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HomeMy WebLinkAbout04-3078PATRICK SULLIVAN, Plaintiff JAMIE SULLIVAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :DOCKETNO. cS>r-{- ,Jo'/~ : : CWIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Patrick Sullivan, an adult individual currently residing at 159 Ashford Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Jamie Sullivan, an adult individual currently residing at 230 Sam Snead Circle, Etters, York County, Pennsylvania 17319. 3. Plaintiff seeks sole legal custody and primary physical custody of the following child: Name Madison Sullivan Present Residence Date of Birth 159 Ashford Drive 08/29/02 Enola, PA 17025 4. The child was bom of the marriage. 5. The child is presently in the custody of Patrick Sullivan, Plaintiff herein, who resides at 159 Ashford Drive, Enola, Cumberland County, Pennsylvania 17025. 6. During the past five (5) years, the child has resided with the following persons and at the following addresses: Nallle Patrick Sullivan Jamie Sullivan Address 159 Ashford Drive Enola, PA 17025 Dates August 29, 2002 - June 12, 2004 Patrick Sullivan 159 Ashford Drive June 12, 2004 - Gail Sullivan Enola, PA 17025 Present 7. The mother of the child is Jamie Sullivan, currently residing at 230 Sam Snead Circle, Etters, York County, Pennsylvania 17319. She is married to, but separated from, Patrick Sullivan. 8. The father of the child is Patrick Sullivan, currently residing at 159 Ashford Drive, Enola, Cumberland County, Pennsylvania 17025. He is married to, but separated from, Jamie Sullivan. 9. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Madison Sullivan Gayle Sullivan Relationship Daughter Mother 10. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship Stephanie Kinsey Mother David Kinsey Step-father 11. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 2 13. 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. 14. The best interest and permanent welfare of the child will be served by granting the relief requested. 15. Each parent whose parental fights 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, Patrick Sullivan, respectfully requests the Court to enter an order granting him sole legal and primary physical custody of the Minor Child, Madison Sullivan, as set forth more fully in the attached stipulation. Respectfully submitted, Dated: July 2, 2004 Heather M. Faust Attorney ID #77947 Killlan & Gephart 218 Pine Street Harrisburg, PA 17101 (717) 232-1851 Attorneys for Plaintiff 3 VERIFICATION I hereby verify that the statements of fact made in the foregoing document are tree and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. July 1, 2004 Patrick Sullivan JUL ~ ~ ZOO4 ;: PATRICK SULLIVAN, Plaintiff Mo JAMIE SULLIVAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. O ~{- o 7 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this _~ day of ~'~ ~3 I ~ ,2004, the parties having reached an agreement with regards to the best interest of their minor child, Madison Sullivan, bom August 29, 2002, the attached custody stipulation is hereby entered by the court as a final order. By the Court: PATRICK SULLIVAN, Plaintiff Vo JAMIE SULLIVAN, Defendant CUSTODY STIPULATION AND NOW, this ~ day of ~ ~ l '~ hereby stipulate and agree as follows: JUL 0 ~ 2004 ~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. OOt.. --~o"/~ : : CIVIL ACTION - LAW : IN CUSTODY ,2004, the undersigned do 1. Father shall have sole legal custody of the Minor Child, Madison Sullivan, bom August 29, 2002. 2. Father shall have primary physical custody of the Minor Child, Madison Sullivan, bom August 29, 2002. 3. Mother shall have visitation of the Minor Child in accordance with the following schedule: a. b. One evening per week from 4:30 p.m. to 8:30 p.m.. One afternoon on alternating weekends from 12:00 p.m. to 8:00 p.m.. Mother shall provide Father with at least twenty-four (24) hours notice of the weeknight or alternating weekend afternoon during which she will be exercising her right to visitation with the Minor Child. 4. Mother shall not, under any circumstances, remove the Minor Child, Madison Sullivan, bom August 29, 2002, from the state of Pennsylvania, without either written consent from Father or an Order of Court permitting her to do so. 5. During any period of custody or visitation, the parties to this order shall not 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. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 6. Each parent shall be entitled to reasonable telephone contact with the Minor Child when in the custody of the other parent. 7. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as mom, dad, your grandmother, etc.. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 8. The schedule of visitation set forth in paragraph three (3), supra, shall remain in effect until such time as Mother is able to provide written proof from a qualified mental health professional that she is capable of providing an environment which is conducive to the health, safety and welfare of the Minor Child. Upon written recommendation of a mental health professional, Mother may then petition the Court for an expanded schedule of visitation and/or partial custody with the Minor Child. Date Date Patrick Sullivan