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HomeMy WebLinkAbout08-5469McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantora-mwn.com Attorneys for Plaintiff PHILLIP M. ONDREJICKA, Plaintiff v. CAITLYN L. KEEFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 08.540 CIVIL TERM IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action after this complaint and notice are served, by entering written appearance personally or by attorney and filing in writing with the court your, defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 r Debra D. C or Dated: September 10, 2008 Attorneys for Plaintiff, Phillip M. Ondrejicka McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantora-mwn.com Attorneys for Plaintiff PHILLIP M. ONDREJICKA, Plaintiff V. CAITLYN L. KEEFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. O F. s!& CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Phillip M. Ondrejicka, an unmarried, adult individual currently residing at 4C Albert Lane, Dillsburg, PA 17019. 2. Defendant is Caitlyn L. Keefer, an unmarried, adult individual currently residing at 142 Salem Church Road, Mechanicsburg, PA 17050. 3. Plaintiff seeks custody or partial custody of the minor child, Noah M. Ondrejicka, born March 17, 2007, who has been residing with Defendant since his birth. 4. The child was born out of wedlock. Plaintiff and Defendant are not now, and never have been, married to each other. Neither Plaintiff nor Defendant is married to anyone else. 5. The relationship of Plaintiff to the child is that of Father and son. 6. The Plaintiff currently resides alone in his apartment. 7. The relationship of Defendant to the child is that of Mother and son. -2- 8. The Defendant currently resides with Michelle and Jeff Baker and their son Riley. The Bakers are friends, and are of no relation to the child. 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 11. 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 rights with respect to the child. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The child will benefit from a relationship with his father. Father has been asking mother to allow him time with the child. However, Mother has unreasonably refused to allow father to spend any time with the child since January of 2008. B. Mother's actions have deprived and continue to deprive the child of a relationship with his father. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child. -3- WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant Plaintiff rights of partial custody of the minor child. Respectfully submitted, McNEES WALLACE & NURICK LLC By ffet:rra ntor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile Attorneys for Piainfiff Dated: September 10, 2008 -4- VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Phillip .Ondrejicka Dated: ' 16 6 9 # '?E r6rMM` d C7 C fT? (7-i C? ra C= cra Vd rn crs PHILLIP M. ONDREJICKA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CAITLYN L. KEEFER DEFENDANT 2008-5469 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 18, 2008 , 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 Friday, October 10, 2008 at 9:30 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 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 hearing. FOR THE COURT. By: ls/ Hubert X. Gilroy, Esq. , R 4y-J 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 VINVIKnG N'4 hA- d o ".` t" 40 ! 83S 9002 OCT 14 2008 V, PHILLIP M. ONDREJICKA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CAITLYN L. KEEFER, NO. 2008-5469 Defendant IN CUSTODY COURT ORDER AND NOW, this 14- day of October, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Phillip M. Ondrejicka, and the mother, Caitlyn L. Keefer, shall enjoy shared legal custody of Noah M. Ondrejicka, born March 17, 2007. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday at 3:00 p.m. until Sunday at 7:00 p.m., unless agreed otherwise by the parties; B. Every Tuesday evening from 3:30 p.m. until 7:00 p.m., unless agreed otherwise by the parties; and C. At such other times as agreed upon by the parties. 4. The Father also shall enjoy two weeks of vacation with the minor child. He shall give the Mother at least thirty (30) days notice as to when he intends to exercise vacation. Mother shall also be entitled to a similar uninterrupted two week vacation in the event she exercises vacation. 5. Father shall also always have custody on Father's Day, and Mother shall always have custody on Mother's Day. This provision shall supersede any other provision of the Order. 6. The holiday schedule shall be handled as follows: A. For the Christmas holiday, the holiday shall be divided into two segments: Segment A shall be from December 24 at noon until December 25 at noon, and Segment B from December 25 at noon until December 26 at noon. The parties shall alternate Segment A and Segment B with the Mother having Segment A in 2008 and the parties alternating thereafter. °t B. For Easter, Memorial Day, July 4" and Labor Day, the parties shall alternate custody on those days. For 2009, the Mother shall have Easter and July 4"and the Father shall have Memorial Day and Labor Day, with the parties alternating thereafter. C. For the Halloween trick-or-treat event, the parties shall alternate custody with Father having 2009. However, if the parties' respective communities have different trick-or-treat evenings, each parent shall be entitled to have the child that evening for their own trick-or-treat event. D. For the Thanksgiving holiday, the parties shall share custody on that day with an exchange of custody at 3:00 p.m., unless agreed otherwise between the parties. The Mother shall have the first segment in 2008, and the Father shall have the second segment in 2008, unless agreed otherwise. The Thanksgiving holiday for the first segment shall start Wednesday at noon and continue until Thursday at noon, and the second segment will run from 3:00 p.m. on Thanksgiving until 3:00 p.m. on that Friday. For the holiday schedule on Memorial Day, July 4", Labor Day and Halloween, the party exercising custody on the holiday shall have the opportunity to extend that overnight to the next day. 8. For the alternating weekend schedule, in the event the parent having custody on a weekend is off work on the Monday following the weekend because of a Federal holiday or otherwise, they may opt to keep custody of the minor child through Monday. 9. The parties may modify the above custody Order as they agree. Absent an agreement, the parties shall follow the Order. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with a Custody Conciliator for a conference. BY THE COURT, Judge cc: ryl V. Krentzman Esquire Xs. Caitlyn L. Keefer A ?- T ii ~7 . *cc ujd: ?. Q C= N C3 PHILLIP M. ONDREJICKA, Plaintiff VS. CAITLYN L. KEEFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-5469 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Noah M. Ondrejicka, born March 17, 2007 2. A Conciliation Conference was held on October 10, 2008, with the following individuals in attendance: the father, Phillip M. Ondrejicka, with his counsel, Cheryl V. Krentzman, Esquire, and the mother, Caitlyn L. Keefer, who appeared without counsel. 3. The parties agreed to the entry of an Order in the form as attached. Date: October / ? '2008 Hubert X. Gilroy &squire Custody Concivtor McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor@mwn.com Attorneys for Plaintiff PHILLIP M. ONDREJICKA, Plaintiff V. CAITLYN L. KEEFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. 08-5469 CIVIL TERM IN CUSTODY AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Custody Complaint and Order of Court scheduling a Pre-Hearing Conference for October 10, 2008 at 9:30 a.m. in the above matter. These documents were originally mailed to me by first-class and certified mail, restricted delivery on September 17, 2008 and September 23, 2008 respectively. Dated: 6V ? .2&r Caitlyn L. Ke er ? Z't` ?° . " ` ? Goa ?, '-?+ ? ? ?"" .r-^ ? ?. f?, ]ea ? A . McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor _mwn.com ckrentzmana-mwn.com Attorneys for Plaintiff PHILLIP M. ONDREJICKA, Plaintiff V. CAITLYN L. KEEFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-5469 IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Petitioner Phillip M. Ondrejicka, by and through his attorneys, McNees Wallace & Nurick LLC, and hereby petitions the Court to Modify the Order of Custody entered on October 16, 2008, and in support thereof, avers the following: The Petitioner is Phillip M. Ondrejicka (hereinafter "Father"), an adult individual who currently resides at 3935 Mountain View Road, Mechanicsburg, Cumberland County, PA 17050. 2. The Respondent is Caitlyn L. Keffer (hereinafter "Mother"), an adult individual whose last known address was 106 Sunset Avenue, Pleasant Gap, Centre County, PA 16823. 3. The parties are the parents of Noah M. Ondrejicka (hereinafter "Child"), born March 17, 2007. 4. During a custody conciliation before Hubert X. Gilroy, Esquire, on October 10, 2008, the parties agreed to the entry of an Order, which was entered on October 16, 2008. Said Order granted the parties shared legal custody and Mother primary physical custody with Father having periods of physical custody on alternating weekends and every Tuesday evening. A true and correct copy of the Order dated October 16, 2008 is attached hereto as Exhibit "A." 5. From October 2008 through April 2009, the parties substantially adhered to the terms of the October 16, 2008 custody Order. 6. Father believes, and therefore avers, that it is in the best interest of the Child for the Court to grant Father primary physical custody of the Child and grant Mother partial physical custody consisting of alternating weekends and one night during the week. 7. The best interest and permanent welfare of the Child will be served by granting the relief requested for numerous reasons, including but not limited to the following: A. By agreement of the parties, Father has had sole physical custody of the Child since April 21, 2009. On that date, Mother dropped the Child off for Father's custodial period and has not sought any contact with the Child since. B. Mother sent Father text messages on April 21, 2009 stating, among other things, as follows: i) "I've been sick and when I say that I really mean ill. I can't take care of him right now." ii) N can't provide for him. I haven't eaten in four days so that he was able to. I literally can not care for him." C. Since April 21, 2009, Mother has only contacted Father on one occasion to inquire into how the Child is doing. D. Father believes that prior to his assumption of primary physical custody on April 21, 2009, Mother was neglecting the medical needs of the Child. E. Father believes that Mother may currently be homeless and residing in her vehicle. WHEREFORE, Father, Phillip Ondrejicka, respectfully requests that this Honorable Court modify the existing Order for partial custody to meet the best interest of the Children as follows: Grant Father primary physical custody; 2. Grant Mother partial physical custody consisting of alternating weekends and one night during the week. Respectfully submitted, McNEES WALLACE & NURICK LLC BY I aa for Attorney ID No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile Attorneys for Plaintiff Dated: May 7, 2009 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Dated: Philli Ondrejicka JI l ?n I "? FILED- FICE OF THE* PiR0TH "`g0TAPY 2009 MAY -7 PM 3: 29 Do fA-0-9 % Mc Ale-es jall,ce, /i.,rl lk MCNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney I.D. No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor(a-mwn.com Attorneys for Plaintiff PHILLIP M. ONDREJICKA, Plaintiff V. CAITLYN L. KEEFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-5469 IN CUSTODY PRAECIPE TO AMEND CAPTION TO THE PROTHONOTARY: Please amend the caption in the above-referenced case by changing the name of the Defendant from Caitlyn L. Keefer to Caitlyn L. Keffer. MCNEES WALLACE & NURICK LLC By r antor Attorney ID No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (fax) Attorneys for Plaintiff Date: May 7, 2009 PELED-Gi=r=lCE CP THE PROT!- r)NIOTARY 2009 MAY -7 PM 3.28 P NNW-VkA, McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 Lynnore K. Seaton Attorney ID No. 210241 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-2667 facsimile dcantor ,,mwn.com Iseaton(aD-mwn.com Attorneys for Plaintiff PHILLIP M. ONDREJICKA, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2008-5469 CAITLYN L. KEEFER, Defendant : IN CUSTODY AFFIDAVIT OF SERVICE I, Lynnore K. Seaton, Esquire of McNees Wallace & Nurick LLC, do hereby certify that I served a true and correct copy of the following documents in the above matter upon Defendant, Caitlyn L. Keefer, by hand delivery, on May 13, 2009: Petition for Modification of Custody Order, dated May 7, 2009; and 2. Praecipe to Amend Caption, dated May 7, 2009. McNEES WALLACE & NURICK, LLC BV. l ?'11iY?11.C?^ DebYa D. Cantor I.D. No. 66378 Lynnore K. Seaton 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor _mwn.com Iseaton(a)-mwn.com Attorneys for Plaintiff Dated: May 13, 2009 2 OF THE 2099 KA Y 14 Pi l 2: 00 P14ILLIP M. ONDREJICKA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CAITLYN L. KEEFER DEFENDANT 2008-5469 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 14, 2009 , 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 Thursday, June 18, 2009 at 8:30 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 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. 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 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 trrt ?.1 It I.FV `..t ?_ 2009 rt ._t . - JUN z 1 ?p PHILLIP M. ONDREJICKA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW CAITLYN L. KEFFER, NO. 2008-5469 Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess COURT ORDER AND NOW, this 23'j day of June, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of October 16, 2008, is vacated. 2. The father, Phillip M. Ondrejicka, shall enjoy legal and physical custody of Noah M. Ondrejicka, born March 17, 2007. 3. The Mother, Caitlyn L. Keffer, shall enjoy periods of visitation with the minor child under such circumstances and at such times as agreed to by the father. 4. In the event the mother desires additional time with the minor child and the parties cannot agree, the mother may petition the Court to have the case again scheduled with a Custody Conciliator for a conference. BY THE COURT, cc: Debra D. Cantor, Esquire `! Ms. Caitlyn L. Keffer '4? G . J.3 - 6 PHILLIP M. ONDREJICKA, Plaintiff vs. CAITLYN L. KEFFER, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-5469 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Noah M. Ondrejicka, born March 17, 2007 2. A Conciliation Conference was held on June 18, 2009, with the following individuals in attendance: The father, Phillip M. Ondrejicka, with his counsel, Debra D. Cantor, Esquire. The mother, Caitlyn L. Keffer, did not appear. 3. There was a prior Order from October of 2008 when the parties agreed upon mother having primary custody. Since that time, the mother has delivered custody of the child to the father and the mother has had little, if any contact with the minor child over the past few months. 4. The Conciliator recommends an Order in the form as attached. Date: June -1 , 2009 Hubert . Gilroy, squire Custody Concilia or 7+ 21!09 <<' ";"Q 23 f lo: