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HomeMy WebLinkAbout10-0170NICOLE LEE KLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 10- CIVIL TERM JASON LEE DONN, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Nicole Klinger, hereinafter referred to as Mother. Mother resides at 316R Eutaw Ave, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Jason Donn, hereinafter referred to as Father. It is believed that Father is residing in the Chambers Hill area in Harrisburg, Dauphin County, Pennsylvania at an unknown address. The only known address for Defendant is at his place of employment, Feesers, Inc., 5561 Grayson Road, P.O. Box 405, Harrisburg, Dauphin County, Pennsylvania 17111. 3. Mother seeks shared physical custody of the minor child: Name Present Residence Marcus Donn Chambers Hill Harrisburg, PA Marcus was born out of wedlock. Marcus is presently in the custody of Father. Age 5/26/07 DOB, 2 years old During his lifetime, Marcus has resided with the following persons and at the following addresses: Name Address Date Nicole Klinger 200 Denison Drive birth - 2/09 Jason Donn Dauphin, PA Curtis Trutt Kaitlyn Snyder (alternating weeks) Jason Donn 200 Denison Drive 2/09 - 5/09 Dauphin, PA Jason Donn Chambers Hill 5/09 - 11/09 Harrisburg, PA Nicole Klinger 405 High Street Curtis Trutt Dauphin, PA Kaitlyn Snyder (alternating weeks) Nicole Klinger 316R Eutaw Ave Curtis Trutt New Cumberland, PA Kaitlyn Snyder (alternating weeks) Greg Harrison Jason Donn Chambers Hill Harrisburg, PA 2/09 - 8/09 8/09 -11/09 11/09 - present 5. Mother lives with the following persons: Name Greg Harrison Curtis Trutt Relationship Boyfriend Son from prior relationship 6. It is believed that Father lives with the following persons: Name Relationship Marcus Donn Son with, Nicole Klinger 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Marcus in this or another court. 8. Mother has no information of a custody proceeding concerning Marcus pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Marcus or claims to have custody or visitation rights with respect to Marcus. 10. Marcus' best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since Marcus was born, Mother has shared equally in the responsibility for his emotional, physical, educational, financial and medical needs. b. Mother is fully capable of caring for Marcus on a shared basis. c. Mother is willing to communicate with and work cooperatively with Father to co- parent Marcus and will encourage their father/son relationship. d. Mother and Father had worked together to create a shared custody schedule that allowed each parents to have Marcus on a week-on/week-off schedule and even went so far as to have that agreement notarized. 11. Defendant is not acting in Marcus' best interests for reasons including, but not limited to, the following: a. Father has unilaterally decided to stop Mother's ability to spend time with Marcus despite the fact that until November 2009, the parties had been following a week-on/week-off custody schedule. (See Attached Ex.A). b. Father has unilaterally decided that no one in Mother's family is acceptable to be around Marcus despite having no specific information or evidence to suggest that a relationship with Mother's family would not be in Marcus' best interests. c. It is believed that Father is using Marcus as retribution for Mother dating Father's work colleague. d. Father's decision to withhold Marcus from Mother demonstrates a total disregard for Marcus' best interests. 12. Every person with rights to custody or having actual physical custody of Marcus hn s been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: 1. That the parties shall share legal custody of Marcus. 2. That the parties shall have shared physical custody of Marcus. 3. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Marcus. 4. Any other relief this Court finds just and equitable. Respectfully submitted, 7 J ssica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 March 27`h, 2009 To Whom It May Concern, Jason L. Donn (Father) and Nicole L. Klinger (Mother) have mutually agreed to joint custody of their son, Marcus Riley Donn. This agreement will provide each parent physical custody of Marcus every other week, starting April 3`d, 2009. The week will start and end on a Friday unless a new agreement is agreed upon by both parents. Marcus Riley Donn may not be taken out of state without written permission from the other parent. Jason L. Date Nicole L. Klinger Date 3 ? Witness NV\o- c-c-k 2 00 q NNAM& SEAT. SHEILA A NtOl" N"I PAN UpYINII RO N TW CAL" M COWVY ofCWMN" EONS SM23,ma 6, 6-6, l A VERIFICATION The above-named PLAINTIFF, Nicole Klinger, 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: Nicole Lee Klinger NICOLE LEE KLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 10- CIVIL TERM JASON LEE DONN, Defendant : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Jason Lee Donn, with a Complaint in Custody on ?ar!j S , 2010 by certified mail, return receipt, restricted delivery, to the person and address below: Jason Lee Donn c/o Feesers Inc. 5561 Grayson Road P.O. Box 405 Harrisburg, PA 17111 I, Jessica Hoist, 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 unsworn falsification to authorities. Date: ) IS ho Signature: IFp 0 NICOLE LEE KLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 10- )70 CIVIL TERM JASON LEE DONN, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Nicole Lee Klinger, Plaintiff, to proceed in forma ap uperis. I, Jessica Holst, 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. J ica olst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 NICOLE LEE KLINGER IN THE COURT OF COMMON PLEAS OF 111-AINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-170 CIVIL ACTION LAW JASON LEE DONN IN CUSTODY DIFF.NDANT ORDER OF COURT AND NOW, Thursday, January 07, 2010 , 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 Monday, February 08, 2010 at 10:30 AM for a Pre-Flearine 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. SundayEs_ 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 FORTE{ 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 Lt 2010 JAS' 2J" Aid 0: 5s` F C Y...,? NICOLE LEE KLINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-170 CIVIL TERM JASON LEE DONN, :CUSTODY Defendant STIPULATION FOR ENTRY OF AN AGREED ORDER OF CUSTODY AND NOW, this day of January 2010, the plaintiff (hereinafter "Mother") and the defendant (hereinafter "Father"), having reached an agreement regarding custody and the best interest and welfare of their minor children, they hereby stipulate and agree as follows: 1. Legal Custody: Mother and Father shall share joint legal custody of Marcus Donn, born May 26, 2007, age 2'/2 years old. Mother and Father agree that major decisions concerning Marcus, including, but not necessarily limited to, Marcus' health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in Marcus' best interest. Mother and Father agree not to impair the other party's rights to shared legal custody of Marcus. Mother and Father agree not to attempt to alienate the affections of Marcus from the other party. Each party shall notify the other of any activity or circumstance concerning Marcus 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 Marcus 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 authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding Marcus back in school, authorizing enrollment in college, authorizing Marcus' driver's license or purchase of an automobile, authorizing employment, authorizing Marcus' marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. Mother and Father shall share physical custody of Marcus following a week- on/week-off schedule. Custody exchanges shall be on Sundays at 4:00 p.m. with transportation being provided by the receiving party. 3. Mother and Father intend to parent Marcus with friendly cooperation and in a spirit of compromise and flexibility. Any conflicts will be governed by the Agreement, should any occur. 4. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well- being of Marcus, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from Marcus' schools, physicians, psychologists, or other individuals concerning his progress and welfare. 5. Holidays: a. Thanksgiving: Mother and Father shall share custody of Marcus on the Thanksgiving Holiday. Mother shall always have Marcus from 8:00 a.m. until 2:00 p.m. and Father shall always have Marcus from 2:00 p.m. until 8:00 p.m. b. Christmas: Mother and Father shall share custody of Marcus using a Block A/Block B schedule. Mother shall have Block A, Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, in even numbered years and Block B, Christmas Day at 12:00 noon until December 26`h at 12:00 noon, in odd numbered years. Father shall have Block A, Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, in odd-numbered years and Block B, Christmas Day at 12:00 noon until December 26`h at 12:00 noon, in even-numbered years. c. Easter: Mother and Father shall share custody of Marcus on the Easter Holiday. Father shall always have Marcus from 8:00 a.m. until 2:00 p.m. and Mother shall always have Marcus from 2:00 p.m. until 8:00 p.m. d. Mother will have physical custody of Marcus on Mother's Day and Father will have physical custody of Marcus on Father's Day. On either day, the parent shall have Marcus from 9:00 a.m. until 4:00 p.m. e. Child's Birthday: Mother and Father shall ensure that the non- custodial parent shall have at least two (2) hours with Marcus on his birthday. f. The holiday schedule outlined above will take precedence over the regular custody schedule. All other holidays not outlined above are subject to the regular custody schedule or other agreement of the parties. 6. Vacations: With thirty (30) days notice, each parent shall be allowed to choose a two non-consecutive weeks for a summer vacation time period with Marcus. 7. Mother and Father shall organize ways for Marcus to maintain his friendships, extracurricular activities, and other special interests, regardless of which household he may be in. It is also suggested that toys, clothes, etc., not become matters of contention. Major gifts should be discussed and coordinated between Mother and Father. 8. Mother and Father shall permit and support Marcus' access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc., shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time and date variations to the other parent when special recreational options or other unexpected opportunities arise. Mother and Father must confer with the other parent before arranging regularly occurring extracurricular activities for Marcus which might interfere with regular visitation. Mother and Father will have the right to first refusal when the other parent needs child care for more than two (2) hours. This includes times when the custodial parent is working and the non-custodial parent is available. If the non-custodial parent is available to care for Marcus while the custodial parent is working, Marcus will be returned at the end of the parent's work shift. Alternatively, Mother and Father shall use care in screening babysitting/childcare providers. The telephone numbers of these providers will be provided to both parents. Mother and Father should provide one another with a phone number and address where Marcus may be contacted at all times whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. Should Mother or Father have Marcus overnight at a place other than their primary residence, the other parent will be given the address and phone number. 9. During any period of custody or visitation, neither Mother nor Father shall possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. Mother and Father shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 10. Telephone contact: Mother and Father shall be entitled to reasonable telephone contact with Marcus, which shall not be excessive. 11. Neither Mother nor Father shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would result in a change of school for Marcus or exceed twenty-five (25) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 12. Mother and Father shall not remove Marcus from the Commonwealth of Pennsylvania for a period of more than 24 hours without specific written notice to the other parent. The parent having custody of Marcus shall provide the other parent with information including: form of travel and copies of any tickets with train, bus or air travel information, the address where Marcus will be staying, a telephone number to contact both the parent and Marcus, and who will be accompanying Marcus during the travel period. 13. No Conflict Zone: Mother and Father should agree to refrain from encouraging Marcus to provide reports about the other parent. Communication should always take place directly between Mother and Father, without using Marcus as an intermediary. Mother and Father should encourage Marcus to send the appropriate holiday cards to the other parent. 14. Mother and Father shall be entitled to custodial time outside the parameters of this Agreement so long as they agree to such changes or additions to the regular custody schedule. Mother and Father also recognize that by agreement, they may make any changes, alterations or additions to any portion of this Agreement. In the case of a disagreement regarding such changes, Mother and Father shall follow the custody schedule as outlined in this Agreement. WHEREFORE, the parties request that this Honorable Court confirm this Stipulation in an Order Confirming Custody. Respectfully submitted: NICOLE LEE KLIN ER JASO LEE DONN C. D. Holst, Esquire MjdPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 Attorney for Plaintiff JAN 2-6 20105 NICOLE LEE KLINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-170 CIVIL TERM JASON LEE DONN, : CUSTODY Defendant ORDER J'Z' AND NOW, this day of January, 2010, on consideration of the attached Stipulation for Entry of an Agreed Order of Custody, it is hereby ORDERED and DECREED that the terms and conditions of the aforementioned stipulation are hereby entered as an Order of Court. KJc&u-> Upk ?FJLt?1L£S lip 11?-'s n-LIkELL ?!td BY THE COURT: J. N T"i FEB 012010 ?7 NICOLE LEE KLINGER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2010-170 CIVIL ACTION LAW JASON LEE DONN r Defendant IN CUSTODY co c. ? C: ORDER AND NOW, this 26th day of January, 2010 , the conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for February 8, 2010 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator