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HomeMy WebLinkAbout04-2024LINDSAY OBERDORF, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff THOMAS FULLER, Ill, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff Lindsay Oberdorf is an adult individual with an address of 850 Oakville Road, Newville, PA 17241. 2. The Defendant Thomas Fuller III is an adult individual with an address of 235 North Street, Chambersburg, PA 17201. 3. The Plaintiff and the Defendant are the natural parents of Garrett Fuller born June 24, 2001. 4. The Plaintiff and the Defendant are the natural parents of Delaney Fuller born March 29, 2004. 5. The Plaintiff and the Defendant are not married. 6. Since birth the children have resided with the Plaintiff at 850 Oakville Road, Newville, PA 17241. 7. Neither Plaintiff or the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 or any amendments thereto. 8. The Plaintiff and the Defendant are citizens of the United States of Amedca. 9. The best interest for the permanent welfare of the children will be served by granting custody of the children to the Plaintiff, Lindsay Ot)erdorf. WHEREFORE, the Plaintiff respectfully requests that the Court grant primary physical custody of the children to the Plaintiff, Lindsay Ol:)erdorf. Brian K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Id. No. 59262 Attorney for the Plaintiff VERIFICATION I verify that the statements made in this document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. LINDSAY OBERDORF, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. THOMAS FULLER, III, Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Bdan K. Zellner, Esquire, do hereby certify that tile Defendant was served with the Complaint for Custody in this matter bt Certified Mail, Return Receipt Requested on May ~ 2003. I hereby verify that the statements of fact made in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that nay flase statements therein are subject to criminal penalties contained in 18 Pa. S.C. Section 4909, relating to unsworn falisification to authorities. Date: ?~?-~/o¥ //~'-/~'~ -Bria~ K. Zeltner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 A~/Id. No. 59262 Attorney for the Plaintiff LINDSAY OBERDORF : PLAINTIFF : THOMAS FULLER, III DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUTNTY, PENNSYLVANIA 04-2024 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 12, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, June 15, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At suer 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 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 hearing. FOR THE COURT. By: ~si Melissa P. Greevy. Esq. Custody Conciliator mhc 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 LINDSAY OBERDORF, , Plaintiff : IN THE COLJRT OF ~;~MMON PLEAS OF CUMBERLAND COUlib'Y, PENNSYLVANIA NO. 04-2024 CIVIL TERM V. THOMAS FULLER, III, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 7th day of July, 2004, the Pre-Hearing Custody Conference 2004 is continued. It is hereby directed that the parties and E,s_,tqh~previously scheduled for July 1, uirs, the Conciliator, at their respective counsel appear before Melissa Peel Grse..vy, 301 Market Street, Lemoyne, Pennsylvania 17043 on tne z~ day of July, 2004 at t0:30 a.m. for a Custody Conciliation 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 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 Melissa Peel Greevy, Esquire Custgdy Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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) 249-31'66 Dist: Brian K. Zellner, Esquire, PO Box 368, Camp Hill, PA 17001 Thomas Fuller, Ill, 235 North Street, Chambersburg, PA 17201 :231837 LINDSAY OBERDORF, Plaintiff V. THOMAS FULLER, III, Defendant JUL 1 0 2004 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2024 CIVIL TERM 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Garrett Fuller Delaney Fuller June 24, 2001 March 29, 2004 Mother Mother 2. A Custody Conciliation Conference was scheduled for July 1, 2004. Plaintiff's attorney attended. Apparently, neither party received notice of the Conciliation date despite the Order having been issued on June 15, 2004. Mother arrived for the Conciliation late. The Conciliator contacted the Father by phone at work. He was not able to leave to attend the Conference on July 1, 2004 but agreed to attend on a rescheduled date. Plaintiff's counsel will serve the Order and Petition in a fashion consistent with the Pennsylvania Rules of Civil Procedure. Father requested to be served by restricted delivery mail. in the alternative, Plaintiff's counsel indicated he may serve Father at work. Both parties were advised that the Conciliator expected them to attend promptly on the next Conciliation date which they agreed to do. ~D'~te~/~e~der rescheduled e ~ssa Peel Greevy, Esquir~ Custody Conciliator :231837 LINDSAY OBERDORF, Plaintiff V. THOMAS FULLER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2024 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~' ~-"day of August, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Mother, Lindsay Oberdorf, shall have legal custody of the minor children, Garrett Fuller, bom June 24, 2001, and Delaney Fuller, born March 29, 2004. 2. Physical Custody. Mother shall have primary physical custody of the minor children subject to periods of partial custody with Father which shall be arranged as the parties may agree. 3. Counsel for Mother shall serve a copy of this Order upon Father, and file a Return of Service following completion thereof. 4. The Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 5. In the event the Father is aggrieved by the t:erms'~qf this Order, upon proper petition, a Custody Conciliation Conference will b~e scheduled i7 ordinary course. BY T/HECOURT: ~' Dist: .~an K. Zellner, Esquire, P O Box 368, Camp Hill, PA 17001 /ThomasFuller, III, 235 North Street, Chambersburg, PA 17201 csj:232824 LINDSAY OBERDORF, Plaintiff V, THOMAS FULLER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2024 CIVIL TERM 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 Garrett Fuller Delaney Fuller DATE OF BIRTH June 24, 2001 Mamh 29, 2004 CURRENTLY IN THE CUSTODY OF Mother IVIother 2. Mother filed a Complaint for Custody on May 5, 2004. A Custody Conciliation Conference was scheduled for July 1, 2004. Mother arriw~d late. Father did not attend. A telephone call was made to Father at work. The Conciliator spoke with him. He indicated a willingness to participate in custody conciliation, but claimed he had not received the previous Order. The Conciliator confirmed his mailing address and agreed to reschedule the Custody Conciliation Conference for another day so that both parties could attend. A new Order was issued on July 7, 2004 rescheduling the Conference for July 27, 2004. On July 27, 2004, the conference was attended by the Mother, Lindsay Oberdorf, and her counsel, Brian K. Zellner, Esquire. Mr. Zellner produced a signed green card indicating the delivery of the Order scheduling the conference on July 20, 2004. Father did not attend. Mother reports that Father had told her he would not be coming to the conference due to lack of transportation. Mother further reports that he had acknowledged receipt of the Order sent by the Conciliator's office. 3. Father's position on custody is as follows: Unknown, as Father did not attend. 4. Mother's position on custody is as follows: Mother reports that she has had primary custody of the children since birth. She reports that Father has not seen the children in four (4) weeks and has not called to inquire about seeing them. She states that Father has no permanent address. He may be staying wiith friends in Upper Strausburg. She believes he does not have a residential phone number, however, he has possession of NO. 04-2024 CIVIL TERM her cellular phone. She believes Father has no transportation at this time because he had asked her to bring him some oil after the car broke down. '.She took him the oil. Unfortunately, the car could not be repaired. Mother reports that she filed the Complaint because she and Father had a disagreement regarding thE; children and he had commented to her that he could take the children to Missouri if he ~vanted to because there was no Court Order regarding custody of the children. Mother reports that she has offered to take the children to see Father at his Aunt Chris' home on his day off. However, she reports that he has made no request for her to do so. 5. The Custody Conciliator makes the recommendation for an Order granting Mother primary physical custody and partial custody,~dtl~ather as the parties may agree. [~j~te" / - 'Meli,S~a Peep Greev~, Esquire Custody Conciliator c~:232824 LINDSAY OBERDORF, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04 - 2024 CIVIL TERM THOMAS FULLER, III, Defendant CIVIl.. ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Brian K. Zellner, Esquire, do hereby certify that the Defendant was served with the attached Order on September 14, 2004 by first class mail. I hereby verify that the statements of fact made in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to criminal penalties contained in 18 Pa. S.~ Section 4909, relating to unsworn falisification to authorities. Date: I l)¥ BCian K. Zellner, Esquire 380."; Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Atty Id. No. 59262 Attorney for the Plaintiff ..... LINDSAY OBERDORF, .......... : IN THE COUP, T OF COMMON PLEAS OF " CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2024 CIVIL TERM ,, , ~,~ , ~ ~. ~ ~: ,-,. t.;IVii~TrOR-?[2~ ,~,~. : ~.~,~: THOMAS FULLER, Iii, : IN CUSTODY Defendant : ORDER OF COURT AND NOW, this q'll'']q day of August, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Mother, Lindsay Oberdorf, shall have legal custody of the minor children, Garrett Fuller, born June 24, 2001, and Delaney Fuller, born March 29, 2004. 2. Physical Custody. Mother shall have primary physical custody of the minor children subject to periods of partial custody with Father Which shall be arranged as the parties may agree. 3. Counsel for Mother shall serve a copy of this Order upon Father, and file a Return of Service following completion thereof. 4. The Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 5. In the event the Father is aggrieved by the terms of this Order, upon proper petition, a Custody Conciliation Conference will be scheduled in the Ordinary course. Dist: BY THE COURT: Bdan K. Zellner, Esquire, P O Box 368, Camp Hill, PA 17001 Thomas Fuller, III, 235 North Street, Ohambersburg, PA 17201 csj:232824 TRUE COPY FROM RECORD n Testimony whereof, I h~'~ vnto set my hand ~nd ,the seal of saki Court a~arlisle, Pa. , -''