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Home My WebLink About04-6029GOLDBERG KATZMAN, P.C. Heather L. Paterno - I.D. #87506 Attorneys for Plaintiffs 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 FRANK T. NOLAN and BERNADETTE L. NOLAN Plaintiffs, Vo KENNETH R. LINDSAY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION - LAW :CUSTODY/VISITATION NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 GOLDBERG KATZMAN, P.C. Heather L. Paterno - I.D. #87506 Attorneys for Plaintiffs 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 FRANK T. NOLAN and BERNADETTE L. NOLAN Plaintiffs, KENNETH R. LINDSAY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION COMPLAINT FOR CUSTODY I. Plaintiffs are FRANK T. NOLAN and BERNADETTE L. NOLAN, who currently reside at 21 OB Marshall Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is KENNETH R. LINDSAY, who has a last known address of 8349 Catherine Avenue, Pasadena, Maryland. 3. Plaintiffs seek primary legal custody and primary physical custody of: Name: Kennard Ray Lindsay, born October 17, 1987 Present Residence: 210B Marshall Road, Carlisle, Cumberland County, Pennsylvania The child was bom out of wedlock. 4. The child presently resides with Frank and Bernadette Nolan, Plaintiffs herein, and their children Kesha Hayes, Kianna Pearson, Daija Nolan, Amari Nolan and the child's paternal grandfather, Frank Nolan at 20 lB Marshall Road, Carlisle, Cumberland County, Pennsylvania. For the past five years, the child has lived with the following persons and at the following addresses: 7/04 - present 201B Marshall Road Carlisle, Pennsylvania with Plaintiffs, grandfather Frank Nolan, and cousins Kesha Hayes, Kianna Pearson, Daija Nolan and Amari Nolan 1999 - 7/04 8349 Catherine Avenue Pasadena, Maryland with aunt Karen Lindsay, brother Davon Lindsay, and occasionally father Kenneth Lindsay and uncle Raymond Lindsay The mother of the child is Dorothea E. Nolan-Lindsay, sister of Plaintiff Frank Nolan, who is believed to reside in Baltimore. Mother Dorothea Nolan-Lindsay deserted the child approximately six years ago and has no contact with the child for the past five years. Plaintiffs have been unable to reach the mother after numerous attempts, however it is believed that she is aware that the child presently resides with Plaintiffs. The father of the child is Kenneth R. Lindsay, Defendant herein, whose last known address is 8349 Catherine Avenue, Pasadena, Maryland. He has sporadic contact with the child and has been in and out of jail for the past several years. 5. The relationship of Plaintiffs to the child is that of uncle and aunt. Plaintiffs currently reside with the child, the child's grandfather Frank Nolan, and the child's cousins at 21 OB Marshall Road, Carlisle, Cumberland County, Pennsylvania. Plaintiff Frank Nolan is a Sergeant First Class with the United States Army and is currently stationed at Fort Indiantown Gap. 6. The relationship of Defendant Kenneth R. Lindsay to the child is that of father. Defendant's present address and employment is unknown, but he has sporadically lived with his sister at 8349 Catherine Avenue, Pasadena, Maryland. 7. The Defendant father signed a notarized affidavit of Guardianship appointing custody and guardianship of the child to Plaintiffs on August 8, 2004. An original copy of this affidavit is attached hereto as Exhibit "A". 8. Through this Custody action, Plaintiffs seek to provide the child with a permanent residence, proper educational needs, proper medical care, and emotional stability. Since August 2004, Plaintiffs have acted as legal guardians to the child, enrolling him in the Carlisle school district, and have assumed all responsibilities in relation to the child. 9. The best interests and permanent welfare of the child will be served by granting the relief requested. Specifically, Plaintiffs will be able to adequately insure the child under Frank Nolan's military health insurance. 10. Plaintiffs have not participated as a party, witness or in another capacity or in other litigation concerning custody of the child in this or another court. 11. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child are aware of this action. 12. The parties have agreed that Plaintiffs shall have primary legal and physical custody of the child, Kennard Ray Lindsay. 13. This Complaint is accompanied by the Plaintiffs' Stipulation for Entry of Custody Order which they respectfully request that this Honorable Court approve, thereby implementing the agreemem. Plaintiffs have been unable to locate the natural father since his relinquishment of the child to Plaintiffs in August 2004. WHEREFORE, Plaintiffs respectfully request that the court grant them primary legal and physical custody of the child, Kennard Ray Lindsay. Date: Re sp/~ submitted, eather L. ~.~fferno, Esquire I.D. # 87506 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiffs VERIFICATION I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of our knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: :i [~ ,2004 NK T. NOLAN BERNADETTE NOLAN Legal Guardianship of Kennard Ray Lindsay Mr. Kenneth R Lindsay, father of below named child, will give us, Frank T. Nolan and Bernadette L. Nolan, legal guardianship of the below named child affecfive the date signed below. We, Frank T. Nolan, and Bernadette L. Nolan, being duly sworn according by law depose and say that we will become full legal guardians to: Name~ Current Address: DOB: SSN: Kennard Ray Lindsay 8349 Catherine Ave Pasadena, MD 21122 October 17, 1987 219-17-6902 He will reside with us at 210B Marshall Road, Carlisle, PA 17013. We will be supporting the above named child, and will take responsibility for all expenses incurred including medical, dental and any other expenses while under our care. We will, however, will not be liable for expenses incurred before this date. We will also intend to keep and support the above named child during the school years continuously and not merely through the school terms. This includes all the rest of his high school time and schooling thereafter. We are also taking responsibility for all school expenses and school issues including schedule changes, withdrawals, and other school issues that will be pertinent to the above named child. This letter is signed the"'~'6''r~ day of /~u.~ 2004. Signed: ~~ ~ Kenneth R. L~dsay Nol~ Fa~ G~ Bernadette L. Nolan Guardian Sworn and Subscribed to me, this ~ day of August 2004. N°tary Signature: ~~7/~/~ ~~ Seal: GOLDBERG KATZMAN, P.C. Heather L. Paterno - I.D. #87506 Attorneys for Plaintiffs 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 FRANK T. NOLAN and BERNADETTE L. NOLAN Plaintiffs, Vo KENNETH R. LINDSAY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW · NO. &o. q : CUSTODY/VISITATION STIPULATION FOR ENTRY OF CUSTODY ORDER AND NOW, this / ~ day of "i0~/, i:,'! i?: r' 2004, the parties agree and stipulate to the following custody order: 1. Plaintiffs, FRANK T. NOLAN and BERNADETTE L. NOLAN, shall have primary physical custody of the child, KENNARD RAY LINDSAY. 2. Plaintiffs shall have primary legal custody of the child. lly I)Ieather L. P~erno, Esquire /Goldberg Katzman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiffs Father, KENNETH R. LINDSAY, shall have temporary custody of the child from agree. BERNADETTE NOLAN, Plaintiff