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HomeMy WebLinkAbout03-1509Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. O' DONNELL Plaintiff Ve STACEY L. O'DONNELL Defendant so. o3 ./Ko ¢ Civil Action- Complaint for Child Custody COMPLAINT FOR CUSTODY 1. Plaintiff is Robert L. O'Donnell, (natural father), an adult individual, sui juris,residing at 114 East Portland Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Stacey L. O'Donnell, (natural mother), an adult individual, sui juris, with a current mailing address of 114 East Portland Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: Name Address Age Amanda N. O'Donnell 114 East Portland Street 6 y/o (DOB: 7-29-96) Mechanicsburg, PA 17055 4. The child was bom of the marriage. 5. The child is presently in the primary physical custody of Plaintiff, Robert L. O'Donnell, (natural father) and Defendant Stacey L. O'Donnell, (natural mother), however for the last several years, father has been the primary caregiver of the child. 6. During the last five years the child has resided with the following persons and at the following addresses: Nanle Robert L. O'Donnell Stacey L. O'Donnell Robert L. O'Donnell Stacey L. O'Donnell Address 114 East Portland Street Mechanicsburg, PA 17055 2-C Creekside Dr Mechanicsburg, PA 17055 Date January 2000 to present 1998 to 2000 7. The mother of the child is Stacey L. O'Donnell, 114 East Portland Street, Mechanicsburg, PA, 17055. 8. She is married. 9. The father of the child is Stacey L. O'Donnell, 114 East Port land Street, Mechanicsburg, PA 17055. 10. He is married. 11. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Name Relationship Stacey L. O'Donnell Wife Amanda N. O'Donnell Daughter 12. The relationship of Defendant to child is that of natural mother. The Defendant currently resides with the following persons: Name Relationship Robert L. O'Donnell Husband Amanda N. O'Donnell Daughter 13. Plaintiff, Robert L. O'Donnell, is represented by Lee E. Oesterling, Esquire in regard to this matter. 14. Defendant, Stacey L. O'Donnell, may be represented in this matter, however, at this time specific counsel is not known in regard to this matter. 15. Plaintiff has no information of another custody proceeding concerning the child pending in a Court of this Commonwealth. 16. 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 fights with respect to the child. 17. The best interest and permanent welfare of the child will be served by granting the relief requested because: 18. Plaintiff has been primarily responsible as custodian and caregiver of the child 19. Plaintiff has maintained a relationship with the child that has provided for the child's physical, intellectual, emotional and spiritual well being. 20. Plaintiff believes that defendant intends to relocate with the parties daughter. Plaintiff believes that such a relocation would have a negative impact on the child, would be disruptive to her education and would substantially alter the custodial status quo. 21. 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. All other persons, named who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name NONE 22. her a copy. Address Basis of Claim A copy of this Complaint has been served on defendant by mailing WHEREFORE, Plaintiff, Robert L. O 'Donnell, requests t he court grant him primary physical custody of the child. Respectfully Submitted, LEE E. OESTERLING, LLC ,~ee E. O~sterling~ E's-"quir~" '" Attorney for Plaintiff VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom fiffsification to authorities. Lee E. Oesterling and Associates, LLC 42 East Main Street Mechanicsburg, Pennsylvania 17055 (717) 790-5400 RECEIPT FOR SERVICES Total Fee Current Payment Fee Paid To Date BalanceDue Court Cost Received Balance Due Court Client Attorney 1000.00 264.50 264.50 735.50 110.50 110.50 0.00 Monday, March 31, 2003 Receipt Number 1760-1 ROBERT L. O'DONNELL PLAINTIFF STACEY L. O'DONNELL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1509 CIVIL ACTION LAV~. : IN CUSTODY ORDER OF COURT : AND NOW, Tuesday, April 08, 2003 , upon consideration of ~ attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Melissa P. Gre~vy, Esq. _, the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, May 05, 20~3 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 are five or older may also be present at the conference. Failure to appehr 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 f~om Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to schedule~! 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 con, ply 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, ple~tse contact our office. All arrangements must be made at least 72 hours prior to any hearing or business befor~the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. I~ YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TH~ 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 HAY 0 ? L?003 ROBERT L. O'DONNELL, Plaintiff V. STACEY L. O'DONNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NC). 03-1509 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 6th day of May, 2003, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR TH 0~.~ I,.~issa Peel (~roovy, F:squiro / Custody Conciliator :213O32 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. O' DONNELL Plaintiff, STACEY L. O' DONNELL Defendant No._03-1 ~iO0 Civil Te~rm Civil Action - Custody STIPTrI,ATION FOR PNTR'V OF AN AGRI~,I~,I'~ ¢~RDF, R OF CTI'~qTCfl~V THIS STIPULATION AND AGREEMENT entered into this 3f~th day of April 2003, by and between Robert L. O' Donnell, (hereinafter referred to as "Father") and Stacey L. O' Donnell, (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father, (hereinafter jointly referred to as the "parties"), are the natural parents of one (1) child, namely, Amanda N. O' Donnell, bom .I. ly 99, 1996 ,(hereinafter "child"); 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: 1. Mother and Father shall share legal custody of the child. In accordance therewith, both Mother and Father will keep each other advised and informed of any important decisions or issues affecting the child, including but not limited to: (1) access to all medical records of the child including records of immunizations and inoculations; (2) notice within twenty four (24) hours to the non-custodial parent of any injury or illness of the child necessitating medical treatment or intervention; (3) notice to the non-custodial parent of any major medical procedure, operation or treatment to the child. (4) Access to all school records including report cards and progress reports. Additionally, prior to the start of each school year, Mother shall provide Father with a school schedule to allow Father to arrange other periods of visitation with the child in accordance with this stipulation. 2. Mother and Father shall share physical custody of the children in accordance with the following schedule of custody and visitation (all periods not designated with Mother will be with Father): A. Starting on May 3, 2003 Mother shall have every other Saturday through Sunday starting at 8:00 a.m. on Saturday and ending at 6:00 p.m. on Sunday during the school year and 8:00 p.m during summer vacation. B. Starting on May 10,2003 Mother shall have every Saturday from 8:00 a.m. to 8:00 p.m. C. Mother shall continue to have visitation weekdays from 3:30 p.m. to 5:30 p.m. D. Starting Christmas 2003 Christmas will be divided into two segments A and B. Segment A will be December 24th at 9:00 a.m through December 25~' at 12:00 noon. Segment B will be December 25t~ at noon through 8:00 p.m. on the 26th' Segment A and B shall rotate annually starting with father having segment A in 2003. E. In year 2003 Mother shall have the following holidays: Easter, Fourth of July and Thanksgiving. In year 2003 Father will have the following holidays: Memorial Day, Labor Day. The parties shall reverse this schedule in each sucessive year. F. Mothers day will be with mother and Fathers day will be with father. G. Each party shall have two weeks of uninterrupted and consecutive or non-consecutive summer vacation. Each party will give the other at least two weeks advance notice of when they intend to take their summer vacation. 3. The parties shall have reasonable telephone contact with the child during the other parties periods of physical custody or visitation as the case may be and both Mother and Father shall make all efforts to ensure such contact. 4. The parties shall do nothing that may estrange the child from the development of the child's love or affection for the other party. 5. The parties will endeavor to establish a positive and amicable relationship in recognition of the mutual goal of promoting a happy and healthful relationship that is in the best interests of the child. 6. Neither party shall use alcohol in the presence of the child. 7. The parties hereby agree that any relocation outside of a 100 mile radius of their present address will be subject to a prior relocation hearing before the Corot of Common Pleas of Cumberland County, Pennsylvania unless otherwise agreed upon by the parties in writing. 8. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 9. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 10. The parties hereby stipulate to the entry of the above as an order of court and waive their right to appear before the court for the presentation of this stipulate!on and its incorporation as an order. The parties further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and should either party desire further or require further modification of said Order. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. O' DONNELL Plaintiff, STACEY L. O' DONNELL Defendant No. 0~-I~OQ Civil Terr~ Civil Action - Custody ,~TlPlYI,ATICIN FC~R F, NTRV (~F AN AC~RI~F,I~ {~Rl~l~R C~F C'IT~qTC}D¥ THIS STIPULATION AND AGREEMENT entered into this '~fith day of April 2003, by and between Robert L. O' Donnell, (hereinafter referred to as "Father") and Stacey L. O' Donnell, (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father, (hereinafter jointly referred to as the "parties"), are the natural parents of one (1) child, namely, Amanda N. O' Donnell, born l,,ly ?c~, 1006 ,(hereinafter "child"); 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: 1. Mother and Father shall share legal custody of the child. In accordance therewith, both Mother and Father will keep each other advised and informed of any important decisions or issues affecting the child, including but not limited to: (1) access to all medical records of the child including records of immunizations and inoculations; (2) notice within twenty four (24) hours to the non-custodial parent of any injury or illness of the child necessitating medical treatment or intervention; (3) notice to the non-custodial parent of any major medical procedure, operation or treatment to the child. (4) Access to all school records including report cards and progress reports. Additionally, prior to the start of each school year, Mother shall provide Father with a school schedule to allow Father to arrange other periods of visitation with the child in accordance with this stipulation. 2. Mother and Father shall share physical custody of the children in accordance with the following schedule of custody and visitation (all periods not designated with Mother will be with Father): A. Starting on May 3, 2003 Mother shall have every other Saturday through Sunday starting at 8:00 a.m. on Saturday and ending at 6:00 p.m. on Sunday during the school year and 8:00 p.m during summer vacation. B. Starting on May 10,2003 Mother shall have every Saturday from 8:00 a.m. to 8:00 p.m. C. Mother shall continue to have visitation weekdays from 3:30 p.m. to 5:30 p.m. D. Starting Christmas 2003 Christmas will be divided into two segments A and B. Segment A will be December 24~ at 9:00 a.m through December 25~h at 12:00 noon. Segment B will be December 25th at noon through 8:00 p.m. on the 26th Segment A and B shall rotate annually starting with father having segment A in 2003. E. In year 2003 Mother shall have the following holidays: Easter, Fourth of July and Thanksgiving. In year 2003 Father will have the following holidays: Memorial Day, Labor Day. The parties shall reverse this schedule in each sucessive year. F. Mothers day will be with mother and Fathers day will be with father. G. Each party shall have two weeks of uninterrupted and consecutive or non-consecutive summer vacation. Each party will give the other at least two weeks advance notice of when they intend to take their summer vacation. 3. The parties shall have reasonable telephone contact with the child during the other parties periods of physical custody or visitation as the case may be and both Mother and Father shall make all efforts to ensure such contact. 4. The parties shall do nothing that may estrange the child from the development of the child' s love or affection for the other party. 5. The parties will endeavor to establish a positive and amicable relationship in recognition of the mutual goal of promoting a happy and healthful relationship that is in the best interests of the child. 6. Neither party shall use alcohol in the presence of the child. 7. The parties hereby agree that any relocation outside of a 100 mile radius of their present address will be subject to a prior relocation hearing before the Court of Common Pleas of Cumberland County, Pennsylvania unless otherwise agreed upon by the parties in writing. 8. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 9. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 10. The parties hereby stipulate to the enlry of the above as an order of court and waive their right to appear before the court for the presentation of this stipulation and its incorporation as an order. The parties further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and should either party desire further or require further modification of said Order. 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. ~'~OB~RT L. O' DONN~LL' - -- STACEY L. (~"D(~NNELL (SEAL) (SEAL) Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. O'DONNELL Plaintiff STACEY L. O'DONNELL Defendant No. 03-1509 Civil Term Civil Action - Child Custody ORDER AND NOW, this ~day of ~ro.4 ~. 2003, in consideration of the Stipulation for Entry o f a n A greed Order o f Custody filed b y t he parties to the above-captioned matter, it is ORDERED that said stipulation is hereby made an ORDER OF COURT as if fully set forth herein. BY THE COURT ¥1N¥^~CjNN]d X.LNNOD ABTtOi,~O~LR u ~ii ~0