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HomeMy WebLinkAbout09-2362ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 IN THE COURT OF COMMON PLEAS OF THE 9THJUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA J KELLY ERLER • t I ?/L Plaintiff No. - L r ? , V. Civil Action- Complaint for IVAN M. ONATIVIA, JR. Child Custody Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Kelly Erler, (hereinafter "Mother"), an adult individual, sui juris, residing at 20 West Main Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Ivan M. Onativia, Jr. (hereinafter "Father"), an adult individual, sui juris, who at the time of filing of this Complaint is incarcerated at the following address 382 Southwest MCI Way, Florida State Penitentiary, Madison, Florida 32340. 3. Plaintiff seeks custody of the following child: Name Madylynn G. Onativia Address 20 West Main Street Camp Hill, PA, 17011 AAge, 3 y/o (DOB: 12-5-06) 4. The child was born out of wedlock. 5. The child is presently in the primary physical custody of Mother. 6. During the last five years the child has resided with the following persons and at the following addresses: Name Address Kelly Erler 39 Turner Drive Ivan Onativia Fayetteville, PA Kelly Erler 2104 Wentworth Drive Camp Hill, PA 17011 Kelly Erler 20 West Main Street Dirk Storie Camp Hill, PA 17011 Ayden Erler (5mos old) Date Birth to 5-1-2007 5-1-07 to 10-1-08 10-1-08 to present 7. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Name Dirk Storie Ayden Erler Relationship Boyfriend Son 8. Mother is represented by Lee E. Oesterling, Esquire in regard to this matter. 9. At this time counsel for Father is unknown to Mother. 10. Mother has no information of another custody proceeding concerning the child pending in a Court of this Commonwealth. 11. Mother 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: 13. Mother has been the primary custodian and caregiver of the child since birth. 14. Mother has maintained a relationship with the child that has provided for the child's Physical and emotional well being. 15. 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. All other persons, named who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE 22. A copy of this Complaint has been served on Defendant by certified and first class mail. WHEREFORE, Plaintiff, Kelly Erler, requests the court grant her custody of the child. Respectfully Submitted, Lee E. OestMiug, ui Supreme Court ID.E # 71320 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Attorney for Plaintiff FILED--OMCE OF THE RF^ T H11-,NOTARY 2009 APR 14 Pt 3: G 8 NS i eK:4 213 ? 9 R-' x3 I.Z .- KELLY ERLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2362 CIVIL ACTION LAW IVAN M. ONATIVIA, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 21, 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 Friday, May 29, 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. G&O Es . 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 f? OF Tj 2409 A PR 21 Pjj 12.5 0 KELLY ERLER, Plaintiff VS. IVAN M. ONATIVIA, JR., Defendant JUN U c ZOU9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-2362 IN CUSTODY COURT ORDER AND NOW, this day of June, 2009, upon consideration of the Conciliation Report, it is ordered and directed as follows: Custody 1. The mother, Kelly Erler, shall enjoy sole legal and sole physical custody of Madylynn G. Onativia, born December 5, 2006. 2. Upon such time as the father, Ivan M. Onativia, Jr., being released from prison and in the event the mother is in agreement, the father may have periods of visitation with the minor child at such times and under such circumstances as agreed to by the i mother. 3. Upon father's release from prison and in the event the parties are unable to reach any agreement with respect to visitation for him, father may petition this co to have the case again scheduled with the Custody Conciliator for a conference. BY THE Judge cc: ee E. Oesterling, Esquire ?Mr. Ivan M. Onativia KELLY ERLER, Plaintiff VS. IVAN M. ONATIVIA, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-2362 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the follow 1. The pertinent information pertaining to the child who is the subject of is as follows: Madylynn G. Onativia, born December 5, 2006 2. A Conciliation Conference was held on May 29, 2009, with the fo in attendance: The mother, Kelly Erler, who appeared with her counsel, Lee E OF CIVIL report: litigation individuals Esquire. 3. The father is incarcerated in Florida and has not seen the child since almost two years ago. Based upon that fact, the Conciliator recommends an Order i the form as attached. Date: 6 - 1_, 2009 Hubert X. Gilroy, E: Custody Conciliator OF TN-r_ F Tµ;?`,!OTA.RY 2009 JUN 10 AM ( 1: 5 5) i il'INS S VVX "IA