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HomeMy WebLinkAbout03-2562 PATRICK O'DONNELL., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 03 -" J.6' ~ :J- SHANTA Y BOONE, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Patrick O'Donnell who currently resides at 619 N. West Street Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Shantay Boone, who currently resides at 7 Gordon Drive, Carlisle; Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Aeryona Elizabeth O'Donnell Date of Birth: May 25, 2002 Address: 619 N. West Street Carlisle, Pennsylvania 4. The child was born out of wedlock. 5. The child is presently in the custody of Patrick O'Donnell, 619 N . West Street, Carlisle, Cumberland County, Pennsylvania. 6. During the child's lifetime, she has resided with the following persons and at the following addresses: 3 Name Patrick O'Donnell and Florence Fisher (paternal great-grandmother) Shantay Boone and Desmond Washington (maternal grandfather) Shantay Boone and Theresa Whare Shantay Boone and Stacy Hodge (maternal grandmother) Address Date 619 N. West Street Carlisle, P A OS/26/2003 - present Harris burg, P A 05/19 - OS/26/2003 20 McBride Avenue 04/15 - 05/19/2003 Carlisle, P A 345 W. Penn Street Birth - 04/15/2003 Carlisle, P A 7. The mother of the child is Shantay Boone, who currendy resides at 7 Gordon Drive, Carlisle, Pennsylvania. 8. Mother of the child, Shantay Boone, is not married. 9. The father of the child is Patrick O'Donnell, who currendy resides at 619 N . West Street, Carlisle, Pennsylvania. 10. Father of the child, Patrick O'Donnell, is not married. 11. The relationship of Plaintiff to the child is that of Father. 12. The relationship of Defendant to the child is that of Mother. 13. It is unknown with whom the Defendant currendy resides. 4 14. The 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 any other court. 15. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 16. 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. 17. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Father has been a primary caregiver of the minor child since her birth. He has: 1. Planned and prepared meals; 11. Bathed, groomed and dressed the child; ill. Pw:chased, cleaned and cared for the child's clothing; lV. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; Vl. . Put the child to bed nighrly, attended the child in the middle of the night, and awakened the child in the morning. 5 b. The child has a psychological bond with the Father. c. Father has continually provided medical insurance for the child. d. Mother has not provided a stable residence for the child. e. Father is able to provide a stable environment for the child. 18. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court return primary physical custody of the child to the Plaintiff/Father. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. DATE~ krty~lur ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, P A 17013 (717).249-0900 Attorney for Plaintiff 6 CERTIFICATE OF SERVICE AND NOW, this LnJ..-. day of (1 u...ru- 2003, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Galen Waltz, Esquire Turo Law Oflice 28 S. Pitt Street Carlisle, PA 17013 Respectfully submitted, Abom & Kutulakis, L.L.P. ~. ~CLhf= Kara W. Haggerty ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff 7 VERIFICATION I, PATRICK O'DONNELL, verify that the statements made in this Custody Complaint 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 ~~--/--~ PATRICK O'DONNELL 8 ~ '':) ~ ~ ~ UJ \;.) ~ " C) VI j ~ ~ , ........... ~ '.1\ ~ ~ ~ ~ ~ ~ ~ ~~' (") ~~ ~~I.-: n""'" ;!~ ..c-::" (j) -<" r-> ~~ :::::, -< Q ( ) "/) I f' \.0 J' ,-, :;.-i ~ :J c.:o SHANTA Y BOONE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2562 CNIL TERM PATRICK O'DONNELL, Defendant : CNIL ACTION - CUSTODY EMERGENCY PETITION FOR RELIEF 1. The Petitioner is Shantay Boone, an adult individual whose date of Birth is May 26, 1985, and who resides at 7 Gordon Street, Carlisle, Pennsylvania, 17013 2. The Defendant is Patrick O'Donnell, an adult individual who resides at 619 North West Street, Carlisle, Pennsylvania, 17013. 3. Petitioner and Defendant Patrick O'Donnell were not and are not married to each other. 4. A child Aeryona O'Donnell, was born to Petitioner on May 25, 2002. Aeryona O'Donnell has been in the care and custody of Petitioner since birth. 5. On or about September 20,2001 Petitioner was "raped" by Michael Hannaman; the Carlisle Police were contacted and a report was filed and Petitioner went to the Carlisle Hospital where the rape was confirmed. 6. The mother of the Petitioner, who was ajuvenile at the time of the rape, would not permit the Petitioner to go forward with the charge of rape. 7. It is believed and therefore averred that Patrick O'Donnell is not the natural father of the child, Aeryona. 8. On or about May 26th 2003 Petitioner allowed her mother, Stacy Hodge, to have custody of the child for a birthday celebration only after police intervention occurred with the understanding that Aeryona would be returned to Petitioner. 9. Petitioner attempted to secure the return of her child, Aeryona, but Stacy Hodge advised Petitioner that the child no longer was in the custody of Stacy Hodge. Petitioner revoked consent that her child be in Stacy Hodge's or any other persons care or custody. 10. It is believed that Stacy Hodge and Patrick O'Donnell participated in the idnapping of the child Aeryona. 11. Carlisle and North Middleton Police where contacted repeatedly during the week of May 26, 2003 in an attempt to discover the precise whereabouts of child; in each instance the police failed to determine the location of the child other then to say the child was with and in the care and custody of Patrick O'Donnell. 12. On May 27,2003 a "Wick" appointment was scheduled for Aeryona; as a result ofthe kidnapping ofthe child, the Wick appointment was postponed and rescheduled for June 27,2003 at 3:15pm 13. A pediatric appointment has been scheduled for Aeryona on June 18,2003 t Carlisle Pediatrics. 14. The child's health and welfare has been endangered as a result of he Defendant's actions. 15. As of the filing of this Emergency Petition for Relief, Petitioner has not seen her child since May 26,2003; Petitioner does not know lthe whereabouts of her child. WHEREFORE, Petitioner requests this court issue an order directing the police to determine the location of the child; furthermore the Petitioner respectfully request that this honorable court order the immediate return ofthe child into the care and custody ofthe Petitioner. Respectfully Submitted TURO LAW OFFICES Date /; )0'1/0 3 , r c~../?/ 4 ~tz, Esqu' 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition for Relief upon Patrick O'Donnell and Kara Hagarity by depositing sam; in the United States Mail, first class, postage pre-paid on the 3 rd day of :::J u .nJ- , 2001, from Carlisle, Pennsylvania, addressed as follows: Patrick O'Donnell 619 North West Street Carlisle, PA 17013 Kara Hagarity 8 South Hanover, suite 204 Carlisle, P A 17013 TURO LAW OFFICES c"^'/4 ~tz,ES 'e 28 South Pitt Str Carlisle, P A 1170 13 (717) 245-9688 Attorney for Plaintiff (") c-' ~ C ~.~, 0 t ~ -. ~''j''l !1j r~i .',::- - ~'f'; .,;:"'-- 'p ..... ~ I ' f:"' "- ..... (j) .,'. ;-,-; OJ ~ -'" (...J c;) r <><? :;:::: (~) ~ ~CI :-r: ::}~ ... '-C -+;.. - ~ >cl ~ Om Z 'i.~ & :< c:- Ul :rJ -< " , . SHANT A Y BOONE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-~S'L CNIL TERM PATRlCKO'DONNELL, Defendant : CNIL ACTION - CUSTODY ORDER AND NOW this J IP.. day of ~ q , 2003 after reviewing the allegations contained within the Petition for Emergency Relief, it is hereby ordered that the Defendant, Patrick O'Donnell, shall produce the minor child, Aeryona O'Donnell for the Mother, Shantay Boone, on June, ,;;J. , 2003 at ,,' 'U ,m. at the Carliste Court House court room number r, before the honorable judge (S '" ~ , for a hearing in this matter. BY THE COURT, J. \I\\\1\ffll},.St--1N3d "1N(1~r. r," "",,,.,,,"\n:) I I.!, .,;.,',' :,"'_"1"" , 11--.....' ....,. - -...._y.- to z \):5 I',\j 9 -- [m\' (0 },.'"NiC.,'-' :\0 :r~~t!;,\c'.: PATRICK O'DONNELL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-2562 CIVIL ACTION LAW SHANTA Y BOONE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, June 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 01, 2003 at 10:30 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 hearinl(. FOR THE COURT, By: /s/ Jacqueline M, Verney. 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 TIlE 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 - ~~~~~~J <o.~1 ~('1 ~'2~ ~ [:o<?,? ~1'b ~ f!:f ~~~ n [)?'''l-''l VINVmASNN3d UN"~~'I r" ""1' '~"'^vn" , ! I :'.J'. ".' "~:,':-'~:l' v i 5 :2 lid 9 - rmr EO A[fV1C::;C,Lv(); :10 38i:UO-(Jj 1:-,1 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2562 CIVIL TERM PATRICK O'DONNELL, Plaintiff SHANTAY BOONE, Defendant CIVIL ACTION - LAW IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 12th day of June, 2003, after hearing on the Defendant's petition for Special Relief, we enter the following Temporary Custody Order: 1. The parties shall share legal custody of their child, Aeryona Elizabeth O'Donnell, born May 25, 2002. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child on his days off from work, commencing one hour after he gets off work and ending eight hours before he is to start work. 4. Nobody is to transport this child in a car without a car seat. 5. This Order was entered based upon the fact that mother is living in the stable home of the Raraighs'. If that living situation should change, the matter should be brought to the Court's attention. This Order is temporary in nature. It does not in any way reflect what the Court may do with regard to the best interests of the child after a full hearing on the merits. Neither should it in any way affect the recommendation of the conciliator. Kara W. Haggerty, Esquire Attorney for Plaintiff Galen Waltz, Esquire Attorney for Defendant srs ~ ~ (, ,If, ,OJ a , \f\N\;Jt\\;'S~~N3d ~" \r,~n ,'" ~"-~\I'\[\) "\ '.'.1' ,;.....:' ",..,,>', ! , !J.."-"" . -, ,-,.".'.., ,'" _ _\ 'P' ',' W (.,' " .;' O' ".'\ II ,\ "1"\' JUl ~3 PATRICK O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2003-2562 CIVIL TERM SHANTAY BOONE, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT ,2003, upon ort, it is ordered and directed as I. The prior Order of Court dated June 12, 2003 is hereby vacated. 2, The Father, Patrick O'Donnell, and the Mother, Shantay Boone, shall have shared legal custody of Aeryona Elizabeth O'Donnell, born May 25, 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 her health, education and religion. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody of the child on his days off from work, commencing one hour after he gets off from work and ending eight hours before he is to start work, except that each parent shall be entitled to two weekends (Friday at 6:00 p.m. to Sunday at 6:00 p.m.) per month. 5. Transportation shall be shared such that only the receiving parent shall transport the child. Both parents are to insure that the child is always transported in an appropriate car seat. 6. Mother shall continue to reside with the Raraighs. In the event Mother moves, either counsel may contact the Conciliator for an emergency telephone conference. 7. Each party shall be entitled to one uninterrupted week with the child provided one week's notice is provided to the other party with the location and telephone number where the child can be reached if the parent is going out of the area. JUl 0 2 2003 8. Neither party may relocate the child out of the jurisdiction of Cumberland County without prior Order of Court. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall controL Another Conciliation Conference may be scheduled by either counsel once the paternity test results are obtained. J. vCc: Kara W. Haggerty, Esquire, Counsel for Father ~alen Waltz, Esquire, Counsel for Mother ~~ ~~~ _-2.'~ ottlJ.o' V'fNV'^1A.SNN3d AlNn08 (1r1'r;-138V'JnJ 6i :11 r - -1"[' rq . II ".'" ;'J:fvlC~!",iC ' 3~1:l:,\(i~ .:10 'I..,i JUl 0 2 2003 PATRICK O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-2562 CIVIL TERM SHANTAY BOONE, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aeryona Elizabeth O'Donnell May 25, 2002 Mother 2, A Conciliation Conference was held in this matter on July 1,2003, with the following individuals in attendance: The Father, Patrick O'Donnell, with his counsel, Kara W. Haggerty, Esquire and the Mother, Shantay Boone, with her counsel, Galen Waltz, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated June 12, 2003 providing for shared legal custody with Mother having primary physical custody and Father having periods of partial physical custody when he was not working. 4. The parties agreed to the entry of an Order in the form as attached, 7~/ -03 Date ac eline M, Verney, Esqu' Custody Conciliator PATRICK O'DONNELL, : IN THE COURT OF COMMON PLEAS OF Plaintiffi'Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SHANTAYBOONE, : NO. 03-2562 CIVIL TERM Defendant/Respondent: IN CUSTODY PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance previously entered on behalf of the Defendant, Shantay Boone, in the above-captioned matter. Date: ~/r,h3 en Waltz, EsqUire TURO LAW OFFI 28 South Pitt Street Carlisle, P A 17013 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Shantay Boone, in the above- captioned matter. Respectfully submitted, Date: 7/8'/ a 3 I . . nffie, squire FIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 () <::) 0 c W -n ~ s... '- ~ ~ J ;:pc :== 1fT . ~ 1 ~lJ 2:-, :::z-r , r~ "I (IJ 1: .~ , t"J ;:$,: j ~:J =,'- -0 " 2':C - ( ) -r, ..c.;. _; ~ (') j>(' - .; r"rl C i;J -7 52 i'\.) :x:J (..u -< NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR DEFENDANT PATRICK D. O'DONNELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW SHANTAY N. BOONE, : 2003-)-$1_ \.-CIVIL TERM Defendant ~ IN C.lJST'6DY PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of KARA W. HAGGARTY, ESQUIRE, as attorney of record for the defendant in this matter. Julym.,2003 ~ J-htJ/Jpllut~ KARA W. HA~~~~, ES'QdlRE ABOM & KUTULAKIS, LLP 36 South Hanover Street Carlisle, PA 17013 717-249-0900 Please enter the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the defendant in this matter. d JUly]1 ,2003 F, ESQUIRE 0 Cl 0 c: W -n ~ '-- -ol""'0 c:: -_.,- n-lr;" ,- Z:r W 1'1 ZC ~. ("} 5Q~. C,~,(~ !;2l.. 4'] .J ;r. 'jI' ~C ..0 :;;U ~ 7,-,;.rT1 C :::.-{ ~ .,.. ~ C::l -< PATRICK O'DONNELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. SHANTAYBOONE, : NO. 03-2562 CIVIL TERM Defendant/Petitioner : IN CUSTODY PETITION FOR MODIFICATION 01<' CUSTODY AND NOW, comes Petitioner, Shantay Boone, by and through his legal counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above-named Defendant, Shantay Boone, an adult individual currently residing at 7 Gordon Drive, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Plaintiff, Patrick O'Donnell, an adult individual currently residing at 619 North West Street, Carlisle, Cumberland County, Pennsylvania. 3. Respondent is represented in the within proceedings by Nathan C. Wolf, Esquire, of 64 South Pitt Street, Carlisle, Cumberland County, Pennsylvania. 4. Petitioner is the natural mother of one child, Aeryona Elizabeth O'Donnell, bom May 25, 2002, and it is believed that Respondent may be the father ofthe child. 5. The parties are subject to an Order of Court dated July 3, 2002, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 6. Since the entry of the aforementioned Order, Respondent's place of employment and work schedule have changed substantially such that the Order previously entered in this matter is not applicable to Respondent's current work arrangement. 7. For an extended period of time, Respondent had no contact of any nature whatsoever with the child and, therefore, the Order of July 3, 2003, is not appropriate. 8. The parties and the child have continued to reside in Cumberland County, Pennsylvania, since the entry of the Order of July 3, 2003, and therefore, the Court of Common Pleas of Cumberland County, Pennsylvania, continues to have jurisdiction over the issue of custody in this matter. 9. The parties are submitting themselves to patemity testing, through the Cumberland County Domestic Relations Office, but the paternity testing has not yet been completed as of the date of filing the within Petition for Modification. 10. It is in the best interest and permanent welfare of the child to modify the Order of July 3, 2003, so as to provide greater stability for the child and to maintain the child in the primary care of Petitioner. WHEREFORE, Petitioner requests your Honorable Court to enter an Order of Court modifying the Court's Order of July 3, 2003, relative to custody of Aeroyna Elizabeth O'Donnell. Respectfully submitted, rif::!ESqUire tt ney for Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: \ \\ \~\~~ , , S JUl ~3 PATRICK O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2562 CIVIL TERM SHANT A Y BOONE, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 3,J day of T _,2003, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as follows: 1. The prior Order of Court dated June 12,2003 is hereby vacated. 2. The Father, Patrick O'Donnell, and the Mother, Shantay Boone, shall have shared legal custody of Aeryona Elizabeth O'Donnell, born May 25, 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 her health, education and rdigion. 3, Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody of the child on his days off from work, commencing one hour after he gets off from work and ending eight hours before he is to start work, except that each parent shall be entitled to two weekends (Friday at 6:00 p.m. to Sunday at 6:00 p.m.) per month. 5. Transportatioli shall be shared such that only the receiving parent shall transport the child. Both parents are to insure that the child is always transported in an appropriate car seat. 6. Mother shall continue to reside with the Raraighs. In the event Mother moves, either counsel may contact the Conciliator for an emergency telephone conference. 7. Each party shall be entitled to one uninterrupted week with the child provided one week's notice is provided to the other party with the location and telephone number where the child can be reached if the parent is going out of the area. EXHIBIT "A" JUt (i] 2 2003 8. Neither party may relocate the child out of the jurisdiction of Cumberland County without prior Order of Court, 9, This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent In the absence of mutual consent, the terms of this Order shall controL Another Conciliation Conference may be scheduled by either counsel once the paternity test results are obtained. Edward E. Guido, J. cc: Kara W. Haggerty, Esquire, Counsel for Father Galen Waltz, Esquire, Counsel for Mother JUl I) 2 2003 PATRICK O'DONNELL, Phlintiff : IN THE COllRT OF COMMON PLEAS OF : CllMBERLAND COlNTY, I'ENNSYLV ANIA V. : 2003-2562 CIVIL TERM SHANT A Y BOONE, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 conceming the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aeryona Elizabeth O"Donnell May 25, 2002 Mother 2. A Conciliation Conference was held in this matter on July 1,2003, with the following individuals in attendance: The Father, Patrick O'Donnell, with his counsel, Kara W. Haggerty, Esquire and the Mother, Shantay Boone, with her counsel, Galen Waltz, Esquire, 3. The Honorable Edward E. Guido entered an Order of Court dated June 12, 2003 providing for shared legal custody with Mother having primary physical custody and Father having periods of partial physical custody when he was not working. 4. The parties agreed to the entry of an Order in the fom1 as attached. /~I ~o3 Date , ' \. ~ ~J.--e /1, ~.t'l.""''-<. ac e1ine M. Vemey, Esqu~ Custody Conciliator PATRICK O'DONNELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. SHANTAYBOONE, : NO. 03-2562 CIVIL TERM DefendantlPetitioner : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the I ~ay of November, 2003, cause a copy of DefendantlPetitioner's Petition for Modification of Custody to be served upon Plaintiff/Respondent's attomey of record first class mail, postage prepaid at the following address: Nathan C. Wolf, Esquire 64 South Pitt Street Carlisle, P A 17013 DATE: 111115/63 , . G' Ie, Esquire tome)' for efendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 PATRICK O'DONNELL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 03-2562 CIVIL ACTION LAW SHANTAYBOONE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 26, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 23, 2003 at 9:30 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 nan'ow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be prcsent at the conference. Failure to appear at the conferencc 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: Isl Jacqueline M. Verney. 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 HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 ~ ~ f;v ~ ~~ 46) fr~'/J';I ~ ,$P ~ ~~.?< @.;, .11 ~ liP $ ?"" 'P ~1?l-1I' 4?~ <;Y'/l ,/1 AlN~crg~ri~N~~V'lro 6tJ:Z \,ld '1- :,)30 SO ,It;iVlOf'!CH.L',,: . .:10 , . j8L:HD"'-Cr.; .\, . ~(\ -- -f- -t:. i::t " ~ )... j, -.. () tl Iv W ~ vI o o c -ot; n1r ? ~,... . Cf> -<' ~;:t 2'; , ~/ ~ ~~: ~. \ :"," 0 () :~-~, '-"., ,-,"" , ~._) -'-,1 .~::.- l"C! r0 '" ' - c...;, C;J -< -,,.. JAN 1 , Z004 t/ PATRICK O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2562 CIVIL TERM SHANTA Y BOONE, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~f+. dayof ~~... 0 , 2004, upon consideration of the attached Custody Conc iation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 3, 2003 is hereby vacated. 2. The Father, Patrick O'Donnell, and the Mother, Shantay Boone, shall have shared legal custody of Aeryona Elizabeth O'Donnell, born May 25, 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 her health, education and religion. 3. Mother shall have primary physical custody ofthe child. 4. Beginning Wednesday, January 14,2004, Father shall have periods of partial physical custody every Monday, Wednesday and Friday from 8:00 a.m. to 3:00 p.m. Said periods of partial physical custody shall be supervised by the Child's paternal great grandmother. 5. Transportation shall be shared such that the parties shall meet at the North Middleton Township police department. Both parents are to insure that the Child is always transported in an appropriate child safety seat. 6. Neither party may relocate the child out of the jurisdiction of Cumberland County without prior Order of Court. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator to schedule another Condliation Conference within 90 days from the day hereof. Edward E. Guido, J. cc:~than Wolf, Esquire, Counsel for Father vPradley 1. Griffie, Esquire, Counsel for Mother L?? ~O~O~ O\-~ '" '-~:~Y,;no L!l :z Hd 0 Z NVr fiDeZ f.b\l.LD'\;':::'-LU::':1d 3H1 38.::J~j(}-031!.:i -In "V PATRICK O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-2562 CIVIL TERM SHANTAY BOONE, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Aeryona Elizabeth O'Donnell May 25, 2002 Mother 2, A Conciliation Conference was held in this matter on January 13, 2004, with the following individuals in attendance: The Father, Patrick O'Donnell, with his counsel, Nathan Wolf, Esquire and the Mother, Shantay Boone, with her counsel, Bradley L. Griffie, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated July 3, 2003 providing for shared legal custody with Mother having primary physical custody and Father having periods of partial physical custody when he was not working. 4. The parties agreed to the entry of an Order in the form as attached. /-13,0'/ Date ., 1/ q~~ h.v~ ~. Verney, Esquire '} Custody Conciliator NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF PATRICK D. O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SHANTAYN. BOONE, Defendant : NO. 2003-2562 CIVIL TERM : IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this ~ day of ')l"Lf2007, by and between Patrick D. O'Donnell (hereinafter referred to as "Father") and Shantay N. Boone (hereinafter referred to as "Mother") and Sandra K. Railing (hereinafter referred to as "Grandmother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the parents of one minor child, namely, Aeryona E. O'Donnell (Age 4 years, born May 25, 2002); and, WHEREAS, Grandmother is the paternal grandmother of the child; and, WHEREAS, Father and Mother are subject to an Order for cu')tody issued by this Court dated January 20, 2004, providing for shared legal custody of the child, for primary physical custody of the child with Mother and for partial physical custody of the child three days each week with Father; and, WHEREAS, the parties wish to enter into an amended custody agreement relative to the custody of the minor child, and, , WHEREAS, Grandmother is willing to assume the responsibility required of the primary custodian of the child and Mother and Father acknowledge that Grandmother's assumption of such responsibilities and duties are in the best interests of the child; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties, including the Grandmother, shall share legal custody of the child. 2. The Grandmother shall have primary physical custody of the child. 3. The Father shall enjoy periods of partial physical custody of the child from tinle to time as the parties may agree. 4. The Mother shall enjoy periods of partial physical custody of the child from time to time as the parties may agree. 5. The parties shall arrange transportation of the child by mutual agreement, and in the event the parties cannot reach an agreement, then the receiving party shall be responsible for the transportation of the child. 6. The custodial party shall ensure that the non-custodial parties have reasonable access to the child by telephone. 7. The parties shall share custody of the child on holidays by mutual agreement. 8. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child are protected. 9. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. 10. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing. 11. No party may relocate the child out of the jurisdiction of Cumberland County without the written agreement of the parties or prior Order of Court. 12. 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. 13. In the event of the breach of the agreement of the parties by any party, the non- breaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. 14. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties I minor child and either party retains the right to file a petition for modification of custody with the Court, but that this agreement shall govern until such time as the petition is filed and the matter can be heard by this Court. 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. eJr-- ---7 ~.~. . /--- ~ '~ ,'" <:Z~ ..~. ~ .~j~~~~) PATRICKD. O'DONNELL WITNESSETH: (SEAL) COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the 3 ~ day ~ ' 2007, before, the undersigned officer, appeared PATRICK D. O'DONNELL to (orsatisfactorilyproven) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the pwposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL BONNIE l. COYlE, NOTARY PUBUC BORO OF CARUSlE. CUMBERlAND co. PA MY COMMISSION EXPIRES OCTOBER 17. 20 I 0 ~-y~iC Co J2c (SEAL) otary Public COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the 3 tf11 day ~ 2007, before, the undersigned officer, appeared SHANTAYN. BOONE, kno 0 me (or atisfactorilyproven) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the pwposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL BONNIE l. COYLE, NOTARY PUBUC BORO OF CARUSLE. CUMBERlAND co. PA MY COMMISSION EXPIRES OCTOBER 17, 2010 /J l/fl I;~. t-~_L/~'~A. " .EAL) Notary Public , \ COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the '5 ~ day ~~ t:1..o~007' before, the undersigned officer, appeared SANDRA K. RAILING kno to e (or sa factorilyproven) to be the same person whose name is subscribed to the within inst ent, and ac" owledged that she executed this agreement for the pwposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL BONNIE l. COYlE. NOTARY PUBUC BORO OF CARUSLE. CUMBERlAND co. PA MY COMMISSION EXPIRES OCTOBER 17, 20 I 0 C i-~~ 'Notary Public .. ., NATHAN C. WOLF, ESQUIRE ATTORNEY In NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF / JAN 31 2007 tlY PATRICK D. O'DONNELL, Plaintiff v. SHANTAY BOONE Defendant NOW, t1Us ~ day of -.f ,th. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003-2562 CIVIL TERM : IN CUSTODY ORDER OF COURT , 2007, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. ---~~ ~:~~ J. r;; ~ ~ . ~ {: ~~~, ~, - ~ ~ ~' , (,,\1 l\\o'J "'~\ \ \ S.. \ '" . I yIJ .\..v'" , '