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HomeMy WebLinkAbout08-5602DOUGLAS T. JAMES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - Sll??' CIVIL TERM MICHELLE A. JAMES, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Douglas T. James, by his attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Douglas T. James, is an adult individual with an address of 6344 Bennington Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Michelle A. James, is an adult individual with an address of 4066 Darius Drive, Enola, Cumberland County, Pennsylvania 17025. 3. The parties are the natural parents of two (2) children, Lindsey James, born April 5, 1995; and Danielle James, born December 27, 1998. 4. The Plaintiff, Douglas T. James, desires that the parties have shared legal custody of said minor children, Lindsey James and Danielle James. 5. The Plaintiff, Douglas T. James, desires primary physical custody of said minor child, Lindsey James, with periods of temporary physical custody to Defendant, Michelle A. James, as the parties can agree. 6. The Plaintiff, Douglas T. James, desires shared physical custody of said minor child, Danielle James, on a week on/week off basis as the parties can agree. 7. The best interests and permanent welfare of the minor children requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Douglas T. James, respectfully requests that he be awarded primary physical custody and shared legal custody of Lindsey James and shared physical and shared legal custody of Danielle James as provided herein. Respectfully submitted, IRWIN & By: Aw1gs-A. McKnig II, Esquire :orney for Plaintiff West Pomfret Street [lisle, Pennsylvania 1701 -3222 (71 -2353 Supreme Court I. D. No. 25476 Date: September 19, 2008 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: September 19, 2008 Fn N O ': DOUGLAS T. JAMES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-5602 CIVIL ACTION LAW MICHELLE A. JAMES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, September 29, 2008 _, 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, Mechanicsburg, PA 17055 on Tuesday, October 28, 2008 at 10:00 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda 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 DOUGLAS T. JAMES Plaintiff VS. MICHELLE A. JAMES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-5602 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this T -? day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Douglas T. James, and the Mother, Michelle A. James, shall have shared legal custody of Lindsey James, born April 5, 1995, and Danielle James, born December 27, 1998. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. The parties shall keep each other advised immediately in the event of a serious illness or medical emergency concerning the Children and shall take any necessary steps to ensure that the health and well-being of the Children are protected. During such illness or medical emergency, both parties shall have the right to visit the Children as often as they desire consistent with the proper medical care of the Children. 2. The Father shall have primary physical custody of Lindsey and the Mother shall have partial physical custody of Lindsey as arranged by agreement between the parties. 3. The parties shall share having physical custody of Danielle on an alternating weekly basis, with the exchange time and day to be arranged by agreement between the parties. 4. The parties shall have custody of the Children during holidays in a manner consistent with the Children's best interests and as arranged by agreement. f ? 5. In the event the parties mutually agree to change the physical custody schedule for Lindsey, the Father shall pay the court costs and legal fees required to obtain a Court Order confirming the agreed-upon changes. 6. The parties agree to be flexible in making any necessary changes to the custody schedule set forth in this Order to accommodate the schedules of the Children and the parties. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of such mutual consent, the terms of this Order shall control. J_ BY THE CO MT, J. cc: Marcus A. McKnight, III, Esquire - Counsel for Father Michelle A. James - Mother i j - oS v rn ca LL1 - LLI LLJ C.7 C7 C=) C=:) C-i NOV 0 3 2008 1 DOUGLAS T. JAMES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-5602 CIVIL ACTION LAW MICHELLE A. JAMES : Defendant 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lindsey James April 5, 1995 Father Danielle James December 27, 1998 Mother/Father 2. A custody conciliation conference was held on October 28, 2008, with the following individuals in attendance: the Father's counsel, Marcus A. McKnight, III, Esquire. Neither of the parties appeared for the conference or contacted the conciliator. 3. The Father's counsel provided written confirmation of the parties' agreement on certain custody issues. Based upon the representations of the Father's counsel and the written confirmation of the Mother's agreement to the custody arrangements, the conciliator recommends an Order in the form as attached. 4. In the event either of the parties desires a review of the custody arrangements, he or she may file a request for the rescheduling of a conference to address those issues. Date Dawn S. Sunday, Esquire Custody Conciliator T