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HomeMy WebLinkAbout03-5691IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW ROSEMARY DOYLE, Plaintiff RICHARD HE! J.ER, Defendant : IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, ROSEMARY DOYI,E, by and through her attorney, Maryann Murphy, Esquire, and respectfully files this Complaint in Custody, and in support thereof avers as follows: 1. Plaintiff, ROSEMARY DOYI.~ currently resides at 227 Brian Drive, Enola, Cumberland County, Pennsylvania 17o25. 2. Defendant, RICHARD HELLER, currently resides at 631 Tower Road, Enola, Cumberland County, Pennsylvania 3- The Plaintiff seeks primary custody of the following child: SHAWN MICHAEL HELLER, born September 28, ~998 4. The child was born out of wedlock. 5- During the lifetime of the child, he has resided at the following addresses with the following persons: Time birth-1~/1998 Address Gates Lane Enola, PA With Whom Plaintiff, Defendant 12/1998-6/1999 6/1999-2ooo ~,ooo-5/~,OOl 5/2OOl-present 227 Brian Drive Enola, PA Enola Drive Enola, PA New Cumberland, PA 227 Brian Drive Enola, PA Plaintiff, Plaintiffs parents Plaintiffs brother Plaintiff Plaintiff, Plaintiffs boyfriend Plaintiff, Plaintiffs parents Plaintiffs brother The father of the child is RICHARD HELLER. He is single. The mother of the child is ROSEMARY DOYLE. She is single. The Plaintiff has not participated as a party or witness in other litigation concerning the custody of the child in this or any other Court, except as set forth above. 9. The Plaintiff has no information of any other custody proceeding concerning the child currently pending in a Court of this Commonwealth or any other Court. lO. 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 fights with respect to the child. 11. Each parent whose parental fights to the child have not been terminated, and the persons who have physical custody of the child, have been named as parties to this action. There are no other persons known to have or claim a fight to custody or visitation of the child and therefore, no further notice of the pendency of this action and the fight to intervene shall be given, other than to the parties named herein. 12. The best interest and permanent welfare of the minor child will be served by granting Plaintiff primary custody. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary custody of SHAWN MICHAEL HELl,ER, born September 28, 1998. Respectfully submitted, ryann ~urphy, PMB 246 4902 Carlisle Pike Mechaniesburg, PA 17050 (717) 730-0422 I.D. # 61900 Attorney for Plaintiff VERIFICATION I, ROSEMARY DOYI.I~., verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 49o4, relating to unswom falsification to authorities. ROSEMARY DOYLE PLAINTIFF RICHARD HELLER DEFENDANT IN THE COURT ,OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5691 CIVIL ACTION LAW IN CUSTODY ..ORDER OF COURT AND NOW, Wednesday, November 05, 2003 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before :l_aequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 02, 2003 at 2:30 PM 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 l~resent at the conference. Fa/lure to al~pear 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours l~rior to scheduled hearinl~. FOR THE COURT, By: /s/ facqueHne 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 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW ROSEMARY DOYLE, Plaintiff Vt RICHARD HELLER, Defendant : NO. o3-569x Civil Term : IN CUSTODY ORDER OF COURT AND NOW, this ~,~l day of ~ ,2003, upon consideration of the attached Stipulation for Entry of a Custody Order, IT IS HEREBY ORDERED AND DECREED that custody of the minor child, SHAWN MICHAEL HELLER, born September 28, x998, shall be as follows: 1. MOTHER shall have primary custody of the minor child. 2. FATHER shall have partial physical custody of the minor child on alternate weekends from Saturday morning until Sunday evening, and on every Thursday evening. 3. MOTHER shall notify FATHER of important matters concerning SHAW-N, including any emergencies which may arise, and any school or other activities concerning the minor child. 4. Both parents shall give support to the other in the role as parent, and shall take into account the concerns of the other for the physical and emotional well-being of the minor child. 5. By mutual consent of the parents, a modified schedule may be agreed upon between them for and in the best interests of their minor child. 6. This Order shall replace and supersede any and all prior Custody Orders and/or agreements between the parents, and shall remain in full force and effect pending further Order of Court. BY THE COURT: j. Distribution: jMaryann Murphy, Esquire PMB ~46, 49o2 Carlisle Pike, Mechanicsburg, PA 17o5o Lt~'~ (for Plaintiff) Richard Heller 631 Tower Road, Enola, PA 17025 (Defendant) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW ROSEMARY DOYLE, Plaintiff RICHARD HEI Defendont NO. O3-5691 Civil Term IN C'~LISTODY STIPULATION FOR ENTRY OF A CUSTODY ORDER ROSEMARY DOYLE (hereinafter referred to as "MOTHEPC'), and RICHARD HELLER (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody with respect to: SHAWN MICHAEL HELLER, born September 28, 1998, the minor child involved in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody of SHAWN as follows: 1. The parents agree that MOTHER shall have primary custody of the minor child. 2. The parents agree that FATHER shall have partial physical custody of the minor child on alternate weekends from Saturday morning until Sunday evening, and on every Thursday evening. 3. MOTHER agrees to notify FATHER of important matters concerning SHAYVN, including any emergencies which may arise, and any school or other activities concerning the minor child. 4. Both parents agree to give support to the other in the role as parent, and to take into account the concerns of the other for the physical and emotional well-being of the minor child. 5. Both parents agree that, by their mutual consent, an altered schedule may be agreed upon between them for and in the best interests of their minor child. 6. The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania for approval and for entry of an Order awarding custody and partial custody as set forth herein, and the parents hereby request that this Honorable Court enter sueh an Order. IN Wf~'NE,~ WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. D te I RI(~HARD HELLF~R ROSEMARY DOYLE, Plaintiff V. RICHARD HELLER, Defendant BEC" 2 2003 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-5691 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of December, 2003, the Conciliator, having been advised that the parties have reached a stipulated agreement, hereby relinquishes jurisdiction in this matter. FOR THECOURT, Ja/cqu~14ne M. Vemey, Esquire, Cus~dy Conciliator