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HomeMy WebLinkAbout06-7274 12A2]/2005 09:49 717-751-7572 KOPE & ASSOCATES PAGE 02/02 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com Attorney for Plaintiff LORI L. SCANDLE, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Cll.. - "l2'1ll CU.>. L '--r ~ vs. DARRELL K. SALMOND, Defendant. : CIVIL ACTION - LAW : I N CUSTODY NOT ICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 . .. , r KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY 1.0. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com Attorney for Plaintiff Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'- -72.~'I C.lCj~l J~ LORI L. SCAN OLE, vs. DARRELL K. SALMOND, Defendant. CIVIL ACTION - LAW IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Lori L. Scandle residing at 7043 Carlisle Pike #321, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Darrell K. Salmond currently residing at Dauphin County Work Release Center, 917/919 Gibson Boulevard, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff seeks primary physical and sole legal custody of the following children: NAME PRESENT RESIDENCE AGE Jeffrey D. Scandle 7043 Carlisle Pike #321 Carlisle, PA 13 years old D.O.B. 11/26/1993 Janee' L. Salmond 7043 Carlisle Pike #321 Carlisle, PA 7 years old D.0.B.08/17/1999 4. Jeffrey D. Scandle and Janee' L. Salmond (hereinafter the "children") were born out of wedlock. '- ... 5. The children are presently residing with the Plaintiff. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Lori L. Scandle 7043 Carlisle Pike #321 March 6, 2004 - Present Carlisle, PA Lori L. Scandle 251 Marlette Drive Darrell K. Salmond (sporadically) Mechanicsburg, PA 1999 - March 6, 2004 7. The mother of the children is Lori L. Scandle, currently residing at 7043 Carlisle Pike #321, Carlisle, Cumberland County, Pennsylvania. She is unmarried. 8. The father of the children is Darrell K. Salmond, currently residing at Dauphin County Work Release Center, 917/919 Gibson Boulevard, Harrisburg, Dauphin County, Pennsylvania. He is unmarried. 9. The relationship of Plaintiff to the children IS that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Jeffrey D. Scandle Janee' L. Salmond Child Child 10. The relationship of Defendant to the children is that of Father. It is unknown at this time specifically with whom the Defendant currently resides as the Defendant currently resides at the Dauphin County Work Release Center. .. 11. Plaintiff has not participated as a party In previous litigation concerning the custody of the children. 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. Plaintiff is requesting sole legal and full physical custody of the children subject only to visitation by Defendant with Plaintiffs consent. 14. The best interest and permanent welfare of the children will be served by the granting relief requested because: (a) The Plaintiff is able to provide a secure environment for the children in the home that the children have known for the past three years; (b) The Defendant does not have the home environment nor the desire needed to raise the children; (c) The Defendant has not shown any responsibility or care in raising the children; (d) Plaintiff is able to provide a stable home and emotional environment for the children; and (e) Plaintiff has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. ,. 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff full physical and sole legal custody of the children. Respectfully Submitted, Dated: /:2 - ;; tJ - CJ (, By: . . .' YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUM BELAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 .. . . . VERI FICA TION I, Lori L. Scandle, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: /-;). ~ ;) D -0 '" i~~~ Lori L. Scan e ^i (:.\ ~ n .- ' 1 c:.' (~) \... c~ ......... t.:;;;~ -n ....... c:J .-\ J..j rq -r'" . C) r:l:D ......... ~ () f'",; c.~ ~ (.n c.) - () :.- ~';)i .c:: .,.i'.~) :D ~ C> f! --;.... ., ~ 0) ~~~~t r- i:..... :~J cr -< ~ ~ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com Attorney for Plaintiff LORI L. SCANDLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. ~{, -7 'J- 7'-1 vs. DARRELL K. SALMOND, Defendant. CIVIL ACTION - LAW IN CUSTODY STIPULATION AND NOW, this l.:Lth day of December, 2006, it is STIPULATED and AGREED by and between the parties, Lori L. Scandle ("Mother") and Darrell K. Salmond ("Father"), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor children Jeffrey D. Scandle, born November 26, 1993, and Janee' L. Salmond, born August 17, 1999, (hereinafter the "Childen") shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that the Mother will have sole legal custody of the Children. The parties agree that major decisions concerning the Child, including, but not limited to, the Child's health, welfare, education, religious training and upbringing shall be made by the Mother. 1 2. Primary Physical Custody: It is the intention of the parties and the parties agree that the Mother will have primary physical custody of the Children. 3. Visitation and Partial Physical Custody: Father shall have visitation of the Children only upon consent by the Mother, and under such conditions and at such times and places as she deems fit. 4. Transportation: Should the Mother consent to visitation at any time, the Father will bear the responsibility of transportation for the Children. Should Mother prefer to provide transportation at any time, she may opt to do so without violation of this Agreement. 5. Should the Father have physical custody of the Children at any time for any reason, the Father must provide the Mother with a phone number and address where she may contact the Children. The Father should be promptly and politely responsive to the Mother's telephone calls. 6. During any period of custody or visitation the Father shall not possess or use any controlled substance, nor shall he consume alcoholic beverages to the point of intoxication, nor shall he smoke cigarettes inside the residence or vehicle. The Father shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 7. Telephone Contact: The Father shall only exercise telephone or email contact with the Children by consent of the Mother. 8. No Conflict Zone: When exercising any period of visitation and/or physical custody, the Father agrees not to attempt to alienate the affections of the 2 Children from the Mother and will make a special conscious effort not to do so. The Father shall establish a no-conflict zone for the Children and refrain from and, to the extent possible, shall not permit third parties from making such comments in the presence of the Children whether the Children are sleeping or awake. The Father shall speak respectfully of the Mother whether it is believed the Mother reciprocates or not. Communication must always take place directly between the parties, without using the Children as intermediaries. 9. Applicable Laws: Any provision in this Agreement regarding Child custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 10. Modification: The provision of this Paragraph shall be modified according to applicable law. 11. UCCJEA and PKPA: Should it become necessary for the parties to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, such enforcement shall be, at Father's option, in accordance with the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act of Pennsylvania, 23 Pa.C.S.A. 99 5400-5482 ("UCCJEA") and the United States Parental Kidnapping Prevention Act, 28 U.S.C.A. 9 1738A ("PKPA"). Should it become necessary for the Mother to apply to any court for enforcement of the custody obligations provided for in this Agreement, the Father hereby consents to the entry of any order required by any court or pursuant to 3 the provisions of UCCJA and PKPA, and he will not oppose an application being brought pursuant to these statutes. KOPE & ASSOCIATES, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17102 Tel h ne( r73 , esley . earn, Esquire Attorney or Plaintiff Lori L. Scandle 7043 Carlisle Pike, #321 Carlisle, PA 17015 pf~ft~ Sworn to or affirmed and acknowledged before me by DARRELLK.SALMOND on 'Cbcaxnloef \ 4_,2006 Darrell K. Salmond Dauphin County Prison 501 Mall Road Harrisburg, PA 17 s~ EAL LPNN M BENSCH MotOrY P\I:)lIC ~ff()WN IOROUGM OUMM COUN1V .. 4 Ci 1"'-..) = 0 C c:.:;> "Tl t..~ CJ --I '" PI .., 11 C) r.l r= r',"" fTi en y) (') " -~ ,-.. ('5 In w ( , ~ .-~-;:: ~~ ::0 - (..:' -< ., r""'.........".. "" ,:. .'~::::~;'~~h~'''-.'''''''''1 , ,,"',.",'.' ( .' -, t'~: I ;( ~ - <.... ' ~.- ;l)..;M I i" . ~ ~ fl. 11"':1... J' I ~'- - '" ')" ,. .....".. ~ ;. iJir1r: ~~..~,,_ __:':5U...' Jj Jll~. liri~ DECZ 9200V~ LORI L. SCANDLE, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 6l.... - 7),:1'( C;t>L't-~ vs. DARRELL K. SALMOND, Defendant. : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this 2. cr' day of ~ , 200~, the attached Stipulation signed by the above-captioned parties is approved and entered as an Order of the Court. BY THE COURT: J. /Ill \itNV/\1ASNN3d I I Nn('(') CJ~,J'r/1H~~I^11V\ I\J- · . ......\., __ . 'i" ,__........../v u' tV s+r : II WV E- NVr LDUZ A8'V10NOHlOlJd 3Hl:lO 3a1:1:!CXl3lt:!