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Home My WebLink About05-2503 Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY Jason P. F enicle, Sr., vs. Barbara A. Fenicle, Defendant o.5-rJ-5o:3 NO. CIVIL Custodv Complaint AND NOW comes Jason P. Fenicle, Sr., by his attorney, Ruby D. Weeks, Esquire, and petitions the Court as follows: 1. Petitioner is Jason P. Fenicle, Sr., the father who resides at 222 McKnight Street, Carlisle, Cumberland Co., Pennsylvania. 2. Respondent is Barbara A. Fenicle. the mother who resides at 240 Moredale Drive, Carlisle, Pa. 3. The parties, who are married, but separated, are the natural parents of Jason Paul Fenicle, Jr., born June 7, 1994 and Tessa Rea Fenicle, born August 1,2002, the subjects of this complaint. 3. Plaintiff seeks legal custody of the following children: a. Name Present Residence Age Jason Paul Fenicle, Jr. 10 Tessa Rea Fenicle 2 b. The children Jason Paul Fenicle, Jr.,was born June 7, 1994 and Tessa Rea Fenicle, was born August 1,2002. c. The children are presently in the custody of the natural father, who resides d. at 222 McKnight Street, Carlisle, Cumberland County, Pennsylvania 17013. The children have resided with the father at 222 McKnight Street, Carlisle, Pennsylvania, for the past 16 months: 2, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court., and Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 3. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children 4. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children, so none will be given notice ofthe pendency of this action and the right to intervene. 5. The father requests this Court to grant an award of shared legal custody to both parents. 6.. The father requests primary physical custody of the children with him in that he is in a better position to provide consistent and stable care for the children and he is the parent more likely to assure that the children have a relationship with both parents. 7. The best interests and permanent welfare of the children and their physical, spiritual, emotional and moral well-being will be served by granting the relief requested oflegal and physical custody with the father. 6. Plaintiff father prays for an Order awarding shared legal custody of the minor children, Jason Paul Fenicle, Jr., born June 7, 1994 and Tessa Rea Fenicle, born August I, 2002, to both parents, and primary physical custody to the Plaintiff father and with partial custody awarded to Defendant mother as this Court determines is in the best interests of the children. WHEREFORE, Plaintiff father prays for an Order awarding shared flegal custody of the minor children, Jason Paul Fenicle, Jr., born June 7, 1994 and Tessa Rea Fenicle, born August I, 2002 to both parents, with primary physical custody to the father, with actual physical custody to the father, and partial custody to the mother as this Court determines is in the best interests of the children. Respectfully submitted, Date:Mav 13.2005 {2y..~ Ruby D. Weeks, Esquire Attorney for Plaintiff-FATHER 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 cc Barbara F enicle, Mother Jason Fenic1e, father , , . . COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND Personally appeared before me, a Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct. Sworn to and subscribed to before me this ;.1J:ti day of cmarl ,2005. N~(!uIP-) a"'7/: Commonwealth of Pen nla NOTARIAL SEAL SHIRlEY P. ClEVENGER, NolIry NIle Carlisle Bora, Cumberland CounIy Iott CommIssIon Expires May 14, 200B ~ ~ ~ ~ i) ~ w " '" '" '" -R \J ~ ~ ~ ':'- V C ~! ~~ ~ ':'..1'\ : %~~ ."' -- ~.~, o -~ 0 ,....J ,'-;'1 JASON P. FENICLE, SR. PLAINTIFF v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :J) - ~503 05/25/03 CIVIL ACTION LA W BARBARA A. FENICLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 20, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumb.erland County Courthouse, Carlisle on Tuesdav, Juue 14, 2005 at Jl:30 AM 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 deline and narrow the 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 penn anent order. The court herehy 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: ...IE, facqueline M., VerneVL-~-JJ1L Custody Conciliator Y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the COllrt, please contact our omce. 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 HA VE 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 32 South Bedford Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 - .~ ct.?",'}?"/! 1,~:7 ~' 'pil7tJ;1rY' tr/pr; ~~" /1(' C (' !/f;;" t' "V V ./ ~ .'Z ~.I ;~u, ,>(/Ol';Y' r~ p -# /?tf''?l1i/f 4u-.7 -f/llJ iv Or" ;; ,\:. n,"' .,:'-{: r:,'ii '--'." "." ;~\l RECEIVED JUN 272005$ v\ JASON P. FENICLE, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005--2503 CIVIL TERM BARBARA A. FENICLE, Defendant : CIVIL ACTION - J~A W : IN CUSTODY ORDER OF COURT AND NOW, this Z.?' day of f:r~ .. ,2005, upon consideration of the attached Custody Conciliat" on Report, it is ordered and directed as follows: 1. The Father, Jason P. Fenicle, Sr., and the Mother, Barbara A. Fenicle, shall have shared legal custody of Jason Paul Fenicle, Jr., born June 7, 1994 and Tessa Rea Fenicle, born August 1,2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2, Father shall have primary physical custody of the Children. 3. parties. Mother shall have periods of partial physical custody as agreed by the 4. This Order is entered pursuant to 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 this Order shall control. BY THE COURT, ./71- 1. cc: Ruby D. Weeks, Esquire, Counsel for Fathe Barbara A. F enicle, pro se P.O. Box 1343 Carlisle, PA 117013 I~~. ~..J7.a5 y' FIU:[}{Y~;::C;E OF TI~'- f"'n":!l~:\',:-,.rt,f.lV i\... "".f'! I ..I ".J" d,. 2uGS JUN 2-1 Pi'! 3: I 0 r~ :~), ..1.'-"".:... r':\::f JASON P. FENICLE, SR. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2005-2503 CIVIL TERM BARBARA A. FENICLE, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jason Paul Fenic1e, Jr. Tessa Rea Fenic1e June 7, 1994 August I, 2002 Father Father 2. A Conciliation Conference was held in this matter on June 24, 2005, with the following individuals in attendance: The Father, Jason P. Fenic1e, Sr., with his counsel, Ruby D. Weeks, Esquire, and Mother, Barbara A. JFenic1e, pro se. 3. The parties agreed to the entry of an Order in the form as attached. (p -.)..Y-oS- Date ~~..e~ ~.~ acq ine M. Verney, Esquire Custody Conciliator