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HomeMy WebLinkAbout03-1630HONEY PUNT, Plaintiff, VS. DOUGLAS O'CONNELL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION IN LAW CUSTODY DOCKET NO: 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 you, including child custody, or child visitation. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013-3387 PHONE: (717)249-3166 HONEY PUNT, Plaintiff, VS. DOUGLAS O'CONNELL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION IN LAW CUSTODY DOCKET NO: ~..~ _ 11.e3 o COMPLAINT FOR CUSTODY 1. The Plaintiff is Honey Punt an adult individual residing at 4 Stonehedge Way, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Douglas O'Connell an adult individual residing at 812 E. Chocolate Avenue, Hershey, Dauphin County, Pennsylvania 17033. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Jacob Douglas O'Connell 4 Stonehedge Way 5 Months (10-24-02) Carlisle, PA 17013 The child was bom out of wedlock. The child is presently in the custody of Plaintiff who resides at 4 Stonehedge Way, Carlisle, Cumberland County, Pennsylvania 17013. During the past five months the child has resided with the following persons and at the following addresses: Name Mother/Father Mother and Maternal Aunt Address 812 E. Chocolate Avenue Hershey, PA 17033 4 Stonehedge Way Carlisle, PA 17013 Date Birth to 1/24/03 1/24/03 to present The mother of the child is Plaintiff, currently residing at 4 Stonehedge Way, Carlisle, Cumberland County, Pennsylvania 17013. She is single. The father of the child is Defendant, currently residing at 812 E. Chocolate Avenue, Hershey, Pennsylvania 17033. He is single. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons: Name Relationship Joan Ewing Aunt 5. The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons: Name Relationship Samantha Daughter Alexander Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. 7. relief requested because: a. Plaintiff is in the best position to provide a stable, responsible environment for the raising of the child. b. Plaintiff is more stable, more capable of providing the proper parental care, and can better provide for the physical and emotional needs of the child. c. Plaintiff is breastfeeding the child and is concerned about the child's health if the child is away for an extended period of time. d. Plaintiff is concerned about Defendant's parental care and supervision of the minor child when he is in Defendant's care. The best interest and permanent welfare of the child will be served by granting the 8. 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 below, 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 Address Basis of Claim None WHEREFORE, Plaintiff requests the court to grant her primary physical and legal custody of the child. Respectfully submitted, Melissa L. Van Eck, Esquire I.D. No. 85869 203 West Caracas Avenue, Suite 201 Hershey, PA 17033 (717) 540-5406 (Attorney for Plaintiff) VERIFICATION I, Honey Punt, verify that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information and belief. 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: Honey P~tnt (J HONEY PUNT PLAINTIFF DOUGLAS O'CONNELL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1630 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 11, 2003 , 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 301 Market Street, Lemoyne, PA 17043 on Thursday, May 15, 2003 at 11:00 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: /si 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 HONEYPUNT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1630 CIVIL TERM DOUGLAS O'CONNELL, Defendant CIVIL ACTION - LAW iN CUSTODY TEMPORARY ORDER OFCOURT AND NOW, this ~ day of I~y, !003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Honey Punt and Douglas O'Connell, shall have shared legal custody of the minor child, Jacob Douglas O'Connell, born October 24, 2002. 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 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. Physical Custody. Mother shall have primary physical custody. Father shall have periods of partial custody which shall be arranged as follows: A. Effective May 20, 2003, each Tuesday and Thursday evening from 5:15 until 8:30 p.m. Mother shall provide transportation incident to these periods of custody. B. Effective May 25, 2003, each Sunday from 11:00 a.m. to 8:00 p.m. Father shall provide transportation at the beginning of his period of custody. At the end of Father's period of custody, the parties will meet for the custodial exchange at the Summerdale Diner, unless otherwise agreed. C. Effective July 11, 2003, Father weekly periods of custody provided under Paragraph 2B shall be modified as follows: On alternating weekends, Father shall have custody from 4:30 p.m. on Friday until Saturday Noon and Sunday at 11:00 a.m. until Sunday at 8:00 p.m. At the beginning of Father's alternate weekends on Friday afternoon, the parties shall meet for the custodial exchange at the One Stop Market on Forster Street in Harrisburg. Father shall provide the transportation at the conclusion of his period of custody on Saturday at Noon by returning the child to Mother. NO. 03-1630 CIVIL TERM 3. The Custody Conciliation Conference shall reconvene on August 11, 2003 at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes that the parties will review Father's custodial time to consider expansion to include full custodial weekends. BY TH R~ Dist: Honey Punt, 4 Stonehedge Way, Carlisle, PA 17013 ~ Melissa Van Eck, Esquire, 203 W. Caracas Avenue, Suite 201, Hershey, PA 17033 ,~'~--~ Douglas O'Connell, 812 E. Chocolate Avenue, Hershey, PA 17033 ~ /.,. o 5.03 .. HONEY PUNT, Plaintiff : DOUGLAS O'CONNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1630 CIVIL TERM CIVIL ACTION - LAW 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 Jacob Douglas O'Connell DATE OF BIRTH October 24, 2002 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on May 15, 2003 following Mother's April 9, 2003 filing of a Complaint for Custody. Present for the conference were: the Mother, Honey Punt, and her counsel, Melissa Van Eck, Esquire; the Father, Douglas O'Connell, attended pro se. 3. The parties reached an agreement in the form of an Order as attached. The parties recognize the need for a temporary Order under the circumstances which included the baby's young age. Date Melissa Peel Greevy, E~squire Custody Conciliator :213626 HONEY PUNT, :IN THE COURT OF COMMON PLEAS OF Plaimiff :CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS O'CONNELL, Defendant :CIVIL ACTION-LAW :CUSTODY :NO. 03-1630 CIVIL TERM PRAECIPE TO WITHDRAW APPEARANCE AND NOW, this ~_~day of% appearance on behalf of the Plaintiff, Honey Punt. 2003, Melissa L. Van Eck withdraws her Respectfully submitted, Melissa L. Van Eck, Esq. Attorney ID No. 85869 203 West Caracas Ave., Suite 201 Hershey, PA 17033 (717)540-5406 PRAECIPE TO ENTER APPEARANCE AND NOW, this ~.5~ day of~ 2003, the Family Law Clinic, hereby enters its appearance on behalf of the Plaintiff, Honey Punt. Respectfully submitted, Erin L. Benson Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 HONEY PUNT, · 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS O'CONNELL, Defendant : CIVIL ACTION - LAW : CUSTODY NO. 03-1630 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPEKIS Kindly allow Honey Punt, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date: July 17, 2003 Certified Legal Intern HqM~S M(PLACE ROBOT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 HONEY PUNT, Plaintiff DOUGLAS O'CONNELL, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA iCIVIL ACTION-LAW :CUSTODY :NO. 03-1630 CIVIL TERM CERTIFICATE OF SERVICE I, Erin L. Benson, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of the Order of Court dated July 8, 2003 on Defendant Douglas O'Connell at 812 East Chocolate Avenue, Hershey, Pennsylvania, 17033, by depositing a copy of the same in the United States mail, First Class, postage prepaid on July 9, 2003. Date: Erin L. Benson Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA. 17013 (717) 243-2968 '~hh EO00 O~SE Ifil Complete items 1, 2, and 3. ~ complete item 4 if Restricted Delivery is desired. Pdnt your name and address on the revel'se so that we can return the card to you. Attach this card to the back of the mailpisoe, or on the front if space permits, A. Pm~d by (t~ase Print ~ 3. Service Typ~ ~'~Cert fled Ma [] Express Mail [] Registered ~etum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Re~cted Delivery? (Extra F~e) ~es 2. Article Number (Copy from service label) '7 ol oT,s" 003 5/5,',t/ PS Form 3811, July 1999 , Domestic Return Receipt 102595-99-M-1789 SEP 1 2 2003 HONEY PUNT, Plaintiff DOUGLAS O'CONNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1630 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this l~'~k day of September, 2(:103, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Le,qal Custody. The parties, Honey Punt and Douglas O'Connell, shall have shared legal custody of the minor child, Jacob Douglas O'Connell, born October 24, 2002. 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 Pa. C. S. §5309, each parent shall be entitled to all reco~rds and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that paren,t 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. Physical Custody. Mother shall have primary physical custody. Father shall have periods of partial custody which shall be arranged as follows: A. Effective September 3, 2003, during Week One, Wednesday from 5:15 to 8:30 p.m. and either Saturday from 10:00 a.m. to 6:00 p.m. or Sunday from 11:00 a.m. to 6:00 p.m. Father will notify Mother of his choice by Wednesday of his Saturday or Sunday choice. B. Effective September 11, 2003, during Week Two alternating with Week One, Thursday evenings from 5:15 p.m. until 8:30 p.m. and Friday from 4:30 p.m. until 7:30 p.m. Saturday. C. In the event the child would wean himself, the parties would work together to gradually increase Father's time to expand to alternating full weekends from Friday evening until Sunday evening. NO. 03-1630 CIVIL TERM 3. Transportation. While Mother has no vehicle of her own, Mother will assist as she is available on the weekday transportation. Father will provide transportation incident to his weekend custodial periods at present. However, the goal will be for the parties to sharo equally in the transportation when Mother obtains her own vehicle. 4. The Custody Conciliation Conference shall reconvene on January 12, 2004 at 11:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. BY TH~ Dist: .,l~ucy Johnston Walsh, Esquire, Dickinson School of Law, Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013 l~_ara Mam,a, na, CLI, Dickinson School of Law, Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013 Douglas O Connell, 812 E. Chocolate Avenue, Hershey, PA 17033 O -Ib'oB HONEY PUNT, Plaintiff DOUGLAS O'CONNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NC). 03-1630 CIVIL TERM CIVIL ACTION - LAW 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 cihild who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Jacob Douglas O'Connell October 24, 2002 Mother 2. A Custody Conciliation Conference was held on August 14, 2003 as had been contemplated at the time of the May 15, 2003 Custody Conciliation. Present for the conference were: the Mother, Honey Punt, and her counsel, Lucy Johnston Walsh, Esquire and Dickinson School of Law Certified Legal Intern, Lara Mamana; the Father, Douglas O'Connell, attended pro se. 3. The parties reached an agreement in th~form of an/)Drder as attached. Date Melissa Peel Greevy, Esquire Oustody Conciliator :218134 HONEY PUNT, Plaintiff DOUGLAS O'CONNELL, Defendant JAN 1 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1630 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ~ ~ ~' day of January, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of September 15, 2003 is hereby VACATED and replaced with the following: 1. Leqal Custody. The parties, Honey Punt and Douglas O'Connell, shalt have shared legal custody of the minor child, Jacob Douglas O'Connell, born October 24, 2002. 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 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. Physical Custody. Mother shall have primary physical custody. Father shall have periods of partial custody which shall be arranged as follows: A. Effective January 17, 2004 on alternating Saturdays from 10:00 a.m. to 6:00 p.m. B. Effective January 25, 2004 on alternating Sundays from 11:00 a.m. to 7:00 p.m. 3. Transportation. Transportation shall be provided by the parent receiving custody. If Father has not arrived by one-half hour after the commencement of his custodial time, and no call has been received by Mother indicating that Father is enroute, Mother shall be free to proceed with alternate plans without further delay. NO. 03~1630 CIVIL TERM 4. For the period eight (8) hours before and throughout any period of custody, neither parent shall consume alcoholic beverages. 5. Vacation. Mother shall be entitled to vacation for the period from June 12, 2004 through June 19, 2004. In the event that Father misses custodial time by reason of Mother's vacation, Father shall have a make-up day within four (4) weeks of Mother's return from vacation. 6. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. 7. Christmas. Mother shall have custody each year for Christmas Eve until December 25~at 2:00 p.m. Upon one (1) week notice and a request from Father, Father shall have custodial time on Christmas Day to commence after 2:00 p.m. 8. Easter. Mother shall have custody each year from Easter Saturday until Easter Sunday at 2:00 p.m. Upon one (1) week notice and a request from Father, Father shall have custodial time on Easter Sunday to commence after 2:00 p.m. 9. In the event that Father is aggrieved by the terms of this Order, he shall retain the right to file a Petition for Modification with the Court and the matter will be referred once again to the Custody Conciliator. BY TI-~ Edward E. Guido, J. Dist: ~nne MacDonald-Fox, Esquire, Dickinson School of Law, Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013 ~'Lara Mamana, CLI, Dickinson School of Law, Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013 ~/Douglas O'Connell, 812 E. Chocolate Avenue, Hershey, PA 17033 HONEY PUNT, Plaintiff DOUGLAS O'CONNELL, Defendant JAN ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1630 CiViL TERM CiViL ACTION - LAW 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 OFBIRTH CURRENTLYINTHECUSTODY OF Jacob Douglas O'Connell October 24, 2002 Mother 2. A Custody Conciliation Conference was held on January 12, 2004 as had been agreed at the Custody Conciliation Conference which the parties attended on August 14, 2003. This Court's Order of September 15, 2003 included the scheduling of the Conference. Therefore, the parties were notified of the hearing date when the Order was distributed. Father's Order was mailed to him at the residential address which he had confirmed at the two prior Custody Conciliations. Attending the January 12, 2004 Custody Conciliation were: the Mother, Honey Punt, and her counsel, Anne MacDonald-Fox, Esquire and Certified Legal Intern, Lara Mamana. The Father, Douglas O'Connell, did not attend the Conference, nor did the Father call seeking to reschedule the Conciliation Conference. 3. Mother's position on custody is as foilow,~: Mother was very surprised that Father did not appear. She reports she is still breastfeeding Jacob. She reports that the parties have not been following the custodial schedule listed in the Order of September 15, 2003. She reports this is because Father has not been coming for the child when he was scheduled to have his periods of custody. She believes that this was partly due to difficulty affording gasoline and partly because of the continuing responsibility he has for children to other relationships. Mother reports that as a result of Father's failure to exercise custodial time provided in the Order, she has not been able to hold the job which she had obtained at Wal-Mart. Mother reports that the child has had no contact with his Father since November 27, 2003. When he does contact Mother, he frequently wants to have her provide the transportation. Mother also reports that on one occasion when Father came to pickup the child for custodial time at Thanksgiving, Father had alcohol on his breath and returned the NO. 03-1630 CIVIL TERM child almost one hour later than the agreed upon time. Although the parties had contemplated using this third Custody Conciliation Conference to increase Father's custodial time, Mother is no longer willing to do so. 4. The Conciliation was not dismissed for one (1) hour in order to give Father an opportunity to appear or call. However, Father did not attend or call. 5. In the absence of any information from Father to the contrary, the Conciliator recommends modification of the Order as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :223092