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HomeMy WebLinkAbout10-2521CHARLES GEPHART, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. STACY ONDESKO _ Defendant : IN CUSTODY o ?b -it COMPLAINT FOR CUSTODY ?? AND NOW, comes Plaintiff, CHARLES GEPHART, by and through his attorneys, BUTLER LAW FIRM, and respectfully represents as follows: 1. The Plaintiff is CHARLES GEPHART an adult individual residing at 605 Thrush Court, Mechanicsburg, Pennsylvania, 17055. 2. The Defendant is STACY ONDESKO, an adult individual residing at 8 East North Avenue, Enola, Pennsylvania, 17025. 3. Plaintiff seeks partial custody of the following child: Name Residence Ai?e Blake L. Gephart 8 East North Avenue 16 months Enola, PA 17025 The child was born out of wedlock to Plaintiff and Defendant. The child is presently in the custody of Defendant, STACY ONDESKO, who resides at 8 East North Avenue, Enola, Pennsylvania, 17025. 4 / ? S. ed P 't Al ex k 19775- P-1*', a--y6 6 ? I During the past 16 months, the child has resided with the following persons and at the following addresses: Charles Gephart Stacy Ondesko Tom Ondesko Kathy Ondesko Thomas Ondesko James Ondesko Charles Gephart Stacy Ondesko Stacy Ondesko Tom Ondesko Kathy Ondesko Thomas Ondesko James Ondesko Michael Peck 8 East North Ave November, 2008 - Enola, PA 17025 March, 2009 695 Thrush Court March, 2009 - Mechanicsburg, PA 17055 February, 2010 8 East North Ave February, 2010 - Enola, PA 17025 Present The mother of the child is STACY ONDESKO, currently residing at 8 East North Avenue, Enola, Pennsylvania, 17025. She is single. The father of the child is CHARLES GEPHART, currently residing at 605 Thrush Court, Mechanicsburg, Pennsylvania, 17055. He is single. 4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides alone. 5. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the child, with her father, Tom Ondesko, her mother, Kathy Ondesko, her brothers Thomas and James Ondesko, and a family friend, Michael Peck. 6. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because Plaintiff has cared for the child since birth and is ready, willing and able to provide a stable home environment for the child. 8. 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. WHEREFORE, Plaintiff requests this Honorable Court to grant him joint legal and partial physical custody of the subject minor child. DA 17E Respectfully submitted, ale SUZ E M. BUTLER, ESQUIRE Attorney for Plaintiff I.D. #306931 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 VERIFICATION I, CHARLES GEPHART, verify that the statements made in the foregoing Complaint for Custody are true and correct based upon my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATE: CHARLES GEPH T, Plaintiff JUN 0 4 2010 ~ CHARLES GEPHART IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA c~~" ~ `n vs. 2010-2521 CIVIL ACTION LAW s. STACY ONDESKO =%~:;T ~ ~:_},-_• Defendant IN CUSTODY _Jr ,` , {,'; 3' ~r t...1 ~"~ ~-t't ~~ ~J ~ll •~ w.. { ORDER OF COURT AND NOW, this ~~ day of ~ ~G 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Charles Gephart, and the Mother, Stacy Ondesko, shall have shared legal custody of Blake L. Gephart, born November 21, 2008. Major decisions concerning the Child including, but not necessarily limited to, his 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 Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends, beginning June 5, 2010, from Saturday at 4:00 p.m. through Sunday at 12:00 noon. In addition, the Father shall have custody every Thursday from 10:30 a.m. until 7:30 p.m. and every Monday from 12:00 noon unti19:30 p.m. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanks ig ving: The Thanksgiving holiday period shall run from Wednesday at 6:00 p.m. through Thanksgiving Day at 7:00 p.m. The Father shall have custody of the Child for Thanksgiving in even numbered years and the Mother shall have custody in odd numbered years. C. Easter: The Easter holiday shall run from Saturday at 6:00 p.m. through Easter Sunday at 7:00 p.m. The Mother shall have custody of the Child for Easter in odd numbered years and the Father shall have custody in even numbered years. D. Ju1~: The Independence Day holiday shall run from July 4`" at 5:00 p.m. through July 5`h at 12:00 noon. The Mother shall have custody of the Child for the Independence Day holiday in even numbered years and the Father shall have custody in odd numbered years. E. Halloween Trick or Treat: The Mother shall have custody of the Child for Trick or Treat night in even numbered years and the Father shall have custody in odd numbered years. The non-custodial parent may have custody of the Child for Trick or Treat on an evening other than the custodial parent's Trick or Treat night if available. F. Mother's Dav/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day with the specific times for exchanges of custody to be arranged by agreement between the parties. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have custody of the Child for vacation each year for two weeks, to be scheduled nonconsecutively unless otherwise agreed between the parties. The parties shall provide each other with at least 30 days advance notice of a scheduled vacation and the parent providing notice first shall be entitled to preference on his or her vacation dates. In 2010, the Mother shall have a period of vacation with the Child from July 12 through July 15. The parent having custody of the Child for vacation shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted during the vacation. 6. Neither party shall consume alcohol or use illegal drugs during periods of custody with the Child. 7. The Mother shall provide transportation for all exchanges of custody unless otherwise agreed between the parties. 8. 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. 9. 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: Suzanne M. Butler, Esquire -Counsel for Father ~ Gregory S. Hazlett, Esquire -Counsel for Mother ~'-R~ nu,,~-~¢d 1~~9'tn T ~ 7 TT TT !1llT TT T CHARLES GEPHART IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2010-2521 CIVIL ACTION LAW STACY ONDESKO Defendant 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 Blake L. Gephart November 21, 2008 Mother 2. A custody conciliation conference was held on June 3, 2010, with the following individuals in attendance: the Father, Charles Gephart, with his counsel, Suzanne M. Butler, Esquire, and the Mother, Stacy Ondesko, with her counsel, Gregory S. Hazlett, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ ~~~ Date ~ Dawn S. Sunday, Esquire Custody Conciliator