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HomeMy WebLinkAbout04-2771IVO V. OTTO, III PLAINTIFF V. ELIZABETHANN OTTO DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-2771 CIV1L ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beibre 1)awn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, Aullust 03, 2004 at 1:30 PM for a Ih'e-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. All children age five or older may also be vresent at the ccmference. Failure to avpear 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, Sl~eciai Relief orders, and Custody orders to the conciliator 48 hours prie,r to scheduled hearinl~. FORTHECOURT, By: /s/ Dawn S. Sunday. Esq. rnhc 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 access/hie 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 FORTIt 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 8 The father oftf~e children is the Plaintiff who resides at the address set out above He is married to the Defendant. 9 The mother of the children is the Defendant who resides at the address set out above She is married to the Plaintiff 10 The Plaintiff is the natural father of the children. I I The Defendant is the natural mother of the children 12 The parties curreptly reside most of the time at the same residence at 152 Lisburn Road ~n Carlisle, Pennsylvania However, they are separated and each of them have the children with them various portions of the time on a weekly and monthly basis. The parties have not been able to resolve their plans for custody of the children and need court intervention for that purpose~ Plaintiff anticipates that the parties will be physically separated~ and the Defendant will be residing at her other residence at 2803 Sunset Court in Grantham, Cumberland County, Pennsylvania, by the t~me this matter is heard by the court or resolved by agreement 13, The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any otlqer court The Plaintiff has no information ora custody proceeding concerning the children pending in a court of this or any other jurisdiction Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children 14 The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A He has always been extensively involved with the care of the children and, in fact, has provided more of that care than has the Defendant; and B. He is able to continue the status quo of the children, in whict~ they are doing well, much more so than Defendant can in her circumstances; and C, He is better able to foster a good relationship between the children and both parents and more willing to do so; and D Plaintiffand his family can provide a more stable and continuing relationship for the children than can Defendant. 15 Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action II WHEREFORE, Plaintiff prays this court to award the parties shared legal custody of their two children, to award him primary physical custody of the children, and to award Defendant periods of temporary custody and visitation as appropriate. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12t~ Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). IVO V. OTTO, III IVO V OTFO, III, PLAINTIFF VS¸ ElizabethAnn O~l-O, DEFENDANT IN THE COURT OF COMMON PLEAS QF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 2771 IN DIVORCE ACCEPTANCE OF SERVICE I hereby enter my appearance for the Defendant, ElizabethAnn Otto, and accept service of the Complaint in this matter. Su~,r~t ID # 525 North 12TM Street Lemoyne, Pa 17043 (717) 533-3280 1VO V. OTTO, III Plaintiff VS. ELIZABETHANN OTTO Defendant IN THE COLrRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2771 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 12th day of ~' the conciliator, being advised by plaintiff's counsel that all custody issues have been resolved by a~:eement of the parties, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator IVO V. OTTO, III, Plaintiff VS. ElizabethAnn OTTO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2771 Civil Term IN CUSTODY STIPULATION AND NOW this ~ day of ~-___ , 2004, the above- named parties, by their attorneys who execute this Stipulation on their behalf and with their authorization, hereby stipulate to and request the court to enter the attached order. Attorney for Plaintiff Date: I[ ~ ~i~ hn, ~7'~nnelIy, Jr. ~ J~t~rney for Defendant Date: ~/-~/o~ II IVO V. OTTO, III, Plaintiff VS. ElizabethAnn OTTO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2771 Civil Term liN CUSTODY ORDER OF COURT ANDNOW, this -~,3~ day of __(~~_~_,~ 2004, uponthe stipulation of the parties as executed by their attorneys, we hereby order and decree as follows: 1. Legal custody of the minor children, Alexandra Elizabeth Otto, age 10, born 6 December 1993, and Ivo V. Otto, IV, age 8, born 4 August 1996, shall be shared by the Plaintiff, Ivo V. Otto, III ("Father") and the Defendant, ElizabethAnn Otto ("Mother"). The parties will cooperate to share all information and jointly make all significant decisions involving the children, including decisions regarding their' health and medical care, their religious upbringing, and their education. 2. Father and Mother shall share physical custody of the children on the following schedule: A. Father shall have custody of the children each week from Monday at 4:00 p.m. until Wednesday at 4:00 p.m.; and B. Mother shall have custody of the children each week from Wednesday at 4:00 p.m. until Friday at 4:00 p.m.; and C. The parties will alternate physical custody of the children on weekends, commencing at 4:00 p.m. on Friday and ending at 4:00p.m. on Monday. 3. Each of the parents shall have a period of custody with both of the children for a period of two weeks each year, uninterrupted by the other parent's custody with the children, on thirty (30) days advance written notice to the other parent. 4. The parties shall share or alternate custody of the children over all holidays, Mother's Day, Father's Day, and the children's birthday, as the parties may mutually agree. 5. The parties may modify, temporarily or permanently, the schedules set forth in this order, but only by mutual agreement reduced to writing. In the event that the parties cannot agree on holidays or any other terms of the schedule set forth in this order, either party may petition the court for modification or clarification of the order. The parties, however, are encouraged to resolved these matters themselves if possible. BY THE CO~]'~' ~ Distribution: -- 7 ~"'~muel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 ~r~hn J. Connelly, Esquire (Attorney for Defendant) P.O. Box 650, Hershey, PA 17033