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HomeMy WebLinkAbout03-5855ARTHUR KIRBY, Plaintiff L1NDA KIRBY, Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :CUSTODY COMPLAINT FOR CUSTODY AND NOW this ~r~day of November, 2003, comes Plaintiff, Arthur Kirby, by and through counsel, Lawrence J. Rosen, Esquire, and offers the following averments in support of the within Complaint: 1. Plaintiff is Arthur Kirby residing at 1326 Norway Maple Court, New Cumberland, Pennsylvania, 17070. 2. Defendant is Linda Kirby residing at 7073 Carlisle Pike, Carlisle, Pennsylvania 17013. 3. Petitioner seeks custody of the following child: NAME PRESENT ADDRESS AGE Jacquelen Kirby 1326 Norway Maple Court 11 (12/3/91) New Cumberland, Pennsylvania Jacquelen Kirby was not bom out of wedlock.. The child is presently in the custody of Plaintiff who resides at 1326 Norway Maple court, New Cumberland, Pennsylvania, 17070. During the past five years, the child has resided at 7073 Carlisle Pike, Carlisle, Pennsylvania 17013 with Defendant. She had resided with Plaintiff and his mother at 1326 Norway Maple Court, New Cumberland, PA 17070 since November 1, 2003. The mother of the children is Linda Kirby who currently resides at 7073 Carlisle Pike, Carlisle, Pennsylvania 17013. She is married. The Father of the children is Arthur Kirby who currently resides at 1326 Norway Maple Court, New Cumberland, Pennsylvania, 17070. He is married. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides with the minor child and his mother. The relationship of Defendant to the child is that of mother. Defendant currently resides alone. Plaintiffhas 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 conceming the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The best interests and permanent welfare of the child will be served by granting the relief requested because Defendant has demonstrated her inability to provide a safe and nurturing environment for the minor child. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant him legal and physical custody of the minor child, Jacquelen Kirby. Respectfully submitted: By: KREVSKY & ROSEN, P.C. [a~ e r~. cCJ;Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102 ID# 10625 (717) 234 4583 ARTHUR KIRBY, Plaintiff V. LINDA KIRBY, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : :CUSTODY I, ARTHUR KIRBY, hereby verify that the information contained in the foregoing Complaint for Custody is tree and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. ARTHUR KIRBY, Plaintiff LINDA KIRBY, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. :CUSTODY CERTIFICATE OF SERVICE AND NOW, this~*,")'¥x day of November, 2003, I, Susan Lenker, for the law firm of Krevsky & Rosen, P.C., hereby certify that I have this day served a copy of the Complaint in the above-captioned matter, by U.S. FIRST CLASS CERTIFIED MAIL on the following: LINDA KIRBY 7073 CARLISLE PIKE CARLISLE, PA 17013 Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 ARTHUR KIRBY PLAINTIFF V. LINDA KIRBY DEFENDANT IN 'I~E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5855 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, November 14, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechaniesbur§,PA 17055 on Wednesday, DecemberlT, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish 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: /~/ Dawn S. Sunday. Esq. 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 heating ur 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 VlF~A'1,LgNN~d ARTHUR KIRBY, Plaintiff VS. LINDA KIRBY Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5855 CIVIL ACTION LAW JAN 2 3 2OO4 IN CUSTODY ORDER OF COURT AND NOW, this ~ {, _* day of 4/a~oa.~ , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Arthur Kirby, and the Mother, Linda Kirby, shall have shared legal custody of Jacquelen Kirby, bom December 3, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on his days offwork upon providing at least 72 hours advance notice to the Mother. The Father's periods of custody shall begin after work on the day before the Father's days off from work. The Father shall notify the Mother as soon as possible in the event he needs to cancel a scheduled period of custody. 4. The Father shall be entitled to have custody of the Child for two non-consecutive weeks during the summer school break each year upon providing at least 30 days advance notice to the Mother. 5. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall notify the other party in advance of the address and telephone number where the Child can be contacted. 6. Both parties shall refrain fi'om drinking alcohol to excess or using illegal drugs during periods of custody with the Child. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THECOURT, cc:,L~a~rence J. Rosen, Esquire - Counsel for Father ~kfnda Kirby - Mother ARTHUR KIRBY, VS. LINDA KIRBY Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5855 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, 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 DATE OFBIRTH CURRENTLY IN CUSTODY OF Jacquelen Kirby December 3, 1991 Mother 2. A Conciliation Conference was held on January 20, 2004, with the following individuals in attendance: The Father, Arthur Kirby, with his counsel, Lawrence J. Rosen, Esquire and the Mother, Linda Kirby, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esqnire Custody Conciliator