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HomeMy WebLinkAbout09-0139GISELLE EDWARD5, Plaintiff v. ANDl3E JACKSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION -LAW No.: 0 9 - 13 9 ~,~~ I -f-e~ ~ IN CUSTODY CUSTODY COMPLAINT AND NOW, comes Plaintiffby and through her counsel, Andrew H. Shaw, and brings this Custody Complaint: 1. Plaintiff is an adult individual residing at 417 Ricky Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Andre Jackson, is an adult individual residing at 514 First Street, Cazlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children (hereinafter "Child"): a. Julian Xavier Jackson; age 4 months; 4. The Child was born out of wedlock. 5. The Child is currently residing with Defendant at 514 First Street, Cazlisle, Pennsylvania. 6. During the past five years, the Child has resided with the following persons and at the following address: a. 417 Ricky Road, Mechanicsburg, Pennsylvania with Plaintiff (8/21/2008 to 1 /2/2009); b. 514 First Street, Cazlisle, Pennsylvania with Defendant (1/2/2009 to Present); 7. Defendant Jackson is the father of the Child, and his current residence is 514 First Street, Carlisle, Pennsylvania. Defendant is not married. 8. Plaintiff is the mother of the Child, currently residing at 417 Ricky Road, Mechanicsburg, Pennsylvania. Plaintiff is not married. 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the Child in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth or any other state. 11. 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. 12. The best interests and permanent welfaze of the Child will be served by granting the relief requested because of the following facts: a. Defendant has a history of domestic abuse and neglect; b. The Child is 4 months old and breastfed, and was residing with the Mother/Plaintiffuntfl Defendant refused to return Child to Mother after a visit; c. The Child is at an age where he needs the Gaze and nurturing of his mother, especially since he is currently breastfed; d. Defendant has refused Plaintiff to have any contact with the Child. 13. Each pazent whose pazental 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. There are no other persons known to have or claim a right to custody or visitation of the Child. WHEREFORE, Plaintiff requests this Court awazd primary physical and legal custody of the Child to Plaintiff. Respectfully submitted, Date: ~ By: Andrew H` Shaw, Esquire Sup. Ct. ID No.: 87371 200 S. Spring Gazden St., Suite 11 Cazlisle, PA 17013 (717) 243-7135 (717} 243-7872 (facsimile) Attorney for Plaintiff VERIFICATION I, Gisselle Edwards, verify that the statements made in this Complaint aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: ~ a ~.~ -~~ Gisselle Edwazds D ~ .ra -~-, ~-;,, c_ fi C'~ ~~ N ' ~ ' y,. ~ ~_~ a ~^~ (.~y _ \ .. _~ -L,. t rt ~ W .~ c,,,y "~°p c.J ~"" ~ ~ . W ~, ~ A 4. ~ ~, ~ ~- ~- GISELLE EDWARDS, Plaintiff v. ANDRE JACKSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No.: !~9 - 139' ca ~ : l f e ~M IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Giselle Edwards, by and through her counsel, Andrew H. Shaw, Esquire and hereby files this Emergency Petition for Special Relief requesting this Honorable Court to grant Plaintiff temporary legal and physical custody of the parties' minor child and in support thereof avers the following: 1. Plaintiff, Giselle Edwards (hereinafter "Mother"), is the natural mother of the Child, Julian Xavier Jackson (hereinafter "Child"), born August 21, 2008. 2. Defendant, Andre Jackson (hereinafter "Father"), is the natural father of the Child. 3. The Child is 4 months old. 4. During the time that Mother was pregnant with the Child, Father showed no interest in the health and welfare of the Child. 5. Since Child's birth, Father indicated no interest in having any contact with the Child until he started visiting with the Child beginning azound Christmas. b. Father had a total of 3 visits, and said visits were for no more than 2 hours at a time at Mother's residence. 7. Mother then granted Father a visit with the Child at Father's residence on January 2, 2009, to be until Sunday, January 4, 2009. 8. However, Father called Mother's home in the morning on Saturday, January 3, 2009 requesting Mother to pick up the Child. 9. When Mother came to pick up the Child, Father refused to permit Mother to take the Child. 10. Despite numerous requests, Father has refused to permit Mother to have custody of the Child. 11. Prior to Father refusing to permit Mother to have custody of the Child, the Mother was breastfeeding the Child. 12. Plaintiff believes and therefore avers that the child is no longer breastfeeding and is now being fed formula. 13. Based upon Mother's experience when she co-habitated with Father, Father can be physically abusive and also consumes alcohol in excess. 14. Father's actions pose a risk of physical abuse and neglect towards the Child. 15. Petitioner has simultaneously with the filing of the Petiion filed a Complaint in Custody in this matter. 16. Petitioner believes it is unsafe for the Child to be left in the care of the Father. 17. Even more so, Petitioner believes it is critical that the Child be in the physical custody and care of Mother because the Child is an infant in need of his motherly care. 18. Petitioner believes that if this Court does not grant Petitioner's request that Father will not provide the care and comfort necessary for an infant. 19. Petitioner is also seriously concerned with the fact that Father refuses to permit Mother to have any form of custody although Mother had been exclusively caring for the Child since birth. 2 .~ 20. Petitioner believes that the physical well-being of the Child is in serious jeopazdy when he is with Father. 21. Petitioner believes and therefore avers that Father is unrepresented by counsel. 22. Petitioner believes that if Father is made awaze of this Petition prior to filing, that Father will pose a flight risk and will remove the Child from this jurisdiction. 23. Consequently, Petitioner has not presented this Petition to Father prior to filing. 24. No judge has been assigned to this matter, and therefore no judge has ruled on any prior issues related to this matter. WHEREFORE, Petitioner/Mother requests this Honorable Court to grant legal and physical custody of the children to Mother with Father having supervised visitation as the parties agree pending the Custody Conciliation Conference. Respectfully, Date: l' ~~ -- ~ i By: A4fdrew H: Shaw~Esquire Sup. Ct. ID No.: 87371 200 S. Spring Gazden St., Suite 11 Cazlisle, PA 17013 (717) 243-7135 (717) 243-7872 (facsimile) Attorney for Plaintiff 3 VERIFICATION I, Gisselle Edwazds, verify that the statements made in this Petition aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: `1 /a Gisselle Edwazds ~. ~'^ r/~ ~ lJ+~ W "~•t Q Q ~'S ~- ~s ~a ~ ..,,°,, t~' "~ t~ ~' ~ ~~: ~ : ~ ~~ t~J =..'. ~~y <,c` A _m} ~_ ~ rt7 v ~