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HomeMy WebLinkAbout03-3278LAW OFFICES OF PETER J. RUSSO, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 RICHARD DUGAN, III : Plaintiff : V. '- : THERESA PROSSER, : Defendant : _- .. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Z003- 7 f CIVIL ACTION - LAW CUSTODY COMPI,AINT FOR CII~TOD¥ AND NOW, comes the Plaintiff, RICHARD DUGAN, m, by and through Law Offices of Peter J. Russo, P.C., and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1. The Plaintiff is RICHARD DUGAN, rg, residing at 1298 Kelton Road, Camp Hill, Pennsylvania 17011. 2. The Defendant is THERESA PROSSER, residing at 252 West Queen Street, Annville, Pennsylvania 17003. 3. Plaintiff seeks custody of the following child: Name Present Residence Dillan Michael Dugan 1298 Kelton Street Camp Hill, PA 17011 4. The child was bom out of wedlock. Mar. 29,2003 The child is presently in the custody of Plaintiff, who resides at, 1298 Kelton Street, Camp Hill, Pennsylvania 17011. 6. During the past five years, the child has resided with the following persons and at the following addresses: Persons Plaintiff & Defendant Street, Street, resides Address Duration 1298 Kelton Road March 29, 2003 to present 7. The mother of the child is Defendant, Theresa Prosser, residing at 252 West Queen Annville, Pennsylvania 17003. The mother is not married. 8. The father of the children is Plaintiff, Richard Dugan, III, residing at 1298 Kelton Camp Hill, Pennsylvania 17011. The father is not married. 9. The relationship o f plaintiff to the child is that of father. The plaintiff currently with the following persons: Name David Dugan Debbie Dugan Cassie Dugan Samantha Dugan Chance Dugan 10. Relationship Cousin Cousin's wife Cousin's daughter Cousin's daughter Cousin's son The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Steve Prosser Brother William (last ~mme unknown) Son 11. There are not any existing Orders of Court. 12. Defendant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. Defendant 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. 1. The best interest and permanent welfare of the child will be served by placing legal and primary physical custody of the child with Plaintiff. WHEREFORE, Plaintiff requests tiffs Honorable Court to order that primary physical and legal custody of the subject minor child be placed with Plaintiff. Date: ~//a/t7 3 Respectfully submitted, Law Offices of Peter J. Russo, P.C. By: Scott A. Stein PA ID No. 81738 Attorney for Plaintiff RICHARD DUGAN, III : Plaintiff : .. V. .. THERESA PROSSER, : Defendant : .. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 CIVIL ACTION - LAW CUSTODY VERIFIC. ATION I, Richard Dugan m, hereby swear and affm'n that the facts in the forgoing Petition for Custody of the Minor Child are true and correct to the best of my knowledge, information, and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: ,~.x,,ro A2~-y~ ~ P O~m~ Richard Dugan, m LAW OFFICES OF PETER J. RUSSO, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 RICHARD DUGAN, III Plaintiff THERESA PROSSER, Defendant Attomey for Pla'mtiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Scott A. Stein, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by Certified Mail, Return Receipt Requested, and Addressed as follows: Theresa Prosser 252 West Queen Street Annville, PA 17003 Date: co~. Stein~'~ LAW OFFICES OF PETER J. RUSSO, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 RICHARD DUGAN, III : Plaintiff : : V. : THERESA PROSSER, : Defendant : : Attomey for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 32 CIVIL ACTION - LAW CUSTODY PETITION FOR EMF, RGENC, Y REI ,IEF SEEKING CUSTODY OF Tl-lE MINOR CHII,D AND NOW, COMES, the Plaintiff, Richard Dugan, 1~, by and through Law Offices of Peter J. Russo, P .C., and respectfully submits the following in support of Plaintiffs Petition for Emergency Relief Seeking Custody: 1. The Plaintiff is RICHARD DUGAN, III, residing at 1298 Kelton Road, Camp Hill, Pennsylvania 17011. 2. The Defendant is THERESA PROSSER, residing at 252 West Queen Street, Annville, Pennsylvania 17003. 3. Plaintiff seeks custody of the following child: Name. Present Residence I)OR Dillan Michael Dugan 1298 Kelton Street Mar. 29, 2003 Camp Hill, PA 17011 4. The child was bom out of wedlock. The child is presently in the custody of Plaintiff, who resides at, 1298 Kelton Street, Camp Hill, Pennsylvania 17011, the following addresses: Persons Plaintiff & Defendant During the past five years, the child has resided with the following persons and at resides with the following persons: Name David Dugan Debbie Dugan Cassie Dugan Samantha Dugan Chance Dugan Relationship Cousin Cousin's wife Cousin's daughter Cousin's daughter Cousin's son resides 10. with the following persons: Name Steve Prosser William (last name unknown) The relationship of defendant to the child is that of mother. The defendant currently Relationship Brother Son 11. There are not any existing Orders of Court. 12. Defendant has simultaneously filed a complaint for divorce and custody that is attached hereto as Exhibit A. 13. Defendant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. Defendant does not know of a person not a party to the proceedings who has 7. The mother of the child is Defendant, Theresa Prosser, residing at 252 West Queen Street, Annville, Pennsylvania 17003. The mother is not married. 8. The father of the children is Plaintiff, Richard Dugan, m, residing at 1298 Kelton Street, Camp Hill, Pennsylvania 17011. The father is not married. 9. The relationship o fp laintiff to the child is that of father. The plaintiff currently Duration March 29, 2003 to present Address 1298 Kelton Road physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. Shortly after the birth of their child, Mother left the subject child in the custody of Plaintiff/Father and retumed to Lebanon County with her other son, William. Since then, Father and Mother have shared custody of the child as agreed by the 16. parties. 17. On or about July 9, 2003, Mother had the child for a period of custody and when father attempted to pick the child up from her Annville home, mother refused to mm over custody. Father managed to obtain custody of the child and proceeded to leave the home of 18. mother. 19. 20. his child. 21. After only traveling a couple of blocks, Father was stopped by the Annville police for taking the child. After speaking to the police, Father was released and allowed to return home with The best interests of the child would be served if a temporary order was entered regarding the physical custody of the child. 22. In the interim, the best interests of the children would further be served if Defendant was prevented from leaving the jurisdiction of this court with the subject minor child before a heating could be heard on this matter. 23. The best interests of the children would be served if Plaintiff were provided temporary physical custody until a conciliation conference could be had between the parties. WHEREFORE, Defendant requests this Honorable Court to order that physical custody of the minor child be placed with Plaintiff until a custody conciliation conference can be held regarding this matter. Date: By: Respectfully submitted, Law Offices of Peter J. Russo, P.C. Attomey for Defendant 112) No. 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 LAW OFFICES OF PETER J. RUSSO, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 RICHARD DUGAN, III : Plaintiff : _. V. : THERESA PROSSER, : Defendant : ; ._ Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - CIVIL ACTION - LAW CUSTODY VERIFICATION I, Richard Dugan, III, verify that the statements made in the foregoing document are tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Richard Dugan, LAW OFFICES OF PETER & RUSSO, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 RICHARD DUGAN, III Plaint'df THERESA PROSSER, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Scott A. Stein, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by Certified Mail, Return Receipt Requested, and Addressed as follows: Date: Theresa Prosser 252 West Queen Street Annville, PA 17003 RICHARD DUGAN, Ill : Plaintiff · : THERESA PROSSER, : Defendant : ,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2oo3- CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this I0'~ day of ~r ~ 2003, upon consideration of the attached Petition for Emergency Relief Seeking Custody of the Minor Child, Petitioner's reauested relief is hereby' GRANT~_~ r-'- I PO~tion~r; ..... ~r~l~ tc"~ve-~'T F~,y' -~ ~r~cty of the minor child, Dillm~ Michael Dugan, bom March. 29, 2003, pending a custody conciliation conference or until further Order of · Neither party shall remove the children from this Court's Jurisdiction until further Order of this Court. Judge RICHARD DUGAN, III PLAINTIFF V. THERESA PROSSER DEFENDANT IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3278 CIVIL ACTION LAW : : IN CUSTODY ORDER OFCOURT AND NOW, Tuesday, July 15, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 16, 2003 al 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effbrt 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 hearinR. FOR THE COURT, By: /s/ Hubert X. Gilroy. 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 pr/or 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 OCT 0:3 2003 RICHARD DUGAN, 1II, Plaintiff V THERESA PROSSER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW : : NO. 2003- 3278 CIVIL : 1N CUSTODY CO~TO~ER AND NOW, this _~_~_~ day of V~'' ~ , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this court's prior order of July 10, 2003 is vacated and replaced with the following order: The Father, Richard Dugan, III, and the Mother, Theresa Prosser, shall enjoy shared legal and shared physical custody of Dillan M. Dugan, born March 29, 2003. 2. Physical custody of the minor child shall be handled as follows: The parties shall alternate physical custody on a week on/week off basis pursuant to the schedule which the parties have already implemented. B. Holidays shall be shared as follows: The Christmas holiday shall be divided into two segments, Segment A shall be from Christmas Eve at Noon until Christmas Day at Noon and Segment B shall be from Christmas Day at Noon until December 26* at Noon. Mother shall enjoy custody of the minor child for Segment A in 2003 with the Father enjoying Segment B, and the parties alternating thereafter. Mother shall always have custody on Easter and Father shall always have custody on Thanksgiving, the timeframe being from 9:00 a.m. until 6:00 p.m. The parties may modify this schedule as they agree. In the event the parties desire to modify the order and cannot reach an agreement, either party may petition the court to have the case again scheduled with the conciliator for a custody conciliation conference. Once the child is of an appropriate age, each parent shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the other parent. In the event either parent intends to relocate out of the Central Pennsylvania area to such a location that would require a modification of this custody order, that parent must give the other parent at least 90 days notice of their intention to relocate and must also file the appropriate documentation with the court in order to have this order modified. Unless agreed otherwise, the non-custodial parent receiving custody of the minor child shall handle transportation for exchange of custody. BY ~IE COURT, Edward E. Guido cc: /J_. ~ H. elvy, Esquire :~C~tt Ste~n, Esquire ~(~ .~ RICHARD DUGAN, III, Plaintiff V THERESA PROSSER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : : NO. 2003 - 3278 CIVIL : IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Dillan M. Dugan, born March 29, 2003. A Conciliation Conference was held on September 18, 2003, with the following individuals in attendance: The Father, Richard Dugan, Ill, with his counsel, Scott Stein, Esquire; and the Mother, Theresa Prosser, with her counsel, J. Paul Helvy, Esquire. 3. The parties agree to the entry of an order in the form as attached. /-X. ~' roy, Esqmre toi~liator '