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HomeMy WebLinkAbout05-1442 ]1 MAmEW A. KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, P A ; NO" ~-{{NL VS" ERIN SHISTLE, : CIVIL ACTION - LAW : IN CUSTODY Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 MAYBE 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 (717) 249-3166 I) MATHEW A" KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA VS. : NO" ERIN SHISTLE, : CIVIL ACTION - LAW : IN CUSTODY Defendant NOTICIA II Ii USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y eI aviso. Usted debe presentar comparecencia esrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones a las demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificaci6n por cualquier dinero reclarnado en la demanda 0 por cualquier otra queja 0 compensaci6n reclarnadas por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABODAGO, VA Y A 0 LLAME A LA OFICINA EN LA DIRECCION ESCRIT A ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 II MATHEW A" KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO" OJ/. i'NL VS. ERIN SHISTLE, : CIVIL ACTION - LAW : IN CUSTODY Defendant I II II II COMPLAINT FOR CUSTODY AND NOW, TO WIT, this //,ft4 of /.:;:/~ ,2005 comes the Plaintiff, Mathew A. Kennedy, by and through his attorney, Jane M. Alexander, Esquire, and files this Complaint of which the following is a statement: l. Plaintiff is Mathew A. Kennedy, an adult individuals residing at 253 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Erin Shistle, an adult individuals residing at 335 Pisgahestate Road, Sherrnansdale, Perry County, Pennsylvania 17090. 3. The parties have never married but lived together from May 2001 to March 2002. 4. Plaintiff and Defendant are the natural parents of a child born out of wedlock: Carter A. Klein, born February 24, 2001. 5. Plaintiff seeks joint legal custody and primary physical custody of the child with the Defendant having custody for the purpose of visitation on a regularly scheduled basis. 6. The child is presently in the joint physical custody of Plaintiff, Mathew A. Kennedy, who resides at 253 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013 and Defendant, Erin Shistle, who resides at 335 Pisgahestate Road, Sherrnansdale, Perry County, Pennsylvania 17090. 7. There is no prior custody order: 8. Since birth the child has resided with Plaintiff and Defendant in Boiling Springs, Pennsylvania until March 2002 when Defendant moved out to live at Wilson Street in Carlisle. In May 2002 she moved to her current address at 335 Pisgahestate Road, Sherrnansdale, Pennsylvania 17090 to live with Jason Shistle whom she married in 2004. Defendant's older child Bryant Roads has always lived with her and in July 2004 she had another child, Hayley. ~ 11 II I [I I' ii 'i Defendant continued to live in Boiling Springs until November 2004 when he moved to his current address 253 E. Louther Street, Carlisle, PA 17013. In this period oftime from March 2002 to date the parties have had a shared custody arrangement. 9. The relationship of the Plaintiff to the child is that of natural father. 10. The relationship of Defendant to the child is that of natural mother II. The Plaintiff has not participated as parties or witnesses, or in any other capacity, in other litigation concerning the custody of the child in this or another court. 12. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court within the Commonwealth. 13. The 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 Plaintiff allege that he is better able to care for and provide for the child and he is concerned about the care and supervisor of the child while in the care of the mother who has a younger child born to her husband and an older child, Bryant, born to another man. 15. The best interest and permanent welfare of the child will be best served by granting the Plaintiff joint legal and primary physical custody of the child with scheduled visitation of the child by Defendant WHEREFORE, Plaintiff requests your Honorable Court to grant him joint legal custody and primary physical custody of the subject child with scheduled visitation for Defendant. Respectfully submitted, ! l , ! 'I ,;.;./ j '0. II Veritication I verify that the statements made in this Petition for Custody are true and correct. understand that false statements herein are made subject to thc penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: JI/u--/ - !:?/ .:bt?~ /1 xCU~- Mathew A. Kennedy COMMONWEALTH OF PENNSYLVANIA : S.S. COUNTY or CUMBERLAND Before me, the undersigned otlicer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Mathcw A. Kennedy, who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief -'2 Y q, ~- Mathew A. Kennedy Sworn to and subscribed before me this / 7 ~ day of {.4-,4-r<-bf-l .2005. )/L<- </C:~~~ ~ / Notary Public / COMMONWEALTH OF PENNSYLVANIA Notarial Seal HalYard E. Alexander, Notary Public DlIJsburg Boro, York CClIII1ty My Commission Expires Apr. 23, 2005 Member, Pennsylvania Associa.tlon of Notaries ,~ ~ " ~ --t ~~ ~ ~ '- --..... "'-- ('\ (') 'n ,-".~ :-,~ ~ , ." ...'~' -- __.1 ~~". , r:') c.") Ul . MATHEW A. KENNEDY PLAINTIFF IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVA IA V. 05-1442 CIVIL ACTION LAW ERIN SHISTLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, March 23, 2005 , upon consideration of the attache Complaint. it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, April 27, 2005 , the conciliator. at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the iss es in dispute; or if this cannot be accomplished, to deline and narrow the issues to be heard by the court, and to enter into a temporary order. All children age live or older may also be present at the conference. Failure to appear at the onference 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 Ab se orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin FOR THE COURT. By: /s/ Dawn S. Sunday. Esq. Custody Conciliator .\.1. The Court of Common Pleas of Cumberland County is required by law to comply witl thc Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accoml odations 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 atte d the scheduled conference or hearing. I YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU 0 NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI E SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania] 7013 Telephone (717) 249-3] 66 ~,50.$v ..;2 ~ ~5'OAr,!, ,~ ;2 ~ ~K .5i?;j('>.F- &-~ PP- ~~?'P'P ->o'!'?cp tt7,( \.Pl~1 sGal ~o '!1 IJelI', (. . ~ " '.. "-', {""'l"" Odd 31-11 :10 ,\(1 V ~'L;'iJ ~::-J131l.:l :::;.)'.::1V'U , RECEIVED MAY 0 2 200S7 'Y MATHEW A. KENNEDY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1442 CIVIL ACTION LAW E~IN SHISTLE Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2-" J_ day of lAd, .:l , 2005, upon co sideration ofthe attached Custody Conciliation Report, it is ~ and dIrected as follows: 1. The Father, Mathew A. Kennedy, and the Mother, Erin Shistle, shall have shared legal cu tody of Carter A. Klein, born February 24,2001. Each parent shall have an equal right, to be ex rcised jointly with the other parent, to make all major non-emergency decisions affecting the C ild's general well-being including, but not limited to, all decisions regarding his health, education an religion. Pursuant to the terms ofthis paragraph each parent shall be entitled to all records and in ormation pertaining to the Child including, but not limited to, school and medical records and in ormation. Each party shall be entitled to obtain complete and full information from any doctor, de tist, teacher, daycare provider, professional or authority and to have copies of any reports or other in rmation given to either party as a parent. 2. The parties shall have physical custody of the Child in accordance with the following sc edule: A. In Week I, the Father shall have custody of the Child from Tuesday at 12:00 noon through Saturday at II :00 a.m. and the Mother shall have custody from Saturday at II :00 a.m. through Tuesday at 12:00 noon. B. During Week II, the Father shall have custody of the Child from Tuesday at ] 2:00 noon through Friday after daycare and the Mother shall have custody from Friday after daycare through Tuesday at 12:00 noon. C. The schedule shall begin with the Father having custody of the Child through Saturday, April 30, 2005 at 11 :00 a.m., when the Mother shall receive custody of the Child. 3. The parties shall share or alternate having custody ofthe Child on holidays as arranged by agr ement. 4. The parties shall cooperate with each other in establishing reasonable periods of vacation tim for each party with the Child each year. "... n ?; (1' <:) ....;1.. ,.- - ':5 ~'- UJr;,,; - :) *~ (.1"';'-' ...... ~_;'t i;:;: ~,~"' ;d Z:~- -:~1 cr> r ('" I .. u - ., ?ll_J ~ c- d<: .~-,\\t ,!- F" :r.::: ,.0 '5 t-\... = 0 = 0 c.... - ---- 5. Both parties shall refrain from smoking in the presence of the Child and shaH ensure, to the extent possible, that third parties also refrain from smoking in the presence ofthe Child during that party's period of custody. 6. Neither party shaH do or say anything which may estrange the Child from the other parent, inJiure the opinion ofthe Child as to the other parent, or hamper the free and natural development of the C~ild's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation c nference. The parties may modify the provisions of this Order by mutual consent. In the absence of m tual consent, the terms of this Order shall control. BY THE COURT, cc ~e M. Alexander, Esquire - Counsel for Father vkrry A. Philpott, Esquire - Counsel for Mother . MATHEW A. KENNEDY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1442 CIVIL ACTION LAW ERIN SHISTLE Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL P OCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as fol ows: ME DATE OF BIRTH CURRENTLY IN CUSTODY OF C rter A. Klein February 24,2001 Father/Mother 2. A conciliation conference was held on April 27, 2005, with the following individuals in att ndance: The Father, Mathew A. Kennedy, with his counsel, Jane M. Alexander, Esquire, and the M ther, Erin Shistle, with her counsel, Jerry A. Philpott, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Dat GL..~YO'7 Dawn S. Sunday, Esquire Custody Conciliator I' MATHEW A" KENNEDY, Plaintiff VS" ERIN SHISTLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO" 05-1442 CIVIL CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE I AND NOW, this (}jl# day of < --' ,2005 personally appeared Jane M. Alexander, Esquire who swe s according to law, that a true and correct copy of a COMPLAINT FOR CUSTODY was caused to be served by certified mail with return receipt requested upon the said, I .1 11 I Ms. Erin Shistle 335 Pisgahestate Road Shermansdale, P A 17090 on March 25, 2005 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. / , Sworn and subscribed before me this .2 9 T"! day of tM~ ,2005. J~~!& Notary Public COMMOl'lWEALTH OF PENNS Notarial Seal HalYard E. Alexander, No!IIY Public DUlsburg Boro, York CoiIll\y My Commission Expire. Apr. 23, 2005 Member, Pennsylv"'.fli,( Association of Notarles MATHEW A. KENNEDY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff VS" NO" 05-1442 CIVIL ERIN SHISTLE, CIVIL ACTION - LAW IN CUSTODY Defendant I II " " )1 I' II !I ~ ..D 0 f'- M L11 fT1 ..D $ Postage fT1 0 Certified Fee 0 0 Return Reclept Fee (Endorsement Required) 0 Restricted Delivery Fee L11 (Endorsement Required) f'- 0 Total Postage & Fees $ ~ 0 0 f'- II ~.i. 75 ,(!j I ,.- E.50 \ ~ $8.15 0 ii Ii Ii ]1 II II SENDER: COMPLETE THIS SECTION C. Signature 1. Article Addressed to: o Agent ~ ddressee s delivery address different from item 1? Yes If YES, enter delivery address below: 0 No 1\ s-t;l1Y\ Sh\ sfH ,'') s~ \ ') j 1\ h e ~ -ttlJe I\a fv\L~\~SMv\ Pl\ IlDq D 3. Service Type .6 Certified Mail o Registered D Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) ~s 2. 7004 0750 0003 6351 7064 PS Form 3811, July 1999 Domestic Return Receipt lQ259S.0Q-M-0952 ,-> (:.~~ :.) ~::Jl ~~'.~ I'"~ c' ,~ II II II II II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I Ii MATHEW A.KENNEDY, II II II II 'I II : NO. 05-1442 Plaintiff VS. : CIVIL ACTION - LAW ERIN SHISTLE, Defendant : IN CUSTODY I! " I' ,I Ii II II Ii I' II il Stipulated by and between Mathew A Kennedy, of253 East Louther Street, Carlisle, I, II I I I AGREEMENT AND STIPULATION TO AMEND CUSTODY ORDER AND NOW, this (Ii'f/> dayof jJjJUJlnbiJil . , 2005, it is agreed and Cumberland County, PA 17013 (hereinafter referred to as "Father") and Erin Shistle, of2L06 "Mother"), that the Order of Court of May 2,2005, signed by Judge 1. Wesley Oler, Jr., copy marked Exhibit "A" attached hereto and made a part hereof; be amended as follows: Father shall have primary physical custody of the child with Mother having physical custody for purpose of visitation every Monday from ]2:00 PM. to Tuesday at 4:00 P.M. All other terms of the Order of May 2,2005 shall remain as stated. The parties further stipulate and agree that this Stipulation to Amend Custody Order shall be presented to the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania with the understanding and request that the Court approve this Stipulation and , I I enter the same as an Order of Court. \' II " TN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals I' 'I i: 'I I ,I II II II II II the day and year first above written intending to be legally bound thereby and requesting that I I I it be confirmed as an order of court. ...~~~ ~ thew A. Kenn~dY, Plain' . I ;1 II ~ Ii . COMMONWEALTH OF PENNSYLVANIA Ii II II I] COUNTY OF YORK On this ,J//l ...#-~~~-\t-.........- -"""""'"Erin Shistle, Defendant : SS day of .~d'<< , 2005, before me, me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same ~r the purpose therein contained. I My Commission Expires: I' --+~---_. \L" ~'.'.,. /!)~ blic J 'NOI\oflqiC" COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK On this / JIA day of : SS , 2~, before me, , II the undersigned ofticer, a Notary Public, personally appeared Mathew A. Kennedy known to II I: " I I ji the undersigned otlker, a Notary Public, ersonallyappeared Erin Shistle, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and " ,,,,,,=,,,,,,,, ,.., '"" ~~",ed <h, Mm, fon'e ~~~"O""';"ed , , L .i)CCdy- No ary u lic U I My Co il II II Ii Ii Ii Ii II ana Seal l_eslie K_ Neidig, Notary Public Warrington Twp. York County \ My Commission Expires Feb. 4, 2007 \ Memt).~r P;mr;sylvani2t..ssociation Of Notaries EXHIBIT A ,:)/ RECEIVED MAY 0 2 70fl~\' MATHEW A. KENNEDY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1442 CIVIL ACTION LAW ERIN SHISTLE Defendant IN CUSTODY ORDER OF COURT AND NOW, this Jnd. day of consideration ofthe attached Custody Conciliation Report, it i , 2005, upon rdered and directed as follows: I. The Father, Mathew A. Kennedy, and the Mother, Enn Shistle, shall have shared legal custody of Carter A. Klein, born February 24,2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to rnake all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. Each party shall be entitled to obtain complete and full information from any doctor, dentist, teacher, daycare provider, professional or authority and to have copies of any reports or other information given to either party as a parent. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. In Week I, the Father shall have custody of the Child from Tuesday at 12:00 noon through Saturday at II :00 a.m. and the Mother shall have custody from Saturday at II :00 a.m. through Tuesday at 12:00 noon. B. During Week II, the Father shall have custody of the Child from Tuesday at 12:00 noon through Friday after daycare and the Mother shall have custody from Friday after daycare through Tuesday at 12:00 noon. C. The schedule shall begin with the Father ha-ving custody of the Child through Saturday, April 30, 2005 at II :00 a.m., when the Mother shall receive custody of the Child. 3. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 4. The parties shall cooperate with each other in establishing reasonable periods of vacation time for each party with the Child each year. 5. Both parties shall refrain from smoking in the presence of the Child and shall ensure, to the extent possible, that third parties also refrain from smoking in the presence of the Child during that party's period of custody. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of t1iis Order shall control. BY THE COURT, J:5!j -tI:n~.tD!.AJ, :i.e. J. cc: Jane M. Alexander, Esquire - Counsel for Father Jerry A. Philpott, Esquire - Counsel for Mother 1~R U :~~ U'\"," in T c:..i'i ~ (<i~--(/ .,"; . . "-i:" ":/':~>d,'; ~ t::,' ,.,:),., ,~, !t: f .~. ,......... .,6 ,1--.1, ....,... t,./.. ../ . ~~. , ., '<'-_',"fC .~-, '0" '. ,n"""<l~' <I bc;,,')','~jY J 7,' \~r C'I < ~---, :::~ ;-,;:\ -,-, ".S} ~y" (;'. c.:; -::.r 'I .. ... " !i II II II I) I Y .I6~1 2 Ii ,iUUb ex u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i MATHEW A. KENNEDY, I[ Plaintiff " i,l Ii VS. ,I 11 ERIN SHISTLE, I, Ii Defendant Ii ii Ii Ii L !: AND NOW, this 7 n f. day : NO. 05-1442 'i II of the parties, Mathew A Kennedy and Erin Shistle the attached Stipulation to Amend Prior i' I' II ,1 ii 11 [, II II I, Ii 'I II 1\ I I 'i II II : CIVlL ACTION - LAW : IN CUSTODY ORDER J;>)-, , , 20~ upon agreement Custody Order of the parties is entered as an order of Court. I II II () ,\ /\\e II t--' \J il C\ ~ Ii ii II ',i By the Court Judge ?:: c,:", ('....1 '.:-') c'