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HomeMy WebLinkAbout08-6850DEREK WHITE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - CIVIL TERM VS. AMANDA KENDALL, Defendant : CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Derek White, Father. Father resides at 98 Oak Knoll Road, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant is Amanda Kendall, Mother. Mother resides at 45 Liberty Drive, Mt Holly Springs, Cumberland County, Pennsylvania, 17065. 3. The plaintiff seeks a schedule for partial custody of the minor child: Name Present Residence Age Joshua Tyler White 45 Liberty Drive 10/20/06 DOB, 2 years old Mt Holly Springs, PA 17065 Joshua was born out of wedlock. The child is presently in the custody of Mother. During Joshua's lifetime, he has resided with the following persons at the following addresses: Name Address Date Joshua White and Amanda Kendall 98 Oak Knoll Road New Cumberland, PA Amanda Kendall Father is single. 45 Liberty Drive Mount Holly Springs, PA Mother is single. 4. Father currently resides with the following persons: Name Relationship birth -12/06 12/06 - present Derek White Self Rita. White Paternal Grandmother 5. It is believed that Mother currently resides with the following persons: Name Relationship Amanda Kendall Self Mary Cook Maternal Grandmother 6. Father 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. 7. Father has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. Father 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. 9. The best interest and permanent welfare of Joshua will be served by granting the relief requested for reasons including, but not limited to the following: a) Father has a stable home environment that is safe and appropriate for periods of partial custody with the child. b) Father is willing to communicate and work cooperatively with Mother to co- parent the child and will encourage both the father/son and the mother/son relationships. c) Mother has not acted in the best interest of the child in ways including but not limited to the following: i) Mother prevents healthy development of a bond between Father and the child by refusing them to have regular contact with each other. ii) Father fears that without a custody order in place, Mother will continue to deprive him of regular contact with the child, which will further deteriorate their relationship. iii) Mother has arbitrarily decided that Father may not see the child despite a lack of evidence that such action is necessary or warranted for the safety or well-being of the child. 10. Every person with rights to custody or having actual physical custody of the child has been named as a party to this action. WHEREFORE, Father requests this Court to: a) Grant the parties shared legal custody of the child. b) Grant Mother primary custody of the child. c) Grant Father periods of partial physical custody and visitation. d) Any additional relief the court finds just and proper. Respectfully submitted, l? Gr Alo Att e for Plaintiff Mid Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Derek White, verifies that the statements made in the above COMPLAINT FOR CUSTODY 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. Date: 1 0 ? ? / Derek White DEREK WHITE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008 - CIVIL TERM AMANDA KENDALL, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Grace D' Alo, do hereby swear that I served Amanda Kendall with a Complaint For Custody on I 2-0 O 2008 by certified mail, return receipt, restricted delivery, to the person and address below: Amanda Kendall 45 Liberty Drive Mt Holly Springs, PA 17065 I, Grace D'Alo, verify that the statements made in this Affidavit of Service 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 unswom falsification to authorities. U y Date: Signature: `- ? Z ZC? - F - ?„1 i . DEREK WHITE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008 - CIVIL TERM AMANDA KENDALL, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Derek White, Plaintiff, to proceed in forma au eris. I, Grace D'Alo, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. G ac D' Alo Att y for Plaintiff Mid Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 CD rs s ? t 17?.? ? S.j irJ ? Y C - Cal .___ zS3 G .? DEREK WHITE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6850 CIVIL ACTION LAW AMANDA KENDALL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, December 01, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 30, 2008 at 9:30 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. 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/ Hubert X. Gilroy, Es q. 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 1 . 01- 7311,9140 4d tvl? IT, DEREK WHITE Plaintiff/Petitioner vs. AMANDA KENDALL, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6850 CIVIL TERM CUSTODY PRAECIPE TO WITHDRAW CUSTODY COMPLAINT To the Prothonotary: Please withdraw without prejudice Custody Complaint brought by Plaintiff, Derek White, in the above captioned case. Respect bmitted: ick Matash, Esquire MIDPENN LEGAL SERVICES 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 I.D. # 87916 0 VERIFICATION The above-named PETITIONER, Derek White, verifies that the statements made in the above Praecipe to Withdraw Custody Complaint are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Derek White FE - ?.w 2 0 0 9 JG` - 7 P'l,1 0 a JUL 0 8 2009 DEREK WHITE IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08-6850 CIVIL TERM AMANDA KENDALL, Defendant/Respondent CUSTODY ORDER OF COURT Q? AND NOW, this O day of _ 2009, upon consideration of the Praecipe to Withdraw Custody Complaint filed on behalf of Plaintiff, Derek White, the Custody Complaint is withdrawn without prejudice. Judge D'stribution: ck Matash, Esquire for the Plaintiff 401 East Louther Street Carlisle, PA 17013 7 9 3 ,.,Keith O. Brenneman, Esq. for the Defendant Snelbaker & Brenneman P.C. 44 W. Main St., P.O. Box 318 Mechanicsburg, PA 17055-0318 Co t'es .rt216L RLD r 2009 JULI -9 AM lc8 EQNI'L LV, 1 JUI DEREK WHITE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW AMANDA KENDALL, NO. 2008-6850 Defendant IN CUSTODY ORDER t? AND NOW, this day of July, 2009, the Conciliator being advised the parties have withdrawn the Custody Complaint, the Conciliator relinquishes jurisdiction. Hubert X. Gilr y, Esquire Custody Conc liator RLE4-aFICE OF THE P -'TO NARY 1009 JUL 20 PM I : 21 PENNMIANA DEREK WHITE, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA AMANDA KENDALL, Defendant NO. 2008-6850 IN CUSTODY MOTION TO APPROVE STIPULATION FOR ENTRY OF CUSTODY ORDER Defendant Amanda Kendall, by her attorneys, Snelbaker & Brenneman, P. C. submits this Motion to Approve Stipulation For Entry of Custody Order and in support thereof states the following: 1. Plaintiff Derek White and Defendant Amanda Kendall are the natural parents of Joshua Tyler White born October 20, 2006. 2. On November 20, 2008 Plaintiff filed a Complaint for Custody with respect to Joshua Tyler White. 3. On July 8, 2009 upon consideration of Plaintiffs Praecipe to Withdraw Complaint, this Court issued an Order withdrawing the Custody Complaint without prejudice. 4. Since the withdraw of the Complaint, the parties have reached an agreement with respect to the legal and physical custody of their son, Joshua Tyler White, which they have documented in the form of a Stipulation For Entry of Custody Order (the "Stipulation"), which Stipulation is attached hereto and incorporated by reference herein as "Exhibit A". 5. The parties have agreed pursuant to Paragraph 5 of the attached Stipulation that the LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Stipulation will become part of an Order of Court to be issued in this proceeding by emotion to t's attorne f d D f l d b b ? -- y. en e an i e y e ?_ ; 6. Nick Matash, Esquire, attorney for Plaintiff Derek White, consents to this Motion being submitted for the approval of the parties' Stipulation. 7. The Honorable Edward E. Guido issued the Order dated July 8, 2009 in this action as made reference to above. WHEREFORE, Defendant requests this Court to issue an Order incorporating the parties' Stipulation with respect to custody of their son, Joshua Tyler White. SNELBAKER & BRENNEMAN, P. C. By: Date: January 29, 2010 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Amanda Kendall -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. DEREK WHITE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-6850 AMANDA KENDALL, IN CUSTODY Defendant : STIPULATION FOR ENTRY OF CUSTODY ORDER Amanda Kendall ("Mother") and Derek White ("Father") hereby stipulate and agree as set forth below with respect to the custody of their son, Joshua Tyler White: 1. The parties agree that Mother Amanda Kendall shall have sole and exclusive legal custody of the parties' son, Joshua Tyler White, born October 20, 2006. 2. The parties agree that Mother Amanda Kendall shall have sole and exclusive physical custody of the parties' son, Joshua Tyler White. 3. Father Derek White agrees that in the event of any future adoption proceeding initiated with respect to the adoption of Joshua Tyler White, that Derek White shall agree to the voluntary termination of his parental rights with respect to Joshua Tyler White. 4. The parties acknowledge that each has had the legal significance and effect of this Stipulation explained to them through their own separate counsel. 5. The parties agree and consent to this Stipulation becoming part of an Order of Court to be issued in this custody proceeding by a Motion to be filed by Defendant's attorney. WITNESS: Derek White anda Kendall EXHIBIT A VERIFICATION I verify that the statements made in the foregoing Motion 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 unworn falsification to authorities. I k-- Keith O. Brenneman Date: January 29, 2010 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Nick Matash, Esquire MidPenn Legal Services 401 East Louther Street Suite 103 Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. BY I Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendant Amanda Kendall Date: January 29, 2010 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. FEB 0 ? 2uiu 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-6850 IN CUSTODY ORDER DEREK WHITE, V. AMANDA KENDALL, Defendant AND NOW, this d -4? day of parties' Stipulation For Entry of Custody Order and Defendant's Motion with respect thereto, it is hereby ORDERED as follows: Plaintiff F"; ? , 2010, upon consideration of the 1. Amanda Kendall shall have sole and exclusive legal custody of the parties' son, Joshua Tyler White, born October 20, 2006. 2. Amanda Kendall shall have sole and exclusive physical custody of the parties' son, Joshua Tyler White. 3. Derek White agrees that in the event of any future adoption proceeding initiated with respect to the adoption of Joshua Tyler White that Plaintiff Derek White shall agree to the voluntarily termination of his parental rights with respect to Joshua Tyler White. BY THE OURT: Ef. Y* J. LAW OFFICES SNELSAKER & BRENNEMAN. P.C. 4 m r co fV Q W ???"""GGG DEREK WHITE, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA AMANDA KENDALL, Defendant : NO. 2008-6850 : IN CUSTODY MOTION TO APPROVE STIPULATION FOR ENTRY OF CUSTODY ORDER Defendant Amanda Kendall, by her attorneys, Snelbaker & Brenneman, P. C. submits this Motion to Approve Stipulation For Entry of Custody Order and in support thereof states the following: 1. Plaintiff Derek White and Defendant Amanda Kendall are the natural parents of Joshua Tyler White born October 20, 2006. 2. On November 20, 2008 Plaintiff filed a Complaint for Custody with respect to Joshua Tyler White. 3. On July 8, 2009 upon consideration of Plaintiffs Praecipe to Withdraw Complaint, this Court issued an Order withdrawing the Custody Complaint without prejudice. 4. Since the withdraw of the Complaint, the parties have reached an agreement with respect to the legal and physical custody of their son, Joshua Tyler White, which they have documented in the form of a Stipulation For Entry of Custody Order (the "Stipulation"), which Stipulation is attached hereto and incorporated by reference herein as "Exhibit A". 5. The parties have agreed pursuant to Paragraph 5 of the attached Stipulation that the LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Stipulation will become part of an Order of Court to be issued in this proceedi bysmotion to be filed by Defendant's attorney. c J 6. Nick Matash, Esquire, attorney for Plaintiff Derek White, consents to this Motion being submitted for the approval of the parties' Stipulation. 7. The Honorable Edward E. Guido issued the Order dated July 8, 2009 in this action as made reference to above. WHEREFORE, Defendant requests this Court to issue an Order incorporating the parties' Stipulation with respect to custody of their son, Joshua Tyler White. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Amanda Kendall Date: January 29, 2010 LAW OFFICES -2 SNELBAKER & BRENNEMAN, P.C. DEREK WHITE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA KENDALL, Defendant : NO. 2008-6850 IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER Amanda Kendall ("Mother") and Derek White ("Father") hereby stipulate and agree as set forth below with respect to the custody of their son, Joshua Tyler White: 1. The parties agree that Mother Amanda Kendall shall have sole and exclusive legal custody of the parties' son, Joshua Tyler White, born October 20, 2006. 2. The parties agree that Mother Amanda Kendall shall have sole and exclusive physical custody of the parties' son, Joshua Tyler White. 3. Father Derek White agrees that in the event of any future adoption proceeding initiated with respect to the adoption of Joshua Tyler White, that Derek White shall agree to the voluntary termination of his parental rights with respect to Joshua Tyler White. 4. The parties acknowledge that each has had the legal significance and effect of this Stipulation explained to them through their own separate counsel. 5. The parties agree and consent to this Stipulation becoming part of an Order of Court to be issued in this custody proceeding by a Motion to be filed by Defendant's attorney. WITNESS: Derek White 4y1CAA Amanda Kendall EXHIBIT A VERIFICATION I verify that the statements made in the foregoing Motion 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 falsification to authorities. Keith O. Brenneman Date: January 29, 2010 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Nick Matash, Esquire MidPenn Legal Services 401 East Louther Street Suite 103 Carlisle, PA 17013 By: Date: January 29, 2010 SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendant Amanda Kendall LAW OFFICES SNELBAKER & BRENNEMAN, P.C.