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HomeMy WebLinkAbout03-5534GOLDBERG, KATZMAN & SHIPMAN, P.C. Heather L Patemo, Esquire Supreme Court ID #87506 320 Market Streeh P.O. Box 1268 Harrisburg. PA 17108-1268 ~ttorneys for Plaintiff VIRGiNIA B. DOUGHERTY, Plaintiff, HOMER S. DOUGHERTY, Defendant. iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION- LAW CUSTODY/VISITATION COMPLAINT FOR CUSTODY Plaintiffis VIRGINIA B. DOUGHERTY, whose current address is 1101 Lindham Court, Apartment 203, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is HOMER S. DOUGHERTY, whose current residential address is believed to be 2565 Woodbury Pike, Route 36, Woodbury, Bedford County, Pennsylvania. 3. Plaintiff is the Mother, and Defendant is the Father of the Child who is the subject of this action. Name: Present Residence: Plaintiff seeks shared legal and primary physical custody of.' Gabrielle Janet Dougherty, Date of Birth: June 11, 1998. 1101 Lindham Court, Apartment 203, Mechanicsburg, Cumberland County, Pennsylvania The child was bom during the marriage of the parties. 5. The Child presently resides her mother, the Plaintiff herein, at 1101 Lindham Court, Apartment 203, Mechanicsburg, Cumberland County, Pennsylvania. 6. From birth until September 2002, the Child lived at 3286 D Wakefield Road, Harrisburg, Pennsylvania with both mother and father. 7. From September 2002 to April 2003, the Child resided at 1786 Weatherburn Drive, New Cumberland, Pennsylvania with both mother and father. 8. From April 2003 to present, the child has resided at1101 Lindham Court, Apartment 203, Mechanicsburg, Cumberland County, Pennsylvania, with Mother. 9. Plaintiffhas no information of a custody proceeding concerning the Child pending in a court of this Commonwealth. 10. The best interests and permanent welfare of the Child will be served by the relief requested. I 1. Plaintiff has not participated as a party, witness or in another capacity or in other litigation concerning the custody of the Child in this or another Court. 12. Plaintiff currently lives with her daughter, Gabrielle, the subject child of these proceedings at 1101 Lindham Court, Apartment 203, Mechanicsburg, Cumberland County, Pennsylvania. 13. To the best of Plaintiff's knowledge, Defendant lives with a girlfriend at 2565 Woodbury Pike, Route 36, Woodbury, Bedford County, Pennsylvania. WHEREFORE, Plaintiffrespectfully requests that the court grant the parties shared legal custody, that Plaintiff be awarded primary physical custody of her daughter, Gabrielle, and that Defendant be awarded temporary physical custody to be determined. Respectfully submitted, GOLDBE]?,.~, KATZMAN & SHIPMAN, P.C. Y~~ B ~ [ Heather I~ Patemo, Esquire {_,/ 320 Market Street, Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff 101329.1 VERIFICATION 1 verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. VIRGINIA B. DOUGHERq PLAINTIFF HOMER S. DOUGHERTY DEFENDANq[ AND NOW, it is hereby directed that partie at 301 Market Stree~ for a Pre-Hearing Custody Cor if this cannot be accomplished, order. All children age five or provide grounds for entry of al The court hereby dire, Special Relief orders, and Cu IN THE COURT C,F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5534 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT friday, October 24, 2003 , upon consideration of the attached Complaint, ~ and their respective counsel appear before Melissa P. Greevy, Esq. , the concil , Lemoyne, PA 17043 on Tuesday, November 25, 2003 at 9:30 ference. At such conference, an effort will be made to resolve the issues in dispute to define and narrow the issues to be heard by the court, and to enter into a tempon ~lder may also be present at the conference. Failure to appear at the conference ma emporary or permanent order. :ts the parties to furnish any and all existiug Protection from Abuse orders, ;tody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq, ~/ Custody Conciliator The Court of Corlamon Pleas of Cumberland Cotmty is required by law to comply with the Americar ~vith Disabilites Act of 199~). For information about accessible facilities and reasonable ac~,commodations available to disabled indivi~tuals having business before the court, please contact our office. All arrangements must be made at least 72 ht~urs prior to any hearing or business before the court. You must attend the schedul conference or hearing. / / YOU SHOULD ~FAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY (3 [~ CANNOT AFFORD ONE., GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINI OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 iator, or I.D. #87506 Goldberg Katzman & Shipman, P.C. Harnsbu~g, PA 17108-1268 (717) 234-4161 A orneys for Plaintiff i ~IRGINIA B. DOUGHERTY, Plai atiff V. HOMER S. DOUGHER' 'Y, De: mdant COMMONWEALTH ( COUNTY OF DAUPH Personally appe County, HEATHER L. and says that on Octob~ mail, restricted delive~ Pike, Route 36, Woo~ S. Dougherty, and sho~ hereof. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5534 C1V1L : : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE, : PENNSYLVANIA ) ) SS. ) ~red before me, a Notary Public, in and for said Commonwealth and ~ATERNO, ESQUIRE, who being duly sworn according to law deposes 22, 2003, she sent a copy of the Complaint for Custody by certified return receipt requested, to Homer S. Dougherty, at 2565 Woodbury ury, Pennsylvania 16695, and the return receipt card signed by Homer 'n as being delivered October 25, 2003, is attached hereto and made a part HEATHER L. P~TERNO, ESQUIRE Sworn to and subs~rik ed ~efore me this ,:~9ts day of t~{~.~ ~D_, 2003. C~4C31DOCSI1024 Return Receipt Fee ! FU (Endorsement Required) i~[~ Restricted Delivery Fee I~ (Endorsement Required) Total Postage & Fees · Complete I~ item 4 · Print ~ so that we, · Attach this Homer 2565 REST PS Form 3811 C. Date Of ~ []Ye~ If YES, ent~' deliver, address baiow: r'/No Route PA 16695 3. Service Type ~ ~Certified Mail [] Express Mail ~ [] Register~:l ~ Return Recaipt for Merc~ [] Insured Mail [] C.O.D. !ICTEO DELIVERY 4. Restricted Delive~/? (Extra Fee) AUgust 9001 Domestic Return Receipt 10259S-O2-M-i~ VIRGINIA B. DOUGHERTY, Plaintiff VS. HOMER S. DOUGHERTY Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5534 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~~.~.-~__., 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Virginia Dougherty and the Father, Homer Dougherty, shall have shared legal custody of Gabrielle Janet Dougherty, born June 11, 1998. 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. 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 have primary physical of the Child. 3. The Father shall have partial physical custody of the Child on altemating Saturdays, beginning December 6, 2003, from 5:45 am until 6:00 pm. After following this schedule for a period of three months from the date of this Order, the parties shall cooperate in reviewing the custody arrangements with the goal of expanding the Father's periods of custody to full alternating weekends. In the event the parties are unable to reach an agreement as to ongoing custody arrangements at that time, counsel for either party, or a party pro se, may contact the conciliator to schedule an additional conference. The Father shall not remove the Child from the Commonwealth of Pennsylvania without the prior consent of the Mother. 4. Over the Christmas holiday in 2003, the Father shall have custody of the Child on Christmas Eve Day, with the specific times to be arranged by agreement of the parties. The Mother shall have custody for the Children's Mass on Christmas Eve through Christmas Day. 5. The Mother shall request guidance from the Child's counselor to assist the Child in developing the ability to sleep on her own. The Father shall be entitled to have contact with the Child's counselor to discuss issues concerning the Child, including the sleeping issue. 6. The Father shall be entitled to contact the Child by telephone before bedtime each night. In the event the Child is not available to receive the Father's call, the Mother shall ensure that the Child calls the Father before bedtime. 7. Both parties shall ensure that there is sufficient ventilation whenever either party or a third person is smoking in the presence of the Child. 8. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide in advance to the other party the address and telephone number where the Child can be contacted. The telephone number may be the party's cellular telephone number. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. 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. cc: ,,-Heather L. Patemo, Esquire - Counsel for Mother ,,"Homer Dougherty - Father VIRGINIA B. DOUGHERTY, Plaintiff VS. HOMER S. DOUGHERTY Defendant 1N THE COURT OF COMMON PLEAS OF CLYMBERLAND COUNTY, PENNSYLVANIA 03-5534 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: NAlVIE DATE OF BIRTH CURRENTLY IN CUSTODY OF Gabrielle Janet Dougherty June 11, 1998 Mother 2. A Conciliation Conference was held on December 2, 2003, with the following individuals in attendance: The Mother, Virginia Dougherty, with her counsel, Heather L. Paterno, Esquire, and the Father, Homer Dougherty, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the provision regarding the provision of the address where the Child can be contacted which is the recommendation of the conciliator over the Mother's objection. Date Dawn S Sunday, Esquire Custody Conciliator