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HomeMy WebLinkAbout03-2495RACHELLE HOGUE, Plaintiff VS. RAYMOND O'NEAL, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · No. Os-- vq3' : CIVIL ACTION - AT LAW : CUSTODY COMPI,AINT IN CII~TOI)Y AND NOW, the Plaintiff, Rachelle Hogue, by and through her attomey, Jeann~ B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Rachelle Hogue, is an adult individual Who currently resides at 15 Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Raymond O'Neal, is an adult individual. Although Plaintiff has not been notified by Defendant of his address, it is believed that he resides at Mision De Coyame, 6112 E1 Campanado, Chihuahua, Chihuahua, 31280, Mexico· 3. The Plaintiff seeks primary custody of the following child: Name Pre,qent Re.qidenee ~: Dustin Hall 15 Thomas Drive 15 ½ Mechanicsburg, PA 17055 DOB 9/29/1987 4. Over the past five years, the child has recently resided wi.th the following persons and at the following addresses: Name Plaintiff Plaintiff's husband Plaintiff's three sons 15 Thomas Drive Mechanicsburg, PA 1705:5 Dales July 1999 to present Plaintiff 66 Curtis Drive July 1995 to July 1999 Plaintiff's husband East Berlin, PA 17316 Plaintiff's two sons The natural mother of the child is Plaintiff, Rachelle Hogue, currently residing at 15 Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. The natural father of the child is Raymond O'Neal, Defendant, currently believed to be residing in Mision De Coyame, 6112 E1 Campanario, Chihuahua, Chihuahua, 31280, Mexico. The child was born out of wedlock. 5. The relationship of the Plaintiff to the child is that ,of natural mother. The Plaintiff currently resides with the following persons: her husband Thomas Hogue and their sons, Darfian, Dalton, and Devin. The relationship of Defendant to the child is that of natural father. It is unknown with whom Defendant resides. 6. Plaintiff was previously involved as a Defendant in a custody action regarding this child in the York County Court of Common Pleas docketed[ at 94-SU-01665-03. An agreed upon Order of Court was entered May 18, 1994 and is attached hereto as Exhibit A. Plaintiff has filed the instant action in Cumberland County instead of York County because the child has resided with Plaintiff in Cumberland County since 1999 and neither the child nor the parties have had any connection to York County since that time. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation fights with respect to the child. Plaintiff requests this Honorable Court to enter an Order confirming the current custody o arrangement with modification to the summer schedule. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Defendant has on numerous past occasions informed the child that it was up to him how much time he wanted to spend with Defen&tnt in the summer. (b) The child is 15 1/2 years old and no longer wants to spend the bulk of the summer away from home. He wants to start a job so thai he can afford a car and insurance and he has plans to attend the Indian Creek Baptist Camp with his youth group. He also wants to be at home for his brothers' birthday parties and wants to attend a Youth Conference. (c) Defendant will not acknowledge that the child has plans and when e-mailed by his son on May 13, 2003 regarding his son's intended plans, he sent an e-mail reply to his son's e-mail address berating Plaintiff. This e-mail exchange is attached as Exhibit B. 9. Each parent whose parental rights to the child have m)t been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests 'this Honorable Court to enter an order confirming the attached Order of Court with modifications to the provisions addressing summer to reflect changes in the child's schedule. Dated: Jeann6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Rittcr Road, Suite 202 Mechanicsburg, PA 17055 (717) 790-9546 Supreme Ct. ID No. 68735, RACHELLE HOGUE, Plaimiff VS. RAYMOND O'NEAL, Defendant · THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · No. · CIVIL ACTION - AT LAW · CUSTODY VERIFICATION I, Rachelle Hogue, hereby verify that the statements made in the foregoing Complaint in Custody are tree 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 unswom falsification to authorities. Date: '~-o~,~-~9..~ Signature: ~~ Rachelle }~gaC(~ EXHIBIT A IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA RAYMOND O'NEAL VS RACHELLE L. HALL No. 94-SU-01665-03 Civil Action - Law CUSTODY York, Pennsylvania; Friday, May '13, 1994 Before Honorable Penny L. Blackwell APPEARANCES: DONALD B. SWOPE, Esquire For Raymond O'Neal (Father) Plaintiff TIMOTHY E. KANE, Esquire For Rachelle L. Hall (Mother) Defendant Pursuant to representations made to the Conciliator at the pre-hearing conference that an agreement had been reached between the parties, it is ORDERED AND DIRECTED that the parties shall share joint legal custody of their son, Dustin R. Hall, born September 29, 1987. Defendant Mother shall have primary physical custody of said child. Plaintiff Father shall have partial physical custody of ,,said child as follows: 1. On alternate weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m., commencing May 20, 1994. 2. Each summer from 8:00 p.m. on the last day of school until July 31st, which shall supersede the weekend visitation previously recited. 3. On alternate Thanksgiving Day and Easter Sunday holidays, comnlencing two hours af~.er school dismissai for said holiday vacation until 6:00 p.m. on the day before the child's school vacation is over; with Easter to be exercised in even numbered years, commencing in 1994 and Thanksgivingl Day to be exercised in odd numbered years, commencing in 199!.5; with the exception that in 1994 Father shall also have Thanksgiving Day in accordance with the foregoing schedule. 4. During the Christmas holidays, commencing in 1994 and in even numbered years thereafter, from Christmas Eve at 9:00 p.m. until New Year's Day at 6:00 p.m.; commencing in 1995 and in odd numbered years thereafter, from two hours after school dismissal for said holiday until Christmas Eve at 9:00 p.m. Holiday visitation also supersedes weekend visitation,provided that when the holiday falls on Monday, the visitation for Father would extend to 6:00 p.m. on that holiday. Father shall provide all transportation under the terms of this agreement. Provided, however, that at such time as Mother is able to provide transportation, this matter may be reviewed fudher. Plaintiff and Defendant shall acknowledge that it is in the best interests of the minor child that each parent keep the other informed with regard to the minor child's progress, academically, and of any change in his health or any medical crisis. Plaintiff and Defendant shall agree to consult with each other and to each have an equal input with regard to any major decisions which will impact upon the child's academic progress and/or physical or mental health. Plaintiff and Defendant shall also acknowledge that it is in the best interests of the minor child that he have the benefit of each parent'S parental guidance and each agrees to refrain from allowing the child to be exposed to the personal animosities that may exist between each other. Plaintiff and Defendant agree that this agreement shall not be construed as having any bearing whatsoever as to the relative fitness of each party to be the custodial parent of their child. Plaintiff and Defendant agree, in addition to any provisions which may be contained herein regarding joint legal custody, that Plaintiff and Defendant shall have the following rights with respect to the child: 1. Reasonable telephone calling privileges; 2. Access to report cards and other' relevant information concerning the progress of the child in school; and 3. Approval of extraordinary medical and/or dental treatment, except in the case of an emergency and provided that such approval shall not be unreasonably withheld. Plaintiff and Defendant shall, if they are not going to be able to effect weekend partial physical custody for other than health reasons, give each other reasonable advance notice of their inability to effect the custody. PENNY L. BLACKWELL, Judge Dated: EXHIBIT B MSN Hotmail - Page 1 o1'2 Hotmail® skiingdustinOhotmail.com Znbox I Pmviou. From: "Ray O'Neal" <monealLi~ch.cablemas.com> To: "dustin hall" <skiingdusUn@hotmail.com> ~ubject: RE: summer vacation Date: Tue, 13 May 2003 23:26:03 -0700 Raqhelle, Stop trying to insult my intelligence, we both know Dustin does write like this. At least not by himself .... No, Dustin's ticket has already been purchased, for Saturday May 31st, my brother will be picking Dustin up at 8:00pm Friday the 30th of May, pursuant to the order. If you had other plans you should have should have discussed this with me months ago. You can't wait until the last minute and expect me to just say OK. I recalled you saying in January, that Dustin would be flying stand-by to Chihuahua with his Aunt Becky, and now 'that the time is coming, all of a sudden, it's too expensive, you can't be .sure of flights, and you have even forgot when and where Dustin is to oome... How convenient! Airline tickets are purchased weeks in advanc.~ you know. You know the current visitation order, so does Dustin. This visitation order has been in effect since 1994. A last minute e-mail is not going to change the schedule. If you wanted to reschedule the start date of summer vacation. You should have called or e-mail before know. I gave you my email address, at work back in January, and this home e-mail, in early March. It's not surprising this is the first I here from you (Dustin) at all. Now about the job. What reason should there be for Dustin to get a job7 April 1st wasn't that long ago, and we both know, only one of us is contributing to Dustin livelihood. You receive plenty of support for (Dustin). So if anyone needs a job its you. If you think Dustin needs job responsibility, he needs to first show his responsibility to school, and to my family, a~ well and yours. When was the last time you had him call, or stop by my mothers. You have been up to see you mother, but somehow he can't even seem to find 5 minutes to call locally to mine. You are so inconsiderate, you think just because we moved jobs to Mexico, you can squeeze more support out of me, and pretend that Eustin's sister, and brother, and I don't even exist. Well I'm here to tell you they do. You don't seem to care that Dustin never spent their actual birthday's with them. We've always had to reschedule them for weekends when Dustin came. You even told him that they weren't his real sister, and k. rother. Yes he told me.'.. 20, in closing, Dustin will be pick-up at §=00 pm on Friday the 30th of May, and fly out on the 31st. He will be returning on the 31st of July, pursuant to the order. Ray ..... Original Message ..... From: dustin hall [mail~:s~ingdusfin@h~mail.com] Sent: Tuesday, May 13, 2003 7:09 PM To: rconeal~ch.cablemas.com Subject: summer vacation Dad, I do not want to come down to Mexico until July 21. I want to spend the first part of the summer up here this year. I want to stay becuse I am http://lwl 1 fd.law 11 .hotmail.msn.com/cgi-bin/getmsg?curmbox=F000000001 &a=38132be7d7... 5/16/03 MSN Hotmail - Page 2 o1'2 starting my first job, I am going to the Indian Creek Baptist Camp with the youth group, I am going to the Youth Rally in New Jersey, I want to be here for my brother's birthday parties, and I want to go to the Youth conference trip in July 14-19. I want to come down for the end of summer this year, from .July 21 until the end of August, when school begins. I wnat to stay here 6 1/2 weeks and there 6 weeks. I also know I'm old enough to make my own desitions. So don't buy m a tiket before July 21. Love, Dustin MSN 8 helps eliminate e-mail viruses. Get 2 months FREE*. httP : l l ~in.msn.coml?page=~atures /vi ~s htt~://lwl I fd.lawl 1 .hotmail.msn.com/cgi-bin/getmsg?curmbox=F000000001 &a=3$132be7d7... 5/16/03 RACHELLE HOGUE : PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2495 CIVIL ACTION LAW RAYMOND O'NEAL : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, May 30, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Wednesday, July 02, 2003 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 a'pl~ear 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 l~rior to scheduled hearing. FOR TIlE COURT, By: /s/ 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 A6t 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 TItlS 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 RACHELLE HOGUE, Plaintiff VS. RAYMOND O'NEAL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2495 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this t#' day of ~tod~ , 2003, upon consideration of the attached Custody Conciliation Repor(, it i~ ordered and directed as follows: 1. The Mother, Rachelle Hogue, and the Father, Raymond O'Neal, shall have shared legal custody of Dustin Hall, bom September 29, 1987. 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. 2. The Mother shall continue to have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child for five weeks (or more as arranged by mutual agreement) during the second half of each summer school break with the specific dates to be scheduled by agreement of the parties with consideration given to the Child's involvement in special summer activities. The Mother shall provide notice to the Father by May 1st of each year of the special activities in which the Child is involved and desires to participate. In 2003, the Father shall have custody from July 22 through August 29. The Father shall also have custody of the Child for at least a one-week period each time the Child has extended breaks from school of at least seven days. The specific times for periods of holiday / school break custody under this provision shall be arranged by agreement of the parties. In addition, the Father shall be entitled to have liberal periods of custody with the Child in Pennsylvania, at any time the Father travels to the Commonwealth. 4. Unless otherwise agreed between the parties, the Father shall be responsible to pay all costs of transportation for exchanges of custody. The Mother shall cooperate in taking advantage of all available travel discounts resulting from the maternal aunt's employment with an airline. 5. The Father shall have reasonable and liberal telephone contact with the Child. 6. The Father may file a petition with the Court requesting the scheduling of an additional custody conciliation conference to review the custody arrangements, if necessary. x,~: Jeanne B. Costopoulos- Counsel for Mother v/Raymond O' Neal, Father BY THE COURT, RACHELLE HOGUE, Plaintiff VS. RAYMOND O'NEAL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2495 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 Dustin Hall DATE OF BIRTH September 29, 1987 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held on July 2, 2003 with the following individuals in attendance: The Mother, Rachelle Hogue, who appeared without her counsel, Jeanne B. Costopoulos, Esquire. The Father, Raymond O'Neal, resides in Mexico and did not attend the conference or contact the conciliator. 3. The Mother filed this Complaint for Custody of the parties' son, who is 15 years old. An Order was entered in 1994 in York County, under which the Mother had primary physical custody and the Father had a partial custody schedule. However, the child has resided in Cumberland County with the Mother since 1999, and the Father currently resides in Mexico. The prior Order provides for the Father to have custody of the Child from the end of school year through July 31 each summer. 4. The parties are no longer able to follow the weekly school year partial custody schedule due to the Father's relocation to Mexico. The Mother also requested a change to the summer custody arrangement based on the Child's desire to attend summer camp and youth group activities. According to the Mother, arrangements were made between the Father and the Child for the Child to fly to Mexico on July 22 and return to Pennsylvania on August 29. The Mother requests that the Order provide for the Father to have custody during the second half of the summer each year rather than the first part to avoid future conflicts with the Child's activities in June and the first part of July. 5. Based on the representations made by the Mother at the conference and the fact that the Father did not attend or comact the conciliator, the conciliator recommends an Order in the form as attached. In the evem the Father desires a review of or change to the custody arrangements, an additional conference can be scheduled at the Father's request, in which he could participate by telephone, if necessary. Date Dawn S Sunday, Esquire Custody Conciliator