~~ ~ ! C1 U~ LD. 0. 79465 36 uth Pitt Street Carlisle, Pa. 17013 (717)245-85~~08 ATTORNEY' FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and con•ect. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~~v~ Date: ~ al ~ . ~ ~ Jeffr .Kings •ough, Plai r, r ^~ ,~ Y L ~ .~ r~ r- ~ O a~ ~ t~> ~ o O C'.7 ~' C (;.~1~ fTl ._ C:3 ~ TV -[. ~ ") `A N < }J la JEFFREY S. KINGSBOROUGH, Plaintiff V. SHELLY M. KINGSBOROUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~Ig3 No. 03 -3 Civil Terrn DIVORCE ACCEPTANCE OF SERVICE_ PURSUANT TO PA R C P 4 02(BI AND PA..R.C.P. 1920.4 I, Shelly M. Kingsborough, Defendant in the above-captioned matter, hereby accepted service of the Notice to Defend, and Complaint in Divorce, on or about October 15, 2003. 1 hereby waive any and all defects in service of the aforementioned Complaint or any amendments hereto. Date:T -2(v - 6y Shelly M. gsborough, Def dant c ~ ~, ~~_ ~ _~ ~ ~, .~, 'r7r i i t. cri , ~ `ti ~ ~ ~ { ~ ~ ~ h3 JEFFREY S. KINGSBOROUGH, Plaintiff V. SHELLY M. KINGSBOROUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 5193 Civil Term DIVORCE AFFIDAVIT OF SERVICE AND NOW, this July 26, 2004, I, Jeffrey S. Kingsborough, hereby certify that on October 6, 2003, I caused a true copy of the NOTICE TO DEFEND AND COMPLAINT IN DIVORCE to be served, via personal service by Sheriff, on: Shelly M. Kingsborough 121 Mitchell Lade Buras, Louisiana, 70041 DEFENDANT I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: .~ /~ l/~l~ ~ / Y ~{ - / Jeff gsb gh,`Plaiwnti C7 0 T C. `' t T)~~; '~'~~~ ~ G --1 f1'1 -..: ` - ro m i ~~~. ~ T~ ~•1 r ~ // 7 ~J' a~~ y _ N l L rn ~ ~ `' cn n N { POINTE ALA HAC)i~ PLAUUCMINES PARI3Fi, LA IiVABLE TO LCirATE. ~Ar~ FD ( ) SUi: F~G::'RE OT'H~.tZ FTE.4SON RAC. rr~cC'rr)c) l~;~r~ FCC S~.R.v;C< <" j~_--'_ - TYR[: {1F :;~}71+1"t_ SU8Pf1t:Nk ( ! f~ULE f I h!^?:CE ! ~- Sl:i: ~i ;- CcS - - ~~~.A DLL i~rl:~tlrir~ ~ ; C;!TATf~h! :t;J ~c i NGT;;;R: l':F_5~=1~UFtF_ j i ~ l: j l:Vi i ) IJQTI::'E iO VACATc"" ~ ( ) Ni:~T!~c GF GAf'tNf"t iP.?CP1T' ( ) ;:; 2DcF< ~, i UTH __.L8'17~a~rL~ cogs f'EE~ '---•.;:~~ ----.-----_.-------- -- DEPUTY c T ti' -o ~: ~ r n ~ ~ --1 _r ni ; , ' r 1 n ~G:'. W . i ~ { c. -:r _; __ r- ~ ~ ,,~; ° ~ •a c_ rJ ~. e rs i N G~ JEFFREY S. KIlVGSBOROUGH, : IN THE COURT OF COM1vION PLEAS Plaintiff :CUMBERLAND COUNTS', PENNSYLVANIA V. : No. 03- 5193 Civil Term SHELLY M. KNGSBOROUGH, :DIVORCE Defendant ORDER ~/ r AND NOW, this day of U`~~~G~ aving reviewed the attached agreement between the parties dated July 26, 2004, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER -"'~~'-' cc: :Jane Adams, Esquire, for mother ~p~~ ~- Og pq-0'1 ~ a~ ,~ c~' ~' ~~ ~} rx; ~ ,.. ~ r c5 `r ?usy ~ ~ ;~ ~ ~ ~ ,, ~: ti JEFFREY S. KINGSBOROUGH, Plaintiff V. SHELLY M. KINGSBOROUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COIJNTy, pENNSYLVANIA No. 03- 5193 Civil Term DIVORCE AMENDED PETITION FOR CU;ST AND NOW, this 17`~ day of August, 2004, comes, Jeffrey S. Kingsborou h b through his attorney, Jane Adams, Esquire, and files the followin corrected information to the Court, g ~ Y and g amended petition to provide 1. Plaintiff is Jeffrey S. Kingsborough, who currently resides at 33 Coun Newville, Cumberland County, Pennsylvania, 17241. tryview Estates, Boras, LA, 70041. 2. Defendant is Shelly M. Kingsborough, who currently resides at 121 Mitchell Lane, 3. Plaintiff seeks to confirm the custody agreement NAME regarding the following children: DOB Damian Scott Ki AD-S ngsborough 3/17/94 33 Countryview Estates Dmytri Michael Kingsborough Newville, Pa. 17241 11/10/95 33 Countryview E D aryn Ivory Kingsborough states Newville, Pa. 17241 7/11/97 33 Count ryview Est The children were born in wedl ates Newville, Pa. 17241 ock. Mother and Father have shared physical custod f y o the children. The parties were separated in January 2003. Until May 2004, the daughter lived with Mother in Louisiana and the sons lived with Father in Newville, Pennsylvania. In May 2004, all three children began to reside primarily with father. During the past several months, the children have resided with: NAME ADD- Jeffrey S. Kingsborou h DATES g 33 Countryview Estates May 2004- present Newville, PA 17241 The mother of the children is: Shelly Kingsborough. She is currently married to father. The father of the children is: Jeffrey S. Kingsborough. He is currently married to mother. 4. The relationship ofplaintiffto the children is that of Father. The persons that the plaintiff currently resides with are; the children. 5. The relationship of defendant to the children is that of'Mother. The defendant currently resides with her boyfriend and his children. 6. Plaintiff has not participated as a party or witness, or in another ca aci litigation concerning the custody of the child in this or another court. P ty,in other ' Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who ttas physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child willf be served b relief requested because: The children's arents have aarPPa ,... _ __ believe will ho ;...L_ ,_ .. Y granting the detailed and accurate information be filed of re ord. 8. Each pazent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as p;irties to this action. WHEREFORE, this Honorable Court has already entered the parties agreement as an Order of Court, Plaintiff is requesting that no further action bye taken regazding this matter at this time. Date: ~~~ O~ (717)245.8508 ATTORNEY FOR PLAINTIFF "~ Adaams, Esquire I.D No. %'9465 36 outh :Pitt Street lisle, F'a. 17013 VERIF~ATIpN I verify that the statements made in this Complaint are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: g~ ~ ~~~ @- ' ~stc effre . Kingsb ro gh, Plaintiff o G s ~ ~ ~?? 7S' n ~ G c ~ , ~. , -o ~.. J:. ~ © ~ ~ ~ ~. .Y, f l.. - - ~Q ~ C7 l ~- ; L. ~ Ct `~ ? . r ~ •• ~. .~^- J ~ JEFFREY S. KNGSBOROUGH, Plaintiff V. SHELLY M. KINGSBOROUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 5193 Civil Term DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on October 1, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request the decree. I verify that the statements made in this affidavit are true and correct. 1 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: ~r._ `~- Qli WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301fc) AND &3301(d) OF THE DIVORCE CODE I. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a the decree will be sent to me immediately after it is filed with the Prothonotary. 1 verify that the statements made in this affidavit are true and correct. I understand that false herein are made subject to the penalties of 18 Pa.C.S. §4904 relatingfto unsworn falsification to autho the of of Date: ~ ~ _ ~'~ -~. ~~ Shelly M. t^J f ~l ~" ' ( / G i r1 (~ i 1~~11 t'.L ~ ~ ~. .r9` S17 ' L-j' i5" Sal.. ..' .kM1 `.;"~ J l JEFFREY S. KIlVGSBOROUGH, Plaintiff V. SHELLY M. KNGSBOROUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 5193 Civil Term DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on October 1, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request the decree. t verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 1 l- a 5 - o y 4 ,r ~Juwa effre~ . Kin s orough, l' 1 intiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(cl AND &3301 (dl OF THE DIVORCE CODE L I consent to entry of a final decree of divorce without notice. 2. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or if 1 do not claim them before a divorce is granted. 3. I understand that 1 will not be divorced until a divorce decree is entered by the Court and that a the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are trne and correct. I understand that false states herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. the of of Date: 1 I - ~C -~i I .. ~ ~;~w.. L l J ~// effrey . King b rough, Pla ntiffz JEFFREY S. KINGSBOROUGH, Plaintiff vs. SHELLY M. KINGSBOROUGH, Defendant fN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 5193 Civil Term ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the Court for entry divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301 c of the Divorce 2. Date and manner of the service of the Complaint: Personal service obtained via sheriff. on October 6.2003. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce By Plaintiff: November 25, 2004. By Defendant: November 10, 2004. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 30, 2004. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 30, 2004. Respectfully Date: ~I . ~J~ . ~~ J Adams, Esquire .D. 0.79465 36 .Pitt Street lisle, Pa. 17013 ,(717) 245-8508 Attorney for Plaintiff a -, ~, ~- -~; .~- c:, -~ -._ `~ - , .~ ~ -~~ ~, ' ,, „ . K .~ -- n, .. .- ~;~ "; ~, IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY STATE OF ~ PENNA. ~ _~. ~ Jeffrey S. Kingsborough, Plaintiff `''°~ VERSUS Shelly M. Kingsborough, Defendant NO. N0. US - ~IYS l:1Vt1 DECREE IN DIVORCE AND NOW, ,~v~, IT IS ORDERE AND Jeffrey S. Kingsborough DECREED THAT PLAINTIFF Shelly M. Kingsborough AND DEFENDA ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIG-i HAVE. BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER H S NOT YET BEEN ENTERED; None. ~~ BY THE COURT: ATTEST: -1 J. PROTHONOTARY G~J99~Jf~~ ` ~ G 4 s y ~ a ' ~ .. e JEFFREY S. KINGSBOROUGH, Plaintif~/Petitioner V. SHELLY M. KINGSBOROUGH, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 5193 Civil Term CUSTODY PETITION FOR SPECIAL RELIEF 1. Plaintiff/Petitioner is Jeffrey S. Kingsborough, (hereinafter referred to as "Father"), who currently resides at 33 Countryview Estates, Newville, Cumberland County, Pennsylvania, 17013. 2. Defendant/Rlespondent is Shelly M. Kingsborough, (hereinafter referred to as "Mother"), who currently resides at 125 Lake Shore Drive, Cherokee Village, Arkansas. 3. Mother and Father are the natural parents of the following three children: Damian Scott Kingsborough, date of birth, 3/17/94 (12 yrs) Dmytri llvlichael Kingsborough, date of birth, 11/10/95 (11 yrs) Daryn I~tory Kingsborough, date of birth, 7/11/97 (9 yrs) 4. The parties previously entered into a custody stipulation which was entered as an Order of Court on August 9, 2004 and was filed under the above-captioned docket number. This stipulation and Order acid the attending correspondence are attached as Exhibit A. 5. Since the entry of the last custody Order on August 9, 2004, Father has maintained primary custody of the children and the parties have generally followed the court Order. 6. On or about dune 10, 2006, Father sent all three children to stay with their Mother for summer visitation. Thi$ is in accordance with the custody Order, which provides that Mother shall have two to six weeks with the children during the summer as the parties agree. 7. Oii or about July 21, 2006, Mother and Father agreed that the children would stay with Mother until August 11 ~', 2006, when a mutual friend of the family would transport the children on the long trip from Mbther's home in Arkansas to Father's home Newville, Pennsylvania. 8. At 6:00 p.m ~n August 11~', 2006, the day the children were to begin returning home, Mother called Father an~ said "You are going to be mad, but I am not sending them home", referring to the children, -~ 9. After hearing Mother's statement, Father repeatedly requested that Mother return the children in accordance with the custody stipulation and Order. 10. Since August 11, 2006, Father has learned that Mother has attempted to enroll the children in an Arkansa$ school district without his consent. 11. During the summer of 2005, Father also had difficulty having the children returned from Mother after her summer period of custody. In order to have the children returned he had to fly to New Orleans, Louisiana, personally transport them from Louisiana to Newville, Pennsylvania, and pay for all transportation and travel costs. 12. To date, Mother has maintained that she will not be returning the children. 13. As of this date, Mother has not filed a Petition for Modification, but rather, has unilaterally refused to return the children in direct violation of the current custody. 14. T'he children are scheduled to attend school in Big Spring School District, beginning August 29, 2006. 15. Father is requesting the following: a. An Order directing that the children should be immediately returned to Father and that they shall start school in Big Spring School District at the earliest possible date. b. An order directing that Mother should be responsible for sharing costs of transportation for the children to be returned to Father. c. An Order directing that Mother should reimburse Father for additional costs And legal expenses which he has incurred to Mother's direct violation of the custody Order. d. Any tither relief that this Honorable Court may deem appropriate. WHEREFORE; Plaintiff requests this Honorable Court enter an Order directly that the children shall be immediately returned to Father as well as any other such relief as this Court may deem appropriate. Respectfully submitted, ~~1~~~~ J e Adams, Esquire I. . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF J VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. b tfLd ~. Date: ~l ~ ~ f ~ ~ gsborough, Petitio ,Father t , ~ \' C ~ s.a ~ 3y -~-# ~ii ~ ~ ~ T ~~ `~~ r ~ ~ -C7 i7~ ~' ~ ~ f'f'? ~ ` ~~ '~..~ JEFFREY S. KINGSBOROUGH, Plai~tiff/Petitioner V. SHELLY M. KINGSBOROUGH, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 5193 Civil Term CUSTODY AMENDED PETITION FOR SPECIAL RELIEF 1. Plaintiff/Petitioner is Jeffrey S. Kingsborough, (hereinafter referred to as "Father"), who currently resides at 33 Countryview Estates, Newville, Cumberland County, Pennsylvania, 17013. 2. Defendant/Respondent is Shelly M. Kingsborough, (hereinafter referred to as "Mother"), who currently resides at 125 Lake Shore Drive, Cherokee Village, Arkansas. 3. Mother and Father are the natural parents of the following three children: Damian Scott Kingsborough, date of birth, 3/17/94 (12 yrs) Dmytri Michael Kingsborough, date of birth, 11/10/95 (11 yrs) Daryn Ivory Kingsborough, date of birth, 7/11/97 (9 yrs) 4. The parties previously entered into a custody stipulation which was entered as an Order of Court on August 9, 2004 and was filed under the above-captioned docket number. This stipulation and Order and the attending correspondence are attached as Exhibit A. 5. Since the entry of the last custody Order on August 9, 2004, Father has maintained primary custody of the children and the parties have generally followed the court Order. 6. On or about June 10, 2006, Father sent all three children to stay with their Mother for summer visitation. This is in accordance with the custody Order, which provides that Mother shall have two to six weeks with the children during the summer as the parties agree. 7. On or about July 21, 2006, Mother and Father agreed that the children would stay with Mother until August 1 l~', 2006, when a mutual friend of the family would transport the children on the long trip from Mother's home in Arkansas to Father's home Newville, Pennsylvania. 8. At 6:00 p.m on August 11"', 2006, the day the children were to begin returning home, Mother called Father and said "You are going to be mad, but I am not sending them home", referring to the children. 9. After hearing Mother's statement, Father repeatedly requested that Mother return the children in accordance with the custody stipulation and Order. 10. Since August 11, 2006, Father has learned that Mother has attempted to enroll the children in an Arkansas school district without his consent. 11. During the summer of 2005, Father also had difficulty having the children returned from Mother after her summer period of custody. In order to have the children returned he had to' fly to New Orleans, Louisiana, personally transport them from Louisiana to Newville, Pennsylvania, and pay for all transportation and travel costs. 12. To date, Mother has maintained that she will not be returning the children. 13. As of this date, Iv1•other has not filed,a Petition for Modification, but rather, has unilaterally refused to return the children in blatant violation of the current custody. 14. The children aze scheduled to attend school in Big Spring School District, beginning August 29, 2006. 15. Father is requesting the following: a. An Order directing that the children should be immediately returned to Father and that they shall start school in Big Spring School District at the eazliest possible date. b. An Order directing that Mother should be responsible for sharing costs of transportation for the children to be returned to Father. c. An Order directing that Mother should reimburse Father for additional costs And legal expenses which he has incurred to Mother's direct violation of the custody Order. d. Any other relief that this Honorable Court may deem appropriate. 16. A petition was previously filed on August 18, 2006; the petition did not have` Exhibit A attached, Exhibit A, which is the prior custody order and correspondence is attached to this amended petition. 17. A hearing has been set for August 31, 2006 at 1:30 p.m.; no date change or additional order is requested pending the scheduled hearing. WHEREFORE, Plaintiff requests this Honorable Court enter an Order directly that the children shall be immediately returned to Father as well as any other such relief as this Court may deem appropriate. Date: ~ ~~ ~~ Respectfully submitted, Adams, Esquire No. 79465 outh Pitt Street isle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF • # AUG 0 2 2004 JEFFREY S. KINGSBOROUGH, Plaintiff V. SHELLY M. KINGSBOROUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 5193 Civil Term DIVORCE ORDER AND NOW, this ~~ day o , 2004, having reviewed the attached agreement between the parties dated July 26, 2004, it is hereby ORDERED. and DECREED that the agreement shall be entered as an ORDER of Court. J. V cc: Jane Adams, Esquire, for mother Kenton D. McCoy, father ~l' r~st9r6iony y,her f ! ~r,~ to set my }reed ~n~ ~.~' '>r:~;~l !~~ a8:i 1',~' r1i518~ Pa. ~X~r~~ iTPr ~~ • JEFFREY S. KINGSBOROUGH, Plaintiff V. SHELLY M. KINGSBOROUGH, Defendant • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, ~ ~- ~ ~,~ Civil Term IN CUSTODY n STIPULATION AND CUSTODY AGREEMENT ~- ~. -~:~ ~- t"?ts~ ~_ .* s'. i;.. This Stipulation and Custody Agreement is made this o~ ~ day of (,~ ~' ~'~ °' ~~: by and between SHELLY M. KINGSBOROUGH, (Hereinafter referred to as Buras, Louisiana, and JEFFREY S. KINGSBOROUGH, (Hereinafter referred to as Newville, Cumberland County, Pennsylvania; N ~ ~~ ~A04, -~ ~ of~ ~ _~,~ _r WHEREAS, Mother and Father are the natural parents of three minor children, namely, Damian Scott Kingsborough, date of birth, 3/17/94; " Dmytri Michael Kingsborough, date of birth, 11/10/95; Daryn Ivory Kingsborough, date of birth, 7/11/97; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. • NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and shaze in making of decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notif}~ the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall shaze legal custody, non-major decisions involving the children's day-to-day living shall be made by the pazent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody Primary Physical Custody of the children, as that term is defined in the custody act, shall be with Father. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Mother shall have the right to periods of partial custody with the children as follows: A. Mother shall have liberal periods of custody with the children as the parties mutually agree, as long as such periods do not interfere with the children's schooling or activities. B. During the summertime, when the children are off school, Mother shall be entitled to a period of partial custody with the children for two to six weeks as the parties mutually agree. The children shall be returned to Father no later than fourteen (14) days before school starts. The parties shall equally divide the costs of transportation for the summer visit. C. Mother shall be entitled to additional blocks of time on Easter, Thanksgiving, and Christmas, and other holidays, as the parties mutually agree. • D. Mother shall have additional times with the children as the parties mutually agree. E. Nothing in this agreement shall keep the parties from mutually agreeing to additional periods of custody for Mother. 4. Ongoing RelationshiQ, Neither party shall attempt to undermine the mutual love and affection that the child(ren) may have for the other pazent and neither pazent shall, in the presence of the child(ren) make any disparaging or negative remazks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towazd obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycaze for the child(ren). 5. Illness of the Child. Emergency decisions regazding a child shall be made by the pazent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each pazty shall have the right to visit the child as often as he or she desires, consistent with the medical caze of the child. 6. Welfare of the Child to be Considered. The welfaze and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both pazents aze directed to listen cazefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other pazenting issues. 7. Binding Effect and Modification of Order This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties aze free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 8. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 9. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 10. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: j 4~ EFF Y S. GSBO UGH, J e dams, Esqui~ Father 0.79465 6 S. Pitt St. C .1' le, Pa. 17013 (717) 245-8508 Attorney for Father COMMONWEALTH. .PENNSYLVANIA ) ):ss COUNTY OF CUMBERLA ) On this, the ~ day of , 2004, before me, the undersigned officer, personally appeared JEFFREY S. KINGSBOROUGH, wn to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and aclcnow ed that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand a?t~official seal. Notary Public My commission expires: SEAL • • • ~~ao' ~ V V SHELLY . KINGSBO UG W ess Mother COMMONWEALTH ENNSYLVANIA ) ):ss COUNTY OF CUMBERLAN ) On this, the ~-~ day of , `~ , 2004, before me, the undersigned officer, personally appeared SHELLY M. KINGSBOROUG own to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and aclrno ged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my han d official seal. Notary Public My commission expires: SEAL • • Jane Adams ATTORNEY AT LAW 36 SOUTH PITT STREET CARLISLE, PA. 17013 (717) 245-8508 voice (717) 245-8538 fax esgadams(c~aol.com August 3, 2004 Shelly Kingsborough 121 Mitchell Lane Burgs, LA 70041 Dear Shelly: Enclosed please find a custody petition and stipulation of agreement which has been filed with the Cumberland County Prothonotary. We are requesting that a judge enter the stipulation as an Order of Court. There will be no hearing in this matter. Also enclosed please fmd an Affidavit of Consent and Waiver of Notice regarding your divorce. Please review and sign this document and return it to me. Upon receipt, I will file it with the Prothonotary and proceed to request a final Decree in Divorce. Thank you for your attention regarding this matter. Please feel free to contact me if you have any questions regarding the above. Sincerely, - ~~ Jane Adams, Esquire ATTORNEY VE~tIFICATION Undersigned counsel, Jane Adams, Esquire, hereby verifies and states that: 1. She is the Attorney of record for Jeffrey S. Kingsborough. 2. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing response as known to her and not necessarily to her client. 4. The facts set forth in the foregoing response are true and correct to her to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to thorities. Date: ~ 2c~' -~ l J Adams, Esquire Pitt St. isle, Pa. 17013 mey for Jeffrey S. Kingsborough ~-' o ~ ~ c~ ~ _ ~ ~^~ : -,-, ,~ -~ ~ _ -~ ~' ~ ~~, . ~-~ ~., `~ + ~' w w • JEFFREY S. KIATGSBOROUGH, Plaintiff V. SHELLY M. KI1dGSBOROUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 5193 Civil Term CUSTODY ORDER OF COURT AUG 212006 AND NOW, this a4~ day of l.'~' , 2006, a hearing regazding Plaintiffs Petition for Special Relief is scheuduled for the ,3 ~ ~ day of C~~^~""" , 2006, at ~ ~ ~ A:M./P.M in Courtroom No. ~ of the,_C UQumberland County Courthouse in Cazlisle, Pennsylvania. cc: ,J`ane Adams, Esquire ~lly M. Kingsborough, Mother ~~~ •a`~ oq,~.a ~ ~ c {, ~ ~~ „ ~~, ~- ~ ~ f N i~ ~ r , :_ =;e _ ~ ~ti ;? aT r `'~ ~ ca a ~ -c ,~ JEFFREY S. KINGSBOROUGH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. SHELLY M. KINGSBOROUGH, DEFENDANT 03-5193 CIVIL TERM ORDER OF COURT AND NOW, this 'Z`~ day of August, the hearing currently scheduled on the father's petition for special relief for August 31, 2006, IS CANCELLED. The hearing is reschedu{ed to Friday, September 8, 2006, at 9:30 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. ~ne Adams, Esquire For Jeffrey S. Kingsborough ~helly M. Kingsborough, Pro se 125 Lake Shore Drive Cherokee Village, AR 72529 ;~ sal J ~d~ ~, By the Court, ~ ~O~D . ~0 O~ FILED-Orr ~~ OF THE P~O'iHO~OT~RY 2006 ~U~y 3Q ~iPi I0~ 33 CUiv~:.,~ C~i;Nil` .+ JEFFREY 5 KINGSBOROUGH, Plaintiff/Respondent vs. SHELLY M. KINGSBOROUGH, D efendant/Petitioner IN CUSTODY PETITION TO MODIFY CUSTODY ORDER Petitioner, now known as Shelly M. Thompson and listed as Shelly Kingsborough in the above-captioned matter, by and through her counsel, Grace E. D'Alo of MidPenn Legal Services, states the following: 1. Plaintiff, hereinafter referred to as "Mother," resides at 125 East Lakeshore Drive, Cherokee Village, Arkansas, 72629: 2. The above Defendant, Jeffrey Kingsborough, resides at 33 Countryview Estates, Newville, PA 17241. 3. Mother and Defendant are the natural parents of: a. Damien Scott Kingsborough, born 3/17/94; b. Dmytri Michael Kingsborough, born 11/10/95; and c. Darya Ivory Kingsborough, born 7/11/97. 4. The parties previously entered into a custody stipulation that was entered as an Order of Court dated August 9, 2004. The previous Order was entered under the above-captioned docket number and is attached hereto as Exhibit A. S. Mother believes that it is in the best interests of her children for the attached Order to be modified to grant her primary custody of the children based on the IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 03- 5193 CrviL TERM following. a. Mother is presently able to provide for the child by giving the children a nurturing and stable home environment and providing for their emotional, physical, medical and educational needs; b. Although Mother was recently displaced because of Hurricane Katrina and has been relocated, she now has a permanent home with her husband; c. Mother can best facilitate and maintain any contact between the children and the Defendant; d. Mother believes that the children will be able to participate in more activities and get more assistance with their homework in her household. 6. Father is not acting in the best interests of the children in the following ways: a. The children have been left unsupervised and engaged in dangerous activities such as shooting guns; b. Defendant monitors and limits Mother's contact with the children during the school year and frequently hangs up the phone while the children are talking to Mother or forbids them to answer a~1y phone call that identifies Mother as the caller; c. Defendant has a serious alcohol problem and is infrequently at home; d. The children are frequently left to cook and fend for themselves; e. During the times he is drinking, Defendant becomes belligerent and has physically threatened Mother and has also physically abused the children. 7. Mother requests that the Court grant primary physical and legal custody of the children to her and grant the Defendant reasonable visitation. 8. Mother avers that Defendant has counsel as noted in the Affidavit of Service and believes that Defendant does not concur with the relief requested below. WHEREFORE, Petitioner respectfully requests the following: a. Shelly M. Thompson shall have primary legal and physical custody of the children. b. The custodial rights of Defendant shall have extensive visitation in the summer; c. Any other relief this court deems just and proper. Respectfully submitted, ~~ ~ , G c E. D'Alo Att ey for Plaintiff/ Petitioner MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 VERIFICATION The Plaintiff, Shelly M. Thompson, verifies that the statements made in the attached Petition for Modification are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ~,~' -/y-~ ~' Date : ~I S elly homps / JEFFREY S. KINGSBOROUGH, Plaintiff/Respondent v. SHELLY M. KINGSBOROUGH, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5193 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Grace E. D'Alo, Esquire, of MidPenn Legal Services, attorney for Petitioner, Shelly Kingsborough, hereby certify that I have served a copy of the forgoing Petition To Modify Custody Order by: U.S. First Class Certified Mail, Return Receipt to: Jeffrey Kingsborough 33 Countryview Estates Newville, PA 17241 Date: ~ ~ ~ V `E-i Gr e E. D' Alo, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 ~ ~ R~Z ~~'43 ^tt 4',4:. ~;` :~ .•` ~r ~ •; ~ .~ ~ h r JEFFREY S. KINGSBOROUGH, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5193 CIVIL TERM SHELLY M. KINGSBOROUGH, Defendant/Petitioner IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Shelly Kingsborough, Petitioner, to proceed in forma au eris. I, Grace E. D'Alo, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Gam-- G e E. D'Alo, Esquire Mi nn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 ~ ~~ N ~? ~~ © ...-t ..c ~~ ~' &~ ~ ~ JEFFREY S. KINGSBOROUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. SHELLY M. KINGSBOROUGH DF..FENDANT • 03-5193 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, September 25, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and. their respective counsel appear before Jacqueline M. Verney, Esq, ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 24, 2006 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. Ali 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 4$ hours prior to scheduled hearing. FOR. THE COURT, By: Is/ ac ueline M. Verne 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 "~° ~- ~'/ ~~~5~~ ~o .s~~ N~~;~~;n~~,s4~r~1~~ ~'~ ~Z d ~Z ~.~5 9~~Z 3u(::~~r~Q~~1~ APR Z 62007 JEFFREY S. KINGSBOROUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2003-5193 CIVIL ACTION -LAW SHELLY M. KINGSBOROUGH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25th day of April, 2007, not being contacted within ninety days from the date of the continuance, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, fit. ac eline M. Verney, Esqu' ,Custody Conciliator ~~ ~~ G71 ~ti tJ~, ~~~(n ~71~ r~ /l1 ~i~' _ ~~ ~ ~:~'1~~ Qv ~~ ~c~ ~~ ~~~~ ~~~Z "~+.'~v~-Cl~l~