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HomeMy WebLinkAbout05-3640 SEAN PATRICK QUINLAN, ESQUIRE Attorney l.D. No. 86858 3344 Trindle Road Camp Hill, Pennsylvania 17011-4453 Telephone: (717)763-9111 0 '"" c, 0 ,;; c':;) ., en <- ..... c:: ::I-n i'.-'. lTlr=;":; ," = C? c;> " ..- -,,'~ \.J r-n (,.J -,<~ -- UI Attorney for Plainliff Nicholas A. Duke NICHOLAS A. DUKE Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. oS' - ]1..1../0 C/()cl ~8-..L CIVIL ACTION - LAW IN CUSTODY REBECCA CORNMAN Defendant. COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Nicholas A. Duke, by and through his attorney, Sean Patrick Quinlan, Esquire, and respectfully represents as follows: 1. Plaintiff is Nicholas A. Duke, (hereinafter referred to as "Father"), an adult individual who is currently residing at 601 Water Street, New Cwnberland, Pennsylvania 17070. 2. Defendant is Rebecca Cornman, (hereinafter referred to as "Mother"), an adult individual who is currently residing at 321 Seventh Street, New Cwnberland, Pennsylvania 17070. 3. Father seeks partial custody of the following child: ~ Phoenix Duke Aee 1. 4. The child was born out of wedlock. The child is presently in the physical custody of Mother who resides at 321 Seventh Street, New Cumberland, Pennsylvania 17070. 5. During the past five (4) years, the child has resided with both parents in an informal shared custody arrangement. 6. Father of the child is currently residing at 601 Water Street, New Cumberland, Pennsylvania 17070. Father's marital status is single. 7. Mother of the child is currently residing at 321 Seventh Street, New Cwnberland, Pennsylvania 17070. Mother's marital status is single. 8. Father is the biological father of the child at issue. Father currently resides with the following persons: Name James Duke Relationship Father of Plaintiff 9. Mother to the child at issue is the biological mother. Defendant currently resides with the following persons: Name Aixa Lopez Relationship partner/roonmIate 10. Father has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 11. Father has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. Father 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. 13. The best interest and permanent welfare of the child will be served by granting Father partial custody of the child because: a. Father has been a positive influence in the life of his child. b. Father is willing and able to continue to remain a positive influence in the life of his child under a formal, court-ordered arrangement. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody ofthe child have been named as parties to this action. WHEREFORE, Father requests this Honorable Court grant him partial custody of the child. Respectfully Submitted: Date: July 14,2005 By: SEAN PAT CK QUINLAN, ESQUIRE Attorney I. . No. 86858 3344 Trindle Road Camp Hill, Pennsylvania 17011-4453 Telephone: (717) 763-9111 Attorney for Plaintiff Nicholas A. Duke VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. g4904 relating to unsworn falsification to authorities. July 14, 2005 n'~L~ Nicholas Duke, Plaintiff (J """' :d -- ~ -- \t. -- B () ,....., 0 ((; - = - c:: ,~;) -n E;- ~ eJ' -cJ ,- -l f" ~ c: :r:~ ,-- plp ...c:. ?- -0\"('\ :-)':( (n. C) ~:~~?, -I::. 32 -0 ,._-r, :30': C1f-) i>~tn r r..:? -:'~ ;;:: ~ .r:::- :::< -l ---------- ~ NICHOLAS A. DUKE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 05-3640 CIVIL ACTION LAW REBECCA CORNMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, July 22, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. al 4th Floor, Cumberland Couuty Conrthouse, Carlisle on Weduesday, Aueust 17, 2005 , the conciliator, at 9:30 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older mav 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: Isl Hubert X GiJro Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabililes Act of] 990. 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 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 170 I 3 Telephone (717) 249-3]66 - r/' ~.#- ,..,...~~ 50-5t'_( -h i'~ ~~ 5c7-S("L ~ f'v ~~'~--PJ X/-_~e'L- I": -. ""!(;21 8"'1 "I ::J. ;;', C'7 "F:r~ r'\nl,7 ~,:,0 I d S"',",U 3H1 :10 ::)1:'.:-,11:.';--__,]] -i!j 5 R~e~IV€O AUG 22 Z005jLf- NICHOLAS A. DUKE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW REBECCA CORNMAN, Defendant NO. 05-3640 IN CUSTODY COURT ORDER AND NOW, this ';)~daY of August, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: / 1. A hearing is scheduled in Court Room ~ _ S of the Cumberland County Courthouse on the t.~ day of t> ~ ,2005, at /:tJD J-.m. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel Memorandums setting forth the history of custody in this case, the issues currently before the Court, each party's position on a desired Custody Order, a list of witnesses who will be called on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following Temporary Custody Order is entered: A. The Father, Nicholas A. Duke, and the Mother, Rebecca Cornman, shall enjoy shared legal custody of Phoenix D. Duke, born March 10, 2001. B. Father shall have physical custody of the minor child every Monday from 9:00 a.m. until Wednesday at 6:00 a.m. Additionally, Father shall have custody of the minor child at such times as agreed upon by the parties. C. Mother shall have physical custody of the minor child at the times the Father is not enjoying custody as set forth in s aragraph B above. ~I'\Q&I~~\-) . VJ-1~ ~Clo,gh, E....r/~_'" Sean Quinlan, Esquire O~ -AJ UJ Judge }JJ-lf"C" -::L-\\rt8 is t; :8 WeI SZ sn~ sooz AH~i"L.cX',;UH,:.;'::;":1d 3Hl ::10 ;:)H~t>~Q'j11J ,r,""'""'" . '''''-'.' NICHOLAS A. DUKE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW REBECCA CORNMAN, Defendant NO. 05-3640 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonuation pertaining to the child who is the subject of this litigation is as follows: Phoenix D. Duke, born March 10, 2001 2. A Conciliation Conference was held on August 17, 2005, with the following individuals in attendance: The Father, Nicholas A. Duke, with his counsel, Sean Quinlan, Esquire The Mother, Rebecca Cornman, with her counsel, Joanne Clough, Esquire 2. There has been no prior Order in this case. For a period of time, the parties have worked out an agreement between themselves. Father suggests that he, early on after separation, had more time with the minor child, and Father is seeking more time now. Mother suggests that over the past year or so, Father's time has been about two days a week. The parties have somewhat erratic work schedules. At the point of the Conciliation, they were unable to reach an agreement and a hearing is required. The Conciliator recommends an Order in the form as attached, which includes a Temporary Custody Order based upon what the Conciliator understands to be the status quo. Date: ?- (q~o r- ,FROM :JORNNE HR~R[SON CLOUGH,P.C. FRX NO. :7177375892 Oct. 05 2005 12:02PM P2 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3640 NICHOLAS A DUKE, Plaintiff REBECCA CORNMAN, Defendant CIVIL ACTION - LAW IN CUSTODY 9lUODY AGREEMENT AND ORDER AND NOW, this /)- W\ day of 0 J#1 , 2005, Plaintiff, Nicholas A Duke, (hereinafter referred to as "Father"), and Defendant, Rebecca Comman, (hereinafter referred to as "Mother"), having reached an agreement regarding custody and the best interests and welfare Of their minor child, the terms of whicl1 are set forth herein, it is hereby ORDERED and DECREED as follows: 1. The Mother, REBECCA CORNMAN, and the Father, NICHOLAS A DUKE, shall have shared legal custody of Phoenix D. Duke, bom March 10, 2001. The parties agree that all major decisions concerning their Child, including, but necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following harmonious policy in the Child's best interest Each party agrees not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their child Page 1 of 5 ORIGI~ - A1N("1~.~'1" -~';'::':,'\lnJ JAYIIC)Ij10 r 0 :8 ift '11 130 Saul AH91Q.._::.~U;J 3Hl :10 :]:~\),j::1(}(j:nH FROM :JORNNE HRRRISON CLOUGH,P.C. FRX NO. :7177375892 Oct. 05 2005 12:03PM P3 that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. Each parent shall notify the other parent as soon as possible of any health problem, injury or similar medical emergency or treatment concerning the Child. With regard to any emergency decisions which must be made, the parent then having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A ~ 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute 2. The parties shall have shared physical custody of the Child in accordance with the following schedule: A Father shall have physical custody three days per calendar week commencing on Sundays at 6:00 p.m. until Wednesday a.m. at which time father shall deliver the child to preschool at approximately 8:00 a.m. Specific exchange details shall be agreed upon by the parties. B. Mother shall have majority physical custody of the Child at the times the Father is not enjoying custody as set forth in subparagraph A above. C. The parties shall share physical custody of the Child on holidays on such days and at such times as the parties can agree. D. Each party shall be entitled to have physical custody of the Child for Page 2 of5 FROM :.JOANNE HAR.RISON CLOUGH,P. C. FAX NO. :7177375892 Oct. 05 2005 12:03PM P4 two non-consecutive weeks for vacation each year upon providing 30 days advance written notice to the other party by letter or email. The party providing notice shall be entitled to preference on his or her selection of vacation dates. Neither party shall schedule periods of physical custody under this provision during the other party's holiday periods of physical custody unless otherwise agreed between the parties in writing. Vacation time under this provision may not be accumulated or rolled over into a subsequent year unless otherwise agreed to between the parties in writing. The parties shall provide each other with advance notice of the address and telephone number where the Child can be contacted in the event of an emergency during vacation periods. The Child should not miss any school time for vacation unless agreed to in writing between the parties. 3. 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 shall comply with this provision. 4. The parent with physical custody during any given period of time shall communicat~ in a prompt fashion with the other parent conceming the well being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the Child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 5. Neither parent will schedule events directly with the child for periods when Page 3 of 5 FROM :.JOANNE HA~RI50N CLOUGH,P. C. FAX NO. :7177375892 Oct. 05 2005 12:03PM P5 they are to be in the other parent's care, without the prior consent of the other parent. 6. The parties shall be provided reasonable phone access with the child while they are in the care of the other parent. The parties shall ensure that the child have privacy during phone conversations with the either parent. 7. Neither parent shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Order, or if the relocation will be to a location in excess of fifty (50 ) miles from the other party's then current address without (a) such parent first giving prior written notice to the other parent not less than sixty (60) days prior to the planned relocation, and (b) either written consent to the other parent to such relocation or further order of this Court. In the event of any intended relocation, either parent may seek modification of the terms of this Custody Order by filing a Petition to Modify Custody the Prothonotary. 8. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the present of the child and, to the extent possible, shall not permit third parties to make such comments in the presence of the child whether the child are sleeping or awake. Each party shall speak respectfully of the other whether it is believed that other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandfather, 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. Each party should encourage their child to send the appropriate holiday cards to the other parent. 9. Mother and Father are both committed to the care of their child and agree Page 4 of 5 FROt:! :.JOANNE HAR.R I SON CLOUGH, P. C. FAX NO. :7177375892 Oct. 05 2005 12:03PM P6 to cooperate in ensuring the child spends time with both parents. Father and Mother agree to encourage the relationship of the child with the other parent. IN WITNESS WHEREOF, the parties have set their hands and seals this L..tz.... day of Quk.bw' ,2005. ~VQr Q~~~. Re cca Cornman Joanne Harrison Clough, 24 North 32nd Street Camp Hill, Pennsylvania 17011 ~~ Nich Ou /11-/3-tf.5 Edward E. Guido, Judge Page 5 of 5 ;ffl 1Lnw <l&ffitc~ EDWARD J. M!MNAGH "ESQUIRE 203' WEST' CARACAS' AVENUE' SUITE' 201 HERSHEY' PENNSYLVANIA' 17033 -1567 TELEPHONE' 717 . 534 .2600 FAX' 717 . 534 . 1344 October 7, 2005 The Honorable Edward E. Guido C/O Sandy CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, Pennsylvania 17013-3387 RE: DUKE v. CORNMAN No. 05-3640 TRANSMITTAL MEMORANDUM To avoid delay I enclose the following without covering correspondence: The original and two (2) copies of the signed Custody Agreement and Order for the above referenced matter. Very truly yours, j4J/w~ OJ I~ Stephanie A. Nebl Legal Assistant Enclosure Document in ProLaw EDWARD J. MIMNAGH' MPA . JD KAREN A. SHERIFF' PARALEGAL STEPHANIE A. NEBl . LEGAL ASSISTANT E-MAIL: ffL_i-.lfl_I]_.,.~.gJ:1~__.L",__""..~.,..Y""~_~__-!:J_9__n_,,_~,._l!:~__!=:_