HomeMy WebLinkAbout99-03081
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JUDITH A. BUNN, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petioner CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99-3081 CIVIL TERM
KEVIN A. ASKEROOTH and CIVIL ACTION - LAW
TRACY A. OLSON, IN CUSTODY
Defendants/Respondents
ORDER OF COURT
AND NOW, this 7th day of June, 1999, upon
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consideration of the Plaintiff's Petition for Emergency;;,:: -
Relief with respect to custody of the children of Kevii-, ?°
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Askerooth and Tracy A. Olson, namely Dawn Roya Askeroot P
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(date of birth August 29, 1989), Anna Mae Askerooth (date of
birth November 27, 1991) and Kevin Edmund Askerooth (date of
birth June 7, 1995), and following a hearing at which the
Plaintiff was represented by Mary Kollas Kennedy, Esquire,
and at which neither of the natural parents appeared and the
Court finding that the Plaintiff is the maternal grandmother
of the said children and that an emergency situation does
exist which warrants a temporary Order granting legal and
primary physical custody of the children to the Plaintiff, it
is ordered and directed, pending further Order of Court, that
legal custody and primary physical custody of the children
shall be in the Plaintiff, Judith A. Bunn, and that partial
or temporary physical custody of the children shall be in the
Defendants, Kevin E. Askerooth and Tracy A. Olson, at such
times as the parties may mutually agree.
Any party may request a hearing on the continuation
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or modification of this order at any time. It is noted that
a custody conciliation conference has been scheduled in this
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matter for July 1, 1999, and the parties are encouraged to
attend that conference.
Mary Kollas Kennedy, Esquire
Tracy A. Olson
c/o Kent Pero
Bagley, MN 55369
Kevin E. Askerooth
1126 Edmund Street
St. Paul, MN 55101
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BY THE COURT,
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JUDI BUNN,
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_ -9? Plaintiff
c vs.
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AEVIN E
ASKEROOTH AND
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r TRACY A. OLSON,
lj, Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3081 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
C01;Us A-0
AND NOW, this 5?^ day of 21999,
upon review of the Conciliator's Report, it appearing that the
Plaintiff /Petitioner appeared at the conference with her counsel,
the natural Father appeared pro se, and the natural Mother did not
appear but was served with notice of the custody conciliation and
that the parties that did appear agreed to the terms and provisions
of this Order which was dictated in their presence and approved by
them, it is hereby ordered and directed as follows:
1. The maternal grandmother, Judith A. Bunn, shall have
primary legal and physical custody of the minor children,
Dawn R. Askerooth, d.o.b. August 29, 1990, Anna M.
Askerooth, d.o.b. November 27, 1991, and Kevin E.
Askerooth, d.o.b. June 7, 1995.
2. The natural Father shall have periods of supervised
visitation with the children at the times and dates to be
agreed upon by the parties. Father shall provide the
maternal grandmother with notice thirty (30) days in
advance as to when he intends to be in the area so that
he can exercise his periods of supervised visitation.
Grandmother is encouraged to have the children available
for the duration of the time that natural Father is in
town so that he can maximize his periods of supervised
visitation with the children.
Mary Kollas Kennedy, Esquire
Attorney for Plaintiff
Kevin E. Askerooth, pro se
Tracy A. Olson, pro se
mlb
BY THE COURT,
JUDITH A. BUNN,
Plaintiff
VS.
KEVIN E. ASKEROOTH AND
TRACY A. OLSON,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3081. CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: The Honorable J. Wesley Oler, Jr.
CUSTODY CONCILIATION ONnRENCE SUNMRY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the children who are
the subject of this litigation is as follows:
NEE BIRTHDATE CURRENTLY IN
CUSTODY OF
i
Dawn R. Askerooth Plaintiff
Anna Mae Askerooth Plaintiff
Kevin E. Askerooth Plaintiff
2. A Conciliation Conference was held on July 1, 1999, and
the following individuals were present: the Plaintiff and her
attorney, Mary Kollas Kennedy, Esquire; the natural Father appeared
pro se, and the natural Mother did not appear but was served with
notice of the custody conciliation.
3. Items resolved by agreement: See attached Order.
9. Issues yet to be resolved: See attached Order.
5. The Plaintiff's position on custody is as follows: See
attached Order.
6. The Defendant's position on custody is as follows: See
attached Order.
7. Need for separate counsel to represent children: Neither
party requested.
8. Need for independent psychological evaluation or
counseling: None requested and the Conciliator does not believe
any is necessary,
Date: July 28, 1999
Michael L. Bangs
Custody Concilia
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JUDITH A. BUNN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. l Zvi
KEVIN E. ASKEROOTH AND
TRACY A. OLSON, CIVIL ACTION -LAW
Defendants IN CUSTODY
ORDER OF COURT
AND NOW, this WA day of \ tl ??? 1999, in consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear before
the conciliator, at
PA. on the _?_ day of
1999, at y l?t? o'clock P.m. for a pre-hearing custody
conffe-rrence. At such conference, an effort will be made to resolve the issues in dispute; if this
cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter
into a temporary order. Failure to appear at this conference may provide grounds for entry of a
temporary or permanent order.
By the Court:
Custody Conciliator
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, PA 17013
717-249-3166
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JUDITH A. BUNN,
Plaintiff
KEVIN E. ASKEROOTH AND
TRACY A. OLSON,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99. 3o F/ Ctk"Le -cu,L
CIVIL ACTION - LAW
IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Judith A. Bunn, residing at 4184 Cove Court, Apt. 101,
Mechanicsburg, Cumberland County Pennsylvania. Plaintiff's Social Security Number is 473-56-
6427.
2. The Defendants are Kevin E. Askerooth, residing at 1126 Edmund Street, Saint.
Paul, Minnesota, and Tracy A. Olson, residing at 1347 Townline Road, Brimson, Minnesota.
Defendant Askerooth's Social Security Number is 474-92-7994. Defendant Olson's Social
Security Number is 473-88-2973.
3. Plaintiff seeks custody of the following children.
Name
Dawn Roya Askerooth
Anna Mae Askerooth
Kevin Edmund Askerooth
The children were born out of wedlock.
Address
4184 Cove Court, Apt. 101
Mechanicsburg, PA 17055
4184 Cove Court, Apt. 101
Mechanicsburg, PA 17055
4184 Cove Court, Apt. 101
Mechanicsburg, PA 17055
Apf.
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The children are presently in the custody of Judith A. Bunn, who resides at 4184 Cove
Court, Apt. 101, Mechanicsburg, Pennsylvania
During the past five years, the children have resided with following persons and at the
following addresses:
Kevin E. Askerooth and 1126 Edmund Street 8/29/90-5/16/99
Tracy A. Olson Saint Paul, MN
Judith A. Bunn and 4184 Cove Court, Apt. 101 5/16/99-Present
Albert J. Bunn Mechanicsburg, PA
The mother of the children is Tracy A. Olson, currently residing 1347 Townline Road, .
Brimson, Minnesota.
She is not married.
The father of the children is Kevin E. Askerooth, currently residing at 1126 Edmund
Street, Saint Paul, Minnesota.
He is not married.
4. The relationship of Plaintiff to the children is that of maternal grandmother. The
Plaintiff currently resides with the following persons:
lY= Relationship
Albert J. Bunn Husband
5. The relationship of the Defendants to the children is that of father and mother.
Defendant Askerooth (Father) currently resides with the following persons:
Name Relationship
Unknown Unknown
Defendant Olson (Mother) currently resides with the following persons:
Name Relationship
Unknown Unknown
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
Plaintiff has no information of a custody proceeding concerning the children pending in a
court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody or visitation rights with respect to the children.
7. The best interest and permanent welfare of the children will be served by granting
the relief requested because:
(a) Plaintiff is best able to provide a safe, loving and nurturing stable
environment for the children.
(b) Plaintiff is likely to facilitate a relationship between the children and
their natural parents.
(c) The safety and welfare of the children would be best served in the
custody of Plaintiff.
8. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children have been named as parties to this action. No
other persons are known to have a claim or right to custody or visitation of the children.
9. Plaintiff has standing to bring this complaint pursuant to 23 Pa. C.S. § 5313(b) in
that:
(a) Plaintiff has genuine care and concern for the children.
(b) The custodial relationship between Plaintiff and the children began
3
with the consent of the natural mother, Tracy A. Olson. A true and
correct copy of that consent is attached hereto as Exhibit "A."
(c) Plaintiff's assumption of physical and legal custody of the children
is necessary because the children were substantially at risk in the
custody of the natural parents due to the neglect and the drug abuse
of the natural parents.
WHEREFORE, Plaintiff requests this Honorable Court grant shared legal and primary
physical custody of the children to the Plaintiff, with partial custody in the form of visitation to the
Defendants consistent with the agreement reached between the parties and filed
contemporaneously with this Complaint.
RESPECTFULLY SUBMITTED,
Mary Kolla ennere
KOLLAS D KENNEDY
I.D. No. 69246
1104 Fernwood Avenue, Suite 104
Camp Hill, Pennsylvania 17011
Telephone: (717) 731-1600
ATTORNEY FOR PLAINTIFF
DATE:
4
JUDITH A. BUNN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
KEVIN E. ASKEROOTH AND
TRACY A. OLSON,
Defendants
CIVIL ACTION - LAW
IN CUSTODY
VERIFICATION
I, JUDITH A. BUNN, verify that the statements made in the foregoing COMPLAINT FOR
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.A. 4904, relating to
unsworn falsification to authorities.
By: ` >'Lt(' '4 , f'?,
JUDITH A. BUNN
DATE: CI?gq 1
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JUDITH A. BUNN,
Plaintiff
KEVIN E. ASKEROOTH AND
TRACY A. OLSON,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3081 Civil
CIVIL ACTION - LAW
IN CUSTODY
A complaint and emergency petition have been filed in the Court of Common Pleas of
Cumberland County concerning custody, partial custody and visitation of the following children:
Dawn Roya Askerooth
Anna Mae Askerooth
Kevin Edmund Askerooth.
The Court has learned you may have a legal interest in custody, partial custody or
visitation of the children named.
A hearing will be held in Courtroom No. 1 of the Court of Common Pleas, I Courthouse
Square, Carlisle, PA 17013, on Monday, June 7, 1999, at 9:00 a.m. If you wish to have custody,
partial custody or visitation of the children or wish to present evidenze to the Court on those
matters, you should appear at the place and time and on the date above.
If you have the children in your possession or control, you must appear and bring them to
the Courthouse with you.
If you wish to claim the right of custody, partial custody or visitation, you may file a
counterclaim.
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If you fail to appear as provided by this order or to bring the children, an order for
custody, partial custody or visitation may be entered against you or the Court may issue a warrant
for your arrest.
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, PA 17013
717-249-3166
RESPECTFULLY SUBMITTED,
Mary Ko Kennedy, Esquire
KOLLAS AND KENNEDY
I.D. No. 69246
1104 Fernwood Avenue, Suite 104
Camp Hill, Pennsylvania 17011
Telephone: (717) 731-1600
ATTORNEY FOR PLAINTIFF
DATE: ?Aft
2
I, Carole A. Rose, of the Law Offices of Kollas and Kennedy, hereby certify that I
have this 26th day of May 1999, served a true and correct copy of the foregoing NOTICE
PURSUANT TO 23 Pa C.S. § 5346 by depositing same in the United States mail, certified,
restricted delivery, postage prepaid, addressed to the following:
Kevin E. Askerooth
1126 Edmund Street
Saint Paul, MN 55101
Defendant
LAW OFFICE OF KOLLAS AND KENNEDY
BY: UWIX, lJ? ' `w0?
Carole A. Rose
Legal Assistant
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JUDITH A. BUNN,
Plaintiff
KEVIN E. ASKEROOTH AND
TRACY A. OLSON,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3081 Civil
CIVIL ACTION - LAW
IN CUSTODY
A complaint and emergency petition have been filed in the Court of Common Pleas of
Cumberland County concerning custody, partial custody and visitation of the following children:
Dawn Roya Askerooth
Anna Mae Askerooth
Kevin Edmund Askerooth.
The Court has learned you may have a legal interest in custody, partial custody or
visitation of the children named.
A hearing will be held in Courtroom No. 1 of the Court of Common Pleas, I Courthouse
Square, Carlisle, PA 17013, on Monday, June 7, 1999, at 9:00 a.m. If you wish to have custody,
partial custody or visitation of the children or wish to present evidence to the Court on those
matters, you should appear at the place and time and on the date above.
If you have the children in your possession or control, you must appear and bring them to
the Courthouse with you.
If you wish to claim the right of custody, partial custody or visitation, you may file a
counterclaim,
If you fail to appear as provided by this order or to bring the children, an order for
custody, partial custody or visitation may be entered against you or the Court may issue a warrant
for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IT 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, PA 17013
717-249-3166
RESPECTFULLY SUBMITTED,
Mary Kollas edy, Esquire
KOLLAS AND KENNEDY
I.D. No. 69246
1104 Femwood Avenue, Suite 104
Camp I Ell, Pennsylvania 17011
Telephone: (717) 731-1600
ATTORNEY FOR PLAINTIFF
DATE:?1? Mfigvw?
2
I, Carole A. Rose, of the Law Offices of Kollas and Kennedy, hereby certify that I
have this 26th day of May 1999, served a true and correct copy of the foregoing NOTICE
PURSUANT TO 23 Pa C.S. § 5346 by depositing same in the United States mail, certified,
restricted delivery, postage prepaid, addressed to the following:
Tracy A. Olson
1747 Townline Road
Brimson, MN 55602
Defendant
LAW OFFICE OF KOLLAS AND KENNEDY
BY: 0.6/lak' a . 1lJLJ?.
Carole A Rose
Legal Assistant
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JUDITH A. BUNN,
Plaintiff
KEVIN E. ASKEROOTH AND
TRACY A. OLSON,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3081 Civil
CIVIL ACTION - LAW
IN CUSTODY
RT ATE OF SERVICE
I, Carole A. Rose, of the Law Offices of Kollas and Kennedy, hereby certify that I
have this 26th day of May 1999, served a true and correct copy of the PETITION FOR
EMERGENCY RELIEF filed in the above-captioned case, by depositing same in the United
States mail, certified, postage prepaid, addressed to the following:
Tracy A. Olson
1347 Townline Road
Brimson, MN 55602
Defendant
LAW OFFICE OF KOLLAS AND KENNEDY
Carole A. Rose
Legal Assistant
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JUDITH A. BUNN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3081 Civil
KEVIN E. ASKEROOTH AND
TRACY A. OLSON, CIVIL ACTION - LAW
Defendants IN CUSTODY
CERTIFICATE OF SERVICE
I, Carole A. Rose, of the Law Offices of Kollas and Kennedy, hereby certify that I
have this 24th day of May 1999, served a true and correct copy of the COMPLAINT FOR
CUSTODY filed in the above-captioned case, by depositing same in the United States mail,
certified, restricted delivery, postage prepaid, addressed to the following:
Kevin E. Askerooth
1126 Edmund Street
Saint Paul, MN 55101
Defendant
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LAW OFFICE OF KOLLAS AND KENNEDY
BY: Otj,\ It 6, • ?W
Carole A. Rose
Legal Assistant
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JUDITH A. BUNN,
Plaintiff
KEVIN E. ASKEROOTH AND
TRACY A. OLSON,
Defendants
IN THE COURTOF COMMON PLEAS
CUMBERLAND COUN'T'Y, PENNSYLVANIA
NO. 99-3081 Civil
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
1, Carole A. Rose, of the Law Offices of Kollas and Kennedy, hereby certify that 1
have this 24th day of May 1999, served a true and correct copy of'the COMPLAINT FOR
CUSTODY filed in the above-captioned case, by depositing same in the United States mail,
certified, restricted delivery, postage prepaid, addressed to the following:
Tracy A. Olson
1347 Townline Road
Brimson, MN 55602
Defendant
LAW OFFICE OF KOI.LAS AND KENNEDY
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BY:A,,, mou a Il m,_
Carole X.Itose
Legal Assistant
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JUDITH A. BUNN,
Plaintiff'
KEVIN E. ASKEROOTI I AND
TRACY A. OLSON,
Defendants
IN TI IE COURT OF COMMON PLEAS
CIJMIIERLAND COUNTY, PENNSYLVANIA
NO. 99-3091 Civil
CIVIL. ACTION - LAW
IN CUSTODY
arc17D.lCs nOl?tikliVlCE
1, Carole A. Rose, of the L.aw Offices of Kollas and Kennedy, hereby certify that I
have this 26th day of May 1999, served it true and correct copy of the PETITION FOR
EMERGENCY RELIEF filed in the above•caplioned case, by depositing; same in the United
States mail, certified, postage prepaid, addressed to the following;:
Kevin li Askerooth
1126 Ednuutd Street
Saint Paul, MN 551() 1
Defendant
LAW OFFICE. OF KOLLAS AND KENNEDY
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BY: 0 WI )u a. IW
Carole A. Rose
Legal Assistant
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JUDITH A. BUNN
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3081 CIVIL TERM
KEVIN E. ASKEROOTH and
TRACY A. OLSON, : CIVIL ACTION - LAW
Defendants/Respondents : IN CUSTODY
RD
AND NOW, this 2q.I day of T? 1999, upon consideration of
Plaintiff's Petition for Emergency Relief, a hearing is scheduled for the 'Q;6C day of
. , 1999, at 106aim. in Courtroom No. 1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
Mary Kollas Kennedy, I?sq.
Tracy A. Olson
1347 Townline Road
Brimson, MN 55602
Kevin E. Askerooth
1126 Edmund Street
St. Paul, MN 55101
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BY THE COT iRT-
JUDITH A. BUNN,
Plaintiff/Petitioner
KEVIN E. ASKEROOTH AND
TRACY A. OLSON,
Defendants/Respondents
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,, PENNSYLVANIA
NO. CIVIL ACTION - LAW
IN CUSTODY
AND NOW, this day of 1999, upon consideration
Petitioner/Plaintiff's Complaint for Custody and Petition for Emergency Relief it is hereby
ORDERED as follows:
Petitioner/Plaintiff shall have full physical and legal custody of the minor
children Dawn Roya Askerooth, Anna Mae Askerooth and Kevin Edmund Askerooth, until
further Order of this Court.
BY THE COURT:
J.
JUDITH A. BUNN,
Plaintiff/Petitioner
KEVIN E. ASKEROOTH AND
TRACY A. OLSON,
Defendants/Respondents
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN CUSTODY
The Petitioner is Judith A. Bunn, an adult individual residing at 4184 Cove Court,
Apt. 101, Mechanicsburg, Pennsylvania. Petitioner is the maternal grandmother of the minor
children involved in this Petition.
2. The Respondents are Kevin E. Askerooth and Tracy A. Olson. Respondent
Askerooth is an adult individual residing at 1126 Edmund Street, Saint Paul, Minnesota.
Respondent Olson is an adult individual residing at 1347 Townline Road, Brimson, Minnesota.
Respondents are the natural parents of the minor children involved in this Petition.
3. The minor children for the subject of this Petition are:
Dawn Roya Askerooth Age: 8
Anna Mae Askerooth Age: 7
Kevin Edmund Askerooth Age: 3
4. Simultaneous with filing of this Petition, Petitioner has filed a Complaint for
Custody. A true and correct copy of that Complaint is attached hereto as Exhibit "A" for
reference of the Court.
5. Plaintiff has attempted to enroll the children in public school systems in this county
and was told she may not do so without an Order of Court.
6. Immediate welfare of the children will be served by granting a temporary order
investing custody both legal and physical in the Petitioner for the following reasons:
(a) Petitioner will be able to enroll the children in school so that they
may finish out the year without having to repeat a grade.
(b) As the natural parents of the children live out of state an immediate
emergency temporary order will invest Petitioner with the legal
power to consent to any necessary medical treatment of the
children.
(c) The best interest and welfare of the children will be served by
entering the requested relief in that Petitioner is best able to provide
a safe, loving and nurturing environment for the children, and the
safety and welfare of the children would be best served in the
custody of the Petitioner.
7. Petitioner has standing to bring this petition pursuant to 23 Pa. C.S. § 5313(b) in
that`.
(a) Plaintiff has genuine care and concern for the children.
(b) The custodial relationship between Plaintiff and the children began
with the consent of the natural mother, Tracy A. Olson.
2
(c) PlaintitFs assumption of physical and legal custody of the children
is necessary because the children were substantially at risk in the
custody of the natural parents due to the neglect and the drug abuse
of the natural parents.
WHEREFORE, Petitioner, Judith A. Bunn, respectfully requests this Court enter
temporary order of custody granting her physical and legal custody of the children until further
hearing on the Complaint can be held.
RESPECTFULLY SUBMITTED,
'vIaly &O1 1T Esqufre
KOLLAS D KENNEDY
I.D. No. 69246
1104 Fermvood Avenue, Suite 104
Camp Hill, Pennsylvania 17011
Telephone: (717) 731_1600
ATTORNEY FOR PLAINTIFF
DATE: 2v
3
JUDITH A. BUNN,
Plaintiff
KEVIN E. ASKEROOTH AND
TRACY A. OLSON,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Judith A. Bunn, residing at 4184 Cove Court, Apt. 101,
Mechanicsburg, Cumberland County Pennsylvania. Plaintiff s Social Security Number is 473-56-
6427.
2. The Defendants are Kevin E. Askerooth, residing at 1126 Edmund Street, Saint.
Paul, Minnesota, and Tracy A. Olson, residing at 1347 Townline Road, Brimson, Minnesota.
Defendant Askerooth's Social Security Number is 474-92-7994. Defendant Olson's Social
Security Number is 473-88-2973.
3. Plaintiff seeks custody of the following children.
Name
Dawn Roya Askerooth
Anna Mae Askerooth
Kevin Edmund Askerooth
The children were born out of wedlock.
Address A=
4184 Cove Court, Apt. 101 8
Mechanicsburg, PA 17055
4184 Cove Court, Apt. 101 7
Mechanicsburg, PA 17055
4184 Cove Court, Apt. 101 3
Mechanicsburg, PA 17055
The children are presently in the custody of Judith A. Bunn, who resides at 4184 Cove
Court, Apt. 101, Mechanicsburg, Pennsylvania
IBITA74 it
TFtttlpnUMU:
During the past five years, the children have resided with following persons and at the
following addresses:
Kevin E. Askerooth and
Tracy A. Olson
1126 Edmund Street
Saint Paul, MN
8/29/90-5/16/99
Judith A. Bunn and
Albert J. Bunn
4184 Cove Court, Apt. 101
Mechanicsburg, PA
5/16/99-Present
The mother of the children is Tracy A. Olson, currently residing 1347 Townline Road,
Brimson, Minnesota,
She is not married.
The father of the children is Kevin E. Askerooth, currently residing at 1126 Edmund
Street, Saint Paul, Minnesota.
He is not married.
4. The relationship of Plaintiff to the children is that of maternal grandmother. The
Plaintiff currently resides with the following persons:
]yatne
Albert J. Bunn
RehtdQwbip
Husband
5. The relationship of the Defendants to the children is that of father and mother.
Defendant Askerooth (Father) currently resides with the following persons:
hla=
Unknown
Relationship
Unknown
Defendant Olson (Mother) currently resides with the following persons:
Ha=
Unknown
Relationship
Unknown
2
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
Plaintiff has no information of a custody proceeding concerning the children pending in a
court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody or visitation rights with respect to the children.
7. The best interest and permanent welfare of the children will be served by granting
the relief requested because:
(a) Plaintiff is best able to provide a safe, loving and nurturing stable
environment for the children.
(b) Plaintiff is likely to facilitate a relationship between the children and
their natural parents.
(c) The safety and welfare of the children would be best served in the
custody of Plaintiff.
g. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children have been named as parties to this action. No
other persons are known to, have a claim or right to custody or visitation of the children.
9. Plaintiff has standing to bring this complaint pursuant to 23 Pa. C.S. § 53 13(b) in
that:
(a) Plaintiff has genuine care and concern for the children.
(b) The custodial relationship between Plaintiff and the children began
with the consent of the natural mother, Tracy A. Olson. A true and
correct copy of that consent is attached hereto as Exhibit "A."
(c) Plaintiff's assumption of physical and legal custody of the children
is necessary because the children were substantially at risk in the
custody of the natural parents due to the neglect and the drug abuse
of the natural parents.
WHEREFORE, Plaintiff requests this Honorable Court grant shared legal and primary
physical custody of the children to the Plaintiff, with partial custody in the form of visitation to the
Defendants consistent with the agreement reached between the parties and filed
contemporaneously with this Complaint.
RESPECTFULLY SUBMITTED,
I
Mary Koll enne y?squire
KOLLAS KENNEDY
I.D. No. 69246
1104 Fernwood Avenue, Suite 104
Camp Hill, Pennsylvania 17011
Telephone: (717) 731-1600
ATTORNEY FOR PLAINTIFF
DATE:
4
JUDITH A. BUNN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO.
KEVIN E. ASKEROOTH AND
TRACY A. OLSON, CIVIL ACTION - LAW
Defendants : IN CUSTODY
VERMCA31ON
I, JUDITH A. BUNN, verify that the statements made in the foregoing COMPLAINT FOR
that false statements herein are made subject to the penalties of 18 Pa..C.S.A. 4904, relating to
CUSTODY are true and correct to the best of my knowledge, information and belief. I understand
unsworn falsification to authorities.
By: _ iL.CJ
JUDITH A. BUNN
DATE: ? 2ztq )
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JUDITH A. BUNN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3081 Civil
KEVIN E. ASKEROOTH AND
TRACY A. OLSON, CIVIL ACTION - LAW
Defendants IN CUSTODY
Af-CMANCE OF SERVICE
I, TRACY A. OLSON, accept service of the COMPLAINT FOR CUSTODY and certify
that I am authorized to do so as a Defendant.
TRACY A. SON
1347 Townline Road
Brimson, MN 55602
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JUDITH A. BUNN,
Plaintiff
KEVIN E. ASKEROOTH AND
TRACY A. OLSON,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3081 Civil
CIVIL ACTION - LAW
IN CUSTODY
ACCEPTANCE OF SERVICE
I, KEVIN E. ASKEROOTH, accept service of the COMPLAINT FOR CUSTODY and
certify that I am authorized to do so as a Defendant.
Date: *P Y
KEVIN 4QASKEROOTH
1126 Edmund Street
Saint Paul, MN 55101
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, December 1994
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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10259598-"229 Domestic Return Receipt
BY:- li!
Mary
V11 Kennedysquire
KOLLD KENNEDY
1104 Femwood Avenue
Suite 102
Camp Hill, PA 17011
(717) 731-1600
Attorney for Plaintiff
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JUDITH A. BUNN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3081 Civil
KEVIN R. ASKEROOTH AND
TRACY A. OLSON,
Defendants
CIVIL ACTION - LAW
IN CUSTODY
PROOF OF SERVICE OF NOTICE
PURSUANT TO 23 Pa. $ 65.3¢¢
$ S. omploltNDER:
e ltemal and/or 2for additional services.
?+ • mplele hams 1. 10. and ab.
?1 • Print your name and address on the reverse of this form so that we can ratum this
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is Attach this form to the front of the mallplece, or on the back It apace does not
ppeemtil.
m • Wnte 'Return Receipt Requested-on the mallplocs below the 8mcle number.
• The Rehire Reeolpt will show to whom the article was delivered and the dale
delivered.
0 3. Article Addressed to: 4a. Article
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I also wish to receive the
following services (for an
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2. IAI Restricted Delivery
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P o 11, Decemb 1994 1025e5es-0o229 Domestic Return Receipt
BY: /r V m,ILEU& VCN?IC
Mary K s Kennedy, Esquire
KOLLASAND KENNEDY
1104 Fernwood Avenue
Suite 102
Camp Hill, PA 17011
(717) 731-1600
Attorney for Plaintiff
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