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HomeMy WebLinkAbout06-3165 I IN THE COURT OF ~OMMON PLEAS CUMBERLAND CO~N1Y, PA , . NO, tJ{,,31'j C+ILTERM CIVIL ACTION - LA IN CUSTODY NICOLE FLENNER, Plaintiff v. MA ITHEW FLENNER, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Nicole Flenner, who currently resides at 6 He ge Row Lane, Carlisle, Cumberland County, Pennsylvarria 17013, 2, Defendant is Matthew Flenner, who it is believed is pres tly staying with a friend at 212 Birch Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3, The Plaintiff seeks custody of the following children: Name Address Amanda C. Flenner 6 Hedge Row Lane Carlisle, P A 17013 Grace E. Flenner 6 Hedge Row Lane Carlisle, P A 17013 Matthew A. Flenner 6 Hedge Row Lane Carlisle, P A 17013 DOB 08/01/1998 09/10/2002 08/20/2004 4, The oldest child was born out of wedlock and the yo ger two (2) children were born in wedlock. 5. The children are presently in the primary custody of Nic Ie Flenner, 6 Hedge Row Lane, Carlisle, Cumberland County, Pennsylvarria, 6, During the children's lifetime, they have resided with th following persons and at the following addresses: . Name Address Nicole Flenner, J acqill and Larree Beilharz 4 Catalpa Court, Boiling Springs, P A 17007 Nicole and Matthew Flenner 50 Bonnybrook Road, Carlisle, P A 17013 Nicole and Matthew Flenner 6 Hedge Row Lane, Carlisle, P A 17013 Nicole Flenner 6 Hedge Row Lane, Carlisle, P A 17013 Date !Birth to 2002 b002 to November 2003 lNovember 2003 to May 26, ~006 ay 26, 2006, to present 7, The mother of the children is Plaintiff, Nicole Flenner, who currently resides at 6 Hedge Row Lane, Carlisle, Cumberland County, Pennsylvania. 8, The father of the children is Defendant, Matthew FIe er, who is believed to be staying at 212 Birch Lane, Carlisle, Cumberland County, Pennsylv ' 9, 10. The relationship of Plaintiff to the children is that of Mo er. 11. The relationship of Defendant to the children is that of F ther, 12, The Defendant is believed to currently be staying with a f 'end, Matt Thomas, 13, The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this co or any other court, 14, The Plaintiff has no information of a custody procee g concerning the children pending in a court of this Commonwealth, 15, The Plaintiff does not know of a person nor a party t the proceedings who has physical custody of the children or clainIs to have custody or visi tion rights with respect to the children, 16, The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a, i The Mother has been the primary caregiver of th~ minor children since their I ! birth, She has: i,Planned and prepared meals; ii,Bathed, groomed and dressed the children; iii,Purchased, cleaned and cared for the children's cl thing; iv,Arranged medical care, including trips to physic' v,Arranged alternative daycare; vi,Put the children to bed nightly, attended the c dren in the middle of the night, and awakened the children in the morning, b, The children have a psychological bond with their Mother, c, Mother is able to provide a stable environment fo the children, d, It is believed that Father has a severe anger man ment problem that could create a dangerous or harmful situation if the children e left solely in his care, e. On or about or before May 20, 2006, Father thre tened to commit suicide by taking a handgun into the woods, f, On or about May 29, 2006, Father was voluntaril committed for a period of 72 hours due to his detailed threats to commit suicide d his erratic behavior. g, Father has threatened to commit suicide while in the possession of a gun on more than one occasion. h, In addition to his threats to commit suicide, F ther has threatened to kill Mother and any other people Mother may be with, 1, Father does not have the appropriate items to car for the children, including but not limited to car seats, beds or cribs. j, It would be in the best interest of the children not be in the sole care of Father until he seeks and successfully completes treatment for his anger management and personality disorders, k. It would be in the best interest of the childr n for Father to exerClse supervised visitation with an individual of Mother's ch Slllg, 17, Each parent whose parental rights to the child have no been terminated has been named as parties to this action, WllEREFORE, the Plaintiff requests that This Honorable Co grant the following relief: a, Grant primary physical custody of the children to the P , tiff/Mother; b, Grant Plaintiff/Mother sole legal custody of the childr c. Grant Defendant/Father supervised visitation; d, Order Defendant/Father to successfully complete any and all counseling recommended by his therapists or doctors; e, Grant such other relief as This Court deems appropriat , Respectfully subrrritted, DATE~ Kara W, Haggerty ID No, 86914 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff MOM & KUTULAKIS, L. VERIFICATION I, NICOLE FLENNER, verify that the statements made in this fustody Complaint are true and correct to the best of my knowledge, information, and belief, I undefstand that false statements herein are made subject to the penalties of 18 Pa,C,S. ~ 4904 relating 0 unsworn falsification to authorities, Datea~~ .~ NICOLE FLENNER NICOLE FLENNER, Plaintiff IN THE COURT OF tOMMON PLEAS CUMBERLAND coTJJNTY, p A v, NO, CI IL TERM MATTHEW FLENNER, Defendant CNIL ACTION - LA IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this l f1~ay of June, 2006, I, Kara W, Haggerty, squire, hereby certify that I did serve a true and correct copy of the foregoing Complaint for Custo y on the Defendant by depositing, or causing to be deposited, same in the U ,S, mail, postage pre aid, addressed as follows: By First-Class Mail and Certified Mail: Matthew Flenner c/o Matt Thomas 212 Birch Lane Carlisle, PA 17013 ~(. Kara W, Haggerty \\ - .J 'l(\ \;' ~ "" "-.J ~ "- ---.. <^~ Q'Y , ~ ~ ~ ~ \ ~ 'b ., ~\~ '-. ~ q f' N C~ =' 0..... , [::=:. 1..... \ N o 'Tl -I ::\"::. .." jl1e. "iJ\~ :>J ;..\) '-:-)\r) . '-, :~'~'~L5 ;:~)\-n :::4 'p- :0 ,< ..", -~ w o -' NICOLE FLENNER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 06-3165 CIVIL ACTION LAW MA TTHEW FLENNER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, ~onday,June12,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 23, 2006 , the conciliator, at 9:30 A~ 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 hearin2. FOR THE COURT. By: Isl Hubert X Gilro Es 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 infonnation 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) 249-3166 . ~ ~'# ~~ ~ ,?t?-h//} -#p;:!. ~ ~~ '7(/~h/? ~h,2 /,~~~-~ ?~:h/'? " ... '" ,! I f I '.)(11" DnrJ7 ..; 'I. ,l. ,.n). L n~ :t ;:i.... . ~ NICOLE FLENNER, Plaintiff IN THE COURT OF COM!v10N PLEAS CUMBERLAND COUNTY, PA v. NO.Ot..- 3ft.S' CIVIL TERM MATTHEW FLENNER, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between NICOLE FLENNER, (hereinafter referred to as "Mother") and lvfATTHEW FLENNER, (hereinafter referred to as "Father''). WHEREAS, the parties are the parents of three (3) children, namely AMANDA C FLENNER born August 1, 1998, GRACE E. FLENNER, born September 10, 2002, and lvfATTHEW A. FLENNER born August 20, 2004, (hereinafter referred to as "Children"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother shall have sole legal custody of the Children. ". ~ 2. Mother shall have primary physical custody of the Children. 3. Father shall exercise supervised visitation with the Children as follows: a. Every Sunday from 5:00PM to 7:00PM at the home ofJacqui and Larree Beilharz, 4 Catalpa Court, Boiling Springs, Pennsylvania. b. At all other times as the parties may agree. 4. Father shall enroll in, attend, and successfully complete any and all counseling or treatment recommended by any therapist or doctor he is presently treating with or that he shall treat with in the future. Father shall provide to Mother proof of regular attendance and successful completion of all counseling. 5. Neither parent shall do anything which may estrange the Children from the other party, injure the opinion of the Children as to the other party, or which may hamper the free and natural development of the Children's love and affection for the other party. 6. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 7. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor A .. Children, who have resided for at least the past SIX (6) months 111 Cumberland County, Pennsylvania. 8. The parties stipulate that in making tlns Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of tlle other party. 9. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: OL l() - S ~.[jp Date Jltf~~~ ~a~Jo' Mrl.,2fl~ MATTHEW FLENNER ("':> ,.......,~, 0 c;::;-) C c;~:.) -'j'~l d.....~ (.,-- --I :r i., ;" ,c LJ -! NICOLE FLENNER, Plaintiff 3 JUN 2 6 2006 IN THE COURT OF COMMON PLEAS r CUMBERLAND COUNTY, PA " .. . , v. NO,Dl..~3ttSCIVIL TERM MATTHEW FLENNER, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT ~ AND NOW, this J1 day of r ' 2006, it is hereby ORDERED and DECREED that the attached Custody Stipulation and Agreement is made an Order of Court. J. Distribution: Kara W. Haggerty, Esquire ~atthew Flenner, c/o Matt Thomas, 212 Birch Lane, Carlisle, PA 17013 A"rOJ\~h~ &,\3herifF ortic.e. ~ .\)\p 0\9 , ~ , ' t,~_i ?" ." '\\' ,,7 "V'O ", "',, r P'i')' " I;'~ ~ :IA1. ;\0 l:I'c\:\ RECEIVED JUN 28 200lI ~ NICOLE FLENNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-3165 CML ACTION - LAW MATTHEW FLENNER, Defendant IN CUSTODY ORDER J-c, AND NOW, this ;;) I) . day of June, 2006, the Conciliator appearing at the hearing scheduled for June 23, 2006 and no parties in attendance, the Conciliator relinquishes jurisdiction pending contact by one of the parties to reschedule a hearing. '::,:'~fYJ ,; : IlIIV 62 (;";'i7 j.:.JU(.