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HomeMy WebLinkAbout02-2485JUSTIN A. SHIRLEY, Plaintiff NICOLE THOMPSON AYED, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION- CUSTODY Complaint for Custody AND NOW, thisO day of ~'l/~n~ 2002 comes JUSTINA. SHIRLEY., Plaintiff above named, by and through his attorney( John M. Glace, Esquire, and respectfully presents the below Complaint for Custody, and, in support thereof, avers the following: 1. Plaintiff, JUSTINA. SHIRLEY, is a adult individual, who presently resides and has resided for all times relevant to this Complaint at 319 South Sporting Hill Road, Mechanicsburg ( Hampden Township, Cumberland County), Pennsylvania 17055 2. Defendant NICOLE THOMPSONAYED is an adult individual, who now resides at 314 Walnut Lane, Counlry Manor Mobile Home Park,( Middlesex Township, Cumberland County), Carlisle, PA 3. The above parties are the biological parents of JONATHAN ANDERSON SHIRLEY(DOB 8/29/99), who presently resides with the above Defendant Mother. 4. The above minor child was bom out of wedlock. 5. Since the birth of the above minor child he has resided at the below addresses: 319 South Sporting Hill Road (Hampden Township, Cumberland County) Mechanicsburg, PA 17055 1234 Market Street (City of Harrisburg, Dauphin County) Harrisburg, PA 17104 1238 Market Street (City of Hurrisburg, Dauphin County) Harrisburg, PA 17104 314 Walnut Lane Country Manor Mobile Home Park (Middlesex Township, Cumberland County) Carlisle, PA 17013 6. Since the minor child's birth the parties have, without Order of Court, generally agreed upon periods of partial custody for Plaintiff. However since Defendant's marriage to Ale Ayed, a foreign national, Defendant has arbitrarily and capriciously canceled, re-scheduled or otherwise interfered with any partial custody of the minor child by Plaintiff whatsoever. 7. The above arbitrary and capricious acts have caused great distress to Plaintiff and his family. 8. The minor child is of such age and understanding that he and Plalntiffhave established a father-son relationship and the best interests and permanent welfare of the child is most greatly served by the continuation of regular periods of partial physical custody and shared legal custody of that child.. 9. The parties have not previously participated in any Custody Proceeding in this Commonwealth. Nor does Plalntiffhave any information concerning a pendant Custody Proceeding in this Commonwealth, the United States of foreign jurisdiction including Tunisia, the birthplace of Ali Ayed, husband of the Defendant. Nor does Plaintiffhave any knowledge of any person, not party to this action who would have a claim(s) for custody or visitation of the minor child. 10. Each parent, whose parental rights have not been terminated, has been made party to this action. WHEREFORE, above PloJntiffJUSTINA. SHIRLEY respectfully requests this Honorable Court to grant him partial physical custody of his son JONATHAN ANDERSON SHIRLEY in liberal periods of time to be determined by this Honorable Court and thereafter enforced accordingly and further grant him shared legal custody with the Defendant. Respectfully Submitted, THE LAW OFFICE of JOHN M. GLACE ~ ~~l~ ~71aee, Esquire ID: 23933 alnut Street Harrisburg, PA 17101-1612 (717) 238-55 Attorney for Plaintiff VERIFICATION The Undersigned hereby verifies that the facts averred in the foregoing Complaint for Custody are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unswom falsification to authorities. -'Zl-6 z. Date CERTIFICATE OF SERVICF~ I HEREBY CERTIFY that this"~t/<)~ of May, 2002 1 have served a true and correct copy of the foregoing Complaint for Custody, by fu'st class mail, postage pre-paid, upon: Nicole Thompson Ayed 314 Walnut Lane Country Manor Mobile Home Park Carlisle, PA 17013 LAW OFFICES of JOHN M. GLACE a~ k'alnut Street H PA. 17101-1612 717 238-5515 Identification No. 23933 Counsel for Plaintiff JUSTIN A. SHIRLEY PLAINTIFF V. NICOLE THOMPSON AYED DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-2485 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Thursday, May 23, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, June 26, 2002 at 1:00 PM 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 hearing. FOR THE COURT, By: /s/ Sunday. Esq. Dawn S. 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 heating 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 HAVE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JUSTIN A. SHIRLEY, Plaintiff VS. NICOLE THOMPSON AYED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2485 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT upon 'deration of the attached Custody Conciliation Re~ort, it is ordered and directed as follows: 1. The Father, Justin A. Shirley, and the Mother, Nicole Thompson Ayed, shall have shared legal custody of Jonathan Anderson Shirley, bom August 29, 1999. Each parent shall have an equal fight, 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 his health, education and religion. The parties shall cooperate in sharing all information pertaining to the Child and shall communicate directly with regard to issues concerning the Child. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 5:00 p.m. through Sunday at 6:00 p.m. 4. During the summer each year, the Father shall be entitled to have custody of the Child for up to three weeks (to be scheduled non-consecutively unless otherwise agreed) upon providing at least 14 days advance notice to the Mother. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall mn from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall mn from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In every year, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. ALTERNATING HOLIDAYS: The parties shall altemate having custody of the Child on Thanksgiving Day, Easter, Memorial Day, July 4th, and Labor Day. The period of custody on the alternating holiday shall mn from the evening before the holiday at 6:00 p.m. through the holiday at 6:00 p.m. The alternating schedule shall begin with the Mother having custody of the Child on July 4th in 2002. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day with the times to be arranged by agreement of the parties. D. CHILD'S BIRTHDAY: The parties shall equally share having custody of the Child on his birthday each year. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange. 7. Each party shall ensure that the other party has his or her current address and telephone number at all times. 8. The parties agree to communicate directly with each other on issues concerning the Child and return telephone calls to the other parent as promptly as possible. 9. Neither party shall consume alcohol to excess or use illegal drugs during his or her periods of custody. 10. 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 this Order shall control. cc: John M. Glace, Esquire - Counsel for Father Nicole Thompson Ayed, Mother JUSTIN A. SHIRLEY, Plaintiff VS. NICOLE THOMPSON AYED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2485 CIVIL ACTION LAW IN CUSTODY 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 Jonathan Anderson Shirley August 29, 1999 Mother 2. A Conciliation Conference was held on June 26, 2002, with the following individuals in attendance: The Father, Justin A. Shirley, with his counsel, John M. Glace, Esquire, and the Mother, Nicole Thompson Ayed, with her husband, Ale Ayed. The Mother is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. DateTM Dawn S. Sunday, Esquire / Custody Conciliator