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Home My WebLink About06-2399 DAMIEN LEE NICKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. tlt.-;2 3'1'/ CIVIL TERM JESSICA BROOKS Defendant : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Damien Lee Nickey. Plaintiffs temporary residence is 204 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, 17241. 2. The Defendant Jessica Brooks residing at 4427 Melory Avenu<~, Columbus, Franklin County, Ohio, 43227. 3. The plaintiff seeks custody of the following child: Name Madisyn Nickey Present Residence 4427 Melory Avenue Columbus, Ohio 43227 Age 3 years 4. The child Madisyn Nickey, March 13, 2003, was born out of wedlock. 5. The child is presently in the custody of the Defendant, who resides at 4427 Melory Avenue, Columbus, Franklin County, Ohio, 43227. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Damien Lee Nickey and Jessica Brooks 157 Big Spring Terrace Newville, PA 17241 March 2003 to April 2003 Damien Lee Nickey and Jessica Brooks 613 A Geneva Drive Apt. 32 Mechanicsburg, P A 17055 April 2003 to December 2003 Damien Lee Nickey, Jessica Brooks, and Grandfather 45 North Market Street Millerstown, P A 17062 December 2003 to December 2004 ,1 ':., Damien Lee Nickey and Jessica Brooks 7 North Corporation Street Newville,PA 17241 December 2004 to March 2006 7. The Defendant in this action, Jessica Brooks, is the mother of the child and is currently residing at 4427 Melory Avenue, Columbus, Franklin County, Ohio, 43227. 8. She is not married to the Plaintiff. 9. The Plaintiff, hereinafter "Father," of the children is Damien Lee Nickey currently residing at 204 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, 17241. 10. He is not married to the Defendant. 11. The Defendant currently resides with the following persons: Name Relationship Joseph Mackey Friend 12. Father has no information of any pending custody proceeding concerning the child. 13. Father does 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 best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the fiJllowing. a) The Father has been the primary caregiver since the child's birth. The Father has provided for her emotional, physical, and educational needs including establishing a stable home environment for them, and he can continue to provide for the child; b) Defendant has not acted in the best interest of the child in ways including but not limited to the following: i) Defendant has not allowed the child to se(: Father since leaving Pennsylvania on March 2006; ~ ii) Defendant often leaves Madisyn with her aunt or grandmother on weekends; and iii) Defendant irresponsibly failed to stay current on her rental payments resulting in the family's eviction. 9. Without the action of the court, the Father and the Madisyn are m danger of irreparable harm. 10. The Father requests that the court order the following: a. Grant him primary physical and legal custody of the child. b. Enjoin Defendant from removing the children from Carlisle, Pennsylvania. II. 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 as parties to this action. WHEREFORE, Father requests this Court to grant him primary physical and legal custody of the child with partial custody scheduled for the Defendant. Father further requests any other relief that is just and proper. Respectfully submitted, r- ~ct L GeE. D'Alo At ey for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 .. VERIFICATION The above-named PLAINTIFF, Damien Lee Nickey, verifies that the statements made in the above complaint For custody are true and correct. pl ai nti ff understands that false statements he rei n are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: <...; / ;J.'J. J 0& ~ . ~?2~ Dam~ Lee Nickey Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAMIEN LEE NICKEY, vs. NO. CIVIL TERM JESSICA BROOKS, Defendant CUSTODY CERTIFICATE OF SERVICE I, Grace E. D' Alo, of MidPenn Legal Services do hereby swear that I served JESSICA BROOKS with a Complaint in Custody on September 26,2005, by U.S. Mail, First Class at the following address: Jessica Brooks 4427 Melory Avenue Columbus, Ohio 43227 I, Grace E. D' Alo, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Ps.C.S. Section 4904 relating to unsworn falsification to authorities. Date: t-\~~\\Dto . \ lM3-~. Dc&J Gr~ Ma ging Attorney MidPenn Legal Services 8 Irvine Road Carlisle, PA 17013 o ,......' ........ DAMIEN LEE NICKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. No. CIVIL TERM JESSICA BROOKS, Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Damien Lee Nickey, by and through his counsel, Grace E. D'Alo of MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Father, resides at 204 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, 17241. 2. The above Defendant currently resides at 4427 Melory Avenue, Columbus, Franklin County, Ohio, 43227. 3. Father and Defendant are the natural parents of a. Madisyn Nickey born March 13, 2003. 4. Father and Defendant are not married. 5. The child has lived with the parties at the following addressl~s for the time specified: a. From her birth until April 2003, Madisyn lived with Father and Defendant at 157 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, 17241; r'-_' e'.... b. From April 2003 to December 2003, Madisyn lived with Father and Defendant at 613 A Geneva Drive, Apt 32, Mechanicsburg, Cumberland County, Pennsylvania, 17055; c. From December 2003 to December 2004, Madisyn lived with Grandfather, Father, and Defendant at 45 North Market Street, Millerstown, Perry County, Pennsylvania, 17062; d. From December 2004 to March 2006, Madisyn lived with Father and Defendant at 7 North Corporation Street, Apt. 2, Newville, ClUTIberland County, Pennsylvania, 17241; e. From March 2006 to the present, Madisyn lives with Defendant at 4427 Melory Avenue, Columbus, Franklin County, Ohio, 43227. 6. The Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. Father has not been able to see the child since the Defendant took the child to Ohio on March 2006; b. Defendant has five arrest warrants in Pennsylvania and has fled to Ohio to avoid being arrested; c. Defendant does not spend quality time with her child. Since Father works during the night, Defendant often does not see the child until she is asleep. She will often leave her at the child's aunt or grandmother's house on weekends; and d. Defendant irresponsibly failed to stay current on her rent payments although, resulting in the family's eviction; 0'"'-' .....,-, 7. Father is the parent who can best provide for the child for reasons including, but not limited to, the following: a. Father has always assumed primary responsibilities in feeding, educating, and playing with the child. b. Father is presently able to provide for the child by giving the child a nurturing and stable home environment; provide for the child's emotional, physical, educational, and medical needs. c. Father can best facilitate and maintain any contact between the child and the Defendant. 8. Father requests that the Court grant primary physical and legal custody of the child to him and grant the Defendant supervised visitation with the child. 9. Without this Court's intervention, Father and children are at risk of irreparable harm by being denied contact with each other. WHEREFORE, Father respectfully requests the following: a. Defendant is ordered to immediately return the child to Father; b. The police in Cumberland County and Franklin County, Ohio, shall coordinate their efforts to facilitate the transfer of custody pursuant to the Court Order; c. Damien Lee Nickey shall have primary legal and physical custody of Madisyn Nickey. d. The custodial rights of Defendant shall be limited to visitation as ordered by this Court or agreed to by the parties; e. Any other relief this court deems just and proper. r Respectfully submitted, ~b _ .....,.__,.'.0... .-' ." c -- DAMIEN LEE NICKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL V ANlA vs. No. 05- JESSICA BROOKS, Defendant IN CUSTODY CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL I, Grace E D' Alo, do hereby swear that I served Jessica Brooks with a Petition for Special Relief on DATE, by certified mail, return receipt, restricted delivery, to the person and address below; Jessica Brooks 4427 Melory Avenue Columbus, Ohio 43227 I, Grace E. D'Alo, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~/ LllOG -.. leQ-\)C&O 'J DAMIEN LEE NICKEY, ~ C--, -,' .- r-"" '~--._ '.> -__ _, " "" ..... I _..; . ,~-". . I' ,.j..' V. <.' } L MAY 0 8 2006 I I ~v IN THE COURT OF COMMON P "AS'iJF=~~-~J ~ . ~. Plaintiff vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. O~ - :<3q 9 CIVIL TERM JESSICA BROOKS Defendant CUSTODY ORDER OF COURT AND NOW, upon consideration of the Petition for Special Relief, it is hereby directed that the B.c.f....udUL.Ll ~~ vld""l....d Lv :J.ulu",d:ukJ.r lli;ilUlll dlli;i dl~ld Lv I:l...,-, Plu..:.ul:ff, Ba.lI1;~H l~;",key, Ml~ +1-....+ tkj Dl~~-tiff allaU OO~.... ~J.:uu.u)' kt:;ni <:ulU pnysICal custoay 01 tne CnllG penolng ncwlug. A hearing is set on this matter on the /6 tf\. day Of~, 200I!J !.t tkat t;J1UI-ihe~--e p=t;~, ,;&hto tv wolvdy aud ,;o;l'a~vu ,1..Jl b~ d~t~..u;u~d. o.)f"" I. '()~p,,". "f". ~ :..../ _'. /)~ . we,." ~~...t.... t4r 4./ I6.t ",,'_1\~ * ~ ~ ''':'''~ ., _~# _. e.Io ~i r~~ ~~. WLc.r- "'P-;.,.... - 'V" J' r' . - ( BY~ Date: 5'/,,(0 lo ~ J, ~DW 0'~ o ': . t. S :01 HV +j- A VIlSDUl ; Lid I (\. .".. .....' ='Hl -'C. I\Oy_-,jl',VJ d..vud....1 :I) :L\;.:l:Y)-{FJlH , DAMIEN LEE NICKEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-2399 CIVIL ACTION LAW JESSICA BROOKS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 04, 2006 , 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, Cumberland County Conrthouse, Carlisle on Tuesday, Jnne 06, 2006 at 8:30 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 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 hearinl!:. FOR THE COURT. By: Isl TacQueline M. Verney, ESQ. 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 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 I3 Telephone (717)249-3166 , . 'li' ~ ~ .....,....,. I.(,p 1<7.>5 .h t ~ ~ 10-5-9 5-)( $ ~ ~ -/:'l ?O.y~ IiIN\f^lASNt.8d A..lNno::) C+'\i-\H:JBV'J(K) L Z :8 Hd s- ~VW 900l ACl'vlONOl-llOCld 3Hl :lO 3~I:Ho-a31f.:l ... '-- r'-' " DAMIEN LEE NICKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-2399 CIVIL TERM JESSICA BROOKS, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 10th day of May, 2006, by agreement of the parties, we enter the following Order that is meant to be temporary only and shall not in any way affect the substantive rights of the parties at the upcoming conciliation or any subsequent hearing: 1. The parties shall have joint legal custody of their child, Madisyn Nickey, born March 13, 2003. 2. Father shall have primary physical custody of the child. 3. Mother shall have partial custody of the child every Friday from 6:00 p.m. until Sunday at 6:00 p.m. Provided, however, that mother shall be staying with the maternal grandmother during the said periods of partial physical custody. 4. Further, mother may call the child each evening while the child is in father's custody. 5. Neither party shall remove the child from the state of Pennsylvania. We note that this arrangement was agreed upon to be temporary only. We also note that mother was uncounseled in these proceedings and has indicated that she intends to obtain counsel prior to the June conciliation. For those reasons, this Order is meant to be temporary only. ) .- ~ace E. D'Alo, Esquire For the Plaintiff Assica Brooks 4427 Melroy Avenue Apartment A Columbus, Ohio 43227 Defendant, Pro se , ~\..Sheriff ~r ~ srs Page 2 Nickey vs. Brooks May 10, 2006 Edward E. Guido, J. \ \kD\o O~'V . .-' , (. VNt!i\ll f'>PPd '1'!0,)'-', h'. ':;'C1I.l,)n'" 1\J..!';lI.,.,.-"-.; . i-.) 68 :2 Wd S I A\1~ 900Z AlJ'I10i\lOH10dd 3HJ. :lO 3QI;Ho-G311:l , - '7 JUN 0 6 200~ DAMIEN LEE NICKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2006-2399 CIVIL ACTION - LAW JESSICA BROOKS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ca f"I' day Of! '- ,2006, upon consideration of the attached Custody Con iation Report, it is ordered and directed as follows: I. The prior Order of Court dated May 10, 2006 is hereby vacated. 2. The Father, Damien Lee Nickey and the Mother, Jessica Brooks, shall have shared legal custody of Madisyn Nickey, born March 13,2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Beginning June 11,2006, the parents shall have shared physical custody on a week on/week off schedule, with Father having the first week. 4. Transportation shall be shared as agreed by the parties and at a location determined by the parties. . ~ 5. 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 ofmutuaJ consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for August 28, 2006 at 9:30 a.m. Edward E. Guido, J. c~ace D' Alo, Esquire, Mid Penn Legal Services, Counsel for Father .,/6ssica Brooks, pro se 4427 A Melory Avenue Columbus, Ohio 43227 ~ lo ~/O /D b\9 < '>~,""Tr.\J ' ;,' '~I I' B I :8 Hd 8- fJi!' SOUZ AtiVICU:E':';Jd 3Hl :!O :i::Y,;()-::BlI::I . ~ JUN 0 6 2006( : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA DAMIEN LEE NICKEY, Plaintiff V. : NO. 2006-2399 CIVIL ACTION - LAW JESSICA BROOKS, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Madisyn Nickey March 13, 2003 Father 2. A Conciliation Conference was held in this matter on June 6, 2006, with the following in attendance: The Father, Damien Lee Nickey, with his counsel, Grace D' Alo, Esquire, Mid Penn Legal Services and the Mother, Jessica Brooks, pro se. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated May 10,2006 providing for shared legal custody, with Father having primary physical custody and Mother having periods of partial physical custody every weekend, Friday to Sunday. 4. The parties agreed to an Order in the form as attached. ~ -I... -o~ Date ,r; acq line M. Verney, Esquire Custody Conciliator '." I~VEDi AUG ~ Q 2006 I / BY: < .."'-~...- .~. DAMIEN LEE NICKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006-2399 CIVIL ACTION - LAW JESSICA BROOKS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this J~ ~ day of ~ ,2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of Court dated June 8, 2006 is hereby vacated. 2. The Father, Damien Lee Nickey and the Mother, Jessica Brooks, shall have shared legal custody of Madisyn Nickey, born March 13,2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment plarming meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Father shall have primary physical custody of the child. 4. parties. Mother shall have periods of partial physical custody as agreed by the 5. 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. "' . . Edward E. Guido, J. c~e D' Alo, Esquire, Mid Penn Legal Services, Counsel for Father ~~ica Brooks, pro se 4427 A Melory Avenue Columbus, Ohio 43227 , /Ir\,D'.p OCO,-r V1N\il\lXSNi'~jd I 'Nr.'["" r:' .""~,',"r. ,,,r'\..... I'..u ,..1 .", """^lr,!t~1 h-.} LO :2 Wd 62 ~rw qUill AtJ\IlONCH.iOl:id 3Hl:lO 3:J'~~o-CI3ll:l , , .r / , ,. . , DAMIEN LEE NICKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2006-2399 CIVIL ACTION - LAW JESSICA BROOKS, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Madisyn Nickey March 13,2003 shared 2. A Conciliation Conference was held in this matter on August 28, 2006, with the following in attendance: The Father, Damien Lee Nickey, with his counsel, Grace D' Alo, Esquire, Mid Penn Legal Services by telephone. Mother, Jessica Brooks, did not appear. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated June 8, 2006 providing for shared legal and physical custody on a week on/week off basis. 4. Father requested an Order in the form as attached. ~ -~f-o <.> Date Jac eline M. Verney, Esquire Custody Conciliator