HomeMy WebLinkAbout02-5191TONYA 0'DONNELL,
Plaintiff,
VS.
JOHN SIPE,
Defendant.
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
: CIVIL ACTION - CHILD CUSTODY
.NOTICE
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 Lawyer Referral Service
4th Floor, Cumberland County Court House
One Courthouse Square
Carlisle, Pennsylvania 17013
717-240-6200
TONYA O'DONNELL,
Plaintiff
VS.
JOHN SIPE,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - CHILD CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Tonya O'Donnell, "mother", an adult individual residing at
42 Parsonage Street, Newville, Cumberland County, Pennsylvania, 17241.
2. The Defendant is John Sipe, "father", an adult individual residing at 1860 Aeronca
Avenue, Carlisle, Cumberland County, Pennsylvania, 17013.
3. Plaintiff seeks primmy physical custody of Sercna M. Sipe who was bom
on October 30, 1998.
4. Serena M. Sipe was born out of wedlock to Plaintiffand Defendant.
5. The child is presently in the custody of Plaintiff, who resides at 42 Parsonage
Street, Newville, Cumberland County, Pennsylvania, 17241.
-1-
6. Since October 30, 1998, the child has resided with Plaintiff's mother, Irene
O'Donnell, at 1337 Pine Road, Carlisle, Cumberland County, Pennsylvania, 17013.
7. Plaintiff, Tonya O'Donnell, is the child's natural mother who currently resides at
42 Parsonage Street, Newville, Cumberland County, Pennsylvania, 17241.
She is not married.
8. Defendant, John Sipe, is the child's natural father, who resides at 1860 Aeronea
Avenue, Carlisle, Cumberland County, Pennsylvania, 17013.
He is married.
9. The relationship of the Plaintiffto the child is that of natural mother. The
Plaintiff currently lives with:
NAME
Christopher Cmuse
Mackenzie Crouse
Serena Sipe
RELATIONSHIP
Plaintiff's Boyfriend
Plaintiff's biological daughter to
Christopher Crouse
Plaintiff's biological daughter to
Defendant
10. The relationship of Defendant to the child is that of natural father. The
Defendant currently resides with:
..NAME
Nicole Sipe
Mason Kennedy
Kasper Sipe
RELATIONSHIP
Defendant's wife
Defendant's stepson
Defendant's biological son to Nicole
Sipe, Defendant's current wife
11. Plaintiff has participated as a party in other litigation concerning custody of Serena
M. Sipe in Cumberland County. The court and docket number of the aforementioned litigation are the
following:
-3-
The Court of Common Pleas of Cumberland County,
November 19, 1998,
No. 98-6493
12. Plaintiffs mother, Irene O'Donnell, who is not a party to this proceeding, has
visitation rights with respect to the child. Irene O'Donnell currently resides at 1337 Pine Road, Carlisle,
Cumberland County, Pennsylvania, 17013.
13. Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth
14. The best interest and permanent welfare of the child will be served by granting
primary physical custody of the child to Plaintiffbecause:
C.
D.
E.
F.
Defendant has threatened Plaintiff, on several occasions, to take the child
from the Plaintiffand leave the area;
Defendant is addicted to alcohol and has been convicted several times for
Driving Under the Influence;
Defendant currently does not have a license to operate a motor vehicle;
Defendant is not interested in forming any kind of rclationship with the
child;
Defendant refuses to purchase telephone services making communication
with Plaintiffextremely cumbersome;
Defendant's present living quarters include only one bedroom to house a
total of four occupants.
-4-
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
Date
~lya O~onnel~ ......
TONYA O'DONNELL
PLAINTIFF
JOHN SIPE
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
02-5191 CIVIL ACTION LAW
:
: IN CUSTODY
ORDER OF COURT.
AND NOW, _ Friday, November 01, 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,
Tuesday, November 19, 2002 at 8:30 AM
at 39 West Main Street, Mech~nicsburg, PA 17055 on
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot bc accomplished, to define and narrow the issues to bc heard by thc court, and to enter into a temporary
order. All children age five or older may also bc present at thc conference. Failure to appear at thc 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:_ Is/
Dawn S. Sunday, 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 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
TONYA R. O'DONNELL,
Plaintiff
JOHN SIPE,
VS.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-5191
CIVIL ACTION LAW
IN CUSTODY
ORDER
AND NOW, this 3rd day of ~, the conciliator, relinquishes jurisdiction in this case
pending the re-filing of a petition under the original docket number (98-6493) or the addition of the
Maternal Grandmother as a defendant in the above captioned proceedings.
FOR THE COURT,
Custody Conciliator
CC:
Edward J. Mimnagh, Counsel for Mother
John Sipe, Father
TONYA R. O'DONNELL,
Plaintiff
JOHN SIPE,
VS.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-5191
· IN CUSTODY
CIVIL ACTION LAW
PRIOR JUDGE: Edward E. Guido
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE. WITH CUMBERLAND COUNTY R
PROCEDURE 1915.3-8, the undersigned Custod,, Conci': ....... ULE OF
,, mttor suomlts the following report:
1.
follows:
NAME
CIVIL
The pertinent information concerning the Child who i.s the subject of this litigation is as
~DATE OF BIRT~ ~ENTLY IN CUSTODY OF
Serena M. Sipe October 30, 1998 Mother / Maternal Grandmother
2. A Conciliation Conference was held on November 20, 2002, with the following individuals
in attendance: The Mother, Tonya O'Donnell, with her counsel, Edward J. Mimnagh, Esquire, and the
Father, John Sipe, who is not represented by counsel.
3. The Mother filed this complaint for custody under new docket number 02-5191, naming only
the Father as a defendant. The parties were able to reach an agreement at the conference as to both
primary custody and partial custody arrangements for the Father. However, the Conciliator became
aware by the end of the conference that the Maternal Grandmother, Irene O'Donnell, actually has
primary physical custody of the Child under a prior Court Order dated November 19, 1998 (docket
No.98-6493). Although the Mother indicated at the conference that she believed her Mother joined
with her request, the Maternal Grandmother subsequently contacted the Conciliator to advise that she
strongly opposed the custody arrangements proposed by the Parents.
4. In light of the fact that the Maternal Grandmother has primary physical custody of the Child
under an existing Court Order and opposes the partial custody arrangements proposed by the Parents,
in this action, in which the Grandmother was not included as a party, no further Order is recommended
at this time. In discussions with the Mother's counsel, it was determined that either a Petition to
Modify Custody under the original docket number would be filed or the new action would be amended
to name the Maternal Grandmother as an additional defendant..As no further communication has been
received fi.om the Mother's counsel since November 22, the cortciliator submits an order relinquishing
jurisdiction pending the Mother's determination of how she wishes to proceed with this matter.
Dawn S. Sunday, E~s~ui~e /
Custody Conciliator