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HomeMy WebLinkAbout08-3843AVERI M. STEVENS, Plaintiff V. DANIEL R. LESCALLEET, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 314'3 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Averi M. Stevens, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Averi M. Stevens, is an adult individual with an address of 44 Conway Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Daniel R. Lescalleet, is an adult individual with an address of 8020 Woodsedge Drive, Apartment 306, Charlotte, North Carolina 28216. 3. The parties are the natural parents of one (1) child, namely, Ava R. Lescalleet, born August 22, 2006. ,-ft 4. The Plaintiff, Averi M. Stevens, desires that the parties have shared legal custody of the minor child, Ava R. Lescalleet. 5. The Plaintiff, Averi M. Stevens, desires primary physical custody of said minor child, Ava R. Lescalleet with periods of temporary physical custody to Defendant, Daniel Lescalleet, as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Averi M. Stevens, respectfully requests that she be awarded primary physical custody and shared legal custody of Ava R. Lescalleet as provided herein, with periods of temporary physical custody to Defendant, Daniel R. Lescalleet, as provided herein. By: Respectfully submitted, IRWIN & McKNIGHT Marcu A. McKuftq III, Esquire Attornfor Plainh 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: June 26, 2008 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. AVERI 1 . STEV S Date: June 26, 2008 CJ ?A FT, oc, ?- =< a ? t AVERI M. STEVENS IN "ft lE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3843 CIVIL ACTION ON LAW DANIEL R. LESCALLEET IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, July 07, 2008 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 05, 2008 at 11:30 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. Failure to appear at the conference may provide grounds for entry ofa temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _ Is/ Dawn S. Sunday, Esq, Custody Conciliator The Cotu-t of Cornmon Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 ONF. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WIlERI YOU CAN <.;tIT LEGAL HELP. Cumberland C'orinty Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 s 'Vlnu+dd AINr,1C" SMIO 10 :11 Nv 8- Inr Z AUG 0 8 2008 AVERI M. STEVENS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-3843 CIVIL ACTION LAW DANIEL R. LESCALLEET Defendant IN CUSTODY ORDER OF COURT AND NOW, this /d ` day of 2008, upon consideration of the attached Custody Conciliation Report, is ordered and directed as follows: 1. The Mother, Averi M. Stevens, and the Father, Daniel R. Lescalleet, shall have shared legal custody of Ava R. Lescalleet, born August 22, 2006. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. Pending further Order of Court or agreement of the parties, the Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday, when the Father shall pick up the Child at the paternal grandmother's residence, through Sunday at 5:00 p.m. 4. Pending the follow-up custody conciliation conference scheduled in this Order, the Father shall have custody of the Child on Labor Day weekend from Friday through Monday at 5:00 p.m., over the long Thanksgiving weekend through Monday at 5:00 p.m., and from Friday, December 26 through Friday, January 2 at 5:00 p.m. 5. Unless otherwise agreed, the Father shall exercise his periods of custody with the Child in Pennsylvania, with the exception of the custodial period over the Christmas holiday for which the Father may take the Child to his residence in North Carolina, providing that the Father is off work during the period of his custodial time. 6. The Father shall be entitled to have liberal reasonable telephone contact with the Child. The Mother shall cooperate in ensuring that such contact is also initiated by the Mother for the Child and ensuring that the Father's telephone messages are returned in a timely manner. 7. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Friday, January 9, 2009 at 2:00 p.m. for the purpose of reviewing the custodial arrangements and further addressing the Father's request for expanded periods of custody with the Child. 8. 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: arcus A. McKnight, III, Esquire - Counsel for Mother ;,-Michael O. Palermo, Jr., Esquire - Counsel for Father 14 MNII)CK-1 '7" C Z: I I WV Z I onv BOOZ Advi ?JN%l")H.1Lo 31Hl A0 0!': 0 11A AVERI M. STEVENS Plaintiff VS. DANIEL R. LESCALLEET Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3843 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: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ava R. Lescalleet August 22, 2006 Mother 2. A custody conciliation conference was held on August 5, 2008, with the following individuals in attendance: the Mother, Averi M. Stevens, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Daniel R. Lescalleet, with his counsel, Michael O. Palermo, Jr., Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator JAN 1 6 2oos? 3 1 AVERI M. STEVENS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-3843 CIVIL ACTION LAW DANIEL R. LESCALLEET Defendant IN CUSTODY ORDER OF COURT ,9 1 *T P, day of 2009, upon AND NOW, this consideration of the attached Custody Conciliation eport, it is or ed and directed as follows: 1. The prior Order of this Court dated August 12, 2008 shall continue in effect as modified by this Order. 2. In addition to the alternating weekend periods of custody, the Father shall have custody of the Child from February 21, 2009 at 9:00 a.m. through February 28, 2009 at 9:00 a.m., for which the Father may take the Child to his residence in North Carolina. 3. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, March 31, 2009 at 10:30 a.m. for the purpose of establishing further custody arrangements after the Father has obtained employment. In the event the Father has not obtained employment by the time of the conference, the Father shall notify the Mother's counsel and the conciliator so that the conference can be rescheduled. 4. 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. BY Edward E. Guido J. cc: ?M us A. McKnight, III, Esquire - Counsel for Mother aniel R. Lescalleet - Father o?i wv, Rif 60, IA AVERI M. STEVENS Plaintiff VS. DANIEL R. LESCALLEET Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3843 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: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ava R. Lescalleet August 22, 2006 Mother 2. A custody conciliation conference was held on January 9, 2009, with the following individuals in attendance: the Mother, Averi M. Stevens, with her counsel, Marcus A. McKnight, III, Esquire. The Father, Daniel R. Lescalleet, who resides in North Carolina, participated in the conference by telephone. The Father was not represented by counsel at the conference. 3. The parties agreed to entry of an Order in the form as attached. 0 02 (J- Date Dawn S. Sunday, Esquire Custody Conciliator OCT 2 3 2009 AVERI M. STEVENS vs. Plaintiff DANIEL R. LESCALLEET Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3843 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 20th day of October, 2009 , the conciliator, having received no requests from either party or counsel to reschedule the custody conciliation conference initially set for April 3, 2009, hereby relinquishes jurisdiction. FOR THE COURT, cam- Dawn S. Sunday, Esquire Custody Conciliator CE OF THE PROMNOTARY 2119 OCT 26 RM 10: 13 Qjku"a) COLM IYU"