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HomeMy WebLinkAbout01-5520ALEXANDER KERRY, Plaintiff KAREN GNAZZO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. : CIVIL ACTION - LAW :IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, the Plaintiff, ALEXANDER KERRY, by and through his attorney, Mindy S. Goodman, Attorney at Law, files a Complaint for Custody against Defendant, and in support thereof avers as follows: 1. The parties are the natural parents of two minor children, born of wedlock, whose names and dates of birth are as follows: ALIXANDRA KERRY-GNAZZO ARIEL KERRY-GNA770 Born April 17, 1990 Born September 4, 1992 2. Plaintiff, ALEXANDER KERRY, is an adult individual currently residing at 1808 Pebble Court, Harrisburg, Dauphin County, Pennsylvania, 17110 3. residing at 4 Briarwood Court, Camp Hill, Cumberland County, Pennsylvania, 17011. 4. Over the past five years, the minor children have lived with their mother at 4 Briarwood Court, Camp Hill, Cumberland County, Pennsylvania, 17011. The Defendant, KAREN GNAZZO, is an adult individual currently 2 5. At the time the parties divorced in 1995, the Marital Settlement Agreement indicated that the parties would share legal custody and physical custody would be awarded to Mother with reasonable periods of partial custody to father as the parties were able to agree. 6. Plaintiff would like to continue having shared legal custody of the minor children, but seeks to modify the agreement with regard to physical custody, and in support thereof avers as follows: a. In order for Plaintiff to see and spend time with his children, he is forced to contact Defendant and, in essence, bet to exercise custody of his children. b. When Plaintiff does get to see his children, which is typically after multiple denials of his request to see his children, he is only permitted to have them for a day or a few hours, in spite of Plaintiff's desire to spend extended periods of time with his children. c. Plaintiff is not seeking primary custody, he simply wishes to establish a regular schedule for him to exercise his partial custody rights without the necessity of begging the Defendant. d. Plaintiff maintains that while he is not currently seeking primary custody, he reserves the right to pursue primary custody if Defendant continues to impede his efforts to spend time with his children. e. Plaintiff maintains that the best interests and welfare of the minor children will be served by defining a specific schedule for him to exercise his partial custody rights, WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant Plaintiff's request to establish a regular custody schedule which will guarantee him specific dates and times to spend with his children. Respectfully submitted, Mindy S. G(~odman, Esquire Attorney ID No. 78407 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-8742 Attorney for Plaintiff 4 I verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Alexander Kerry .// 5 ALEXANDER KERRY : PLAINTIFF V. : 01-5520 : KAREN GNAZZO DEFENDANT : IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, lh'iday, September 28, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Wednesday, October 31, 2001 at 10:30 AM for a Pre-Heating 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/ Melissa P. Greevy. 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 heating. 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 O0:1 ~,td C- lO0 lO ALEXANDER KERRY, VS. KAREN GNA770, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01.-~ CIVIL ACTION - LAW CUSTODY AND NOW, this ~ day of December, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. ~. The parties, Alexander Kerry and Karen Gnazzo, shall have shared legal custody of Alixandra Kerry Gnazzo, born April 17, 1990, and Ariel Kerry Gnazzo, born September 4, 1992. Each parent shall have an equal right, to be exemised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of 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. 2. P~J.y~t~~. Mother shall have primary physical custody subject to Father's rights of partial physical custody which shall be arranged as follows: Effective December 2, 2001, on alternate Sundays from Noon until 6:00 p.m. Subject to at least two weeks notice by Father to Mother of the dates selected, one period of custody to include one overnight with Father each month. Mother shall provide Father with the Children's schedule of non- school activities at least one month in advance so that he can attend any activities which he chooses to attend and for the purposes of scheduling his monthly overnight period of custody with the Children. Father shall have the right to two blocks of summer custody each summer. One block shall be for three days and one block shall be for four days. The parties shall provide thirty days notice to the other party of their planned vacation schedule. In the event that the parties have selected the same week for exercise of summer vacation, the party first No. 01-5220 - Civil Term providing written notice shall be entitled to their choice of the custodial time to be taken. The parties shall provide each other with the telephone number and address where the Children will be located during the exercise of summer vacation periods of custody. 3. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. The parties shall refrain from discussing their differences to include this custody litigation in the presence or earshot of the minor Children. 4. The parties shall participate in co-parent counseling. The focus shall be to address the ~mpact of the parties' ongoing differences and hostilities upon the minor Children who are subject of this Order. Counsel for the parties shall work together to coordinate the selection of a counselor which participates with the benefit plan offered by Mother's employer. 5. This Order is temporary in nature and may be modified by mutual agreement of the parties. In the event that the parties do not agree, either party may petition the Court for an additional Custody Conciliation Conference and review of the Order. Dist: Mindy S. Goodman, Esquire, 2080 Linglestown Road, Harr sburg, PA 17110 ,~ Debra Denison Cantor, Esquire, 2331 Market Street, Camp Hill, PA 17011 '0~ ALEXANDER KERRY, Plaintiff : : vs. : NO. 01-5220 : : CIVIL ACTION - LAW Defendant : CUSTODY KAREN GNAZZO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 Children who are the subject of this litigation is as follows: Alixandra Kerry Gnazzo Ariel Kerry Gnazzo April 17, 1990 September 4, 1992 CURRENTLYIN CUSTODY OF Mother Mother 2. A Custody Conciliation Conference was held on November 19, 2001, with the following individuals in attendance: the Father, Alexander Kerry, and his counsel, Mindy S. Goodman, Esquire; the Mother, Karen Gnazzo, and her counsel, Debra Denison Cantor, Esquire. Date 3. The parties reached an agreement in the ~~Drder as attached. elissa Peel Greevy, Esquire ~-- Custody Conciliator