HomeMy WebLinkAbout09-2965Lm 0®0 of
hn M. err
5020 FURM Road
Suite 109
MedlankSbiag. PA 17056
PHom: 717.788.4008
FAx: 717.788.4088
RYAN S. O'HARA,
V.
JENNIFER ANN ROSE,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. d 5 _ a cu.
CIVIL ACTION - CHILD CUSTODY
1. Plaintiff is Ryan S. O'H ara, an adult individual residing at 722 Erford Road, Camp
Hill, Pennsylvania 17011.
2. Defendant is Jennifer nn Rose, an adult individual residing at 99 West Portland
Street #12, Mechanicsburg, P ennsylvania 17055.
3. The parties are the na tural parents of the following minor child: Elliana Rose
O'Hara, born May 17, 2005 ( ereinafter, "the child").
4. The child was born ou of wedlock.
5. The child is presently the custody of Plaintiff, who resides at 722 Erford Road,
Camp Hill, Pennsylvania 1701, 1.
6. During the past five ye ars, the child has resided with the following persons and at
the following addresses:
Names ddresses Dates
Ryan S. O'Hara 22 Erford Road 3/1/09 - present
Kelly Nornhold fters, PA 17319
Elliana Rose O'Hara
Ryan S. O'Hara 17 Water Street, Apt. 2 10/1/07 - 2/28/09
Elliana Rose O'Hara ew Cumberland, PA 17070
Ryan S. O'Hara 9 W. Portland St. #12 6/1/07-9/30/07
Jennifer A. Rose echanicsburg, PA 17055
Elliana Rose O'Hara
Ryan S. O'Hara 1021 W. Trindle Road 8/31/06-5/31/07
Jennifer A. Rose Mechanicsburg, PA 17055
Elliana Rose O'Hara
L- E Oak.
M. err
5020 RMW Road
Sutra 108
Medw*sbtug. PA 17055
F) Or : 717.766.4908
FAx: 717.788.4088
Ryan S. O'Hara
Jennifer A. Rose
Elliana Rose O'Hara
7. The Father of the
Erford Road, Camp Hill, Pen
8. The Mother of the ch
99 W. Portland St. #16
Mechanicsburg, PA 17055
5/17/05-8/31/06
I is Plaintiff Ryan S. O'Hara, residing with the child at 722
svlvania 17011. He is not married.
is Defendant, Jennifer A. Rose, who resides at 99 W.
Portland Street #12, Mechan sburg, Pennsylvania 17055. She is not married.
9. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently
resides with the following persons:
Name
Kelly Nomhold
Elliana Rose O'Hara
10. The relationship of tt
currently resides with the fol
Name
No one other than herself.
11. Plaintiff has not
litigation concerning the
12. Plaintiff has no i
in a court of this
13. Plaintiff does not
physical custody of the child
the child.
14. Each parent whose
person who has physical
Relationship
Fiance'
Daughter
Defendant to the child is that of mother. The Defendant
persons:
Relationship
ed as a party or witness, or in another capacity, in other
of the child in this or another court.
ition of a custody proceeding concerning the child pending
Ith or any other state.
of a person not a party to the proceedings who has
claims to have custody or visitation rights with respect to
al rights to the child have not been terminated and the
of the child have been named as parties to this action.
15. The best interest and
the relief requested because:
a) the Plaintiff F
having lived continuously
b) the child is
c) Mother suf
and cocaine, blacking out on
welfare of the child will be served by granting
has served as primary custodian and care giver,
his child for the past four years;
spering under the present arrangement.
from bipolar disorder, schizophrenia and abuse of alcohol
)ccasion while the child is in her custody;
d) The child's sa ty is potentially endangered while in her care; and
e) the emotional, physical and/or spiritual development of the child will be
enhanced by granting prima physical custody of the child to Plaintiff and granting
partial custody rights to Moth r only when properly supervised.
WHEREFORE, Plaintiff requ sts that the Court grant to him primary physical custody of
the child and limit Defendant' partial custody to periods under effective supervision.
Respectfully submitted,
LwOS.d
hn M. en
5020 .1c
Mter Road
State 100
MedWnksbtug. FA 17055
PHam: 717.788.4008
FAx: 717.788.4088
John M. Kerr, Esquire
Attorney I. D. # 26414
Law Office of John M. Kerr, Esquire
5020 Ritter Road, Suite 109
Mechanicsburg, Pennsylvania 17055
(717) 766-4008
Attorney for Plaintiff, Ryan S. O'Hara
Dated: May 11, 2009
The undersigned hereby states that he is the Plaintiff in the foregoing Custody action and, as
such, is authorized to execute this Verification and that any factual statements contained in the
preceding Complaint in Custody are truo and correct to the best of his knowledge, information and
belief. He understands that any false statements are subject to the penalties prescribed at 18 Pa.C.S.
§4904, relating to unsworn falsification to authorities.
Ryan O'Hara
I
RYAN S. O'HARA,
Plaintiff
V.
JENNIFER A. ROSE,
Defendant
The undersigned
in Custody," on the
Via Certified Mail:
Jennifer A. Rose
99 West Portland Street #12
Mechanicsburg, PA 17055
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO.
certifies that he has served a copy of the foregoing, "Complaint
individual in the manner indicated:
J n M. Kerr, Esquire
5020 Ritter Road
Suite 109
Mechanicsburg, PA 17055
(717) 766-4008
ohn M. err
5020 FUM Road
Stft 108
Medw* SWM. PA 17055
lam: 717.766.4008
FAx: 717.766.4066
Dated: May 11, 2009
BLED- ' rl"E
OF THE f"NO APY
2009 MAY I I PH 3: 50
VVtviklf%i -.' ,-'JNTY
PENN,§' LVANIA
g/ P5-. S'-() /7d °`'ly
Or & i y SY
xv )y 571
RYAN S. O'HARA IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER A. ROSE
DEFENDANT
2009-2965 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, May 13, 2009 , 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 Wednesday, June 24, 2009 at 12:30 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. 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/ Dawn S. Sunday 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
FILE Y
Ivs
Sllf -07
6d
Arlo-? ? ? ?
~I.UN 2 92009
RYAN S. O'HARA IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2009-2965 CIVIL ACTION LAW
JENNIFER A. ROSE
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this ~JO~ day of ~.~~~ 2009, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Mother, Jennifer A. Rose, and the Father, Ryan S. O'Hara, shall have shared legal
custody of Elliana Rose O'Hara born May 17, 2005. 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. The Father shall have primary physical custody of the Child.
3. The Mother shall have partial physical custody of the Child beginning June 24, 2009, on
Mondays and Wednesdays from 4:00 p.m., when the Mother shall pick up the Child at daycare,
through 7:30 p.m.
4. Both parties shall submit themselves to hair follicle drug testing within two weeks of the
date of the custody conciliation conference. Each party shall pay for his or her own initial test.
Thereafter, either party may randomly request that the other party undergo further drug testing within
48 hours of the time of the request, for which the requesting party shall pay the costs except in the
event of a positive test result. Both parties shall sign any authorizations necessary for the testing
agency to provide the drug test results to the other party's attorney.
5. At such time as the Mother has received two consecutive drug test results confirming no
recent drug use (since the time of the initial test), the partial physical custody schedule shall be
expanded to include alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. in
addition to the Monday and Wednesday periods of custody.
6. In 2009, the Father shall have custody of the Child on July Fourth and the Mother shall have
custody on Labor Day, with the specific times to be arranged by agreement between the parties.
7. The Mother shall not remove the Child from the Commonwealth of Pennsylvania without
the advance written consent of the Father.
8. The parties and their counsel shall attend an additional custody conciliation conference in
the office of the conciliator, Dawn S. Sunday, on Wednesday, September 23, 2009 at 10:30 a.m. for the
purpose of reviewing the custodial arrangements. Either party may request that the follow-up
conference be expedited due to issues related to the drug test results, if necessary.
9. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
10. 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 THE COURT,
~ ~~
cc: ~hn M. Kerr, Esquire -Counsel for Father
/ Jeanne B. Costopoulos ,Esquire -Counsel for Mother
~p'~ t~E.S rr-~-
~~3 0~0~
RYAN S. O'HARA
Plaintiff
vs.
JENNIFER A. ROSE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2009-2965 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:
The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Elliana Rose O'Hara May 17, 2005 Father
2. A custody conciliation conference was held on June 24, 2009, with the following individuals
in attendance: the Father, Ryan S. O'Hara, with his counsel, John M. Kerr, Esquire, and the Mother,
Jennifer A. Rose, with her counsel, Jeanne B. Costopoulos, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
~lt~~_-"i~r=iG~
QF THE P"~, ~ :.~f•:~.=t~~;~Y
Y~ J ~ .;
209 J~F~ 30 X1'9 I i ~ ~ 9
CU~,~r~: -~; ~,, ,
RYAN S. O'HARA IN THE COURT OF COMMON PLEAS OF
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER ANN ROSE,
DEFENDANT NO. 09-2965 CIVIL
IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 14th day of October, 2009, upon consideration of the
Defendant's Answer to Plaintiff's Petition for Emergency Relief and her Petition
for Emergency Relief, given the short period of time available to resolve the
outstanding weekend visit issue,
IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff shall file an
immediate response to the Defendant's Petition for Emergency Relief and the
matter shall be decided on the pleadings.
By the Court,
M. L. Ebert, Jr., J.
~hn M. Kerr, Esquire
Attorney for Plaintiff
.I
~anne B. Costopoulos, Esquire
Attorney for Defendant ~ C }~
bas
\O.
Via ~ ~ ~s
Q
~~/
y.y4~. -~i,.,pt]..!
... ~I~' .. iN
fL.i ' ;'j~`~J
R i :,3 ~,,~ ~~ ~ .~~C~ S~~Z
Vii" _ _ -{`y~"~
f
JAN. 1 12010 G
RYAN S. O'HARA IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNnYL MANIA
vs. 2009-2965 CIVIL ACTION I~i~ ` :_:~
_, : , ~.
JENNIFER A. ROSE ~ = ~,, ~ y
Defendant IN CUSTODY '~' `-
tT
~-.. t -, .1r ~_,,, C~
ORDER OF COURT ._ ~ ~ ~ ~`
~~a ~`
AND NOW, this ~1~~ day of ~ av~vglr , .2$8'~ upon
consideration of the attached Custody Conciliation Report, it is ord red and directed as follows:
1. The prior Orders of this Court dated June 30, 2009 and September 10, 2009 are vacated and
replaced with this Order.
2. The Father, Ryan S. O'Hara, and the Mother, Jennifer A. Rose, shall have shared legal
custody of Elliana Rose O'Hara, born May 17, 2005. 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.
3. The Father shall have primary physical custody of the Child.
4. The Mother shall have periods of supervised partial custody with the Child for a minimum
of two weekends per month and up to as many custodial periods as agreed upon between the parties.
The Mother's periods of custody shall be supervised at all times by the Mother's sister or another adult
individual selected by agreement between the parties.
5. The Mother shall follow the recommended treatment plan established by the Stevens Center
on an ongoing basis and shall continue to authorize the Father's counsel to verify the Mother's
compliance with the treatment plan.
6. The parties and counsel shall attend afollow-up custody conciliation conference in the
office of the conciliator, Dawn S. Sunday, on Monday, April 5, 2010 at 9:00 a.m. for the purpose of
reviewing the custodial arrangements.
7. 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 THE COURT,
~~
M. L. Ebert, Jr. J.
cc: / J hn M. Kerr, Esquire -Counsel for Father
Jeanne B. Costopoulos, Esquire -Counsel for Mother
I .
~ 2,s m.'a ~ l.~
~/ia~~a
~.r~
Y ~
RYAN S. O'HARA
Plaintiff
vs.
JENNIFER A. ROSE
Defendant
Prior Judge: M. L. Ebert, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2009-2965 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
Elliana Rose O'Hara May 17, 2005 Father
2. A custody conciliation conference was held on January 6, 2010, with the following
individuals in attendance: the Father, Ryan S. O'Hara, with his counsel, John M. Kerr, Esquire, and
the Mother, Jennifer A. Rose, with her counsel, Jeanne B. Costopoulos, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
~L,ue.a..1.. Ct . ~o ! O
Date
Dawn S. Sunday, Esquire
Custody Conciliator