HomeMy WebLinkAbout02-5399
RA YMOND LEE ROBINSON,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYL VANIA
vs.
: NO.O?.. -SJ"I't CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
JENNIFER LYNNE MELLINGER,
DEFENDANT
NOTICE 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 ALA WYER 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 P A 17013
(717) 249-3166
1-800-990-9108
RAYMOND LEE ROBINSON,
PLAINTIFF
vs.
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.O~ - 53cn CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
JENNIFER LYNNE MELLINGER,
DEFENDANT
COMPLAINT FOR CUSTODY
AND NOW, comes the Plaintiff, RAYMOND LEE ROBINSON, by and through his
counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P .c., and files
this Complaint for Custody upon a cause of action of which the following is a statement:
1. The Plaintiff (hereinafter sometimes referred to as "Father") is RAYMOND LEE
ROBINSON who currently resides at 407 Brookview Court, Mechanicsburg, Cumberland
County, Pennsylvania, 17050.
2. The Defendant (hereinafter sometimes referred to as "Mother") is
JENNIFER LYNNE MELLINGER, who does not wish to reveal her residence and is requesting
all documents be sent to her counsel, Marylou Matas, Esquire, at Griffie & Associates, 200
North Hanover Street, Carlisle, Pennsylvania, 17013.
3. Plaintiff seeks Shared Legal and Shared Physical Custody of the following child:
Name
Present Residence
Date of Birth
ANDRE DAVID ROBINSON
Unknown
September 30,1996
4. The child was born out of wedlock.
5. The child is presently in the custody of the Defendant, who resides at address
unknown.
6. Since the child's birth the child has resided with the following persons at the
following addresses:
PERSONS
ADDRESS
DATES
Defendant
Unknown
October 25, 2002 to Present
Plaintiff and Defendant
407 Brookview Court
Mechanicsburg, P A
September 30,1996 to
October 25, 2002
7. The Mother of the child is the Defendant, Jennifer Lynne Mellinger, who
currentl y resides at an unknown address. The Mother is single.
8. The Father of the child is the Plaintiff, who currently resides at 407 Brookview
Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Father is single.
9. The relationship of the Defendant, Jennifer Lynne Mellinger, to the child is that of
the Natural Mother. Mother currently resides with the child.
10. The relationship of the Plaintiff, Raymond Lee Robinson, to the child is that of
the Natural Father. Father currently resides alone.
11. The 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.
12. Plaintiff has not participated as a party in any prior custody agreement
concerning the custody of the child in any other court in Pennsylvania.
13. Plaintiff has no information of a custody proceeding concerning the child pending
in a court of this Commonwealth at this time.
14. The best interests and permanent welfare of the child will be served by granting
the relief requested because:
A. Father has always been the primary caregiver of his son;
B. Father and son have a close physical and emotional bond with each
other;
C. Mother left the couple's residence taking the parties' child with her
and refusing to allow Father to see his son;
D. Father does not wish to keep his son from visitation with his
Mother and would cooperate fully in a joint physical custody schedule
with the Defendant;
E. Father believes it is in his son's best interests to have a close
relationship with both his Father and Mother;
15. Each parent whose parental rights to the child have not been terminated and
the person who has physical custody of the child have been named as parties to this
action.
WHEREFORE, Plaintiff, RAYMOND LEE ROBINSON, requests this Honorable
Court award he and Defendant, JENNIFER LYNNE MELLINGER, SHARED LEGAL and
SHARED PHYSICAL CUSTODY of the minor child, ANDRE DAVID ROBINSON.
Respectfull y submitted,
Dated: November .s , 2002
LAW FIRM OF SUSAN KAY CANDIELLO, P.c.
, -~
~. '\
usan Kay Candi
Counsel for Plai tiff
PA LD. # 64998
5021 East Trindle Road
Suite 100
Mechanicsburg P A 17050
(717)796-1930
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document 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. ~4904 relating to unsworn falsification to authorities.
DATED: /0/.:5 / II~ C
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RA ND LEE ROBINSON
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RAYMOND LEE ROBINSON
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
v.
02-5399 CIVIL ACTION LAW
JENNIFER LYNNE MELLINGER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, November 14, 2002
, 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, Mechanicsburg, PA 17055 on Tuesday, December 10, 2002
, the conciliator,
at 8:30 AM
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/
Dawn S. Sundt(y, 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, Permsylvania 17013
Telephone (717) 249-3166
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RAYMOND LEE ROBINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
02-5399
CIVIL ACTION LAW
JENNIFER LYNNE MELLINGER,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, th;, :l ) '" day of ~ · r , 2003,
upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows:
1. The parties shall engage in a course of coparenting counseling with Elaine Rissinger, or
other professional selected by agreement ofthe parties. The purpose of the counseling shall be to
assist the parties in establishing sufficient communication and cooperation to enable them to
effectively coparent their Child. The parties shall follow the counselor's recommendations with
respect to the frequency and duration of counseling sessions. The parties agree that the Child shall also
continue in his current course of counseling with Elaine Rissinger. The parties shall equally share
responsibility for all costs of counseling which are not reimbursed by insurance coverage.
2. The Father, Raymond Lee Robinson, and the Mother, Jennifer Lynne Mellinger, shall have
shared legal Custody of Andre David Robinson, born September 30, 1996. Each parent shall have an
equal right, 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. Pursuant to the terms of this paragraph each parent shall be entitled to all
records and information pertaining to the Child including, but not limited to, school and medical
records and information.
3. The Mother shall have primary physical custody of the Child.
4. Until the Father's friend moves out of the residence, the Father shall have partial physical
custody ofthe Child during alternating weekends on Saturday from 10:00 am until 8:00 pm and on
Sunday from 10:00 am until 8:00 pm, beginning Saturday, January, 18,2003. At such time as the
Father's friend moves out of his residence, the Father shall have custody of the Child during
alternating weekends from Friday at 6:00 pm through Sunday at 6:00 pm. In event the Father has to
work on a Saturday morning during his weekend period of custody, the Mother shall have custody of
the Child during the Father's unavailability. The Father shall also have custody ofthe Child every
Tuesday and Thursday from 5:30 pm until 8:00 pm, beginning Thursday, January 16,2003.
5. If the counselor recommends weekday overnight periods of custody during the school year,
the parties agree to cooperate in discussing expansion of the partial custody schedule.
6. Both parties shall have the opportunity to spend time with the Child during each holiday
period as arranged by agreement between the parties.
7. Each party shall be entitled to have extended periods of custody during the summer vacation
each year as arranged by agreement.
8. The Father shall refrain from drinking alcohol both immediately preceding and during all
periods of custody with the Child.
9. The Father shall be responsible to transport the Child to and from the Mother's residence for
exchanges of custody.
10. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
II. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
1.
cc: Susan K Candiello, Esquire, Counsel for Father
Marylou Matas, Counsel for Mother
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RAYMOND LEE ROBINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
02-5399
CIVIL ACTION LAW
JENNIFER LYNNE MELLINGER,
Defendant
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
Andre David Robinson
September 30, 1996
Mother
2. A Conciliation Conference was held on January 15, 2003, with the following individuals in
attendance: the Father, Raymond Lee Robinson, with his counsel, Susan K. Candiello, Esquire, and the
Mother, Jennifer Lynne Mellinger, with her counsel, Marylou Matas, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date
. J(Vn.uI"L<<J /v, ,)003
.
~~
Dawn S. Sunday, Esquire
Custody Conciliator