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HomeMy WebLinkAbout06-5792 ... THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 KYLE L. JACKSON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O~- 679.2.. ~ .-:-- I..u- DANELLE FITZGERALD, DEFENDANT CIVIL ACTION CUSTODY CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Kyle L. Jackson residing at 100 Cherry Lane, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is Danelle Fitzgerald who resides at 117 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff seeks shared legal custody and shared physical custody of the following child: NAME PRESENT RESIDENCE DOB Quinn Lee Jackson 117 Regency Woods North Carlisle, PA 02/06/06 The child was not born in wedlock. The child is presently in the physical custody of Danelle Fitzgerald who resides at 117 Regency Woods North, Carlisle, Pennsylvania. . .. The child has resided with the following persons and at the following addresses: Person Address Date Mother 117 Regency Woods North 09/06 - Present Carlisle, PA Mother & Father 100 Cherry Lane 01/06 - 09/06 Carlisle, PA The mother of the child is Danelle Fitzgerald who resides at 117 Regency Woods North, Carlisle, Pennsylvania 17015. She is not married. The father of the child is Kyle L. Jackson who resides at 100 Cherry Lane, Carlisle, Pennsylvania 17015. He is not married. 4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: None 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship Quinn Lee Jackson Diane Heron Tim Heron Daniel Fitzgerald Son Mother Father Brother 2 .. 6. Neither party has participated as a party or witness, or In another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff can properly care for his child. B. Plaintiff can provide a stable and loving home. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant him joint legal custody and shared physical custody of his child. Respectfully submitted, -;&.... Y). ~ Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 3 .. VERIFICATION I, Kyle L. Jackson, hereby certify that the foregoing CUSTODY COMPLAINT is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are mad~ subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 10/3/0 6 *i!~ K e L. Jackson Plaintiff 4 '0J;~;50 ~~ V\ U1 ~ '^) ~ ~ ~ ~ ~, C) f;; 1",) = c..:..J er- a C-:l -I I W o " -l :J:-n nl- ::-or,::; :~16 I"" _"',',1 ~jf;~ :;J ~ .< ~ -~ ~ .r:- (.;1 .. KYLE L. JACKSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-5792 CIVIL ACTION LAW DANELLE FITZGERALD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 11, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mecbanicsburg, PA 17055 on Tuesday, November 14.2006 , the conciliator, at 12:30 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 hearinf!. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator fIl' I 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 17013 Telephone (717) 249-3166 ~r'9 r:? ~ ~ 1rNhJI . * % ~ ~J?, 'I,NI-ill ~p~~.Mv.P? ~'INJI ...... Ic/il\\''-''l' (' , I i, 'I vi' l,,~'i\b,\:.ld \ ~ll\\("\r"",,-- '--:'." _ - "l!...J_ I\..d'\ It ! " .". .., " .,",'-'~lf''\I''I .~_.._,' _ ' i'_'::_;~~~Y \; tv L S :01 \.\\1 \ \ 1:30 qUal . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KYLE L. JACKSON, Plaintiff, No. 06-5792 v. Civil Action - Custody DANELLE FITZGERALD Defendant STWTTT ,A TTON FOR RNTRV OF AN AGRRRD ORDRR OF CTTSTODV TIllS STIPULATION AND AGREEMENT entered into this, :J::) tel _o:-I~r day of 2006, by and between Danelle Fitzgerald, (hereinafter referred to as ("Mother") and Kyle L. Jackson (hereinafter refereed to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following child, by the name of QUINN L. JACKSON, (hereinafter referred to as"Childtl), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the child. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. :. 1. The Mother shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The parties shall have SHARED LEGAL CUSTODY. 3. The Father shall have PARTIAL PHYSICAL CUSTODY of the child, which shall consist of the following schedule as hereinafter outlined. (a) The father shall have custody of the child every other weekend to commence at 9:00 a.m. Saturday morning until Sunday the next day at 7:30 p.m.. (b) The Father shall have custody of the child, Wednesday of every week to commence at 9:00 a.m. Wednesday morning and shall return the child to mother Thursday the following day at 10:00 a.m. (c) The Mother shall have custody of the child at all other times that the Father does not have custody as outlined above. (d) The Father shall have custody of the child on Christmas Eve to commence at 9:00 a.m. Christmas Eve and he shall return the child to Mother at 8:00 p.m. the same day. (e) The New Years Eve holiday shall alternate as between Mother and Father. (f) Father shall have the child on Thanksgiving Day, from 9:00 a.m. and shall return the child to Mother at 6:00 p.m. the same day. (g) Father shall receive the child on Father's Day and Mother shall receive the child on Mother's Day with each party to receive the child at 9:00 a.m. (h) Father shall have the child on the Saturday before Easter to commence at 10:00 a.m. and to return the child to Mother on Easter Sunday morning at 9:00 a.m.. (i) On all other holidays not specifically enumerated within this agreement all other holidays shall .... , alternate as between the parents. G) Each parent shall have two (2) non-consecutive weeks with the child for the purpose of vacation to be exercised by that parent at any time during each year. . (k) Neither party will remove the child from the Commonwealth of Pennsylvania without the express consent from the other parent. Provided consent is given each party shall provide to the other the name, address, and telephone number(s) where the parent shall be staying while outside of the Commonwealth of Pennsylvania in case of an emergency. (1) The holidays shall take precedence over the regular periods of custody with the child. (m)This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (n) The modification of this agreement by mutual consent of the parties may be rescinded by either party at any time and the rescinding party can insist that the original terms, conditions and restrictions of this agreement shall be adhered to as provided for herein. (0) The parties hereto intend to be legally bound by the terms of this agreement. (P) The party receiving custody shall provide transportation relative to the custody exchanges. -. ~ 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 herein set forth. -p_lh ~d Danelle Fiti Id COMMONWE~THOFfE~SYLV~A COUNTY OF {:lJ/YYI ~L..(lI/}~ : s.s BE IT REMEMBERED, that on this I P 'tIl. , day of, ~(!~ ' 2006 personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Danelle Fitzgerald party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. -. e the day, month and year aforesaid ,.JftMh j.... ;<. Jamtilj Notary Publi(Q 7 ' ., ~ - t:' ~,? f.~'''-'''r~_::' ,,~- " IN\-~NESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set fortb their hands and seals the day and year herein set forth. ~< Kyle L. ackson COMMONWEAL ~H\!lF P~~~YL VANIA COUNTY OF WM~~ : s.s BE IT REMEMBERED, that on this dYl'f , day of, cxJ0h,/ ,2006 personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Kyle L. Jackson party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me COMMONWEALTH OF PENNSYLVANIA I NOTARIAL SEAL ~ ! DAWN M. SHUGHARt Notary Public : 8OrO of CoI1Is1e. Cumbertand Co""1y MY CommIsSIOn ~ Nov. 28, ,20>> .. . ;P'.''v"_'.___~ jilt' .11-' ..~ _\.It)j~ o ~ 110'. ..... l""'-3 c:::> t;;;> 0.... o C") -4 (..:) o ;.... i......,.f :;:;;;.i' .t:_ ~ -0 :::J;;: W C') OJ ~ .-4 :r:.." n,r:. .,..,m ::t? t~) ,~ ("- \ ()i~ ~5i-Tl ~ :',0 .< OCT 81 2006~ .5 4 ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KYLE L. JACKSON, Plaintiff, No. 06-5792 v. Civil Action - Custody DANELLE FITZGERALD Defendant ORDER OF COURT AND NOW, this '1 "c\ , day of _~f)"e.~\.l.(' , 2006, upon presentation of the foregoing Stipulation For Entry of an Agreed Order of Custody, executed by and between KYLE L. JACKSON, (father) and DANELLE FITZGERALD, (mother) as to the custody of QUINN L. JACKSON hereinafter referred to as ("Child") , IT IS ORDERED THAT: (a) This agreement shall replace all any and all other previous Orders issued by this or any other Court relating to the Custody of the aforementioned child. 1. The Mother shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The parties shall have SHARED LEGAL CUSTODY. 3. The Father shall have PARTIAL PHYSICAL CUSTODY of the child, which shall consist of the following schedule as hereinafter outlined. (a) The father shall have custody of the child every other weekend to commence at 9:00 a.m. Saturday morning until Sunday the next day at 7:30 p.rn.. ( (b) The Father shall have custody of the child, Wednesday of every week to commence at 9:00 a.m. Wednesday morning and shall return the child to mother Thursday the following day at 10:00 a.m. (c) The Mother shall have custody of the child at all other times that the Father does not have custody as outlined above. (d) The Father shall have custody of the child on Christmas Eve to commence at 9:00 a.m. Christmas Eve and he shall return the child to Mother at 8:00 p.m. the same day. (e) The New Years Eve holiday shall alternate as between Mother and Father. (f) Father shall have the child on Thanksgiving Day, from 9:00 a.m. and shall return the child to Mother at 6:00 p.m. the same day. (g) Father shall receive the child on Father's Day and Mother shall receive the child on Mother's Day with each party to receive the child at 9:00 a.m. (h) Father shall have the child on the Saturday before Easter to commence at 10:00 a.m. and to return the child to Mother on Easter Sunday morning at 9:00 a.m.. (i) On all other holidays not specifically enumerated within this agreement all other holidays shall alternate as between the parents. G) Each parent shall have two (2) non-consecutive weeks with the child for the purpose of vacation to be exercised by that parent at any time during each year. . (k) Neither party will remove the child from the Commonwealth of Pennsylvania without the express consent from the other parent. Provided consent is given each party shall provide to the other the name, address, and telephone number(s) where the parent shall be staying while outside of the Commonwealth of Pennsylvania in case of an emergency. (1) The holidays shall take precedence over the regular periods of custody with the child. (m)This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (n) The modification of this agreement by mutual consent of the parties may be rescinded by either party at any time and the rescinding party can insist that the original terms, conditions and restrictions of this agreement shall be adhered to as provided for herein. (0) The parties hereto intend to be legally bound by the terms of this agreement. (P) The party receiving custody shall provide transportation relative to the custody exchanges. BY THE COURT, \~~\ f. t.1 :6 H'J S- AON 900Z I ; ,,",' i (\\,'';1' : ( "~f ::JHl .10 1\0 II.....-..!, ',,>-,.,1 I-'..."~T'....\.,......l .... NOV 15 2006~/ KYLE L. JACKSON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-5792 CIVIL ACTION LAW DANELLE FITZGERALD Defendant IN CUSTODY ORDER AND NOW, this 14th day of November, the conciliator, being advised by plaintiffs counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for November 15,2006, is cancelled. FOR THE COURT, ~/ Dawn S. Sunday, Esquire Custody Conciliator as :6 ~N 91 ,\ON 900l A!:i"vlO[\iUHJCdd 3Hl .:10 38i-J:![;-Q3ll.:l