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HomeMy WebLinkAbout01-1731RUSSELL S. FICKES, Plaintiff SUSAN DUNCAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o/- / CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Russell S. Fickes, residing at 38 Columbia Road, Enola, Pennsylvania, 17025. 2. The Defendant is Susan Duncan, residing at 115 Bridge Street, New Cumberland, Pennsylvania 17070. 3. Plaintiff seeks custody of the following child: Kamryn N. Fickes 38 Cumberland Rd., Enola, PA 17025 AGE: 23 months The child was born out of wedlock. The child is presently in the custody of Plaintiff, Russell S. Fickes, who resides at 38 Cumberland Road, Enola, PA 17025. During the past five (5) years, the child has resided with the following persons and at the following addresses: Russell S. Fickes and Susan Duncan, 805 Market St., New Cumberland, PA from 4-17-99 until 2-00. Russell S. Fickes and Susan Duncan, 834 Pinetown Road, Lewisberry, PA from 2-00 until 12-4-00. Russell S. Plaintiff) and Skylor, at 38 Cumberland Road, present. Fickes and Christine Fickes (sister of christine's nine year old son, Enola, PA, from 12-4-00 to Fickes, ourrently The mother of the child is Susan Duncan, currently residing at 115 Bridge Street, New Cumberland, PA 17070. She is single. The father of the child is Russell S. residing at 38 Cumberland Road, Enola, PA 17025. He is single. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Kamryn N. Fickes, and Christine Fickes (sister of Plaintiff) and Skylor, Christine's nine year old son, at 38 Cumberland Road, Enola, PA 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Unknown 6. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because= Susan Duncan, Defendant and mother of the child, has abandoned the child and is not capable of taking care of the child. 8. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child to him, with such rights of partial custody for purposes of visitation to Defendant as the parties may mutually agree. Date: Respeotfully submitted, FRIEDMAN & KInG,_ P.C. Richard ~ ~iedman, Esquire 600 N. Secon~ Street Penthouse suite P.O. Box 984 Harrisburg PA 17108 (717) 236-8000 Attorney for Plaintiff VERIFICATION I, Russell S. Fickes, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Russell S. Fickes Dated: RSF.mf.domk\fickes.cus RUSSELL S. FICKES PLAINTIFF V. SUSAN DUNCAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1731 CIVIL ACTION LAW 1NCUSTODY ORDER OF COURT AND NOW, Friday, March 30, 2001 , 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 Thursday, April 26, 2001 at 9:00 a.m. 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 thc issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 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. Sunday, Esq.[J// 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 AT!rORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RUSSELL S. FICKES, Plaintiff v. SUSAN DUNCAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1731 CIVIL ACTION - LAW IN CUSTODY STIPULATION OF CUSTODY WHEREAS, the Plaintiff, Russell S. Fickes, filed a Complaint in Custody for the minor child, Kamryn N. Fickes, date of birth 4/17/99, in the Court of Common Pleas of Cumberland County, docketed to No. 01-1731; and WHEREAS, Russell S. Fickes and Susan Duncan desire to resolve all custody issues; and WHEREAS, Russell S. Fickes is represented by counsel, Friedman & King, P.C., by Richard S. Friedman, Esquire; and WHEREAS, Susan Duncan has been verbally advised by Richard S. Friedman, Esquire that she has the right to be represented by counsel in this proceeding; and WHEREAS, Susan Duncan, by executing the Stipulation is waiving her right to be represented by counsel. AND NOW, effective as of the ~-~/~ day of April, 2001, Russell S. Fickes and Susan Duncan, intending to be legally bound, do stipulate and agree as follows: 1. The parties, Russell S. Fickes and Susan Duncan, are the natural parents of Kamryn N. Fickes, date of birth 4/17/99. RUSSELL S. FICKES, Plaintiff v. SUSAN DUNCAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-1731 : : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this ~ day of f~, 2001, upon petition of Russell S. Fickes and, further upon Stipulation of the parties, it is hereby ORDERED that the Stipulation of Custody between the parties executed on the (~ day of April, 2001, is incorporated into this Order and the terms therein shall have the full force and effect of law as if set forth herein.